Pop. 564,559 · Bernalillo County
Albuquerque encourages rainwater harvesting under the ABQ Water Authority rebate program, allowing residents to collect roof runoff without state water rights issues in most cases.
Under Albuquerque's Weed, Litter and Snow Removal Ordinance (Sec. 9-8-1 et seq.), it is unlawful to permit listed nuisance weeds to grow to a height or width of more than 4 inches. The owner must keep the property clear, including the area between the property line and the middle of the adjacent alley.
Albuquerque allows artificial turf in residential and commercial landscapes but limits coverage in front yards and requires permeable base installation under IDO landscape standards.
Albuquerque strongly encourages xeriscape and native plant landscaping through Water Authority rebates and IDO landscape standards requiring low-water plants for new construction.
Albuquerque's Street Tree Ordinance (ROA 1994, Article 6-6) sets minimum clearance for trees overhanging public ways: the lowest permanent branch over a sidewalk must be at least 7 feet, and over a street at least 14 feet. The City Forester administers planting, trimming, and removal of street trees.
Albuquerque does not cap residential lawn height, but its water-conservation landscaping rules sharply limit turf. Under the Integrated Development Ordinance (IDO) General Landscaping Standards, Sec. 5-6(C), no more than 10 percent of required landscape areas may be cool-season grass species.
Albuquerque enforces mandatory time-of-day watering restrictions. Under the Water Conservation Landscaping and Water Waste Ordinance (ROA 1994, Sec. 6-1-1-5), all spray irrigation from April 1 through October 31 must occur between 7:00 p.m. and 11:00 a.m. Drip irrigation, low-precipitation bubblers, and hand watering are exempt.
Albuquerque ROA §6-6-1-4 — permit required from City Forester to remove any tree on public property. Private property tree removal may require permit. Heritage Tree Program protects historically significant trees. Dead, diseased, or dangerous trees may be removed without permit.
Albuquerque requires hardwired, interconnected smoke alarms with battery backup in every bedroom, outside sleeping areas, and on each level per the 2018 IRC and AFR fire code.
Albuquerque designates Wildland-Urban Interface zones along the Sandia foothills and Bosque under the International WUI Code, triggering strict construction and defensible space rules.
Albuquerque Fire Code Section 307.1 prohibits open burning, recreational fires, bonfires, rubbish fires and open-burning operations except as allowed by the Albuquerque-Bernalillo County Air Quality Control Board and the Fire Code. Limited dead-and-dry weed removal is allowed without a permit if it meets strict setback, pile-size, wind, and time-of-day conditions.
Recreational fires are allowed without a permit if kept at least 25 feet from structures with fuel no larger than 3 ft x 3 ft, while bonfires require a permit and must stay 50 feet from any structure (Albuquerque Fire Code 307.2 and 307.4.1). All backyard burning is suspended during a declared burn ban.
Albuquerque requires defensible space clearance of flammable vegetation within 30 feet of structures in designated wildland-urban interface zones under AFR fire code and ROA 1994 Chapter 14.
Albuquerque enforces the International Fire Code and NFPA 58 for propane storage, limiting residential cylinder size, mandating setbacks from buildings, and requiring permits for larger tanks.
Permanently installed outdoor fireplaces, permanent outdoor recreational fire rings, barbecue pits and portable fireplaces are exempt from the open-burning permit under Albuquerque Fire Code Section 307.2 Exception 2. They must still follow recreational-fire setbacks and may not be used during a declared burn ban.
Albuquerque bans the aerial devices and ground audible devices it is allowed to prohibit under New Mexico's Fireworks Licensing and Safety Act. Fire Code Section 3309.1 prohibits possession, storage, sale and use of aerial spinners, helicopters, missile- and stick-type rockets, Roman candles, chasers (bottle rockets) and firecrackers citywide.
Every short-term rental in Albuquerque must obtain an annual permit from the Planning Department under ROA 1994 Chapter 13-20 and collect Lodgers' Tax plus Hospitality Fee.
Albuquerque caps overnight STR occupancy at two adults per bedroom plus two additional adults, so a two-bedroom unit allows six and a three-bedroom unit allows eight. An adult is anyone over 12 years of age.
Every Albuquerque STR operator must carry short-term rental insurance of at least $250,000 per unit, covering damage to guests and damage caused by guests or the operator to others, including neighbors.
Albuquerque does not impose a citywide annual night cap on permitted short-term rentals under ROA 1994 Chapter 13-20, though non-owner-occupied permits are capped at one per owner.
