SENATE BILL 131

57th legislature - STATE OF NEW MEXICO - second session, 2026

INTRODUCED BY

Antonio Maestas

 

 

 

 

 

AN ACT

RELATING TO PROPERTY; ELIMINATING RESTRICTIONS ON BUILDING HEIGHT AND NUMBER OF STORIES; ALLOWING RESIDENTIAL APARTMENTS IN COMMERCIAL ZONES; ALLOWING SMALL-SCALE COMMERCIAL USES IN RESIDENTIAL ZONES; ALLOWING DUPLEXES AND TOWNHOUSES IN RESIDENTIAL ZONES AND MIXED-USE LOTS; ALLOWING ADDITIONAL DWELLING UNITS IN SINGLE-FAMILY ZONING DISTRICTS; PROHIBITING MINIMUM PARKING MANDATES; CREATING AN EXCEPTION FOR ACCESSIBLE PARKING; REVISING THE APPEAL PROCESS; AMENDING, REPEALING AND ENACTING SECTIONS OF THE NMSA 1978.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     SECTION 1. Section 3-21-1 NMSA 1978 (being Laws 1965, Chapter 300, Section 14-20-1, as amended) is amended to read:

     "3-21-1. ZONING--AUTHORITY OF COUNTY OR MUNICIPALITY.--

          A. For the purpose of promoting health, safety, morals or the general welfare, a county or municipality is a zoning authority and:

                (1) may regulate and restrict within its jurisdiction the:

                     [(1) height, number of stories and] (a) size of buildings and other structures;

                     [(2)] (b) percentage of a lot that may be occupied;

                     [(3)] (c) size of yards, courts and other open space;

                     [(4)] (d) density of population; and

                     [(5)] (e) location and use of buildings, structures and land for trade, industry, residence or other purposes;

                [B. The county or municipal zoning authority

                (2) may:

                     [(1)] (a) divide the territory under its jurisdiction into districts of such number, shape, area and form as is necessary to carry out the purposes of Sections 3-21-1 through 3-21-14 NMSA 1978; [and

                     (2)] (b) regulate or restrict the erection, construction, reconstruction, alteration, repair or use of buildings, structures or land in each district. All such regulations shall be uniform for each class or kind of buildings within each district, but regulation in one district may differ from regulation in another district; and

                     (c) accommodate one additional dwelling unit within each lot in a single-family zoning district as a permissive use;

                (3) shall eliminate restrictions on building height and number of stories;

                (4) shall not prohibit residential apartments in commercial zones;

                (5) except as provided in this section, shall not prohibit duplexes and townhouses in residential zones or on mixed-use lots; and

                (6) shall allow in residential zones development for small-scale commercial uses that provide neighborhood-scale convenience shopping, food, beverages, indoor entertainment or professional offices; provided that the uses comply with local rules governing traffic and noise.

          [C. All] B. State-licensed or state-operated community residences for persons with a mental or developmental disability and serving ten or fewer persons may be considered a residential use of property for purposes of zoning and may be permitted use in all districts in which residential uses are permitted generally, including particularly residential zones for single-family dwellings.

          [D.] C. A board of county commissioners of the county in which the greatest amount of the territory of the petitioning village, community, neighborhood or district lies may declare by ordinance that a village, community, neighborhood or district is a "traditional historic community" upon petition by twenty-five percent or more of the qualified electors of the territory within the village, community, neighborhood or district requesting the designation. The number of qualified electors shall be based on county records as of the date of the last general election.

          [E. Any] D. A village, community, neighborhood or district that is declared a traditional historic community shall be excluded from the extraterritorial zone and extraterritorial zoning authority of [any] a municipality whose extraterritorial zoning authority extends to include all or a portion of the traditional historic community and shall be subject to the zoning jurisdiction of the county in which the greatest portion of the traditional historic community lies.

