A. Unless otherwise specifically authorized by the Development Fees Act, no municipality or county may enact or impose an impact fee.
B. If it complies with the Development Fees Act, a municipality or county may enact or impose impact fees on land within its respective corporate boundaries.
C. A municipality and county may enter into a joint powers agreement to provide capital improvements within an area subject to both county and municipal platting and subdivision jurisdiction or extraterritorial jurisdiction and may charge an impact fee under the agreement, but if an impact fee is charged in that area, the municipality and county shall comply with the Development Fees Act.
D. A municipality or county may waive impact fee requirements for affordable housing projects.
History: Laws 1993, ch. 122, § 3; 2001, ch. 176, § 1.
The 2001 amendment, effective June 15, 2001, added Subsection D.
No vested development rights under impact fee ordinance. — Where the municipal impact fee ordinance exempted developers who possessed development rights that vested prior to the ordinance's date of enactment from paying the impact fee; prior to the date the ordinance was enacted, the municipal planning commission approved a site plan for subdivision of land owned by plaintiff; the approved plan established zoning, tract boundaries, vehicle access, bicycle and trail access, public transit access, internal circulation requirements, building heights, setbacks, and common landscape standards; none of the tracts were platted; and the regulations which were promulgated pursuant to the ordinance defined vested rights as development rights acquired and resulting from building permit approval, final plat approval, preliminary plat approval, or site plan for subdivision or site plan for building permit approval and defined site plan for subdivision as a plat that covers at least one lot and specifies access and building criteria, under the ordinance, a developer receives development rights at the time it receives approval of a reliable platting pattern, the developer's original site plan for subdivision did not confer the development rights necessary to establish vested rights under the ordinance, because it did not provide a reliable platting pattern, and the developer was not exempt from paying impact fees. Andalucia Dev. Corp., Inc. v. City of Albuquerque, 2010-NMCA-052, 148 N.M. 277, 234 P.3d 929.
No common law vested development rights. — Where the municipal impact fee ordinance exempted developers who possessed development rights that vested prior to the ordinance's date of enactment from paying the impact fee; prior to the date the ordinance was enacted, the municipal planning commission approved a site plan for subdivision of land owned by plaintiff; the approved plan established zoning, tract boundaries, vehicle access, bicycle and trail access, public transit access, internal circulation requirements, building heights, setbacks, and common landscape standards; none of the tracts were platted; and development of the property was subject to subsequent municipal approvals and the continuance of the project remained entirely within the municipality's discretion, the original site plan for subdivision did not confer a vested development right under common law and the developer was not exempt from paying impact fees. Andalucia Dev. Corp., Inc. v. City of Albuquerque, 2010-NMCA-052, 148 N.M. 277, 234 P.3d 929.
Structure 2021 New Mexico Statutes
Chapter 5 - Municipalities and Counties
Article 8 - Land Development Fees and Rights
Section 5-8-3 - Authorization of fee.
Section 5-8-4 - Items payable by fee.
Section 5-8-5 - Items not payable by fee.
Section 5-8-6 - Capital improvements plan.
Section 5-8-7 - Maximum fee per service unit.
Section 5-8-8 - Time for assessment and collection of fee.
Section 5-8-9 - Additional fee prohibited; exception.
Section 5-8-10 - Agreement with owner regarding payment.
Section 5-8-11 - Collection of fees if services not available.
Section 5-8-12 - Entitlement to services.
Section 5-8-14 - Requirement for governmental entities to pay fees.
Section 5-8-15 - Credits against facilities fees.
Section 5-8-16 - Accounting for fees and interest.
Section 5-8-18 - Compliance with procedures required.
Section 5-8-19 - Hearing on land use assumptions.
Section 5-8-20 - Information about assumptions available to public.
Section 5-8-21 - Notice of hearing on land use assumptions.
Section 5-8-22 - System-wide land use assumptions.
Section 5-8-23 - Capital improvements plan required after approval of land use assumptions.
Section 5-8-24 - Hearing on capital improvements plan and impact fee.
Section 5-8-25 - Information about plan available to public.
Section 5-8-26 - Notice of hearing on capital improvements plan and impact fee.
Section 5-8-27 - Advisory committee comments on capital improvements plan and impact fees.
Section 5-8-28 - Approval of capital improvements plan and impact fee required.
Section 5-8-29 - Consolidation of land use assumptions and capital improvements plan.
Section 5-8-30 - Periodic update of land use assumptions and capital improvements plan required.
Section 5-8-31 - Hearing on updated land use assumptions and capital improvements plan.
Section 5-8-34 - Advisory committee comments on amendments.
Section 5-8-35 - Approval of amendments required.
Section 5-8-37 - Advisory committee.
Section 5-8-38 - Duties to be performed within time limits.
Section 5-8-39 - Records of hearings.
Section 5-8-40 - Prior impact fees replaced by fees under Development Fees Act.
Section 5-8-41 - No effect on taxes or other charges.