2021 New Mexico Statutes
Article 8 - Land Development Fees and Rights
Section 5-8-35 - Approval of amendments required.

A. The municipality or county, within thirty days after the date of the public hearing on the amendments, shall approve, disapprove, revise or modify the amendments to the land use assumptions, the capital improvements plan or impact fees.
B. An ordinance, order or resolution approving the amendments to the land use assumptions, the capital improvements plan or impact fees shall not be adopted as an emergency measure and such adoption must comply with the procedural requirements of the Development Fees Act.
History: Laws 1993, ch. 122, ยง 35.

Structure 2021 New Mexico Statutes

2021 New Mexico Statutes

Chapter 5 - Municipalities and Counties

Article 8 - Land Development Fees and Rights

Section 5-8-1 - Short title.

Section 5-8-2 - Definitions.

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 5-8-13 - Authority of municipality or county to spend funds or enter into agreements to reduce fees.

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 5-8-17 - Refunds.

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 5-8-32 - Hearing on amendments to land use assumptions, capital improvements plan or impact fee.

Section 5-8-33 - Notice of hearing on amendments to land use assumptions, capital improvements plan or impact fee.

Section 5-8-34 - Advisory committee comments on amendments.

Section 5-8-35 - Approval of amendments required.

Section 5-8-36 - Determination that no update of land use assumptions, capital improvements plan or impact fee is needed.

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.

Section 5-8-42 - Moratorium on development prohibited.

Section 5-8-43 - Purpose; transfer of development rights.