Chapter 4 — Chapter 4

procedure; preliminary lien; notice of pendency of district; effect. A. Whenever the board determines that the creation of an improvement district is necessary by the provisional order method, the board shall by resolution direct the engineer to prepare preliminary plans and an e…

A. The notice of the provisional order creating an improvement district shall: (1) contain the time and place when the board shall hold a hearing on the provisional order creating the improvement district; (2) describe the improvement to be constructed and the general location th…

district court. A. At the hearing of the board on the provisional order creating an improvement district, any interested person or owner of property to be assessed for the improvement may file a written protest or objection questioning the: (1) propriety and advisability of const…

This act [4-55B-1 to 4-55B-5 NMSA 1978] may be cited as the "Historic Building Improvements Act". History: Laws 1993, ch. 52, § 1.

As used in the Historic Building Improvements Act: A. "county" means an H class county; B. "governing body" means the board of county commissioners of a county; C. "historic building improvements" means any repair or maintenance to the exterior or any renovation or other improvem…

improvements tax; resolution; election required. A. The governing body of a county may adopt a resolution authorizing the imposition of a property tax upon the taxable value of property in the county for the purpose of making historic building improvements. The total tax impositi…

A. The question of authorizing the imposition of a tax under the Historic Building Improvements Act shall be submitted to voters of the county at any general election or special election called for that purpose following the adoption of a resolution pursuant to the Historic Build…

and administration; discontinuance of tax. A. If a majority of the voters voting on the question votes for the historic building improvements tax pursuant to a resolution adopted under the Historic Building Improvements Act, the tax shall be imposed for the earliest property tax …

History: Laws 2009, ch. 270, § 1; 2019, ch. 110, § 2; repealed by Laws 2023, ch. 150, § 11.

History: Laws 2009, ch. 270, § 2; repealed by Laws 2023, ch. 150, § 11.

History: Laws 2009, ch. 270, § 3; 2019, ch. 110, § 3; repealed by Laws 2023, ch. 150, § 11.

History: Laws 2009, ch. 270, § 4; repealed by Laws 2023, ch. 150, § 11.

History: Laws 2009, ch. 270, § 5; repealed by Laws 2023, ch. 150, § 11.

History: Laws 2009, ch. 270, § 6; repealed by Laws 2023, ch. 150, § 11.

History: Laws 2009, ch. 270, § 7; repealed by Laws 2023, ch. 150, § 11.

History: Laws 2009, ch. 270, § 8; repealed by Laws 2023, ch. 150, § 11.

History: Laws 2019, ch. 110, § 4; repealed by Laws 2023, ch. 150, § 11.

This act [4-55D-1 to 4-55D-10 NMSA 1978] may be cited as the "Improvement Special Assessment Act". History: Laws 2023, ch. 150, § 1.

Nothing in the Improvement Special Assessment Act shall be interpreted to pledge, offer or encumber the full faith and credit of a county or municipality. History: Laws 2023, ch. 150, § 10; 2026, ch. 18, § 4.

As used in the Improvement Special Assessment Act: A. "capital provider" means a private entity or its designee, successor or assigns that finances or refinances an eligible improvement pursuant to the Improvement Special Assessment Act; B. "county" means a county, including an H…

The board of county commissioners of a county may by county ordinance establish a program. The county ordinance may apply within the boundaries of a municipality in a county if the municipality adopts a resolution or ordinance approving the application of the county's ordinance w…

A. Prior to entering into a special assessment agreement, a property owner shall submit a project application to the program administrator in a form consistent with the program guidebook. The application shall include: (1) for an existing eligible property: (a) where energy effic…

special assessment lien created. A. Upon entering into a special assessment agreement, the county shall record a special assessment lien on the subject property in the real property records of the county in which the property is located. B. The recording of the lien pursuant to S…

special assessment liens. A. Delinquent payments due on a special assessment incur interest and penalties as specified in the special assessment financing agreement. B. Delinquent payments due on a special assessment shall be enforced in the event of a nonpayment of the special a…

A. Special assessment financing shall be provided by capital providers and disbursed directly by capital providers to fund eligible improvements subject to a special assessment financing agreement. B. A county or municipality shall not be liable in any way for the debt of the pro…

A. Costs capitalized into the special assessment financing principal amount may include: (1) the cost of materials and labor necessary for installation or modification of an eligible improvement; (2) permit fees; (3) inspection fees; (4) capital provider's fees; (5) program admin…

A. The department shall develop and make available on its website within ninety days of the effective date of the Improvement Special Assessment Act the program guidebook governing the terms and conditions under which financing for special assessments may be made available throug…

As used in this act [4-56-1 to 4-56-3 NMSA 1978]: 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" in…

