ACCESSORY DWELLING UNITS IN CERTAIN AREAS

HB0017

HOUSE BILL 17

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

INTRODUCED BY

Andrea Romero
and
Heather Berghmans

AN ACT

RELATING TO HOUSING; ALLOWING ACCESSORY DWELLING UNITS IN
RESIDENTIAL ZONING DISTRICTS; ALLOWING MULTIFAMILY HOUSING IN
COMMERCIAL DISTRICTS AND AREAS NEAR TRANSIT.

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 may regulate and restrict within its
jurisdiction the:

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

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

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

(4) density of population; and

(5) location and use of buildings, structures
and land for trade, industry, residence or other purposes.

B. The county or municipal zoning authority may:

(1) 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) 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.

C. 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. 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 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. Zoning authorities, including zoning authorities
of home rule municipalities, shall:

(1)
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. For the purpose of this section,
"multigenerational" means any number of persons related by
blood, common ancestry, marriage, guardianship or adoption.
]

(2) accommodate accessory dwelling units in
residential zoning districts as a permitted use; and

(3) accommodate multifamily housing in
commercial zoning districts and areas near major public transit
locations as a permitted use.

G. As used in this section:

(1) "accessory dwelling unit" means a single
habitable living unit that is a complete and independent living
unit, provides separate ingress and egress, is built on a
property with a residential use and includes permanent
provisions for sleeping, cooking and sanitation;

(2) "major public transit location" means a
property with a passenger rail station, a public transit stop
that provides daily fixed-route service at intervals of at
least fifteen minutes or park-and-ride locations managed by the
department of transportation; and

(3) "multifamily housing" means a residential
property that contains more than one household and includes
duplexes and townhouses
."

SECTION 2.
A new section of Chapter 3, Article 21 NMSA
1978 is enacted to read:

"[
NEW MATERIAL
] ACCESSORY DWELLING UNITS.--

A. As used in this section, "accessory dwelling
unit" means a single habitable living unit that is a complete
and independent living unit, provides separate ingress and
egress, is built on a property with a residential use and
includes permanent provisions for sleeping, cooking and
sanitation.

B. A zoning authority, including a zoning authority
of a home rule municipality, shall accommodate as a permitted
use the construction of at least one accessory dwelling unit
for each lot within zoning districts that allow residential
uses regardless of the size of the lot.

C. In regulating accessory dwelling units, a zoning
authority, including a zoning authority of a home rule
municipality, shall allow:

(1) accessory dwelling units to be either
attached to or detached from an existing residential structure;

(2) accessory dwelling units that have side
and rear setbacks that are no more than five feet from the
property line and ten feet from any other structure on the
property;

(3) use of an accessory dwelling unit as an
existing dwelling unit; provided that the unit complies with
the provisions of this section or will comply after another
residential dwelling unit is constructed;

(4) accessory dwelling units to have a
combined or separate driveway serving the other residential
uses on the property;

(5) accessory dwelling units to have combined
or separate utilities serving the other residential uses on the
property;

(6) accessory dwelling units to occupy an
existing residential or accessory structure; and

(7) accessory dwelling units to occupy an
existing residential or accessory structure that has been
deemed legally nonconforming to zoning regulations; provided
that the scope of the nonconformity is not expanded and the
occupation shall not violate health and safety standards.

D. The owner of an accessory dwelling unit shall
obtain all required approvals and permits prior to the
installation of a private liquid waste disposal system that
services the land on which the accessory dwelling unit is
located.

E. A zoning authority, including a zoning authority
of a home rule municipality, shall not:

(1) impose single-family or owner-occupancy
requirements on an accessory dwelling unit;

(2) charge additional impact fees if the
existing utility infrastructure on the property in which the
accessory dwelling unit is located is sufficient to accommodate
the accessory dwelling unit;

(3) limit the maximum size of an accessory
dwelling unit to less than one thousand gross square feet;

(4) require more than one parking space per
accessory dwelling unit; or

(5) require additional development, review or
aesthetic standards more restrictive than for other residential
construction permitted on the property.

F. A zoning authority, including a zoning authority
of a home rule municipality, may require an accessory dwelling
unit to be used for rentals of terms longer than thirty days.

G. A local ordinance, policy, regulation or
neighborhood or homeowner association restriction implemented
after the effective date of this 2026 act shall not be a basis
for a delay or a denial of a building permit for an accessory
dwelling unit.

H. An accessory dwelling unit that conforms to this
section shall not be deemed to exceed the allowable density of
dwellings for the lot on which it is located and is considered
a permissive, residential use that is consistent with the
existing general plan and zoning designations for the lot."

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

"[
NEW MATERIAL
] MULTIFAMILY HOUSING.--

A. As used in this section:

(1) "major public transit location" means a
property with a passenger rail station, a public transit stop
that provides daily fixed-route service at intervals of at
least fifteen minutes or park-and-ride locations managed by the
department of transportation; and

(2) "multifamily housing" means a residential
property that contains more than one household and includes
duplexes and townhouses.

B. A zoning authority, including a zoning authority
of a home rule municipality, shall accommodate as a permitted
use the construction of multifamily housing in all residential
and commercial zoning districts and areas within one-fourth
mile of a major public transit location.

C. Multifamily housing may be constructed with:

(1) a minimum density of ten dwelling units
per acre;

(2) a minimum height of thirty-six feet; and

(3) at least one off-street parking space for
each unit in addition to required accessible parking spaces."

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