ADU Rules in New Mexico (2026)
ADU rules in New Mexico — no statewide ADU law. Regulation is entirely local. Key provisions and city-specific frameworks for accessory dwelling units.
Law Name
Preempts Local Ordinances
No — local rules may be stricter
Has State Law
No — regulation is local
Statewide Preemption Status Unconfirmed
No statewide preemption statute was confirmed for this jurisdiction — regulation is local. Local governments retain full authority to set their own rules.
Local Control Framework
New Mexico does not have a statewide ADU law as of 2026 · Source
ADU regulation is left entirely to local municipalities and counties · Source
New Mexico Statutes Annotated Chapter 3 (Municipalities) grants municipalities broad authority over local zoning · Source
Albuquerque, Santa Fe, Las Cruces, and Rio Rancho set their own local ADU ordinances · Source
Albuquerque has been relatively progressive on housing density and has ADU-friendly provisions in its zoning code · Source
Santa Fe's historic preservation context creates unique challenges for ADU development in historic zones · Source
Source: New Mexico Local Zoning Authority. Last verified April 5, 2026. View source