Bolthole Index

Quay County, New Mexico

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

36Index Score / 100
#21 of 33 in New Mexico

Unincorporated Quay County, New Mexico requires state permits and inspections for covered home construction under codes administered by the New Mexico Construction Industries Division (CID)1,2. Quay County has no prescriptive county zoning, but subdivision, floodplain and septic requirements still apply3,4. Septic permits go through the New Mexico Environment Department's local field office5.

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

Yes.

Yes. Building, structural, electrical, plumbing, mechanical and LP-gas work covered by New Mexico rules requires the applicable permit before work begins in Quay County, with separate permits required by trade7. CID administers the state building codes that apply in Quay County2. Permitted construction also requires inspections appropriate to the work and code; the complete schedule depends on the project1,9. After all required inspections are approved in order, covered buildings or portions of buildings require a certificate of occupancy; work that did not require a permit does not10.

Who is the Quay County building department, and how do you reach it?

The New Mexico Construction Industries Division administers the state building-permit process applicable in Quay County.

The New Mexico Construction Industries Division administers the state building-permit process applicable in Quay County7. CID's published residential guide lists its Albuquerque office at 5500 San Antonio NE, Albuquerque, NM 87109, phone (505)222-980011. Because the guide lists multiple CID offices without assigning Quay County to one, ask CID where to send the application. CID publishes forms and an online permitting portal, and applicants must submit the approved application and compliant plans and pay applicable fees before permit issuance7,12. General-building fees are published but vary with construction type, size, materials and cost; CID directs applicants to contact an office for the applicable amount9,13.

Does Quay County have zoning?

Unincorporated Quay County has no prescriptive county zoning, and it does not publish county zoning districts or schedules for that area.

Unincorporated Quay County has no prescriptive county zoning, and it does not publish county zoning districts or schedules for that area3. County zoning therefore sets no minimum dwelling size, minimum lot size, setback, lot-coverage limit or building-height limit there3. Those answers concern county zoning only: building-code, septic, subdivision and floodplain requirements remain separate. Quay County regulates applicable subdivisions through technical state and local reviews, public hearings and infrastructure requirements for roads, water, liquid-waste disposal and solid-waste disposal3. Municipal rules may apply inside incorporated places, so confirm the parcel's jurisdiction before relying on the unincorporated-county answer3.

How do septic permits work in Quay County?

Onsite wastewater work subject to New Mexico liquid-waste rules requires a permit from the New Mexico Environment Department, with applications submitted to the local NMED field office.

Onsite wastewater work subject to New Mexico liquid-waste rules requires a permit from the New Mexico Environment Department, with applications submitted to the local NMED field office5. Supporting material may include proof of ownership, a site diagram, floor plan and plat or survey documentation5. The Tucumcari District Office is at 113 W Center, Tucumcari, NM 88401, phone 575-461-1671, with office hours by appointment14. Request inspection at least 48 hours, or 2 business days, ahead and do not cover the system before inspection; approval leads to a Permit to Operate5. Homeowner installations require an NMED final inspection and may require inspections at additional stages15. About 52.7% of county soils lack severe limitations for a conventional drain field, so obtain a parcel-specific evaluation8.

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

Unincorporated Quay County has no county zoning restriction on RV occupancy or temporary camping.

Unincorporated Quay County has no county zoning restriction on RV occupancy or temporary camping3. County zoning likewise does not restrict tiny homes, manufactured homes or accessory dwellings there3. These land-use answers do not waive building, sanitation, floodplain, subdivision, utility or private restrictions. A New Mexico tiny house on a permanent foundation must meet the residential code, while one retaining its chassis and permanent axle is treated as an RV6. Manufactured homes require a state installation permit before setup and a final inspection for occupancy16. Quay County zoning sets no minimum dwelling size in unincorporated areas, but state construction and health rules still apply3.

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

Confirm that the parcel is in unincorporated Quay County and identify subdivision or floodplain review; applicable subdivisions are regulated, and development in a special flood hazard area requires a floodplain-development permit.

  1. Confirm that the parcel is in unincorporated Quay County and identify subdivision or floodplain review; applicable subdivisions are regulated, and development in a special flood hazard area requires a floodplain-development permit3,4.
  1. Apply through the local NMED field office for the onsite wastewater permit5.
  1. Use CID's published application process and obtain the project-specific fee before permit issuance7,13.
  1. If building as the owner, confirm eligibility: the homeowner permit is limited to the owner's primary residence, requires the owner to complete the major portion of the work, and does not waive permits or inspections7.
  1. Obtain every applicable building and trade permit before covered work begins, then request the inspections required for the project1,7.
  1. Obtain approval before connecting utilities or energy sources, then complete required inspections and obtain the certificate of occupancy7,10.

What should you check before buying land in Quay County?

