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SENATE BILL 312
57TH LEGISLATURE - STATE OF NEW MEXICO - FIRST SESSION, 2025
INTRODUCED BY
Antonio Maestas
AN ACT
RELATING TO ZONING; RESTRICTING APPEALS OF DECISIONS OF ZONING
AND PLANNING AUTHORITIES TO PEOPLE WHO HAVE AN OWNERSHIP
INTEREST IN THE REAL PROPERTY THAT IS THE SUBJECT OF THE
DECISION OR A PROPERTY THAT IS ADJACENT TO THE PROPERTY THAT IS
THE SUBJECT OF THE DECISION.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 3-19-8 NMSA 1978 (being Laws 1965,
Chapter 300, Section 14-18-8, as amended) is amended to read:
"3-19-8. APPEAL.--[Any ] A person [in interest]
dissatisfied with an order or determination of the planning
commission, after review of the order or determination by the
governing body of the municipality, may commence an appeal in
the district court pursuant to the provisions of Section
39-3-1.1 NMSA 1978; provided that if a specific real property
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is the subject of the order or determination, an appeal made
pursuant to this section shall be limited to an aggrieved
person who has an ownership interest in the real property that
is the subject of the order or determination or has an
ownership interest in a real property that is adjacent to the
property that is the subject of the order or determination ."
SECTION 2. Section 3-21-4 NMSA 1978 (being Laws 1977,
Chapter 80, Section 3, as amended) is amended to read:
"3-21-4. EXTRATERRITORIAL ZONING ORDINANCE--ENFORCEMENT
AND ADMINISTRATION--APPEALS.--
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
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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; provided that if a specific real property is the subject
of the decision, an appeal made pursuant to this section shall
be limited to an aggrieved person who has an ownership interest
in the real property that is the subject of the decision or has
an ownership interest in a real property that is adjacent to
the property that is the subject of the decision ."
SECTION 3. Section 3-21-8 NMSA 1978 (being Laws 1965,
Chapter 300, Section 14-20-6, as amended) is amended to read:
"3-21-8. APPEALS TO ZONING AUTHORITY--GROUNDS--STAY OF
PROCEEDINGS.--
A. The zoning authority shall provide by resolution
the procedure to be followed in considering appeals allowed by
this section.
B. [Any] An aggrieved person or [any ] an officer,
department, board or bureau of the zoning authority affected by
a decision of an administrative officer, commission or
committee in the enforcement of Sections 3-21-1 through 3-21-14
NMSA 1978 or ordinance, resolution, rule or regulation adopted
pursuant to these sections may appeal to the zoning authority;
provided that if a specific real property is the subject of the
decision, an appeal made pursuant to this section shall be
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limited to an aggrieved person who has an ownership interest in
the real property that is the subject of the decision or has an
ownership interest in a real property that is adjacent to the
property that is the subject of the decision . An appeal shall
stay all proceedings in furtherance of the action appealed
unless the officer, commission or committee from whom the
appeal is taken certifies that by reason of facts stated in the
certificate, a stay would cause imminent peril of life or
property. Upon certification, the proceedings shall not be
stayed except by order of district court after notice to the
official, commission or committee from whom the appeal is taken
and on due cause shown.
C. When an appeal alleges that there is error in
any order, requirement, decision or determination by an
administrative official, commission or committee in the
enforcement of Sections 3-21-1 through 3-21-14 NMSA 1978 or
[any] an ordinance, resolution, rule or regulation adopted
pursuant to these sections, the zoning authority by a majority
vote of all its members may:
(1) authorize, in appropriate cases and
subject to appropriate conditions and safeguards, variances or
special exceptions from the terms of the zoning ordinance or
resolution:
(a) that are not contrary to the public
interest;
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(b) where, owing to special conditions,
a literal enforcement of the zoning ordinance will result in
unnecessary hardship;
(c) so that the spirit of the zoning
ordinance is observed and substantial justice done; and
(d) so that the goals and policies of
the comprehensive plan are implemented; or
(2) in conformity with Sections 3-21-1 through
3-21-14 NMSA 1978:
(a) reverse any order, requirement,
decision or determination of an administrative official,
commission or committee;
(b) decide in favor of the appellant; or
(c) make [any change in any ] changes to
an order, requirement, decision or determination of an
administrative official, commission or committee."
SECTION 4. Section 3-21-9 NMSA 1978 (being Laws 1965,
Chapter 300, Section 14-20-7, as amended) is amended to read:
"3-21-9. ZONING--APPEAL.--A person aggrieved by a
decision of the zoning authority or any officer, department,
board or bureau of the zoning authority may appeal the decision
pursuant to the provisions of Section 39-3-1.1 NMSA 1978;
provided that if a specific real property is the subject of the
decision, an appeal made pursuant to this section shall be
limited to an aggrieved person who has an ownership interest in
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the real property that is the subject of the decision or has an
ownership interest in a real property that is adjacent to the
property that is the subject of the decision ."
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