§ 71-8-3 — Application for testing site permit; evaluation; notice of

public hearing. A. A person desiring a testing site permit shall submit an application to the planning commission for the county in which the proposed sustainable development testing site is located. The application shall include: (1) a detailed description of the sustainable development research that will be conducted on the sustainable development testing site, including an explanation of the ideas, concepts and inventions that will be tested; (2) a schematic layout of the sustainable development testing site; (3) the number of inhabitants and employees that are expected to occupy the sustainable development testing site; (4) a water budget detailing the anticipated indoor and outdoor water use for the sustainable development testing site; (5) an assessment of the county codes, ordinances, rules or permits relating to construction or building requirements, occupancy, zoning or subdivisions that are not practicable for the specific sustainable development testing site and that may inhibit the proposed sustainable development research and an explanation of how the sustainable development testing site will not be damaged if the proposed sustainable development research at the site is allowed; (6) an application fee, set by the planning commission, equal to the estimated costs of evaluating the application, holding the public hearing and administering the permit; (7) other information as may be required by rules adopted pursuant to Section 8 [71-8-8 NMSA 1978] of the Sustainable Development Testing Site Act or by rule of the planning commission or ordinance of the county; and (8) copies of all required state permits, including the approval of the wastewater treatment and disposal technology on an experimental basis. B. Upon receipt of a complete application, the planning commission shall: (1) forward a copy of the application to the office of the state engineer and to the department of environment; (2) set a date for a public hearing on the application; and (3) publish in a newspaper of general circulation in the county an announcement of its receipt of the application, a notice of the public hearing and information concerning where an interested person can obtain a copy of the application. C. The department of environment and the office of the state engineer shall, prior to the hearing, evaluate the application and the proposed sustainable development research to be performed at the proposed sustainable development testing site and submit comments to the planning commission.

Legislative History

Laws 2007, ch. 34, § 3.