Planning Statutory Reform in New Mexico
Lora A. Lucero, Esq., AICP	© & Author Info

Abstract

New Mexico is struggling under a planning statutory framework which was arguably obsolete when it was adopted in the 1960s. (1) There have been numerous attempts to tinker with it over the years, some successful and some not. However, there has never been an attempt to review the entire planning statutory scheme and make a comprehensive reform — until now. This paper describes some of the recent steps taken and advances some ideas for building a constituency that will push the reform forward in the future. The public has to create the parade for statutory reform which will spark the interest and commitment of leaders and elected officials to run to the front of the line and lead the parade. (2)

Introduction

Until relatively recently, our chapter of 300+ members has not been involved in the state’s legislative process. We first dipped our toes into those murky waters in 1995 when NM-APA played an instrumental role, along with the Attorney General’s Office and the New Mexico Association of Counties, in drafting and advocating important reforms to the New Mexico Subdivision Act. (3) NM-APA assisted the Attorney General’s Office in drafting the legislation, organized support from around the state for the reform, provided expert testimony to legislative committees, built alliances with diverse groups interested in the reform, and assisted the sponsor during negotiations with the development community. Although the subdivision reform was considered by most veteran observers of the Legislature to be DOA when it was first introduced, NM-APA surprised itself and everyone else, when the reform was passed and signed into law. (4)

In 1996, NM-APA took a stab at drafting its own piece of legislation in the hopes of keeping and building the momentum from the previous year’s success.

" JOINT MEMORIAL REQUESTING THE LOCAL GOVERNMENT DIVISION OF THE DEPARTMENT OF FINANCE AND ADMINISTRATION TO CONDUCT A COMPREHENSIVE STUDY OF THE COSTS OF GROWTH AND EVALUATION OF GROWTH MANAGEMENT ALTERNATIVES.

WHEREAS, New Mexico is the sixth fastest-growing state in the country with a three and two-tenths percent population increase from 1993 to 1994; and

WHEREAS, growth and development provide opportunities and challenges for the future of the land of enchantment; and

WHEREAS, many of our decision affecting growth and development are fragmented, inconsistent and contradict economic development and other community-wide goals; and

WHEREAS, piecemeal and fragmented development decisions engender unintended costs to the state and local government treasuries and unintended consequences that are long-term and often irreversible; and

WHEREAS, growth changes our communities forever, imposing economic, social and environmental costs for all New Mexicans; and

WHEREAS, coordinated planning can address the effects of growth, maximizing its benefits and minimizing its costs, while balancing the interests of rural and urban communities, public and private sectors and new and ancient cultures; and

WHEREAS, planning and cooperation for quality development can integrate social values, market values and ecological values to guide us toward a healthy and sustainable future;

WHEREAS, planning is critical to protecting property values, preventing nuisances and reducing public costs; and

WHEREAS, New Mexico’s planning and zoning statutes were first enacted in 1965 and have not been substantially revised since then;

NOW, THEREFORE, BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO that the local government division of the department of finance and administration be requested to perform a comprehensive evaluation of the costs and benefits of economic development related to population growth; and

BE IT FURTHER RESOLVED that the following areas be specifically evaluated:

BE IT FURTHER RESOLVED that the local government division of the department of finance and administration be requested to consult with and actively seek input from members of the New Mexico homebuilders association, the New Mexico chapter of the national association of industrial and office properties, one thousand friends of New Mexico, the New Mexico chapter of the American planning association, the New Mexico association of counties, agricultural associations, real estate-related groups and others interested in land use and planning policy; and

BE IT FURTHER RESOLVED that the local government division of the department of finance and administration be requested to report its findings and recommendations to the appropriate interim legislative committee......"

NM-APA and 1000 Friends of New Mexico were the primary advocates of this Memorial, using it as a vehicle to keep growth and planning in the minds of the legislators. The Memorial passed with very little controversy. (5) The big surprise came when the Local Government Division (LGD) took this Memorial (without any appropriation attached to it) and decided to allocate the resources and staff time necessary to undertake a serious and well-documented study of the costs of growth. The final product, "Growth in New Mexico: Impacts and Options" is perhaps one of the most thorough examinations of the fiscal impacts of sprawl development. (6) The bottom line, New Mexico has a $14 Billion infrastructure gap which will only grow larger unless we grow smarter.

In 1997, NM-APA decided it was time to formalize its ad hoc legislative subcommittee and proposed an amendment to the Chapter’s bylaws which made the Legislative Policy Action Committee (LPAC) a standing committee of the Chapter. (7) LPAC is charged with both educating and lobbying for important planning legislation. LPAC currently has twelve members, in addition to the Executive Committee members who often attend deliberations of the LPAC.

