Bolthole Index

Chaves County, New Mexico

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

30Index Score / 100
#30 of 33 in New Mexico

Chaves County, New Mexico requires building permits, with local plan review, inspections and permit issuance handled by the county under Building Code Ordinance No. 601. County zoning covers land outside the Roswell-Chaves extraterritorial zone and the municipal limits of Roswell, Dexter, Hagerman and Lake Arthur2. Septic permits and inspections go through the New Mexico Environment Department34.

At a glance

Building permit
Required; Chaves County provides local plan review, inspections and permit issuance1
Zoning
County zoning applies outside the Roswell-Chaves ETZ and the municipal limits of Roswell, Dexter, Hagerman and Lake Arthur2
Septic
A state Liquid Waste Permit and an uncovered installation inspection are required54
RV living
A temporary RV for care of an immediate family member requires a Special Use Permit under county zoning6
Accessory dwelling
Zone B allows one family's accessory living quarters, but not separate rental, lease, sale or business use7
Minimum lot size
New parcels in Area II must be at least 5 acres; other areas and districts differ8
Electrical permits
County applications and inspections are temporarily suspended; contact NMCID's Las Cruces office910

Who to call

Planning & zoning

Chaves County Planning & Zoning Department

Building, zoning, addressing, and manufactured-home placement permits; administration of the county's zoning, subdivision, and flood damage prevention ordinances

575-624-6606

1 St. Mary’s Place, Suite #170, Roswell, NM 88203

Building permits

New Mexico Construction Industries Division - Las Cruces Office

Electrical permits and inspections for Chaves County while the county's own electrical permitting is suspended

575-524-6320

Roads & driveways

Chaves County Road Department

Issues permits for driveways, cattle guards, drainage culverts, and pipelines that cross or sit adjacent to county roads and rights-of-way

575-624-6610

1505 E Brasher Road, Roswell, NM 88203

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 Chaves County, New Mexico?

Yes. Chaves County provides local plan review, inspections and building-permit issuance under Building Code Ordinance No. 601. New Mexico's residential code covers detached one- and two-family dwellings statewide, with limited permit exemptions that include certain one-story accessory structures no larger than 120 square feet and fences no taller than 6 feet1112. Chaves County has temporarily suspended electrical permit applications and inspections, so electrical work currently routes to the New Mexico Construction Industries Division's Las Cruces office910. A manufactured home also needs a state installation permit before installation, while county zoning and placement requirements still apply139.

Who handles permits in Chaves County, and how do you reach them?

Start with the Chaves County Planning & Zoning Department at 1 St. Mary’s Place, Suite #170, Roswell, NM 88203, or call 575-624-66069. For a county zoning permit, the owner, lessee, authorized agent, architect, engineer or builder may apply, and the application must include a deed or purchase contract plus the drawings or other information required by the Ordinance Officer14. Electrical permits and inspections currently go to the New Mexico Construction Industries Division's Las Cruces office at 575-524-6320910. For a driveway, cattle guard, drainage culvert or pipeline crossing or adjoining a county road or right-of-way, contact the Chaves County Road Department at 1505 E Brasher Road, Roswell, NM 88203, or 575-624-661015.

Does Chaves County have zoning?

Yes. Chaves County zoning applies outside the Roswell-Chaves County Extraterritorial Zoning Area and the municipal limits of Roswell, Dexter, Hagerman and Lake Arthur2. Roswell, Dexter and Hagerman have municipal zoning, while Roswell shares a two-mile extraterritorial zone with the county16. County land is divided into areas and Agriculture, Residential, Commercial and Industrial zones, so verify the parcel's map designation before relying on a dimensional rule17. In Area II, a new parcel must contain at least 5 acres, while Area I had no minimum size for new parcels and other districts can differ8. Zone A and Zone B residential lots have front and rear setbacks of at least 40 feet and side setbacks of at least 25 feet, with the front-yard measurement tied to road or survey lines18. Building height in those zones is capped by applicable FAA height regulations19.

How do septic permits work in Chaves County?

The New Mexico Environment Department, not Chaves County, handles onsite wastewater applications for Chaves County3. A regulated new or modified system requires a Liquid Waste Permit application with proof of ownership, a site diagram, bedroom or fixture information and supporting site details5. After approval, request the state inspection 48 hours, or 2 business days, in advance and do not cover the system before inspection; an approved inspection leads to a Permit to Operate4. New Mexico's program covers onsite systems handling up to 5,000 gallons per day, and the department generally decides a complete conventional-system application within 10 working days20. Only 29.3% of Chaves County soils rate free of severe limitations for a conventional drain field, so treat the parcel evaluation as a real design constraint rather than a formality21.

