SENATE BILL 570

50th legislature - STATE OF NEW MEXICO - first session, 2011

INTRODUCED BY

Phil A. Griego

AN ACT

RELATING TO MUNICIPALITIES; ADDING A DEFINITION TO THE MANUFACTURED HOUSING AND ZONING ACT; ALLOWING SINGLE-SECTION MANUFACTURED HOMES IN CERTAIN ZONES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     SECTION 1. Section 3-21A-2 NMSA 1978 (being Laws 1987, Chapter 196, Section 2, as amended) is amended to read:

     "3-21A-2. DEFINITIONS.--As used in the Manufactured Housing and Zoning Act:

          A. "multi-section manufactured home" means a manufactured home or modular home that is a single-family dwelling with a heated area of at least thirty-six by

twenty-four feet and at least eight hundred sixty-four square feet and constructed in a factory to the standards of the United States department of housing and urban development, the National Manufactured Housing Construction and Safety Standards Act of 1974 and the Housing and Urban Development Zone Code 2 or the Uniform Building Code, as amended to the date of the unit's construction, and installed consistent with the Manufactured Housing Act and with the rules [made] promulgated pursuant [thereto] to that act relating to permanent foundations;

          B. "mobile home" means a movable or portable housing structure larger than forty feet in body length, eight feet in width or eleven feet in overall height, designed for and occupied by no more than one family for living and sleeping purposes that is not constructed to the standards of the United States department of housing and urban development, the National Manufactured Housing Construction and Safety Standards Act of 1974 and the Housing and Urban Development Zone Code 2 or Uniform Building Code, as amended to the date of the unit's construction or built to the standards of any municipal building code; [and]

          C. "excavated site" means a site that results in the upper plane of the concrete slab, or similar component of any other authorized permanent foundation system, being below ground level or grade; and 

          D. "single-section manufactured home" means a manufactured home or modular home that is a single-family dwelling with a heated area of at least eight by forty feet that is constructed on its own chassis, towed and installed as a single unit and constructed in a factory to the standards of the United States department of housing and urban development, the National Manufactured Housing Construction and Safety Standards Act of 1974 and the Housing and Urban Development Zone Code 2 or the Uniform Building Code, as amended to the date of the unit's construction, and installed consistent with the Manufactured Housing Act and with the rules promulgated pursuant to that act relating to permanent foundations."

     SECTION 2. Section 3-21A-6 NMSA 1978 (being Laws 1987, Chapter 196, Section 6, as amended) is amended to read:

     "3-21A-6. PRIVATE COVENANTS AND DEED RESTRICTIONS--LOCAL GOVERNMENT RESTRICTIONS.--

          A. Nothing in the Manufactured Housing and Zoning Act or [any] an ordinance or [regulation] rule adopted pursuant [thereto] to that act shall be construed as abrogating or limiting a recorded restrictive covenant or deed restriction.

          B. The provisions of the Manufactured Housing and Zoning Act shall not be construed as abrogating or limiting the powers of political subdivisions regarding the exercise of zoning, planning and subdivision powers except to the extent the exercise of such powers is inconsistent with the provisions of the Manufactured Housing and Zoning Act and the Manufactured Housing Act.

           C. The provisions of the Manufactured Housing and Zoning Act shall not be construed as abrogating or limiting the powers of political subdivisions in the exercise of their zoning, planning and subdivision powers to allow a single-section manufactured home in any appropriate zone, including a specific-use district in which site-built, single-family housing is allowed."

- 4 -