reglab/housing_qa huggingface dataset:
NM Stat § 3-21-21 (2021)
2021 New Mexico Statutes|Chapter 3 - Municipalities|Article 21 - Zoning Regulations|Section 3-21-21 - Powers of the commission.

A. The commission shall have power within the district as part of the building and zoning ordinances, regulations and restrictions adopted by it in the manner otherwise provided by law, to regulate and restrict: (1) the height, number of stories and size of buildings and other structures; (2) the percentage of a lot that may be occupied; (3) the size of yards, courts and other open spaces; (4) the density of populations; (5) the location and use of buildings and structures; and (6) the use of lands for trade, industry, residence or other purposes. B. The commission shall adopt a comprehensive zoning plan or ordinance for the district that includes a master land use plan. History: 1953 Comp., § 14-20-19, enacted by Laws 1965, ch. 206, § 7; 1993, ch. 264, § 2. ANNOTATIONSThe 1993 amendment, effective June 18, 1993, added the present subsection designation A; substituted the paragraph designations (1) through (6) for the former designations A through F; in Subsection A, added the language beginning "as part" and ending "by law"; and added Subsection B. Change of zoning. — Zoning amendments adopted by a special zoning district commission which changed the zoning of two tracts of land from commercial neighborhood and apartment to commercial did not conflict with the county and adjoining municipal master plan or exceed the commission's zoning authority and did not constitute spot zoning. City of Albuquerque v. Paradise Hills Special Zoning Dist. Comm'n, 1983-NMSC-039, 99 N.M. 630, P.2d 1329. Law reviews. — For article, "Rural Development Considerations for Growth Management," see 43 Nat. Resources J. 781 (2003). Am. Jur. 2d, A.L.R. and C.J.S. references. — Zoning: residential off-street parking requirements, 71 A.L.R.4th 529. Validity and construction of zoning laws setting minimum requirements for floorspace or cubic footage inside residence, 87 A.L.R.4th 294.
NM Stat § 3-21-22 (2021)
2021 New Mexico Statutes|Chapter 3 - Municipalities|Article 21 - Zoning Regulations|Section 3-21-22 - Procedures for regulations or restrictions.

The procedure for the commission in establishing, amending or repealing the ordinances, regulations or restrictions provided in the Special Zoning District Act [3-21-15 to 3-21-26 NMSA 1978] shall be the same as for the governing body of counties in Sections 3-21-5 through 3-21-8 NMSA 1978. History: 1953 Comp., § 14-20-20, enacted by Laws 1965, ch. 206, § 8; 1993, ch. 264, § 3. ANNOTATIONSThe 1993 amendment, effective June 18, 1993, inserted "ordinances" and substituted "3-21-5 through 3-21-8 NMSA 1978" for "14-28-10 through 14-28-15 New Mexico Statutes Annotated, 1953 Compilation". Am. Jur. 2d, A.L.R. and C.J.S. references. — Enforcement of zoning regulation as affected by other violations, 4 A.L.R.4th 462.
NM Stat § 3-21-23 (2021)
2021 New Mexico Statutes|Chapter 3 - Municipalities|Article 21 - Zoning Regulations|Section 3-21-23 - Ordinance; penalty; remedies.

The commission may provide by ordinance for the enforcement of the Special Zoning District Act [3-21-15 to 3-21-26 NMSA 1978]. A violation of the Special Zoning District Act, or any ordinance made thereunder, is a misdemeanor. If the Special Zoning District Act or any ordinance made thereunder is violated, the commission, in addition to other remedies, may institute any appropriate action or proceeding to prevent, abate or restrain the violation. History: 1953 Comp., § 14-20-21, enacted by Laws 1965, ch. 206, § 9. ANNOTATIONSLaw reviews. — For note, "County Regulation of Land Use and Development," see 9 Nat. Resources J. 266 (1969). For article, "Existing Legislation and Proposed Model Flood Plain Ordinance for New Mexico Municipalities," see 9 Nat. Resources J. 629 (1969). Am. Jur. 2d, A.L.R. and C.J.S. references. — Validity of zoning ordinances prohibiting or regulating outside storage of house trailers, motor homes, campers, vans and the like in residential neighborhoods, 95 A.L.R.3d 378. Enforcement of zoning regulation as affected by other violations, 4 A.L.R.4th 462.
NM Stat § 3-21-24 (2021)
2021 New Mexico Statutes|Chapter 3 - Municipalities|Article 21 - Zoning Regulations|Section 3-21-24 - Enforcement.