Start with water, sanitation, legal access and flood exposure.

Start with water, sanitation, legal access and flood exposure. Quay County averages about 16.1 inches of precipitation annually and spends about 42.2% of years in severe drought, so verify the parcel's water source and realistic yield before closing8. About 52.7% of county soils lack severe limitations for a conventional drain field, but only a parcel-level evaluation answers the septic question8. We could not confirm a general county-road driveway permit rule, so ask Quay County before cutting or changing county-road access. We also could not confirm whether a particular parcel must connect to public water or sewer; state rules require authority approval for utility or energy connections to regulated buildings7. Development in a special flood hazard area requires a Quay County floodplain-development permit4.

Watch-outs

  • Quay County's lack of prescriptive zoning does not waive state building permits, septic permits, floodplain permits or county subdivision requirements3,4.
  • Unincorporated Quay County has no county zoning restriction on RV occupancy, but sanitation and parcel-specific floodplain or subdivision requirements still apply3,4,5.

Sources

16 official pages, each quoted and re-checked · written October 4, 2026

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Compared with neighboring counties

Like all 6 of its neighbors, Quay County requires a building permit for a home.

RuleQuay CountyCurry CountyHarding CountyGuadalupe CountyDe Baca CountyRoosevelt CountySan Miguel County
Building permitRequiredRequiredRequiredRequiredRequiredRequiredRequired
County zoningNoNoNot publishedNot publishedNot publishedNot publishedYes
Septic permitsNM Env. Dept.NM Env. Dept.NM Env. Dept.NM Env. Dept.NMEDNMEDNM Env. Dept.

County locator

Quay County in New Mexico

36
County map
Quay County highlighted among the New Mexico counties · colored by Index score

How Quay County scores

36 / 100 · #21 of 33 in New Mexico · six factors, land price, tax, rain and climate

Seclusion89100% ev.
Self-Sufficiency1298% ev.
Admin Boringness5790% ev.
Durability36100% ev.
Property Autonomy38100% ev.
Carry Cost8696% 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 →

$105kTypical home
0.6%Property tax
$783Land / acre
16.1"Annual rain
42.2% of yrsSevere drought
27.1 / yr (+21.5)Mid-century 100°F days
33.7 daysMid-century dry spell
1.17" (+1%)Mid-century 1-day rain
1.22×Wildfire change factor
100%Forward climate coverage
$2,188Home insurance / yr
0.8% / yrInsurance growth
0.66%Nonrenewal rate
single ZIP shrunk to state medianInsurance basis
22,994People within 2 hr
408Radius comparison (15 mi)
3People / sq mi
0.1%Federal land
90.5%Land at 15% slope or less
52.7%Soils rated "not limited" for septic (strict USDA rating)
963,164 acWorkable land screen
1.2%Wooded land
2.5 tonsBiomass / forest ac
57.8°FAvg temp

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Cities and towns in Quay County

Inside a city or town, that city usually issues building permits and sets zoning; the county’s rules above cover unincorporated land. Septic, wells and floodplain rules usually stay with the county or state everywhere.

Not yet covered: Village of House · Village of Logan · Village of San Jon

Answers from the rulebook for Quay County

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

Quay County rules

  • County-wide zoningAbsent (with conditions)

    Prescriptive county zoning regulations in Quay County.

    • The county comprehensive plan states that Quay does not have prescriptive zoning regulations restricting uses or architectural design standards.
    • Subdivision, floodplain, building, septic, and other applicable state or local rules may still apply.
    “Quay does not have prescriptive zoning regulations that restrict the types of uses or architectural design standards.”
    2 more reviewed findings on this topic
    • Absent — Prescriptive county zoning in unincorporated Quay County.
      “Quay does not have prescriptive zoning regulations that restrict the types of uses or architectural design standards.”
    • Absent — Prescriptive county zoning regulations restricting uses or architectural design standards in unincorporated Quay County.
      “Quay does not have prescriptive zoning regulations that restrict the types of uses or architectural design standards.”
  • Zoning districtsNot published

    County zoning-district maps or schedules for unincorporated Quay County.

    • The county plan states that Quay lacks prescriptive zoning regulations.
    • Municipal zoning districts, if any, were not researched or attributed to the county.
    “Quay does not have prescriptive zoning regulations that restrict the types of uses or architectural design standards.”
    One more reviewed finding on this topic
    • Not published — County zoning-district publication for unincorporated Quay County.
      “Quay does not have prescriptive zoning regulations that restrict the types of uses or architectural design standards.”
  • Minimum dwelling sizeNone

    County zoning minimum-dwelling-size controls in unincorporated Quay County.

