A. A zoning ordinance adopted by a joint municipal-county zoning authority shall be an ordinance of the municipality and an ordinance of the county joining in the agreement pursuant to Subsection A of Section 3-21-3 NMSA 1978 and may be enforced by appropriate procedures of either the municipality or the county. The agreement entered into pursuant to Subsection A of Section 3-21-3 NMSA 1978 may specify whether the municipality or the county shall assume primary enforcement responsibility.
B. The extraterritorial zoning commission shall administer the zoning ordinance adopted by the joint municipal-county zoning authority in the manner provided in Subsection C of Section 3-21-7 NMSA 1978.
C. Appeals from the decisions of the extraterritorial zoning commission shall be taken to the joint municipal-county zoning authority in the manner provided in Section 3-21-8 NMSA 1978, and appeals from the decisions of the joint municipal-county zoning authority shall be taken to the district court in the manner provided in Section 39-3-1.1 NMSA 1978.
History: 1953 Comp., § 14-20-2.3, enacted by Laws 1977, ch. 80, § 3; 1998, ch. 55, § 6; 1999, ch. 265, § 6.
Cross references. — For procedures governing administrative appeals to the district court, see Rule 1-074 NMRA.
The 1998 amendment, effective September 1, 1998, in Subsection C substituted "12-8A-1 NMSA 1978" for "3-21-9 NMSA 1978".
The 1999 amendment, effective July 1, 1999, substituted "Section 39-3-1.1" for "Section 12-8A-1" in Subsection C.
Applicability of chapter. — This chapter does not effectively repeal all prior laws and ordinances governing the extraterritorial area; the county still had authority to enforce its ordinances throughout its territory except within the limits of a municipality. Edwards v. Board of Cnty. Comm'rs, 1994-NMCA-160, 119 N.M. 114, 888 P.2d 996.
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.