Summary:

 House Bill 582 (HB 582) enacts a new section of the Construction Industries Licensing Act to require the Construction Industries Division (Division) of the Regulation and Licensing Department to develop and establish statewide procedures and templates for construction projects requiring permit applications; requires authorities with jurisdiction to adhere to the procedures and use the templates established by the Division; requires online electronic application access, completion and submission options; requires specific timelines for decisions for applications submitted electronically and automatic approvals for applications if decisions are not timely issued; limits county or municipality zoning authority over certain developments; and requires rule adoption.  

Legislation Overview:

 House Bill 582 (HB 582) enacts a new section of the Construction Industries Licensing Act (Act).

Section 60-13-45.1 NMSA 1978 is enacted to read: 

A.	The Division must develop or update as necessary standardized procedures and application templates consistent with the provisions of this section to be used statewide for construction projects. In developing or updating the procedures, the Division must post the procedures on the Division's website and make them available for the website of each authority having jurisdiction. 

B.	Requirements for procedures for each type of construction project are detailed.

C.	The Division must prescribe application templates for permits for work to be performed for a construction project and include with the template information detailing who is eligible to obtain each type of permit. The types of templates prescribed are detailed.

D.	The Division must develop or update as necessary the process for electronic submission and tracking of applications for permits. The requirements for the process are detailed.

E.	For any application for a permit, if the decision is not issued within the required timeline, the permit must be approved. 

F.	The Division or an authority having jurisdiction shall review and issue an approval, conditional approval or denial of a permit for all applications and master plan approvals for selected construction projects. 

G.	If, after submission to the Division or an authority having jurisdiction of an application and any documentation for a construction project as required by division rule, a permit is denied or a conditional approval is issued, a notice of the denial or conditional approval must be sent to the applicant electronically and through certified mail. Additional requirements and allowances related to denials are provided.

H.	No later than December 1, 2025, the Division must adopt rules in accordance with this section. 

I.	Definitions are provided for "accessory dwelling unit," "application template," (3) "authority having jurisdiction," and (4) "construction project." 

Section 3-21-1 NMSA 1978 is amended to read: 

A. Except as provided in Section 60-13-45.1 NMSA 1978, 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. 

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. 

D. A board of county commissioners of the county in which the greatest amount of the territory of the petitioning village, community, neighborhood or district lies may declare by ordinance that a village, community, neighborhood or district is a "traditional historic community" upon petition by twenty-five percent or more of the qualified electors of the territory within the village, community, neighborhood or district requesting the designation. 

E. Any village, community, neighborhood or district that is declared a traditional historic community is to be excluded from the extraterritorial zone and extraterritorial zoning authority of any municipality whose extraterritorial zoning authority extends to include all or a portion of the traditional historic community and will be subject to the zoning jurisdiction of the county in which the greatest portion of the traditional historic community lies. 

F. Zoning authorities, including zoning authorities of home rule municipalities, must accommodate multigenerational housing by creating a mechanism to allow up to two kitchens within a single-family zoning district, such as conditional use permits. 

G. Zoning authorities, including zoning authorities of home rule municipalities, will not have zoning authority for master plan developments of fewer than two thousand five hundred dwelling units. 

Section 3-21-6 NMSA 1978 is amended to read:

A. Except as provided in Section 60-13-45.1 NMSA 1978, the zoning authority within its jurisdiction shall provide by ordinance for the manner in which zoning regulations, restrictions and the boundaries of districts are: (1) determined, established and enforced; and (2) amended, supplemented or repealed. 

B. No zoning regulation, restriction or boundary shall become effective, amended, supplemented or repealed until after a public hearing at which all parties in interest and citizens shall have an opportunity to be heard. 

C. If the owners of twenty percent or more of the area of the lots and land included in the area proposed to be changed by a zoning regulation protest in writing the proposed change in the zoning regulation (with certain exceptions and conditions), the proposed change in zoning will not become effective unless the change is approved by a majority vote of all the members of the governing body of the municipality or by a two-thirds vote of all the members of the board of county commissioners.




 

Current Law:

 The Construction Industries Division (Division) is not currently required by law, in the manner proposed by the act, to develop, establish and enforce the use of statewide procedures and templates for construction projects requiring permit applications. Other elated processes and requirements as proposed are not yet in place.