HOUSE BILL 202
56th legislature - STATE OF NEW MEXICO - second session, 2024
INTRODUCED BY
Doreen Y. Gallegos and Gail Armstrong and Ambrose Castellano and Tara Jaramillo
AN ACT
RELATING TO CHILD CARE; PROVIDING THAT COUNTY AND MUNICIPALITY ZONING AUTHORITIES SHALL TREAT REGISTERED CHILD CARE HOMES, LICENSED FAMILY CHILD CARE HOMES AND LICENSED GROUP CHILD CARE HOMES AS RESIDENTIAL USE IN THE APPLICATION OF LOCAL REGULATIONS, INCLUDING ZONING, LAND USE DEVELOPMENT, FIRE AND SAFETY, SANITATION AND BUILDING CODES AND CANNOT IMPOSE ADDITIONAL REGULATIONS THAT DO NOT ALSO APPLY TO OTHER PRIVATE RESIDENCES; CLARIFYING THE APPLICATION OF RULES PROMULGATED PURSUANT TO CHAPTER 59A, ARTICLE 52 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--EXCEPTIONS.--
A. Except as provided in Subsection H of this section, 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:
(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 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. For the purpose of this section, "multigenerational" means any number of persons related by blood, common ancestry, marriage, guardianship or adoption.
H. County and municipal zoning authorities, including zoning authorities for home rule municipalities, shall treat registered child care homes, licensed family child care homes and licensed group child care homes, as defined in the Early Childhood Education and Care Department Act, as residential use in the application of local regulations, including zoning, land use development, fire and life safety, sanitation and building codes, and shall not impose additional regulations that do not also apply to other private residences."
SECTION 2. Section 3-21-11 NMSA 1978 (being Laws 1965, Chapter 300, Section 14-20-9) is amended to read:
"3-21-11. CONFLICTS BETWEEN ZONING REGULATIONS AND OTHER STATUTES AND ORDINANCES.--Except as provided in Subsection H of Section 3-21-1 NMSA 1978, if any other statute or regulation or other local ordinance, resolution or regulation adopted under authority of Sections [14-20-1 through 14-20-12 New Mexico Statutes Annotated, 1953 Compilation] 3-21-1 through 3-21-14 NMSA 1978 is applicable to the same premises, the provision shall govern which requires:
A. the greater width or size of yards, courts or other open spaces;
B. the lower height of building or a less number of stories;
C. the greater percentage of lot or land to be left unoccupied; or
D. [or imposes] other higher standards."
SECTION 3. Section 59A-52-18 NMSA 1978 (being Laws 1984, Chapter 127, Section 964, as amended) is amended to read:
"59A-52-18. RULES--STATEWIDE EFFECT--RESERVED POWER OF MUNICIPALITIES--TRAINING.--
A. The rules promulgated pursuant to Chapter 59A, Article 52 NMSA 1978 shall have uniform force and effect throughout the state and no municipality or subdivision shall enact or enforce any ordinances or rules inconsistent with the statewide rules promulgated pursuant to that article. Nothing in that article shall in any way:
(1) impair the power of any municipality to regulate the use of its land by zoning, building codes or restricted fire district rules; provided that a municipality, including a home rule municipality, shall not impose regulations on registered child care homes, licensed family child care homes or licensed group child care homes that do not also apply to other private residences; or
(2) impair the power of the early childhood education and care department to determine standards and regulate registered child care homes, licensed family child care homes and licensed group child care homes.
B. The state fire marshal shall offer training to certified firefighters to assist with fire and fire safety inspections."
SECTION 4. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2024.
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