New Mexico Ordinances (2026)

New Mexico has adopted Appendix Q of the International Residential Code, allowing tiny houses on permanent foundations under 400 square feet to meet relaxed loft, ceiling, and stair…

New Mexico Statutes Chapter 76, Article 9 governs beekeeping statewide, requiring commercial apiary registration with the New Mexico Department of Agriculture. Importation of honey…

New Mexico is a fence-out state under NMSA 77-16-1, meaning landowners must fence livestock OUT of property. Counties cannot restrict free-running livestock in unincorporated open…

New Mexico statute 77-18-1 and NMAC 19.35.7 regulate possession of exotic animals statewide. The Department of Game and Fish classifies non-domesticated species into four importation…

NMSA 30-18-1 universally criminalizes animal cruelty statewide, including failing to provide sustenance to animals in custody. Companion animal hoarding triggers cruelty charges and…

Under NMSA 17-2 and Game Commission rules, intentionally feeding or baiting big game animals to create nuisance conditions is unlawful statewide. Violations are enforced uniformly by…

New Mexico requires retailers selling electronic cigarettes and vape products to obtain tobacco licenses, comply with age-21 sales restrictions, and follow packaging and youth-access…

The Cannabis Regulation Act preempts outright bans on cannabis retailers but lets local governments set time, place, and manner zoning, subject to state minimums on density, hours, and…

The New Mexico Cannabis Regulation Act allows adults 21 and older to grow up to six mature and six immature cannabis plants per person, capped at 12 mature plants per household…

Recreational drone operation in New Mexico is governed primarily by FAA Part 107 and 49 USC 44809, with state laws restricting voyeurism, hunting interference, and use over critical…

New Mexico sets a statewide minimum wage but does not preempt local minimum wage ordinances, allowing cities and counties to set higher local minimums than state law.

New Mexico has enacted statewide paid sick leave through the Healthy Workplaces Act and does not preempt cities from adopting additional leave protections beyond state requirements.

New Mexico's statewide erosion-control policy lives in the Soil and Water Conservation District Act, NMSA 1978 Section 73-20-26, which commits the legislature to control and prevent…

New Mexico law requires communities to participate in the National Flood Insurance Program and adopt floodplain ordinances meeting state and federal minimums administered by the…

New Mexico is a fence-out state. NMSA 1978, Section 77-16-1 puts the burden on the landowner to build a legal fence to keep trespassing livestock off cultivated land; a neighbor who…

The New Mexico Fireworks Licensing and Safety Act preempts local bans on permissible consumer fireworks, but allows municipalities to restrict use during severe drought conditions when…

New Mexico Environment Department regulates open burning statewide under the Air Quality Control Act, requiring permits or notification and prohibiting trash burning in most populated…

New Mexico's LPG Bureau regulates propane storage, installation, and transport statewide under uniform safety codes, preempting local variations on tank specifications, setbacks, and…

New Mexico's State Forestry Division administers wildfire prevention statewide on non-federal lands, designates fire-prone zones, and may impose emergency restrictions overriding…

New Mexico requires a state-issued concealed handgun license to carry a concealed firearm, with training, background checks, and age requirements administered by the Department of…

New Mexico firearms preemption is constitutional, not statutory. Article II, Section 6 of the state constitution bars any municipality or county from regulating 'in any way' an…

Open carry of firearms is generally legal in New Mexico without a permit for adults, though state law and the constitution restrict carry in specific locations and on certain public…

New Mexico permits adults to carry a loaded firearm in a private vehicle without a permit, treating the vehicle as an extension of the home, though concealed carry on the person still…

All retail food establishments including mobile food units in New Mexico must obtain a food permit from the New Mexico Environment Department under NMAC 7.6.2. State health permits…

New Mexico has no license for a stand-alone commercial casino. The Gaming Control Act confines casino-style gaming machines to two venue classes: horse racetracks running live races…

New Mexico requires any nonprofit that runs bingo, raffles, or pull-tabs for the public to hold a Gaming Control Board license under the Bingo and Raffle Act, NMSA 1978 §§ 60-2F-3 and…

New Mexico has never passed a law legalizing sports betting. Wagering on sporting events is a crime under NMSA 1978 sections 30-19-1 to 30-19-15 and the Gaming Control Act, enforced by…

