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Appeal of Land Use Action
A Land Use Decision can be Appealed. (NMCode)
Type I:
To appeal a decision of the Comunity Development Director for a Type I procedure an Application to Appeal must be submitted within 14 calendar days of the date of the decision. Appeals for Type I decisions may be made only by an affected party, in the case of a Type I that would only be 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:
To appeal a decision of the Comunity Development Director for a Type II procedure an Application to Appeal must be submitted 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 who provided 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:
To appeal a decision of the Planning Commission for a Type III procedure an Application to Appeal must be submitted within 14 calendar days of the date of the of the Planning Commission’s written decision. Appeals may be made only by an affected party, for Type III it must be based on the written or oral testimony and evidence raised in the record of the Planning Commission Hearing. Appeals of a Type III application are processed as a Type III procedure and proceed to the City Council.
Appeal Decisions & Processes
The review body, Planning Commission or City Council, has the ability to affirm, reverse, or modify in whole or in part a determination or requirement of the decision that is under review. When the review body modifies or renders a decision that reverses the original decision, they will provide findings and state its reasons for the review body's actions. The review body may elect to send the matter back to the original hearing body for further consideration with a statement explaining the error that materially affected the outcome of the original decision and the action necessary to rectify it.
The review body shall render its decision no later than 45 days after the filing of the request for review and shall file that decision with the Community Development Director within 10 days after it is rendered.
If an affected party is aggrieved by the review body final determination, they may appeal the decision to the Land Use Board of Appeals.