          [F.] E. Zoning authorities, including zoning authorities of home rule municipalities, shall accommodate multigenerational housing by creating a mechanism to allow up to two kitchens within a single-family zoning district, such as conditional use permits.

          [G.] F. For the purpose of this section, "multigenerational" means any number of persons related by blood, common ancestry, marriage, guardianship or adoption."

     SECTION 2. Section 3-21-8 NMSA 1978 (being Laws 1965, Chapter 300, Section 14-20-6, as amended) is amended to read:

     "3-21-8. APPEALS TO ZONING AUTHORITY--GROUNDS--STAY OF PROCEEDINGS.--

          [A. The zoning authority shall provide by resolution the procedure to be followed in considering appeals allowed by this section.

          B.] A. Any aggrieved person or any officer, department, board or bureau of the zoning authority affected by a decision of an administrative officer, commission or committee in the enforcement of Sections 3-21-1 through 3-21-14 NMSA 1978 or ordinance, resolution, rule or regulation adopted pursuant to these sections may appeal [to the zoning authority. An appeal shall stay all proceedings in furtherance of the action appealed unless the officer, commission or committee from whom the appeal is taken certifies that by reason of facts stated in the certificate, a stay would cause imminent peril of life or property. Upon certification] the decision pursuant to the provisions of Section 39-3-1.1 NMSA 1978. The proceedings shall not be stayed except by order of district court after notice to the official, commission or committee from whom the appeal is taken and on due cause shown.

          [C.] B. When an appeal alleges that there is error in any order, requirement, decision or determination by an administrative official, commission or committee in the enforcement of Sections 3-21-1 through 3-21-14 NMSA 1978 or any ordinance, resolution, rule or regulation adopted pursuant to these sections, the [zoning authority by a majority vote of all its members] district court may:

                (1) authorize, in appropriate cases and subject to appropriate conditions and safeguards, variances or special exceptions from the terms of the zoning ordinance or resolution:

(a) that are not contrary

to the public interest;

                     (b) where, owing to special conditions, a literal enforcement of the zoning ordinance will result in unnecessary hardship;

                     (c) so that the spirit of the zoning ordinance is observed and substantial justice done; and

                     (d) so that the goals and policies of the comprehensive plan are implemented; or

                (2) in conformity with Sections 3-21-1 through 3-21-14 NMSA 1978:

                     (a) reverse any order, requirement, decision or determination of an administrative official, commission or committee;

                     (b) decide in favor of the appellant; or

                     (c) make any change in any order, requirement, decision or determination of an administrative official, commission or committee."

     SECTION 3. A new section of Chapter 3, Article 21 NMSA 1978 is enacted to read:

     "[NEW MATERIAL] ZONING APPLICATIONS--REVIEW AND APPROVAL.--

          A. Applications seeking approval of uses that are not permitted by right in a zoning ordinance, including conditional use permits, special use permits and special exceptions or use variances, shall be submitted to and decided only by a hearing officer delegated by a county or municipal zoning authority.

          B. Applications to check zoning compliance for development proposals, including site plans and site development plans, shall be reviewed and decided administratively by designated staff of the local jurisdiction."

     SECTION 4. [NEW MATERIAL] MINIMUM PARKING MANDATES PROHIBITED.--

          A. As used in this section, "minimum parking mandate" means a law, a rule or an ordinance that specifies a minimum number of off-street vehicle parking spaces, including within a garage or other enclosed area.

          B. A political subdivision shall not impose minimum parking mandates for residential, commercial or industrial properties within the political subdivision's jurisdiction.

          C. Nothing in this section prevents a political subdivision from passing a minimum parking mandate related to accessible parking spaces.

     SECTION 5. REPEAL.--Section 3-21-9 NMSA 1978 (being Laws 1965, Chapter 300, Section 14-20-7, as amended) is repealed.

     SECTION 6. APPLICABILITY.--The provisions of Sections 2 and 3 of this act apply to decisions issued and enforcement actions commenced after June 30, 2026.

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