    • The county has subdivision regulation and other non-zoning requirements.
    • Municipal rules may apply inside incorporated municipalities.
    “Quay does not have prescriptive zoning regulations that restrict the types of uses or architectural design standards.”
    One more reviewed finding on this topic
    • None — County zoning dimensional requirements for dwelling size in unincorporated Quay County.
      “Quay County’s only land use regulation is the subdivision ordinance”
  • Minimum lot sizeNone

    County zoning minimum-lot-size controls in unincorporated Quay County.

    • Subdivision regulations may impose requirements on applicable subdivisions.
    • Municipal rules may apply inside incorporated municipalities.
    “Quay County’s only land use regulation is the subdivision ordinance”
    One more reviewed finding on this topic
    • None — County zoning dimensional requirements for lot size in unincorporated Quay County.
      “Quay County’s only land use regulation is the subdivision ordinance”
  • SetbacksNone

    County zoning setback controls in unincorporated Quay County.

    • Septic systems and subdivisions may have separate setback or infrastructure requirements.
    • Municipal rules may apply inside incorporated municipalities.
    “Quay County’s only land use regulation is the subdivision ordinance”
    One more reviewed finding on this topic
    • None — County zoning setbacks in unincorporated Quay County.
      “Quay does not have prescriptive zoning regulations that restrict the types of uses or architectural design standards.”
  • Lot coverageNone

    County zoning lot-coverage controls in unincorporated Quay County.

    • Other state or local infrastructure requirements may apply.
    • Municipal rules may apply inside incorporated municipalities.
    “Quay County’s only land use regulation is the subdivision ordinance”
    One more reviewed finding on this topic
    • None — County zoning lot-coverage limits in unincorporated Quay County.
      “Quay County’s only land use regulation is the subdivision ordinance”
  • Building heightNone

    County zoning building-height controls in unincorporated Quay County.

    • Building-code height and safety requirements may still apply.
    • Municipal rules may apply inside incorporated municipalities.
    “Quay does not have prescriptive zoning regulations that restrict the types of uses or architectural design standards.”
    One more reviewed finding on this topic
    • None — County zoning building-height limits in unincorporated Quay County.
      “Quay does not have prescriptive zoning regulations that restrict the types of uses or architectural design standards.”
  • Living in an RVUnrestricted

    County zoning restrictions on RV occupancy in unincorporated Quay County.

    • This means no county prescriptive zoning restriction was identified, not that RV occupancy is exempt from state health, building, septic, floodplain, subdivision, or private restrictions.
    • Municipal rules may apply inside incorporated municipalities.
    “Quay County’s only land use regulation is the subdivision ordinance”
  • Camping on your landUnrestricted

    County zoning restrictions on temporary camping in unincorporated Quay County.

    • State health, septic, floodplain, subdivision, and other applicable rules remain in force.
    • Municipal rules may apply inside incorporated municipalities.
    “Quay County’s only land use regulation is the subdivision ordinance”
  • Tiny homesUnrestricted

    County zoning restrictions on tiny-home occupancy in unincorporated Quay County.

    • State building, manufactured-housing, septic, and other applicable requirements remain in force.
    • Municipal rules may apply inside incorporated municipalities.
    “Quay does not have prescriptive zoning regulations that restrict the types of uses or architectural design standards.”
  • Manufactured homesUnrestricted

    County zoning restrictions on manufactured-home occupancy in unincorporated Quay County.

    • State Manufactured Housing Division, building, septic, and utility requirements may still apply.
    • Municipal rules may apply inside incorporated municipalities.
    “Quay does not have prescriptive zoning regulations that restrict the types of uses or architectural design standards.”
  • Accessory dwellingsUnrestricted

    County zoning restrictions on accessory dwellings in unincorporated Quay County.

    • Building, septic, floodplain, utility, and subdivision requirements may still apply.
    • Municipal rules may apply inside incorporated municipalities.
    “Quay does not have prescriptive zoning regulations that restrict the types of uses or architectural design standards.”
  • Subdividing landRegulated (with conditions)

    Applicable subdivisions in Quay County.

    • Applicable subdivisions undergo technical state and local reviews and public hearings.
    • More intensive subdivisions have preliminary and final review processes.
    • Required infrastructure improvements include roads, water supply, liquid waste disposal, and solid waste disposal.
    “Quay County regulates land through a subdivision ordinance (Ordinance 35, 2004).”
    One more reviewed finding on this topic
    • Regulated (with conditions) — Subdivision activity regulated by Quay County Ordinance 35.
      “Ordinance 35: Subdivision Regulations | Ordinance 36: Adopting a Gross Receipts Tax”
  • Building in a floodplainRequired

    Development, structures, land location, alterations, or changes of use in all areas of special flood hazard within Quay County jurisdiction.