In the spring of 1998, LPAC members drafted four policy guides for NM-APA. (8)The purpose of these policy guides was to build consensus among the NM-APA membership about our legislative priorities and to provide a tool with which to measure legislation that might be introduced in the state legislature. There was considerable discussion, revision and more discussion among LPAC members before we felt these policy guides were ready for review by the NM-APA membership. In retrospect, the process of drafting and revising the policy guides was a tremendous educational experience for all LPAC members. LPAC presented the draft policy guides to the NM-APA membership at the annual meeting in October 1998 and asked Vivian Kahn, AICP (Chair of the National APA Legislative Policy Committee) to moderate the discussion. With minor amendments, the four policy guides were adopted by the NM-APA membership.

A big challenge in any attempt to reform the state planning enabling acts is effective communication. NM-APA felt it had accomplished the first step in communication by adopting a policy guide which directly addressed the framework for the reform. This first step was no easy feat because there are differences of opinions even among our membership about the direction that should be taken with the reform. LPAC provides a method for education and harmonizing these different perspectives. When our lobbyist stands before a legislative committee and communicates the position of NM-APA, he or she now speaks for the entire membership as reflected through the adoption of these policy guides (9).

In addition to communicating effectively with its membership, NM-APA must find an effective way to communicate with the members of the Legislature. We’re still testing these waters, but we’ve had some successes. The least effective way of communicating with the Legislature is probably during a committee hearing. Hundreds, if not thousands, of pieces of legislation are tumbling through the bill-making process in a frenzy of activity during our 30-60 day legislative session. Elected representatives usually don’t have the time or the attention span to focus on a specific bill for more than a sound-bite. Catching a legislator on the run to discuss a particular bill can also be dangerous for your health!! So NM-APA has prepared short (1-2 pages) bill analyses which we drop off at the legislators’ offices. Occasionally, we’ll meet with a particular legislator before a committee hearing if we know that individual is sitting on the fence or has specific questions about a bill. However, we have found the most effective way to communicate with a legislator is to have a constituent from his or her own district write/call/fax about the bill. NM-APA is experimenting with the most effective means of notifying planners from different districts in order to engage their participation in the communication network.

NM-APA is also holding its first PLANNERS DAY AT THE ROUNDHOUSE (10) on March 1, 1999. NM-APA is inviting other organizations interested in statutory reform to set up tables in the rotunda with us and talk with the public and legislators about planning. (11) We will be joined by graduate planning students and spend the day learning how to effectively "talk" about planning. NM-APA has prepared a brochure -- "SMART GROWTH: New Mexico’s Future" to distribute that day in direct response to a brochure prepared by the Central New Mexico Homebuilders Association about private property rights.

Special interest groups are another important sector to communicate with about planning statutory reform. There are a number of such groups now active in New Mexico and NM-APA has established direct links with each. Both the President and Vice-President of NM-APA sit on the Governor’s Statutory Review Committee and provide the planning perspective in the discussions. We also have a representative on the N.M. Municipal League’s Subdivision and Planning Statutory Reform Task Force. NM-APA drafted a memo for this task force, explaining the problems and inconsistencies with the existing planning statutes. This current legislative session, NM-APA is assisting the Municipal League in advocating the passage of SJM 29 -- calling for an interim legislative committee to review and recommend statutory changes to the planning enabling laws.

A JOINT MEMORIAL REQUESTING THE APPROPRIATE LEGISLATIVE COMMITTEE TO STUDY REVISIONS TO THE LAND USE PLANNING ENABLING STATUTES.

WHEREAS, there exist a multitude of statutes dealing with planning, zoning, land use and subdivisions enabling local political subdivisions to act in these areas; and

WHEREAS, the planning, zoning, land use and subdivision enabling statutes in New Mexico are intricately intertwined and affect all political subdivision and their reltionships; and

WHEREAS, the planning, zoning, land use and subdivision enabling statutes in New Mexico are based upon a model developed in the 1920s and have been enacted over the last fifty years independent of each other; and

WHEREAS, there are inconsistencies in the planning, zoning, land use and subdivision enabling statutes; and

WHEREAS, an integrated statewide land use regulation model is needed to accommodate development in th4e state and to maximize the use of available resources in the next century; and

WHEREAS, state government must examine overall land use reguloation on matters that affect more than one jurisdiction; and

WHEREAS, planning, zoning, land use and subdivision enabling statutes must be revitalized to be more efficient and flexible, encouraging new approaches to land development and conservation and to foster cooperation among governmental entities and the private sector to effect these goals; and

WHEREAS, involving representative from both the public and private sectors is vital to the process of revising existing planning, zoning, land use and subdivision enabling statutes;

