Local laws and regulations in New Mexico: Open container laws. Water rights. Local tax regulations. Building codes. Land use zoning. Hunting and fishing permits. Gun ownership laws. Smoke-free workplace policies. Pet licensing requirements. Agricultural regulations.
Open container laws
In New Mexico, it is illegal to consume or possess an open container of an alcoholic beverage in a motor vehicle on public highways, with exceptions for certain areas like the trunk or living quarters of a motor home, and does not apply to passengers in licensed buses, taxicabs, or limousines. Additionally, licensed premises are prohibited from allowing the removal of open containers, except for partially consumed bottles of wine and properly sealed growlers. For more detailed information, you can visit the New Mexico Open Container Law at Justia.
Water rights
In New Mexico, water rights are governed by the state constitution and statutes, with the principle that water belongs to the public and is subject to appropriation for beneficial use. The State Engineer administers water rights, ensuring that senior rights are not impaired by new appropriations, and that uses include irrigation, domestic, commercial, and environmental purposes, with no hierarchy among different types of use. For more detailed information, you can explore Basic Water Law Concepts, which provides comprehensive insights into the regulations and frameworks that shape water law in the region.
Local tax regulations
New Mexico's local tax regulations include the Gross Receipts Tax (GRT), which is an excise tax on the privilege of doing business in the state. The GRT applies broadly to sales of tangible personal property, services, leases, and licenses. With the introduction of a new regime of substantially uniform GRT and compensating taxes, both in-state and out-of-state businesses are affected. This new system also follows destination-based sourcing rules for local compensating taxes, as detailed in The Tax Adviser. These changes aim to streamline tax collection and ensure consistent regulations across different jurisdictions within New Mexico.
Building codes
The New Mexico building codes are comprehensively detailed in the New Mexico Administrative Code. This includes the 2021 New Mexico Residential and Commercial Building Codes, Energy Conservation Codes, and specific codes for earthen building materials, existing buildings, and historic earthen buildings. All these codes are based on the models provided by the International Code Council (ICC) but include amendments specific to the state. For more detailed information, you can visit the Rules and Laws and Building Codes section on their official website.
Land use zoning
Land use zoning in New Mexico is regulated by local governments to promote health, safety, morals, and general welfare, allowing them to control building heights, lot sizes, density, and the use of land and buildings within designated districts. These [Zoning Regulations](https://law.justia.com/codes/new-mexico/chapter-3/article-21/section-3-21-1/) are uniform within each district but can differ between districts, and they include provisions for permissible, conditional, and accessory uses.
Hunting and fishing permits
In New Mexico, hunting and fishing permits are regulated by the New Mexico Department of Game and Fish. For fishing, anglers 12 years and older must possess a valid New Mexico Fishing License, along with additional requirements such as a Habitat Stamp and Habitat Management & Access Validation, unless exempt. Hunting licenses also have specific requirements, including residency criteria, Habitat Management & Access Validation, and Habitat Stamp, with various types of licenses available for residents, non-residents, youth, and veterans. For detailed information about obtaining these permits, visit the New Mexico Department of Game and Fish website.
Gun ownership laws
In New Mexico, local governments are preempted from regulating firearms, with state law overseeing all aspects of gun ownership. No permits are needed to possess rifles, shotguns, or handguns. However, background checks are mandatory for private firearm sales, ensuring careful monitoring of transactions. Additionally, a concealed handgun license is required to carry a loaded firearm outside of one's home, vehicle, or private property. For more detailed information on these regulations, you can visit the State Gun Laws for New Mexico.
Smoke-free workplace policies
In New Mexico, smoking is prohibited in indoor workplaces, public places, buses, taxicabs, and other public transit, with exceptions for certain areas like private residences, retail tobacco stores, cigar bars, and designated areas in gaming facilities and hotels, as outlined by the Dee Johnson Clean Indoor Air Act. Violations are enforced through fines and the requirement for clear signage indicating Smoking Prohibitions.
Pet licensing requirements
In New Mexico, every municipality and county may mandate the licensure of dogs over three months old, with license fees set by the local authorities. Proof of rabies vaccination is required for licensure, and combined rabies vaccination certificates and licenses can be issued by ordinance. To learn more about these regulations, you can visit the Animal Law website.
Agricultural regulations
New Mexico's agricultural regulations are administered by the New Mexico Department of Agriculture (NMDA), which oversees over 30 state statutes and associated rules. These regulations cover various areas including apiaries, hemp cultivation, plant protection and quarantine, pesticides, dairy and feed standards, chile labeling, and weights and measures, among others.