Albuquerque's short-term rental ordinance R-19-19 does not mandate that hosts live on-site or be physically present during a guest stay. Whole-home rentals are permitted citywide with a valid permit and 24/7 contact requirement.
Albuquerque's short-term rental ordinance does not restrict permits to a host's primary residence. Investors can hold multiple STR permits, one per property, with no citywide cap on the number of non-owner-occupied listings.
Albuquerque requires every short-term rental advertisement, including listings on Airbnb and Vrbo, to display the city-issued permit number. Hosts and, in practice, platforms share responsibility for compliance, with delisting used as an enforcement lever.
Albuquerque's R-19-19 lets the Planning Department suspend or revoke a short-term rental permit after repeat substantiated violations, including noise, occupancy, or unpermitted operation. There is no fixed three-strike rule, but a documented pattern triggers escalation.
Stays of 30 consecutive days or more in an Albuquerque short-term rental are not subject to the city's lodgers' tax under New Mexico law, and effectively shift to a residential tenancy under the Uniform Owner-Resident Relations Act.
Albuquerque STR Ordinance ROA 1994 Chapter 13-20 requires one off-street parking space per bedroom rented, and prohibits guest parking on unpaved front yards or across sidewalks.
Albuquerque short-term rentals must enforce quiet hours from 10:00 PM to 7:00 AM under ROA 1994 Chapter 13-20 and the citywide noise code, with strict penalties for host non-compliance.
Albuquerque requires a valid Short Term Rental permit from the Planning Department for every unit rented 29 days or less, plus a City Business Registration. The initial permit fee is $120 and renewals are $90.
Albuquerque STR operators pay 5% Lodgers' Tax, 1% Hospitality Fee, and approximately 7.9% combined Gross Receipts Tax on all room revenue for stays of 29 nights or less. Monthly reporting required by the 25th.
Albuquerque regulates leaf blowers under the General Noise Ordinance in ROA 1994 Chapter 9-9, restricting operating hours and decibel output at residential property lines in the Rio Grande Valley.
ROA 1994 Chapter 9-9 sets tiered decibel limits by zoning district and time of day, with residential areas capped at 55 dB(A) nighttime and 65 dB(A) daytime.
Albuquerque's Noise Control Ordinance does not regulate aircraft. Section 9-9-8 expressly exempts sounds or vibrations from any aircraft or from operation of any airport or approved helipad, and a 'total preemption' clause yields to federal, state, and municipal regulation of aviation noise.
Outdoor music at Albuquerque restaurants, patios, and events must stay within ROA Chapter 9-9 limits and end amplified play by 10:00 PM in most residential-adjacent zones.
Industrial facilities in Albuquerque must comply with ROA 1994 Chapter 9-9 zoning-based decibel limits, with strict enforcement along the I-25 corridor and South Broadway manufacturing districts.
Albuquerque has no blanket curfew but enforces zoning-based decibel limits. Under Noise Control Ordinance section 9-9-4, residential receptor properties may not be exposed to sound exceeding 55 dB(A) during the daytime (7:00 a.m.-10:00 p.m.) or 50 dB(A) during the nighttime (10:00 p.m.-7:00 a.m.).
Under Noise Control Ordinance section 9-9-4(D), no construction equipment may operate within 500 feet of noise-sensitive property on Sundays, holidays, or between 10:00 p.m. and 6:00 a.m. without a Temporary Construction Noise Permit. The city summarizes the allowed window as 6 a.m. to 10 p.m.
Noise Control Ordinance section 9-9-4(C) makes it unlawful to allow an animal in your possession to 'persistently or continuously' bark, howl, or make noise that disturbs the peace and quiet of city inhabitants. Public zoos and properly zoned animal shelters are exempt.
Amplified music must stay within the section 9-9-4 decibel limits. The Mayor may grant a free Temporary Permit for short-duration amplified sound under section 9-9-5; unless the permit states otherwise, permitted noise must stop by 10:00 p.m. Sunday-Thursday and 12:00 a.m. Friday-Saturday.
Albuquerque prohibits intentional feeding of coyotes, bears, javelinas, and other nuisance wildlife under ROA 1994 Chapter 9 with enhanced penalties in foothills neighborhoods.
Albuquerque's HEART Ordinance limits a household to no more than six companion animals, no more than four of which may be dogs; exceeding that limit requires a Multiple Companion Animal Site Permit (MCASP), which itself caps a site at 15 companion animals.
