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Appeal of Land Use Action
A Land Use Decision can be Appealed. (NMCode)
Type I:
An appeal of a Type I decision by the director may be appealed within 14 calendar days of the date of the decision by the director. Appeals may be made only by an affected party, in the case of a Type I is the person or party submitting the application. Appeals of a Type I application are processed as a Type III procedure and proceed to the planning commission.
Type II:
An appeal of a Type II decision by the director may be appealed within 14 calendar days of the date of the decision. Appeals may be made only by an affected party, for Type II this includes the applicant, any party entitled to receive notice of the decision, or anyone providing written comments within 14 calendar days prior to the date of the decision. Appeals of a Type II application are processed as a Type III procedure and proceed to the planning commission.
Type III:
An appeal of a Type III decision by the planning commission may be appealed within 14 calendar days of the date of the planning commission’s written decision. Appeals may be made only by an affected party.