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Change of Use / Certificate of Occupancy in Lovington, New Mexico

Lovington has no dedicated 'change of use' or 'certificate of occupancy' permit application, checklist, or fee schedule published on lovington.org (the City's full City Forms and Documents listing carries Planning & Zoning, Utilities, Parks & Recreation, Lodgers Tax, and general business forms but nothing for occupancy/change of use). As with Lovington's Building Permit, Solar PV Permit, and EV Charger entries, the substantive legal process is a New Mexico Construction Industries Division (CID) matter, since Lovington has not established its own certified Building Official / full-service building department (the statewide 'AHJ' definition at N.M. Admin. Code 14.5.1.7 requires 'a full-time certified building official' with 'permitting, inspection and enforcement authority,' which Lovington's own Planning and Zoning Department does not hold). 'Change of occupancy' is defined at N.M. Admin. Code 14.5.1.7 as 'a change in the use of the building or portion of a building including a change of the occupancy classification or any change in use within a classification group to another occupancy in the group,' and is governed substantively by the 2021 New Mexico Existing Building Code (NMEBC, N.M. Admin. Code 14.7.7, adopting the 2021 International Existing Building Code, Chapter 10 'Change of Occupancy'). Per N.M. Admin. Code 14.5.2.11(B), 'changes in the work, occupancy type, occupant load or kind of structure authorized by a permit must be reflected in an amended set of submittal documents, which must be resubmitted for approval by the AHJ' -- i.e., CID for Lovington. A Certificate of Occupancy (C/O) for the changed use is then issued per N.M. Admin. Code 14.5.3.13, which states 'no building...shall be occupied' under the new use until the C/O or an approved final inspection is issued, and 'no C/O shall be issued by the CBO or the inspector until all of the required inspections have been performed.' Separately from this State CID track, City of Lovington Municipal Code Section 17.08.160 ('Certificate of occupancy required') codifies the City's OWN, longstanding local certificate-of-occupancy requirement -- 'no change in the use or character of occupancy of land, nor any change of use or character of occupancy in an existing building, other than for single-family dwelling purposes, shall be made...until a certificate of occupancy has been issued by the building inspector' (Prior code Section 11-3-10(n-o)), with 17.08.050 assigning the 'city building inspector' role to 'the city manager or his designee.' No published city document reconciles this local Title 17 C/O ordinance with the CID-issued C/O process described above -- the same kind of dual-track tension documented in the electrical-permit entry (City Chapter 15.08 electrical permit vs. State CID electrical permit) is also present for change-of-use/occupancy. If the new use requires a different zoning classification (rather than only a different building-code occupancy classification within the same use), Lovington's own Zone Change (Municipal Code 17.08.170, 'Amendments to title') or Variance Request (17.08.030(B), heard as an appeal to the City's Board of Appeals per 17.08.040) processes would apply through the City's Planning and Zoning Department.

Verified 2026-07-23 · Source

When you need this permit

  • No change in the use or occupancy classification of a building may occur, and the building may not be occupied under the new use, until a Certificate of Occupancy (or approved final inspection) has been issued (N.M. Admin. Code 14.5.3.13(A))
  • Submit an amended set of submittal documents (plans/specifications reflecting the new occupancy type, occupant load, or kind of structure) to CID for review and approval -- the same AHJ that reviews Lovington's original building permits, per N.M. Admin. Code 14.5.2.11(B)
  • Compliance with the 2021 New Mexico Existing Building Code (NMAC 14.7.7, adopting the 2021 IEBC), Chapter 10 Change of Occupancy, and any applicable requirements of the 2021 New Mexico Commercial Building Code (NMCBC)
  • All required inspections applicable to the new occupancy/use must be performed and approved before a C/O will be issued (N.M. Admin. Code 14.5.3.13(B))
  • SEPARATELY (found 2026-07-23): City of Lovington Municipal Code 17.08.160 also requires a City-issued certificate of occupancy from the 'building inspector' (the city manager or designee, per 17.08.050) before any change in the use or character of occupancy of land or of an existing building, other than for single-family dwelling purposes -- how this local requirement is coordinated in practice with the State CID C/O process above is not addressed in any published city document
  • If the new use requires a different zoning classification (not just a different building-occupancy classification), separately pursue Lovington's own Zone Change (Municipal Code 17.08.170) or Variance Request (17.08.030(B)/17.08.040, an appeal to the City's Board of Appeals) process through the Planning and Zoning Department -- confirm with the Planning & Zoning Coordinator which track(s) apply to a specific project
  • A temporary Certificate of Occupancy may be issued by the inspector for a 30-day period (or longer, if approved by the TBC/CBO) if the AHJ determines a temporary C/O is appropriate and life, safety, or health will not be adversely affected (N.M. Admin. Code 14.5.3.13(D))

