New Mexico Shipping Container Zoning Laws, Permits & Building Code Requirements

New Mexico Shipping Container Zoning Law, Permit & Building Code Guide

Key Takeaways

• Shipping container homes are legal in many parts of New Mexico, but zoning laws vary by municipality.
• Permits are necessary for compliance and can take several weeks to process.
• Consulting with your local authority early in the planning process can save you time and money.
• Conexwest provides expert guidance for complying with New Mexico’s shipping container regulations and a wide range of container options.

Shipping Container Zoning Laws, Permits, & Building Code Requirements In New Mexico

Zoning Laws

• Permissibility: Shipping container homes are generally permitted, but their legality depends on local zoning regulations. Some areas may allow containers as primary residences, while others may restrict them to accessory structures or temporary uses.
• Residential vs. Commercial Zones: In residential zones, shipping containers face stricter guidelines regarding aesthetics and usage. In commercial zones, regulations can be more lenient to allow for greater flexibility in usage.
• Setback Requirements: Containers must comply with setback requirements, which means they cannot be placed too close to property lines or public roads for safety and neighborhood aesthetics.

Building Codes

• Compliance with IRC: Shipping container homes must adhere to the International Residential Code (IRC) as adopted by New Mexico. The rules cover a container’s structural integrity, fire safety, plumbing, and electrical standards.
• Foundation Requirements: Containers used as permanent structures require a stable foundation (like concrete) to prevent shifting or damage over time.
• Utility Connections: Any modifications involving plumbing or electrical systems must meet local building codes and may require additional permits.

Permitting Process

• Application Submission: You must submit detailed construction plans to the local building department for review. These plans should demonstrate compliance with zoning laws and building codes.
• Required Documentation: Prepare all necessary documents, including site plans, engineering reports, and construction drawings for a smooth application process.
• Permit Types: Depending on the intended use of the container (residential vs. storage), different permits may be required. For instance:
  1. Temporary use permits may be needed for short-term placements.
  2. Permanent structures will require more comprehensive building permits.

Here are examples of regulations in various municipalities in New Mexico:

Deming

• Prohibition in Residential Areas: Shipping containers are not allowed in residential districts or on vacant commercial or industrial lots.
• Temporary Use: Containers can be used temporarily during active construction for up to six months, with possible extensions not exceeding a total of 18 months.
• Permit Requirement: A permit from the building inspector is necessary for placing containers in commercial zones.
• Regulations for Storage Units: Containers must be monocolored (no logos), hidden from view, fenced with slatted materials, and cannot exceed 40% of the primary property use area. No utilities except alarm systems are permitted.

Truth or Consequences

• Allowed in Specific Zones: Shipping containers can be used in most commercial and all manufacturing zones as long as they do not exceed 46 feet in length and 10 feet in height.
• Conditional Use Permit: In residential districts or historic areas like the Hot Springs Bath House District, a conditional use permit is required.
• Setback Compliance: Containers must conform to setback requirements and cannot be used for living purposes.

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Tips For Complying With New Mexico’s Regulations

Not complying with container laws can lead to fines and legal issues

1. Obtain All Necessary Permits: Secure the required permits before installation, which may include zoning and building permits depending on the size and intended use of the container.
2. Consult Local Authorities: Engage with local planning departments early in the process to identify potential issues and clarify requirements specific to your area.
3. Prepare Detailed Plans: Create comprehensive site plans and construction drawings that comply with local regulations for submission during the permit application process.
4. Consider Aesthetic Requirements: Be prepared to modify the container's appearance (e.g., painting, landscaping) if it is visible from public roads.
5. Limit Modifications: If planning to modify the container (e.g., adding windows or electrical systems), make sure these changes meet local building codes and obtain necessary permits.
6. Review Homeowner Association (HOA) and Deed Restrictions: If applicable, check for any HOA rules or deed restrictions that may affect the use of shipping containers on your property.
7. Work with Experts: Consult with our experts who are well-versed in the shipping container laws of New Mexico to speed up the permitting process.

Choose Conexwest For Your Shipping Container Needs

Conexwest can fabricate shipping containers with various types of doors, windows, vents, insulation, etc.

For shipping container projects, partnering with a reliable supplier like Conexwest can make all the difference. Here’s what sets us apart from others:

1. Extensive Selection of Containers: We have a wide variety of shipping containers, including standard, insulated, refrigerated, and modified options, in sizes ranging from 10ft to 45ft. 
2. Quality Assurance: Our containers are thoroughly inspected and certified for cargo worthiness, which means they are leak-proof and structurally sound.
3. Customization Options: If you have specific requirements for your shipping container, we can help you customize it. From adding windows and HVAC systems to creating modifications like portable offices or retail spaces, our fabrication team can do it all.
4. Expertise in Regulations: Our team has extensive knowledge of zoning laws, permits, and building codes in New Mexico. Thus, we can guide you to easily comply with this otherwise complex process.
5. Transparent Pricing: We provide upfront and transparent pricing so that you know exactly what to expect without any hidden fees. 
6. Customer-Centric Approach: Our dedicated customer service team is always ready to assist you with any questions or concerns you may have throughout the purchasing process and beyond.
7. Warranty Coverage: We back the quality of our containers with a reliable warranty - ten years for new containers and five years for used cargo-worthy containers.

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Frequently Asked Questions (FAQs)

Can I use a shipping container for storage without permits?

Using a shipping container for storage usually requires fewer permits than using it as a residence. However, it depends on local regulations - some areas may allow temporary storage without permits in low-traffic zones but could impose stricter requirements in residential or high-density areas.

Are there restrictions on the appearance of shipping containers?

Yes, many municipalities impose aesthetic regulations on shipping containers to maintain community standards. This can include requirements for paint color, landscaping to obscure visibility from public roads, and limits on stacking containers.

What is the average permit processing time for container projects?

The average permit processing time for shipping container projects in New Mexico depends on the complexity of your project and the requirements of your local authority. Generally, it can take several weeks to obtain all the necessary permits.

What are the consequences of not following the shipping container regulations in New Mexico?

Failure to comply with local shipping container regulations can result in fines, legal issues, and potential removal of the container from your property. In some cases, you may also be required to restore the site to its original condition.

Can I visit Conexwest’s facility to inspect containers before purchasing?

Yes! We welcome customers to visit our yard to inspect available containers in person. If you're unable to visit, we can provide interior and exterior photos of units upon your request.