SB 96 New Mexico Senate · 2026 Regular Session

REGULATED CHILD CARE ZONING REQUIREMENTS

SB 96 ensures registered and licensed child care homes (including family and group homes) are treated as standard residential uses under local zoning rules, meaning they cannot be charged extra fees, require special permits, or face stricter parking rules than other single-family homes in the same zone. Licensed child care centers are permitted "by right" in commercial, mixed-use, or multifamily residential zones without additional fees or building restrictions. The bill prohibits local governments from imposing unique regulations on child care facilities that don’t apply to other private residences and clarifies that homeowner associations cannot block or charge fees for child care operations. These provisions aim to reduce regulatory barriers for child care providers while maintaining consistent zoning standards.

Bill status signed all 5 stages cleared

Introduction

Jan 2026

Committee Review

Feb 2026

Senate Passage

Feb 2026

House Passage

Feb 2026

Signed into Law

Mar 2026

Introduced Jan 22, 2026 Signed Mar 10, 2026

Maddy AI version diff · 2 comparisons

What changed between versions

PA substitute → Final Version · 6 edits

MODERATE

This bill clarifies how child care homes and centers are treated under local zoning laws. It ensures they are considered residential uses, protects them from additional fees or restrictive regulations that don't apply to regular homes, and sets specific parking rules for licensed centers in commercial zones.

Scope change

The bill expands protection to include licensed child care centers (not just homes) and clarifies that child care homes are permitted by right in residential zones.

ELIGIBILITY

Licensed child care centers are now explicitly permitted by right in commercial, mixed-use, and multifamily residential zones.

REQUIREMENT

Child care homes are protected from additional zoning regulations, fees, or taxes that don't apply to other private residences in the same district.

Off-street parking rules for child care homes must match those for single-family residences in the same zone.

ADDED

Parking requirements for licensed child care centers in commercial zones are limited to one stacking space per ten children, with flexible options for staff parking.

DEFINITION

The bill clarifies that child care homes and centers are residential uses for zoning purposes.

ENFORCEMENT

Homeowner associations cannot prohibit or charge fees for operating registered or licensed child care homes.

Floor votes · Senate Feb 11, 2026 · House Feb 17, 2026

How they voted

22–13

Passed · 3 other

Total votes 38

Feb 11, 2026

D Democratic22

19 Yea 2 Nay 1

86% Yea

R Republican16

3 Yea 11 Nay 2

68% Nay

Vote distribution

All Yea All Nay Mixed No data

Full legislative history

Actions timeline

Total actions

Key actions

Committee

Mar 10, 2026

Signed into law

Signed

executive

Feb 17, 2026

Lower · Passed

passed House

lower

Feb 14, 2026

Lower · Passed

DO PASS committee report adopted

lower

Feb 11, 2026

Introduced

Sent to House Commerce & Economic Development Committee

lower

Feb 11, 2026

Upper · Passed

passed Senate

upper

Feb 11, 2026

Upper · Passed

floor substitute adopted (1 amendment)

upper

Feb 9, 2026

Upper · Passed

DO PASS committee report adopted

upper

Feb 5, 2026

Upper · Passed

DO NOT PASS, replaced with committee substitute

upper

Jan 22, 2026

Introduced

Sent to Senate Committees' Committee & Senate Health and Public Affairs Committee & Senate Tax, Business and Transportation Committee

upper

3 primary · 0 co-sponsors