Applicability.
Certain land divisions are not deemed subdivisions under New Mexico law (NMSA 1978, section 47-6-2) and therefore are not subject to the subdivision requirements of this Chapter. Such divisions are referred to as land divisions and subdivision exemptions and are listed in the Land Divisions and Subdivision Exemptions Section, below. Regardless of being exempted from subdivision requirements, these land divisions and subdivision exemptions remain subject to all other provisions of the SLDC and therefore require review and approval of a final plat by the Administrator and shall be required to comply with the requirements of final plats and all applicable design standards of
CHAPTER 7: SUSTAINABLE DESIGN STANDARDS. The applicable procedures for review and approval of exempt land divisions are set forth in
Table 4-1.
Approval Criteria.
No discretionary or ministerial development approval shall be granted for any exempt land division until it is demonstrated that all resulting tracts, parcels or lots meet all applicable sections of SLDC including the requirements of the zoning district in which they are located.
Land Divisions and Subdivision Exemptions.
The following land divisions and plats shall not be deemed subdivisions and are exempt from the imposition of subdivision requirements of this Chapter:
Lot Line Adjustment.
A lot line adjustment is and means the division of land resulting only in the alteration of parcel boundaries where parcels are altered for the purpose of increasing or reducing the size of contiguous parcels and where the number of parcels is not increased. A lot line adjustment shall be administratively reviewed and approved by the Administrator.
Family Transfer.
A division of land to create a parcel that is sold or donated as a gift to an immediate family member. A donor may sell or give no more than one parcel per tract of land per immediate family member without having to comply with the subdivision regulations set forth in this Chapter and the New Mexico Subdivision Act, NMSA 1978, section 47-6-1 et seq.
Large Agricultural Tracts.
A sale, lease or other conveyance of any parcel that is thirty-five (35) acres or larger in size within any twelve-month period, provided that the land has been used primarily and continuously for agricultural purposes, in accordance with NMSA 1978, section 7-36-20, for the preceding three years.
Apartments or Offices. A sale or lease of apartments, offices, stores or similar spaces within a building.
Land Divisions within Municipalities. A division of land within the boundaries of a municipality.
Severance of Mineral Interests.
A division of land in which only gas, oil, mineral or water rights are severed from the surface ownership of the land; however, oil and gas exploration and production is otherwise regulated by Ordinance No. 2008-19 [Title XV, Exhibit B of the Code of Ordinances].
Court Ordered Divisions. A division of land created by court order where the order creates no more than one parcel per party.
Grazing or Farming. A division of land for grazing or farming activities; provided the land continues to be used for grazing or farming activities.
Burials. A division of land to create burial plots in a cemetery.
Security Interests. A division of land created to provide security for mortgages, liens or deeds of trust; provided that the division of land is not the result of a seller-financed transaction.
Large Parcels. A sale, lease or other conveyance of land that creates no parcel smaller than one hundred forty (140) acres.
Certain Donations.
A division of land to create a parcel that is donated to any trust or nonprofit corporation granted an exemption from federal income tax, as described in section 501(c)(3) of the United States Internal Revenue Code of 1986, as amended; school, college or other institution with a defined curriculum and a student body and faculty that conducts classes on a regular basis; or church or group organized for the purpose of divine worship, religious teaching or other specifically religious activity.
Single Parcels in Less than Five-Year Increments.
A sale, lease or other conveyance of a single parcel from a tract of land, except from a tract within a previously approved subdivision, within any five-year period; provided that a second or subsequent sale, lease or other conveyance from the same tract of land within five years of the first sale, lease or other conveyance shall be subject to the provisions of the New Mexico Subdivision Act and the SLDC; provided further that a survey shall be filed with the county clerk indicating the five-year holding period for both the original tract and the newly created tract.
Boundary Plat. The graphic representation and legal description of a parcel, lot or tract of land.
Consolidation Plat. The graphic representation and legal description of a merger, incorporation or consolidation of two or more parcels, lots or tracts of land.
Easement Plat. The graphic representation and legal description of an easement on a parcel, lot or tract of land.
Plat Amendment. A minor change or correction on a plat.
Sending Area Plat. A plat that designates a sending area conservation area for TDR purposes.
