Bernalillo County, NM Building Permits & Zoning

Unincorporated Bernalillo County, New Mexico requires building permits and operates its own permitting authority through Planning & Development Services¹². County zoning also applies in unincorporated areas, so a parcel's district matters before you choose a house plan or land use³. Homeowners may qualify to build their own primary residence, but the permit, inspections and final approval still apply⁴⁵.

At a glance

Building permit: Required for covered work in unincorporated areas; issued through county Planning & Development Services¹
Zoning: County zoning applies in unincorporated Bernalillo County³
Owner-builder: Available for an eligible homeowner's primary single-family residence, with conditions⁴
Inspections: The homeowner permit holder must request required inspections and final approval⁵⁶
Septic permits: Handled by Bernalillo County Public Works; confirm the parcel-specific process before design⁷
Tiny homes: State code recognizes inspected tiny houses on permanent foundations, subject to county zoning⁸³
Minimum lot size: District-specific; rural agricultural zones shown include one-acre and two-acre minimums⁹

Who to call

Building permits

Bernalillo County Planning & Development Services

Building permits, plan review and inspections in unincorporated Bernalillo County

(505) 314-0350

[email protected]

415 Silver SW, Albuquerque, NM 87102

Planning & zoning

Bernalillo County Planning & Development Services (Zoning)

Zoning administration under county Code Appendix A for unincorporated Bernalillo County, from the same department that issues building permits

(505) 314-0350

[email protected]

415 Silver SW, Albuquerque, NM 87102

Septic permits

Bernalillo County Public Works, Wastewater / Onsite Liquid Waste Program

Septic (onsite liquid waste) system permitting for unincorporated Bernalillo County under the county's own wastewater ordinance

Contact details are copied from each office’s official page and were checked against it on September 29, 2026.

Do you need a building permit in Bernalillo County, New Mexico?

Yes. Bernalillo County requires permits for covered construction in unincorporated areas and runs its own building authority through Planning & Development Services¹². New Mexico requires a permit before regulated residential construction, alteration, repair, addition, relocation, conversion or demolition begins, although limited exemptions cover certain small projects¹⁰. Those exemptions include qualifying one-story detached accessory structures no larger than 120 square feet and fences no taller than 6 feet; separate trade permits may still be necessary¹⁰. Covered residential work follows the 2021 New Mexico Residential Building Code¹¹. Ask the county about the exact permit set for the proposed work because we could not confirm the full countywide permit schedule or current county code editions.

Who issues Bernalillo County building permits, and how do you reach them?

Bernalillo County Planning & Development Services handles building permits, plan review and inspections in unincorporated Bernalillo County¹². The office is at 415 Silver SW, Albuquerque, NM 87102; call (505) 314-0350 or email [email protected]¹². The inspection line is (505) 314-0351, and office hours are Monday through Friday from 8 a.m. to 4:30 p.m.¹². For a homeowner permit, the applicant must apply in person and provide identity and ownership proof, signed instructions, a notarized acknowledgement of responsibilities, zoning approval, a floodplain determination, the approved application, required plans and documents, and applicable fees¹³. County permit fee amounts were not confirmed, so request the current total before submitting.

Does Bernalillo County have zoning?

Yes. Bernalillo County zoning covers the county's unincorporated area³. The published zone atlas identifies county districts and sector-development-plan subcategories, but the atlas is a reference rather than a source for exact measurements or legal descriptions; obtain those from the Bernalillo County Clerk and consult the applicable sector plan where one applies¹⁴. Lot standards vary by district: the atlas identifies the A-1 Rural Agricultural zone with a 1-acre minimum and the A-2 Rural Agricultural zone with a 2-acre minimum⁹. Those examples do not establish the minimum for every parcel. Ask Planning & Development Services to confirm the parcel's district, allowed use and applicable dimensional rules at (505) 314-0350 or [email protected]¹⁵. We could not confirm countywide rules for setbacks, building height, lot coverage or minimum dwelling size.

How do septic permits work in Bernalillo County?

Bernalillo County Public Works administers onsite wastewater permitting for the county, while much of the urbanized area uses public sewer⁷. Contact the Wastewater / Onsite Liquid Waste Program before fixing a house location or system design¹⁶. Only about 25% of county soils lack severe limitations for a conventional septic drain field, so a parcel-level site evaluation is especially important¹⁷. State rules require untreated liquid waste to enter an approved permitted system, treatment unit or public sewer, apart from qualifying graywater¹⁸. We could not confirm Bernalillo County's permit steps, inspection requirements, exceptions or a direct phone number; ask Planning & Development Services at (505) 314-0350 to route you to Public Works if necessary¹².

