Zoning, building permits and septic rules in Aztec, New Mexico

Aztec’s own rules

• Building permitRequired

  Building improvements and construction inside Aztec city limits.

  • A Community Development Department permit is required before San Juan County Building Department issuance of the building permit.

  “All building improvements and construction require a permit from the Community Development Department before a building permit can be issued by the San Juan County Building Department.”

• Building code adoptedAdopted (with conditions)

  Buildings and construction inside Aztec city limits.

  • Compliance is with the most current NM Building Code and NM Residential Building Code, including Construction Industries Division amendments.

  “All buildings and construction shall comply with the most current edition of the New Mexico Building Code (NMBC) and the New Mexico Residential Building Code (NMRBC)”

• InspectionsRequired

  Building improvements and construction inside Aztec city limits; inspection service is administered by San Juan County Building Department.

  • County oversees all inspections of building improvements and construction.

  “All inspections of building improvements and construction are overseen by the San Juan County Building Department.”

• Certificate of occupancyLimited

  Construction inside Aztec city limits for which construction requirements are inspected and approved; San Juan County Building Department issues the certificate.

  • Certificate issuance follows inspection and approval of all construction requirements.

  “The San Juan County Building Department is the agency that issues a Certificate of Occupancy when all construction requirements are inspected and approved.”

• Local zoningPresent (with conditions)

  Land and parcels within Aztec city limits.

  • Development is governed by the district in which property is located.

  “Chapter 26 of the City Code which regulates the zoning and land use of parcels within the City limits of Aztec.”

• Zoning districtsPublished (with conditions)

  Land inside Aztec city limits.

  • All property development is governed by the district in which it is located; district boundaries are shown on the official Land Development Map.

  “All development of property is governed according to the district in which it is located.”

• Living in an RVTemporary only (with conditions)

  Travel trailers and motor homes used as dwellings on lots containing a dwelling in the R-1 single-family district.

  • Temporary dwelling use is limited to 14 consecutive days; during dwelling construction, a trailer may be connected to utilities for up to six months starting at issuance of the building permit.

  temporary dwelling duration: <= 14 consecutive days (Travel trailer or motor home.) · construction trailer duration: <= 6 months (Period begins on issuance of building permit for construction of dwelling.)

  “A travel trailer or motor home being used as for temporary dwelling purposes for a maximum of fourteen (14) consecutive days.”

• Accessory dwellingsLimited

  Accessory dwelling units in the R-1 single-family district inside Aztec city limits.

  • Community Development Department review and City Commission approval are required; ADU may not exceed 40 percent of primary dwelling area or 25 percent of rear-yard area; site and building plans must accompany the conditional-use permit.

  maximum share of primary dwelling unit area: <= 40 percent · maximum share of rear yard area: <= 25 percent

  “The following uses will be permitted in the R-1 District provided that the use has been reviewed by the Community Development Department and approved by the City Commission:”

• Who permits septicMixed (with conditions)

  Private sewage disposal systems inside Aztec city limits.

  • Written permit must be endorsed by the state environmental improvement division and signed by the City director.

  “Before commencement of construction of a private sewage disposal system, the owner shall first obtain a written permit endorsed by the state environmental improvement division and signed by the director.”

• Septic permitRequired

  Construction of a private sewage disposal system inside Aztec city limits.

  • Permit is required before construction; it must be endorsed by the state environmental improvement division and signed by the director; a permit and inspection fee is due when application is filed.

  “Before commencement of construction of a private sewage disposal system, the owner shall first obtain a written permit endorsed by the state environmental improvement division and signed by the director.”

• Septic inspectionRequired

  Private sewage disposal system installations inside Aztec city limits.

  • Permit is ineffective until installation satisfies the director; applicant must notify the director for final inspection before underground portions are covered.

  “the applicant for the permit shall notify the director when the work is ready for final inspection, and before any underground portions are covered.”

• Off-grid sanitationLimited

  Private sewage disposal for properties inside Aztec city limits where public sanitary sewer is not available under City Code Sec. 25-112.

  • Building sewer must connect to a complying private sewage disposal system when public sewer is unavailable; system remains subject to the private-system permit and inspection provisions.

  “Where a public sanitary sewer is not available under the provisions of Section 25-112, the building sewer shall be connected to a private sewage disposal system complying with the provisions of this division.”

• Mandatory utility hookupSewer (with conditions)

  Human-occupied houses, buildings, and properties inside Aztec city limits that abut a street, alley, or right-of-way containing a City public sanitary sewer within 100 feet of the property line.

