Chapter 4 — Chapter 4

public projects. The legislature declares that courthouses, jails, bridges, hospitals, public libraries, facilities for the holding of county fairs, cultural facilities, juvenile detention homes, athletic facilities, parking structures, administrative facilities, facilities for h…

The boards of county commissioners may issue the general obligation bonds of the county in any sum necessary, not greater than four percent, inclusive of all other bonded indebtedness, of the assessed value of the taxable property of the county, for the purpose of building courth…

petition. A. Whenever a petition signed by not less than two hundred qualified electors of any county in this state is presented to the board of county commissioners asking that a vote be taken on the question or proposition of building, remodeling or making additions to necessar…

In the event that a second petition is filed, the procedure for the calling of such election, for giving notice thereof and for all other procedure requirements, shall be the same as if no other petition had been filed. History: Laws 1937, ch. 52, § 2; 1941 Comp., § 15-4605; 1953…

Subject to the approval of the board of county commissioners, there is created the office of county flood commissioner in each county through which runs any river or stream which is subject to flood conditions destructive to property or dangerous to human life. County flood commi…

Each county of the state through which runs any river, stream or arroyo subject to flood conditions destructive to property or dangerous to human life shall be by the board of county commissioners, within thirty days after the passage and approval of this act [4-50-10 to 4-50-17 …

qualifications.] It shall be the duty of the board of county commissioners to appoint an emergency flood superintendent for each of said districts. Each emergency flood superintendent shall be a citizen of the United States, and of the state of New Mexico, and shall have resided …

The term of office of such superintendent shall be for a period of two years, and until his successor is appointed and qualified, and the board of county commissioners shall have power to remove such officer for any cause they shall deem sufficient. Within thirty days from the da…

The superintendent, in all cases where property or life is threatened by flood waters, may, with the consent of the county commissioners, summon all or any part of the able- bodied male persons under the age of sixty years residing within his district and within five miles on eac…

Said superintendent shall have the right to serve notice, summons or calls for work upon persons summoned and called hereunder. Such notice shall state time and place where such work is required, and the number of days' work required, and the teams required, and he shall make a c…

Any person summoned and called to do work hereunder as above provided, who shall fail to appear and do said work or to furnish a substitute who shall appear and do said work, or pay to the superintendent the sum or sums herein provided in lieu of said work, shall be guilty of a m…

pay amounts collected; penalty; recovery.] All moneys collected under the provisions of this act [4-50-10 to 4-50-17 NMSA 1978] shall be deposited with the county treasurer to the credit of a fund to be known as the "emergency district flood fund," and shall be used and applied s…

The said superintendent is hereby authorized and empowered in times of flood emergency to order headgates of ditches to be closed, ditches to be cut, flood waters to be drained through ditches or other channels already cut, or through ditches or channels to be cut for that purpos…

A board of county commissioners, upon certification of the need and estimated cost by the county flood commissioner, may contract to borrow funds through state or federal agencies or through the New Mexico finance authority for flood control purposes and may levy an annual tax at…

contracts for financing. County flood commissioners may inspect rivers and streams in their respective counties where flood waters are liable to cause damage to property or life and in their discretion cause to be constructed and maintained dikes, embankments, dams, ditches or ot…

objections.] Such county flood commissioners, their agents and employes [employees] shall have free and unobstructed ingress and egress to any and all lands and premises where such ingress and egress are necessary to the performance of the duties by this act [4-50-1 to 4-50-9 NMS…

The county flood commissioners shall have the power to condemn property for the purpose of carrying Sections 4-50-1 through 4-50-17 NMSA 1978 into effect, upon petition to the district courts, and in the manner provided by the Eminent Domain Code [42A-1-1 to 42A-1-33 NMSA 1978]. …

A. No expense or indebtedness shall be incurred by any county flood commissioner in excess of the amount of any annual levy, excepting where there may be remaining on hand funds arising from previous similar levies; provided, however, that where a board of county commissioners, u…

Between the 15th day of December of each year and the succeeding first day of January each county flood commissioner shall make full and detailed report to the county commissioners of their respective counties, giving a detailed description of all work constructed, built or maint…

The county flood commissioners are hereby authorized and empowered to jointly expend money with the county flood commissioners of adjoining counties, or to locate dikes, dams, embankments, ditches and other structures and excavations without their counties when such location is d…

All county flood funds now on hand shall be held and disbursed subject to the provisions of this act [4-50-1 to 4-50-9 NMSA 1978]. All moneys in the county flood fund of the respective counties affected by this act, levied under the provisions of Section 1308 of the Compiled Laws…

At the close of any calendar year, should the actual revenues exceed the estimated budget estimates of expenses as finally approved and certified, the excess money shall be applied on the budget estimate for the next succeeding year, except as provided in Section 6-6-19 NMSA 1978…

Any official or employee violating the provisions of this act [4-51-1 to 4-51-3 NMSA 1978] shall, upon conviction thereof in a court of competent jurisdiction, be deemed guilty of a misdemeanor and punished by a fine not less than one hundred dollars [($100)] nor more than five h…

All acts and parts of acts in conflict with this act [4-51-1 to 4-51-3 NMSA 1978] are hereby repealed; provided that nothing herein contained shall be construed as repealing Sections 6-6-11, 6-6-13 to 6-6-18 NMSA 1978 or other existing statutory limitations upon the debt-contract…

This act [4-52-1 to 4-52-10, 4-52-11 to 4-52-15 NMSA 1978] may be cited as the "Refuse Disposal Act". History: 1953 Comp., § 15-52-1, enacted by Laws 1959, ch. 194, § 1.

