[Adopted 9-16-2014 by Ord. No. 14-07[1]]
[1]
Editor's Note: This article provided an effective date
of 10-15-2014.
A.
To provide a Multiple Use/Multiple Functions Agricultural and Natural
Resource Production Zone which promotes local, state and federal coordination
to restore, repair, redevelop and develop under NMSA 1978, § 4-37-1,
which designates counties to provide for the health, safety, and welfare,
and promote the prosperity, improve the morals, peace and good order,
comfort, convenience, and aesthetics for its present and future inhabitants
and businesses, to protect the tax base, to secure economy and foster
the County's agricultural and other industries and provide fairness
in land use regulation, and to protect and enhance property values.
B.
The purposes of providing a Multiple Use/Multiple Functions Agricultural
and Natural Resource Production Zone are to establish areas which
are open and generally undeveloped lands where human habitation would
be limited. The zone is designed to enhance and protect land and associated
open space resources. The zone is established to encourage the use
of land, where appropriate, for forest products, livestock grazing,
oil and gas production, agriculture, mining, wildlife habitat, and
recreation. This zone is established to protect all valid private
property rights and the continued use and full access to these rights.
This zone is intended to promote the health, safety, convenience,
order, prosperity and general welfare and economy of the inhabitants
of Otero County, tourists and future generations.
In addition to other defining provisions in this article, the
term "multiple use" means the management of the public lands and their
various resource values so that they are utilized in the combination
that will best meet the present and future needs of the residents
of Otero County; making the most judicious use of the land for some
or all of these resources or related services over areas large enough
to provide sufficient latitude for periodic adjustments in use to
conform to changing needs and conditions; the use of some land for
less than all of the resources; a combination of balanced and diverse
resource uses that takes into account the long-term needs of future
generations for renewable and nonrenewable resources, including, but
not limited to, recreation, range, timber, minerals, watershed, wildlife
and fish, and natural scenic, scientific and historical values; and
harmonious and coordinated management of the various resources without
permanent impairment of the productivity of the land and the quality
of the environment with consideration being given to the relative
values of the resources and not necessarily to the combination of
uses that will give the greatest economic return or the greatest unit
output. See Section 103(c) of FLPMA, 43 U.S.C. § 1702(c),
1976.
A.
The Otero County Multiple Use/Multiple Functions Agricultural and
Natural Resource Production Zone ("Otero County Agricultural and Natural
Resource Production Zone") includes the following unincorporated lands
situated in the boundaries of Otero County excluding lands designated
as federal enclaves.
B.
The highest management priorities for lands within the Otero County
Agricultural and Natural Resource Production Zone is responsible management,
development of existing and future livestock grazing and natural resource
production resources, in order to provide protection for resources,
customs, culture, and values of Otero County.
C.
Responsible (conscientious and trustworthy) development of locatable,
leasable, and sellable mineral resources in the Otero County Agricultural
and Natural Resource Production Zone.
D.
Responsible (conscientious and trustworthy) development of abundant
recreation resources, including wildlife, roads, campgrounds, water
resources, trails, off-highway vehicle ("OHV") use, sightseeing, canyoneering,
hunting, hiking and human safety in emergency search and rescue missions
are compatible with livestock grazing and natural resource production
activities in the Otero County Agricultural and Natural Resource Production
Zone.
E.
Access for disabled persons needs to be a high priority as required
by federal law. Persons with disabilities should not be discriminated
against and should have the same opportunities to access these lands
as an able-bodied person. This includes, but is not limited to, the
elderly, retired and disabled veterans who have been severely restricted
in their ability to access these lands. Examples of appropriate access
for disabled persons may include, but are not limited to, OHV, vehicular,
and wheelchair access to areas disabled persons may be incapable of
hiking to, walking to, or otherwise accessing.
F.
Otero County supports efficient and responsible full restoration,
repair, redevelopment and development within the Otero County Agricultural
and Natural Resource Production Zone of:
(1)
All permitted existing and future livestock grazing and natural resource
production resources;
(2)
Other uses compatible with livestock grazing and natural resource
production; and
(3)
Coordination management approach by federal agencies, the State of
New Mexico, and local governments to achieve broadly supported management
plans for the full development of resources and goals, within the
Otero County Agricultural and Natural Resource Production Zone.
G.
Federal agencies that administer land within the Otero County Agricultural
and Natural Resource Production Zone shall coordinate, cooperate,
and be consistent with this article by including, from the onset,
Otero County, to develop, amend, and implement land and resource management
plans and implement management decisions that are consistent with
the purposes, goals, policies, and provisions described in this article
to the maximum extent allowed under federal law.
H.
The National Environmental Policy Act, Federal Land Policy and Management
Act, National Forest Management Act, etc., and their implementing
regulations and policies contain reciprocal requirements concerning
cooperation, consultation and coordination by federal agencies with
state and local governments and such cooperation needs to be fully
implemented by Otero County and the relevant federal agencies.
I.
Otero County is sustained by a small population whose livelihoods
have maintained the vast openness and natural beauty of the land treasured
by visitors. All sources of economic support must be maintained at
their highest possible level in order to sustain the economic stability
of the County. To ensure this, the Board of County Commissioners have
dedicated themselves to a coordinated land use planning effort, which
can hold the federal management agencies to standards set by Congress
regarding continuation of multiple uses of the federal lands.
