Bolthole Index

McKinley County, New Mexico

Building permits, zoning and septic rules in McKinley County, New Mexico

57Index Score / 100
#2 of 33 in New Mexico

Building permits are required for covered work in unincorporated McKinley County, New Mexico, and the New Mexico Construction Industries Division administers them because the county has no local building department1. McKinley County has no general zoning ordinance in its unincorporated communities2. The New Mexico Environment Department handles onsite septic permits3.

At a glance

Building permit
Required for covered work; issued by the New Mexico Construction Industries Division14
Zoning
No general zoning ordinance in the county's unincorporated communities; municipal rules may differ25
Septic permits
Issued by the New Mexico Environment Department through its local field office67
Owner-builder
A conditional homeowner permit is available for work on the owner's primary residence8
RV living
County-specific long-term occupancy rules could not be confirmed; ask the county Legal Department9
Tiny home
No general county-zoning minimum dwelling size; state code allows a tiny house on a permanent foundation1011
Subdivision lots
Minimum lot sizes vary by slope and onsite-wastewater requirements12

Who to call

Building permits

New Mexico Construction Industries Division (CID) - Albuquerque Office

State building permits, plan review and inspections for covered work in unincorporated McKinley County

(505) 222-9800

5500 San Antonio Dr. Suite F, Albuquerque, NM 87109

Online permits →

Zoning

McKinley County Legal Department (Land Use)

Parcel-specific land-use and zoning questions and requests for a county zoning letter

505-863-1400

207 West Hill Ave, Gallup, NM 87301

Septic permits

New Mexico Environment Department - Gallup Field Office (Onsite Wastewater Bureau)

Onsite liquid-waste permit applications and permit searches for McKinley County

505-722-4160

[email protected]

1720 East Aztec Avenue, Gallup, NM 87301

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 McKinley County, New Mexico?

Yes. Covered construction work in McKinley County requires a permit, and the New Mexico Construction Industries Division administers permits in unincorporated areas because the county has no local building department14. New Mexico has adopted residential and commercial building codes that apply by project type in McKinley County13. Permit exemptions include qualifying one-story detached accessory buildings no larger than 120 square feet and fences no higher than 6 feet, although separate plumbing, electrical or mechanical permits may still be required14. Permit fees vary with construction type, square footage, materials and cost15. A qualifying property owner may seek a homeowner permit for a primary residence, but the owner must complete the major portion of the work by dollar value and satisfy the state's documentation and approval requirements8.

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

The New Mexico Construction Industries Division, rather than a McKinley County building department, issues the applicable state building permits for unincorporated McKinley County1. CID's Albuquerque office is at 5500 San Antonio Dr. Suite F, Albuquerque, NM 87109, and its phone number is (505) 222-980016. CID also provides an online permit portal16. For a residential application, CID requires zoning approval, complete plans, the state building application and the permit fee; CID states that a complete permit package is issued within 5 working days17. McKinley County sends parcel-specific zoning and land-use questions to its Legal Department at 207 West Hill Ave, Gallup, NM 87301, phone 505-863-14009. Call CID before filing if the project includes unusual construction or separate trade work, because the required applications can vary by permit type18.

Does McKinley County have zoning?

Unincorporated McKinley County and its unincorporated communities have no general zoning ordinance2. That means there is no general county-zoning minimum dwelling size, but building, health, septic, subdivision, deed or specific-use rules may still constrain a project10. Gallup and other incorporated municipalities may apply separate local rules5. McKinley County regulates subdivision development, including road, driveway and parking provisions19. In covered subdivisions, a lot with a slope of 5% or less has a minimum size of 1/4 acre, while a lot with a slope of 6% to 10% has a minimum size of 1/2 acre; individual liquid-waste systems must also meet the regulation's additional standards12. For a parcel-specific letter or questions about setbacks, use restrictions or subdivision status, contact the McKinley County Legal Department9.

How do septic permits work in McKinley County?

The New Mexico Environment Department handles onsite liquid-waste permitting in McKinley County, and applications go to the local NMED field office6. The Gallup field office is at 1720 East Aztec Avenue, Gallup, NM 87301; call 505-722-4160 or email [email protected]20. An application must include ownership information, a site diagram, a floorplan and supporting documents, and the listed fee for a conventional system up to 1,000 gallons per day is $2257. A dwelling that needs an onsite system cannot be built, modified or moved onto the lot before NMED issues the septic permit21. Every homeowner-installed system requires an NMED final inspection before it is covered22. Only about 24% of county soils lack severe limitations for a conventional drain field, so settle the homesite and wastewater design early23.

Can you live in an RV or tiny home in McKinley County?