    • A Floodplain Development Permit is required for conformance with the ordinance.
    • The applicable special flood hazard areas are those identified in the FEMA Flood Insurance Study for Quay County, NM, dated May 5, 2003, with the most effective FIRM and/or FBFM dated May 5, 2003.
    • No structure or land may be located, altered, or have its use changed without full compliance with the ordinance and other applicable regulations.
    • Where the ordinance conflicts or overlaps with another ordinance, easement, covenant, or deed restriction, the more stringent restriction prevails.
    “A Floodplain Development Permit shall be required to ensure conformance with the provisions of this ordinance.”
    One more reviewed finding on this topic
    • Required — Development, structures, land location or alteration, and changes of use in all areas of special flood hazard within Quay County jurisdiction.
      “A Floodplain Development Permit shall be required to ensure conformance with the provisions of this ordinance.”

New Mexico rules that apply here

  • Building permitRequired

    Building and structure work in Quay County that is subject to the jurisdiction of the New Mexico Construction Industries Division, including work in unincorporated areas where CID is the applicable authority having jurisdiction.

    • The applicable permit must be obtained from the appropriate authority having jurisdiction before covered work begins.
    • The rule is subject to the Construction Industries Licensing Act, Sections 60-13-3 and 60-13-45 NMSA 1978, and its rules.
    • The requirement applies unless otherwise provided by statute or rule.
    • A homeowner’s permit may be issued to a residential property owner subject to the limitations of 14.5.2.18 NMAC; an annual permit is provided as noted in 14.5.2.19 NMAC.
    • The applicant must complete and submit an application on an authority-having-jurisdiction-approved form.
    • Separate permits are required for general building, electrical, mechanical/plumbing, and liquefied petroleum gas work.
    • All re-roofs and applications of roof coatings require building permits and inspections.
    • The rule states an effective date of March 10, 2022. It also states that permits could be issued under either the prior rule or this rule until 12/14/2023 and, as printed on the official page, that after 12/14/2303 permits may be issued only under this rule.
    “no building or structure shall be erected, constructed, enlarged, altered, repaired, moved, improved, removed, converted or demolished [...] unless the applicable permit has first been obtained”
    4 more reviewed findings on this topic
    • Required — Building, structural, electrical, plumbing, mechanical, and LP-gas work subject to New Mexico CID rules in Quay County.
      “Subject to the Construction Industries Licensing Act “CILA”, Sections 60-13-3 and Section 60-13-45 NMSA 1978, and its rules, no building or structure shall be erected, constructed, enlarged, altered, repaired, moved, improved, removed, converted or demolished, no electrical wiring, plumbing or mechanical work or LP gas work as defined and described in the applicable New Mexico construction codes for those trades, may be installed, repaired, altered or maintained in or on such building or structure, unless the applicable permit has first been obtained from the appropriate AHJ, unless otherwise provided by statutes or rule.”
    • Required — Residential buildings and structures regulated by the New Mexico Residential Code in Quay County.
      “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.”
    • Required — Construction work on homes and other structures in Quay County subject to New Mexico CID or MHD jurisdiction.
      “All construction work being performed on homes and other structures must permitted and performed by professionals licensed with the Construction Industries Division or Manufactured Housing Division.”
    • Required — 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.
      “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.”
  • Owner-builder exemptionConditional

    A New Mexico property owner constructing or altering the owner’s single-family primary residence, including permitted appurtenant structures, under a homeowner’s permit.

    • The exemption is limited to construction or alteration of the owner’s primary residence; other use cancels the current permit and can result in denial of later homeowner permits.
    • The homeowner must comply with CILA, NMAC rules, applicable standards and codes, and may act as the general contractor only when the major portion of the work, based on dollar amount, is completed by the homeowner.
    • A permit is required for all construction-related work for which a permit is required by statute or rule; the rule does not exempt the owner-builder from state permitting or inspections.
    • Homeowner permits are limited to single-family dwellings and appurtenant structures such as private garages, carports and sheds, require proof of ownership, and are subject to AHJ approval.
    • The application requires an AHJ-approved application, signed and notarized responsibility sheet, acknowledgement of the homeowner-permit instructions, local zoning approval, floodplain determination, proof of identity and ownership, and payment of required fees.
    • Separate homeowner permits may be issued for general building construction, mechanical/plumbing and electrical work; each is limited to the primary residence and does not apply to rental property, other owned property, or commercial work or property.
    • The homeowner is responsible for requesting inspections, correcting code violations, and requesting re-inspections for a certificate of occupancy or final inspection. Subcontractors remain responsible for permits, inspections and corrections for plumbing, mechanical and electrical work they perform.
    • The homeowner may perform authorized work personally or with W-2 employees, or subcontract part of the work while self-performing a significant portion. Subcontracted work must be performed by licensed contractors who obtain their own permits and pass required inspections.
    • A homeowner permit is invalid for a project managed, supervised or acted on as general contractor by a GB-2 or GB-98 contractor; that contractor must obtain the appropriate permits and assumes responsibility for the site work.
    • Single-scope projects such as roofing or window installation are ineligible when subcontracted and not performed by the homeowner or valid W-2 employees.
    • Plumbing requires sufficient knowledge as determined by the TBC or CBO; a written examination with a minimum passing score of 75% may be required, failed examinations may not be repeated sooner than 30 days, and permitted plumbing work must be performed by the permittee.
    • Electrical work requires approved plans or drawings and a CID homeowner electrical exam with a minimum passing score of 75%; failed examinations may not be repeated sooner than 30 days, and permitted electrical work must be performed by the permittee.
    • A homeowner permit may not be issued for HVAC, natural gas or LP gas installations. HVAC and natural-gas work requires a properly licensed contractor and AHJ permitting and inspection; LP-gas work requires a properly licensed contractor and permitting and inspection through the LP gas trade bureau.
    • A homeowner-permit project may not be placed on the market for sale while under construction; doing so automatically voids the permit and may lead to unlicensed-contracting charges.
    • No more than one homeowner permit for a single-family dwelling may be issued to the same property owner within any 12-month period.
    • The cited rule section states an adoption/replacement date of March 10, 2022.