J.
The County recognizes that federal law mandates multiple uses of
federally managed lands and the County positively supports multiple
use. Maintenance of such multiple uses necessarily includes continued
maintenance of the historic and traditional economic uses of federally
managed and state managed lands in the County.
K.
Otero County has depended on the livestock grazing and natural resource
production industries throughout its history to provide economic stability
to the County; therefore, livestock, agricultural and natural resource
production must be protected to ensure the health, welfare and safety
of the citizens.
L.
The American legend of the "cowboy" is found throughout the Otero
County Agricultural and Natural Resource Production Zone and is part
of the culture and history of Otero County's "western legends."
This cultural legend is what brings the tourism and movie industries
to the County, and helps to fuel the local economy. With livestock
grazing and natural resource production being pushed out of the County
by federal policies, this cultural icon, so identifiable with the
persona of Otero County, is becoming endangered.
M.
Otero County's livestock, agricultural and natural resource
production are protected uses under this zoning article due to multiple
generational use of the land. A loss of livestock grazing and natural
resource production rights would impact family economics and dynamics
that cannot be replaced.
N.
Otero County recognizes the impact and value of livestock grazing
and natural resource production and the recreational use of our public
lands. These should continue to provide Otero County residents, tourists
and future generations the opportunity to enjoy this rich heritage.
Our families depend on these uses of the federal lands to stay in
the area and continue this long tradition of responsible use of the
lands.
O.
Access rights-of-way and water rights have historically been critical
to the early pioneers in the County and they remain critical today.
In 1866, Congress enacted laws to provide and protect access across
federal lands for people reliant upon water to earn their livelihood.
The Act of July 26, 1866, Revised Statute 2477, provided: "The right-of-way
for the construction of highways over public land, not reserved for
public uses, is hereby granted." Otero County ranchers, miners and
loggers developed such rights-of-ways in the forms of roads and trails,
which continue to be used today. The Federal Lands Policy and Management
Act (FLPMA) of 1976 repealed the 1866 Revised Statue 2477, subject
to valid existing rights. Section 8 of the Act states, "Nothing in
this Act, or in any amendment made by this Act, shall be construed
as terminating any valid lease, permit, patent, right-of-way, or other
land use right or authorization existing on the date of approval of
this Act."
P.
Early ranchers and miners established water rights through the doctrine
of prior appropriation. The earliest adjudicated rights in Otero County
date back to the 1800's. Today, holders of water rights are still
struggling to preserve their rights against encroachment. This zone
protects water rights and uses for ranchers and grazers alike.
Q.
Some of the customs and aspects of the culture of Otero County have
never altered from their historic beginnings. Mining, ranching, farming,
timber production, and wood products have been productive industries
that have supported the County's residents for generations. Those
activities continue today, except where federal encroachment has limited
such activities. Federal agencies shall coordinate with Otero County
to restore these historic uses and grazing in the Otero County Agricultural
and Natural Resource Production Zone.
R.
The custom and culture of the County also includes the determination
of the people. Promoting harmony of man in his environment is a proper
function of government and this zone.
S.
The BLM and USFS shall coordinate with Otero County for consistency
with this article and the Taylor Grazing Act, 43 U.S.C § 315
et seq., 1934, the Act which created the agency that became known
as the Grazing Service. The courts have recognized that the purpose
of the Act "is to stabilize the livestock industry and to permit the
use of public range according to needs and qualifications of livestock
operators with base holdings." See Chournos v. United States, 193
F.2d 321 (1951).
T.
Planned livestock grazing in this zone will be managed so as to maintain
and enhance desired diverse plant communities for the benefit of watersheds,
diverse wildlife populations, water quality, recreation and livestock
grazing as required by the Public Rangelands Improvement Act of 1978,
through effective principles of planning and management. All necessary
grazing management improvements, including water development, juniper,
pinon pine, reseeding, fencing, salting plans, herding plans, and
grazing systems will be included in any allotment management plans
of the U.S. Forest Service, or related plans of the BLM. All decisions
regarding improvements should be made on an allotment basis since
they are integral with use of state leases, private leases, private
lands, other allotments, and in overall operation of each ranch enterprise.
All planning efforts for this zone will adhere to the careful and
considered consultation, coordination and cooperation requirements
established by federal statutes. See 43 U.S.C. §§ 1701(a)(2);
1712(c)(9); 1752(d).
U.
This zone shall comply with FLPMA which is hereby adopted in its
entirety as the guiding law for the zones.
V.
Lands to be designated as wilderness or lands with wilderness characteristics
must be zoned through the Otero County zoning process.
W.
Current designated wilderness study areas, areas of critical environmental
concerns or lands with wilderness characteristics designations shall
terminate within one year of adoption of this article.
The uses in this zone may be further governed by any future
Otero County Comprehensive Land Use Plan should one be adopted by
the Board of County Commissioners. The land uses that may be included
are, but are not limited to, the following: hunting, fishing, livestock
grazing, mining and mineral exploration and extraction, recreation,
wildlife habitat management, telecommunications, water resource use,
protection and development of timber/woodland products, utility corridors,
and County transportation and circulation roads and corridors.
