A. Roads within a subdivision shall be constructed only on a schedule approved by the board of county commissioners. In approving or disapproving a subdivider's road construction schedule, the board of county commissioners shall consider:
(1) the proposed use of the subdivision;
(2) the period of time before the roads will receive substantial use;
(3) the period of time before construction of homes will commence on the portion of the subdivision serviced by the road;
(4) the county regulations governing phased development; and
(5) the needs of prospective purchasers, lessees and other persons acquiring an interest in subdivided land in viewing the land within the subdivision.
B. All proposed roads shall conform to minimum county safety standards.
C. The board of county commissioners shall not approve the grading or construction of roads unless and until the subdivider can reasonably demonstrate that the roads to be constructed will receive use and that the roads are required to provide access to parcels or improvements within twenty-four months from the date of construction of the road.
D. It is unlawful for the subdivider to grade or otherwise commence construction of roads unless the construction conforms to the schedule of road development approved by the board of county commissioners.
History: 1953 Comp., § 70-5-19, enacted by Laws 1973, ch. 348, § 19; 1981, ch. 148, § 5; 1995, ch. 212, § 20.
The 1995 amendment, effective July 1, 1996, inserted "and other persons acquiring an interest in subdivided land" in Paragraph A(5) and made minor stylistic changes.
Law reviews. — For annual survey of New Mexico law relating to property, see 12 N.M.L. Rev. 459 (1982).
Am. Jur. 2d, A.L.R. and C.J.S. references. — 83 Am. Jur. 2d Zoning and Planning §§ 518 to 528, 531 to 534, 564 to 567.
Constitutionality, construction, and application of statutes regulating the subdivision or development of land for sale or lease in lots or parcels, 122 A.L.R. 501.
Enforceability, by landowner, of subdivision developer's oral promise to construct or improve roads, 41 A.L.R.4th 573.
63 C.J.S. Municipal Corporations §§ 1042, 1044.
Structure New Mexico Statutes
Article 6 - County Subdivisions
Section 47-6-3 - Final plat; description.
Section 47-6-4 - Final plat acknowledgment; affidavit.
Section 47-6-5 - Dedication for public use; maintenance.
Section 47-6-6 - Filing with county clerk; duties of county clerk.
Section 47-6-7 - Vacation of plats; approval; duties of county clerk; effect.
Section 47-6-8 - Requirements prior to sale, lease or other conveyance.
Section 47-6-9 - Subdivision regulation; county authority.
Section 47-6-9.1 - Merger of contiguous parcels; prohibition.
Section 47-6-10 - County subdivision regulations; hearings; appeal.
Section 47-6-11 - Preliminary plat approval; summary review.
Section 47-6-11.1 - Expiration of preliminary plat.
Section 47-6-11.2 - Water permit required for final plat approval.
Section 47-6-11.3 - Approval of final plats.
Section 47-6-14 - Public hearings on preliminary plats.
Section 47-6-16 - Succeeding subdivisions.
Section 47-6-18 - Advertising standards.
Section 47-6-19 - Road development.
Section 47-6-20 - Public agencies required to provide counties with information.
Section 47-6-21 - Information reports.
Section 47-6-22 - Time limit on administrative action.
Section 47-6-23 - Right of inspection; rescission.
Section 47-6-24 - Schedule of compliance.
Section 47-6-25 - Suspension of right of sale.
Section 47-6-25.1 - Attorney general; district attorneys; investigation.
Section 47-6-26 - Injunctive relief; mandamus.
Section 47-6-27 - Criminal penalties.
Section 47-6-27.1 - Private remedies.
Section 47-6-27.2 - Approval necessary for utility connection.