No person shall divide or subdivide any tract, parcel or lot of land without making and recording a final plat and complying fully with the requirements of the SLDC. No land within the jurisdiction of the County may be divided through the use of any legal description other than with reference to a final plat approved in accordance with the SLDC.

No person shall sell, lease or transfer ownership of any tract, parcel or lot of land by reference to a plat or subdivision map before a final plat has been duly recorded with the County Clerk.

The County Clerk shall not file or record any final plat or deed that divides or subdivides land until it has been approved in a development order in accordance with this Chapter. The County Clerk shall not file or record any condominium declaration absent certification of the Administrator that the provisions of this Chapter have been met.

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.

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.

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.

A sale or lease of apartments, offices, stores or similar spaces within a building.

A division of land within the boundaries of a municipality.

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].

A division of land created by court order where the order creates no more than one parcel per party.

A division of land for grazing or farming activities; provided the land continues to be used for grazing or farming activities.

A division of land to create burial plots in a cemetery.

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.

A sale, lease or other conveyance of land that creates no parcel smaller than one hundred forty (140) acres.

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.

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.

The graphic representation and legal description of a parcel, lot or tract of land.

The graphic representation and legal description of a merger, incorporation or consolidation of two or more parcels, lots or tracts of land.

The graphic representation and legal description of an easement on a parcel, lot or tract of land.

A minor change or correction on a plat.

A plat that designates a sending area conservation area for TDR purposes.

In the case of major subdivisions, the procedure shall include two principal steps: (i) preliminary plat approval and (ii) final plat approval. In addition to the above, all major subdivisions creating more than 24 lots and any phased major subdivision shall be required to submit a conceptual plan.

In the case of minor subdivisions creating no more than five (5) lots, the procedure shall include administrative approval of the final plat in a single step known as summary review. The final plat for minor subdivisions creating over five (5) lots will be approved by the Board. Preliminary plat review is not required for minor subdivisions.

the minor subdivision plat conforms to the final plat requirements of Section 5.8.4;

the applicant can fulfill the proposals contained in the subdivision disclosure statement required by Section 5.13; and

the subdivision conforms with the New Mexico Subdivision Act and the applicable provisions of the SLDC.

A proposed disclosure statement consistent with NMSA 1978, section 47-6-17;

All documentation required by NMSA 1978, section 47-6-11 and by the SLDC for the purpose of demonstrating:

For Subdivisions connecting to the County Utility, a public utility or publicly-regulated water or wastewater system, a ready willing and able letter of commitment to serve for domestic and fire protection purposes and a water allocation approval from the utility shall be provided prior to preliminary plat approval by the Board. If the County utility will provide water, the water allocation must be in the form of a resolution by the Board.

The application shall contain adequate information to assure the Board that the legal owner is participating in the development approval process and consents thereto, and authorizes County access to the subject property for site inspection purposes.

The application shall provide proof that all taxes due on the property have been paid in full. Applicants should be aware that NMSA 1978, section 7-38-44.1, which was enacted into law and became effective on April 2, 2013, amended the Property Tax Code. That amendment requires a taxpayer to pay the taxes, penalties and interest due on real property divided or combined through the taxable year in which the property is divided or combined prior to filing a plat. The amendment also provides for a county assessor to determine the tax rate and amount of taxes due on such property and requires the assessor to proceed to immediately collect those taxes, penalties, interest and fees determined to be due for the taxable year in which the property is divided or combined.

The application shall provide proof of legal access to the property.

In determining whether an applicant can fulfill the requirements of the SLDC and whether the required findings can be made, the Administrator shall, within ten (10) days after the preliminary plat approval application is deemed complete, request opinions from the following reviewing entities which shall have thirty (30) days from the date of the request to review the application is received and provide an opinion to the Administrator:

If, in the opinion of each appropriate public agency or Indian nation, tribe or pueblo, the applicant can fulfill the requirements of Section 5.7.5.1, the Board shall weigh these opinions in determining whether to approve the preliminary plat at a public hearing to be held in accordance with NMSA 1978 section 47-6-14.

