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HOUSE BILL 582
57
TH LEGISLATURE
-
STATE
OF
NEW
MEXICO
-
FIRST SESSION
,
2025
INTRODUCED BY
Linda Serrato
AN ACT
RELATING TO CONSTRUCTION; ENACTING A NEW SECTION OF THE
CONSTRUCTION INDUSTRIES LICENSING ACT TO REQUIRE THE
CONSTRUCTION INDUSTRIES DIVISION OF THE REGULATION AND
LICENSING DEPARTMENT TO DEVELOP AND ESTABLISH STATEWIDE
PROCEDURES AND TEMPLATES FOR CONSTRUCTION PROJECTS REQUIRING
PERMIT APPLICATIONS; REQUIRING AUTHORITIES WITH JURISDICTION TO
ADHERE TO THE PROCEDURES AND USE THE TEMPLATES ESTABLISHED BY
THE DIVISION; REQUIRING ONLINE ELECTRONIC APPLICATION ACCESS,
COMPLETION AND SUBMISSION OPTIONS; REQUIRING SPECIFIC TIME
LINES FOR DECISIONS FOR APPLICATIONS SUBMITTED ELECTRONICALLY
AND AUTOMATIC APPROVALS FOR APPLICATIONS IF DECISIONS ARE NOT
TIMELY ISSUED; LIMITING COUNTY OR MUNICIPALITY ZONING AUTHORITY
OVER CERTAIN DEVELOPMENTS; REQUIRING RULE ADOPTION.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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SECTION 1. A new section of the Construction Industries
Licensing Act, Section 60-13-45.1 NMSA 1978, is enacted to
read:
"60-13-45.1. [NEW MATERIAL ] DIVISION DUTIES--STATEWIDE
PROCEDURES--STEPS FOR PROJECTS--TEMPLATES--APPLICATIONS--
ELECTRONIC ACCESS.--
A. The division shall develop or update as
necessary standardized procedures and application templates
consistent with the provisions of this section to be used
statewide for construction projects. The procedures and
application templates shall be:
(1) adopted by rule of the division;
(2) based on the most recent adopted building
codes and rules; and
(3) applicable to all authorities having
jurisdiction in the state.
B. In developing or updating the procedures
required in Subsection A of this section, the division shall
make the procedures publicly available in an electronic
downloadable format on the division's website and for use on
the website of each authority having jurisdiction. The
procedures shall include for each type of construction project:
(1) a uniform list of steps required during
the construction project, from permit request to project
completion and approval, and shall include the order in which
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each step shall be taken;
(2) a list of each permit required for the
project, including the process to obtain the permit,
electronically or otherwise;
(3) a list of each approval required,
including plan approval, zoning approval, inspections or any
other approval required for the project;
(4) the procedure to appeal the denial of a
permit or approval request; and
(5) any other step required by the division,
including the manner in which to obtain final approval for use
or occupancy.
C. The division shall prescribe an application
template for each type of construction project that requires an
application and a permit. Each template shall be available in
an electronic downloadable format on the division's website and
on the website of each authority having jurisdiction and shall
include:
(1) directions for completing and submitting
the application online or by print;
(2) directions for electronic or print
submission of a completed application to the division or the
authority having jurisdiction; and
(3) directions for tracking the status of a
submitted application.
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D. The division shall prescribe application
templates for permits for work to be performed for a
construction project and include with the template information
detailing who is eligible to obtain each type of permit. The
following application templates shall be prescribed:
(1) a general building permit for new
construction, structural additions and alterations, demolition,
roofing, storage sheds, fencing, site development, asphalt
paving and overlay and excavation and grading;
(2) an electrical permit;
(3) a mechanical or plumbing permit;
(4) a liquid petroleum gas permit; and
(5) any other permit required for a
construction project.
E. The division shall develop or update as
necessary and consistent with this section the process for
electronic submission and tracking of applications for permits.
The process shall include the following electronic application
submission decision time lines:
(1) for permits involving residential
construction projects, a decision shall be issued within thirty
days of submission of a complete application;
(2) for permits involving multi-units,
including apartments, townhomes, senior housing or similar
construction projects, a decision shall be issued within ninety
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days of submission of a complete application; and
(3) for permits involving master plan
construction projects, a decision shall be issued within one
hundred twenty days of submission of a complete application.
F. For any application for a permit submitted
pursuant to this section, if the decision is not issued within
the required time line, the permit shall be approved.
G. The division or an authority having jurisdiction
shall review and issue an approval, conditional approval or
denial of a permit for all applications and master plan
approvals for construction projects involving:
(1) fewer than two thousand five hundred
dwelling units;
(2) accessory dwelling units; and
(3) land use changes as described in Section
3-21-6 NMSA 1978 to be completed by professional individuals or
entities.
