Mesilla trustees waive building fees for Las Cruces Public Schools technical center after debate

Trustees voted on May 26 to reconsider and then approve a conditional waiver of permit/impact fees for Las Cruces Public Schools' application to build an accessory building for career and technical education in Mesilla's historic commercial zone (PzHAC case 0621272355).

Trustee Christie Garcia argued that charging the district the full fee would be unfair because larger public entities and prior projects had not been assessed comparable fees, and urged the board to either set a uniform policy or waive the fee while the ordinance is updated. Trustees discussed municipal practice and guidance from the New Mexico Municipal League: public schools commonly receive exemptions for vertical construction impacts, but horizontal improvements (water, sewer, driveways, stormwater) can still carry charges.

After discussion, Trustee Garcia moved a condition to waive fees for the specific case and Trustee Cadena seconded. The board approved the reconsideration and the fee-waiver condition; the final roll-call on the motion with the condition recorded a 3-2 vote in favor. The mayor and staff noted the town will work with legal and planning staff to clarify the ordinance and whether future large public projects should be assessed under revised code language.

Board members emphasized three options going forward: (1) follow existing ordinances strictly, (2) adopt standard practice and formally codify exemptions for public entities, or (3) apply case-by-case conditions while ordinances are amended. Trustees asked staff to draft ordinance updates and to report back with recommended policy language.