Required documents

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Fee schedule

CID plan review/permit fee for amended (change-of-occupancy) submittal
Read the complete current CID fee rule (N.M. Show full citationRead the complete current CID fee rule (N.M. Admin. Code 14.5.5, srca.nm.gov/wp-content/uploads/attachments/14.005.0005.pdf, in force since 7-1-04, no repeal on record) in full, section by section (14.5.5.11 General Building, 14.5.5.12 Electrical, 14.5.5.13 Mechanical/Plumbing, 14.5.5.14 Miscellaneous Fees) -- confirmed no line item anywhere in the rule references 'amended permit,' 'change of occupancy,' or 'certificate of occupancy' as a distinct fee category (the rule's only 'amended permit' language, at 14.5.5.4(A), just restates that no permit or amended permit is valid until fees otherwise due under the rule are paid -- it does not create a separate amendment fee). This is a genuine, exhaustively-checked verified-negative absence, not an extraction gap; valuation-based general construction fees remain quoted directly by a CID field office.
Not published — contact the department
City Variance Request / Notice of Appeal fee (Board of Appeals, Municipal Code 17.08.030(B) and 17.08.040) -- applies if a variance from zoning requirements is sought
City of Lovington Code of Ordinances, Section 17.08.040(F) (Prior code Section 11-3-8(c)): 'A fee of fifteen dollars shall be paid to the building inspector at the time the notice of appeal is filed,… Show full citationCity of Lovington Code of Ordinances, Section 17.08.040(F) (Prior code Section 11-3-8(c)): 'A fee of fifteen dollars shall be paid to the building inspector at the time the notice of appeal is filed, which the building inspector shall forthwith pay over to the city clerk to the credit of the general revenue fund of the city.' In Lovington's Municipal Code, a variance is obtained by appealing to the Board of Appeals under its hardship/variance power at 17.08.030(B); the $15.00 fee is filed with that notice of appeal. Confirmed via the site's render-section API (live 2026-07-23) and cross-checked against the complete Ordinance List and Disposition Table (Ords. 218-612, current through Ord. 612, 6-9-25) -- no ordinance has ever amended Section 17.08.040 or this fee since the 1992 codification (the only ordinance touching Chapter 17.08 at all, Ord. 262, amended prior code Section 11-3-14(a), zoning enforcement, which maps to 17.08.180 Enforcement, a different section).
$15.00
City Zone Change fee (Municipal Code 17.08.170, 'Amendments to title' -- rezoning by City Commission motion or petition, distinct from a Board of Appeals variance)
Read Section 17.08.170 in full (live via the site's render-section API) -- it describes the rezoning/amendment procedure (petition, planning and zoning commission referral, protest-percentage… Show full citationRead Section 17.08.170 in full (live via the site's render-section API) -- it describes the rezoning/amendment procedure (petition, planning and zoning commission referral, protest-percentage supermajority-vote thresholds) but states no filing fee. No fee schedule/resolution for a Zone Change/text-amendment application was found in Municipal Code Title 3 (Revenue and Finance), Title 17 Chapter 17.08 (Administration, fully read section-by-section 2026-07-23), or elsewhere on lovington.org. Genuinely unpublished, distinct from the $15.00 Variance/Notice-of-Appeal fee documented separately above, which does have a codified figure.
Not published as a fixed schedule

Review timeline

Plan review
Not published — contact the department

How long did your Change of Use / Certificate of Occupancy permit actually take in Lovington?

Anonymous — one question, no email. Answers are combined and only shown once at least 5 people have reported.