H. If, after submission to the division or an
authority having jurisdiction of an application and any
documentation for a construction project as required by
division rule, a permit is denied or a conditional approval is
issued, a notice of the denial or conditional approval shall be
sent to the applicant electronically and through certified
mail. The denial shall be referred to a hearing officer
designated by the director of the division for immediate
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review, and a decision shall be issued by the hearing officer
within ten days of that review.
I. The decision of a hearing officer as provided in
Subsection H of this section shall be appealed to the district
court as provided in Section 39-3-1.1 NMSA 1978.
J. No later than December 1, 2025, the division
shall adopt rules in accordance with this section.
K. As used in this section:
(1) "accessory dwelling unit" means a dwelling
unit that is accessory to a primary single-family or two-family
detached dwelling or non-residential use;
(2) "application template" means a
standardized format for an application for a permit;
(3) "authority having jurisdiction" means the
state or a municipality, county or other political subdivision
of the state that has a full-service building department
employing a full-time certified building official and has
permitting, inspection and enforcement authority over the
general construction and electrical and mechanical-plumbing
trades within its jurisdiction; and
(4) "construction project" means a project
involving a building or structure that, pursuant to the
Construction Industries Licensing Act or rules promulgated
under that act, requires a permit in order to:
(a) erect the building or structure;
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(b) enlarge, alter, repair, move,
improve, remove, convert or demolish the building or structure;
or
(c) perform electrical wiring work,
plumbing or mechanical work or liquid petroleum gas work as
defined and described in the applicable New Mexico construction
codes for those trades, including installation, repair,
alteration or maintenance in or on the building or structure."
SECTION 2. 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. Except as provided in Section 60-13-45.1 NMSA
1978, 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:
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(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
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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 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. Zoning authorities, including zoning authorities
of home rule municipalities, shall not have zoning authority
for master plan developments of fewer than two thousand five
hundred dwelling units.
[G.] H. For the purpose of this section,
"multigenerational" means any number of persons related by
blood, common ancestry, marriage, guardianship or adoption."
SECTION 3. Section 3-21-6 NMSA 1978 (being Laws 1965,
Chapter 300, Section 14-20-4, as amended) is amended to read:
"3-21-6. ZONING--MODE OF DETERMINING REGULATIONS,
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RESTRICTIONS AND BOUNDARIES OF DISTRICT--PUBLIC HEARING
REQUIRED--NOTICE.--
A. Except as provided in Section 60-13-45.1 NMSA
1978, the zoning authority within its jurisdiction shall
provide by ordinance for the manner in which zoning
regulations, restrictions and the boundaries of districts are:
(1) determined, established and enforced; and
(2) amended, supplemented or repealed.
B. No zoning regulation, restriction or boundary
shall become effective, amended, supplemented or repealed until
after a public hearing at which all parties in interest and
citizens shall have an opportunity to be heard. Notice of the
time and place of the public hearing shall be published, at
least fifteen days prior to the date of the hearing, within its
respective jurisdiction. Whenever a change in zoning is
proposed for an area of one block or less, notice of the public
hearing shall be mailed by certified mail, return receipt
requested, to the owners, as shown by the records of the county
treasurer, of lots [of ] or land within the area proposed to be
changed by a zoning regulation and within one hundred feet,
excluding public [right-of-way ] right of way, of the area
proposed to be changed by zoning regulation. Whenever a change
in zoning is proposed for an area of more than one block,
notice of the public hearing shall be mailed by first class
mail to the owners, as shown by the records of the county
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treasurer, of lots or land within the area proposed to be
changed by a zoning regulation and within one hundred feet,
excluding public [right-of-way ] right of way, of the area
proposed to be changed by zoning regulation. If the notice by
first class mail to the owner is returned undelivered, the
zoning authority shall attempt to discover the owner's most
recent address and shall remit the notice by certified mail,
return receipt requested, to that address.
C. If the owners of twenty percent or more of the
area of the lots and land included in the area proposed to be
changed by a zoning regulation or within one hundred feet,
excluding public [right-of-way ] right of way, of the area
proposed to be changed by a zoning regulation protest in
writing the proposed change in the zoning regulation, the
proposed change in zoning shall not become effective unless the
change is approved by a majority vote of all the members of the
governing body of the municipality or by a two-thirds vote of
all the members of the board of county commissioners."
SECTION 4. EFFECTIVE DATE.--The effective date of the
provisions of this act is July 1, 2025.
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