Zoning, building permits and septic rules in Moriarty, New Mexico

Moriarty’s own rules

• Local zoningPresent

  Land inside the corporate limits of the City of Moriarty

  • Ordinance O-2006-02 effective July 3, 2006; amended through 2013 per the posted copy. The ordinance applies within the corporate limits.

  “these regulations shall be known as the "comprehensive zoning ordinance" of the city of moriarty, new mexico, and shall be referred to herein as "this ordinance."”

• Zoning districtsPublished

  Zone districts within Moriarty city

  • Zoning map is a live link on the city page; page says zoning is subject to change and to check with city hall.

  “the city of moriarty currently has 9 zoning classifications.”

• Minimum lot sizeSpecified

  A-R agricultural residential zone, Moriarty city

  • Residential density may not exceed one dwelling unit per acre.
  • Wellhead overlay: any use with on-site liquid waste system needs at least one acre.

  minimum lot size: >= 1 acre

  “table of lot requirements setback zone a-r r-1 r-2 minimum lot size 1 acre 7,000 sq ft 7,000 sq ft2”

  One more reviewed finding on this topic

  • Specified — R-1 conventional residential zone, Moriarty city

    “the minimum lot size in this zone district is 7,000 square feet.”

• SetbacksSpecified

  R-1 conventional residential zone, Moriarty city

  • Street-side setback on corner lots must be 10 feet.
  • Walls, fences, signs, satellite dishes and utility poles are exempt.
  • No mobile home within 30 feet of another mobile home or dwelling.

  front setback: >= 20 ft · side setback: >= 7.5 ft (10 ft street side on corner lots) · rear setback: >= 15 ft

  “front 25 ft 20 ft 20 ft side 10 ft 7.5 ft3 7.5 ft3 rear 25 ft 15 ft 15 ft”

  One more reviewed finding on this topic

  • Specified — A-R agricultural residential zone, Moriarty city

    “front 25 ft 20 ft 20 ft side 10 ft 7.5 ft3 7.5 ft3 rear 25 ft 15 ft 15 ft”

• Lot coverageSpecified

  R-2 cluster residential zone, Moriarty city (floor area ratio; A-R and R-1 show FAR not applicable)

  • Accessory buildings to dwellings limited to 250 sq ft per dwelling unit in R-2.

  maximum floor area ratio: <= 1 ratio

  “development must be served by centralized water and sewer services. 3. maximum floor ratio shall be 1.00. 4. accessory buildings to dwelling units shall not exceed 250 square feet per dwelling unit.”

• Building heightSpecified

  A-R agricultural residential zone, Moriarty city

  • Chimneys, antennas, etc. exempt, but anything exceeding 50 feet requires a variance.

  maximum height: <= 35 ft

  “provided that any height exceeding 50 feet must apply for a variance in accordance with this ordinance.”

  One more reviewed finding on this topic

  • Specified — R-1 conventional residential zone, Moriarty city

    “provided that any height exceeding 50 feet must apply for a variance in accordance with this ordinance.”

• Living in an RVLimited

  Lots in residential use in Moriarty city

  • RV may not be parked on any roadway or in the front setback for more than 24 hours.
  • RV campgrounds and RV use as dwelling in mobile home parks are separately regulated.

  occasional guest use: <= 30 days per year

  “such recreational vehicle must be stored on private property, and may not be parked on any roadway nor within the front setback of a lot for more than a 24-hour period.”

• Manufactured homesLimited

  R-1 zone and other districts in Moriarty city

  • Manufactured housing is defined as multi-section, at least 24 by 36 feet and 864 sq ft, on permanent foundation; R-3 zone provides for mobile homes; mobile homes must be connected to utilities and skirted within 30 days of occupancy.

  “mobile homes which do not comply with the definition of manufactured housing as a conventional dwelling unit are not allowed in this zone district.”

• Mandatory utility hookupConditional

  R-2 cluster residential zone, Moriarty city

  • Also, state rule 20.7.3.201.E NMAC requires units on on-site liquid waste systems to connect to public sewer upon availability and if required by the local authority.

  “development must be served by centralized water and sewer services.”

• Building in a floodplainRequired

  Flood protection overlay zone (FEMA 100-year special flood hazard areas) in Moriarty city

  • All non-residential uses in the overlay are conditional uses requiring a permit.
  • Ordinance No. 141 text not reviewed.

  “all non-residential uses within this overlay zone shall be conditional uses requiring a permit and subject to the conditional use procedures in this ordinance.”

• Permit processPartial

  Zoning approval for new construction or modification inside Moriarty city

  • This is the city zoning approval step; building-code permit process not found.
  • Zoning office phone 505-886-3020; a development application PDF is linked on the page.

  “when considering new construction or modification of an existing structure, it is necessary to contact the zoning office for proper approval of the project.”

Rules another office applies inside Moriarty

Moriarty does not set these itself; the county, a health district or the state does, and they apply to every address inside its limits.

• Who permits septicState (with conditions)

  On-site liquid waste systems (5,000 gal/day or less) inside Moriarty city; state NMED rules apply and the city zoning ordinance defers to them

  • The city zoning ordinance cross-references NMED on-site liquid waste rules in the A-R zone.

  “this part, 20.7.3 nmac, applies to on-site liquid waste systems, and effluent from such systems, that receive 5,000 gallons or less of liquid waste per day”

• Septic permitRequired

  On-site liquid waste systems inside Moriarty city under NMED rules

  • Permit is issued by the NMED department; cesspools prohibited; must connect to public sewer upon availability if required by local authority and system abandoned within 30 days of connection.

  “no person shall discharge untreated liquid waste except into a permitted and approved enclosed system, a permitted and approved liquid waste treatment unit or a public sewer system”

Still unanswered

We looked and could not find an official answer yet. Silence is not permission; ask Moriarty or Torrance County directly.

• Building permit — Building permits inside Moriarty city
• Owner-builder exemption — Owner-builder exemption inside Moriarty city
• Building code adopted — Building codes inside Moriarty city
• Inspections — Building inspections inside Moriarty city
• Certificate of occupancy — Certificates of occupancy inside Moriarty city

Each answer was extracted from an official source and independently re-checked against that source by a second reviewer. That is an evidence check, not legal advice. Rules change; confirm with the authority before you buy or build.