Albuquerque limits the number of companion animals per household and treats hoarding as a public-health and animal-welfare violation under Chapter 9, Article 2 of the city code.
Albuquerque requires cats over four months old to be licensed, vaccinated against rabies, and prohibits cats from running at large under the city's HEART ordinance.
Albuquerque requires sterilization of dogs and cats over six months old unless owners pay for and maintain an intact-animal permit, one of the strictest such laws in the Southwest.
All licensed dogs and cats in Albuquerque must be microchipped, with chip information registered to the owner and updated when the animal or contact information changes.
Albuquerque prohibits feeding coyotes and other wildlife and coordinates with NM Game and Fish to manage urban coyote conflicts in foothills neighborhoods bordering the Sandia Mountains.
Albuquerque restricts retail pet stores from selling commercially bred dogs, cats, and rabbits, requiring sourcing from shelters or rescue organizations under a 2022 amendment to the HEART ordinance.
Albuquerque HEART Ordinance (ROA Ch. 9, Art. 2) — all dogs must be on a leash no longer than 8 ft when in public, held by a person capable of controlling the animal. Verbal commands do not constitute control. Off-leash allowed only in designated dog parks.
Albuquerque ROA §9-2-3-9 — permit required to own exotic or wild animals including venomous reptiles, large constrictors, alligators, crocodiles, and certain birds of prey. Collection permit (EWACP) required for 15+ exotic animals. No release into wild within city limits.
Beekeeping is permitted in Albuquerque. The city was designated the first Bee City USA in the Southwest in 2016. No registration required by city or state, though commercial apiaries must register annually by November 1. Beekeepers can join the no-spray list via 311.
Albuquerque has no breed-specific ban; the HEART Ordinance regulates dogs by individual behavior, defining 'Aggressive' through objective observation rather than breed. New Mexico's Dangerous Dog Act likewise defines dangerous and potentially dangerous dogs strictly by conduct, not breed.
Albuquerque's HEART Ordinance caps poultry at 15 birds per household with no more than one rooster, and caps rabbits at 15 per household; keeping of other livestock is governed by the city's Integrated Development Ordinance (IDO) zoning rules.
In Albuquerque, a rear-loaded residential garage or carport must be set back at least 3 feet from a property line abutting an alley or street; otherwise an accessory building such as a carport generally has no required setback from a lot line but may not occupy over 25 percent of the side and rear yards combined.
Albuquerque treats permanent backyard tiny homes as accessory dwelling units (casitas) under the IDO, capped at 750 square feet, and the City offers free pre-approved casita construction plans from 450 to 750 square feet as part of its Housing Forward ABQ initiative.
Albuquerque does not require owner-occupancy for casita properties under the IDO. New Mexico HB 252 (2023) - the Casita Rule - explicitly prohibits local owner-occupancy mandates for ADUs of 750 sq ft or less on single-family lots. Property owners may build a casita and rent both units to separate tenants. HOA covenants may still impose restrictions.
Albuquerque charges modest impact fees on residential development under the Impact Fee Ordinance (Chapter 14, Article 19) but casitas typically pay reduced fees as accessory uses. New Mexico Statute 5-8 (Development Fees Act) authorizes impact fees with strict capacity-need findings. Albuquerque Bernalillo County Water Utility Authority charges connection fees only when new service is installed.
Albuquerque permits ADUs (locally called 'casitas') under the Integrated Development Ordinance (IDO, adopted 2018) Section 14-16-4-3(D)(4). Casitas are permitted by-right in all residential zones (R-A, R-1, R-MH, R-T, R-ML, R-MH). One ADU per single-family lot. Permits route through Planning Department via the Online Permit Portal. New Mexico has the Casita Rule (HB 252, 2023) that further preempts restrictive local rules.
Albuquerque requires Short-Term Rental Permits under Chapter 13, Article 9 for rentals under 30 days. Long-term casita rentals require no separate registration but must comply with the New Mexico Uniform Owner-Resident Relations Act (NMSA 47-8). Albuquerque has no rent control - New Mexico Statute 47-8A-3 preempts local rent control. Lodgers' Tax (5%) applies to STRs.
Converting a garage into habitable space in Albuquerque requires a building permit with full plans, and a converted bedroom must have an egress window with at least 5.7 square feet of net clear openable area; converting a garage into a casita is regulated as an ADU under the IDO.
