Housing (Zoning)

This bill would revise New Mexico's zoning laws to allow apartment buildings in areas currently zoned for commercial use, permit duplexes and townhouses in single-family residential zones, and let small businesses (like shops or cafes) operate in residential neighborhoods. It removes restrictions on building height and story count, prohibits minimum parking requirements for new developments (except for accessible parking), and requires local governments to adopt these changes. The law directly affects cities and counties by changing how they approve housing and mixed-use projects, impacting developers, property owners, and residents seeking more housing options.

HB 138 prohibits New Mexico counties and municipalities from requiring minimum lot sizes for residential properties. This directly affects local zoning authorities, homebuilders, and homeowners in residential areas by removing a common zoning requirement. The bill includes exemptions for small disability community residences (serving ≤10 people) and traditional historic communities, but otherwise eliminates this zoning standard statewide. It does not address other zoning rules like building height or yard sizes.

HB 17 allows homeowners in New Mexico to build accessory dwelling units (ADUs), such as small apartments or cottages on the same property as a primary residence, in residential zoning districts. The bill requires local governments to permit at least one ADU per residential lot without imposing owner-occupancy rules, extra fees, or more than one parking space per unit. It also permits multifamily housing (like duplexes) in commercial districts and areas near public transit stops or rail stations. ADUs must be independent living units with separate entrances, cooking, and sanitation facilities, and cannot exceed 1,000 square feet in size. This law aims to increase housing options by streamlining the process for adding secondary units to existing properties.