ZONING LOT SIZE REQUIREMENTS

HB0138

HOUSE BILL 138

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

INTRODUCED BY

Andrea Romero

AN ACT

RELATING TO ZONING; PROHIBITING COUNTY OR MUNICIPAL ZONING
AUTHORITIES FROM IMPOSING LOT SIZE REQUIREMENTS FOR RESIDENTIAL
PROPERTIES; PROVIDING EXEMPTIONS FOR RESIDENTIAL PROPERTIES.

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)
]
(a)
height, number of stories and
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

(3) shall not impose lot size requirements in
residential zones
.

[
C.
]
B.
All 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 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. A
zoning [
authorities
]
authority
, including

a
zoning [
authorities
]
authority
of
a
home rule
[
municipalities
]
municipality
, 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 3-21-11 NMSA 1978 (being Laws 1965,
Chapter 300, Section 14-20-9) is amended to read:

"3-21-11. CONFLICTS BETWEEN ZONING REGULATIONS AND OTHER
STATUTES AND ORDINANCES.--If any other statute or regulation or
other local ordinance, resolution or regulation adopted under
authority of Sections [
14-20-1 through 14-20-12 New Mexico
Statutes Annotated, 1953 Compilation
]
3-21-1 through 3-21-14
NMSA 1978
is applicable to the same premises,
and that premises
is not a residential property
, the provision shall govern which
requires:

A. the greater width or size of yards, courts or
other open spaces;

B. the lower height of building or a less number of
stories;

C. the greater percentage of lot or land to be left
unoccupied;
or

D. [
or imposes
] other higher standards."

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