ADU Laws in New Mexico (2026)
New Mexico state ADU law details, key provisions, preemption status, and recent legislative changes for accessory dwelling units.
Law Name
State ADU Law
Preempts Local Ordinances
No — local rules may be stricter
Has State Law
Yes
Key Provisions
New Mexico does not have a statewide ADU law as of 2026
ADU regulation is left entirely to local municipalities and counties
New Mexico Statutes Annotated Chapter 3 (Municipalities) grants municipalities broad authority over local zoning
Albuquerque, Santa Fe, Las Cruces, and Rio Rancho set their own local ADU ordinances
Albuquerque has been relatively progressive on housing density and has ADU-friendly provisions in its zoning code
Santa Fe's historic preservation context creates unique challenges for ADU development in historic zones
Official Sources
Source: New Mexico State ADU Law. Last verified April 5, 2026. View source