The ordinances enacted under the authority of the Special Zoning District Act [3-21-15 to 3-21-26 NMSA 1978] shall be enforced by the district attorney and the sheriff of the county or counties in which the district is situate. History: 1953 Comp., § 14-20-22, enacted by Laws 1965, ch. 206, § 10. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — Enforcement of zoning regulation as affected by other violations, 4 A.L.R.4th 462.
NM Stat § 3-21-25 (2021)
2021 New Mexico Statutes|Chapter 3 - Municipalities|Article 21 - Zoning Regulations|Section 3-21-25 - Judicial review.

Any person aggrieved by any regulation, restriction, or ordinance made by the commission may file a claim for relief in the district court. History: 1953 Comp., § 14-20-23, enacted by Laws 1965, ch. 206, § 11. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — Standing of zoning board of appeals or similar board to appeal reversal of its decision, 13 A.L.R.4th 1130.
NM Stat § 3-21-26 (2021)
2021 New Mexico Statutes|Chapter 3 - Municipalities|Article 21 - Zoning Regulations|Section 3-21-26 - Costs incurred by zoning commission of special zoning district; fees.

All necessary costs incurred by the zoning commission of a special zoning district in connection with official acts performed pursuant to the Special Zoning District Act [3-21-15 to 3-21-26 NMSA 1978] shall be borne by the parties in interest. Provided, that the commission may by ordinance impose reasonable fees upon parties in interest and such fees shall be used to defray the costs incurred by the commission. For purposes of this section, the term "party in interest" means the person who requests a variance or a change in zoning or who requests the amendment or repeal of any regulation, restriction or ordinance adopted pursuant to the Special Zoning District Act. History: 1978 Comp., § 3-21-26, enacted by Laws 1981, ch. 201, § 1. ANNOTATIONSRepeals. — Laws 1979, ch. 334, § 2, repealed former 3-21-26 NMSA 1978, relating to costs incurred by the zoning commission.
NM Stat § 3-21A-1 (2021)
2021 New Mexico Statutes|Chapter 3 - Municipalities|Article 21A - Manufactured Housing and Zoning|Section 3-21A-1 - Short title.

This act [3-21A-1 to 3-21A-8 NMSA 1978] may be cited as the "Manufactured Housing and Zoning Act". History: Laws 1987, ch. 196, § 1. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — 53A Am. Jur. 2d Mobile Homes, Trailer Parks, and Tourist Camps §§ 9 et seq., 21, 25; 83 Am. Jur. 2d Zoning and Planning §§ 175, 204 to 213, 215, 220. 101A C.J.S. Zoning and Land Planning §§ 48, 53, 62, 115, 142.
NM Stat § 3-21A-2 (2021)
2021 New Mexico Statutes|Chapter 3 - Municipalities|Article 21A - Manufactured Housing and Zoning|Section 3-21A-2 - Definitions.