Can you live in an RV or tiny home on your land in Bernalillo County?

We could not confirm a Bernalillo County rule allowing long-term RV living or temporary camping on private land, so ask Planning & Development Services about the parcel's zoning before relying on an RV as housing¹⁵. New Mexico recognizes a tiny house as a dwelling with complete living facilities when it meets the residential code, is inspected and is placed on a permanent foundation; the state definition caps floor area at 400 square feet excluding lofts⁸. A tiny house that remains on a chassis with its permanent axle is treated as an RV instead⁸. County zoning still controls whether a residential use fits the parcel³. We also could not confirm a countywide minimum dwelling size, so do not treat the state tiny-house definition as zoning approval.

Building a home in Bernalillo County: the steps, in order

Ask Planning & Development Services to confirm the parcel's zoning district and allowed residential use³¹⁵.
Obtain zoning approval and a floodplain determination, then assemble ownership proof, plans, documents and applicable fees for an in-person homeowner application if you qualify¹³.
If the site needs onsite wastewater, contact county Public Works before finalizing the house and drain-field locations⁷¹⁶.
Apply for the county building permit before covered work begins¹¹⁰.
Request every required inspection, correct violations and arrange re-inspections; electrical and plumbing work require separate permits and tests⁵.
Obtain the certificate of occupancy or final inspection when the project requires it before treating the job as complete⁶.

What to check before you buy land in Bernalillo County

Start with zoning, legal parcel dimensions and wastewater feasibility. Bernalillo County's atlas is not a substitute for a legal description, and sector-plan subcategories require their own plan review¹⁴. Only about 25% of county soils lack severe limitations for a conventional drain field¹⁷. The county averages 11.7 inches of precipitation a year and experiences severe drought in about 39.1% of years, so confirm the lawful water source and realistic well capacity before closing¹⁹²⁰. About 76.4% of county land has a slope of 15% or less, but parcel terrain can still constrain access, grading and septic placement²¹. If access connects directly to a state highway, New Mexico requires a state access permit before covered construction or modification²². The median property-tax bill is about $2,544 a year, with an effective rate near 0.9%²³²⁴.

Watch-outs

A homeowner permit is limited to the owner's primary single-family residence and does not cover rental dwellings or commercial property⁴.
A homeowner permit holder must request inspections, correct violations and obtain the certificate of occupancy or final inspection when applicable⁵⁶.
The rural agricultural district names do not create a general farming exemption from county building or development rules⁹.
Bernalillo County's RV-occupancy, temporary-camping, setback and minimum-dwelling-size rules remain unconfirmed; ask Planning & Development Services about the specific parcel¹⁵.

Sources

Written September 29, 2026 from the rules quoted below, each taken from an official source and re-checked by an independent reviewer. This is research, not legal advice: rules change, so confirm with the office before you buy or build.

How Bernalillo County scores

Seclusion24100% ev.

Self-Sufficiency3196% ev.

Admin Boringness44100% ev.

Durability56100% ev.

Property Autonomy38100% ev.

Carry Cost82100% ev.

Evidence strength: 99%. This reports direct-source completeness and fallback use; it is separate from the score and is not a confidence interval. How it works →

$354kTypical home

0.9%Property tax

$2,788Land / acre

11.7"Annual rain

39.1% of yrsSevere drought

10.6 / yr (+9.5)Mid-century 100°F days

33.9 daysMid-century dry spell

0.93" (+6%)Mid-century 1-day rain

1.25×Wildfire change factor

100%Forward climate coverage

$1,154Home insurance / yr

1.1% / yrInsurance growth

0.63%Nonrenewal rate

county median (2+ published ZIPs)Insurance basis

584,157People within 30 min

1,348,560People within 2 hr

514,716Radius comparison (15 mi)

578.3People / sq mi

15.7%Federal land

76.4%Land at 15% slope or less

25%Septic soil without severe limits

184,128 acWorkable land screen

24.8%Wooded land

17.8 tonsBiomass / forest ac

54.1°FAvg temp

Answers from the rulebook for Bernalillo County

What the ordinances and state agencies actually say — one answer per question, each quoted from the official source and independently re-checked.

