CITY of ALBUQUERQUE
TWENTY SEVENTH COUNCIL
COUNCIL BILL NO. M-26-2 ENACTMENT NO. _______________
SPONSORED BY: Dan Lewis
MEMORIAL
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Urging The State Legislature To Amend State Statute To Permit Municipalities To Direct Certain Zoning Decisions To Be Directly Appealed To District Court (Lewis)
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WHEREAS, the New Mexico Constitution enshrines municipal home rule power, emphasizing that municipalities enjoy maximum local self-government and that a liberal construction should be given to the powers of municipalities; and
WHEREAS, the New Mexico Constitution further states that a municipality may exercise all legislative powers and perform all functions not expressly denied by general law or charter; and
WHERAS, New Mexico law enumerates the powers of municipalities, including the power to enter into contracts or leases, acquire and hold property, protect its property and its inhabitants, and preserve peace and order; and
WHEREAS, pursuant to NMSA 1978, Section 3-21-1, consistent with this constitutional grant of power and statutorily enumerated powers, New Mexico law expressly provides that a municipality is a zoning authority and may regulate and restrict zoning for the purpose of promoting health safety, morals, or general welfare; and
WHEREAS, NMSA 1978, Section 3-21-8(B) requires appeals of municipal zoning decisions to be heard first by the local zoning authority before any subsequent appeal may be taken to the district court; and
WHEREAS, the current appeal process may result in additional time and expense for applicants, appellants, local governments, and other interested parties, potentially causing significant delay in the final resolution of development applications; and
WHEREAS, an efficient and predictable land use approval process supports housing production, economic development, infrastructure investment, and responsible growth by reducing unnecessary delays; and
WHEREAS, improving the efficiency of the zoning ap...
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