New Mexico § 3-21-3.2 - Extraterritorial zoning in class A counties; procedures

§ 3-21-3.2. Extraterritorial zoning in class A counties; procedures

A. In a class A county in which a municipality is located that has a population of: (1) more than three hundred thousand persons according to the last federal decennial

census, there shall be no extraterritorial zoning; or (2) three hundred thousand or fewer people, concurrent extraterritorial zoning jurisdiction

between that municipality and the county may be determined by an “extraterritorial

land use authority” pursuant to ordinances adopted by the municipal and county governing

bodies stating that the county or municipality will create an extraterritorial land

use authority. The extraterritorial land use authority shall have the jurisdiction and powers of

an extraterritorial zoning authority and shall carry out its duties related to planning

and platting jurisdiction, extraterritorial zoning, subdivision approval and annexation

approval or disapproval as provided in the Municipal Code. The extraterritorial land use authority shall consist of four county commissioners

appointed by the board of county commissioners and three city councilors or two city

councilors and the mayor appointed by the municipality. Alternates to the extraterritorial land use authority shall be appointed by the

board of county commissioners from among the remaining county commissioners and by

the municipality from among the remaining city councilors. The alternates shall be notified prior to a meeting of the extraterritorial land

use authority if an appointed member cannot attend. When replacing a member, an alternate shall have the same duties, privileges and

powers as other appointed members. B. The extraterritorial zoning commission in a class A county shall be known as the

“extraterritorial land use commission” if it is formed by a municipality and a class

A county that have adopted ordinances pursuant to Paragraph (2) of Subsection A of

this section stating that the county and municipality will create an extraterritorial

land use authority. C. The extraterritorial zoning commission shall be composed of five members of the

county planning commission appointed by the board of county commissioners and five

members of the environmental planning commission of the municipality appointed by

the city council. Alternates to the extraterritorial land use commission shall be appointed by the

board of county commissioners from the remaining members of the county planning commission

and by the municipality from the remaining members of the environmental planning commission,

who shall be notified prior to a meeting of the extraterritorial land use commission

if an appointed member cannot attend. When replacing a member, the alternate shall have the same duties, privileges and

powers as other appointed members. D. The composition of the extraterritorial land use commission shall not affect the

composition of any other extraterritorial zoning commission that may be established

in that county with any other municipality. E. The extraterritorial land use commission shall have the authority to carry out

duties related to planning and platting jurisdiction, subdivision and extraterritorial

zoning.