File an Appeal

Appeal Process

Before starting the appeal process, please consider:

Do you have legal standing, i.e. sufficient connection to, vicinity to, or impact from the action that you are appealing? You can only appeal a decision if you have legal standing.

• The criteria for who may appeal the decision is specified in the Integrated Development Ordinance (IDO) §14-16-6-4(U)(2) Who May Appeal in .
• For additional information on appeals, see Table 6-1-1: Summary of Development Review Procedures and §14-16-6-4(U) Appeals.

Appeal Steps

1. Except for Preliminary Plats, only final decisions can be appealed. Once a decision is final (e.g. a zone change, conditional use, temporary use, etc.) an appeal needs to be filed within 15 calendar days (excluding holidays).
   
   
2. The appeal shall specifically state the section of the IDO, City regulation, or condition attached to a decision that has not been interpreted or applied correctly. See additional required documents below.
   
   
3. Once an appeal has been accepted as complete, staff prepares and transmits the record of the appeal to City Council.
   
   
4. The Land Use Hearing Officer (LUHO), who hears IDO appeals, then schedules a hearing on the matter within 30 calendar days of receipt and notifies the parties.
   
   
5. Appellants and parties to the appeal may submit written arguments to the LUHO through the City Council Clerk. Written arguments must be received by the Clerk of the City Council at least 10 calendar days prior to the hearing.
   
   
   • The LUHO may recommend that the City Council affirm, reverse, or otherwise modify the lower decisions to bring it into compliance with the applicable City regulations. If the LUHO determines that the matter should be remanded, the LUHO shall set forth the reason(s) for the remand and the matters to be reconsidered and may order such remand without approval by the City Council.
     
     
   • If the appeal is not directly remanded, the LUHO forwards the recommendation, findings, and transcription of the LUHO’s public hearing to the City Council within 15 calendar days after the appeal hearing.
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6. At a public meeting, the City Council votes on whether to accept or reject LUHO’s recommendation.

• If Council rejects LUHO's recommendation, a full hearing will be held at the next City Council hearing.
• Council will then adopt its own findings for the appeal decision.

Application Requirements

All applications must be submitted in ABQ-PLAN. Please prepare the following to upload.

• Letter of authorization from the appellant if appeal is submitted by an agent
• Appellant’s basis of standing in accordance with IDO §14-16-6-4(U)(2) Who May Appeal
• Reason for the appeal identifying the section of the IDO, other City regulation, or condition attached to a decision that has not been interpreted or applied correctly, and further addressing the criteria in IDO §14-16-6-4(U) Appeals
• Copy of the Official Notice of Decision regarding the decision being appealed
• Project and/or case number of the decision being appealed

Resources

• Appeals of Land Use Decisions through City Council
• Appeals packets for LUHO
• ABQ-PLAN
• Fee Schedule - General Planning
• Land Use Appeals Information
• Legistar (City Council appeals)