New Mexico Administrative Code
Title 2 - PUBLIC FINANCE
Chapter 110 - LOCAL GOVERNMENT GRANTS
Part 2 - SMALL CITIES COMMUNITY DEVELOPMENT BLOCK GRANT
Section 2.110.2.11 - ELIGIBLE ACTIVITIES/CATEGORIES

Universal Citation: 2 NM Admin Code 2.110.2.11

Current through Register Vol. 35, No. 18, September 24, 2024

Applicants may apply for funding assistance under the following categories:

A. Community infrastructure: Eligible activities may include, but are not limited to:

(1) real property acquisition;

(2) construction or rehabilitation of the following:
(a) water systems;

(b) sewer systems;

(c) municipal utilities;

(d) roads;

(e) streets;

(f) highways;

(g) curbs;

(h) gutters;

(i) sidewalks;

(j) storm sewers;

(k) street lighting;

(l) traffic control devices;

(m) parking facilities;

(n) solid waste disposal facilities.

B. Housing: Eligible activities may include, but are not limited to:

(1) real property acquisition;

(2) rehabilitation;

(3) clearance;

(4) demolition and removal of privately-owned or acquired property for use or resale in the provision of assisted housing;

(5) provision of public facilities to increase housing opportunities;

(6) financing the repair, rehabilitation and in some cases reconstruction of privately-owned residential or other properties through either loan or grant programs;

(7) certain types of housing modernization;

(8) temporary relocation assistance;

(9) code enforcement; and

(10) historic preservation activities;

(11) not to exceed sixty-five thousand dollars ($65,000) in CDBG funds per home can be used on home rehabilitation/repair activities.

C. Public facility capital outlay: Eligible activities may include, but are not limited to:

(1) real property acquisition;

(2) construction or improvement of community centers;

(3) senior citizen centers;

(4) non-residential centers for the handicapped such as sheltered workshops;

(5) other community facilities designed to provide health, social, recreational or similar community services for residents.

D. Economic development: The economic development category is established to assist communities in the promotion of economic development and is described in 2.110.2.26 NMAC.

E. Emergency: The emergency fund provides funding for emergency projects that address life threatening situations resulting from disasters or imminent threats to health and safety.

(1) Applications under this category will be accepted throughout the year.

(2) Application shall include verification of emergency from an authoritative state agency documenting the need for the emergency project, and shall be submitted no later than 18 months from the date of the authoritative state agency's written verification of emergency.

(3) An applicant for emergency funding must verify that it does not have sufficient local resources to address the life threatening condition; and that other federal or state resources have been explored and are unavailable to alleviate the emergency.

F. Planning: Municipalities, counties, water associations, water and sanitation districts, and land grants are eligible to apply directly for planning grants. Municipalities or counties who have a comprehensive plan dated five years or greater from the date of application submission are required to use CDBG planning grant funds solely for the development of a comprehensive plan. A comprehensive plan must be focused on a community's physical development over the next 15-20 years related to the goals and policies of the community, developed with input from all segments of the community, adopted by resolution or ordinance, and include as a minimum the following required elements and may include the following optional elements:

(1) required elements:
(a) land use including:
(i) an analysis and mapping of existing land patterns and an inventory of the amount, type and intensity of uses by land category;

(ii) a projection of the distribution, location and extent of future land uses by land use category over a 20-year period;

(iii) goals, objectives and policies that address maintaining a broad variety of land uses, including the range of uses existing when the plan is adopted or amended; and

(iv) specific actions and incentives that the entity may use to promote planned development, reduction in greenhouse gas emissions, or otherwise encourage certain identified development patterns and the locations where such development patterns should be encouraged;

(b) housing including:
(i) an analysis of existing housing supply and demand, and forecasted housing needs;

(ii) goals, objectives and policies for the improvement of housing quality, variety and affordability, for reduction of greenhouse gas emissions, and for provision of adequate sites for housing and housing opportunities for all segments of the community;

(iii) a description of the actions that may be taken to implement housing goals, objectives and policies; and

(iv) must comply with the affordable housing act.