McKinley County's lack of general zoning does not by itself confirm that full-time RV occupancy is allowed on every unincorporated parcel2. We could not confirm a county-specific long-term RV occupancy rule, so ask the McKinley County Legal Department for a parcel-specific answer before moving an RV onto the land as a residence9. Unincorporated McKinley County has no minimum dwelling size imposed through general county zoning, although other building, septic, subdivision, deed or specific-use rules may apply10. New Mexico allows a code-compliant tiny house used as a dwelling on a permanent foundation11. A tiny house may contain no more than 400 square feet of floor area, excluding lofts, and must provide permanent living facilities11. A unit retaining its permanent axle is treated as a recreational vehicle until the axle is removed and the unit is placed on supports or a foundation11.

What are the steps to build a home in McKinley County?

  1. Ask the McKinley County Legal Department for a parcel-specific land-use letter and determine whether a proposed land division requires subdivision review924.
  1. Have the homesite evaluated and apply through NMED's Gallup field office for the required onsite liquid-waste permit before placing a dwelling on a lot that needs septic2120.
  1. Submit the required approval, plans, application and fee to CID; a qualifying owner-builder should request the homeowner-permit paperwork at this stage178.
  1. Obtain a New Mexico Department of Transportation access permit before creating or modifying direct access to a state highway25.
  1. Schedule the required inspections with at least 24 hours' notice and do not cover work or advance beyond an inspection point without approval26. Residential and commercial projects have foundation, under-floor or slab, framing, weather-barrier and final inspections as applicable2728.
  1. Do not occupy the completed building until CID has approved the final inspection or issued a certificate of occupancy, as applicable29.

What should you check before buying land in McKinley County?

Start with jurisdiction: incorporated municipalities may apply rules that differ from unincorporated McKinley County5. Confirm subdivision status and legal access, because county subdivision rules include roads, driveways and parking, and each lot in a county subdivision must receive a driveway1930. Verify the water source and well feasibility; McKinley County averages 11.2 inches of precipitation annually and has experienced severe drought in about 46% of years3132. Check the septic site before choosing a house pad because only about 24% of county soils avoid severe conventional-drain-field limitations23. Ask the county which Floodplain Administrator covers the parcel, because we could not confirm a McKinley County floodplain permit standard; state rules require local approval for development in mapped Special Flood Hazard Areas of participating communities33. The effective property-tax rate is about 1.9%, with a median annual bill of about $1,3623435.

Watch-outs

  • McKinley County's no-zoning answer applies to its unincorporated communities; an incorporated municipality may have separate land-use rules25.
  • A homeowner permit is limited to the owner's primary residence and requires the homeowner to perform the major portion of the work by dollar value8.
  • We could not confirm a countywide rule allowing long-term RV residence, so get a parcel-specific answer from the McKinley County Legal Department9.
  • A septic permit must be issued before a dwelling that needs onsite wastewater is built, modified or moved onto the lot21.

Sources

  1. NM Regulation & Licensing Dept - Construction Industries Division (2026 county census)
  2. McKinley County Comprehensive Plan, quoted and re-checked
  3. NM Environment Department - Onsite Wastewater Program (2026 county census)
  4. 14.5.2 NMAC Permits, quoted and re-checked
  5. McKinley County Comprehensive Plan, quoted and re-checked
  6. Apply for a Permit, quoted and re-checked
  7. Apply for a Permit, quoted and re-checked
  8. 14.5.2 NMAC Permits, quoted and re-checked
  9. McKinley County Legal Department (Land Use) (co.mckinley.nm.us)
  10. McKinley County Land Use FAQ, quoted and re-checked
  11. 14.7.3 NMAC — 2021 New Mexico Residential Building Code (New Mexico statewide rule), quoted and re-checked
  12. McKinley County Subdivision Regulations, quoted and re-checked
  13. Rules, Laws, and Building Codes, quoted and re-checked
  14. Building Permit Guide for Residential Construction (New Mexico statewide rule), quoted and re-checked
  15. Construction Industries Forms and Applications Fees, quoted and re-checked
  16. New Mexico Construction Industries Division (CID) - Albuquerque Office (rld.nm.gov)
  17. Construction Industry Frequently Asked Questions, quoted and re-checked
  18. Forms and Applications (New Mexico statewide rule), quoted and re-checked
  19. McKinley County Subdivision Regulations, quoted and re-checked
  20. New Mexico Environment Department - Gallup Field Office (Onsite Wastewater Bureau) (env.nm.gov)
  21. 20.7.3.401 NMAC — Permitting; General Requirements (New Mexico statewide rule), quoted and re-checked
  22. Homeowners Information, quoted and re-checked
  23. Share of soils without severe limits for a conventional septic drain field (USDA SSURGO): Bolthole Index county data
  24. Senate Bill 176 — New Mexico Subdivision Act (New Mexico statewide rule), quoted and re-checked
  25. 18.31.6 NMAC (New Mexico statewide rule), quoted and re-checked
  26. 14.5.3 NMAC — Inspections, quoted and re-checked
  27. Building Permit Guide for Residential Construction, quoted and re-checked
  28. Building Permit Guide for Commercial Construction, quoted and re-checked
  29. 14.5.3 NMAC — Certificates of Occupancy or Final Inspection, quoted and re-checked
  30. McKinley County Subdivision Regulations, quoted and re-checked
  31. Annual precipitation: Bolthole Index county data
  32. Share of years in severe drought: Bolthole Index county data
  33. Flooding (New Mexico statewide rule), quoted and re-checked
  34. Effective property tax rate: Bolthole Index county data
  35. 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

