Zoning, building permits and septic rules in Town of Mountainair, New Mexico

Town of Mountainair’s own rules

• Building permitRequired

  New buildings, structures and mobile home installations inside Mountainair town

  • Town zoning officer reviews and signs building permit applications before the applicant applies for a state building permit
  • Administrative fee must be paid before review
  • Applications returned within three working days

  development review fee: 10 USD

  “no building or structure shall be erected nor mobile home installed upon any premises within the town of mountainair without being reviewed by the zoning officer.”

• Local zoningPresent

  All land within the corporate limits of Mountainair town (Torrance County)

  • Ordinance dated October 25, 2005; later amendments not checked
  • Administered by a zoning officer appointed by the town council; conditional uses go to the planning commission

  “these regulations shall be known as the "comprehensive zoning ordinance" of the town of mountainair, new mexico”

• Zoning districtsPublished

  Zone districts inside Mountainair town

  • Districts: R-1, R-2, C-B, I-M, S-U, C-B-D, R-R
  • Boundaries are on the official Mountainair zoning map, which was not opened

  “the boundaries of all zone districts within the town of mountainair are hereby established as shown on the mountainair zoning map”

• Minimum lot sizeSpecified

  R-1 Conventional Residential zone inside Mountainair town

  • Density limited to one dwelling unit per lot
  • R-2 cluster residential allows 6,250 sq ft for singular dwellings and 12,500 for multiple dwellings

  minimum lot size: >= 6250 sq ft

  “the following regulations apply to all land uses in this zone district: 1. minimum lot size shall be 6,250 square feet.”

  One more reviewed finding on this topic

  • Specified — R-R Rural Residential district inside Mountainair town

    “the following regulations apply to all land uses in this zone district: 1. minimum lot size shall be one acre.”

• SetbacksSpecified

  R-1 Conventional Residential zone inside Mountainair town

  • No rear setback where the rear lot line adjoins a dedicated alley
  • Walls, fences, signs and utility poles are exempt from setbacks
  • Variances possible through planning commission

  front setback: >= 15 ft · side setback: >= 5 ft · rear setback: >= 10 ft (none where rear lot line is contiguous to a dedicated alley)

  “front setback shall be no less than 15 feet. b. side setback shall be no less than five feet. c. rear setback shall be no less than ten feet, however, on lots where the rear lot line is contiguous to a dedicated alley, then a rear setback is not required.”

  One more reviewed finding on this topic

  • Specified — R-R Rural Residential district inside Mountainair town

    “front setback shall be no less than 20 feet. b. side setback shall be no less than 10 feet.”

• Living in an RVLimited

  Recreational vehicles on lots inside Mountainair town

  • Storage allowed if not used as additional living quarters and not connected to permanent utilities
  • Temporary quarters for visitors up to seven consecutive days
  • Temporary quarters during building of a permanent structure up to six consecutive months, with a permit from the zoning commission before occupancy
  • RVs not stored within the front setback longer than 7 days

  visitor RV occupancy: <= 7 days · RV occupancy during construction: <= 6 months (permit required)

  “a recreational vehicle may be stored on a lot, provided it is not used as additional living quarters, and is not connected to permanent utilities.”

• Manufactured homesLimited

  Multi-section manufactured housing and mobile homes inside Mountainair town

  • Multi-section manufactured housing is treated like site-built single-family housing if installed per the NM Manufactured Housing Act foundation rules
  • Manufactured housing defined as at least 864 square feet, 36 by 24 feet
  • Mobile homes: 20 feet from any other dwelling, residential use only, utilities, skirting and anchoring within 30 days of occupancy
  • Mobile home parks are a special use item with density and size limits

  “regulations regarding multi-section manufactured housing shall be the same as site-built single family housing”

• Mandatory utility hookupConditional

  Multiple dwellings in R-2 and mobile homes inside Mountainair town

  • No general rule found requiring every new home to connect to public water or sewer
  • Mobile homes must connect to adequate utilities within 30 days of occupancy
  • Mobile home parks must be served by community water and sewer

  “multiple dwellings, provided they are connected to centralized water and sewer systems.”

• Subdividing landRegulated (with conditions)

  Subdivisions in R-1 zone (and districts inheriting R-1 conditional uses) inside Mountainair town

  • Conditional use requiring planning commission permit
  • Must comply with the town's subdivision regulations, which were not located or opened

  “subdivision provided that they comply with the subdivision regulations for the town of mountainair.”

• Building in a floodplainRequired

  Structures built or placed in designated flood plains inside Mountainair town

  • Zoning officer also reviews proposals for National Flood Insurance Program compliance

  “elevation certificates are required for all structures built or placed in designated flood plains within the town.”

• Permit feesPublished

  Zoning administrative fees inside Mountainair town (not state building permit fees)

  • Fees nonrefundable, paid to town clerk at time of application
  • Not required where a town official is the moving party
  • Fee amounts as listed in the 2005 ordinance; a newer schedule was not checked

  zoning ordinance fees (amendment, appeal, conditional use permit, development review, variance): $100, $50, $25, $10, $25 in listed order USD

  “administrative fees will be charged as follows: 1. 2. 3. 4. 5. amendment to this ordinance appeal conditional use permit development review variance $100 $50 $25 $10 $25”

• Permit processPublished

  Development review, conditional use permits and variances inside Mountainair town

  • Zoning officer determines whether a variance, zone change or conditional use permit is needed
  • Appeals go to town council within 30 days

  “the zoning officer shall determine if a variance, zone change, or conditional use permit is indicated, and if so, will notify and advise the appropriate person of subsequent procedures required by this ordinance.”

Still unanswered

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

• Owner-builder exemption — Owner-builder exemption inside Mountainair town
• Building code adopted — Building code inside Mountainair town
• Inspections — Building inspections inside Mountainair town
• Certificate of occupancy — Certificate of occupancy inside Mountainair town
• Minimum dwelling size — Minimum dwelling size inside Mountainair town

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.