New Mexico legislation · 2026 Regular Session
New Mexico SB131: RESIDENTIAL APARTMENTS IN COMMERCIAL ZONES
Status: In committee, January 26, 2026
What the bill says
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.
From the introduced text, January 23, 2026:
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, .233225.2 wen = lairetam derocsrednu eteled = ]lairetam detekcarb[ 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 …