A. A county may establish and maintain, manage and supervise a system of storage, collection and disposal of all refuse. The board of county commissioners may appropriate money for: (1) the lease, purchase or condemnation of such lands or rights-of-way as are necessary for the st…

to administer. A. The board of county commissioners in any county establishing a system of collection and disposal of refuse may acquire by purchase, gift, grant, bequest, devise or through condemnation proceedings, in the manner provided in Sections 42-1-1 through 42-2-21 NMSA 1…

Any county may by ordinance establish a planning commission. A county planning commission shall consist of not less than five (5) members who shall be appointed by the county commission. Administrative officials of the county may be appointed as ex- officio nonvoting members of t…

A. A county planning commission shall have such powers as are necessary and proper to carry out and promote county planning. Such planning shall be made with the general purpose of guiding and accomplishing a coordinated, adjusted and harmonious development of the county which wi…

Each county shall have exclusive planning jurisdiction within its county boundary except as to any area exclusively within the planning and platting jurisdiction of a municipality and except as to those areas where a county and a municipality may have concurrent jurisdiction, as …

This act [4-58-1 to 4-58-6 NMSA 1978] may be cited as the "Planning District Act". History: 1953 Comp., § 15-59-1, enacted by Laws 1973, ch. 298, § 1.

The purpose of the Planning District Act is to establish state grants-in-aid for financial assistance to designated planning and development districts as created by executive order of the governor and which presently consist of: A. district 1, consisting of San Juan, McKinley and…

Nothing in the Planning District Act shall be construed to change or conflict with the status of economic development districts, regional and metropolitan planning commissions or councils of governments established heretofore under the Regional Planning Act [3-56-1 to 3-56-9 NMSA…

A. The governing board of any existing economic development district or council of government is the regional council of the initial planning and development district. No regional council of a planning and development district shall be recognized unless the membership of its gove…

A. The secretary of the department of finance and administration may, from time to time, make grants-in-aid to officially recognized regional councils of planning and development districts from funds appropriated for that purpose. Payments shall be scheduled as nearly as possible…

A. Whenever funds are appropriated to be used for making grants-in-aid authorized in the Planning District Act, the secretary of the department of finance and administration shall notify the respective boards of directors of the regional councils of the amount allocated to the di…

Chapter 4, Article 59 NMSA 1978 may be cited as the "County Industrial Revenue Bond Act". History: 1953 Comp., § 15-60-1, enacted by Laws 1975, ch. 286, § 1; 1997, ch. 216, § 3; 1997, ch. 226, § 3.

No county shall have the power to pay out of its general funds or otherwise contribute any part of the costs of acquiring a project, and shall not have the power to use land, already owned by the county or in which the county has an equity, for construction of a project or any pa…

Bonds issued under the provisions of the County Industrial Revenue Bond Act shall be legal investments for savings banks and insurance companies organized under the laws of this state. History: 1953 Comp., § 15-60-11, enacted by Laws 1975, ch. 286, § 11.

The bonds authorized by the County Industrial Revenue Bond Act and the income from the bonds, all mortgages or other security instruments executed as security for the bonds, all lease agreements made pursuant to the provisions of the County Industrial Revenue Bond Act, and revenu…

The County Industrial Revenue Bond Act shall not be construed as a restriction or limitation upon any powers which a county might otherwise have under any laws of this state, but shall be construed as cumulative; and the County Industrial Revenue Bond Act shall not be construed a…

No notice, consent or approval by any commission or public officer shall be required as a prerequisite to the sale or issuance of any bonds or the making of a mortgage under the authority of the County Industrial Revenue Bond Act, except as provided in that act. History: 1953 Com…

If any representative of an existing business or enterprise located within the boundaries of the county or within five miles of the proposed project alleges in a written complaint filed with the county governing body within fifteen days of the meeting at which an ordinance or res…

The County Industrial Revenue Bond Act shall be liberally construed to carry out its purposes. History: 1953 Comp., § 15-60-16, enacted by Laws 1975, ch. 286, § 16. ARTICLE 60 County Pollution Control Revenue Bonds

As used in the County Industrial Revenue Bond Act, unless the context clearly indicates otherwise: A. "commission" means the governing body of a county; B. "county" means a county organized or incorporated in New Mexico; C. "501(c)(3) corporation" means a corporation that demonst…

It is the intent of the legislature by the passage of the County Industrial Revenue Bond Act to authorize counties to acquire, own, lease or sell projects for the purpose of promoting industry and trade by inducing manufacturing, industrial and commercial enterprises to locate or…

In addition to any other powers that it may now have, each county shall have the following powers: A. to acquire, whether by construction, purchase, gift or lease, one or more projects, which shall be located within this state and shall be located within the county outside the bo…