McKinley County in New Mexico

57
County map
McKinley County highlighted among the New Mexico counties · colored by Index score

How McKinley County scores

Seclusion80100% ev.
Self-Sufficiency2898% ev.
Admin Boringness5790% ev.
Durability59100% ev.
Property Autonomy38100% ev.
Carry Cost86100% ev.

Evidence strength: 98%. This reports direct-source completeness and fallback use; it is separate from the score and is not a confidence interval. How it works →

$223kTypical home
1.9%Property tax
$605Land / acre
11.2"Annual rain
46% of yrsSevere drought
2 / yr (+2)Mid-century 100°F days
35.3 daysMid-century dry spell
0.71" (+6.3%)Mid-century 1-day rain
1.22×Wildfire change factor
100%Forward climate coverage
$1,142Home insurance / yr
-0.3% / yrInsurance growth
2.42%Nonrenewal rate
county median (2+ published ZIPs)Insurance basis
1,369Radius comparison (15 mi)
12.6People / sq mi
13.3%Federal land
86.6%Land at 15% slope or less
23.7%Septic soil without severe limits
531,156 acWorkable land screen
16.4%Wooded land
10.1 tonsBiomass / forest ac
49.7°FAvg temp

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Answers from the rulebook for McKinley County

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

McKinley County rules

  • County-wide zoningAbsent

    County and unincorporated communities in McKinley County

    • The source addresses county and unincorporated communities; incorporated municipalities may have separate rules.
    “There is no general zoning ordinance for McKinley County.”
  • Local zoningVaries (with conditions)

    Aggregate local zoning across McKinley County, including unincorporated areas and incorporated municipalities

    • The county and its unincorporated communities do not exercise zoning authority; incorporated municipalities may administer separate local rules, which were not independently established in this search.
    “Whereas the City of Gallup enforces zoning laws suitable for that municipality's more urbanized character, the vast lands in the remainder of the County do not require detailed land use regulations.”
  • Minimum dwelling sizeNone (with conditions)

    County general-zoning minimum dwelling-size requirements in unincorporated McKinley County.

    • No general county zoning ordinance was identified.
    • The source does not address minimum sizes imposed by building, health, septic, subdivision, deed, or specific-use rules.
    • The county identifies Subdivision Regulations, the County Master Plan, and a cell-tower specific-use ordinance as separate controls.
    “There is no general zoning ordinance for McKinley County.”
  • Minimum lot sizeSpecified

    Lots in subdivisions governed by the McKinley County Subdivision Regulations, including lots proposing individual liquid waste systems, in unincorporated McKinley County.

    • For individual liquid waste systems, lot size must also meet Appendix D, Tables D-1 and D-2.
    • The regulations state a minimum of 1/4 acre for a lot with slope of 5% or less.
    • The regulations state a minimum of 1/2 acre for a lot with slope of 6% to 10%.
    • Additional Appendix D standards may apply, including slope, soil, liquid-waste, and setback requirements.

    minimum lot size at slope <=5%: 0.25 acre (Subdivision-regulation context; individual liquid waste systems must meet Appendix D.) · minimum lot size at slope 6%-10%: 0.5 acre (Subdivision-regulation context; individual liquid waste systems must meet Appendix D.)

    “The minimum size for any lot with a slope of 5% or less is 1/4 acre.”
  • Septic permitRequired

    Onsite wastewater treatment systems, including septic tanks and drainfields, for projects subject to Navajo Nation Environmental Protection Agency domestic-wastewater permitting.

