N.M. Stat. § 5-17-9
Designation of approving authority.
A. The approving authority shall be:
(1)
for an infrastructure development zone located entirely within one county
and outside a municipality, the governing body of that county;
(2)
for an infrastructure development zone located entirely within a
municipality, the governing body of that municipality;
(3)
except as provided in Subsection B of this section, for an infrastructure
development zone that is not described in Paragraph (1) or (2) of this subsection and of
which the majority of its acreage lies outside a municipality, the governing body of the
county containing the most acreage outside of a municipality; or
(4)
except as provided in Subsection B of this section, for an infrastructure
development zone that is not described in Paragraph (1) or (2) of this subsection and of
which the majority of its acreage lies within a municipality, the governing body of that
municipality.
B. For an infrastructure development zone that is not described in Paragraph (1) or
(2) of Subsection A of this section, in lieu of the approving authority designated pursuant
to Paragraph (3) or (4) of that subsection, all of the governing bodies that approved the
petition and service plan of the infrastructure development zone may jointly designate a
governing body, in the zoning jurisdiction of which lies any portion of the infrastructure
development zone, as the approving authority.