Bernalillo County rules

InspectionsRequired
Work performed under a homeowner building permit in the local permitting authority’s jurisdiction.
- The homeowner permit applies only to work that requires a permit and inspections under applicable regulations.
- Except for legally subcontracted work, the homeowner is responsible for requesting all inspections, correcting code violations, requesting required re-inspections, and obtaining the certificate of occupancy and/or final inspection when applicable.
- Electrical and plumbing work require separate permits and tests.
“Except for work that is legally subcontracted, you are responsible for requesting all inspections, making all corrections of code violations”
Instructions for Obtaining a Homeowner’s Permit ↗Re-checked Sep 26, 2026
Certificate of occupancyRequired
Projects using a homeowner permit where a certificate of occupancy or final inspection is applicable.
- The homeowner is responsible for obtaining the Certificate of Occupancy and/or final inspection when applicable.
- The homeowner permit is limited to eligible primary-residence projects and does not eliminate applicable building-code requirements.
“and obtaining the Certificate of Occupancy and/or final inspection when applicable.”
Instructions for Obtaining a Homeowner’s Permit ↗Re-checked Sep 26, 2026
County-wide zoningPresent
County zoning in the unincorporated area of Bernalillo County.
- The cited county zoning materials expressly scope the GIS zoning data to the unincorporated area.
“This polygon feature class is Bernalillo County zone designations and special use permits in the unincorporated area of Bernalillo County, NM.”
Bernalillo County Zone Atlas Volume 1, Fall 2025 ↗Re-checked Sep 26, 2026
Zoning districtsPublished
Published Bernalillo County zoning districts and sector-development-plan subcategories shown in the official Zone Atlas for unincorporated areas.
- The atlas is for reference only and should not be used for exact measurements or legal descriptions.
- The source states that legal descriptions and dimensions must be obtained from the Bernalillo County Clerk.
- Sector-development-plan subcategories require consulting the applicable sector development plan for details.
“C-1 Neighborhood Commercial Zone C-2 Community Commercial Zone C-LI Commercial Light Industrial Zone C-N Community Neighborhood Commercial Zone”
Bernalillo County Zone Atlas Volume 1, Fall 2025 ↗Re-checked Sep 26, 2026
Minimum lot sizeDistrict specific (with conditions)
County zoning districts identified in the Fall 2025 Bernalillo County Zone Atlas.
- The source identifies A-1 as a one-acre minimum zone and A-2 as a two-acre minimum zone.
- The cited atlas is for reference and should not be used for exact property measurements or legal descriptions.
minimum lot size: 1 acre · minimum lot size: 2 acres
“A-1 Rural Agricultural—1-Acre Minimum Zone A-2 Rural Agricultural—2-Acre Minimum Zone”
Bernalillo County Zone Atlas Volume 1, Fall 2025 ↗Re-checked Sep 26, 2026
Permit processPartial
Homeowner permit process where Bernalillo County is the local permitting authority.
- The applicant must apply in person at the Authority Having Jurisdiction, either the Construction Industries Division or the local permitting authority.
- The applicant must submit identity and ownership proof, the signed instructions, a notarized responsibilities acknowledgement, zoning approval, floodplain determination, an AHJ-approved building-permit application, required plans and documents, and applicable fees.
“For this permit, you must apply in person at the office of the Authority Having Jurisdiction”
Instructions for Obtaining a Homeowner’s Permit ↗Re-checked Sep 26, 2026

