SB 96 revises New Mexico law to limit how counties, municipalities, and homeowner associations may regulate child care homes and child care centers through zoning, licensing-related rules, and private covenants. The bill treats registered child care homes, licensed family child care homes, and licensed group child care homes as residential uses for zoning purposes and generally requires them to be permitted by right, meaning they cannot be subjected to discretionary local approvals such as conditional or special use permits beyond the standards that apply to other private residences in the same zoning district. It also bars local governments from imposing extra fees, taxes, or parking requirements that exceed those applied to comparable residences.
For licensed child care centers, SB 96 requires them to be permitted by right in commercial, mixed-use, and multifamily residential zones. Local governments may not impose more restrictive building, safety, or nuisance rules than those applied in the same district, and parking rules are limited, though zoning authorities may require limited stacking space for child drop-off and pick-up. The bill also amends business licensing law to exempt child care facilities from municipal business license or registration fees, and it updates homeowner association law so associations cannot effectively prohibit child care homes or impose special fees or assessments on them, while still allowing generally applicable rules on parking, noise, safety, appearance, and common-area use.
The bill further clarifies that statewide rules under Chapter 59A may not impose regulations on child care homes that do not also apply to other private residences, while preserving the Early Childhood Education and Care Department’s authority to set licensing standards. It also directs the state fire marshal to provide training to certified firefighters for fire and fire-safety inspections. The act takes effect July 1, 2026.
The overall sentiment in the recorded discussion and votes was favorable. The Early Childhood Education and Care Department strongly supported the bill, describing it as advancing early childhood and universal child care through safe, high-quality licensed environments and arguing that unnecessary local zoning barriers discourage providers from seeking licensure. The bill passed both chambers, with a 24-13 Senate vote and a 40-23 House vote, indicating meaningful but not unanimous support.
The main point of contention appears to be the balance between expanding child care access and preserving local control over land use, parking, and neighborhood standards. Opponents likely focused on the bill’s preemption of local zoning discretion and HOA restrictions, while supporters emphasized reducing barriers to licensure and increasing child care availability. The bill attempts to address some of those concerns by allowing generally applicable, uniformly enforced rules and limited parking/stacking requirements for child care centers.
SB 96 amends New Mexico zoning, business licensing, HOA, and fire-safety-related provisions to preempt local rules that uniquely burden child care homes and certain child care centers. It changes Section 3-21-1 to classify child care homes as residential uses and require by-right treatment, modifies business licensing law to exempt child care facilities from municipal business license/registration fees, and limits HOA restrictions and assessments that would prohibit or specially burden child care homes. It also preserves state licensing authority while restricting inconsistent local regulation, and it sets a July 1, 2026 effective date.
The bill appears to have been generally well received by child care and early education advocates and supported by the administering department, which argued that local zoning barriers discourage licensure and expansion. The recorded committee remarks were supportive, and the bill cleared both chambers, though the Senate and House votes show a notable minority opposed. Overall, the sentiment was positive but not unanimous, reflecting support for child care access alongside concern about local regulatory preemption.
The central contention is between statewide efforts to expand child care access and local governments’ and HOAs’ interest in controlling land use, parking, nuisance, and neighborhood character. Supporters argue that child care homes and centers should not face special barriers that other residences or comparable uses do not face, while opponents likely object to limiting local discretion and overriding private covenants. The bill narrows that conflict by allowing generally applicable rules, but it still prohibits special fees, discretionary approvals, and more restrictive treatment for child care uses.