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

Under the county zoning ordinance's special-use provisions, a temporary second dwelling or RV on one parcel requires a Special Use Permit and is limited to caring for an immediate family member6. The reviewed county rule does not confirm broader temporary camping or full-time RV living, so ask the Planning & Zoning Department about the parcel and proposed duration before moving an RV onsite9. Zone B allows accessory living quarters for one family, but the quarters cannot be rented, leased or sold apart from the main use or used to conduct a business7. A permanent-foundation tiny house can qualify under New Mexico's residential tiny-house rules if it supplies complete independent living facilities and contains no more than 400 square feet excluding lofts22. A tiny house that retains its chassis and permanent axle is treated as an RV instead22.

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

  1. Ask the Planning & Zoning Department whether county zoning, a municipality or the Roswell-Chaves ETZ governs the parcel, then confirm its area and zone21617.
  2. Submit the county permit application with ownership documentation and the drawings or other information required by the Ordinance Officer14.
  3. Route electrical permitting to the state Construction Industries Division's Las Cruces office while the county suspension remains in effect910.
  4. If creating a subdivision, complete the public-hearing and zoning process before final plat approval23.
  5. Apply to the New Mexico Environment Department for the septic permit, then leave the installation uncovered for the required inspection54.
  6. Obtain a Road Department permit for work crossing or adjoining a county road or right-of-way15.

What should you check before buying land in Chaves County?

Confirm the governing zoning map first: county rules exclude the municipalities and the Roswell-Chaves ETZ, and county dimensional rules vary by area and district217. Confirm water rights and likely well yield because Chaves County averages 13.4 inches of precipitation annually and has experienced severe drought in about 48% of years2425. Test septic feasibility early because only 29.3% of county soils rate free of severe limits for a conventional drain field21. Ask the Planning & Zoning Department about floodplain approval because the county lists a Flood Damage Prevention Ordinance, but the applicable development requirements could not be confirmed9. Check legal access and contact the Road Department before planning work along a county right-of-way15. The effective property-tax rate is about 0.6%, and the median annual property-tax bill is about $9152627.

Watch-outs

  • Chaves County has temporarily suspended electrical permit applications and inspections; electrical work currently goes through the state Construction Industries Division's Las Cruces office910.
  • Starting a county-regulated use without its required zoning permit can lead to a doubled permit fee or court action14.
  • The reviewed RV rule covers a temporary RV used to care for immediate family under a Special Use Permit, but broader temporary camping or full-time RV occupancy could not be confirmed; ask the Planning & Zoning Department69.

Sources

  1. Chaves County Planning & Zoning - Building Permit Forms (2026 county census)
  2. Chaves County Zoning Ordinance, quoted and re-checked
  3. Apply for a Permit, quoted and re-checked
  4. Apply for a Permit, quoted and re-checked
  5. Apply for a Permit, quoted and re-checked
  6. Chaves County Zoning Ordinance, quoted and re-checked
  7. Chaves County Zoning Ordinance, quoted and re-checked
  8. Chaves County Zoning Ordinance, quoted and re-checked
  9. Chaves County Planning & Zoning Department (chavescounty.gov)
  10. New Mexico Construction Industries Division - Las Cruces Office (chavescounty.gov)
  11. Rules, Laws, and Building Codes (New Mexico statewide rule), quoted and re-checked
  12. Building Permit Guide for Residential Construction (New Mexico statewide rule), quoted and re-checked
  13. 14.12.9 NMAC — Inspections (New Mexico statewide rule), quoted and re-checked
  14. Chaves County Zoning Ordinance, quoted and re-checked
  15. Chaves County Road Department (chavescounty.gov)
  16. Chaves County Comprehensive Plan, quoted and re-checked
  17. Chaves County Zoning Ordinance, quoted and re-checked
  18. Chaves County Zoning Ordinance, quoted and re-checked
  19. Chaves County Zoning Ordinance, quoted and re-checked
  20. 20.7.3.401 NMAC — Permitting; General Requirements (New Mexico statewide rule), quoted and re-checked
  21. Share of soils without severe limits for a conventional septic drain field (USDA SSURGO): Bolthole Index county data
  22. 14.7.3 NMAC — 2021 New Mexico Residential Building Code (New Mexico statewide rule), quoted and re-checked
  23. Chaves County Zoning Ordinance, quoted and re-checked
  24. Annual precipitation: Bolthole Index county data
  25. Share of years in severe drought: Bolthole Index county data
  26. Effective property tax rate: Bolthole Index county data
  27. Median property tax bill: Bolthole Index county data

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.