The votes shall be counted by the election officers at the close of the polls and report of the results along with the ballots delivered to the polling superintendent, who shall certify the results to the board of county commissioners. If a majority of votes cast favor creation o…

In a class A county, the board of county commissioners may create a refuse disposal district by ordinance. The district shall consist only of contiguous parcels of property. The board shall create the district only after considering the feasibility of the district and the likelih…

The board of county commissioners has power to: A. establish and fill a position of manager to manage and supervise the manner of storage, collection and disposal of refuse, and fix the compensation attached to the position, or may authorize and direct an administrative official …

A. Resident electors of an area without a district may petition the board of county commissioners to add the area to the district. The petition shall define the boundaries of the land desired to be annexed and give other information pertinent to such proposal. The petition shall …

Resident electors of lands which have not been, are not and cannot be benefited by their inclusion in the district, may petition the board of county commissioners to have the lands detached. The petition shall describe the lands and state the reasons why they should be detached. …

A. Any time after five years from the organization of a district, fifty or more resident electors of a district, or, if less than one hundred resident electors are involved, a majority of the resident electors of the district, may file a petition with the board of county commissi…

Violation of any ordinance adopted by the county commissioners on behalf of the district under Section 11 [4-52-11 NMSA 1978] of the Refuse Disposal Act shall be deemed a misdemeanor. History: 1953 Comp., § 15-52-15, enacted by Laws 1959, ch. 194, § 15.

As used in the Refuse Disposal Act: A. "garbage" includes all waste food, swill, carrion, slops and all waste from the preparation, cooking and consumption of food and from the handling, storage and sale of food products and the carcasses of animals; B. "rubbish" includes all was…

The purpose of the Refuse Disposal Act is to safeguard and improve the public health through the proper disposition of refuse. History: 1953 Comp., § 15-52-3, enacted by Laws 1959, ch. 194, § 3.

A refuse disposal district may be organized and managed as herein provided, and is authorized to exercise the powers expressly granted or necessarily implied by the Refuse Disposal Act. History: 1953 Comp., § 15-52-4, enacted by Laws 1959, ch. 194, § 4.

A district must be entirely within one county and may consist of noncontiguous parcels of property, but shall not include any incorporated area. History: 1953 Comp., § 15-52-5, enacted by Laws 1959, ch. 194, § 5.

When fifty or more resident electors of a proposed district, or, if less than one hundred resident electors are involved, a majority of the resident electors of the proposed district, desire to form a district, they shall file a petition with the board of county commissioners. Th…

A. Within thirty days after the petition has been filed with the board of county commissioners, it shall cause due notice to be given by publication for three consecutive weeks immediately prior to action in a newspaper of general circulation in the county, or, if no newspaper of…

After the board of county commissioners has made and recorded a determination that there is need, in the interest of public health, safety and welfare, for creation of the proposed district, it shall consider the question whether the operation of a district within the proposed bo…

The question to be voted on shall be submitted by ballots upon which appear the following: "For creation of .............................. Refuse Control District [ ] Against creation of .......................... Refuse Control District [ ]" A square shall follow each propositio…

Chapter 4, Article 53 NMSA 1978 may be cited as the "Special District Procedures Act". History: 1953 Comp., § 15-53-1, enacted by Laws 1965, ch. 291, § 1; 1978 Comp., § 4- 53-1, 2025, ch. 83, § 14.

A. Upon conclusion of the hearing, the commission may take the matter under consideration and shall, within thirty days following conclusion of the hearing, present its decision. The commission may also adjourn a hearing from time to time, but not to exceed a total of thirty days…

The usual and necessary operating expenses incurred by the commission shall be prorated among the municipalities in the county by an agreement between the county and such municipalities. History: 1953 Comp., § 15-53-11, enacted by Laws 1965, ch. 291, § 11.

The state fairgrounds district and the provisions of the State Fairgrounds District Act [Chapter 6, Article 35 NMSA 1978] are exempt from the provisions of the Special District Procedures Act. History: Laws 2025, ch. 83, § 15.

As used in the Special District Procedures Act: A. "special district" means any single or multipurpose district organized or that may be organized as a local public body of this state for the purpose of constructing and furnishing any urban-oriented service which another politica…

A. There shall be created in each county of the state a "county special district commission" consisting of five members selected as follows: (1) two members appointed by the board of county commissioners, each of whom shall represent the county and shall be a county officer; (2) …

The commission may: A. review and approve, or disapprove with or without amendment, wholly, partially or conditionally, proposals to create special districts within the county; B. review and approve, or disapprove petitions for the dissolution, consolidation or merger of special …

A. Any proposal for the creation of a special district shall be submitted to the commission prior to any election or court hearing provided in the law authorizing the creation of the special district by those parties authorized by law to initiate proceedings for the creation of a…

A. Any municipality, county or special district may by resolution adopted by its governing body, petition the commission requesting the merger, dissolution or consolidation of any special district within the county. Merger or consolidation petitions shall include information as w…

At public hearings held pursuant to the Special District Procedures Act, the commission shall hear any interested party having made a written request to be heard, and shall receive any reports on the proposal before it. The commission may make and enforce any rules and regulation…