If, in the opinion of the appropriate public agency or Indian nation, tribe or pueblo, an applicant cannot fulfill the requirements of Section 5.7.5.1 or, if the appropriate public agency or Indian nation, tribe or pueblo does not have sufficient information upon which to base an opinion on any one of these subjects, the applicant shall be notified of this fact by the Administrator. If the appropriate public agency or Indian nation, tribe or pueblo has rendered an adverse opinion, the Administrator shall provide a copy of the opinion to the applicant. The Administrator shall give the applicant thirty (30) days from the date the applicant is notified of the deficiencies to submit additional information to the public agency or the Indian nation, tribe or pueblo through the Administrator. The public agency or the Indian nation, tribe or pueblo shall have thirty (30) days from the date the additional information is received to change its opinion or issue a favorable opinion when it has withheld one because of insufficient information. No more than thirty (30) days following the date of the expiration of the thirty-day period, during which the public agency or the Indian nation, tribe or pueblos reviews any additional information submitted by the applicant, the Board shall hold a public hearing in accordance with NMSA 1978, § 47-6-11 to determine whether to approve the preliminary plat. Where the public agency has rendered an adverse opinion, the applicant shall have the burden of showing that the adverse opinion is incorrect either as to factual or legal matters. Where the Indian nation, tribe or pueblo has rendered an adverse opinion, the applicant may submit additional information to the Board. If a public agency disagrees with an adverse opinion rendered by an Indian nation, tribe or pueblo, that agency shall submit a response to the Board.

A quasi-judicial public hearing on the preliminary plat application shall be conducted within thirty (30) days from the receipt of all requested public agency opinions where all such opinions are favorable, or within thirty (30) days from the date of receipt of a revised opinion following review of any additional information submitted by the applicant pursuant to NMSA 1978, section 47-6-11. If the Board does not receive a requested opinion within the thirty-day period specified in Section 5.7.5.1, the Board shall proceed. The hearing shall be conducted in accordance with the provisions of NMSA 1978, section 47-6-14 and the SLDC.

At the hearing on the application, the Board shall:

Not more than thirty (30) days after the conclusion of the public hearing the Board shall approve, approve with conditions, or disapprove the application by approving its findings of fact and conclusions of law at a public meeting of the Board. A development order shall be issued to reflect the Board’s action. The thirty (30) day period may be extended by mutual consent of the parties.

The applicant may withdraw its application at any time prior to the Board’s determination by submitting a written notice of withdrawal to the Administrator. Reapplication will thereafter be subject to the applicable provisions of the SLDC.

the proposed subdivision conforms to all provisions of the SLDC;

the applicant can fulfill the requirements of Section 5.7.3.2;

the applicant can fulfill all of the proposals contained in its disclosure statement; and

the subdivision will conform to the New Mexico Subdivision Act.

protection of environmentally sensitive, archaeological, cultural and historic lands;

prevention of air and water pollution;

provision of adequate public facilities and services;

mitigation of traffic congestion;

avoidance of negative fiscal impacts; and

ensuring sustainability.

Minor amendments may be approved by the Administrator without a public hearing and without the filing of a new preliminary plat. Minor amendments are limited to the following:

No minor amendment authorized by this Section may cause any of the following:

Any change to an approved preliminary plat other than those set forth in this Section shall constitute a major amendment that shall be processed the same as the original preliminary plat, including the requirement of Board approval.

Final plat documents shall be prepared as specified in this Section 5.8. In accordance with NMSA 1978, section 47-6-3, the final plat shall:

The final plat shall:

The Board shall approve, conditionally approve or reject the application for final plat at a public meeting within thirty (30) days after the application is deemed complete by the Administrator pursuant to Section 4.4.6.

If the Board does not act on a final plat application within the required period of time, the applicant shall give the Board written notice of its failure to act. If the Board fails to approve or reject the final plat within thirty (30) days after that notice, the Board shall, upon written demand from the applicant, issue a certificate stating that the final plat has been approved.

The Board 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 approved preliminary plat. However, the Board shall not issue a development order approving a final plat unless and until:

The Board may introduce conditions or mitigation requirements not a part of the preliminary plat only upon finding that:

Approval of the final plat by the Board shall not be deemed to constitute acceptance of any offer of dedication, or deposit of any deed or grant of easement until all improvements have been constructed and satisfactorily completed by the developer in accordance with the development order approving the final plat, the approved construction plans and any development or subdivision improvement agreement entered into.

A denial of a final plat by the Board shall be accompanied by a finding identifying the requirements that have not been met.

the failure to commence the development within three years after approval,

the failure to have completed 25% of the development within four years after approval,

the failure to have completed 50% of the development within five years after approval,

the failure to have completed 75% of the development within six years after approval; or

the failure to have completed 100% of the development within seven years after final development approval.

All primary subdivision boundary corners and the intersections of road centerlines shall be marked with permanent monuments at that point or if necessary with an offset marking.

A permanent monument shall be concrete with a brass or aluminum cap. The concrete monument shall be a minimum of six (6) inches in diameter and shall be extended thirty (30) inches below the finished grade.

Any described mark shall be permanently affixed to rock or concrete through the use of an expansion bolt, set in a drilled hole with a ferrous metal rod (rebar or pipe) of a minimum length of forty-eight (48) inches, a survey post approved by the Bureau of Land Management, or any monument of higher standards.