As used in the Manufactured Housing and Zoning Act: A. "multi-section manufactured home" means a manufactured home or modular home that is a single-family dwelling with a heated area of at least thirty-six by twenty-four feet and at least eight hundred sixty-four square feet and constructed in a factory to the standards of the United States department of housing and urban development, the National Manufactured Housing Construction and Safety Standards Act of 1974 and the Housing and Urban Development Zone Code 2 or the Uniform Building Code, as amended to the date of the unit's construction, and installed consistent with the Manufactured Housing Act and with the rules made pursuant thereto relating to permanent foundations; B. "mobile home" means a movable or portable housing structure larger than forty feet in body length, eight feet in width or eleven feet in overall height, designed for and occupied by no more than one family for living and sleeping purposes that is not constructed to the standards of the United States department of housing and urban development, the National Manufactured Housing Construction and Safety Standards Act of 1974 and the Housing and Urban Development Zone Code 2 or Uniform Building Code, as amended to the date of the unit's construction or built to the standards of any municipal building code; and C. "excavated site" means a site that results in the upper plane of the concrete slab, or similar component of any other authorized permanent foundation system, being below ground level or grade. History: Laws 1987, ch. 196, § 2; 1999, ch. 125, § 1; 2001, ch. 22, § 1. ANNOTATIONSCross references. — For the National Manufactured Housing Construction and Safety Standards Act of 1974, see 42 USCS § 5401 et seq. The 2001 amendment, effective June 15, 2001, in Subsection A, substituted "home" for "housing" in the defined term and substituted "rules" for "regulations" near the end of the subsection; and added Subsection C. The 1999 amendment, effective June 18, 1999, in Subsection A, inserted "multi-section" preceding "manufactured housing", deleted "(42 U.S.C. 5401 et seq.)" following "1974", substituted "2" for "II", deleted "(Chapter 60, Article 14 NMSA 1978)" following "Manufactured Housing Act", and substituted "permanent foundations" for "ground level installation and ground anchors and"; and in Subsection B, substituted "that is not constructed to the standards of the United States department of housing and urban development, the National Manufactured Housing Construction and Safety Standards Act of 1974 and the Housing and Urban Development Zone Code 2 or Uniform Building Code, as amended to the date of the unit's construction" for "but does not include structures", and deleted "and other technical codes" from the end of the subsection.
NM Stat § 3-21A-3 (2021)
2021 New Mexico Statutes|Chapter 3 - Municipalities|Article 21A - Manufactured Housing and Zoning|Section 3-21A-3 - Manufactured housing; permissible regulations.

In the exercise of any of the powers and duties conferred by law, no governing body of a political subdivision of the state or any planning and zoning agency thereunder shall exclude multi-section manufactured homes from a specific-use district in which site-built, single-family housing is allowed or place more severe restrictions upon a multi-section manufactured home than are placed upon single-family, site-built housing within that specific-use district so long as the manufactured housing is built or constructed according to the Housing and Urban Development Zone Code II or the Uniform Building Code. The governing body of any political subdivision of the state or any planning and zoning agency thereunder is authorized to regulate manufactured housing to require that it meets all requirements other than original construction requirements of other single-family dwellings that are site-built homes in the same specific-use district and to further require by ordinance that such manufactured housing be consistent with applicable historic or aesthetic standards. History: Laws 1987, ch. 196, § 3; 1999, ch. 125, § 2. ANNOTATIONSThe 1999 amendment, effective June 18, 1999, in the first sentence, inserted "multi-section" preceding "manufactured home" twice.
NM Stat § 3-21A-4 (2021)
2021 New Mexico Statutes|Chapter 3 - Municipalities|Article 21A - Manufactured Housing and Zoning|Section 3-21A-4 - Mobile homes; permissible regulations.

In the exercise of any of the powers and duties conferred by law, a governing body of a political subdivision of the state, or any planning or zoning agency thereunder, may regulate the occupancy or location of dwelling units in such a way as to effect the reasonable regulation of mobile homes. Such regulation may exclude mobile homes from residential-use districts and restrict them to mobile home parks or mobile home subdivisions. History: Laws 1987, ch. 196, § 4.
NM Stat § 3-21A-5 (2021)
2021 New Mexico Statutes|Chapter 3 - Municipalities|Article 21A - Manufactured Housing and Zoning|Section 3-21A-5 - Impermissible regulations.

A. No ordinance or regulation authorized by the Manufactured Housing and Zoning Act shall regulate the original construction of the manufactured home or mobile home. B. No ordinance or regulation otherwise authorized or permitted by the Manufactured Housing and Zoning Act shall be permissible or enforceable if it would have the direct or indirect effect of requiring that a multi-section manufactured home be installed in an excavated site in order to be included in a specific-use district in which site-built, single-family housing is allowed. History: Laws 1987, ch. 196, § 5; 1999, ch. 125, § 3; 2001, ch. 22, § 2. ANNOTATIONSThe 2001 amendment, effective June 15, 2001, designated original section as Subsection A and added Subsection B. The 1999 amendment, effective June 18, 1999, purported to amend this section but made no change.
NM Stat § 3-21A-6 (2021)
2021 New Mexico Statutes|Chapter 3 - Municipalities|Article 21A - Manufactured Housing and Zoning|Section 3-21A-6 - Private covenants and deed restrictions; local government restrictions.