The New Mexico Homeowner Association Act (NMSA 47-16-1 to 47-16-18) does not create a statutory assessment lien for ordinary HOAs; collection and any lien or foreclosure power must…

New Mexico lets the developer, called the declarant, appoint and remove the whole homeowner association board at the start, but NMSA 1978, Section 47-16-8 forces a handover on a fixed…

NMSA 47-16-18 governs how a New Mexico HOA enforces its 'community documents' (declaration, bylaws, articles and rules). The association must give written notice and an opportunity to…

New Mexico sets no dollar cap on HOA fines, but NMSA 47-16-18 lets an association levy only 'reasonable fines' and only after written notice and an opportunity to dispute. Before a…

New Mexico's Homemade Food Act (NMSA 25-12-1 to 25-12-5) lets home producers sell low-risk, shelf-stable foods directly to consumers without a permit or state registration. Products…

New Mexico requires registration or licensing of in-home child care providers through the Early Childhood Education and Care Department, with statewide standards on capacity, ratios…

New Mexico's Night Sky Protection Act (NMSA 74-12-1 to 74-12-11) requires most outdoor lighting fixtures installed after July 1, 2019 to be shielded so light is cast below the…

New Mexico defines an abandoned vehicle as one a law enforcement agency determines has been left unattended on public or private property for at least 30 days, unclaimed and not…

New Mexico regulates every nonconsensual tow through 18.3.12 NMAC, a rule the New Mexico Department of Transportation reissued effective July 1, 2024. A towing service may not touch a…

For nonpayment of rent, NMSA 47-8-33(D) requires a 3-day written notice to pay or quit before the owner may terminate. A material lease breach affecting health or safety gets a 7-day…

NMSA 47-8-20 requires New Mexico owners to keep rentals safe and habitable: comply with housing codes, make repairs, maintain electrical, plumbing, heating, and sanitary systems, and…

NMSA 47-8-24 requires a New Mexico owner to give 24 hours' written notice before entering, stating the purpose and a reasonable time estimate. No notice is needed in an emergency, for…

NMSA 47-8-15(D) caps a New Mexico late fee at 5 percent of the rent for each rental period in default: cut from 10 percent by a 2025 amendment effective June 20, 2025. Late fees are…

Under NMSA 47-8-37, either party may end a month-to-month residency with at least 30 days' written notice before the periodic rental date, or 7 days for a week-to-week residency. A…

New Mexico expressly preempts local rent control. State law bars any city, county, or home rule municipality from enacting an ordinance that controls rents on privately owned property…

Under the Uniform Owner-Resident Relations Act, NMSA 47-8-15(F) lets a New Mexico owner raise rent on a month-to-month residency only with written notice given at least 30 days before…

Under New Mexico's Uniform Owner-Resident Relations Act, a landlord on a lease shorter than one year cannot collect more than one month's rent as a deposit. Annual leases have no fixed…

New Mexico requires 10 years of continuous, good-faith adverse possession under color of title plus continuous payment of all state, county, and municipal taxes before title can be…

New Mexico's Right to Farm Act protects established agricultural operations from nuisance lawsuits when surrounding land uses change, provided operations follow generally accepted…

New Mexico authorizes municipalities and counties to levy a lodgers tax up to 5% on stays under 30 days, and the state imposes gross receipts tax on all short-term lodging revenue…

Under NMSA 47-3-4, any covenant or restriction effective after July 1, 1978 that effectively prohibits installing or using a solar collector is void and unenforceable statewide, and…

The New Mexico Solar Rights Act (NMSA 47-3) declares solar access a property right and limits how counties and municipalities can restrict solar collector installation. NMSA 3-18-32…

New Mexico prohibits the sale of tobacco products, electronic cigarettes, and nicotine products to anyone under 21, aligning with federal Tobacco 21 requirements and adding state…

New Mexico has not enacted a statewide ban on flavored tobacco or flavored vape products, leaving local governments authority to impose their own restrictions on flavored products.

The New Mexico Solid Waste Act establishes statewide disposal standards, prohibits unpermitted dumping, and requires bulky waste be taken to permitted facilities, with criminal…

New Mexico's Recycling and Illegal Dumping Act sets a statewide recycling goal and requires counties to plan disposal capacity, while leaving curbside recycling specifics to local…