Albuquerque's Integrated Development Ordinance allows one accessory dwelling unit (casita) per lot in the R-A, R-1, R-T, and R-ML zones, capped at 750 square feet of gross floor area, no taller than the primary house, with a minimum 5-foot side or rear setback.
Albuquerque exempts one-story detached storage sheds of 120 square feet or less from a building permit, while larger sheds need a permit; accessory buildings have no required setback from a lot line on interior lots but walls within 5 feet of a property line must be one-hour fire-resistive.
Albuquerque's Integrated Development Ordinance caps walls and fences at 3 feet in a front or street side yard and 8 feet elsewhere on a residential lot, with limited exceptions for taller view fencing.
Albuquerque's IDO does not set pool-barrier specifications; swimming pool fencing is governed by the New Mexico Residential Code (14.7.3 NMAC, adopting the 2021 IRC). An outdoor pool barrier must be at least 48 inches high with no more than a 2-inch gap below it on the side facing away from the pool.
Albuquerque's IDO allows a broad range of wall and fence materials but restricts exposed CMU block on street frontages, bans most chain link on visible frontages, and prohibits barbed/razor wire in or adjacent to residential and mixed-use zones.
Albuquerque retaining walls follow the same maximum heights as other walls unless the City Engineer approves a higher wall. Retaining walls over 6 feet must be terraced to no more than 3 tiers, with a planted 4-foot terrace between tiers and footings kept out of the public right-of-way.
Albuquerque's Integrated Development Ordinance limits residential fences to 4 feet in front yards and 6 feet in side/rear yards, with permits required for walls over 6 feet.
New Mexico is an open range state (NMSA §77-16-1) with no shared fence cost statute. Albuquerque does not require neighbor consent for fences on your own property. Fence must be on or inside your property line. No spite fence statute in NM.
Albuquerque requires a permit before any wall or fence is built: a staff-decided Permit - Wall or Fence - Minor for standard fences, or a Permit - Wall or Fence - Major (public hearing before the Zoning Hearing Examiner) for above-standard front/side yard walls.
Albuquerque generally prohibits food and beverage uses as home occupations, but the IDO carves out a catering service that meets the New Mexico Homemade Food Act and needs no NM Environment Department permit.
Home daycares in Albuquerque must be licensed by NM CYFD and comply with IDO home occupation standards, with resident providers caring for up to 6 children permitted by right.
Albuquerque home occupations require a business registration and must comply with IDO home occupation standards capping customer visits, employees, and visible business activity.
A home occupation may not regularly attract more than 2 people at once, commercial vehicle visits are capped at 10 per 7-day period, and customer visits and deliveries are barred between 10:00 P.M. and 7:00 A.M.
A home occupation in Albuquerque may display only one non-illuminated sign, and the outside of the dwelling may not otherwise show evidence of the business; in residential zones the sign is capped at 2 square feet under Table 5-12-2.
Albuquerque allows home occupations in residential dwellings but limits them to 25 percent of the dwelling's floor area (50 percent in the MX-T district), restricts on-site workers to resident family members, and prohibits a long list of intensive uses.
On-street parking in Albuquerque is governed by the city's Traffic Code (ROA 1994 Chapter 8, Article 5), layered on top of New Mexico's Uniform Traffic Act (NMSA 1978 Section 66-7-351). Metered curbside parking in Old Town, Downtown and Nob Hill is managed by the Parking Division and must be paid 7 a.m. to 6 p.m. Monday through Saturday.
Albuquerque has no blanket residential overnight on-street parking ban, but a vehicle left unattended in the same place on a public street for 36 hours without a valid police sticker is deemed abandoned under ROA 1994 Sec. 8-5-2-3 and may be towed. The Chief of Police may issue temporary 15-day street stickers, with no more than four per owner.
Albuquerque requires EV-ready infrastructure in new multifamily and commercial construction under IDO amendments and offers permit streamlining for residential Level 2 chargers.
Albuquerque Code Section 8-5-2-3 declares a vehicle abandoned if it sits unattended on a public street for 36 hours, on private property without owner consent for 24 hours, or off a private residence's driveway for 36 hours. Inoperable vehicles on private property longer than three days are a public nuisance under Section 8-5-2-9.
Albuquerque's Integrated Development Ordinance (IDO Section 14-16-5-5) allows a recreational vehicle, boat or recreational trailer to be parked on a residential property only inside an enclosed structure, in a side or rear yard, or in a front yard if it sits perpendicular to the curb with the body at least 11 feet from the curb face. No part may extend over a public sidewalk or into a clear sight triangle, and an RV may be used for dwelling purposes no more than 14 days per calendar year.