A. Nothing in the Manufactured Housing and Zoning Act or any ordinance or regulation adopted pursuant thereto shall be construed as abrogating or limiting a recorded restrictive covenant or deed restriction. B. The provisions of the Manufactured Housing and Zoning Act shall not be construed as abrogating or limiting the powers of political subdivisions regarding the exercise of zoning, planning and subdivision powers except to the extent the exercise of such powers is inconsistent with the provisions of the Manufactured Housing and Zoning Act and the Manufactured Housing Act [Chapter 60, Article 14 NMSA 1978]. History: Laws 1987, ch. 196, § 6; 1999, ch. 125, § 4. ANNOTATIONSThe 1999 amendment, effective June 18, 1999, in Subsection B, added "and the Manufactured Housing Act". Public policy. — Distinguishing between manufactured homes and other homes in a restrictive covenant is not contrary to public policy. Aragon v. Brown, 2003-NMCA-126, 134 N.M. 459, 78 P.3d 913. Am. Jur. 2d, A.L.R. and C.J.S. references. — What is "mobile home", "house trailer", "trailer house", or "trailer" within meaning of restrictive covenant, 83 A.L.R.5th 651.
NM Stat § 3-21A-7 (2021)
2021 New Mexico Statutes|Chapter 3 - Municipalities|Article 21A - Manufactured Housing and Zoning|Section 3-21A-7 - Existing ordinances.

The Manufactured Housing and Zoning Act shall apply to all municipalities and counties except that the Manufactured Housing and Zoning Act shall not apply to any ordinance or regulation adopted by a home rule municipality which was adopted prior to January 1, 1987 or an ordinance or regulation adopted by a home rule municipality after January 1, 1987 which is not inconsistent with the Manufactured Housing and Zoning Act. However, if such ordinance or regulation is repealed then the Manufactured Housing and Zoning Act shall apply thereafter to that home rule municipality. History: Laws 1987, ch. 196, § 7.
NM Stat § 3-21A-8 (2021)
2021 New Mexico Statutes|Chapter 3 - Municipalities|Article 21A - Manufactured Housing and Zoning|Section 3-21A-8 - Municipal inspection program; manufactured housing.

Notwithstanding any other provisions of law for inspection of manufactured housing, a municipality over 100,000 in population located in a class "A" county may establish a manufactured housing inspection program to inspect foundations, tie-downs and utility service hookups and lines including but not limited to sewer, water, electrical and gas service. The municipality may establish and collect a reasonable inspection fee. The inspections may be made in addition to any other inspections authorized by law. History: Laws 1987, ch. 196, § 8.
NM Stat § 3-22-1 (2021)
2021 New Mexico Statutes|Chapter 3 - Municipalities|Article 22 - Historic Districts and Landmarks|Section 3-22-1 - Historic District and Landmark Act; short title.

Chapter 3, Article 22 NMSA 1978 may be cited as the "Historic District and Landmark Act." History: 1953 Comp., § 14-21-1, enacted by Laws 1965, ch. 300; 1983, ch. 178, § 1. ANNOTATIONSLaw reviews. — For note, "County Regulation of Land Use and Development," see 9 Nat. Resources J. 266 (1969). Am. Jur. 2d, A.L.R. and C.J.S. references. — 83 Am. Jur. 2d Zoning and Planning § 77. Applicability of zoning regulations to governmental projects or activities, 53 A.L.R.5th 1. 101A C.J.S. Zoning and Land Planning § 48.
NM Stat § 3-22-1.1 (2021)
2021 New Mexico Statutes|Chapter 3 - Municipalities|Article 22 - Historic Districts and Landmarks|Section 3-22-1.1 - Definition.

As used in the Historic District and Landmark Act, "landmark" means a structure or site of historical interest. History: 1978 Comp., § 3-22-1.1, enacted by Laws 1983, ch. 178, § 2.
NM Stat § 3-22-2 (2021)
2021 New Mexico Statutes|Chapter 3 - Municipalities|Article 22 - Historic Districts and Landmarks|Section 3-22-2 - Purpose.