(c) transportation including:
(i) description and assessment of the location, type, capacity and condition of existing transportation facilities, such as freeways, arterial and collector streets, mass transit or other modes of transportation as may be appropriate;

(ii) goals, objectives and policies for encouraging safe, convenient, efficient and economical transportation, including mass transit and facilities for bicyclists and pedestrians, for reduction of greenhouse gas emissions, and potential funding mechanisms; and

(iii) a description and assessment of proposed location, type and capacity of proposed transportation facilities designed to implement transportation goals, objectives and policies and a description of funding mechanisms that will be used to fund proposed transportation improvements;

(d) infrastructure including:
(i) a description and assessment of the location, type, capacity and condition of existing infrastructure, including emergency services, sewage, drainage, local utilities and other types of facilities;

(ii) goals, objectives and policies for promoting the efficient provision of infrastructure; and

(iii) a description and assessment of proposed facility expansion and improvements designed to support planned uses and implement infrastructure goals, objectives and policies;

(e) economic development including:
(i) a description of existing job composition and trends by industry and location characteristics, such as access to transportation or proximity to natural or human resources, that influence the economic development potential of the entity;

(ii) goals, objectives and policies for promoting economic development; and

(iii) a description of the actions that the entity will take to implement economic development goals, objectives and policies;

(f) water including:
(i) description and assessment of the sources of water supply;

(ii) the existing demand for water by residential, commercial, institutional, industrial and recreational sectors;

(iii) assessment of the unaccounted for water losses due to leaks, theft or other reasons;

(iv) goals, objectives and policies for promoting the efficient use of water and for managing periods of drought; and

(v) an analysis of the demand for water that will result from future growth projected in the plan, when added to existing uses, and how the demand for water that will result from future projected growth will be served by current water supplies, water conservation, water reuse or a plan to obtain additional water supplies or increase water use efficiencies;

(g) hazard including:
(i) an analysis of the risks of hazards such as wildfire, floods, extreme weather conditions, accidents, and terrorism;

(ii) goals, objectives and policies for hazard mitigation; and

(iii) a description of the actions that will be taken to mitigate hazards; and

(h) implementation; a compilation of the plan's goals, objectives, policies, standards or guidelines, along with specific actions to be completed in a stated sequence, which start with adoption of the comprehensive plan by ordinance;

(2) optional elements:
(a) drainage;

(b) parks, recreation and open space;

(c) tourism;

(d) growth management;

(e) fiscal impact analysis;

(f) intergovernmental cooperation;

(g) social services;

(h) historic preservation;

(i) asset management plan.

(3) if the entity has a comprehensive plan that is not more than five years old at the date of application, it may apply for funding assistance for any of the following planning activities:
(a) data gathering analysis and special studies;

(b) base mapping, aerial photography, geographic information systems, or global positioning satellite studies;

(c) improvement of infrastructure capital improvement plans and individual project plans;

(d) development of codes and ordinances, that further refine the implementation of the comprehensive plan;

(e) climate change mitigation and adaptation plan;

(f) preliminary engineering report (according to United States department of agriculture/rural utilities service (USDA/RUS) guidelines);

(g) related citizen participation or strategic planning process;

(h) other functional or comprehensive planning activities;

(i) asset management plan; or

(j) regionalization of infrastructure and service delivery.

(4) applicants may apply for planning assistance throughout the year.

G. Colonias:

(1) The Colonias category is established in the amount of ten percent of the annual CDBG allocation for specific activities including water, sewer and housing improvements, which are the three conditions that qualify communities for designation to be carried out in areas along the U.S. - Mexican border.

(2) Eligible applicants for the Colonias set aside are municipalities and counties located within 150 miles of the U.S. - Mexico border.

(3) Colonias must be designated by the municipality or county in which it is located. The designation must be on the basis of objective criteria, including:
(a) lack of potable water supply; or

(b) lack of adequate sewage systems; or

(c) lack of decent, safe and sanitary housing.

(4) Appropriate documentation to substantiate these conditions must be provided along with the application for funding.

Disclaimer: These regulations may not be the most recent version. New Mexico may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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