    homeowner electrical exam minimum passing score: >= 75 percent (Required after plan approval for issuance of a homeowner electrical permit.) · homeowner plumbing exam minimum passing score: >= 75 percent (The TBC or CBO may require the written examination.) · failed homeowner exam retest interval: >= 30 days (Failed plumbing and electrical examinations may not be repeated sooner.) · homeowner permits per single-family dwelling and property owner: <= 1 per 12 months

    “A homeowner permit allows homeowners to obtain permits for constructing or altering their primary residence without becoming a licensed contractor is strictly limited to construction and alteration of their primary residence. Any other use of a homeowner’s permit shall result in cancellation of the current homeowner permit and denial of any subsequent request for a homeowner permit. The homeowner licensing exemption requires conformity with CILA, its rules, standards and codes. This includes a homeowner acting as a general contractor for the project. The homeowner’s permit authorizes the homeowner to physically perform the work, alone or with legal employees, or act as a general contractor and subcontract portions of the work to licensed contractors. In order to qualify for the homeowner permit the major portion of the work to be performed, based on dollar amount, must be completed by the homeowner. A homeowner’s permit may only be issued to a property owner and only for the property owner’s primary residence occupied or intended to be occupied by the homeowner.”
    2 more reviewed findings on this topic
    • Available (with conditions) — A homeowner requesting a homeowner construction permit for a residence in Quay County.
      “The homeowner must also sign and notarize the HOMEOWNER’S RESPONSIBILITIES FORM, FOR BUILDING A HOME OR FOR ALTERATIONS, and REPAIRS OR IMPROVEMENTS TO A HOME WITH A HOMEOWNER'S PERMIT form.”
    • Conditional — Residential property owners seeking a homeowner permit for a primary residence in Quay County.
      “A homeowner permit allows homeowners to obtain permits for constructing or altering their primary residence without becoming a licensed contractor is strictly limited to construction and alteration of their primary residence.”
  • 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.”
    4 more reviewed findings on this topic
    • Adopted (with conditions) — State building codes administered by the New Mexico Construction Industries Division in Quay County.
      “The General Building Bureau adopts and enforces building codes that provide structural strength, means of egress from facilities, stability of structures, sanitation, light and ventilation, energy conservation, affordability and safety of life and property from fire and other hazards attributed to the built environment.”
    • Adopted — Construction subject to New Mexico CID enforcement, including applicable residential construction in Quay County.
      “The Construction Industries Division currently enforces the following codes: • 2021 New Mexico Commercial & Residential Building Code • 2021 International Building Code • 2021 International Residential Code”
    • 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.”
    • Adopted — Residential construction in New Mexico subject to the jurisdiction of the Construction Industries Division, including detached one- and two-family dwellings, qualifying townhouses, and their accessory structures.
      “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 CID.lnspection@state.nm.us or call 505-222-9813 or 877-243-0979”
    3 more reviewed findings on this topic
    • Limited — Electrical work and other construction subject to CID inspections in Quay County.
      “No. However, an electrical permit and inspection are required.”
    • Required — Residential construction subject to New Mexico CID inspection in Quay County.
      “REQUIRED INSPECTIONS To request an inspection e-mail us at CID.lnspection@state.nm.us or call 505-222-9813 or 877-243-0979”
    • Required — Permitted construction work in Quay County regulated by CID or MHD.
      “They cannot provide the required building permits, which means the work won’t be properly inspected, may have safety issues, and might affect resale value”
  • Certificate of occupancyLimited

    Contracting work performed in New Mexico that is subject to Construction Industries Division jurisdiction; for occupancy of a building or portion of a building on which construction has been undertaken.

