CITY of ALBUQUERQUE
TWENTY SEVENTH COUNCIL
COUNCIL BILL NO. M-26-1 ENACTMENT NO. ___________________
SPONSORED BY: Dan Lewis
MEMORIAL
title
Urging The State Legislature To Remove Statutory Restrictions On Municipal Authority To Set Standing Requirements For Zoning Appeals (Lewis)
body
URGING THE STATE LEGISLATURE TO REMOVE STATUTORY RESTRICTIONS ON MUNICIPAL AUTHORITY TO SET STANDING REQUIREMENTS FOR ZONING APPEALS.
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) allows a person, officer, department, board, or bureau aggrieved of a zoning decision of any administrative officer, commission, or committee to appeal to the applicable zoning authority; and
WHEREAS, NMSA 1978, Section 3-21-9 provides that a person “aggrieved” by a decision of the zoning authority or any officer, department, board, or bureau of the zoning authority may further appeal the decision to District Court; and
WHEREAS, NMSA 1978, Sections 3-21-8 and 3-21-9 impose a single statewide standing standard for zoning appeals on every mun...
Click here for full text