SENATE BILL 463

51st legislature - STATE OF NEW MEXICO - first session, 2013

INTRODUCED BY

Carlos R. Cisneros

AN ACT

RELATING TO LOCAL GOVERNMENT; AMENDING A SECTION OF THE MUNICIPAL CODE TO PROVIDE FOR PRESUMPTIVE STATE PREEMPTION OF LOCAL GOVERNMENT BY STATE LEGISLATION REGULATING AN ACTIVITY OR UNDERTAKING.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     SECTION 1. Section 3-21-2 NMSA 1978 (being Laws 1965, Chapter 300, Section 14-20-2, as amended) is amended to read:

     "3-21-2. JURISDICTION OF A COUNTY OR MUNICIPAL ZONING AUTHORITY.--To carry out the purposes of Sections 3-21-1 through 3-21-14 NMSA 1978:

          A. a county zoning authority may adopt a zoning ordinance applicable to all or any portion of the territory within the county that is not within the zoning jurisdiction of a municipality;

          B. a municipal zoning authority may adopt a zoning ordinance applicable to the territory within the municipal boundaries and, if not within a class A county with a population of more than three hundred thousand persons according to the last federal decennial census, shall have concurrent authority with the county to zone all or any portion of the territory within its extraterritorial zoning jurisdiction that is within:

                (1) two miles of the boundary of any municipality having a population of twenty thousand or more persons, provided such territory is not within the boundary of another municipality;

                (2) one mile of the boundary of any municipality having a population of one thousand five hundred or more but less than twenty thousand persons, provided such territory is not within the boundaries of another municipality;

                (3) the limits of the boundaries of a municipality having a population of one thousand five hundred persons or less; or

                (4) territory not lying within the boundary of a municipality but within the extraterritorial jurisdiction of more than one municipality; provided that the extraterritorial zoning jurisdiction of each municipality shall terminate equidistant from the boundary of each municipality unless one municipality has a population according to the most recent federal decennial census of less than two thousand five hundred and another municipality has a population according to the most recent federal decennial census of more than two thousand five hundred, in which case the extraterritorial zoning jurisdiction of the municipality having the greatest population extends to such territory; and

                (5) territory in addition to the extraterritorial zoning jurisdiction provided by Paragraphs (1), (2), (3) and (4) of this subsection that the governing bodies of a county and a municipality agree to place within the extraterritorial zoning jurisdiction of the municipality by agreement entered into pursuant to the provisions of the Joint Powers Agreements Act, provided such additional territory is not within the boundary of another municipality and is contiguous to the exterior boundaries of the territory within the extraterritorial zoning jurisdiction of the municipality;

          C. concurrent authority shall be exercised pursuant to an extraterritorial zoning authority or joint powers agreement; provided, however, this authority may be exercised regardless of whether a county has enacted a comprehensive zoning ordinance; [and]

          D. in the absence of a county zoning ordinance, a qualified elector may file a petition, signed by the qualified electors of the county equal in number to not less than twenty-five percent of the votes cast for the office of governor at the last preceding general election, seeking the adoption of a zoning ordinance by the county zoning authority. Within one year of the filing of the petition seeking the adoption of a county zoning ordinance, the board of county commissioners shall adopt a county zoning ordinance; and

          E. notwithstanding the foregoing, the provisions of the Oil and Gas Act and the rules promulgated by the oil conservation commission and the oil conservation division of the energy, minerals and natural resources department are intended to exclusively occupy the field of regulating the exploration, development, production and transportation of oil and gas and any associated remediation and reclamation activities related thereto, and the jurisdiction of county or municipal zoning authorities is expressly preempted."

- 4 -