    • The rule applies to CID-jurisdiction contracting work performed after March 10, 2022, unless performed under a permit whose CID application was received before that date.
    • Occupancy requires either a certificate of occupancy or an approved final inspection, as applicable.
    • A C/O cannot be issued until all required inspections have been performed and the appropriate inspectors have approved the work.
    • For a residence constructed under a homeowner's permit, a C/O for new construction or an approved final inspection for a remodel must expressly state that the residence was constructed or remodeled pursuant to a homeowner permit.
    • A temporary C/O may be issued for 30 days or more only with TBC or CBO approval, when the AHJ's analysis finds it appropriate and life, safety, or health will not be adversely affected; a written request, good cause, and an existing valid temporary C/O are required for an extension, which may not exceed 12 months.
    • A C/O or approved final inspection is invalid until code violations discovered afterward are corrected and the C/O is re-issued or final inspection approved; it does not certify compliance with requirements of other regulatory agencies.
    • The general construction TBC or issuing AHJ CBO may suspend or revoke a C/O or reverse an approved final inspection if it was issued in error or based on incorrect information, or if the work violates applicable New Mexico construction code, CILA, or its rules.
    • Reinstatement requires appropriate CBO approval and payment of any fee assessed under 14.5.5 NMAC or local ordinance.

    temporary C/O initial period: >= 30 days (Only if approved by the TBC or CBO and the AHJ finds it appropriate without adverse life, safety, or health effects.) · temporary C/O extension maximum: <= 12 months (Requires written extension request and good cause for a current, valid temporary C/O.)

    “No building, or portion thereof, on which construction has been undertaken shall be occupied until the appropriate inspector has issued a C/O or an approved final inspection, as applicable.”
    3 more reviewed findings on this topic
    • Required — Buildings and changes in occupancy classification subject to the New Mexico building code in Quay County.
      “No building or structure shall be used or occupied, and no change in the existing occupancy classification of a building or structure or portion thereof shall be made until the building official has issued a certification of occupancy as provided.”
    • Required — Buildings or portions of buildings on which construction has been undertaken in Quay County.
      “No building, or portion thereof, on which construction has been undertaken shall be occupied until the appropriate inspector has issued a certificate of occupancy, except that no certificate of occupancy shall be required for work not required to be permitted pursuant to any part of the CID rules or CILA.”
    • Required — Buildings constructed under work subject to the jurisdiction of the Construction Industries Division (CID); occupancy requires a certificate of occupancy (C/O) or approved final inspection.
      “no building, or portion thereof, on which construction has been undertaken shall be occupied until the appropriate inspector has issued a c/o or an approved final inspection, as applicable.”
  • 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.”
    2 more reviewed findings on this topic
    • State — Onsite wastewater and liquid-waste permitting affecting property in Quay County.
      “Submit to Local NMED Field Office for review”
    • State — Onsite liquid-waste permitting and inspection in Quay County.
      “Submit to Local NMED Field Office for review”
  • 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.”
    3 more reviewed findings on this topic
    • Required — Onsite wastewater systems in Quay County subject to New Mexico liquid-waste rules.
      “Application – Print and fill out an Application for Liquid Waste Permit , Section 20.7.3.401 NMAC”
    • Required — New, modified, or registered onsite liquid-waste systems in Quay County.
      “Application – Print and fill out an Application for Liquid Waste Permit , Section 20.7.3.401 NMAC”
    • Required — Installation or modification of on-site liquid waste (septic) systems receiving 5,000 gallons or less per day, statewide
      “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.”
  • Septic inspectionLimited

    Property transfers involving property with an established on-site liquid waste system, subject to the applicable local exception for unincorporated Bernalillo County.

    • Before transfer, the transferor must have the established on-site liquid waste system evaluated.
    • The evaluation must be performed by an evaluator qualified under 20.7.3.904(B) using a department-approved form.
    • Unpermitted systems must be registered under 20.7.3.401(J) or permitted under 20.7.3.401(K).
    • Evaluators must submit copies of evaluation reports, whether completed or not, to the department within 15 days.
    • A permit or variance application must be submitted within 15 days of the evaluation to correct deficiencies or permit violations identified by the evaluation.
    • Advanced treatment systems and holding tanks have additional ownership-transfer, maintenance-contract, sampling, and permit-amendment requirements.
    • An inspection or evaluation performed within the prior 180 days may support an extension request if the permitted system has not been used since that inspection or evaluation.

    evaluation-report submission deadline: 15 days (Evaluators must submit copies of all reports, whether completed or not) · permit or variance application deadline after evaluation: 15 days (Applies when correcting deficiencies or permit violations identified by the evaluation) · possible evaluation extension lookback: 180 days (The system must not have been in use since the inspection or evaluation)

    “Prior to the transfer of a property with an established on-site liquid waste system, the transferor of the property shall have the system evaluated. Liquid waste systems shall be evaluated by an evaluator qualified in accordance with Subsection B of 20.7.3.904 NMAC utilizing a department approved form.”
    3 more reviewed findings on this topic
  • 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.”
  • Well permitRequired

    Drilling a water well in New Mexico, including domestic, livestock, and other uses addressed by the Office of the State Engineer.