Secondary monuments may be rebar, pipe or other metal rod, not less than 1/2" diameter and 16" in length with surveyor’s registration number on cap which may be aluminum, plastic, brass or comparable material. Secondary monuments shall be set at all lot corners, points of curve and boundary angle points.

Roads within a subdivision shall be constructed only on a schedule approved by the Board. In approving or disapproving an applicant’s road construction schedule, the Board shall consider:

All proposed roads shall conform to minimum safety and design standards established in Chapter 7.

The Board shall not approve the grading or construction of roads unless and until the applicant 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 (24) months from the date of construction of the road.

It is unlawful for the applicant to grade or otherwise commence construction of roads unless the construction conforms to the schedule of road development approved by the Board.

Before approving an application for approval of a final plat pursuant to this Chapter, the Administrator shall ensure that the Board has approved the schedule of road development. Failure to obtain Board approval of the schedule shall mean that the application shall not be deemed complete.

Construction plans shall be submitted to the Administrator along with the application.

All required improvements shall be constructed in accordance with the applicable requirements of Chapter 7 and any applicable design and improvement standards required by federal or state agencies, public or private utilities, schools, assessment or public improvement districts or other applicable entities.

The Administrator shall review construction plans for compliance with the preliminary plat, the SLDC, and other applicable requirements, and may consult with the TAC on technical matters.

All installations of improvements and all construction shall substantially conform to the approved construction plans. If the applicant chooses to make minor modifications in the construction plans’ specifications after the recording of the final plat and during construction, such changes shall be made only with the written approval of the Administrator.

It shall be the responsibility of the applicant to notify the Administrator in advance of any substantial changes to be made from the approved specifications or drawings.

In the event that actual construction work substantially deviates from that shown on the approved construction plans, and such deviation was not approved in advance by the Administrator, the applicant may be required to correct the installed improvements to conform to the approved construction plans. In addition, the Administrator may take such other actions as deemed appropriate, including, but not limited to, recommending revocation or suspension of development approvals already issued or withholding of future development approvals.

Prior to final inspection of the required improvements, and prior to the issuance of any ministerial development approval for any tract, parcel or lot in the subdivision, the applicant shall submit to the Administrator a digital disk and two prints of as-built engineering drawings for each of the required improvements that have been completed. Each set of drawings shall be recertified by the applicant’s professional engineer, indicating the date when the as-built survey was made.

As-built drawings shall show the constructed vertical elevation, invert elevation, horizontal location and size of all sanitary and storm sewers; rainwater capture swales, pervious pavements, filtering and treatment facilities; manholes, inlets, junction boxes, detention basins, and other appurtenances or elements of the sewerage and storm drainage systems constructed to serve the subdivision. Sewer and storm drain lines shall be videotaped and a copy of the videotape shall be provided with the as-built drawings. Copies of any and all test results or other investigations shall be provided to the Administrator.

As-built drawings shall depict water lines, valves, fire hydrants, and other appurtenances or elements of the water distribution system constructed to serve the project. Such information shall include the horizontal location and size of water lines and the location and description of valves with dimensional ties. Copies of any and all test results or other investigations shall be provided to the Administrator.

As-built drawings shall depict the location, road right-of-way, width, materials and vertical elevation.

As-built drawings shall show all control points and monuments.

site grading/erosion control and stormwater management completion;

prior to permanent burial of underground utility or other public improvement installations;

prior to aggregate base installation;

prior to curb and gutter or swale installation;

prior to binder placing; and

prior to final porous material surfacing prior to seal coat.

Approval of the installation and construction of improvements shall not constitute acceptance by the County of the improvements or offers of dedication. The installation of improvements in any subdivision shall in no case serve to bind the County to accept such improvements for maintenance, repair, or operation thereof. Such acceptance shall be subject to the requirements of the SLDC and applicable statutes concerning the acceptance of each type of improvement and any offer of dedication, deed or easement. Subdivision approval does not impose on the County any duty regarding operation, maintenance or improvement of any dedicated lands or improvements parts until the Board adopts a resolution or ordinance formally accepting the dedication. Denial of subdivision approval shall be considered a refusal by the Board to accept a dedication indicated on the plat.

The County shall not have title to or responsibility for any improvements until the improvements have been accepted as provided in this Subsection.

When improvements have been constructed in accordance with the standards and requirements of the SLDC, the conditions of approval in the final plat development order, the adopted development and subdivision improvement agreements, and approved as-built plans, the Administrator shall place the acceptance of the improvements and land dedications on the regular agenda of the Board, which may accept, reject or accept with conditions the dedication of the land and improvements.

