HOUSE BILL 582
57th 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:
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 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.
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 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 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;
(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:
(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. 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, 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 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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