TITLE 4. LAND AND RESOURCES

CHAPTER 1 - LAND USE

Section 4-1-1. Title.

This Chapter may be cited as the “Land Use Ordinance.”

Section 4-1-2. Purpose and Policy.

1. The purpose of the Land Use Ordinance is to regulate use and development of the 19 Pueblo’s District Lands in a manner that:
   
   
   1. protects the public health, safety and welfare of the District, its businesses, employees and visitors;
      
      
   2. promotes the highest and best use of the District’s lands and resources to enhance the general welfare of the District and the economic benefits to the 19 Pueblos;
      
      
   3. protects the District’s environment, land, water, air, and natural resources;
      
      
   4. prohibits certain uses that are detrimental to the District or conflict with more appropriate uses of the District’s lands
      
      
   5. provides for the orderly and planned development of the District’s lands

Section 4-1-3. Authority and Applicability.

1. The Governing Council has the governmental power to enact laws regulating land uses or the protection of the environmental or natural resources of the District pursuant to the District Charter, Article V. Section 2.(D). The Governing Council is responsible for all land use decisions on the District Lands unless delegated pursuant to this Chapter.
   
   
2. This Chapter shall apply to all Development Projects, whether public or private, within the District Lands. All Development Projects and land uses and all expansions, changes and relocation of existing projects or uses proposed after the adoption of this Chapter shall be subject to this Chapter.
   
   
   1. Any proposed Development Projects which are in the planning and development phase on the date this Chapter is adopted shall be subject to this Chapter and required to obtain a Land Use Permit in order to proceed.
      
      
3. Any Development Project established and fully completed pursuant to the Master Lease prior to the adoption of this Chapter shall be considered a permitted use and shall only require a Land Use Permit under this Chapter only if the Development Project or use expands, changes or is relocated.

Section 4-1-4. Definitions.

1. “Development Project” means any development, project, or activity that proposes to use any District Lands.
   
   
2. “District Lands” means those lands held in trust by the United States jointly for the 19 Pueblos of New Mexico identified in the 19 Pueblos District Charter, Section 1.
   
   
3. “District Manager” means the District official identified in Article VII of the 19 Pueblos District Charter.
   
   
4. “Federal Land-Into-Trust Acts” means the Public Laws 95-232, 110-453, 111-354, and 114-69 and the 1993 Trust Deed that took the District Lands into trust on behalf of the 19 Pueblos of New Mexico.
   
   
5. “Governing Council” means the governing body of the District established by Article II of the 19 Pueblos District Charter.
   
   
6. “Master Lease” means the Amended Ground Lease between the 19 Pueblos of New Mexico and the Indian Pueblos Marketing Incorporated, effective April 3, 2020.
   
   
7. “Land Use” or “Use” means the purpose for which District Land is or may be lawfully used consistent with the District Charter, Federal Land-Into-Trust Acts, and this Chapter.
   
   
8. “Land Use Permit” means an authorization, permit or consent issued by the District Governing Council, and includes any conditions related to such land use purposes.
   
   
9. “Memorandum of Agreement” means the Memorandum of Agreement between the 19 Pueblos District and the City of Albuquerque, effective July 26, 2020, and any amendments thereto.
   
   
10. “Oversight Commission” means the commission established by Article VI of the 19 Pueblos District Charter.
    
    
11. “Revised Development Agreement” means the Revised Development Agreement between the Indian Pueblos Marketing, Inc. and the City of Albuquerque, effective November 29, 2017, and any amendments thereto.
    
    
12. “Temporary Land Use Permit” means a permit issued by the District which allows for short-term activities that are compatible with adjacent and surrounding uses, and are not detrimental to the public health, safety and welfare of the District, its businesses, employees and visitors.

Section 4-1-5. Uses of District Lands.

1. Authorized Uses. Pursuant to the Federal Land-Into-Trust Acts, the broad categories for the use of the District Lands are for the educational, health, cultural, business and economic development of the 19 Pueblos. Any authorized use of the District’s Lands may be permitted pursuant to this Chapter.
   
   
2. Permitted Uses. These are the authorized uses that are allowed by the District as shown by the issuance of a Land Use Permit or Temporary Land Use Permit for the Development Project.
   
   
3. Prohibited Uses. The following uses of the District Lands are prohibited:
   
   
   1. Any use of the District Lands that does not have a Land Use Permit or Temporary Land Use Permit as required by this Chapter.
      
      
   2. Gaming activities such as casinos or areas used for gaming activities.
      
      
   3. Cannabis producers, manufacturers, dispensaries, retailers, testing laboratories or consumption areas. 
      
      
   4. Residential housing other than hotels, motels or extended stay temporary retail operations.
      
      
   5. Childcare, day care, pre-kindergarten or early childhood facilities.
      
      
   6. Industrial and manufacturing facilities, except in areas of the District Lands zoned for this use.
      
      
   7. Such other uses as determined by the Governing Council.
      
      
4. Zoning Authority. The Governing Council has the authority to designate or zone certain areas of the District Lands to restrict and regulate the use and development of those areas.

Section 4-1-6. Land Use Permits.

1. Any proposed Development Project or use of the District Lands must receive a Land Use Permit authorized by the Governing Council.
   
   
2. Any party seeking to develop or use a portion of the District Lands shall complete and file a Land Use Permit application with the District Manager prior to initiation of the Development Project.
   
   
   1. The applicant shall provide information as required in the application or requested by the District Manager.
      
      
3. The Oversight Commission and District staff shall review the completed Land Use Permit application and accompanying information and evaluate the benefits and impacts, including adverse impacts, if any, of the proposed Development Project. The Oversight Commission shall determine whether the proposed Development Project is an authorized use and is compliant with this Chapter, including the District’s policy provisions set forth in Section 4-1-2.A. The Oversight Commission shall make a recommendation to the Governing Council to authorize or deny a Land Use Permit for the proposed Development Project, including any requirements or conditions for the issuance of the Land Use Permit.
   