New Mexico rules that apply here

Building permitRequired
Buildings and structures regulated by the New Mexico Residential Code, including residential construction, alterations, repairs, additions, moves, improvements, removals, conversions, and demolitions, and state-administered commercial construction.
- A permit must be obtained before covered work begins.
- Residential exceptions include one-story detached accessory buildings used as tool or storage sheds, playhouses, and similar uses not exceeding 120 square feet; fences not over 6 feet high; specified retaining walls; certain water tanks, sidewalks, driveways, finish work, shallow prefabricated pools, playground equipment, window awnings, and detached decks.
- Unless otherwise exempted, separate plumbing, electrical, and mechanical permits may still be required for otherwise exempted residential work.
- Commercial applicants must be validly licensed with the appropriate license classification, submit the state building permit application, obtain any required city or county zoning approval, and pay the valuation-based fee before permit issuance.
residential accessory-building exemption floor area: <= 120 square feet (One-story detached accessory buildings used as tool and storage sheds, playhouses, and similar uses.) · fence exemption height: <= 6 feet · water-tank exemption capacity: <= 5000 gallons (Height-to-diameter or width ratio must not exceed 2:1.) · detached-deck exemption area: <= 200 square feet (Deck must not be more than 30 inches above grade, must not be attached to a dwelling, and must not serve the required exit door.)
“Except as specified in Section 105.2 IRC, no building or structure regulated by this code shall be erected, constructed, enlarged, altered, repaired, moved, improved, removed, converted, or demolished unless a permit has first been obtained from the building official.”
Building Permit Guide for Residential Construction ↗Re-checked Sep 12, 2026
Owner-builder exemptionAvailable (with conditions)
A homeowner constructing or altering the homeowner’s primary single-family residence through a homeowner permit.
- The exemption applies only to the primary residence owned and occupied or to be occupied by the homeowner.
- It includes freestanding garages, carports, and sheds.
- It does not apply to other residential dwellings owned by the homeowner, including rental dwellings, or to commercial properties.
- The homeowner must obtain zoning approval, floodplain determination, proof of ownership, required plans and documents, and applicable fees.
- The homeowner must apply in person to the Authority Having Jurisdiction, either the Construction Industries Division or the local permitting authority.
- The permittee may self-perform work, use legal W-2 employees, or subcontract specialty trades to validly licensed contractors.
- A project involving a GB-2 or GB-98 contractor acting as general contractor, project manager, or supervisor cannot use the homeowner permit.
“allows you to construct or alter your single-family residence without obtaining a contractor’s license.”
Instructions for Obtaining a Homeowner’s Permit ↗Re-checked Sep 26, 2026
Building code adoptedAdopted (with conditions)
Commercial construction, alteration, relocation, enlargement, replacement, repair, equipment, use and occupancy, location, removal, and demolition of buildings or structures in New Mexico subject to the jurisdiction of the Construction Industries Division.
- The 2021 New Mexico Commercial Building Code applies on or after July 14, 2023.
- The rule does not apply when performed pursuant to a permit for which an application was received by CID before July 14, 2023.
- Detached one- and two-family dwellings and multiple single-family dwellings (townhouses) not more than three stories high with separate means of egress, and their accessory structures, must comply with the 2021 New Mexico Residential Building Code instead.
- Existing buildings not subject to the residential code undergoing a change of occupancy, repair, alteration, or addition must comply with either the commercial building code or the existing building code, as applicable.
- The rule adopts the 2021 International Building Code by reference, as amended by the rule.
effective date: 2023-07-14 (unless a later date is cited at the end of a section) · adopted reference code: 2021 International Building Code (as amended by 14.7.2 NMAC)
“14.7.2.5 EFFECTIVE DATE: July, 14, 2023, unless a later date is cited at the end of a section. [...] 14.7.2.8 ADOPTION OF THE 2021 INTERNATIONAL BUILDING CODE: A. This rule adopts by reference the 2021 International Building Code, as amended by this rule.”
Rules, Laws, and Building Codes ↗Re-checked Sep 11, 2026
One more reviewed finding on this topic
- Adopted (with conditions) — Detached one- and two-family dwellings, multiple single-family dwellings (townhouses) not more than three stories high with separate means of egress, and their accessory structures in New Mexico subject to the jurisdiction of the Construction Industries Division.
  “14.7.3.5 EFFECTIVE DATE: July 14, 2023, unless a later date is cited at the end of a section. From the date of publication of this rule in the New Mexico register, until December 14, 2023, permits may be issued under either the previously adopted rule, or this rule. After December 14, 2023, permits may be issued only under this rule. [...] A. This rule adopts by reference the 2021 International Residential Code, as amended by this rule.”
