Claim of Exemption
APPENDIX B. SAMPLE FORMS
CLAIM OF EXEMPTION
(Name of Person Claiming Exemption)
To claim an exemption from the requirements of the San Juan County Subdivision Regulations, you must complete this form, sign it before a notary public and submit it together with legible copies of all required documents to the Subdivision Review Officer, San Juan County, 100 S. Oliver Drive, Aztec, New Mexico, 87410. Be sure to check all exemptions which apply.
You will need to supply documentation to support your request. Contact the Subdivision Review Officer to determine which documents need to be submitted in support of this application.
The County Subdivision Review Officer will notify you in writing within ten (10) days as to whether your claim of exemption has been granted. If the claim of exemption is granted, or if you do not hear from the County Subdivision Review Officer within ten (10) days, you may proceed with the land division you propose without needing to comply with the requirements of the San Juan County Subdivision Regulations. If your claim of exemption is denied, you may either seek approval of a subdivision or appeal the denial as provided in the San Juan County Subdivision Regulations.
STATE OF NEW MEXICO )
COUNTY OF _________________ )
I, _______________________________________, claim an exemption from the requirements of the New Mexico Subdivision Act and the San Juan County Subdivision Regulations for the following reason(s). I certify that this transaction involves:
___ the sale, lease or other conveyance of any parcel that is thirty-five (35) acres or larger in size within any twelve (12) month period, provided that the land has been used primarily and continuously for agricultural purposes, in accordance with §7-36-20 NMSA 1978, for the preceding three (3) years.
___ the sale or lease of apartments, offices, stores or similar space within a building.
___ the division of land within the boundaries of a municipality.
___ the division of land in which only gas, oil, mineral or water rights are severed from the surface ownership of the land.
___ the division of land created by court order where the order creates no more than one parcel per party.
___ the division of land for grazing or farming activities provided that the land continues to be used for grazing or farming activities.
___ the division of land to create a parcel that is sold or donated as a gift to an immediate family member; however, this exception shall be limited to allow the seller or donor to sell or give no more than one parcel per tract of land per immediate family member. As used herein the term "immediate family member" means a husband, wife, father, stepfather, mother, stepmother, brother, step-brother, sister, step-sister, son, step-son, daughter, step-daughter, grandson, step-grandson, granddaughter, step-granddaughter, nephew and niece, whether related by birth or adoption.
___ the division of land created to provide security for mortgages, liens or deeds of trust; provided that the division is not the result of a seller-financed transaction.
___ the sale, lease or other conveyance of land that creates no parcel smaller than one hundred forty (140) acres;
___ the division of land to create a parcel that is donated to any trust or nonprofit corporation granted an exemption from federal income tax, as described in § 501(c)(3) of the United States Internal Revenue Code of 1986, as amended; school, college or other institution with a defined curriculum and a student body and faculty that conducts classes on a regular basis; or to any church or group organized for the purpose of divine worship, religious teaching or other specifically religious activity.
___ the sale, lease or other conveyance of a single parcel from a tract of land, except from a tract within a previously approved subdivision, within any five (5) year period; provided that a second or subsequent sale, lease or other conveyance from the same tract of land within five (5) years of the first sale, lease or other conveyance shall be subject to the provisions of the New Mexico Subdivision Act and these Regulations; provided further that a survey shall be filed with the County Clerk indicating the five (5) year holding period for both the original tract and the newly created tract.
Exact location of property to be subdivided (legal description, in metes and bounds):
Exact description of resulting lots created by the exempt subdivision (legal description of resulting parcels, in metes and bounds, if available):
I further certify that the information provided by me in this Claim of Exemption is true and correct and that all documents attached to or enclosed with this Claim of Exemption are originals or true, complete and correct copies of the originals.
Print your name here
City, state and zip code
SUBSCRIBED AND SWORN to before me this ____ day of __________, 19__.
My commission expires:
FOR OFFICIAL USE ONLY
___ The foregoing Claim of Exemption is approved.
___ The foregoing Claim of Exemption is incomplete. Please provide us with the following information and/or documents so that we can process your claim:__________________________________________________________.
___ The foregoing Claim of Exemption is hereby denied for the following reasons:
Subdivision Review Officer