A. Each municipality shall have planning and platting jurisdiction within its municipal boundary. Except as provided in Subsection B of this section, the planning and platting jurisdiction of a municipality:

(1) having a population of twenty-five thousand or more persons includes all territory within five miles of its boundary and not within the boundary of another municipality; or

(2) having a population of fewer than twenty-five thousand persons includes all territory within three miles of its boundary and not within the boundary of another municipality.

B. A municipality located in a class A county with a population of more than three hundred thousand persons shall not have planning and platting jurisdiction in the unincorporated area of the county.

C. If territory not lying within the boundary of a municipality is within the planning and platting jurisdiction of more than one municipality, the planning and platting jurisdiction of each municipality shall terminate equidistant from the boundary of each municipality unless one municipality has a population of fewer than two thousand five hundred persons and another municipality has a population of more than two thousand five hundred persons according to the most recent census. Then the planning and platting jurisdiction of the municipality having the greatest population extends to such territory.

History: 1953 Comp., § 14-18-5, enacted by Laws 1965, ch. 300; 1966, ch. 64, § 5; 1998, ch. 42, § 3; 2003, ch. 438, § 3.

Cross references. — For Regional Planning Act, see 3-56-1 NMSA 1978.

The 2003 amendment, effective July 1, 2003, rewrote Subsection B.

The 1998 amendment, effective May 20, 1998, inserted "Except as provided in Subsection B of this section" at the beginning of the second sentence in Subsection A, added Subsection B, and redesignated former Subsection B as C.

Failure to obtain approval of mobile home park development. — Since the developers of a mobile home park did not apply for permission from both the county and the village before commencing construction, they failed to satisfy the requirements for establishing the legality of the property's use. Sandoval Cnty. Bd. of Comm'rs v. Ruiz, 1995-NMCA-023, 119 N.M. 586, 893 P.2d 482).

A city has no zoning authority beyond its corporate limits. City of Carlsbad v. Caviness, 1959-NMSC-089, 66 N.M. 230, 346 P.2d 310.

Approval required prior to filing. — No map, plat or plan of any territory within five miles of the corporate limits can be filed until it is approved by the city's planning commission. The obvious purpose of such a rule is to provide for the orderly development of suburban property surrounding the city which in the future might be annexed by the city of Albuquerque. 1958 Op. Att'y Gen. No. 58-245.

Law reviews. — For note, "County Regulation of Land Use and Development," see 9 Nat. Resources J. 266 (1969).

For article, "Existing Legislation and Proposed Model Flood Plain Ordinance for New Mexico Municipalities," see 9 Nat. Resources J. 629 (1969).

Am. Jur. 2d, A.L.R. and C.J.S. references. — Outside municipal limits, validity, construction and application of statutes, and regulations adopted thereunder, regarding county planning or zoning, or planning or zoning in territory outside municipal limits, 131 A.L.R. 1055.

62 C.J.S. Municipal Corporations § 76.