Inspection process

  1. 1

    Required Inspections for New Occupancy/Use (CID)

    All inspections applicable to the new occupancy classification must be performed and approved before a Certificate of Occupancy is issued; a C/O cannot be issued until all required inspections have been performed (N.M. Admin. Code 14.5.3.13(B))

See the full Lovington inspection guide — scheduling & re-inspection fees →

Tips

  • There is no standalone 'change of use' or 'certificate of occupancy' checklist on lovington.org -- this is handled as an amendment to the CID building-permit submittal process described in the general Building Permit entry, not a separate City-issued permit application form.
  • Lovington's own Municipal Code (17.08.160) separately requires a City-issued certificate of occupancy from the city's 'building inspector' for a change in use/occupancy other than single-family dwelling purposes -- a local requirement layered alongside the State CID C/O process, with no published document explaining how the two interact in practice.
  • A change of occupancy is at minimum a two-track question in Lovington: a building-code occupancy-classification change goes through CID (2021 NMEBC/IEBC Chapter 10) and, per 17.08.160, may also require a City-issued C/O; a zoning-classification change goes through the City's own Zone Change (17.08.170) or Variance (17.08.030(B)/17.08.040) process -- confirm with the City Planning & Zoning Coordinator (cball@lovington.org, (575) 396-9301) which track(s) apply before assuming any one process alone is sufficient.
  • If a variance is needed, budget the codified $15.00 Notice of Appeal fee (17.08.040(F)) filed with the Board of Appeals; a Zone Change/text amendment under 17.08.170 has no published filing fee.
  • A temporary Certificate of Occupancy (minimum 30 days) is available under N.M. Admin. Code 14.5.3.13(D) if the AHJ determines it will not adversely affect life, safety, or health -- useful if final inspections are pending but occupancy is otherwise ready.

Frequently asked questions

Lovington requires a change of use / certificate of occupancy permit for: No change in the use or occupancy classification of a building may occur, and the building may not be occupied under the new use, until a Certificate of Occupancy (or approved final inspection) has been issued (N.M. Admin. Code 14.5.3.13(A)); Submit an amended set of submittal documents (plans/specifications reflecting the new occupancy type, occupant load, or kind of structure) to CID for review and approval -- the same AHJ that reviews Lovington's original building permits, per N.M. Admin. Code 14.5.2.11(B); Compliance with the 2021 New Mexico Existing Building Code (NMAC 14.7.7, adopting the 2021 IEBC), Chapter 10 Change of Occupancy, and any applicable requirements of the 2021 New Mexico Commercial Building Code (NMCBC); All required inspections applicable to the new occupancy/use must be performed and approved before a C/O will be issued (N.M. Admin. Code 14.5.3.13(B)); SEPARATELY (found 2026-07-23): City of Lovington Municipal Code 17.08.160 also requires a City-issued certificate of occupancy from the 'building inspector' (the city manager or designee, per 17.08.050) before any change in the use or character of occupancy of land or of an existing building, other than for single-family dwelling purposes -- how this local requirement is coordinated in practice with the State CID C/O process above is not addressed in any published city document; If the new use requires a different zoning classification (not just a different building-occupancy classification), separately pursue Lovington's own Zone Change (Municipal Code 17.08.170) or Variance Request (17.08.030(B)/17.08.040, an appeal to the City's Board of Appeals) process through the Planning and Zoning Department -- confirm with the Planning & Zoning Coordinator which track(s) apply to a specific project; A temporary Certificate of Occupancy may be issued by the inspector for a 30-day period (or longer, if approved by the TBC/CBO) if the AHJ determines a temporary C/O is appropriate and life, safety, or health will not be adversely affected (N.M. Admin. Code 14.5.3.13(D)). If your project isn't listed, confirm with City of Lovington Planning and Zoning Department at (575) 396-9301 (Planning & Zoning Coordinator Crystal R. Ball, CFM, CZO); (575) 396-2884 (City Hall main line) before starting work.

Lovington does not publish a plan-review timeline for this permit. Contact City of Lovington Planning and Zoning Department at (575) 396-9301 (Planning & Zoning Coordinator Crystal R. Ball, CFM, CZO); (575) 396-2884 (City Hall main line) for current turnaround.

You'll need: Amended State Building Permit (CID) Submittal Documents; Certificate of Occupancy (CID-issued); Certificate of Occupancy (City-issued, Municipal Code 17.08.160). Depending on your project, Lovington may also ask for: Planning and Zoning Application (Zone Change, Municipal Code 17.08.170, or Variance Request / Notice of Appeal, 17.08.030(B) and 17.08.040). See the required-documents checklist on this page for details on each.

Lovington requires 1 inspection(s) for a change of use / certificate of occupancy permit, in order: Required Inspections for New Occupancy/Use (CID). Schedule each through City of Lovington Planning and Zoning Department ((575) 396-9301 (Planning & Zoning Coordinator Crystal R. Ball, CFM, CZO); (575) 396-2884 (City Hall main line)).