The provisions in Section 5.10.4.1 shall not relieve the applicant or the applicant’s contractor of any responsibility for notifying the Administrator or other governmental entity, public or private utility, school, assessment or public improvement district of the completed work accompanied by a formal request for inspection of same, prior to acceptance. The Administrator and other approving authorities having jurisdiction shall inspect and approve all completed work prior to the release of any escrow funds, payment and performance bonds, letters of credit or other sureties.

declare the agreements and final plat approval to be in default and require that all public improvements be installed regardless of the extent of completion of the development at the time the agreements are declared to be in default;

obtain the escrow funds deposited for security, enforce the performance and payment surety bond or letter of credit and complete the public improvements by the County or through a third party contractor;

assign the County’s right to receive funds pursuant to the deposit of escrow funds, any performance and payment bond or letter of credit, in whole or in part to any third party, in exchange for an agreement of the third party to provide a new performance and payment bond, escrow funds or a letter of credit in sufficient amount to complete the required public improvements; or

exercise any other rights available under the SLDC, the voluntary development agreement, the subdivision improvement agreement and state law.

a part of a previous subdivision that has been created in the preceding seven (7) year period; or

any land retained by an applicant after creating a previous subdivision when the previous subdivision was created in the preceding seven (7) year period.

Any final plat filed in the office of the county clerk may be vacated, or a portion of the final plat may be vacated, if:

The owners of all or a portion of the lots in any approved subdivision or land division, may initiate a plat vacation by filing an application with the Administrator. The application shall include the acknowledged statement required by Section 5.11.2.1. The application requesting vacation of the plat and an application requesting a re-subdivision of the plat may be filed concurrently.

Upon the execution and recording of the vacating instrument, the plat shall be vacated. The rights of any utility existing prior to the vacation, total or partial, of any final plat are not affected by the vacation of a final plat. The re-subdivision of the land covered by a plat that is vacated shall be governed by the SLDC.

The development order declaring the vacation and the vacation plat shall be recorded in the manner prescribed for the approval and recording of the original final plat. The County Clerk shall write legibly on the vacated plat the word “vacated” or the phrase “partially vacated” and shall enter on the plat a reference to the volume and page at which the vacating instrument is recorded.

A final plat may be amended for one or more of the following reasons:

An applicant wishing to amend an approved final plat shall file with the Administrator the amendment plat, together with a copy of the final plat being amended and a statement detailing the basis for the amendments being proposed.

The amendment plat shall be processed by the Administrator in the same manner as a minor subdivision. If the plat being amended has been recorded, the amendment plat shall be clearly marked as follows: Amending plat of (name of development). This plat amends the plat previously recorded in the County Clerk’s records of Santa Fe County, at __________ (INSTRUMENT NUMBER) and __________ (BOOK AND PAGE).

The amendment plat shall be recorded as in the manner prescribed for the approval and recording of the original final plat. The County Clerk shall write legibly on the original final plat the word “amended” and shall enter on the final plat a reference to the volume and page at which the amendment plat is recorded. Once recorded, the amendment plat is controlling over the original final plat.

not misrepresent or contain false or misleading statements of fact;

not describe deeds, title insurance or other items included in a transaction as “free” and shall not state that any parcel is “free” or given as an “award” or “prize” if any consideration is required for any reason;

not describe parcels available for “closing costs only” or similar terms unless all such costs are accurately and completely itemized or when additional parcels must be purchased at a higher price;

not include an asterisk or other reference symbol as a means of contradicting or substantially changing any statement;

if subdivision illustrations are used, accurately portray the subdivision in its present state, and if illustrations are used portraying points of interest outside the subdivision, state the actual road miles from the subdivision;

not contain artists’ conceptions of the subdivision or any facilities within it unless clearly described as such and shall not contain maps unless accurately drawn to scale with the scale indicated;

not contain references to any facilities, points of interest or municipalities located outside the subdivision unless the distances from the subdivision are stated in the advertisement in actual road miles; and

refer to where the applicant’s disclosure statement may be obtained.

the required disclosure statement has been filed with the county clerk, the Board and the attorney general’s office; and

the prospective purchaser, lessee or other person acquiring an interest in the subdivided land has been given a copy of the disclosure statement.

the final plat has been approved by the Board and has been filed with the Santa Fe County Clerk. Where a subdivision lies in more than one county, the final plat shall be approved by the board of county commissioners of each county in which the subdivision is located and shall be filed with the county clerk of each county in which the subdivision is located;

the applicant has furnished the Board a sample copy of his sales contracts, leases and any other documents that will be used to convey an interest in the subdivided land; and

all corners of all parcels and blocks within a subdivision have been permanently marked with metal stakes in the ground and a reference stake placed beside one corner of each parcel.