    • A permit to drill must be obtained from the Office of the State Engineer before drilling.
    • If the groundwater source is unclear, an exploratory permit may first be obtained; if that well produces water, a permit to use the water may then be obtained.
    • Domestic wells are allowed by state law unless prohibited by a local ordinance. Domestic use includes household purposes, noncommercial watering of domesticated animals, and irrigation of noncommercial lawn, garden, trees, or landscaping up to one acre.
    • Well-drilling permits may also be obtained for drinking and sanitary water at governmental or commercial facilities and for livestock purposes.
    • An applicant drilling on land not owned by the applicant must submit written authorization with the well-permit application.
    • The permits described by the Office of the State Engineer automatically expire unless the well is completed within one year of issuance; after expiration, a new application and additional filing fee are required before drilling.
    • For domestic well permits under 19.27.5 NMAC, drilling and the amount and uses of permitted water remain subject to additional or more restrictive limitations imposed by a court or lawful municipal or county ordinance.

    domestic noncommercial irrigation limit: <= 1 acre (Applies to noncommercial lawn, garden, trees, or landscaping included in domestic use.) · permit completion deadline: <= 1 year from permit issuance (The permit automatically expires if the well is not completed within this period.)

    “Before you have a well drilled, you must first obtain a permit to drill from the Office of the State Engineer.”
    One more reviewed finding on this topic
    • Required — Use of water (including from wells) in New Mexico; permits obtained through the local Office of the State Engineer water rights district office
      “anyone wanting to use water in new mexico must have a permit from the state engineer that can be obtained by contacting your local district office.”
  • 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.”
    One more reviewed finding on this topic
    • Conditional — Connection of utilities or energy sources to buildings or systems regulated by New Mexico construction codes in Quay County.
      “No person shall make connections from a utility, source of energy, fuel or power to any building or system that is regulated by the New Mexico construction codes until approved by the appropriate AHJ.”
  • 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;”
    2 more reviewed findings on this topic
    • Conditional — New Mexico contractor licensing requirements for earthmoving, excavating, and ditching activities used in preparation or production of agriculture or maintenance of livestock on a farm or ranch.
      “earthmoving, excavating and ditching activities applicable to the preparation and production of agriculture or maintenance of livestock on a farm or ranch are exempt from licensing requirements.”
    • Conditional — Agricultural land divisions and conveyances that would otherwise fall within the New Mexico Subdivision Act definition.
      “provided that the land has been used primarily and continuously for agricultural purposes, in accordance with Section 7-36-20 NMSA 1978”
  • Shed and accessory-building permit exemptionAvailable

    One-story detached accessory structures for residential construction subject to Construction Industries Division jurisdiction.

    • The exemption is limited to a one-story detached accessory structure with floor area not exceeding 120 square feet.
    • The exemption concerns the building permit requirement; unless otherwise exempted, separate plumbing, electrical, and mechanical permits may still be required.
    • The applicable 14.5.2 NMAC amendment to the permit-exception provision is effective July 14, 2023.

    maximum floor area: <= 120 square feet (One-story detached accessory structures under the residential exception.)

    “One-story detached accessory structures provided that the floor area does not exceed 120 square feet (18.58 m2).”
  • 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.”
  • 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.”
    2 more reviewed findings on this topic
    • Variable (with conditions) — CID residential building-permit fees for projects in Quay County.
      “Submit the building permit fee, which CID will provide as soon as you let us know what the total cost of the project is going to be.”
    • Published — New Mexico CID permit fees applicable to construction in Quay County.
      “Permitting Fees are based upon type of construction, square footage, type of materials and construction costs.”
  • Permit processPublished

    CID-regulated construction permitting in Quay County.

    • The applicant must submit an application on an AHJ-approved form.
    • Approved plans must comply with applicable construction codes and rules.
    • Applicable permit fees must be paid before permit issuance.
    “In order to obtain a permit, the applicant must complete and submit an application on an AHJ approved form for the type of permit sought.”
    3 more reviewed findings on this topic
    • Published — State construction-permit processing for projects in Quay County.
      “Permits can also be completed using our online permitting portal.”
    • Published (with conditions) — State residential building-permit applications applicable in Quay County.
      “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.”
    • Published (with conditions) — Construction Industries Division permit applications in New Mexico.
      “Permits can also be completed using our online permitting portal.”
  • Campground & park staysLimited

    A tiny house constructed on a chassis with a permanent axle in New Mexico.

