New Mexico § 3-21-3 - Procedure for extraterritorial zoning
Full text of New Mexico New Mexico Statutes Annotated § 3-21-3 — Procedure for extraterritorial zoning, with citation guidance and answers to common questions.
§ 3-21-3. Procedure for extraterritorial zoning
A. Upon the initiative of any municipal governing body or of the board of county commissioners
of any county wherein any portion of the extraterritorial zoning area of the municipality
lies, the municipality and the county may enter into an agreement providing for the
zoning of that portion of the extraterritorial zoning area lying within the county
joining in the agreement. In the absence of such agreement, a petition requesting the zoning of the extraterritorial
zoning area and signed by twenty-five percent of the qualified electors residing in
the extraterritorial zoning area and within the same county may be filed with the
county clerk of the county of the petitioners' residence. Upon the filing of such petition, the governing body of the municipality and the
board of county commissioners shall enter into an agreement providing for the zoning
of that portion of the extraterritorial zoning area lying within the county joining
in the agreement. Any agreement entered into pursuant to the provisions of this subsection may be
subsequently amended by agreement of both parties. B. The agreement entered into pursuant to Subsection A of this section shall provide
for an extraterritorial zoning commission consisting of equal numbers of members appointed
by the municipal zoning authority and the county commission; provided that at least
one-half of these members shall reside in the extraterritorial zone. Additionally, one member from an area of the county not within the zoning jurisdiction
of the municipality or within the area of the county affected by the proposed extraterritorial
zoning ordinance shall be appointed by a majority of the members appointed by the
board of county commissioners and by the municipal zoning authority. The agreement shall also provide for a joint municipal-county zoning authority consisting
of one or more members of the municipal governing body and one or more members of
the board of county commissioners, provided such authority membership shall contain
one more county commission member than municipal governing body member. C. No zoning ordinance shall be adopted by the joint municipal-county zoning authority
unless the ordinance has been recommended by the extraterritorial zoning commission. D. Within three hundred sixty days of the appointment of the last member to be appointed,
the extraterritorial zoning commission shall recommend to the joint municipal-county
zoning authority a zoning ordinance applicable to all or any portion of the extraterritorial
zoning area lying within the county joining in the agreement pursuant to Subsection
A of this section. The ordinance shall also provide, subject to the restrictions of Section 3-21-6 NMSA 1978 , for the manner in which zoning regulations, restrictions and the boundaries of districts
are: (1) determined, established and enforced; and (2) amended, supplemented or repealed.
Source: official New Mexico text · Last verified 2026-08-27
Frequently Asked Questions About New Mexico § 3-21-3
What does New Mexico Statutes Annotated § 3-21-3 cover?
Section 3-21-3 ("Procedure for extraterritorial zoning") is part of the New Mexico Statutes Annotated, the codified statutory law of New Mexico. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite New Mexico § 3-21-3?
A common citation format is "New Mexico Statutes Annotated § 3-21-3" (New Mexico). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of New Mexico law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the New Mexico official source linked on this page or consult a licensed New Mexico attorney.
How does New Mexico § 3-21-3 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in New Mexico can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in New Mexico.