NM SB96

Registered child care homes, licensed family child care homes, and licensed group child care homes must be treated as residential uses for zoning purposes and permitted by right, with local authorities prohibited from imposing additional regulations, fees, or taxes beyond those applied to other private residences in the same zoning district

Licensed child care centers must be permitted by right in commercial, mixed-use, and multifamily residential zones, with off-street parking limited to one stacking space per ten children of licensed capacity and staff parking needs allowed through on-street, shared, or off-site arrangements

Homeowner associations cannot prohibit or unreasonably restrict child care homes, assess fees or taxes specific to child care operations, or enforce rules that conflict with state licensing requirements, though they may enforce uniformly applied rules on parking, noise, safety, and architectural standards

State fire marshal rules under Chapter 59A, Article 52 cannot impose regulations on child care homes that differ from other private residences, and must treat licensed child care centers as permitted by right in commercial, mixed-use, and multifamily residential zones

Effective date is July 1, 2026