NOW, THEREFORE, BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO that the New Mexico legislative counsil assign the approrpriate interim committee to study and evaluate current planning, zoning, land use and subdivision enabling statutes; and

BE IT FURTHER RESOLVED that the interim committee provide a forum for state, county and municipal elected and appointed officials, along with representatives of the private sector and public interest groups, including the New Mexico chapter of the American planning association, 1000 friends of New Mexico, the New Mexico homebuilders’ association and the national association of industrial and office property managers, to express their concerns, provide testimony and information and make recommendations concerning revisions to planning, zoning, land use and subdivision enabling statutes; and

BE IT FURTHER RESOLVED that the interim committee report its findings and recommended statutory changes to the forty-fifth legislature; and

BE IT FURTHER RESOLVED that a copy of this memorial be transmitted to the New Mexico legislative council for assignment to the appropriate interim committee.

A primary goal for 1000 Friends of New Mexico is reforming the state planning laws. NM-APA has a representative on the board of directors of 1000 Friends and works closely with them in developing a coherent agenda for the reform. Other important interest groups involved in the sprawl and growing smart agenda in New Mexico are the AIA, Sierra Club and the Conservation Voters Alliance. Our next goal is to engage the N.M. Homebuilders Association, NAIOP, the N.M. Board of Realtors and other interest groups from the development community in a constructive dialogue about growth, development, planning and statutory reform. NM-APA has asked the N.M. Homebuilders Association to join NM-APA in writing op-ed pieces for the local newspaper on these issues, but they have refused. In January 1999, NM-APA invited representatives from the development community to present their views about current legislation to a luncheon group of planners. Establishing a meaningful dialogue about planning statutory reform with groups of varying interests and agendas will be a major undertaking, but absolutely necessary.

Finally, NM-APA must develop a sound strategy for bringing the smart growth agenda to the public’s attention. 1000 Friends of New Mexico and others are very successful in focusing media attention on growth management and development issues. NM-APA still has a lot to learn in this area. But it is critical that NM-APA position itself as the organization representing the planning professionals in the field which is a very different "spin" than the other special interest groups involved in the dialogue.

NM-APA is searching for the hundredth monkey! (12) When that certain critical number has been reached with our message about smart growth, planning and a sustainable future -- than the idea has been communicated effectively and the parade will be unstoppable! The NM-APA Chapter is searching for new ways to be effective communicators -- including new audiences, new materials and new messages. (13)

Notes

1. New Mexico’s enabling legislation is modeled on the Standard City Planning and Zoning Enabling Acts drafted in the 1920s.

2. This analogy comes from Henry Richmond, 1000 Friends of Oregon.

3. HB 1006 - carried by Representative (now Senator) Cisco McSorley. The reforms included closing the 4-lot loophole in the definition of a subdivision, requiring the subdivider to show that there are sufficient water resources to serve the new subdivision, giving counties the ability to adopt subdivisions that are more stringent than the state requirements if the county adopts a comprehensive plan, and providing stiffer penalties.

4. New Mexico’s enabling legislation is modeled on the Standard City Planning and Zoning Enabling Acts drafted in the 1920s.

5. The N.M. Homebuilders Association requested that the "benefits" of growth be considered as well as the costs, and NM-APA and 1000 Friends agreed to amend the Memorial.

6. To request a copy of "Growth in New Mexico: Impacts and Options", (Dec. 1996) Local Government Division, Ken Hughes, principal author -- call the author at 1-800- 432-7108.

7. The bylaw amendment was adopted by an overwhelming majority of the NM-APA membership at the annual meeting in 1997.

8. (1) Growth Management and Planning Enabling Legislation, (2) Water Planning, (3) Affordable Housing, and (4) Infrastructure Financing. Copies are available by contacting Lora Lucero at loralucero@aol.com.

9. There was considerable controversy in 1995 within NM-APA when the lobbyist advocated reform of the N.M. Subdivision Act because there had been no formal mechanism for the membership to build consensus around the specific elements of the reform. One NM-APA member argued strenuously against the reform. LPAC now legitimizes the position and makes the job of the lobbyist much easier.

10. Roundhouse is the local euphemism for the State Capitol.

11. Some of the other groups include 1000 Friends of New Mexico, the New Mexico Municipal League of Zoning Officials, the New Mexico Association of Counties and the Interstate Stream Commission.

12. Keyes, Ken, Jr., the hundredth monkey, Vision Books, 1982.

13. Please share your success stories and ideas with the NM-APA President, Harrison Higgins at harrisonh@dpsabq.com or the chair of LPAC, Lora Lucero at loralucero@aol.com