Albuquerque IDO — front yard parking only on improved driveways (concrete or compacted gravel). Parking on dirt or grass front yards prohibited. Lots over 5,000 sq ft limited to 400 sq ft or 60% of front yard setback for parking area.
Albuquerque's Integrated Development Ordinance (IDO Sec. 14-16-5-5(B)(4)) allows truck tractors, semitrailers and heavy vehicles to be parked more than two hours only on non-residential premises in specified MX and NR zone districts with the owner's permission - effectively barring commercial-vehicle storage in residential zones. On public streets, no vehicle 90 inches or more in width may be parked except briefly for attended loading or unloading (ROA 1994 Sec. 8-5-1-13).
A City of Albuquerque building permit is required before constructing a residential swimming pool or spa; the application must include a site plan with property-line and dwelling setbacks, pool dimensions and water capacity, barrier details, and a professional seal for gunite pools, with inspections required throughout construction.
Albuquerque hot tubs holding over 24 inches of water require pool barriers or ASTM F1346 safety covers, and electrical installations need permits and GFCI protection.
Albuquerque residential pools require four-sided barriers, drain anti-entrapment devices, and door alarms where the house forms part of the barrier, per 2018 IRC Appendix G.
Above-ground pools in Albuquerque must comply with fencing requirements if over 3 ft deep or 5,000 gallons. The 6-ft barrier height is measured from outside grade. NM Residential Code defines pool as any structure over 24 inches deep. Building permit required.
Albuquerque requires every new residential swimming pool to be enclosed by a barrier at least 4 feet high (with an approved automatic cover) or 6 feet high (without an automatic cover), with self-latching access gates and alarms on all dwelling doors that open directly onto the pool area.
Albuquerque requires automatic fire sprinkler systems under the adopted International Fire Code and NFPA 13/13R/13D in most new commercial, multi-family, and certain single-family construction.
Elevators in Albuquerque are regulated by the New Mexico Construction Industries Division under NMAC 14.7.10, requiring annual inspection, certification, and a posted current-inspection sticker.
Pre-1978 housing in Albuquerque is subject to federal lead-disclosure law, EPA RRP rules for renovation, and city environmental health enforcement when child-occupied facilities are involved.
Albuquerque requires landlords to maintain rental units free of insect and rodent infestation under the property maintenance code, with NM warranty-of-habitability backing tenant remedies.
Construction scaffolding in Albuquerque must comply with OSHA, the International Building Code, and city right-of-way permits when scaffolding extends over sidewalks or public streets.
Childcare centers in Albuquerque must meet IBC E-occupancy standards, NM CYFD licensing, fire-marshal inspection, and zoning approvals depending on enrollment size and location.
Egress doors in Albuquerque commercial and multi-family buildings must use code-compliant locking hardware that allows single-motion exit, with limited exceptions for schools and detention.
Under NMSA §47-8-18, Albuquerque landlords may take a security deposit of no more than one month's rent on leases shorter than one year, and must return the deposit with itemized deductions within 30 days of move-out.
Albuquerque tenants are protected from retaliation under NMSA §47-8-39 if they exercise legal rights, but New Mexico has no comprehensive tenant-anti-harassment statute like Los Angeles' TAHO. Most claims rely on the retaliation rule and habitability duties.
New Mexico law permits Albuquerque landlords to end a month-to-month tenancy without cause on 30 days' written notice. There is no local just-cause-eviction ordinance and no relocation-assistance requirement for no-fault terminations.
New Mexico's Human Rights Act does not list source of income as a protected class, and Albuquerque has not adopted a local Section 8 protection ordinance. Landlords in the city may legally refuse to accept housing-choice vouchers as a payment source.
From March 2020 to April 2022, the New Mexico Supreme Court paused enforcement of money-judgment eviction writs for nonpayment in Albuquerque. The moratorium ended after rental assistance funds dried up; standard NMSA §47-8 eviction rules now apply.
Albuquerque has no rent control or rent stabilization ordinances. New Mexico does not have a statewide rent control law, but neither does it have a statewide preemption prohibiting cities from enacting rent control. Landlords may set and increase rents without municipal limits, subject only to lease terms and general contract law.
