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 standards. The code applies uniformly statewide through the Construction Industries Division.

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 permanent forfeiture of animals upon conviction.

New Mexico Statutes Chapter 76, Article 9 governs beekeeping statewide, requiring commercial apiary registration with the New Mexico Department of Agriculture. Importation of honey bees and used equipment requires a certificate of inspection regardless of local rules.

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 range areas, though municipalities regulate livestock within city limits.

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 groups, with Group IV species prohibited absent special authorization.

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 the Department of Game and Fish regardless of municipal location.

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 school setbacks.

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, statewide.

New Mexico has no statewide juvenile curfew. Authority to impose curfews on minors is delegated to municipalities under NMSA 3-18-1 general police powers. State law sets only baseline juvenile justice procedures under the Children's Code.

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 infrastructure or wildfires.

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 has no statewide predictive scheduling law and does not preempt local scheduling ordinances, leaving authority to municipalities to enact fair workweek protections.

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 Department of Homeland Security and Emergency Management.

New Mexico relies on EPA-administered NPDES stormwater permits and state Water Quality Act provisions to regulate construction and industrial stormwater discharges, with enforcement coordinated through the New Mexico Environment Department.

New Mexico requires residential swimming pools to be enclosed by a barrier meeting state building code standards, with minimum height, gate, and self-latching specifications applying uniformly statewide through adopted IRC provisions.

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 authorized by state agencies.

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 areas, with stricter local rules permitted.

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

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

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 Public Safety.

New Mexico law preempts local firearms regulation but allows certain restrictions, particularly for concealed carry on municipal property and at public events under specific local conditions.

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 premises.

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 requires a license.

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 apply uniformly regardless of city or county location.

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 come from the recorded declaration. Condominiums are different: NMSA 47-7C-16 gives them a statutory lien foreclosable like a mortgage.

The Homeowner Association Act requires transparency. NMSA 47-16-7 requires the board to adopt a budget annually and distribute it within 30 days. NMSA 47-16-17 sets meeting-notice rules, NMSA 47-16-5 gives members record-access rights, and most HOAs run as nonprofit corporations under New Mexico nonprofit law.

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 dispute before fining or suspending an owner, and both sides may use mediation, arbitration or other ADR instead of going straight to court.

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 fine or suspension, the board must offer a hearing on 14 days' notice and approve the penalty by majority vote.

New Mexico overrides some HOA restrictions. NMSA 3-18-32 makes any covenant that 'effectively prohibits' a solar collector void and unenforceable, and the Solar Rights Act (NMSA 47-3-1 et seq.) declares solar use a property right. NMSA 47-16-16 protects flag display. New Mexico has no statute protecting political yard signs.

The New Mexico Homemade Food Act allows direct sale of certain non-potentially hazardous foods made in home kitchens without commercial licensing, subject to labeling, sales limits, and venue restrictions enforced statewide.

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, background checks, and health and safety.

New Mexico does not mandate use of the federal E-Verify employment eligibility system for private employers and imposes no statewide statutory verification requirements beyond federal Form I-9.

New Mexico has no statewide statute making it a sanctuary state, though a 2019 executive directive limits state law enforcement cooperation with federal immigration authorities for civil enforcement purposes.

New Mexico law expressly encourages rainwater harvesting from rooftops for outdoor landscape irrigation, treating it as a beneficial use that does not require a water right. The state's Office of the State Engineer supports residential rainwater capture statewide.

Aircraft noise in New Mexico is governed exclusively by federal law. The FAA preempts state and local regulation of flight operations, leaving municipalities unable to impose curfews or noise limits on aircraft in flight.

New Mexico's Night Sky Protection Act regulates outdoor lighting statewide, requiring shielded fixtures, low-pressure lamp types, and curfews on certain commercial lighting to preserve dark skies for astronomy and the environment.

New Mexico addresses light trespass through the Night Sky Protection Act's shielding mandate, requiring outdoor lighting to direct illumination downward to minimize glare and spillover onto neighboring properties.

New Mexico statute defines abandoned vehicles and gives state and local law enforcement authority to tow, store, and dispose of vehicles left on public or private property without consent for prescribed periods.

New Mexico law restricts non-electric vehicles from occupying designated EV charging spaces, supporting state Clean Car and Clean Fuel goals while authorizing signage and enforcement under uniform traffic provisions.

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 cure period (NMSA 47-8-33(A)), and a substantial violation allows termination on not less than 3 days' notice (NMSA 47-8-33(I)).

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 supply running and hot water and reasonable heat. If the owner fails to repair after notice, NMSA 47-8-27.2 lets the resident abate rent.

The New Mexico Uniform Owner-Resident Relations Act (NMSA Chapter 47, Article 8) governs all residential evictions statewide, establishing notice periods and grounds. The act preempts local just-cause eviction ordinances on most procedural matters.

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 repairs the resident requested within seven days, or when accompanied by a public official or utility representative.

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 based on rent only (not deposits, fees, or utilities), and the fee must be noticed by the end of the next rental period.

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 fixed-term lease ends on its stated date. The notice must be in writing and given to the other party.

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. There is no statewide rent cap and no New Mexico city has rent control. A narrow exception applies to government-subsidized low- and moderate-income housing.

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 the periodic rental date. New Mexico sets no cap on the amount and preempts local rent control.

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 cap, but a deposit above one month's rent must earn interest. The deposit and an itemized statement are due within 30 days of termination.

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 claimed (NMSA 37-1-22). All three elements are required, making successful squatter claims rare.

New Mexico permits local agricultural zoning while limiting how local ordinances may restrict established farm operations protected under the state Right to Farm Act.

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

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 statewide.

New Mexico restricts political signs in highway rights-of-way under the state's Highway Beautification Act and Election Code, applying uniform statewide rules regardless of municipal preferences for state-maintained roads.

New Mexico has no statewide preemption on plastic bag regulation, allowing municipalities and counties to ban or charge fees for single-use plastic carryout bags as they choose.

New Mexico has no statewide ban or preemption on expanded polystyrene foam containers, leaving cities and counties free to regulate or prohibit foam food service items.

New Mexico does not regulate plastic straws at the state level and does not preempt local authority, allowing cities to enact straws-on-request or outright ban ordinances.

Under NMSA 47-3-4, any covenant or restriction effective after July 1, 1978 that effectively prohibits solar collector installation is void and unenforceable statewide. HOAs may impose reasonable conditions but cannot ban solar panels.

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 specifically caps local restrictions on solar collectors statewide.

New Mexico Construction Industries Division adopted the Uniform Swimming Pool, Spa, and Hot Tub Code statewide, mandating minimum 48-inch barriers around outdoor pools. These requirements apply uniformly under NMAC 14.8.3 to all CID-permitted construction.

Hot tubs and spas in New Mexico are regulated under the same Uniform Swimming Pool, Spa, and Hot Tub Code adopted by NMAC 14.8.3, with public spas additionally covered by NMAC 7.18.3. Barrier and equipment requirements apply uniformly statewide.

NMAC 7.18.2 establishes statewide health and safety rules for public swimming pools enforced by the New Mexico Environment Department. Operators must maintain water quality, lifeguards where required, and submit construction plans regardless of local ordinances.

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 penalties.

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.

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 prevention rules.

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

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 governments.