Apply through City of Lovington Planning and Zoning Department at 214 S. Love Street, Lovington, NM 88260 (address on the Planning & Zoning Coordinator's own permit-checklist forms and P&Z Application cover sheet; the City's own Departments webpage separately lists the same office at 201 S Main Street, Lovington, NM 88260 — both addresses are published on official city.lovington.org pages as of 2026-07-18, discrepancy not resolved by any further published source). Phone: (575) 396-9301 (Planning & Zoning Coordinator Crystal R. Ball, CFM, CZO); (575) 396-2884 (City Hall main line), email: cball@lovington.org. Office hours: Monday-Thursday 7:30 AM - 5:00 PM, Friday 8:00 AM - 12:00 PM (noon), walk-in basis. Official information: https://www.lovington.org/departments/planning-and-zoning/.

Lovington, New Mexico has adopted: New Mexico is a statewide-code state administered by the Construction Industries Division (CID) of the Regulation and Licensing Department (RLD) under the Construction Industries Licensing Act (CILA), NMSA 1978 Sections 60-13-3 and 60-13-45. City of Lovington Municode Section 15.04.010 adopts by reference 'the state building code also known as the International Conference of Building Officials Uniform Building Code, 2009 or any adopted edition adopted by the State of New Mexico hence forth,' with all conditions, provisions, limitations and terms of the current New Mexico State building code adopted as the City's own building rules and regulations (Ord. 546, 2016; amended during 1992 codification: prior code Section 14-1-1). Unlike the City of Hobbs, Lovington has NOT established its own certified Building Inspection Department to administer the CID-adopted code as a delegated Authority Having Jurisdiction: the City's own Planning and Zoning Department and Building Permit Application checklist explicitly state that 'State building permits are required for the construction, repair or demolition of site-built or modular homes,' covering plumbing, electrical, and structural work — the actual building/electrical/plumbing/mechanical permit is a New Mexico Construction Industries Division (CID) permit, applied for directly with the State after the City Planning & Zoning Coordinator and Floodplain Manager sign a cover sheet confirming zoning, setback, and floodplain compliance.; 2021 New Mexico Commercial Building Code (NMCBC, NMAC 14.7.2) and 2021 New Mexico Residential Building Code (NMRBC, NMAC 14.7.3) — the current statewide editions administered by CID, which supersede the 2009 UBC edition-year text still printed in Lovington Municode 15.04.010 by operation of that same section's 'or any adopted edition adopted by the State of New Mexico hence forth' clause; 2020 New Mexico Electrical Code / 2020 National Electrical Code (NMAC 14.10.4) — the current CID-administered statewide electrical code; Lovington's own Municode Section 15.08.020 separately adopts 'the National Electrical Code, 1956 Edition, as the same are now or may be amended' (Prior code Section 16-1-2) as the basis for the City's own, separately-codified electrical permit and electrical inspector chapter (15.08) — a legacy municipal ordinance whose relationship to the newer City practice of routing electrical work through the State CID permit is not clarified in any published city document; 2021 New Mexico Plumbing and Mechanical Code (NMAC 14.8.2, 14.9.2) — CID-administered statewide; New Mexico Regulation and Licensing Department, Construction Industries Division rules, laws, and building codes (statewide adoption authority). Local amendments apply — see the Lovington overview page for the full list.

Both. The New Mexico Construction Industries Division (CID) issues a Certificate of Occupancy for building-code occupancy changes per N.M. Admin. Code 14.5.3.13, since Lovington has not established its own certified Building Official / full-service building department. Separately, Lovington's own Municipal Code Section 17.08.160 requires a City-issued certificate of occupancy from the city's 'building inspector' (the city manager or a designee) for a change in use or character of occupancy other than single-family dwelling purposes. No published city document explains how the two processes are coordinated for a given project.

The CID plan-review/permit fee for the amended submittal is valuation- and project-specific with no dedicated change-of-occupancy fee line item (contact a CID field office for a quote); no fee for the City's separate 17.08.160 certificate of occupancy was located either. If the change of use also requires a zoning Variance, the City's Board of Appeals charges a codified $15.00 Notice of Appeal fee (Municipal Code 17.08.040(F)); a Zone Change/text amendment (17.08.170) has no published fee.

Sources & verification

Verified against official sources. Last reviewed 2026-07-23.

Fee schedules

Codes & ordinances

Department & other records

Fees, timelines, and adopted codes are researched from each jurisdiction's published records — see how we verify. Requirements change and vary by project, so always confirm the current details with the Lovington building department before you submit. PermitBase is an independent reference and is not affiliated with any government agency.

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