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 building permits for covered home construction because the New Mexico Construction Industries Division (CID), rather than a county building department, is the applicable permitting authority12. Quay County has no prescriptive county zoning regulations, but subdivision, floodplain, building and septic rules can still apply3. Septic permits go through the New Mexico Environment Department's local field office4.

At a glance

Building permit
Required for covered work; issued by the state Construction Industries Division1
Zoning
No prescriptive county zoning regulations, though other rules still apply3
Septic permit
Required for an onsite wastewater system; apply through the local NMED field office45
Minimum home size
No county zoning-based minimum dwelling size in unincorporated Quay County6
Tiny home
A code-compliant tiny house on a permanent foundation is allowed statewide, up to 400 square feet excluding lofts7
Owner-builder
A homeowner permit may be issued subject to state limitations1
Septic soils
52.7% of county soils lack severe limits for a conventional drain field8

Who to call

Building permits

New Mexico Construction Industries Division (CID) - Albuquerque Office

State residential building permits and inspections, including homeowner construction permits

(505)222-9800

5500 San Antonio NE, Albuquerque, NM 87109

Online permits →

Septic permits

New Mexico Environment Department - Tucumcari District Office

Local New Mexico Environment Department field-office contact for liquid-waste permitting

575-461-1671

113 W Center, Tucumcari, NM 88401

Online permits →

Roads & driveways

Quay County Road Maintenance Department

County-road maintenance and questions about work along county roads

(575) 461-3577

1301 E. Center Street, PO Box 1246, Tucumcari, New Mexico 88401

Contact details are copied from each office’s official page and were checked against it on September 27, 2026.

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

Yes. Covered building and structure work in unincorporated Quay County requires the applicable permit before work begins, with the New Mexico Construction Industries Division serving as the permitting authority1. Separate permits are required for general building, electrical, mechanical/plumbing and liquefied-petroleum-gas work; reroofing and roof-coating projects also require building permits and inspections1. State residential exemptions include qualifying one-story detached sheds and similar accessory buildings no larger than 120 square feet, fences no higher than 6 feet, and qualifying detached decks no larger than 200 square feet9. A homeowner permit may be issued to a residential property owner subject to state limitations1.

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

Quay County does not administer the ordinary state building-permit process described here; the New Mexico Construction Industries Division does2. CID's published residential guide lists its Albuquerque office at 5500 San Antonio NE, Albuquerque, NM 87109, phone (505)222-980010. Because the guide also lists other CID offices without assigning Quay County to one, ask CID which office should receive your application. For a homeowner residential permit, submit any applicable planning or zoning approval, two complete plan sets, the state application and the fee; CID says a complete package is issued within 5 working days1112. Permit fees depend on total project cost and must be paid before processing13.

Does Quay County have zoning?

Quay County does not have prescriptive county zoning regulations restricting land uses or architectural design standards3. On unincorporated land, that means there is no county zoning-based minimum dwelling size, minimum lot size, setback, lot-coverage limit or building-height limit614151617. Those conclusions are limited to county zoning: building-code, septic, floodplain, airport and subdivision requirements can still control a project317. Quay County regulates applicable land divisions through its subdivision ordinance, including technical and local review, public hearings, and potential infrastructure requirements for roads, water, liquid-waste disposal and solid-waste disposal18. Incorporated municipalities may have their own land-use rules; confirm the governing jurisdiction before relying on the county answer.

How do septic permits work in Quay County?

A new or modified onsite wastewater system in Quay County requires a New Mexico Environment Department liquid-waste permit, and the application goes to the local NMED field office45. The application must include proof of ownership, a site diagram, a floor plan, and a plat or survey when applicable; advanced treatment can require more documentation5. The Tucumcari District Office is at 113 W Center, Tucumcari, NM 88401, phone 575-461-1671, with office hours by appointment19. Homeowner-installed systems require an NMED final inspection and may require inspections at specified construction stages, so arrange inspection timing with NMED in advance20. About 52.7% of county soils lack severe limitations for a conventional drain field, so obtain a site-specific evaluation rather than assuming a parcel will support a conventional system8.

