Tiny home rules in Bernalillo County, NM β covering tiny houses on wheels (THOWs), park model RVs, and tiny home on foundation builds β determine where they are legal and how they get permitted.
Albuquerque recognizes tiny homes on foundations as dwellings under IRC Appendix Q (200+ sq ft minimum) and allows them as ADUs under IDO Β§14-16-4-2(C). Tiny Houses on Wheels are regulated as RVs and may only occupy residential lots in limited circumstances. Bernalillo County follows CID/IRC rules.
Albuquerque adopted IRC Appendix Q through the NM CID, setting building standards for tiny houses under 400 sq ft including reduced ceiling heights (6'8" in main, 6'4" in lofts), alternative stair/ladder rules, and loft guard standards. A foundation-built tiny home is a dwelling unit: in ABQ R-1 zones it may be the primary home or an Accessory Dwelling Unit (ADU), which the IDO Β§14-16-4-2(C) permits by right on single-family lots with a minimum 5,000 sq ft lot size, subject to 1 ADU per lot, max 750 sq ft or 40% of main dwelling, and parking/utility requirements. Tiny Houses on Wheels (THOW) are classified as RVs under NMSA Β§66-1-4 definitions and are generally prohibited as permanent residences on R-1 lots; they may be parked on private property for limited durations (ABQ Β§14-16-5-8 allows 30 days in 12 months) unless in a permitted RV park. Bernalillo County unincorporated allows tiny homes on permanent foundations meeting CID standards; mobile/manufactured options have different permitting through CID's Manufactured Housing Division. Septic and utility connections per NMED OCD rules required for off-grid or rural parcels.
Occupying a THOW as a primary residence in ABQ R-1: zoning violation, citation, and order to vacate. Unpermitted foundation tiny home: stop-work, retroactive permit or demolition. Septic/utility violations: NMED enforcement up to $5,000 per NMSA Β§74-6-10.
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