A. Roads within a subdivision shall be constructed only on a schedule approved by the board of county commissioners. In approving or disapproving a subdivider's road construction schedule, the board of county commissioners shall consider:
(1) the proposed use of the subdivision;
(2) the period of time before the roads will receive substantial use;
(3) the period of time before construction of homes will commence on the portion of the subdivision serviced by the road;
(4) the county regulations governing phased development; and
(5) the needs of prospective purchasers, lessees and other persons acquiring an interest in subdivided land in viewing the land within the subdivision.
B. All proposed roads shall conform to minimum county safety standards.
C. The board of county commissioners shall not approve the grading or construction of roads unless and until the subdivider can reasonably demonstrate that the roads to be constructed will receive use and that the roads are required to provide access to parcels or improvements within twenty-four months from the date of construction of the road.
D. It is unlawful for the subdivider to grade or otherwise commence construction of roads unless the construction conforms to the schedule of road development approved by the board of county commissioners.
History: 1953 Comp., § 70-5-19, enacted by Laws 1973, ch. 348, § 19; 1981, ch. 148, § 5; 1995, ch. 212, § 20.
The 1995 amendment, effective July 1, 1996, inserted "and other persons acquiring an interest in subdivided land" in Paragraph A(5) and made minor stylistic changes.
Law reviews. — For annual survey of New Mexico law relating to property, see 12 N.M.L. Rev. 459 (1982).
Am. Jur. 2d, A.L.R. and C.J.S. references. — 83 Am. Jur. 2d Zoning and Planning §§ 518 to 528, 531 to 534, 564 to 567.
Constitutionality, construction, and application of statutes regulating the subdivision or development of land for sale or lease in lots or parcels, 122 A.L.R. 501.
Enforceability, by landowner, of subdivision developer's oral promise to construct or improve roads, 41 A.L.R.4th 573.
63 C.J.S. Municipal Corporations §§ 1042, 1044.
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