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

Quay County has no prescriptive county zoning regulations, but the available county material does not confirm that full-time RV occupancy is allowed on every unincorporated parcel3. Ask the county about floodplain or subdivision conditions and NMED about an approved sanitation arrangement before occupying an RV. A New Mexico tiny house used as a dwelling is allowed under the residential code when it provides permanent living facilities, sits on a permanent foundation, meets the code and is no larger than 400 square feet excluding lofts7. A tiny house that retains a chassis and permanent axle is treated as a recreational vehicle instead7. Manufactured homes require a state installation permit before setup and a final inspection for occupancy21.

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

  1. Confirm that the parcel is in unincorporated Quay County and identify any subdivision or floodplain review; county subdivision rules can require technical review and infrastructure improvements18.
  1. Apply to NMED for the liquid-waste permit before constructing or moving a dwelling onto a lot that needs an onsite system22.
  1. Prepare two complete plan sets, the Multi-Purpose State Building Application, any applicable planning or zoning approval, and the CID fee12.
  1. Apply through CID; a homeowner acting under a homeowner permit must pass the required CID exam before personally performing electrical, plumbing or mechanical work10.
  1. Obtain an NMDOT access permit before building or changing direct access to a state highway23.
  1. Arrange foundation, slab or under-floor, frame, weather-barrier and final inspections as applicable24.

What should you check before buying land in Quay County?

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 closing2526. About 52.7% of soils lack severe limitations for a conventional drain field, but only a parcel-level evaluation can answer the septic question8. If access meets a state highway, an NMDOT permit is required before construction or modification23. Ask the Quay County Road Maintenance Department about work along a county road at 1301 E. Center Street, Tucumcari, phone (575) 461-357727. Development in a special flood hazard area needs local Floodplain Administrator approval before work begins28.

Watch-outs

  • Quay County's lack of prescriptive zoning does not waive state building permits, septic permits, floodplain review or county subdivision requirements318.
  • Full-time RV occupancy in unincorporated Quay County could not be confirmed from the county's absence of prescriptive zoning; ask the county about parcel-specific land rules and NMED about sanitation before moving onto the land3.
  • A general permit rule for driveways onto county roads could not be confirmed; ask the Quay County Road Maintenance Department before cutting or changing county-road access27.

Sources

  1. 14.5.2 NMAC — Permits, quoted and re-checked
  2. NM Regulation & Licensing - Construction Industries Division (2026 county census)
  3. Quay County Comprehensive Plan, quoted and re-checked
  4. Apply for a Permit | New Mexico Environment Department, quoted and re-checked
  5. Apply for a Permit | New Mexico Environment Department, quoted and re-checked
  6. Quay County Comprehensive Plan, quoted and re-checked
  7. 14.7.3 NMAC — 2021 New Mexico Residential Building Code (New Mexico statewide rule), quoted and re-checked
  8. Share of soils without severe limits for a conventional septic drain field (USDA SSURGO): Bolthole Index county data
  9. Building Permit Guide for Residential Construction (New Mexico statewide rule), quoted and re-checked
  10. New Mexico Construction Industries Division (CID) - Albuquerque Office (rld.nm.gov)
  11. Construction Industry Frequently Asked Questions, quoted and re-checked
  12. Construction Industry Frequently Asked Questions, quoted and re-checked
  13. Construction Industry Frequently Asked Questions, quoted and re-checked
  14. Quay County Comprehensive Plan, quoted and re-checked
  15. Quay County Comprehensive Plan, quoted and re-checked
  16. Quay County Comprehensive Plan, quoted and re-checked
  17. Quay County Comprehensive Plan, quoted and re-checked
  18. Quay County Comprehensive Plan, quoted and re-checked
  19. New Mexico Environment Department - Tucumcari District Office (env.nm.gov)
  20. Homeowners Information | New Mexico Environment Department, quoted and re-checked
  21. 14.12.9 NMAC — Inspections (New Mexico statewide rule), quoted and re-checked
  22. 20.7.3.401 NMAC — Permitting; General Requirements (New Mexico statewide rule), quoted and re-checked
  23. 18.31.6 NMAC (New Mexico statewide rule), quoted and re-checked
  24. Building Permit Guide for Residential Construction (New Mexico statewide rule), quoted and re-checked
  25. Annual precipitation: Bolthole Index county data
  26. Share of years in severe drought: Bolthole Index county data
  27. Quay County Road Maintenance Department (quaycounty-nm.gov)
  28. Flooding (New Mexico statewide rule), quoted and re-checked

Written September 27, 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

Quay County in New Mexico

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

How Quay County scores

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%Septic soil without severe limits
963,164 acWorkable land screen
1.2%Wooded land
2.5 tonsBiomass / forest ac
57.8°FAvg temp

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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.”
    One more reviewed finding 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.”
  • Zoning districtsNot published

    County zoning-district publication for unincorporated Quay County.