    • The official NNEPA application is an application for approval to construct a domestic wastewater system and expressly includes onsite wastewater treatment systems such as septic tanks and drainfields.
    • The application requires project location information, including city or village, chapter, township, range, and section.
    • The applicant must submit applicable fees, construction plans, specifications, engineering information, and other required documents.
    • The owner certifies compliance with the Navajo Nation Clean Water Act and Navajo Nation Domestic Wastewater Disposal Regulations and grants NNEPA permission to enter the site for sampling and inspection.
    • The cited NNEPA materials establish a Navajo Nation permitting process but do not state whether NNEPA or NMED has exclusive jurisdiction over every parcel of Navajo Nation or other tribal trust land located in McKinley County.
    “Prior to the construction or installation of a new wastewater treatment system, or a substantial modification to an existing wastewater treatment system, an application for a construction permit shall be made to, and a construction permit obtained from, the Director.”
  • Subdividing landRegulated (with conditions)

    Subdivision development in McKinley County

    • The regulations include parking, driveway, road design, and street-maintenance requirements.

    parking spaces: 2 per lot

    “The subdivider must provide for off street parking which conforms to the following: (a) Two parking spaces per lot”
  • Driveway accessRequired

    Each lot in a McKinley County subdivision

    • The driveway may be paved, graveled, or covered with similar material.
    “A subdivider shall provide a driveway, either paved, graveled, or covered with similar material, on each lot.”

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.”
    One more reviewed finding on this topic
    • Required — Construction work in McKinley County for which a permit is required by New Mexico statute or rule
      “A permit is required for all construction related work for which a permit is required by statute or rule.”
  • Owner-builder exemptionConditional

    Property owner seeking a homeowner permit for a primary residence

    • The permit is only for the property owner's primary residence; the major portion of work by dollar amount must be completed by the homeowner; proof of ownership, zoning approval, floodplain determination, fees, and other listed items are required; no more than one homeowner permit for a single-family dwelling may be issued to the same owner within 12 months.

    maximum homeowner permits per single-family dwelling owner: 1 per 12 months

    “Each permit authorizes work at the primary residence only and does not apply to rental property, other owned property or to any commercial work or property. [...] No more than one homeowner’s permit for a single-family dwelling shall be issued to the same property owner within any 12-month period.”
  • 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.”
    2 more reviewed findings on this topic
    • Adopted (with conditions) — New Mexico building-code requirements applicable to construction in McKinley County
      “2021 New Mexico Commercial Building Code NMAC 14.7.2 2021 New Mexico Residential Building Code NMAC 14.7.3”
    • 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

    Commercial construction regulated by the New Mexico Commercial Building Code in McKinley County, including new commercial construction, additions, and remodels for which a state building permit is required.

    • The commercial guide lists required foundation, concrete slab or under-floor, frame, weather-resistive barrier, final, and other inspections.
    • Foundation inspection occurs after footing excavations and required reinforcing steel are complete; concrete foundation forms must be in place, subject to the ready-mixed-concrete exception stated in the guide; additional inspections may be required for approved treated-wood foundations.
    • Concrete slab or under-floor inspection occurs after in-slab or under-floor service equipment is installed but before concrete or floor sheathing is placed.
    • Frame inspection occurs after the roof, framing, fire blocking, bracing, pipes, chimneys, and vents are complete and rough electrical, plumbing, and heating work is approved.
    • Weather-resistive barrier inspection occurs after installation and before covering.
    • Final inspection occurs after finish grading and completion, before occupancy; final electrical, plumbing, and mechanical inspections must precede final general-construction inspection.
    • The Construction Inspector may require additional inspections to determine compliance with the New Mexico Building Code and other enforced laws; the prime contractor coordinates plumbing, mechanical, and electrical inspections.
    • No building or structure may be used or occupied, and no change in occupancy classification may be made, until the building official issues a certification of occupancy.
    • Local authorities may enact requirements stricter than state minimum codes under 14.5.1.9 NMAC.
    “This rule applies to all contracting work performed in New Mexico after March 10, 2022, that is subject to the jurisdiction of CID, unless performed pursuant to a permit for which an application was received by CID before that date. [...] All work for which a permit is issued must be inspected.”
    3 more reviewed findings on this topic
    • Required — Residential construction regulated by the New Mexico Residential Code in McKinley County, including new construction, alterations, repairs, relocations, and demolitions for which a building permit is required.
      “This rule applies to all contracting work performed in New Mexico after March 10, 2022, that is subject to the jurisdiction of CID, unless performed pursuant to a permit for which an application was received by CID before that date. [...] All work for which a permit is issued must be inspected.”
    • Required — Permitted construction work subject to New Mexico construction codes, including work subject to the NMCBC, NMRBC, NMEC, NMMC, or applicable plumbing codes; this state rule applies to construction in unincorporated McKinley County.
      “All work for which a permit is issued must be inspected.”
    • Required — State-administered residential and commercial construction requiring building permits.
      “REQUIRED INSPECTIONS To request an inspection e-mail us at [email protected] or call 505-222-9813 or 877-243-0979”
  • Certificate of occupancyLimited

    Buildings or portions of buildings on which construction has been undertaken under the New Mexico construction rules, including construction in unincorporated McKinley County.

