NM
New Mexico House Bill HB582

New Mexico 2025 Regular Session

New Mexico House Bill HB582 Compare Versions

Only one version of the bill is available at this time.
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2828 HOUSE BILL 582
2929 57
3030 TH LEGISLATURE
3131 -
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3333 STATE
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3535 OF
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3737 NEW
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3939 MEXICO
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4242 FIRST SESSION
4343 ,
4444
4545 2025
4646 INTRODUCED BY
4747 Linda Serrato
4848 AN ACT
4949 RELATING TO CONSTRUCTION; ENACTING A NEW SECTION OF THE
5050 CONSTRUCTION INDUSTRIES LICENSING ACT TO REQUIRE THE
5151 CONSTRUCTION INDUSTRIES DIVISION OF THE REGULATION AND
5252 LICENSING DEPARTMENT TO DEVELOP AND ESTABLISH STATEWIDE
5353 PROCEDURES AND TEMPLATES FOR CONSTRUCTION PROJECTS REQUIRING
5454 PERMIT APPLICATIONS; REQUIRING AUTHORITIES WITH JURISDICTION TO
5555 ADHERE TO THE PROCEDURES AND USE THE TEMPLATES ESTABLISHED BY
5656 THE DIVISION; REQUIRING ONLINE ELECTRONIC APPLICATION ACCESS,
5757 COMPLETION AND SUBMISSION OPTIONS; REQUIRING SPECIFIC TIME
5858 LINES FOR DECISIONS FOR APPLICATIONS SUBMITTED ELECTRONICALLY
5959 AND AUTOMATIC APPROVALS FOR APPLICATIONS IF DECISIONS ARE NOT
6060 TIMELY ISSUED; LIMITING COUNTY OR MUNICIPALITY ZONING AUTHORITY
6161 OVER CERTAIN DEVELOPMENTS; REQUIRING RULE ADOPTION.
6262 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
6363 .230321.2 underscored material = new
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9090 SECTION 1. A new section of the Construction Industries
9191 Licensing Act, Section 60-13-45.1 NMSA 1978, is enacted to
9292 read:
9393 "60-13-45.1. [NEW MATERIAL ] DIVISION DUTIES--STATEWIDE
9494 PROCEDURES--STEPS FOR PROJECTS--TEMPLATES--APPLICATIONS--
9595 ELECTRONIC ACCESS.--
9696 A. The division shall develop or update as
9797 necessary standardized procedures and application templates
9898 consistent with the provisions of this section to be used
9999 statewide for construction projects. The procedures and
100100 application templates shall be:
101101 (1) adopted by rule of the division;
102102 (2) based on the most recent adopted building
103103 codes and rules; and
104104 (3) applicable to all authorities having
105105 jurisdiction in the state.
106106 B. In developing or updating the procedures
107107 required in Subsection A of this section, the division shall
108108 make the procedures publicly available in an electronic
109109 downloadable format on the division's website and for use on
110110 the website of each authority having jurisdiction. The
111111 procedures shall include for each type of construction project:
112112 (1) a uniform list of steps required during
113113 the construction project, from permit request to project
114114 completion and approval, and shall include the order in which
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143143 each step shall be taken;
144144 (2) a list of each permit required for the
145145 project, including the process to obtain the permit,
146146 electronically or otherwise;
147147 (3) a list of each approval required,
148148 including plan approval, zoning approval, inspections or any
149149 other approval required for the project;
150150 (4) the procedure to appeal the denial of a
151151 permit or approval request; and
152152 (5) any other step required by the division,
153153 including the manner in which to obtain final approval for use
154154 or occupancy.
155155 C. The division shall prescribe an application
156156 template for each type of construction project that requires an
157157 application and a permit. Each template shall be available in
158158 an electronic downloadable format on the division's website and
159159 on the website of each authority having jurisdiction and shall
160160 include:
161161 (1) directions for completing and submitting
162162 the application online or by print;
163163 (2) directions for electronic or print
164164 submission of a completed application to the division or the
165165 authority having jurisdiction; and
166166 (3) directions for tracking the status of a
167167 submitted application.
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196196 D. The division shall prescribe application
197197 templates for permits for work to be performed for a
198198 construction project and include with the template information
199199 detailing who is eligible to obtain each type of permit. The
200200 following application templates shall be prescribed:
201201 (1) a general building permit for new
202202 construction, structural additions and alterations, demolition,
203203 roofing, storage sheds, fencing, site development, asphalt
204204 paving and overlay and excavation and grading;
205205 (2) an electrical permit;
206206 (3) a mechanical or plumbing permit;
207207 (4) a liquid petroleum gas permit; and
208208 (5) any other permit required for a
209209 construction project.
