In addition to the powers authorized in Sections 3-21-2, 3-21-3 and 3-21-4 NMSA 1978, any county and any municipality may agree to authorize a joint municipal-county zoning authority to enact ordinances, regulations, or both, relating to approval and regulation of subdivisions within the extraterritorial zoning area as defined by the agreement creating the joint municipal-county zoning authority. Such subdivision ordinances and regulations shall be adopted, amended and enforced pursuant to Sections 3-21-3 and 3-21-4 NMSA 1978, as appropriate. Such subdivision ordinances and regulations may define "subdivision" in a manner which differs from the definitions set forth in Subsection A of Section 3-20-1 NMSA 1978 and in Subsection I of Section 47-6-2 NMSA 1978. The joint municipal-county zoning authority may also modify portions of the comprehensive plan, provided that such modifications leave unchanged those portions in the comprehensive plan that are not in the extraterritorial area.
History: 1978 Comp., § 3-21-3.1, enacted by Laws 1988, ch. 91, § 1; 1989, ch. 238, § 1.
The 1989 amendment, effective June 16, 1989, substituted "any county and any municipality" for "any class B county with a population in excess of ninety-five thousand persons and any municipality with a population in excess of fifty thousand persons located in such class B county" in the first sentence.
Structure New Mexico Statutes
Article 21 - Zoning Regulations
Section 3-21-1 - Zoning; authority of county or municipality.
Section 3-21-2 - Jurisdiction of a county or municipal zoning authority.
Section 3-21-3 - Procedure for extraterritorial zoning.
Section 3-21-3.1 - Additional procedures for extraterritorial zoning and subdivision regulation.
Section 3-21-3.2 - Extraterritorial zoning in class A counties; procedures.
Section 3-21-3.3 - Extraterritorial zoning jurisdiction; concurrent authority for certain counties.
Section 3-21-4 - Extraterritorial zoning ordinance; enforcement and administration; appeals.
Section 3-21-4.1 - Extraterritorial zoning ordinances adopted under former law.
Section 3-21-5 - Zoning; conformance to comprehensive plan.
Section 3-21-7 - Appointment of a zoning commission; duties; preliminary report and hearing.
Section 3-21-8 - Appeals to zoning authority; grounds; stay of proceedings.
Section 3-21-9 - Zoning; appeal.
Section 3-21-10 - Zoning enforcement.
Section 3-21-11 - Conflicts between zoning regulations and other statutes and ordinances.
Section 3-21-12 - County zoning authority; authority to contract.
Section 3-21-13 - Zoning enforcement by counties.
Section 3-21-14 - Adoption of county zoning ordinances.
Section 3-21-15 - [Special zoning districts;] short title.
Section 3-21-16 - Purpose of act.
Section 3-21-17 - Definitions.
Section 3-21-18 - Special zoning district.
Section 3-21-19 - Zoning commission.
Section 3-21-20 - Election of members to the commission.
Section 3-21-21 - Powers of the commission.
Section 3-21-22 - Procedures for regulations or restrictions.
Section 3-21-23 - Ordinance; penalty; remedies.
Section 3-21-24 - Enforcement.
Section 3-21-25 - Judicial review.
Section 3-21-26 - Costs incurred by zoning commission of special zoning district; fees.