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By Jesse Jones, The Paper. — When the city of Albuquerque approves a development project, construction may still be a long way off. Residents and community groups can challenge approved projects through city appeals and, in some cases, state court. Councilor Dan Lewis has proposed four companion measures that would change who can appeal those projects, how much an appeal costs and how some appeals move from the city to state court.
Two proposals would change city law, while two ask state lawmakers to alter state law. Lewis said the package addresses a process that can keep approved projects tied up in appeals for months. He said neighborhood associations need a stronger voice in local projects, while larger coalitions should not delay projects outside areas they directly represent. The Paper.’s City Desk sat down with Lewis to understand what he wants to change.
The centerpiece, O-26-61, would remove city recognition for neighborhood coalitions, homeowners associations and business groups, and end developer good-faith requirements. Coalitions could still organize without a recognized city role. Lewis said neighborhood associations have defined boundaries, elected leadership, meetings and voting requirements. He called coalitions “unaccountable” and “undemocratic,” saying they can represent areas where leaders lack a direct connection to a project and appeal projects without the same voting requirements. He said those appeals can stall housing, grocery stores and job centers. Recognized associations would retain development notices and appeal standing. O-26-60 would raise fees to appeal an approved project to $925, up from $190-$265, to cover review costs. Denied project appeal fees remain $225, and city applications remain free. State law governs zoning appeals, so Lewis’ two memorials ask the New Mexico Legislature to make changes. M-26-01 would clarify who qualifies as an “aggrieved” person with legal standing. M-26-02 would let appellants go directly to District Court. “It gives them a choice; it doesn’t take away anything from them,” Lewis said. “They can still go through the whole city process if they want to… It’s just another way to help keep from the delays.”
Neighborhood coalition leaders, including the West Side Coalition of Neighborhood Associations and the District 6 Coalition, oppose the package, saying it could make it harder for residents to organize across neighborhood boundaries. Patricia Willson, District 6 Coalition treasurer and Inter-Coalition Council representative, said O-26-61 would remove coalitions’ authority to appeal approved projects. She said the $925 fee could create barriers for volunteer groups and questioned dropping developer good-faith requirements. Willson said regional coalitions notify residents where active neighborhood associations are absent, adding that past coalition appeals succeeded when the city failed to follow its own Integrated Development Ordinance rules and due process.
Lewis said residents would still receive development notices and could appeal individually even without a neighborhood group. He said he prefers strengthening neighborhood associations and having them expand into areas without one. Recognized neighborhood associations would retain their notification and appeal roles. Lewis said he does not expect to persuade coalition leaders because he believes neighborhood associations better represent affected communities.
The City Council will hear all four measures Oct. 5. If approved, the ordinances would change city law, while the memorials would go to state lawmakers. Lewis said he will lobby in Santa Fe if the memorials pass. Uncertain if he has the votes, Lewis said the measures would give neighborhood associations more control and reduce appeal delays.