2021 New Mexico Statutes
Chapter 5 - Municipalities and Counties
Article 8 - Land Development Fees and Rights

Section 5-8-1 - Short title. - This act [5-8-1 to 5-8-42 NMSA 1978] may be cited...

Section 5-8-2 - Definitions. - As used in the Development Fees Act: A. "affordable housing"...

Section 5-8-3 - Authorization of fee. - A. Unless otherwise specifically authorized by the Development Fees Act,...

Section 5-8-4 - Items payable by fee. - A. An impact fee may be imposed only to pay...

Section 5-8-5 - Items not payable by fee. - Impact fees shall not be imposed or used to pay...

Section 5-8-6 - Capital improvements plan. - A. A municipality or county shall use qualified professionals to...

Section 5-8-7 - Maximum fee per service unit. - The fee shall not exceed the cost to pay for...

Section 5-8-8 - Time for assessment and collection of fee. - A. Assessments of an impact fee shall be made at...

Section 5-8-9 - Additional fee prohibited; exception. - Except as provided in Subsection F of Section 8 [5-8-8...

Section 5-8-10 - Agreement with owner regarding payment. - A municipality or county is authorized to enter into an...

Section 5-8-11 - Collection of fees if services not available. - Impact fees may be assessed but shall not be collected...

Section 5-8-12 - Entitlement to services. - Any new development for which an impact fee has been...

Section 5-8-13 - Authority of municipality or county to spend funds or enter into agreements to reduce fees. - Municipalities or counties may spend funds from any lawful source...

Section 5-8-14 - Requirement for governmental entities to pay fees. - Governmental entities shall pay all impact fees imposed under the...

Section 5-8-15 - Credits against facilities fees. - Any construction of, contributions to or dedications of on-site or...

Section 5-8-16 - Accounting for fees and interest. - A. The order, ordinance or resolution imposing an impact fee...

Section 5-8-17 - Refunds. - A. Upon the request of an owner of the property...

Section 5-8-18 - Compliance with procedures required. - Except as otherwise provided by the Development Fees Act, a...

Section 5-8-19 - Hearing on land use assumptions. - To impose an impact fee, a municipality or county shall...

Section 5-8-20 - Information about assumptions available to public. - On or before the date of the first publication of...

Section 5-8-21 - Notice of hearing on land use assumptions. - A. The municipality or county shall publish notice of the...

Section 5-8-22 - System-wide land use assumptions. - A. A municipality or county may adopt system-wide land use...

Section 5-8-23 - Capital improvements plan required after approval of land use assumptions. - If the governing body adopts an ordinance, order or resolution...

Section 5-8-24 - Hearing on capital improvements plan and impact fee. - Upon completion of the capital improvements plan, the governing body...

Section 5-8-25 - Information about plan available to public. - On or before the date of the first publication of...

Section 5-8-26 - Notice of hearing on capital improvements plan and impact fee. - A. The municipality or county shall publish notice of the...

Section 5-8-27 - Advisory committee comments on capital improvements plan and impact fees. - The advisory committee created under Section 37 [5-8-37 NMSA 1978]...

Section 5-8-28 - Approval of capital improvements plan and impact fee required. - A. The municipality or county, within thirty days after the...

Section 5-8-29 - Consolidation of land use assumptions and capital improvements plan. - A. In lieu of separately adopting the land use assumptions...

Section 5-8-30 - Periodic update of land use assumptions and capital improvements plan required. - A. A municipality or county imposing an impact fee shall...

Section 5-8-31 - Hearing on updated land use assumptions and capital improvements plan. - The governing body of the municipality or county shall, within...

Section 5-8-32 - Hearing on amendments to land use assumptions, capital improvements plan or impact fee. - A public hearing shall be held by the governing body...

Section 5-8-33 - Notice of hearing on amendments to land use assumptions, capital improvements plan or impact fee. - A. The municipality or county shall publish notice of the...

Section 5-8-34 - Advisory committee comments on amendments. - The advisory committee created under Section 37 [5-8-37 NMSA 1978]...

Section 5-8-35 - Approval of amendments required. - A. The municipality or county, within thirty days after the...

Section 5-8-36 - Determination that no update of land use assumptions, capital improvements plan or impact fee is needed. - A. If at the time an update under Section 30...

Section 5-8-37 - Advisory committee. - A. On or before the date on which the order,...

Section 5-8-38 - Duties to be performed within time limits. - If the governing body of the municipality or county does...

Section 5-8-39 - Records of hearings. - A record shall be made of any public hearing provided...

Section 5-8-40 - Prior impact fees replaced by fees under Development Fees Act. - An impact fee that is in place on the effective...

Section 5-8-41 - No effect on taxes or other charges. - The Development Fees Act does not prohibit, affect or regulate...

Section 5-8-42 - Moratorium on development prohibited. - A moratorium shall not be placed on new development for...

Section 5-8-43 - Purpose; transfer of development rights. - A. The purpose of this section is to: (1) clarify...