New Mexico § 5-8-5 Items not payable by fee

New Mexico Statutes

§ 5-8-5 — Items not payable by fee

New Mexico § 5-8-5

Ch. 5Municipalities and Counties

Art. 8Land Development Fees and Rights

This text of New Mexico § 5-8-5 (Items not payable by fee) is published on Counsel Stack Legal Research, covering New Mexico primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

N.M. Stat. Ann. § 5-8-5 (2026).

Text

Impact fees shall not be imposed or used to pay for: A. construction, acquisition or expansion of public facilities or assets that are not capital improvements or facility expansions identified in the capital improvements plan; B. repair, operation or maintenance of existing or new capital improvements or facility expansions; C. upgrading, updating, expanding or replacing existing capital improvements to serve existing development in order to meet stricter safety, efficiency, environmental or regulatory standards; D. upgrading, updating, expanding or replacing existing capital improvements to provide better service to existing development; E. administrative and operating costs of a municipality or county except as provided in Paragraph (4) of Subsection A of Section 4 [5-8-4 NMSA 1978] of 

Free access — add to your briefcase to read the full text and ask questions with AI

Impact fees shall not be imposed or used to pay for: A. construction, acquisition or expansion of public facilities or assets that are not capital improvements or facility expansions identified in the capital improvements plan; B. repair, operation or maintenance of existing or new capital improvements or facility expansions; C. upgrading, updating, expanding or replacing existing capital improvements to serve existing development in order to meet stricter safety, efficiency, environmental or regulatory standards; D. upgrading, updating, expanding or replacing existing capital improvements to provide better service to existing development; E. administrative and operating costs of a municipality or county except as provided in Paragraph (4) of Subsection A of Section 4 [5-8-4 NMSA 1978] of the Development Fees Act; F. principal payments or debt service charges on bonds or other indebtedness, except as allowed by Section 4 of the Development Fees Act; or G. libraries, community centers, schools, projects for economic development and employment growth, affordable housing or apparatus and equipment of any kind, except capital improvements defined in Paragraph (3) of Subsection C [D] of Section 2 [5-8-2 NMSA 1978] of the Development Fees Act.