Zoning codes govern land use by dividing a jurisdiction into zones with specific permitted uses, development standards, and approval requirements. For community development, the key questions are: What zone is the land in? What uses are permitted by right (without discretionary approval)? What uses require a conditional use permit or variance? What are the minimum lot size, setback, and density requirements?

In rural New Mexico and many other states, large tracts of unincorporated land are zoned for agricultural use with very permissive building standards — a reflection of the state’s historic ranching culture. This can make rural community development relatively straightforward from a zoning perspective, though water rights, septic approval, and access road standards often create regulatory requirements that must be navigated.

Urban and suburban sites present more complex zoning environments. Mixed-use or planned unit development (PUD) zoning designations may allow the density and variety of uses needed for regenerative communities. In some jurisdictions, community land trusts, cohousing projects, and intentional communities have successfully negotiated custom zoning approvals or worked within flexible planned community provisions.

Key Zoning Terms for Community Developers

By-right use: A use permitted in a zone without discretionary approval — just building permit review.

Conditional use permit (CUP): A use permitted in a zone but requiring planning commission review and conditions of approval.

Variance: An exception to a specific zoning standard, requiring demonstration of hardship.

Planned Unit Development (PUD): A process allowing custom zoning for larger developments in exchange for public benefits.

Accessory dwelling unit (ADU): A secondary dwelling on a residential lot — increasingly permitted in many jurisdictions.

Agricultural exemption: Many states exempt agricultural buildings from building permit requirements — can allow significant infrastructure with minimal permitting.