    • The unit is considered a recreational vehicle and must meet recreational-vehicle codes and be licensed as a recreational vehicle while the axle remains in place.
    • This is a statewide construction and classification rule for chassis-mounted tiny houses; it does not establish a general statewide authorization for long-term RV occupancy on private land.
    • Local planning and zoning approval may independently apply to a project.

    permanent axle condition: The recreational-vehicle classification applies so long as the axle remains in place.

    “Tiny houses constructed on a chassis with permanent axle shall be considered recreational vehicles and shall meet codes for and be licensed as recreational vehicles so long as the axle remains in place.”
  • county zoning authorityGeneral

    New Mexico counties adopting zoning for all or part of unincorporated territory outside municipal zoning jurisdiction.

    • A county zoning ordinance may apply only to territory not within the zoning jurisdiction of a municipality.
    • Municipalities may have concurrent extraterritorial zoning authority in specified areas, including areas near municipalities meeting statutory population thresholds and additional contiguous territory placed under municipal extraterritorial jurisdiction by county-municipal agreement.
    • Concurrent extraterritorial authority is exercised under an extraterritorial zoning authority or joint powers agreement and may be exercised regardless of whether the county has enacted a comprehensive zoning ordinance.
    • If no county zoning ordinance exists, qualified electors may petition for adoption; the petition must equal at least twenty-five percent of the votes cast for governor at the last preceding general election, and the board of county commissioners must adopt a county zoning ordinance within one year.

    minimum petition threshold: >= 25 percent of votes cast for governor at the last preceding general election · county ordinance adoption deadline after qualifying petition: 1 year

    “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;”
    One more reviewed finding on this topic
    • General — New Mexico counties may adopt zoning ordinances for all or any portion of county territory that is not within a municipality's zoning jurisdiction.
      “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 authorityGeneral

    New Mexico counties that establish and maintain a building department for permitting and inspections of general construction, mechanical-plumbing, and electrical work, including residential construction in unincorporated areas.

    • CID retains statewide permitting and inspection authority unless a county, municipality, or political subdivision has a current building department providing permitting and inspections.
    • To establish and maintain a building department, the county must establish a full-service building department covering general construction, mechanical-plumbing, and electrical trades; employ a full-time certified building official; and employ sufficient CID-certified inspectors for each trade.
    • The county authority does not include liquefied petroleum work, over which CID has exclusive authority.
    • CID conducts all inspections if the county lacks a certified building official.
    • If the certified building official leaves, plan review, permitting, and inspections transfer to the state unless the county replaces the official within 60 days or a longer period approved by the division, or enters a memorandum of understanding with another county, municipality, or political subdivision.

    replacement period for certified building official: 60 days (A longer period may be approved by the division.)

    “In order to establish and maintain a building department allowing permitting and inspections the county, municipality or political subdivision must establish a full-service building department including general construction, mechanical-plumbing and electrical trades, must employ a full-time certified building official and employ sufficient CID certified inspectors to inspect for each trade.”
    One more reviewed finding on this topic
    • Limited — 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.
      ““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.

  • Local zoning — Aggregate local zoning across Quay County and any incorporated municipalities.
  • Short-term rentals — Short-term-rental operation in Quay County.

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 Quay 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 ↗
  • Curry County 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. Ogallala/High Plains aquifer serving Clovis, with little recharge and long-term mining/decline (driving the Ute Reservoir pipeline). New non-domestic appropriations limited by lack of unappropriated water.

    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) ↗
  • Tucumcari 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. OSE-declared basin centered on Quay County (Order 155, 1998).

    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 Quay County, New Mexico

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

Quay County scores 36/100 on the Bolthole Index, a marginal county profile. Its strengths: deep seclusion — about 408 people within 15 miles and manageable long-term carry cost. Watch-outs: thin water margin (16.1″/yr rainfall) and elevated mid-century heat, water, rain, or wildfire exposure.

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

Land in Quay County runs about $783 per acre, based on the latest county data.

What is the water situation in Quay County?

Quay County gets about 16.1" of rain a year, with severe drought in roughly 42.2% of years. On water rights, Quay County lies in the Curry County 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. Ogallala/High Plains aquifer serving Clovis, with little recharge and long-term mining/decline (driving the Ute Reservoir pipeline). New non-domestic appropriations limited by lack of unappropriated water..

How remote is Quay County?

A typical private-land location has about 408 people within 15 miles and 392,398 within 100 miles. These radius catchments are the published fallback where road routing is unavailable.

How Quay compares in New Mexico