Each application filed with the division for a permit under the provisions of Section 74-9-20 NMSA 1978 shall include documentary proof that the applicant has provided notice of the filing of the application to the public and other affected individuals and entities. The board shall adopt a regulation specifying the required content of the notice. The notice shall be:

A. provided by certified mail to the owners of record, as shown by the most recent property tax schedule, of all properties:

(1) within one hundred feet of the property on which the facility is located or proposed to be located if the facility is or will be in a class A or H class county or a municipality with a population of more than two thousand five hundred persons; or

(2) within one-half mile of the property on which the facility is located or proposed to be located if the facility is or will be in a county or municipality other than those specified in Paragraph (1) of this subsection;

B. provided by certified mail to all municipalities and counties in which the facility is or will be located and to the governing body of any county, municipality, Indian tribe or pueblo when the boundary of the territory of the county, municipality, Indian tribe or pueblo is within a ten mile radius of the property on which the facility is proposed to be constructed, operated or closed;

C. published once in a newspaper of general circulation in each county in which the property on which the facility is proposed to be constructed, operated or closed is located. This notice shall appear in either the classified or legal advertisements section of the newspaper and at one other place in the newspaper calculated to give the general public the most effective notice and, when appropriate, shall be printed in both English and Spanish; and

D. posted in at least four publicly accessible and conspicuous places, including the proposed or existing facility entrance on the property on which the facility is or is proposed to be located.

History: Laws 1990, ch. 99, § 22; 1993, ch. 172, § 1.

The 1993 amendment, effective June 18, 1993, changed the style of the statutory reference in the first sentence and substituted "the governing body of any county, municipality, Indian tribe or pueblo when the boundary of the territory of the county, municipality, Indian tribe or pueblo is" for "all municipalities and counties" in Subsection B.

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Failure to give proper notice. — Form of publication employed by the landfill did not substantially fulfill the statutory requirement of a single publication in which the notice appeared in both the legal/classified section and one other place calculated to give the general public the most effective notice; therefore, the administrative proceedings conducted subsequent to the landfill's defective notice were invalid. Martinez v. Maggiore, 2003-NMCA-043, 133 N.M. 472, 64 P.3d 499.

Standing. — Residents were proper persons to raise the landfill's failure to publish notice as required by Subsection C. Martinez v. Maggiore, 2003-NMCA-043, 133 N.M. 472, 64 P.3d 499.