   
   1. The District Manager shall notify the applicant of the proposed recommendation of the Oversight Commission on the permit application. If there is no reconsideration request as described in subsections 2 and 3 below, the Oversight Commission’s recommendation shall be presented to the Governing Council for consideration at the next Governing Council meeting.
      
      
   2. If the Oversight Commission recommends denial of the Land Use Permit application because the proposed Development Project is not an authorized use, is not in compliance with the provisions of this Chapter, or is not an appropriate or the best use of the District Lands, the applicant may request the Oversight Commission to reconsider its recommendation by filing a reconsideration request with the District Manager within ten (10) calendar days of receipt of the notice of the Oversight Commission’s proposed recommendation.
      
      
   3. The reconsideration request shall state the specific basis for reconsideration and include any additional information or documents the applicant feels is important for the Oversight Commission’s determination. The Oversight Commission shall render a decision on the reconsideration request within thirty (30) calendar days of receipt of the request. The Oversight Commission’s final recommendation shall be forwarded to the Governing Council for consideration at the next Governing Council meeting.
      
      
4. The Governing Council shall consider the recommendation of the Oversight Commission along with the application information and information submitted for reconsideration, if any. The Governing Council shall render a decision on whether to approve or deny a Land Use Permit, including the imposition of any conditions or requirements for the Land Use Permit, if any.
   
   
5. Temporary Land Use Permit. Any party seeking to temporarily use a portion of the District Lands shall complete and file a Temporary Land Use Permit application with the District Manager at least twenty (20) calendar days prior to the commencement of the proposed use. The applicant shall provide information as required in the application or requested by the District Manager.
   
   
   1. The Oversight Commission and District staff shall review the completed Temporary Land Use application and accompanying information and evaluate the benefits and impacts, including adverse impacts, if any, of the proposed temporary use or activity. The Oversight Commission shall determine whether the proposed temporary use or activity is an authorized use and is compliant with this Chapter, including the District’s policy provisions set forth in Section 4-1-2.A. and whether to approve or deny the Temporary Land Use Permit. The District Manager, with the concurrence of the Oversight Commission Chairman, may issue a Temporary Use Permit for a period of time up to sixty (60) days, plus one thirty (30) day extension. The District Manager shall notify the Oversight Commission when the Temporary Use Permit is issued. The Oversight Commission shall inform the Governing Council of the issuance of any Temporary Land Use Permit at the next Governing Council meeting.
      
      
   2. The following temporary uses of District Lands may be permitted, subject to the issuance of a Temporary Use Permit:
      1. Temporary special events.
         
         
      2. Contractors’ construction yards in conjunction with a permitted Development Project, which must be removed once the permitted Development Project has been completed, or earlier, if so directed by the District Manager. The duration of a Temporary Land Use Permit for this purpose may exceed the total ninety (90) day term specified in subsection (1) above.
         
         
      3. Recreational vehicle parking.
         
         
      4. Commercial cargo/storage containers, for a period not to exceed sixty (60) days, unless the cargo container is used for a construction of a permitted Development Project as described in subsection (2)b.
         
         
      5. Temporary uses which, in the opinion of the Oversight Commission and District Manager, are compatible with the District’s land use and surrounding land uses.
         
         
   3. A Temporary Land Use Permit may impose such conditions as necessary to ensure that the temporary use is conducted in a safe, orderly, and efficient manner and in accordance with the intent of this Chapter. All Temporary Land Use Permits shall require that each site occupied by a temporary use shall be left free of debris, litter or other evidence of the temporary use upon completion or removal of the use.
      
      
   4. A Temporary Land Use Permit may be revoked by the District Manager, with concurrence of the Oversight Commission Chairman, if the temporary use is not in compliance with the terms of the Temporary Land Use Permit or the use is undermining the public health, safety or welfare of the District, employees, visitors or businesses.

Section 4-1-7. Enforcement.

A. The District Manager shall be responsible for enforcing the terms and conditions imposed on all Land Use Permits and Temporary Land Use Permits granted by the District and permitted under this Chapter.

B. Any Development Project or use or structure which is established, operated, maintained, changed, or relocated, contrary to the provisions of this Chapter shall be subject to the remedies, penalties, and/or revocation procedures set forth in this Section.

C. The District Manager shall issue a Notice of Violation to the party responsible for the Development Project, use, or structure, specifying the violation and establishing a reasonable time period for response and corrective action. In addition, any Development Project or construction in violation of this Chapter or conditions imposed on a Land Use Permit may be subject to a stop work order issued by the District Manager and concurred by the Oversight Commission Chairman, pending the corrective action, if any. The District APPROVED PER GOVERNING COUNCIL RESOLUTION 2023-04 on June 16, 2023

Manager shall notify the Oversight Commission of enforcement actions taken or proposed to be taken.

D. Failure to respond or timely comply with corrective action may result in the revocation of the Land Use Permit by the Governing Council. A revocation decision by the Governing Council is final and not appealable.

E. Failure to respond or timely comply with corrective action may result in a fine of not less than $100 per violation. Each day the violation remains uncorrected constitutes a separate violation.

F. The District Manager is authorized to seek injunctive relief to enforce the provisions of this Chapter or any conditions of a Land Use Permit or Temporary Land Use Permit.

Section 4-1-8. Miscellaneous.

1. The recipient of a Land Use Permit or Temporary Land Use Permit is subject to all applicable requirements of District laws, federal laws or regulations, and the Memorandum of Agreement or the Revised Development Agreement with the City of Albuquerque.