New Mexico § 5-8-5 - Items not payable by fee
Full text of New Mexico New Mexico Statutes Annotated § 5-8-5 — Items not payable by fee, with citation guidance and answers to common questions.
§ 5-8-5. Items not payable by fee
Impact fees shall not be imposed or used to pay for: A. construction, acquisition or expansion of public facilities or assets that are
not capital improvements or facility expansions identified in the capital improvements
plan; B. repair, operation or maintenance of existing or new capital improvements or facility
expansions; C. upgrading, updating, expanding or replacing existing capital improvements to serve
existing development in order to meet stricter safety, efficiency, environmental or
regulatory standards; D. upgrading, updating, expanding or replacing existing capital improvements to provide
better service to existing development; E. administrative and operating costs of a municipality or county except as provided
in Paragraph (4) of Subsection A of Section 4 of the Development Fees Act; 1 F. principal payments or debt service charges on bonds or other indebtedness, except
as allowed by Section 4 of the Development Fees Act; or G. libraries, community centers, schools, projects for economic development and employment
growth, affordable housing or apparatus and equipment of any kind, except capital
improvements defined in Paragraph (3) of Subsection D of Section 2 of the Development
Fees Act. 2 1
NMSA 1978, § 5-8-4. 2
NMSA 1978, § 5-8-2.
Frequently Asked Questions About New Mexico § 5-8-5
What does New Mexico Statutes Annotated § 5-8-5 cover?
Section 5-8-5 ("Items not payable by fee") 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 § 5-8-5?
A common citation format is "New Mexico Statutes Annotated § 5-8-5" (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 § 5-8-5 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.