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County locator

Chaves County in New Mexico

30
County map
Chaves County highlighted among the New Mexico counties · colored by Index score

How Chaves County scores

Seclusion86100% ev.
Self-Sufficiency1296% ev.
Admin Boringness4090% ev.
Durability25100% ev.
Property Autonomy38100% ev.
Carry Cost85100% ev.

Evidence strength: 97%. This reports direct-source completeness and fallback use; it is separate from the score and is not a confidence interval. How it works →

$172kTypical home
0.6%Property tax
$887Land / acre
13.4"Annual rain
48% of yrsSevere drought
31.4 / yr (+23.1)Mid-century 100°F days
39.3 daysMid-century dry spell
1.23" (+7.1%)Mid-century 1-day rain
1.21×Wildfire change factor
100%Forward climate coverage
$2,158Home insurance / yr
1.4% / yrInsurance growth
0.8%Nonrenewal rate
county median (2+ published ZIPs)Insurance basis
65,046People within 2 hr
114Radius comparison (15 mi)
10.5People / sq mi
32.7%Federal land
87%Land at 15% slope or less
29.3%Septic soil without severe limits
1,128,082 acWorkable land screen
1.1%Wooded land
0.8 tonsBiomass / forest ac
59.8°FAvg temp

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Answers from the rulebook for Chaves County

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

Chaves County rules

  • County-wide zoningPresent (with conditions)

    County zoning jurisdiction outside the Roswell-Chaves County Extraterritorial Zoning Area and the municipal limits of Roswell, Dexter, Hagerman, and Lake Arthur.

    • The ordinance expressly excludes the Roswell-Chaves County Extraterritorial Zoning Area and the listed municipal limits.
    • County zoning is organized into Areas and zones, including Agriculture, Residential, Commercial, and Industrial.
    “This Ordinance applies to all of the territory within Chaves County that is not within the jurisdiction of the following municipalities: 1. The municipal limits of Roswell, New Mexico and extraterritorial limits of the Roswell-Chaves County Extraterritorial Zoning Ordinance as shown by the official maps; 2. Municipal limits of Dexter, New Mexico, to change as the municipal limit changes; 3. Municipal limits of Hagerman, New Mexico, to change as the municipal limit changes; and 4. Municipal limits of Lake Arthur, New Mexico, to change as the municipal limit changes.”
  • Local zoningVaries (with conditions)

    County aggregate of local zoning: county zoning, municipal zoning, and the Roswell-Chaves County extraterritorial zone.

    • This is an aggregate conclusion and does not mean Chaves County administers every municipal ordinance.
    • Dexter, Hagerman, and Roswell have zoning ordinances; Roswell also has a two-mile extraterritorial zone shared with Chaves County.
    “Each of the incorporated municipalities in Chaves County is responsible for its own planning and zoning. As previously mentioned, all of the communities have their own comprehensive plan and Dexter, Hagerman, and Roswell have zoning ordinances. In addition, the City of Roswell has a two-mile extraterritorial zone (ETZ) that it shares with Chaves County.”
  • Zoning districtsPublished (with conditions)

    County zoning districts and land-use areas, including Areas I and II and the Agriculture, Residential, Commercial, and Industrial zones.

    • The ordinance provides that official zoning maps are adopted by reference and are part of the zoning regulations.
    • The county zoning ordinance excludes municipal limits and the Roswell-Chaves County ETZ, which are governed separately.
    “Each area shall be further divided into zones, with the primary zone in each Area being Agriculture: 1. Zone A – Agriculture [...] 2. Zone B – Residential [...] 3. Zone C – Commercial [...] 4. Zone D – Industrial”
  • Minimum lot sizeDistrict specific (with conditions)

    New parcels in County Zoning Ordinance Area II and other county zoning areas.

    • Area II limits new parcels created after ordinance adoption to a minimum of five acres.
    • The comprehensive plan states that Area I had no minimum size limits for new parcels.
    • Other districts may have separate dimensional rules.

    minimum new parcel size: >= 5 acres (Area II)

    “Any new parcels created after date of adoption of this Ordinance shall be limited to a minimum of five acres.”
  • SetbacksSpecified

    County Zone A and Zone B residential districts.

