Better Neighborhoods Legislation Package Summary and Fact Sheet

Overview

The Councilor's proposals consist two City ordinances and two memorials to the New Mexico Legislature.  Together, the proposals: 

• Strengthen the role of individual neighborhood associations.
• Make the development-appeal process more fair and efficient.
• Reduce unnecessary delays involving projects that have already been approved.
• Ensure that appellants have a meaningful connection to the project.
• Preserve & strengthen public participation and judicial review.
• Use City staff time and taxpayer resources more responsibly.

 1. Strengthen Neighborhood Associations 

0-26-61 Neighborhood Association Recognition Ordinance 

This ordinance would refocus formal City recognition on individual neighborhood associations that provide geographically defined, resident-based, and democratic representation.

• Individual neighborhood associations would remain formally recognized by the city. No change to Neighborhood Associations (NA’s) or Home Owners Associations (HOA’s)
• Recognized associations would continue receiving notices about nearby development activity – no change.
• Recognized associations could continue to have standing to appeal development decisions, subject to the Integrated Development Ordinance – no change.
• An association would be required to hold and document a formal vote before taking an official position or filing an appeal – no change.
• Coalitions of neighborhood associations would no longer receive automatic City recognition or standing to appeal.
• Coalitions could continue operating independently and would still have access to services provided by the Office of Neighborhood Coordination. 

Purpose: Put neighborhood-level participation and decision-making in the hands of residents who are most directly affected.

2. Update Development Appeal Fees 

0-26-60 Appeal Fees Ordinance 

This ordinance would establish appeal fees in the Integrated Development Ordinance and create different filing fees for appeals of approved and denied applications. 

Proposed fees:

• Appeal notice fee: $75
• Filing fee for an appeal of a denied application: $225
• Filing fee for an appeal of an approved application: $925 

Appeals of approved projects generally require the City to reconsider decisions that have already completed the review and approval process. These appeals require additional staff time, legal review, public notice, reports, scheduling, hearings, and other municipal resources. 

Appeals of denied applications serve a different purpose by allowing applicants to seek further review of decisions that prevented their projects from moving forward. For that reason, the filing fee for appealing a denial would remain substantially lower. 

Purpose: Maintain access to the appeal process while recovering more of the City’s administrative costs and encouraging the responsible use of appeals.

3. Clarify Who Has Standing to Appeal 

M-26-1 Standing Memorial 

This memorial would ask the New Mexico Legislature to clarify state law regarding who may appeal a zoning decision. 

Current state law allows any person or organization who is considered “aggrieved” by a decision to file an appeal. The memorial asks the Legislature to allow municipalities to define, by ordinance, the circumstances under which a person has a sufficient connection to a project to be considered aggrieved. 

This could include factors such as proximity to the project or a direct and identifiable effect from the decision. 

The memorial would not itself change state law. It would formally request that the Legislature authorize municipalities to establish clearer local standards. 

Purpose: Preserve legitimate appeals while ensuring that appellants have a concrete and meaningful connection to the decision they are challenging.

4. Streamline the Appeal Process 

M-26-1 Appeal Process Memorial 

This memorial would ask the New Mexico Legislature to allow municipalities to designate certain zoning and development decisions for direct appeal to state district court.

Under the current process, some decisions must first be appealed to the local zoning authority—such as the City Council—before proceeding to district court. This additional step can add approximately two to three months to the process, even when the case ultimately proceeds to court. 

Under the proposed state-law change, municipalities could identify certain categories of decisions that may bypass the intermediate local appeal and proceed directly to district court. 

The memorial would not eliminate judicial review and does not take away the ability for any appellant to use the current processes to appeal. It would ask the Legislature to authorize a more direct process for selected appeals if appellants choose. 

Purpose: Reduce duplicative proceedings and create a more efficient, predictable, and timely appeals process. 

WHAT THE PACKAGE WOULD NOT DO

The Better Neighborhoods Package would not: 

• Eliminate individual neighborhood associations.
• Prevent residents from participating in public hearings.
• Prevent independent coalitions or community groups from operating.
• Eliminate appeals of denied applications.
• Eliminate judicial review in state district court.
• Automatically change state law through the two memorials. 

These bills seek to balance meaningful neighborhood participation with Albuquerque’s need for housing, businesses, medical services, employment opportunities, and responsible economic development. 

The four proposals would strengthen individual neighborhood associations, establish clearer standards for appeals, reduce duplicative proceedings, and help ensure that approved projects are not subjected to unnecessary and costly delays.