A. A party who is or may be adversely affected by a decision of a delegate of the board of county commissioners shall appeal the delegate's decision to the board of county commissioners within thirty days of the date of the delegate's decision. The board of county commissioners shall hear the appeal and shall render a decision within thirty days of the date the board receives notice of the appeal. Thereafter, the procedure for appealing the decision of the board of county commissioners set out in Subsection B of this section shall apply.
B. A party who is or may be adversely affected by a decision of the board of county commissioners may appeal to the district court pursuant to the provisions of Section 39-3-1.1 NMSA 1978.
History: 1953 Comp., § 70-5-15, enacted by Laws 1973, ch. 348, § 15; 1995, ch. 212, § 16; 1998, ch. 55, § 46; 1999, ch. 265, § 48; 2005, ch. 139, § 3.
ANNOTATIONSCross references. — For procedures governing administrative appeals to the district court, see Rule 1-074 NMRA.
The 2005 amendment, effective June 17, 2005, deleted the former qualification in Subsections A and B that appeals are from approving or disapproving a plat.
The 1999 amendment, effective July 1, 1999, substituted "Section 39-3-1.1" for "Section 12-8A-1" in Subsection B.
The 1998 amendment, effective September 1, 1998, rewrote this section to the extent that a detailed comparison is impracticable.
The 1995 amendment, effective July 1, 1996, deleted "or its delegate" following "commissioners" in Subsection A and in the introductory paragraph of Subsection C; substituted "preliminary or final plat" for "subdivision plat" in Subsection A; and added Subsection E.
A county's approval or disapproval of a preliminary plat is a final, appealable decision for purposes of Section 47-6-15 NMSA 1978. Zuni Indian Tribe v. McKinley Cnty. Bd. of Cnty. Comm'rs, 2013-NMCA-041, 300 P.3d 133.
A county's decision on a preliminary plat is appealable. — Where the county disapproved the applicant's preliminary plat in the form of a written resolution which incorporated the final findings and recommendations of the county planning commission; the resolution followed input by state agencies and other interested parties and public hearings before the planning commission; interested parties submitted proposed findings and recommendations after the hearings; and the findings and recommendations adopted by the county commission included important aspects of the subdivision development and review process, such as water availability, waste disposal and access, given the nature of the county commission's resolution and the procedural history that preceded its passage, the county commission's resolution constituted a "decision" under Section 47-6-15 NMSA 1978 and was appealable. Zuni Indian Tribe v. McKinley Cnty. Bd. of Cnty. Comm'rs, 2013-NMCA-041, 300 P.3d 133.
A timely filed appeal from a decision on a preliminary plat application is not rendered moot by the county's decision to approve the final subdivision plat application during the pendency of the appeal. Zuni Indian Tribe v. McKinley Cnty. Bd. of Cnty. Comm'rs, 2013-NMCA-041, 300 P.3d 133.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 83 Am. Jur. 2d Zoning and Planning § 1026.
62 C.J.S. Municipal Corporations § 228(4).