  Rules, Laws, and Building Codes ↗Re-checked Sep 11, 2026
Tiny homesAllowed (with conditions)
Tiny houses used as single dwelling units with complete independent living facilities and placed on a permanent foundation statewide in New Mexico.
- The unit must provide permanent provisions for living, sleeping, eating, cooking, and sanitation.
- The tiny house must comply with the New Mexico Residential Code and Appendix AQ.
- Tiny houses constructed in New Mexico or transported into New Mexico must be inspected for compliance with New Mexico Residential Code requirements.
- A tiny house on a chassis with a permanent axle is treated as a recreational vehicle and must meet recreational-vehicle codes and licensing requirements while the axle remains in place.
- If axles are removed and the unit is placed on supports or a foundation, it must comply with the code requirements for tiny houses on a permanent foundation.
- The rule applies to construction, use, and occupancy subject to the jurisdiction of the Construction Industries Division; construction not addressed in the residential code must comply with the New Mexico Commercial Building Code.
maximum floor area excluding lofts: <= 400 square feet (The definition excludes loft area and excludes recreational vehicles.) · minimum habitable-space and hallway ceiling height: >= 6 feet 8 inches (Loft ceiling heights may be lower.) · minimum bathroom, toilet-room, and kitchen ceiling height: >= 6 feet 4 inches (None stated in the cited passage.)
“This appendix shall be applicable to tiny houses used as single dwelling units providing complete independent living facilities for one or more persons”
14.7.3 NMAC — 2021 New Mexico Residential Building Code ↗Re-checked Sep 12, 2026
Manufactured homesAllowed (with conditions)
Installation and resulting residential use and occupancy of new or pre-owned manufactured homes statewide in New Mexico, subject to the Manufactured Housing Division's permitting and inspection rules.
- An installation permit or combined installation and permanent-foundation inspection permit must be obtained before installation.
- The permit must identify the licensees performing installation work and the consumer's name and address; a map is required when the address is a post-office box or rural route.
- An unlicensed homeowner working on the homeowner's own principal residential property must perform the work personally or use division-approved licensees, execute the required acknowledgment, and assume responsibility for applicable federal, state, local, code, and inspection requirements.
- Final inspection must certify that the manufactured home meets the minimum standards for use and occupancy under the act and regulations.
- Permits are valid for 180 days, subject to possible time extension for weather or re-manufacturing or permanent-foundation inspections.
- Each new or pre-owned manufactured home installed in New Mexico requires an installation permit.
- Failure to obtain a permit subjects the homeowner, dealer, or installer to a fine of double the permit fee.
- Local requirements, codes, and inspections still apply; the cited state rule does not establish local land-use placement or zoning permission.
installation permit validity: 180 days (A time extension may be granted for weather-related delay or inspections involving a home being re-manufactured or installed on a permanent foundation.) · permit for certain alteration, modification, or repair: 15 USD (Available upon written request and excludes warranty work performed under a previous permit and installation.) · fine for installation without permit: double the permit fee (Applies to the homeowner, dealer, or installer.)
“inspectors shall certify on the permit, or upon any inspection report, that the manufactured home meets the minimum standards for use and occupancy”
14.12.9 NMAC — Inspections ↗Re-checked Sep 12, 2026
Who permits septicState
On-site liquid waste systems and effluent receiving 5,000 gallons or less per day and not requiring a discharge plan or NPDES permit.
- 20.7.3 NMAC identifies the New Mexico Environmental Improvement Board as the issuing agency and defines the department as the New Mexico Environment Department.
- More stringent city or county requirements may also apply.
maximum regulated flow: <= 5000 gallons per day (Systems requiring a discharge plan under 20.6.2 NMAC or an NPDES permit are outside this part.)
“20.7.3.1 ISSUING AGENCY: New Mexico Environmental Improvement Board.”
20.7.3 NMAC — Liquid Waste Disposal and Treatment ↗Re-checked Sep 12, 2026
Septic permitRequired
Installation or modification of a new or existing on-site liquid waste system, including residential or commercial units on lots for which such a system is required.
- A permit issued by the New Mexico Environment Department, including payment of the permit fee, is required before construction or modification.
- A permit is not required for graywater discharges or systems meeting 20.7.3.810 NMAC.
- A dwelling may not be constructed, modified, or transported onto a lot requiring an on-site liquid waste system unless the department has issued the permit beforehand.
- Other state, city, county, or federal approvals may also be required.
- The department generally acts within 10 working days after a completed conventional-system application, subject to the rule's extension for potentially more stringent requirements.