  • Owner must install suitable toilet facilities and connect directly to the public sewer at owner expense within 90 days after official notice; condition applies where the public sewer is within 100 feet of the property line.

  public sewer distance from property line: <= 100 feet (Public sewer must be in the abutting street, alley, or right-of-way.) · connection deadline after official notice: <= 90 days

  “within ninety (90) days after date of official notice to do so, provided that the public sewer is within one hundred (100) feet of the property line.”

• Subdividing landRegulated (with conditions)

  Subdivisions of land within Aztec city limits.

  • Conforming preliminary plat must be submitted; preliminary approval is required when applicable; final plat must be approved by City Commission and filed with San Juan County Clerk and Recorder.

  “These regulations apply to all subdivision of land, as defined in Section 23-31, located within the corporate limits of the City of Aztec and all territory within three (3) miles of such present municipal boundary.”

• Building in a floodplainRequired

  Development in areas regulated by Aztec's flood-damage-prevention regulations inside city limits.

  • Floodplain use permit is required to ensure conformance; more stringent overlapping restrictions prevail.

  “A Floodplain Use Permit shall be required to ensure conformance with the provisions of these regulations.”

• Permit feesPublished (with conditions)

  City land-use applications for development inside Aztec city limits.

  • Administrative fee applies to every land-use application; applications not listed in permit-fee table have no permit fee but remain subject to administrative review fee.

  land use application administrative fee: 10 USD (Each application submitted for City review.) · new single-family residential dwelling land-use permit fee: 25 USD (Includes an accessory dwelling unit.)

  “The City shall collect an administrative fee of $ 10.00 for each land use application submitted to the City for review.”

• Permit processPublished (with conditions)

  Community Development Department permits inside Aztec city limits.

  • Applicant must complete an application and submit a site plan; additional forms may be required depending on permit request.

  “All permits from the Community Development Department require an applicant to complete an application in order to obtain a permit. All applications require a site plan. Depending on the permit request, additional forms may be required.”

Rules another office applies inside Aztec

Aztec does not set these itself; the county, a health district or the state does, and they apply to every address inside its limits.

• Minimum dwelling sizeSpecified

  Single-family dwellings in Aztec R-1 single-family dwelling district.

  • Dwelling must be on a permanent foundation; trailer houses, mobile homes, and motor homes are not permitted unless they comply with stated manufactured-housing and building-code standards.

  minimum dwelling floor space: >= 800 square feet

  “The dwelling unit must contain at least eight hundred (800) square feet of floor space on a permanent foundation.”

• Minimum lot sizeSpecified

  Lots in Aztec R-1 single-family dwelling district.

  minimum lot area: >= 7000 square feet · minimum lot width: >= 65 feet (Measured at actual building setback.)

  “Minimum lot area shall be seven thousand (7,000) square feet.”

• SetbacksSpecified

  Buildings, mobile homes, and dwelling structures in Aztec R-1 single-family dwelling district.

  • Side setback is 15 feet on street side of corner lots and increases 2.5 feet per story over one; accessory structures have separate three-foot side and rear setbacks.

  front yard setback: >= 25 feet (From established or future street right-of-way or property line.) · side yard setback for dwelling: >= 5 feet (15 feet on street side of corner lots.) · rear yard setback for dwelling: >= 30 feet (25 feet on double-frontage lots.)

  “The front yard setback shall be a minimum of twenty-five (25) feet from the established or future street right-of-way or property line.”

• Lot coverageSpecified

  Lots in Aztec R-1 single-family dwelling district.

  • Limit includes main and accessory buildings.

  maximum lot coverage: <= 50 percent (Main and accessory buildings combined.)

  “Coverage of each lot by main and accessory buildings shall not exceed fifty percent (50%).”

• Building heightSpecified

  Buildings and structures in Aztec R-1 single-family dwelling district.

  maximum building height: <= 35 feet (Measured above natural adjacent ground level.)

  “All buildings and structures in this district shall be limited to thirty-five (35) feet above natural adjacent ground level.”

Still unanswered

We looked and could not find an official answer yet. Silence is not permission; ask Aztec or San Juan County directly.

• Owner-builder exemption — Owner-built residential construction inside Aztec city limits.
• Camping on your land — Temporary camping on private land inside Aztec city limits.
• Tiny homes — Tiny-home occupancy inside Aztec city limits.
• Well permit — Private wells inside Aztec city limits.
• Agricultural exemption — Agricultural construction or development inside Aztec city limits.

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.