    • The county plan states that Quay does not have prescriptive zoning regulations; incorporated municipalities may publish separate zoning districts.
    “Quay does not have prescriptive zoning regulations that restrict the types of uses or architectural design standards.”
  • Minimum dwelling sizeNone (with conditions)

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

    • No county prescriptive zoning regulation establishes a minimum dwelling size.
    • State building-code requirements may still apply.
    “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 (with conditions)

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

    • No county prescriptive zoning regulation establishes a minimum lot size.
    • Subdivision regulations may apply to subdivision activity.
    “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 lot size in unincorporated Quay County.
      “Quay County’s only land use regulation is the subdivision ordinance”
  • SetbacksNone (with conditions)

    County zoning-based setbacks in unincorporated Quay County.

    • No county prescriptive zoning regulation establishes zoning setbacks.
    • Building, septic, floodplain, and subdivision rules may contain separate dimensional requirements.
    “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 setbacks in unincorporated Quay County.
      “Quay does not have prescriptive zoning regulations that restrict the types of uses or architectural design standards.”
  • Lot coverageNone (with conditions)

    County zoning-based lot coverage limits in unincorporated Quay County.

    • No county prescriptive zoning regulation establishes lot coverage limits.
    • Other building, floodplain, or subdivision requirements may apply.
    “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 lot-coverage limits in unincorporated Quay County.
      “Quay County’s only land use regulation is the subdivision ordinance”
  • Building heightNone (with conditions)

    County zoning-based building-height limits in unincorporated Quay County.

    • No county prescriptive zoning regulation establishes building-height limits.
    • Building-code, airport, floodplain, or other non-zoning restrictions were not resolved by this research.
    “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.”
  • 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). The ordinance requires applicable subdivisions to go through technical State and local reviews and public hearings, and for more intensive subdivisions, has a preliminary and final review process.”
    One more reviewed finding on this topic
    • Regulated (with conditions) — Applicable subdivisions in Quay County.
      “Quay County regulates land through a subdivision ordinance (Ordinance 35, 2004).”
  • Building in a floodplainRequired

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

    • The ordinance applies to all areas of special flood hazard within Quay County jurisdiction.
    • The regulated areas are identified using the Flood Insurance Study for Quay County, NM, dated May 5, 2003, and the most effective FIRM and/or FBFM dated May 5, 2003.
    • No structure or land may hereafter 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, whichever imposes the more stringent restrictions prevails.
    “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”
    3 more reviewed findings on this topic
    • Required — Homeowner residential building permits administered by CID and applicable to construction in Quay County.
      “Why do I need a permit to build my own house? To protect life, limb, and property, and to maintain a record of inspection for future reference.”
    • 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 — 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 exemptionAvailable (with conditions)

    A homeowner requesting a homeowner construction permit for a residence in Quay County.

    • The homeowner must sign and notarize the Homeowner's Responsibilities Form.
    • A homeowner's permit cannot be used where a GB-2 or GB-98 contractor acts as general contractor.
    • The homeowner may not perform electrical, plumbing, or mechanical work without applying for and passing the required CID exam.
    “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.”
  • 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.”
    3 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.”
  • InspectionsRequired

    State-administered residential and commercial construction requiring building permits.

    • Residential inspections include foundation, concrete slab or under-floor, frame, weather-resistive barrier, and final inspection.
    • Final electrical, plumbing, and mechanical inspections must occur before the final general construction inspection.
    • The building official or Construction Inspector may require additional inspections to establish compliance with the New Mexico Building Code and other enforced laws.
    • Inspection requests require the permit number, inspection type, requestor contact information, and confirmation that work is complete and the permit is affixed near the front exterior door.
    “REQUIRED INSPECTIONS To request an inspection e-mail us at [email protected] or call 505-222-9813 or 877-243-0979”
    2 more reviewed findings on this topic
  • Certificate of occupancyRequired

    Buildings and changes in occupancy classification subject to the New Mexico building code in Quay County.

