A. 
Any person who is adversely affected by a decision of the Planning Commission in approving or disapproving a subdivision plat, Claim of Exemption, Request to Vacate or variance may appeal to the Board of County Commissioners within 15 days after the date of the action of the Planning Commission. The Board of County Commissioners shall hear the appeal and render a decision within 30 days after receiving the notice of appeal.
B. 
Any person who is adversely affected by a decision of the Board of County Commissioners in approving or disapproving a subdivision plat, Claim of Exemption, Request to Vacate or variance may appeal to the District Court of the County in which the subdivision is located within 30 days after the date of the action of the Board.
A. 
The appeal shall consist of a whole record review, and the reviewing authority, whether it is the Board of County Commissioners or the District Court, shall set aside the action of the lower tribunal only if it is found to be:
(1) 
Arbitrary, capricious, or an abuse of discretion; or
(2) 
Not supported by substantial evidence; or
(3) 
Otherwise not in accordance with law.
B. 
Any party to the action in District Court shall have full appellate rights in accordance with the laws of the State of New Mexico and the rules of appellate procedure for the State of New Mexico.
C. 
The appeal shall be perfected by filing a written notice of appeal, which sets forth the specific portion or portions of the decision being appealed. A copy of the decision or order being appealed shall be attached to the notice of appeal. The appeal shall be perfected upon filing of the notice required by these regulations and payment of the required administrative fee.