maximum regulated flow: <= 5000 gallons per day (20.7.3.2 NMAC scope limitation) · permit application completeness determination: 5 working days (Conventional systems) · conventional permit decision: 10 working days (After receipt of a completed application; review may extend to 20 working days when more stringent requirements may be necessary)
“No person shall install or have installed a new on-site liquid waste system or modify or have modified an existing on-site liquid waste system, unless that person obtains a permit issued by the department, including payment of the permit fee, prior to construction of such installation or modification.”
20.7.3.401 NMAC — Permitting; General Requirements ↗Re-checked Sep 12, 2026
Off-grid sanitationLimited
Privies, permitted on-site liquid waste systems, and qualifying private residential graywater discharges statewide.
- A privy may dispose of human excreta and toilet paper but not other liquid wastes.
- Untreated liquid waste must go to a permitted and approved enclosed system, permitted and approved treatment unit, or public sewer, except qualifying graywater.
- Graywater under 250 gallons per day may be used for household gardening, composting, or landscaping irrigation only if all listed conditions are met, including no runoff, no spraying, no watercourse discharge, floodway exclusion, five-foot groundwater separation, local ordinance compliance, 24-hour storage limit, and specified well setbacks.
- Graywater use for purposes other than irrigation or composting requires a department permit.
private residential graywater discharge: < 250 gallons per day (Qualifying graywater discharge under 20.7.3.810 NMAC) · graywater setback from private domestic well: >= 100 feet · graywater setback from public water supply well: >= 200 feet · graywater storage before discharge: <= 24 hours
“A privy may be used for the disposal of human excreta and toilet paper, but not for the disposal of other liquid wastes.”
20.7.3 NMAC — Liquid Waste Disposal and Treatment ↗Re-checked Sep 12, 2026
Mandatory utility hookupConditional
Residential and commercial units using an on-site liquid waste system when a public sewer is available and connection is required by the local authority with jurisdiction.
- A public sewer is deemed available when it has capacity and is located in a thoroughfare, right-of-way, or easement abutting the lot.
- The on-site system must be properly abandoned within 30 days after connection.
- The state rule does not itself identify which local authority will require connection.
abandonment deadline after sewer connection: 30 days
“All residential and commercial units utilizing an on-site liquid waste system shall connect to a public sewer upon availability and if required in accordance with the local authority that has jurisdiction.”
20.7.3 NMAC — Liquid Waste Disposal and Treatment ↗Re-checked Sep 12, 2026
Agricultural exemptionConditional
Statewide agricultural exemption from the New Mexico Subdivision Act for the sale, lease, or other conveyance of a parcel of at least 35 acres.
- The parcel must be thirty-five acres or larger.
- The conveyance must occur within a twelve-month period covered by the statutory exception.
- The land must have been used primarily and continuously for agricultural purposes, in accordance with Section 7-36-20 NMSA 1978, for the preceding three years.
minimum parcel size: >= 35 acres · agricultural use duration: >= 3 years (land must have been used primarily and continuously for agricultural purposes in accordance with Section 7-36-20 NMSA 1978) · conveyance period: 12 months (within any twelve-month period)
“the sale, lease or other conveyance of any parcel that is thirty-five acres or larger in size within any twelve-month period; provided that the land has been used primarily and continuously for agricultural purposes, in accordance with Section 7-36-20 NMSA 1978, for the preceding three years;”
Senate Bill 176 — New Mexico Subdivision Act ↗Re-checked Sep 12, 2026
Subdividing landRegulated (with conditions)
Division of land statewide in New Mexico into two or more parcels for sale, lease, other conveyance, or building development, subject to the New Mexico Subdivision Act and its statutory exceptions.
- The source defines subdivision as division of a surface area of land, including land within a previously approved subdivision, into two or more parcels for sale, lease or other conveyance or for building development, whether immediate or future.
- The Act contains exceptions, including certain agricultural conveyances, grazing or farming divisions, municipal-boundary divisions, family transfers, divisions creating no parcel smaller than 140 acres, and other listed exceptions.
“The board of county commissioners of each county shall regulate subdivisions within the county's boundaries.”
Senate Bill 176 — New Mexico Subdivision Act ↗Re-checked Sep 12, 2026
Driveway accessRequired
Permanent or temporary direct vehicular access from property in close proximity to or adjoining a New Mexico state highway.
- An access permit must be issued by the New Mexico Department of Transportation before constructing or modifying covered access.
- Access permits are issued only when the application complies with 18.31.6 NMAC.
- The department or an approved issuing authority may impose terms and conditions.
