New Mexico legislation · 2026 Regular Session
New Mexico HB138: ZONING LOT SIZE REQUIREMENTS
Status: Introduced, January 26, 2026
What the bill says
An act relating to zoning; prohibiting county or municipal zoning authorities from imposing lot size requirements for residential properties; providing exemptions for residential properties.
From the introduced text, January 22, 2026:
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; .232605.1 wen = lairetam derocsrednu eteled = ]lairetam detekcarb[ [(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. …
Sponsors
- Andrea Romero (D, HD-046) · primary sponsor
Latest actions
- : Referred to: HRC
- : Sent to HCEDC - Referrals: HCEDC/HGEIC
- : Action Postponed Indefinitely
Subjects: PROPERTY (conservancy districts, land grants, real estate), LOCAL GOVERNMENT
Common questions
- What is HB138?
- HB138 is a bill in the New Mexico Legislature (2026 Regular Session): ZONING LOT SIZE REQUIREMENTS.
- What does HB138 do?
- In its own words: An act relating to zoning; prohibiting county or municipal zoning authorities from imposing lot size requirements for residential properties; providing exemptions for residential properties.
- What is the status of HB138?
- Introduced as of January 26, 2026. Latest action: Referred to: HRC (January 26, 2026).
- Who sponsored HB138?
- Andrea Romero (D, HD-046).
- Where is the official record for HB138?
- On the New Mexico Legislature website: https://www.nmlegis.gov/Legislation/Legislation?chamber=H&legType=B&legNo=138&year=26
Source: official New Mexico record. Tracked by Delilah, AI for legislation across all 50 states and Congress.