Spanish and Mexican community land grants-mercedes that are governed by the General Provision found in §49-1-1 NMSA 1978 have the authority to zone their common lands provided that they develop a comprehensive plan that is approved by the Department of Finance and Administration Local Government Division (DFA-LGD). Zoning authority allows the land grant-merced to establish the appropriate land use for the development of the common lands apart from any land use restrictions established by the county or local municipal government.
A comprehensive plan is a long-range strategic planning document created to help a land grant-merced utilize, manage and develop the common lands. Comprehensive plans typically cover a period of 20 years and are updated every 5 years. Comprehensive plans inventory and evaluate the existing conditions within a land grant –merced including natural resources, infrastructure, demographics, housing, and community and economic develop needs. The plan then establishes goals, objectives and policy statements for addressing issues facing the land grant-merced. The plan should provide strategies for managing and utilizing the natural resources owned by the land grantmerced to help realize goals developed in the plan. The plan should also identify all types of land uses desired by the land grant-merced community and where they believe those types of uses would be most appropriately located on the common lands. This information can be used to create a desired land use map and both the map and the desired uses can be utilized as the starting point for developing a zoning ordinance for the land grant-merced. DFA-LGD requires certain elements be included in all comprehensive plans. It is important to understand what those elements are, since a land grant-merced must get approval of their comprehensive plan from DFA-LGD prior to enacting their authority to zone the common lands. The following is a list comprehensive planning elements required by DFA-LGD:
1. Land Use – including (1) an analysis and mapping of existing land patterns and an inventory of the amount, type and intensity of uses by land category, as well as an analysis of effects of various land use patterns on greenhouse gas emissions; (2) an analysis of trends in the supply and demand of land by land use category, including a projection of the distribution, location and extent of future land uses by land use category over a twenty-year period; (3) goals, objectives, and policies that address maintaining a broad variety of land uses, including the range of uses existing when the plan is adopted or amended; and (4) specific actions and incentives that the local government entity may use to promote planned development, reduction in greenhouse gas emissions, or otherwise encourage certain identified development patterns and the locations where such
development patterns should be encouraged.
2. Housing – including (1) an analysis of existing housing supply and demand, analysis of greenhouse gas emissions from the housing sector, and forecasted housing needs; (2) goals, objectives and policies for the improvement of housing quality, variety and affordability, for reduction of greenhouse gas emissions, and for provision of adequate sites for housing and housing opportunities for all segments of the community; (3) a description of the actions that will be taken to implement housing goals, objectives and policies; and (4) the element must meet minimum standards of the Affordable Housing Act.
3. Transportation – including (1) description and assessment of the location, type, capacity and condition of existing transportation facilities, such as freeways, mass transit, arterial and collector streets or other modes of transportation as may be appropriate, and analysis of greenhouse gas emissions from the transportation sector; (2) goals, objectives and policies for encouraging safe, convenient, efficient and economical transportation, including facilities for bicyclists and pedestrians, for reduction of greenhouse gas emissions, and a description of proposed levels of service and funding mechanisms; and (3) a description and assessment of the proposed location, type and capacity of proposed transportation facilities designed to implement transportation goals, objectives and policies and a description of funding mechanisms that will be used to fund proposed transportation improvements.
4. Infrastructure – including (1) a description and assessment of the location, type, capacity and condition of existing infrastructure, including emergency services, sewage, drainage, local utilities and other types of facilities; (2) goals, objectives and policies for promoting the efficient provision of infrastructure, including a description of proposed levels of service; and (3) a description and assessment of proposed facility expansion and improvements designed to support planned uses and implement infrastructure goals, objectives and policies.
5. Economic Development – including (1) a description of existing job composition and trends by industry and location characteristics, such as access to transportation or proximity to natural or human resources, that influence the economic development potential of the local government entity, and analysis of greenhouse gas emissions from the commercial and industrial sectors; (2) goals, objectives and policies for promoting economic development, and for reduction of greenhouse gas emissions; and (3) a description of the actions that the contracting agency will take to implement economic development goals, objectives and policies.
6. Water – including (1) description and assessment of the sources of water supply; (2) the demand for water by residential commercial, institutional, industrial and recreational sectors; (3) assessment of the unaccounted for water losses due to leaks, theft or other reasons; (4) goals, objectives and policies for promoting the efficient use of water and for managing periods of drought; and (5) an analysis of the demand for water that will result from future growth projected in the plan, when added to existing uses, and how the demand for water that will result from future projected growth will be served by current water supplies, water conservation, water reuse, or a plan to obtain additional water supplies or increase water use efficiencies.
7. Hazards – including (1) an analysis of the risks of hazards such as wildfire, floods, extreme weather conditions, accidents, and terrorism; (2) goals, objectives and policies for hazard mitigation; and (3) a description of the actions that will be taken to mitigate hazards; and
8. Implementation – a compilation of the plan’s goals, objectives, policies, standards, and/or guidelines, along with specific actions to be completed in a stated sequence, which start with adoption of the comprehensive plan by ordinance. A land grant-merced comprehensive plan can include more elements then those listed above, such as community development, natural resource management and capital needs, but it must at a minimum include the elements required by DFA-LGD. Once a community land grant-merced has adopted a comprehensive plan it is approved by DFA-LGD, the board of trustees may choose to adopt zoning regulations that correspond to the land use recommendations in the comprehensive plan. A zoning ordinance defines what types of activities can take place on a piece of land and what types of activities are not allowed. A zoning ordinance should separate incompatible uses such as placing industrial and residential use adjacent to each other.
A land grant-merced comprehensive plan can include more elements then those listed above, such as community development, natural resource management and capital needs, but it must at a minimum include the elements required by DFA-LGD.
Once a community land grant-merced has adopted a comprehensive plan it is approved by DFA-LGD, the board of trustees may choose to adopt zoning regulations that correspond to the land use recommendations in the comprehensive plan. A zoning ordinance defines what types of activities can take place on a piece of land and what types of activities are not allowed. A zoning ordinance should separate incompatible uses such as placing industrial and residential use adjacent to each other.