    • Occupancy requires either a certificate of occupancy or an approved final inspection, as applicable.
    • A certificate of occupancy may be temporary for 30 days or longer if approved by the TBC or CBO, the AHJ determines it appropriate, and life, safety, or health will not be adversely affected.
    • A temporary certificate may be extended up to a maximum of 12 months upon written request and good cause.
    • A certificate of occupancy is not approval of violations or certification of compliance with other regulatory agencies.
    “No building, or portion thereof, on which construction has been undertaken shall be occupied until [...] a C/O or an approved final inspection, as applicable.”
  • 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 liquid-waste permitting and inspection in McKinley County
      “Submit to Local NMED Field Office for review”
  • Septic inspectionLimited

    Homeowner-installed onsite liquid-waste systems

    • The source specifically states that all homeowner installations require an NMED final inspection; other systems may have inspection conditions in the permit.
    “Before covering the system – Final inspection (required)”
  • 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;”
  • 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.”
    One more reviewed finding on this topic
    • Variable (with conditions) — New Mexico CID building permits applicable in McKinley County
      “Permitting Fees are based upon type of construction, square footage, type of materials and construction costs.”
  • Permit processPublished (with conditions)

    Residential building permit applications handled by New Mexico CID

    • The applicant must submit zoning approval, two complete sets of plans, the Multi-Purpose State Building Application, and the building permit fee; CID states issuance within five working days after a complete package.

    stated issuance time: 5 working days (after receipt of complete permit package)

    “Upon receipt of the complete permit package CID will enter, review, and approve the permit request and issue a building permit within five (5) working days.”
    One more reviewed finding on this topic
    • Published (with conditions) — Construction Industries Division permit applications in New Mexico.
      “Permits can also be completed using our online permitting portal.”
  • 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.

  • Setbacks — Building or structure setbacks in unincorporated McKinley County.
  • Lot coverage — Lot-coverage limits in unincorporated McKinley County.
  • Building height — Building-height limits in unincorporated McKinley County.
  • Short-term rentals — 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 McKinley 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 ↗
  • Bluewater 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. Bluewater-Toltec/Rio San Jose area (Grants/Milan), historically overdrafted by irrigation and uranium-era mining/dewatering; San Andres-Glorieta aquifer in long-term drawdown.

    NM OSE Article 7 (Declared Underground Water Basins) ↗
  • Gallup Basin — Nutria/Pescado Critical Protection Area (Order 197)localized of county

    State Engineer Order 197 (2023) interim-closes part of the Gallup Basin to new appropriations and caps a household domestic well at 0.50 acre-ft/yr with mandatory metering and bi-annual readings.

    NM OSE State Engineer Order 197 ↗
  • San Juan 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. San Juan (Colorado River) system in NW NM, governed by the Upper Colorado compacts and the Navajo Nation water-rights settlement.

    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 McKinley County, New Mexico

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

McKinley County scores 57/100 on the Bolthole Index, a solid county profile. Its strengths: manageable long-term carry cost and sparse surroundings — about 1,369 people within 15 miles. Watch-outs: weak self-sufficiency basics: only 11.2″ of rain a year, in severe drought 46% of years and a weaker property-autonomy legal backdrop.

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

McKinley County generally requires a residential building permit, and it has no county-wide zoning. Onsite septic is permitted by New Mexico Environment Department, Onsite Wastewater (Liquid Waste) Bureau. 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 McKinley County, New Mexico?

Land in McKinley County runs about $605 per acre, based on the latest county data.

What is the water situation in McKinley County?

McKinley County gets about 11.2" of rain a year, with severe drought in roughly 46% of years. On water rights, McKinley County lies in the Bluewater Underground Water Basin — 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. Bluewater-Toltec/Rio San Jose area (Grants/Milan), historically overdrafted by irrigation and uranium-era mining/dewatering; San Andres-Glorieta aquifer in long-term drawdown..

How remote is McKinley County?

A typical private-land location has about 1,369 people within 15 miles and 1,446,685 within 100 miles. These radius catchments are the published fallback where road routing is unavailable.

Off-grid gear

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

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How McKinley compares in New Mexico

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