New Mexico Statutes
Article 23 - Engineering and Surveying
Section 61-23-28.2 - Surveying; record of survey. (Repealed effective July 1, 2024.)

A. For those surveys that do not create a division of land but only show existing tracts of record, except in the instance of remonumentation as specified in the board's minimum standards for boundary surveys, within sixty calendar days of the completion of the survey, a professional surveyor shall cause to be recorded at the office of the county clerk a survey entitled "boundary survey" that shall:
(1) contain a printed certification of the professional surveyor stating that "this is a boundary survey of an existing tract", or existing tracts, if appropriate, and that "it is not a land division or subdivision as defined in the New Mexico Subdivision Act";
(2) identify all tracts by the uniform parcel code designation or other designation established by the county assessor, if applicable;
(3) meet the minimum standards for surveying in New Mexico as established by the board; and
(4) not exceed a size of eighteen inches by twenty-four inches and be at least eight and one-half inches by eleven inches or as required by the local governing authority.
B. Fees for recording a boundary survey shall be in conformance with Section 14-8-15 NMSA 1978.
C. For those surveys that create a division of land, the survey shall be completed in conformity with the board's minimum standards and in conformity with the New Mexico Subdivision Act and any applicable local subdivision ordinances. Filing procedures shall be prescribed in the board's minimum standards. The record of survey required to be filed and recorded pursuant to this subsection shall be recorded at the office of the county clerk within sixty calendar days after completion of the survey or approval by the governing authority.
History: Laws 1999, ch. 259, § 34; 2011, ch. 134, § 20; 2017, ch. 42, § 18.
Delayed repeals. — For delayed repeal of this section, see 61-23-32 NMSA 1978.
The 2017 amendment, effective July 1, 2017, allowed the local governing authority to determine the size of "boundary surveys" that are recorded at the office of the county clerk; and in Subsection A, Paragraph A(4), after "one-half inches by eleven inches", added "or as required by the local governing authority".
The 2011 amendment, effective July 1, 2011, eliminated the requirement that boundary surveys consist of two black-line copies; imposed the fees provided for in Section 14-8-15 NMSA 1978; and eliminated the requirement that county clerks keep an indices of boundary survey plats and land division plats.
Authority to review survey plats prior to recording. — A county clerk has limited statutory authority to independently review the contents of survey plats presented for recordation to determine the threshold question whether the survey accomplishes a subdivision of land and the county clerk may enlist the aid of county zoning and planning officials in conducting this review. Valdez v. Vigil, 2007-NMCA-031, 141 N.M. 316, 154 P.3d 691, cert. denied, 2006-NMCERT-011, 140 N.M. 846 (decided under prior law).

Structure New Mexico Statutes