{"data":{"id":"us-nm/5-8-5","jurisdiction":"us-nm","citation":"5-8-5","heading":"Items not payable by fee.","body":"Impact fees shall not be imposed or used to pay for:\nA. construction, acquisition or expansion of public facilities or assets that are not capital improvements or facility expansions identified in the capital improvements plan;\nB. repair, operation or maintenance of existing or new capital improvements or facility expansions;\nC. upgrading, updating, expanding or replacing existing capital improvements to serve existing development in order to meet stricter safety, efficiency, environmental or regulatory standards;\nD. upgrading, updating, expanding or replacing existing capital improvements to provide better service to existing development;\nE. 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;\nF. principal payments or debt service charges on bonds or other indebtedness, except as allowed by Section 4 of the Development Fees Act; or\nG. 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.","path":["Chapter 5 - Municipalities and Counties","ARTICLE 8 Land Development Fees and Rights"],"source_url":"https://nmonesource.com/nmos/nmsa-unanno/en/item/18447/index.do","current_through":"2025-07-01","vintage":"","retrieved_at":"2026-09-03T15:02:19Z","sha256":"40739c8da6c8054a2e2f2731f52f5eda7d6a395ffcf44f7eb0a84e17061d6120","source_id":"us-nm","stale":false,"prev":"us-nm/5-8-4","next":"us-nm/5-8-6"},"notice":"GroundRules: Original legal text. Not legal advice."}