    • The front-yard measurement is tied to section lines, half-section lines, or road centerlines.
    • Other districts may have different setback or yard rules.

    front yard: >= 40 feet (measured from a line 50 feet from a section line, 40 feet from a half-section line, or 30 feet from a road centerline) · side yard: >= 25 feet · rear yard: >= 40 feet

    “There shall be a front yard having a depth of not less than forty (40) feet from a line that is: (1) fifty (50) feet from a section line; (2) forty (40) feet from a half-section line; (3) thirty (30) feet from the center line on any roads. 2. Side Yard. A side yard of at least twenty-five (25) feet. 3. Rear Yard. There shall be a rear yard having a depth of not less than forty (40) feet.”
  • Building heightSpecified

    Buildings in County Zone A and Zone B residential districts.

    • No building may exceed applicable Federal Aviation Administration height regulations.
    • Other zoning districts may have additional or different height rules.
    “Height regulations. No building shall exceed the FAA height regulations.”
  • Living in an RVLimited

    A temporary second residential dwelling unit or recreational vehicle on one lot or parcel in county zoning districts governed by the special-use provisions.

    • A Special Use Permit is required.
    • The use is limited to care of an immediate family member.
    • The ordinance separately identifies recreational vehicle parks in the Agriculture-Residential District as a special-use category.
    “A Special Use Permit may be allowed for the following uses: [...] A temporary second residential dwelling unit or Recreational Vehicle, on one lot or parcel of land for the care of an immediate family member.”
  • Accessory dwellingsAllowed (with conditions)

    Accessory living quarters in county Zone B residential districts.

    • Only one family may occupy the accessory living quarters on each lot.
    • The accessory quarters may not be rented, leased, or sold separately from the principal use.
    • The accessory quarters may not be used for conducting a business.
    • The source also lists accessory living quarters as a permitted accessory use in the residential zones.
    “Accessory building or accessory living quarters for use as guest house or domestic servants quarters. Accessory living quarters for only one (1) family may be provided on each lot, and may not be for rent, for lease, or for sale separated from the principal use, or for use involving the conduct of a business.”
  • Subdividing landRegulated (with conditions)

    Proposed subdivisions under the Chaves County zoning and subdivision framework.

    • Proposed subdivisions receive zoning districts or land-use areas after a Planning and Zoning Commission public hearing and before final plat approval.
    • The Board of County Commissioners may act on the final plat and zoning at the same time.
    “Proposed subdivisions shall have their Zoning Districts or Land Use Areas assigned by the Chaves County Planning and Zoning Commission after a public hearing held by that body prior to the final approval of the plat by Planning and Zoning Commission. The Board of Chaves County Commissioners may then take action on the final plat and the zoning at the same time.”
  • Permit processPublished (with conditions)

    County zoning land-use permit applications.

    • Applications may be submitted by the owner, lessee, authorized agent, architect, engineer, or builder.
    • Applications must include a deed or purchase contract and drawings or other information required by the Ordinance Officer.
    • A use commenced without a required permit may result in a doubled permit fee or court action.
    “An application for permit shall be submitted in such form as the Ordinance Officer shall require. Such application shall be made by the owner or lessee, or agent of either, or the architect, engineer, or builder employed in connection with the proposed use.”

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 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.”
    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.”
  • InspectionsRequired

    State-administered residential and commercial construction requiring building permits.

    • Residential inspections include foundation, concrete slab or under-floor, frame, weather-resistive barrier, and final inspection.
    • Final electrical, plumbing, and mechanical inspections must occur before the final general construction inspection.
    • The building official or Construction Inspector may require additional inspections to establish compliance with the New Mexico Building Code and other enforced laws.
    • Inspection requests require the permit number, inspection type, requestor contact information, and confirmation that work is complete and the permit is affixed near the front exterior door.
    “REQUIRED INSPECTIONS To request an inspection e-mail us at [email protected] or call 505-222-9813 or 877-243-0979”
  • 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”
  • 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”
  • 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.”
    One more reviewed finding on this topic
    • State — Onsite wastewater and septic permitting affecting Chaves County.
      “Submit to Local NMED Field Office for review. NMED will notify applicant of actions taken on the permit application.”
  • 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.”
    One more reviewed finding on this topic
    • Required — New, modified, or otherwise regulated onsite wastewater systems in Chaves County.
      “Application – Print and fill out an Application for Liquid Waste Permit , Section 20.7.3.401 NMAC”
  • Septic inspectionRequired

    Installation inspection for onsite wastewater systems in Chaves County.