    • The certificate follows approval of the final general construction inspection.
    “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.”
  • 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.”
    2 more reviewed findings on this topic
  • 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.”
    2 more reviewed findings on this topic
    • Required — Onsite wastewater systems serving property in Quay County.
      “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”
  • Septic inspectionRequired

    NMED inspection of onsite liquid-waste systems in Quay County.

    • Inspection must be requested 48 hours or 2 business days in advance on the permit page.
    • The system must not be covered before inspection.
    • Homeowner installations require an NMED final inspection.
    “Request Inspection by NMED 48 hours (2 business days) in advance (DO NOT COVER BEFORE INSPECTION)”
    One more reviewed finding 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.”
  • Mandatory utility hookupConditional

    Residential and commercial units using an on-site liquid waste system when a public sewer is available and connection is required by the local authority with jurisdiction.

    • A public sewer is deemed available when it has capacity and is located in a thoroughfare, right-of-way, or easement abutting the lot.
    • The on-site system must be properly abandoned within 30 days after connection.
    • The state rule does not itself identify which local authority will require connection.

    abandonment deadline after sewer connection: 30 days

    “All residential and commercial units utilizing an on-site liquid waste system shall connect to a public sewer upon availability and if required in accordance with the local authority that has jurisdiction.”
  • Agricultural exemptionConditional

    Statewide agricultural exemption from the New Mexico Subdivision Act for the sale, lease, or other conveyance of a parcel of at least 35 acres.

    • The parcel must be thirty-five acres or larger.
    • The conveyance must occur within a twelve-month period covered by the statutory exception.
    • The land must have been used primarily and continuously for agricultural purposes, in accordance with Section 7-36-20 NMSA 1978, for the preceding three years.

    minimum parcel size: >= 35 acres · agricultural use duration: >= 3 years (land must have been used primarily and continuously for agricultural purposes in accordance with Section 7-36-20 NMSA 1978) · conveyance period: 12 months (within any twelve-month period)

    “the sale, lease or other conveyance of any parcel that is thirty-five acres or larger in size within any twelve-month period; provided that the land has been used primarily and continuously for agricultural purposes, in accordance with Section 7-36-20 NMSA 1978, for the preceding three years;”
  • Driveway accessRequired

    Permanent or temporary direct vehicular access from property in close proximity to or adjoining a New Mexico state highway.

    • An access permit must be issued by the New Mexico Department of Transportation before constructing or modifying covered access.
    • Access permits are issued only when the application complies with 18.31.6 NMAC.
    • The department or an approved issuing authority may impose terms and conditions.
    • The rule concerns state highways under the jurisdiction of the state transportation commission; it does not establish a universal permit requirement for every non-state roadway.
    • For additional traffic from expansion or redevelopment, the property owner must contact the department to determine whether a new application or access modification is required; no new application is required if the department determines modifications are unnecessary.
    “no person shall construct or modify any permanent or temporary access [...] without an access permit issued by the New Mexico department of transportation.”
  • 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) — 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.”
  • Permit processPublished (with conditions)

    CID homeowner building-permit process applicable in Quay County.

    • Obtain county planning and zoning approval where applicable.
    • Submit two complete plan sets, the state application, and the CID fee.
    • A complete package is reviewed and approved before issuance.

    permit processing time: 5 working days (upon receipt of complete permit package)

    “The submittal requirements for a homeowner’s building permit are as follows:”
    2 more reviewed findings on this topic
    • 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.”
  • 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.

  • Local zoning — Aggregate local zoning across Quay County municipalities and other local jurisdictions.
  • Well permit — Water-well permitting applicable in Quay County.
  • Short-term rentals — Short-term rentals in unincorporated 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.

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

Quay County generally requires a residential building permit, and it has no county-wide zoning. Onsite septic is permitted by New Mexico Environment Department - Liquid Waste (Onsite Wastewater) Program. Owner-builders may act as their own contractor to build their home. These answers are quoted from official sources and independently re-checked. Rules change and cities within the county differ — always confirm with the county before you buy or build.

How much does land cost in 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.

Off-grid gear

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

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How Quay compares in New Mexico

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