The legislature of the state of New Mexico hereby declares that the historical heritage of this state is among its most valued and important assets and that it is the intention of the Historic District and Landmark Act to empower the counties and municipalities of this state with as full and complete powers to preserve, protect and enhance the historic areas and landmarks lying within their respective jurisdictions as it is possible for this legislature to permit under the constitution of the United States and the constitution of New Mexico and subject to the specific duties and responsibilities respecting historical matters already granted or to be granted under other statutes of this state. History: 1953 Comp., § 14-21-2, enacted by Laws 1965, ch. 300; 1983, ch. 178, § 3. ANNOTATIONSCity's power to zone state property must be delegated to the city by a state statute; and, as statutes granting power to cities are strictly construed, any fair or reasonable doubt concerning the existence of an asserted power is resolved against the city. City of Santa Fe v. Armijo, 1981-NMSC-102, 96 N.M. 663, 634 P.2d 685. State governmental body is not subject to local zoning regulations or restrictions. City of Santa Fe v. Armijo, 1981-NMSC-102, 96 N.M. 663, 634 P.2d 685.
NM Stat § 3-22-3 (2021)
2021 New Mexico Statutes|Chapter 3 - Municipalities|Article 22 - Historic Districts and Landmarks|Section 3-22-3 - Establishment of historic districts and landmarks by zoning.

Any county or municipality otherwise empowered by law to adopt and enforce zoning ordinances, rules and regulations is hereby empowered to create, as part of the building and zoning regulations and restrictions adopted by it in the manner otherwise provided by law and in accordance with a comprehensive zoning plan, a zoning district designating certain areas as historical areas and landmarks and may, for the purpose of preserving, protecting and enhancing such historical areas and landmarks, adopt and enforce regulations and restrictions within such district relating to the erection, alteration and destruction of those exterior features of buildings and other structures subject to public view from any public street, way or other public place. History: 1953 Comp., § 14-21-3, enacted by Laws 1965, ch. 300; 1983, ch. 178, § 4. ANNOTATIONSLaw reviews. — For note, "County Regulation of Land Use and Development," see 9 Nat. Resources J. 266 (1969). Am. Jur. 2d, A.L.R. and C.J.S. references. — Validity and construction of statute or ordinance protecting historical landmarks, 18 A.L.R.4th 990.
NM Stat § 3-22-4 (2021)
2021 New Mexico Statutes|Chapter 3 - Municipalities|Article 22 - Historic Districts and Landmarks|Section 3-22-4 - Historic areas and landmarks; authorization to expend funds, to enter [into] agreements and, where necessary, exercise power of eminent domain.

Any county or municipality is hereby empowered to expend public funds for any purposes connected with the preservation, protection or enhancement of historical areas and landmarks, areas related to historical areas or areas otherwise of special architectural or visual interest, including but not limited to the purchase of any or all of such areas and landmarks, if necessary, through the use of eminent domain in the manner provided by law for the acquisition of property for a public purpose, which acquisition is hereby declared to be: A. the leasing or acquisition of any other title or interest in the same by negotiation or, if necessary, through the use of eminent domain in the manner provided by law, including the acquisition of easements in and related to such areas and landmarks which will permit the county or municipality to control development of the same in a manner consistent with the purposes of the Historic District and Landmark Act; B. the entering into any reasonable agreement with private persons to promote the objectives of this section; or C. the enactment of appropriate ordinances or resolutions under which the county or municipality, as the case may be, may be given prior right to acquire any interest in property in such areas and landmarks as over any private person offering an equal price for the same interest or any other similar measures as may be consistent with the purposes of the Historic District and Landmark Act. History: 1953 Comp., § 14-21-4, enacted by Laws 1965, ch. 300; 1983, ch. 178, § 5. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Am. Jur. 2d, A.L.R. and C.J.S. references. — Validity and construction of statute or ordinance protecting historical landmarks, 18 A.L.R.4th 990. Application and construction of § 106 of the National Historic Preservation Act of 1966 (16 USCS § 470f), dealing with federally sponsored projects which affect historic properties, 68 A.L.R. Fed. 578.
NM Stat § 3-22-5 (2021)
2021 New Mexico Statutes|Chapter 3 - Municipalities|Article 22 - Historic Districts and Landmarks|Section 3-22-5 - Historic areas and landmarks; construction of this act.

Nothing in the Historic District and Landmark Act shall be construed to limit any existing inherent, statutory or other powers under which any county or municipality has enacted appropriate measures regarding historic areas and landmarks. History: 1953 Comp., § 14-21-5, enacted by Laws 1965, ch. 300; 1983, ch. 178, § 6.