Enabling statute

New Mexico

Zoning Regulations (NMSA 1978, Chapter 3 - Municipalities, Article 21)

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Summary

New Mexico delegates zoning power to local governments under NMSA 1978, Chapter 3, Article 21 (Zoning Regulations). The key enabling provision, Section 3-21-1, expressly designates "a county or municipality" as a "zoning authority" and grants it power to regulate building height, lot coverage, open space, population density, and the location and use of buildings and land for the purpose of promoting health, safety, morals, or the general welfare—classic Standard State Zoning Enabling Act language. The same authority allows the local government to divide its territory into districts and impose district-specific regulations that must be uniform within each district. Companion sections require that zoning conform to a comprehensive plan (3-21-5) and provide for boards of adjustment, variances, and appeals; certain class A counties and municipalities may also exercise concurrent extraterritorial zoning authority (3-21-3 et seq.). The model is therefore county-and-municipal delegation rather than state-level land use control.

The delegation

§ 3-21-1. Zoning; authority of county or municipality. A. 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.

Verification

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All elements of the claim are confirmed against multiple sources (Justia codes incl. 2024 and 2025 compilations, FindLaw, NM Legislature, LawServer). (a) Real, current statute: NMSA 1978, Chapter 3 (Municipalities), Article 21 (Zoning Regulations) runs from Section 3-21-1 through 3-21-26 — the exact range claimed. Justia's own article title for Article 21 reads "Zoning Regulations, 3-21-1 through 3-21-26," confirming the upper bound including 3-21-26 (part of the Special Zoning District Act, §§ 3-21-15 to 3-21-26). The provisions appear in the 2024 and 2025 statute compilations with no repeal found, so they are current. (b) Genuine zoning enabling authority: Section 3-21-1 ("Zoning; authority of county or municipality") expressly states that "for the purpose of promoting health, safety, morals or the general welfare, a county or municipality is a zoning authority" and may regulate building height/stories/size, percentage of lot occupied, size of yards/courts/open space, density of population, and location and use of buildings/structures/land — verbatim Standard State Zoning Enabling Act language, as the summary asserts. It also authorizes division of territory into districts with regulations uniform within each district. This is the primary zoning enabling statute for NM, not an unrelated or repealed provision. (c) Companion sections and authority model accurate: Section 3-21-5 ("Zoning; conformance to comprehensive plan") confirmed. Extraterritorial zoning provisions confirmed at 3-21-3 (procedure for extraterritorial zoning) and 3-21-3.3 (concurrent extraterritorial authority for certain class A counties/municipalities), matching the summary. The statute designates BOTH counties and municipalities as zoning authorities under state delegation, so authority_model = county_and_municipal is accurate; this is local delegation, not state-level land use control. Minor non-substantive note: 3-21-5 today states the comprehensive plan is "an advisory document only and not binding," and county comprehensive plans follow 3-21-5.1/3-21-5.2 — consistent with, and slightly more detailed than, the summary's characterization. Does not affect verification. Note also that NM county/municipal subdivision authority lives separately (e.g., Ch. 47), but the zoning enabling authority cited here is correct.