Accessory Structures in Las Cruces, NM (2026)
4 verified accessory structures rules for Las Cruces, New Mexico, sourced directly from the municipal code and official government pages.
Verified from official government sources
ADU Rules
Las Cruces allows one accessory dwelling unit (ADU) per single-family lot in the EE, RE, REM and R-1 zoning districts under Land Development Code Section 38-33A. The unit must share a roof and internal access with the main house, house only family members, and the owner must live on-site at least six months a year. New construction is capped at 30 percent of the home's floor area.
Las Cruces Accessory Dwelling Unit Zoning Rules
Some RestrictionsLas Cruces, NM, Land Development Code § 38-53, Section 38-33A (Accessory Dwelling Unit)
Accessory dwelling unit means a self-contained living quarter containing independent kitchen (cooking/culinary) facilities attached to and under the same roof as the main dwelling, created by: 1.The conversion of an existing single-family dwelling; or 2.The addition to an existing single-family dwelling...This use shall be permitted provided: a) Owner of record shall reside in either the main o...
ADU Owner Occupancy
Owning an accessory dwelling unit (ADU) in Las Cruces comes with a residency string attached: under Land Development Code Section 38-33A(a), the owner of record must actually live in either the main house or the ADU for at least six months of every calendar year. Only hospitalization or a similar medical emergency excuses a longer absence.
Las Cruces ADU Owner-Occupancy Requirement
Some RestrictionsLas Cruces, NM, Land Development Code § 38-53, Section 38-33A(a) (ADU owner-occupancy)
a)Owner of record shall reside in either the main or accessory dwelling unit for a minimum of six months of each calendar year. Instances where non-residency occurs in excess of six months due to a legitimate illness or accident requiring hospitalization or special care shall be exempt from this provision; and...k)The accessory dwelling unit use shall be discontinued on the grounds of non-compl...
ADU Rental Restrictions
A Las Cruces accessory dwelling unit cannot be rented out on the open market. Land Development Code Section 38-33A(c) requires ADUs to be created solely to house family members, and Section 38-33A(k) voids the whole approval the moment ownership changes and a non-family tenant occupies the unit, forcing reconversion to a single-family home.
Las Cruces ADU Rental Restriction Rules
Significant RestrictionsLas Cruces, NM, Land Development Code § 38-53, Section 38-33A(c), (k) (ADU family occupancy)
c)Accessory dwelling units shall be created solely to accommodate those related to the family. Actual occupancy is subject to Item a) above; and...k)...A change in ownership of property where an accessory dwelling unit exists for a person(s) who is/are no longer a family member of the accessory dwelling unit occupant or a change in the intended accessory dwelling unit occupancy status shall cau...
Shed & Carport Rules
A detached backyard shed in Las Cruces skips a building permit only if it is a one-story accessory structure of 120 square feet or less, under New Mexico's statewide permit-exception rule at NMAC 14.5.2.9(B)(1), which Las Cruces enforces as part of its adopted residential code. Larger sheds and most other accessory structures need a full building permit.
Las Cruces Shed Size Limit & Permit Exemption
Light RestrictionsN.M. Admin. Code § 14.5.2.9(B)(1), (B)(3)
14.5.2.9 EXCEPTIONS TO REQUIREMENT FOR PERMITS: Permits shall not be required for the following: ... B. Residential: See section R105 of the IRC except as provided below: (1) Section 105.2 (1) - One-story detached accessory structures provided that the floor area does not exceed 120 square feet (18.58 m2). ... (3) Section R105.2 (3) - Retaining walls that retain less than 36 inches (915mm) of u...
Looking for Doña Ana County county-wide rules?
County ordinances apply to unincorporated areas and may supplement Las Cruces city rules.
Accessory Structures in Doña Ana County →