N.M. Stat. » Chapter 3 — Municipalities
New Mexico Statutes

N.M. Stat. § 3-21-10 (2026)

Zoning enforcement

✓ current as of May 2026
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A. Sections 3-21-1 through 3-21-14 NMSA 1978, and any ordinance adopted pursuant to these sections, shall be enforced, by the zoning authority having jurisdiction, as municipal ordinances are enforced.

B. In addition, if any building or structure is erected, constructed, reconstructed, altered, repaired, converted or maintained, or any building, structure or land is used in violation of Sections 3-21-1 through 3-21-14 NMSA 1978, or any ordinance adopted pursuant to these sections, the zoning authority may institute any appropriate action or proceedings to: (1) prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use;

(2) restrain, correct or abate the violation;

(3) prevent the occupancy of such building, structure or land; or

(4) prevent any illegal act, conduct, business or use in or about such premises.

C. The ordinances, rules and regulations together with the officially adopted or district zoning map of the county or municipal zoning authority shall be filed in the respective offices of the county clerk or municipal clerk and shall be available for examination by any citizen.

History: 1953 Comp., § 14-20-8, enacted by Laws 1965, ch. 300.

ANNOTATIONS

Enforcement not limited. — Section 31-21-10 NMSA 1978 does not support a narrow construction that the legislature only intended Subsection B of this section to provide for injunction or abatement actions in court, as opposed to administrative action. Cerrillos Gravel Products, Inc. v. Santa Fe Bd. of Cnty. Comm'rs, 2005-NMSC-023, 138 N.M. 126, 117 P.3d 932.

No authority under zoning ordinance to revoke permit. — The board of county commissioners had no authority under a local zoning ordinance to revoke a special use permit granted to petitioner for the life of the use even though petitioner had violated local zoning ordinances in his use of the property. State ex rel. Vaughn v. Bernalillo Cnty. Bd. of Cnty. Comm'rs, 1991-NMCA-151, 113 N.M. 347, 825 P.2d 1257.

Village had standing to enforce reasonable restrictions imposed as a condition of subdivision approval for a cluster housing development. Village of Los Ranchos de Albuquerque v. Shiveley, 1989-NMCA-095, 110 N.M. 15, 791 P.2d 466, cert. denied, 109 N.M. 704, 789 P.2d 1271 (1990).

This section gives authority for enforcement of zoning ordinances only to zoning authority, and therefore, is an exception to the right of citizens to file complaints for violations of city ordinances. City of Santa Fe v. Baker, 1980-NMCA-169, 95 N.M. 238, 620 P.2d 892.

Law 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. — Violation of zoning ordinance or regulation as affecting or creating liability for injuries or death, 31 A.L.R.2d 1469.

Remedies to compel municipal officials to enforce zoning regulations, 35 A.L.R.2d 1135.

Enforcement of zoning regulation as affected by other violations, 4 A.L.R.4th 462.

Construction of new building or structure on premises devoted to nonconforming use as violation of zoning ordinance, 10 A.L.R.4th 1122.

Notes of Decisions
Cited in 7 cases, 1980–2005 · leading case: Cerrillos Gravel Prods., Inc. v. Bd. of Cnty. Commissioners, 2005-NMSC-023, 117 P.3d 932.
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Cerrillos Gravel Prods., Inc. v. Bd. of Cnty. Commissioners, 2005-NMSC-023, 117 P.3d 932. · cites it 17× “While Section 3-21-10(A) speaks of enforcing the Zoning Act “as municipal ordinances are enforced,” which includes direct action in court, that method is not exclusive.”
Cerrillos Gravel Prods., Inc. v. Bd. of Cnty. Commissioners, 2004-NMCA-096, 96 P.3d 1167. · cites it 5× “]” NMSA 1978, § 3-21-10(B) (1965) provides: B.”
Vill. of Los Ranchos De Albuquerque v. Shiveley, 791 P.2d 466 (N.M. Ct. App. 1989). · cites it 7× “1980); NMSA 1978, § 3-21-10 (Repl.1985). Section 3-21-10 authorizes the Village to bring an action for the alleged violations.”
City of Santa Fe v. Baker, 620 P.2d 892 (N.M. Ct. App. 1980). · cites it 7× “J urisdiction Section 3-21-10, N.M.S.A. 1978, states: A.”
State Ex Rel. Vaughn v. Bernalillo Cnty. Bd. of Cnty. Commissioners, 825 P.2d 1257 (N.M. Ct. App. 1991). · cites it 4× “Section 3-21-10(B) grants zoning authorities the power to institute appropriate proceedings to restrain, correct, or abate violations of properly enacted ordinances.”
City of Houston v. Tri-Lakes Ltd., 681 So. 2d 104 (Miss. 1996). “[9] See N.M. Stat. Ann. § 3-21-10 (Michie 1978 & 1995 Repl.”
City of Houston v. Tri-Lakes Ltd, No. 93-CA-00393-SCT (Miss. Mar. 17, 1993). “See N.M. Stat. Ann. § 3-21-10 (Michie 1978 & 1995 Repl.”
N.M. Stat. § 3-21-10(A): 1 case
Cerrillos Gravel Prods., Inc. v. Bd. of Cnty. Commissioners, 2005-NMSC-023, 117 P.3d 932. “While Section 3-21-10(A) speaks of enforcing the Zoning Act “as municipal ordinances are enforced,” which includes direct action in court, that method is not exclusive.”
N.M. Stat. § 3-21-10(B): 3 cases
Cerrillos Gravel Prods., Inc. v. Bd. of Cnty. Commissioners, 2005-NMSC-023, 117 P.3d 932. “While Section 3-21-10(A) speaks of enforcing the Zoning Act “as municipal ordinances are enforced,” which includes direct action in court, that method is not exclusive.”
Cerrillos Gravel Prods., Inc. v. Bd. of Cnty. Commissioners, 2004-NMCA-096, 96 P.3d 1167. “]” NMSA 1978, § 3-21-10(B) (1965) provides: B.”
State Ex Rel. Vaughn v. Bernalillo Cnty. Bd. of Cnty. Commissioners, 825 P.2d 1257 (N.M. Ct. App. 1991). “Section 3-21-10(B) grants zoning authorities the power to institute appropriate proceedings to restrain, correct, or abate violations of properly enacted ordinances.”
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