Chapter 47, Article 6 NMSA 1978 may be cited as the “New Mexico Subdivision Act”. History: 1953 Comp., § 70-5-1, enacted by Laws 1973, ch. 348, § 1; 1995, ch. 212, § 1. ANNOTATIONS Cross references. — For Land Subdivision Act, see 47-5-1 to 47-5-8 NMSA 1978. The 1995 amendment, effective July 1, 1996, substituted […]
In promulgating subdivision regulations, the board of county commissioners shall adhere to the following procedures. A. Prior to adopting, amending or repealing any regulation, the board of county commissioners shall consult with representatives of the office of the state engineer, the department of environment, the cultural affairs department, all soil and water conservation districts within […]
A. Preliminary plats shall be submitted for type-one, type-two, type-three, except type-three subdivisions that are subject to review under summary procedure as set forth in Subsection I of this section, and type-four subdivisions. B. Prior to approving the preliminary plat, the board of county commissioners of the county in which the subdivision is located shall […]
A. An approved or conditionally approved preliminary plat shall expire twenty-four months after its approval or conditional approval, or after any additional period of time as may be prescribed by county regulation, not to exceed an additional twelve months. However, if the subdivider proposes to file multiple final plats as provided for under county regulations […]
Before approving the final plat for a subdivision containing ten or more parcels, any one of which is two acres or less in size, the board of county commissioners shall require that the subdivider provide proof of a service commitment from a water provider and an opinion from the state engineer that the subdivider can […]
A. After the approval or conditional approval of a preliminary plat and prior to the expiration of such plat, the subdivider may prepare a final plat in accordance with the approved or conditionally approved preliminary plat. B. The board of county commissioners shall not deny a final plat if it has previously approved a preliminary […]
A. Before approving the final plat for a subdivision of land from which irrigation water rights appurtenant to the land have been severed, the board of county commissioners shall require that the subdivider provide proof of a service commitment from a water provider and an opinion from the state engineer that the subdivider can fulfill […]
ANNOTATIONS Repeals. — Laws 1995, ch. 212, § 32 repealed 47-6-12 and 47-6-13 NMSA 1978, as enacted by Laws 1973, ch. 348, § 12 and as amended by Laws 1981, ch. 148, § 4, relating to approval for type-three, type-four and type-five subdivisions, effective July 1, 1996. For provisions of former sections, see the 1994 […]
The board of county commissioners shall adhere to the following requirements concerning public hearings on preliminary plats. A. Notice of the hearing shall be given at least twenty-one days prior to the hearing date and shall state: (1) the subject of the hearing; (2) the time and place of the hearing; (3) the manner for […]
A. A party who is or may be adversely affected by a decision of a delegate of the board of county commissioners shall appeal the delegate’s decision to the board of county commissioners within thirty days of the date of the delegate’s decision. The board of county commissioners shall hear the appeal and shall render […]
Any proposed subdivision may be combined and upgraded for classification purposes by the board of county commissioners with a previous subdivision if the proposed subdivision includes: A. a part of a previous subdivision that has been created in the preceding seven-year period; or B. any land retained by a subdivider after creating a previous subdivision […]
A. Prior to selling, leasing or otherwise conveying any land in a subdivision, the subdivider shall disclose in writing such information as the board of county commissioners requires, by regulation, to permit the prospective purchaser, lessee or other person acquiring an interest in subdivided land to make an informed decision about the purchase, lease or […]
A. Brochures, disclosure statements, publications and advertising of any form relating to subdivided land shall: (1) not misrepresent or contain false or misleading statements of fact; (2) not describe deeds, title insurance or other items included in a transaction as “free” and shall not state that any parcel is “free” or given as an “award” […]
A. Roads within a subdivision shall be constructed only on a schedule approved by the board of county commissioners. In approving or disapproving a subdivider’s road construction schedule, the board of county commissioners shall consider: (1) the proposed use of the subdivision; (2) the period of time before the roads will receive substantial use; (3) […]
As used in the New Mexico Subdivision Act: A. “board of county commissioners” means the governing board of a county; B. “common promotional plan” means a plan or scheme of operation, undertaken by a single subdivider or a group of subdividers acting in concert, to offer for sale or lease parcels of land where the […]
A. Any public agency receiving a request from the board of county commissioners for an opinion and any Indian nation, tribe or pueblo that chooses to submit an opinion pursuant to Section 47-6-11 NMSA 1978 shall furnish the board with the requested opinion within the time period set forth in Subsection A of Section 47-6-22 […]
In determining whether the subdivider can fulfill the requirements of the subdivision and the proposals contained in his disclosure statement, the appropriate public agency may request, through the board of county commissioners, that the subdivider submit such information as the agency may feel necessary to permit it to make that determination. History: 1953 Comp., § […]
A. All opinions required of public agencies or submitted by an Indian nation, tribe or pueblo shall be furnished to the board of county commissioners within thirty days after the public agencies or Indian nation, tribe or pueblo receives the written request and accompanying information from the board of county commissioners. If the board of […]
If the purchaser, lessee or other person acquiring an interest in the subdivided land has not inspected his parcel prior to the time of purchase, lease or other conveyance, the purchase, lease or other conveyancing agreement shall contain a provision giving the purchaser, lessee or other person acquiring an interest in the subdivided land six […]
In approving subdivision plats, the board of county commissioners may require the subdivider to set forth a schedule of compliance with county subdivision regulations that is acceptable to the board of county commissioners. History: 1953 Comp., § 70-5-24, enacted by Laws 1973, ch. 348, § 24. ANNOTATIONS Law reviews. — For note, “Definitional Loopholes Limit […]