- The rule concerns state highways under the jurisdiction of the state transportation commission; it does not establish a universal permit requirement for every non-state roadway.
- For additional traffic from expansion or redevelopment, the property owner must contact the department to determine whether a new application or access modification is required; no new application is required if the department determines modifications are unnecessary.
“no person shall construct or modify any permanent or temporary access [...] without an access permit issued by the New Mexico department of transportation.”
18.31.6 NMAC ↗Re-checked Sep 12, 2026
Building in a floodplainRequired
Construction or development within a FEMA Special Flood Hazard Area in a New Mexico community, and proposed construction or other development in communities where FEMA has not defined a Special Flood Hazard Area.
- Approval by the local community Floodplain Administrator is required before construction or development within any Special Flood Hazard Area.
- Where FEMA has not defined the Special Flood Hazard Area, the community must require permits for all proposed construction or other development, including manufactured homes, to determine whether the activity is in a flood-prone area.
- Approval is intended to ensure compliance with the National Flood Insurance Program and the community’s floodplain management ordinance.
- The source identifies 104 New Mexico communities participating in the National Flood Insurance Program; the administering official is the applicable local community Floodplain Administrator, not the state agency.
“Approval by the local community Floodplain Administrator is required before construction or development begins within any Special Flood Hazard Area.”
Flooding ↗Re-checked Sep 12, 2026
Permit feesVariable (with conditions)
New Mexico Construction Industries Division permitting fees for covered construction work statewide.
- General building permitting fees vary by type of construction, square footage, type of materials, and construction costs.
- The official schedule separately publishes fixed fees for some electrical, LP gas, mechanical/plumbing, and other items.
- Applicants are directed to contact one of CID’s three offices for permitting fees.
“Permitting Fees are based upon type of construction, square footage, type of materials and construction costs.”
Construction Industries Forms and Applications Fees ↗Re-checked Sep 12, 2026
county zoning authorityGeneral
New Mexico counties may adopt zoning ordinances for all or any portion of county territory that is not within a municipality's zoning jurisdiction.
- The county zoning authority's ordinance applies only to territory not within the zoning jurisdiction of a municipality.
- Municipalities may have concurrent extraterritorial zoning authority in specified circumstances, including population-based distances, overlapping extraterritorial jurisdictions, and additional territory placed under municipal jurisdiction by county-municipal agreement.
- Concurrent municipal authority is exercised pursuant to an extraterritorial zoning authority or joint powers agreement and may be exercised whether or not the county has enacted a comprehensive zoning ordinance.
- In the absence of a county zoning ordinance, a qualified-elector petition signed by at least twenty-five percent of votes cast for governor at the preceding general election may require the board of county commissioners to adopt a county zoning ordinance within one year.
“A. a county zoning authority may adopt a zoning ordinance applicable to all or any portion of the territory within the county that is not within the zoning jurisdiction of a municipality;”
Senate Bill 241, Final Version ↗Re-checked Sep 21, 2026
county building authorityLimited
New Mexico counties that qualify as an authority having jurisdiction may administer permitting, inspection, and enforcement for residential construction in unincorporated areas and enforce applicable New Mexico construction codes.
- A county must have a full-service building department employing a full-time certified building official and have permitting, inspection, and enforcement authority over general construction, electrical, and mechanical-plumbing trades.
- A county established as an authority having jurisdiction before July 1, 2009 may continue with authority over specified trades without a full-service building department until it relinquishes that authority.
- Construction work subject to the Construction Industries Licensing Act and applicable rules requires the applicable permit before construction or specified installation, alteration, repair, maintenance, or demolition work begins, unless an applicable statute or rule provides otherwise.
- The statewide rule is effective March 10, 2022, unless a later date is cited at the end of a section.
- A permit may be issued to a homeowner only subject to the limitations of 14.5.2.18 NMAC and an annual permit under 14.5.2.19 NMAC.
““Authority having jurisdiction” “AHJ” means the state or a municipality, county or other political subdivision that has a full-service building department employing a full-time certified building official and has permitting, inspection and enforcement authority over the general construction, electrical and mechanical-plumbing trades within its jurisdiction.”
14.5.1 NMAC, Construction Industries General Provisions ↗Re-checked Sep 21, 2026