210210 E. The division shall develop or update as
211211 necessary and consistent with this section the process for
212212 electronic submission and tracking of applications for permits.
213213 The process shall include the following electronic application
214214 submission decision time lines:
215215 (1) for permits involving residential
216216 construction projects, a decision shall be issued within thirty
217217 days of submission of a complete application;
218218 (2) for permits involving multi-units,
219219 including apartments, townhomes, senior housing or similar
220220 construction projects, a decision shall be issued within ninety
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249249 days of submission of a complete application; and
250250 (3) for permits involving master plan
251251 construction projects, a decision shall be issued within one
252252 hundred twenty days of submission of a complete application.
253253 F. For any application for a permit submitted
254254 pursuant to this section, if the decision is not issued within
255255 the required time line, the permit shall be approved.
256256 G. The division or an authority having jurisdiction
257257 shall review and issue an approval, conditional approval or
258258 denial of a permit for all applications and master plan
259259 approvals for construction projects involving:
260260 (1) fewer than two thousand five hundred
261261 dwelling units;
262262 (2) accessory dwelling units; and
263263 (3) land use changes as described in Section
264264 3-21-6 NMSA 1978 to be completed by professional individuals or
265265 entities.
266266 H. If, after submission to the division or an
267267 authority having jurisdiction of an application and any
268268 documentation for a construction project as required by
269269 division rule, a permit is denied or a conditional approval is
270270 issued, a notice of the denial or conditional approval shall be
271271 sent to the applicant electronically and through certified
272272 mail. The denial shall be referred to a hearing officer
273273 designated by the director of the division for immediate
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302302 review, and a decision shall be issued by the hearing officer
303303 within ten days of that review.
304304 I. The decision of a hearing officer as provided in
305305 Subsection H of this section shall be appealed to the district
306306 court as provided in Section 39-3-1.1 NMSA 1978.
307307 J. No later than December 1, 2025, the division
308308 shall adopt rules in accordance with this section.
309309 K. As used in this section:
310310 (1) "accessory dwelling unit" means a dwelling
311311 unit that is accessory to a primary single-family or two-family
312312 detached dwelling or non-residential use;
313313 (2) "application template" means a
314314 standardized format for an application for a permit;
315315 (3) "authority having jurisdiction" means the
316316 state or a municipality, county or other political subdivision
317317 of the state that has a full-service building department
318318 employing a full-time certified building official and has
319319 permitting, inspection and enforcement authority over the
320320 general construction and electrical and mechanical-plumbing
321321 trades within its jurisdiction; and
322322 (4) "construction project" means a project
323323 involving a building or structure that, pursuant to the
324324 Construction Industries Licensing Act or rules promulgated
325325 under that act, requires a permit in order to:
326326 (a) erect the building or structure;
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355355 (b) enlarge, alter, repair, move,
356356 improve, remove, convert or demolish the building or structure;
357357 or
358358 (c) perform electrical wiring work,
359359 plumbing or mechanical work or liquid petroleum gas work as
360360 defined and described in the applicable New Mexico construction
361361 codes for those trades, including installation, repair,
362362 alteration or maintenance in or on the building or structure."
363363 SECTION 2. Section 3-21-1 NMSA 1978 (being Laws 1965,
364364 Chapter 300, Section 14-20-1, as amended) is amended to read:
365365 "3-21-1. ZONING--AUTHORITY OF COUNTY OR MUNICIPALITY.--
366366 A. Except as provided in Section 60-13-45.1 NMSA
367367 1978, for the purpose of promoting health, safety, morals or
368368 the general welfare, a county or municipality is a zoning
369369 authority and may regulate and restrict within its jurisdiction
370370 the:
371371 (1) height, number of stories and size of
372372 buildings and other structures;
373373 (2) percentage of a lot that may be occupied;
374374 (3) size of yards, courts and other open
375375 space;
376376 (4) density of population; and
377377 (5) location and use of buildings, structures
378378 and land for trade, industry, residence or other purposes.
379379 B. The county or municipal zoning authority may:
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408408 (1) divide the territory under its
409409 jurisdiction into districts of such number, shape, area and
410410 form as is necessary to carry out the purposes of Sections
411411 3-21-1 through 3-21-14 NMSA 1978; and
412412 (2) regulate or restrict the erection,
413413 construction, reconstruction, alteration, repair or use of
414414 buildings, structures or land in each district. All such
415415 regulations shall be uniform for each class or kind of
416416 buildings within each district, but regulation in one district
417417 may differ from regulation in another district.
