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NEW MEXICO STATUTES AND CODES

Section 47-6-19 - Road development.

47-6-19. Road development.

A.     Roads within a subdivision shall be constructed only on a schedule approved by the board of county commissioners.  In approving or disapproving a subdivider's road construction schedule, the board of county commissioners shall consider:   

(1)     the proposed use of the subdivision;   

(2)     the period of time before the roads will receive substantial use;   

(3)     the period of time before construction of homes will commence on the portion of the subdivision serviced by the road;   

(4)     the county regulations governing phased development; and   

(5)     the needs of prospective purchasers, lessees and other persons acquiring an interest in subdivided land in viewing the land within the subdivision.   

B.     All proposed roads shall conform to minimum county safety standards.   

C.     The board of county commissioners shall not approve the grading or construction of roads unless and until the subdivider 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 months from the date of construction of the road.   

D.     It is unlawful for the subdivider to grade or otherwise commence construction of roads unless the construction conforms to the schedule of road development approved by the board of county commissioners.   

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