Still unanswered

We looked and could not find an official answer yet. Silence is not permission — ask the county directly.

Minimum dwelling size — Minimum dwelling size in unincorporated Bernalillo County.
Setbacks — Setbacks in unincorporated Bernalillo County zoning districts.
Lot coverage — Lot coverage in unincorporated Bernalillo County zoning districts.
Building height — Building height in unincorporated Bernalillo County zoning districts.
Living in an RV — Long-term or residential RV occupancy on private land in Bernalillo County.

5 more unanswered

Camping on your land
Accessory dwellings
Septic inspection
Well permit
Short-term rentals

Each answer was extracted from an official source and independently re-checked against that source by a second reviewer. That is an evidence check, not legal advice. Rules change; confirm with the authority before you buy or build.

Water rights & wells in Bernalillo County

Whether a new home can legally get its own water here — the sub-state groundwater regime, from New Mexico’s water agency.

Over-appropriated / declining

The aquifer here is over-appropriated and declining. A domestic well is usually still permit-exempt, but long-term supply is a genuine risk.

Household wellPermit required (issued by right)

Nearly all developed New Mexico lies inside an OSE 'declared' underground water basin, but a household 72-12-1.1 domestic well is a by-right permit the State Engineer issues even in closed/over-appropriated basins (metering can be required). The by-right amount is cut to 0.25 acre-ft/yr in a declared Domestic Well Management Area, and a few basin-specific orders cap it further (Gallup Order 197, Zuni Order 199) or stop issuing new domestic permits entirely (Hot Springs Order 198).

Limit: 1 acre-ft/yr by right (NMSA 72-12-1.1); 0.25 acre-ft/yr in a declared Domestic Well Management Area

NM OSE domestic well rules, 19.27.5 NMAC ↗

Estancia Basinpartial of county
Valley-fill declines up to ~5 ft/yr with multiple Critical Management Areas; new non-domestic appropriations are rejected and rights cannot be moved into a CMA. A 72-12-1.1 household domestic well is still issued under the statewide rules and basin drawdown limits.
NM OSE Estancia Basin Guidelines (2021) ↗
Middle Rio Grande Basinpartial of county
Effectively fully appropriated; OSE requires new depletions to be offset by retiring/transferring existing rights. A new home cannot get a fresh non-domestic right without an offset, but a 72-12-1.1 household domestic well remains available by right (metered).
NM OSE Water Rights District 1 ↗

Prior-appropriation state (first in time, first in right). Groundwater rules change and basin boundaries follow the aquifer, not the county line — confirm current well and appropriation rules with the New Mexico state water agency before you buy or drill.Groundwater governance as of Jul 2026, cited to each administering agency.

Living off-grid in Bernalillo County, New Mexico

Is Bernalillo County a good place to live off-grid or homestead?

Bernalillo County scores 40/100 on the Bolthole Index, a marginal county profile. Its strengths: manageable long-term carry cost. Watch-outs: about 584,157 people within a 30-minute drive and weak self-sufficiency basics: only 11.7″ of rain a year, in severe drought 39.1% of years.

Do you need a building permit in Bernalillo County, New Mexico?

Bernalillo County generally requires a residential building permit, and it enforces county zoning. Onsite septic is permitted by Bernalillo County Public Works - Wastewater/Onsite Liquid Waste Program. Owner-builders may act as their own contractor to build their home. These answers are quoted from official sources and independently re-checked. Rules change and cities within the county differ — always confirm with the county before you buy or build.

How much does land cost in Bernalillo County, New Mexico?

Land in Bernalillo County runs about $2,788 per acre, based on the latest county data.

What is the water situation in Bernalillo County?

Bernalillo County gets about 11.7" of rain a year, with severe drought in roughly 39.1% of years. On water rights, Bernalillo County lies in the Estancia Basin — Valley-fill declines up to ~5 ft/yr with multiple Critical Management Areas; new non-domestic appropriations are rejected and rights cannot be moved into a CMA. A 72-12-1.1 household domestic well is still issued under the statewide rules and basin drawdown limits..

How remote is Bernalillo County?

A representative private-land location has about 584,157 people within a 30-minute drive and 1,348,560 within two hours. The road-network catchments count population across county lines and clusters of smaller cities; straight-line radius values remain available as a comparison.

Building permits, zoning and land rules in Bernalillo County, New Mexico

At a glance

Who to call

Do you need a building permit in Bernalillo County, New Mexico?

Who issues Bernalillo County building permits, and how do you reach them?

Does Bernalillo County have zoning?

How do septic permits work in Bernalillo County?

Can you live in an RV or tiny home on your land in Bernalillo County?

Building a home in Bernalillo County: the steps, in order

What to check before you buy land in Bernalillo County

Watch-outs

Sources

Bernalillo County in New Mexico

How Bernalillo County scores

Find land. Bring the promising ones back.

Parcel due diligence

Answers from the rulebook for Bernalillo County

Bernalillo County rules

New Mexico rules that apply here

Still unanswered

Water rights & wells in Bernalillo County

Living off-grid in Bernalillo County, New Mexico

Is Bernalillo County a good place to live off-grid or homestead?

Do you need a building permit in Bernalillo County, New Mexico?

How much does land cost in Bernalillo County, New Mexico?

What is the water situation in Bernalillo County?

How remote is Bernalillo County?

How Bernalillo compares in New Mexico