418418 C. All state-licensed or state-operated community
419419 residences for persons with a mental or developmental
420420 disability and serving ten or fewer persons may be considered a
421421 residential use of property for purposes of zoning and may be
422422 permitted use in all districts in which residential uses are
423423 permitted generally, including particularly residential zones
424424 for single-family dwellings.
425425 D. A board of county commissioners of the county in
426426 which the greatest amount of the territory of the petitioning
427427 village, community, neighborhood or district lies may declare
428428 by ordinance that a village, community, neighborhood or
429429 district is a "traditional historic community" upon petition by
430430 twenty-five percent or more of the qualified electors of the
431431 territory within the village, community, neighborhood or
432432 district requesting the designation. The number of qualified
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461461 electors shall be based on county records as of the date of the
462462 last general election.
463463 E. Any village, community, neighborhood or district
464464 that is declared a traditional historic community shall be
465465 excluded from the extraterritorial zone and extraterritorial
466466 zoning authority of any municipality whose extraterritorial
467467 zoning authority extends to include all or a portion of the
468468 traditional historic community and shall be subject to the
469469 zoning jurisdiction of the county in which the greatest portion
470470 of the traditional historic community lies.
471471 F. Zoning authorities, including zoning authorities
472472 of home rule municipalities, shall accommodate
473473 multigenerational housing by creating a mechanism to allow up
474474 to two kitchens within a single-family zoning district, such as
475475 conditional use permits.
476476 G. Zoning authorities, including zoning authorities
477477 of home rule municipalities, shall not have zoning authority
478478 for master plan developments of fewer than two thousand five
479479 hundred dwelling units.
480480 [G.] H. For the purpose of this section,
481481 "multigenerational" means any number of persons related by
482482 blood, common ancestry, marriage, guardianship or adoption."
483483 SECTION 3. Section 3-21-6 NMSA 1978 (being Laws 1965,
484484 Chapter 300, Section 14-20-4, as amended) is amended to read:
485485 "3-21-6. ZONING--MODE OF DETERMINING REGULATIONS,
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514514 RESTRICTIONS AND BOUNDARIES OF DISTRICT--PUBLIC HEARING
515515 REQUIRED--NOTICE.--
516516 A. Except as provided in Section 60-13-45.1 NMSA
517517 1978, the zoning authority within its jurisdiction shall
518518 provide by ordinance for the manner in which zoning
519519 regulations, restrictions and the boundaries of districts are:
520520 (1) determined, established and enforced; and
521521 (2) amended, supplemented or repealed.
522522 B. No zoning regulation, restriction or boundary
523523 shall become effective, amended, supplemented or repealed until
524524 after a public hearing at which all parties in interest and
525525 citizens shall have an opportunity to be heard. Notice of the
526526 time and place of the public hearing shall be published, at
527527 least fifteen days prior to the date of the hearing, within its
528528 respective jurisdiction. Whenever a change in zoning is
529529 proposed for an area of one block or less, notice of the public
530530 hearing shall be mailed by certified mail, return receipt
531531 requested, to the owners, as shown by the records of the county
532532 treasurer, of lots [of ] or land within the area proposed to be
533533 changed by a zoning regulation and within one hundred feet,
534534 excluding public [right-of-way ] right of way, of the area
535535 proposed to be changed by zoning regulation. Whenever a change
536536 in zoning is proposed for an area of more than one block,
537537 notice of the public hearing shall be mailed by first class
538538 mail to the owners, as shown by the records of the county
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567567 treasurer, of lots or land within the area proposed to be
568568 changed by a zoning regulation and within one hundred feet,
569569 excluding public [right-of-way ] right of way, of the area
570570 proposed to be changed by zoning regulation. If the notice by
571571 first class mail to the owner is returned undelivered, the
572572 zoning authority shall attempt to discover the owner's most
573573 recent address and shall remit the notice by certified mail,
574574 return receipt requested, to that address.
575575 C. If the owners of twenty percent or more of the
576576 area of the lots and land included in the area proposed to be
577577 changed by a zoning regulation or within one hundred feet,
578578 excluding public [right-of-way ] right of way, of the area
579579 proposed to be changed by a zoning regulation protest in
580580 writing the proposed change in the zoning regulation, the
581581 proposed change in zoning shall not become effective unless the
582582 change is approved by a majority vote of all the members of the
583583 governing body of the municipality or by a two-thirds vote of
584584 all the members of the board of county commissioners."
585585 SECTION 4. EFFECTIVE DATE.--The effective date of the
586586 provisions of this act is July 1, 2025.
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