A. After the approval or conditional approval of a preliminary plat and prior to the expiration of such plat, the subdivider may prepare a final plat in accordance with the approved or conditionally approved preliminary plat.

B. The board of county commissioners shall not deny a final plat if it has previously approved a preliminary plat for the proposed subdivision and it finds that the final plat is in substantial compliance with the previously approved preliminary plat. Denial of a final plat shall be accompanied by a finding identifying the requirements that have not been met.

C. If, at the time of approval of the final plat, any public improvements have not been completed by the subdivider as required by the board of county commissioners pursuant to the New Mexico Subdivision Act or county subdivision regulations, the board of county commissioners shall, as a condition precedent to the approval of the final plat, require the subdivider to enter into an agreement with the county upon mutually agreeable terms to thereafter complete the improvements at the subdivider's expense.

History: Laws 1995, ch. 212, § 14.

Effective dates. — Laws 1995, ch. 212, § 34 made Laws 1995, ch. 212, § 14 effective July 1, 1996.

No vested rights. — Where a property owner purchased undeveloped property seventeen years after the board of county commissioners granted final plat approval; the owner was aware that the county considered the subdivision to be invalid and that the county had imposed a moratorium on development of the property to deal with a water emergency; and the conditions of plat approval had not been met, the owner's reliance on the validity of the subdivision was not reasonable and the owner did not have vested rights in the subdivision. Miller v. Board of Cnty. Comm'rs., 2008-NMCA-124, 144 N.M. 841, 192 P.3d 1218, cert. denied, 2008-NMCERT-008, 145 N.M. 254, 195 P.3d 1266.