    • Inspection must be requested from NMED 48 hours, or two business days, in advance.
    • The system must not be covered before inspection.
    • After an approved inspection, NMED issues a Permit to Operate.

    inspection notice: 48 hours (or 2 business days)

    “Request Inspection by NMED 48 hours (2 business days) in advance (DO NOT COVER BEFORE INSPECTION)”
  • 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.”
  • 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.”
  • 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;”
  • 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.”
  • 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.”
  • 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.”
  • 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;”
  • 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.”

Still unanswered

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

  • Owner-builder exemption — Owner-builder exemptions from county building requirements.
  • Certificate of occupancy — Certificates of occupancy for buildings in unincorporated Chaves County.
  • Minimum dwelling size — Minimum dwelling size requirements.
  • Lot coverage — Lot coverage limits in Chaves County zoning districts and the Roswell-Chaves County extraterritorial zone.
  • Camping on your land — Temporary camping on private land in Chaves County.
2 more unanswered
  • 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 Chaves 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 ↗
  • Roswell Artesian Basinpartial of county

    Pecos-connected artesian/shallow aquifer 'closed for an indefinite period' to new appropriations (State Engineer Order 7, 1937) and adjudicated under the Lewis decree; a new home cannot get a non-domestic right, but a 72-12-1.1 household domestic well is still issued (often meter-waived).

    NM OSE Roswell Basin Guidelines (2005) ↗
  • Salt Underground Water Basin (Salt Basin)partial of county

    OSE-declared Article-7 groundwater basin; new non-domestic (72-12-3) appropriations require an OSE permit showing unappropriated water. The 72-12-1.1 household domestic well remains by-right — no Domestic Well Management Area is declared in New Mexico. Declared 2000 largely to assert OSE jurisdiction over a brackish interstate (NM-TX) aquifer under out-of-state pumping pressure.

    NM OSE Article 7 (Declared Underground Water Basins) ↗
  • Fort Sumner Underground Water Basinpartial of county

    OSE-declared Article-7 groundwater basin; new non-domestic (72-12-3) appropriations require an OSE permit showing unappropriated water. The 72-12-1.1 household domestic well remains by-right — no Domestic Well Management Area is declared in New Mexico. Pecos-system basin centered on De Baca County, administered under the Pecos River Compact.

    NM OSE Article 7 (Declared Underground Water Basins) ↗
  • Peñasco Underground Water Basinlocalized of county

    OSE-declared Article-7 groundwater basin; new non-domestic (72-12-3) appropriations require an OSE permit showing unappropriated water. The 72-12-1.1 household domestic well remains by-right — no Domestic Well Management Area is declared in New Mexico. Rio Peñasco/Sacramento drainage basin, connected to the Pecos system.

    NM OSE Article 7 (Declared Underground Water Basins) ↗

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 Chaves County, New Mexico

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

Chaves County scores 30/100 on the Bolthole Index, a weak county profile. Its strengths: deep seclusion — about 114 people within 15 miles and manageable long-term carry cost. Watch-outs: weak self-sufficiency basics: only 13.4″ of rain a year, in severe drought 48% of years and elevated mid-century heat, water, rain, or wildfire exposure.

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

Chaves County generally requires a residential building permit, and it enforces county zoning. Onsite septic is permitted by New Mexico Environment Department, Onsite Wastewater Bureau (Liquid Waste Program). 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 Chaves County, New Mexico?

Land in Chaves County runs about $887 per acre, based on the latest county data.

What is the water situation in Chaves County?

Chaves County gets about 13.4" of rain a year, with severe drought in roughly 48% of years. On water rights, Chaves County lies in the Roswell Artesian Basin — Pecos-connected artesian/shallow aquifer 'closed for an indefinite period' to new appropriations (State Engineer Order 7, 1937) and adjudicated under the Lewis decree; a new home cannot get a non-domestic right, but a 72-12-1.1 household domestic well is still issued (often meter-waived)..

How remote is Chaves County?

A typical private-land location has about 114 people within 15 miles and 284,852 within 100 miles. These radius catchments are the published fallback where road routing is unavailable.

Off-grid gear

Going off-grid in Chaves County means bringing your own water and power. The kit we’d start with:

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How Chaves compares in New Mexico

Compare side-by-side →See all 33 New Mexico counties ranked →