Albuquerque does not have a just cause eviction ordinance. Evictions in New Mexico are governed by the Uniform Owner-Resident Relations Act (§47-8-1 et seq.) which allows landlords to terminate tenancies for cause (non-payment, lease violations) with proper notice, and to decline to renew expired leases without stating a reason.
Albuquerque does not currently require a general rental property registration program. Landlords are not required to register their rental units with the city or obtain a rental license. The city relies on code enforcement and the state Uniform Owner-Resident Relations Act to regulate rental property conditions.
For nonpayment of rent, NMSA 47-8-33(D) requires a 3-day written notice to pay or quit before the owner may terminate. A material lease breach affecting health or safety gets a 7-day cure period (NMSA 47-8-33(A)), and a substantial violation allows termination on not less than 3 days' notice (NMSA 47-8-33(I)).
NMSA 47-8-20 requires New Mexico owners to keep rentals safe and habitable — comply with housing codes, make repairs, maintain electrical, plumbing, heating, and sanitary systems, and supply running and hot water and reasonable heat. If the owner fails to repair after notice, NMSA 47-8-27.2 lets the resident abate rent.
NMSA 47-8-24 requires a New Mexico owner to give 24 hours' written notice before entering, stating the purpose and a reasonable time estimate. No notice is needed in an emergency, for repairs the resident requested within seven days, or when accompanied by a public official or utility representative.
NMSA 47-8-15(D) caps a New Mexico late fee at 5 percent of the rent for each rental period in default — cut from 10 percent by a 2025 amendment effective June 20, 2025. Late fees are based on rent only (not deposits, fees, or utilities), and the fee must be noticed by the end of the next rental period.
Under NMSA 47-8-37, either party may end a month-to-month residency with at least 30 days' written notice before the periodic rental date, or 7 days for a week-to-week residency. A fixed-term lease ends on its stated date. The notice must be in writing and given to the other party.
Under the Uniform Owner-Resident Relations Act, NMSA 47-8-15(F) lets a New Mexico owner raise rent on a month-to-month residency only with written notice given at least 30 days before the periodic rental date. New Mexico sets no cap on the amount and preempts local rent control.
New Mexico requires 10 years of continuous, good-faith adverse possession under color of title plus continuous payment of all state, county, and municipal taxes before title can be claimed (NMSA 37-1-22). All three elements are required, making successful squatter claims rare.
Albuquerque enforces sidewalk obstruction and pedestrian-right-of-way rules, but the city does not punish sitting or lying alone where shelter beds are unavailable, consistent with Ninth Circuit precedent in Martin v. Boise and ongoing federal-court oversight.
After closing Coronado Park in August 2022, Albuquerque adopted a structured encampment-cleanup protocol with 72-hour notice, property storage, and outreach offers, but it actively dismantles unauthorized encampments on public land.
Albuquerque's Gateway Center on Gibson Boulevard, which opened phased operations in 2023, serves as the city's central low-barrier shelter and bridge-housing hub, with on-site medical respite, women's housing, and connections to permanent supportive housing partners.
Albuquerque IDO restricts cannabis retail and consumption establishments from locating within set distances of schools and daycare centers, regulating where dispensaries may operate inside the city.
New Mexico law allows adults 21 and over to grow cannabis at home for personal use, with statewide plant caps that apply throughout Albuquerque, plus visibility and security expectations under the Cannabis Regulation Act.
Licensed cannabis couriers may deliver to Albuquerque residents from state-licensed retailers under New Mexico Cannabis Control Division rules, with ID verification, secured vehicles, and limits on quantities per transaction.
The New Mexico Cannabis Control Division operates a social and economic equity program offering reduced fees and technical assistance to qualifying applicants, including Albuquerque residents from disproportionately impacted communities.
The Albuquerque IDO defines which zone districts permit cannabis retail, manufacturing, testing, and cultivation, generally allowing commercial cannabis in mixed-use and industrial zones subject to buffer rules.
Albuquerque regulates cannabis retail establishments through the Integrated Development Ordinance (IDO). Cannabis dispensaries cannot be located within 300 feet of any existing child day care facility. The city council rejected most proposed distance buffer requirements from schools and other cannabis retailers, resulting in relatively permissive zoning compared to other jurisdictions.
New Mexico legalized recreational cannabis under the Cannabis Regulation Act (2021), which permits adults 21 and older to grow up to six mature plants and six immature plants per person, with a household maximum of 12 mature plants. Albuquerque follows state law with no additional local restrictions on home cultivation. Plants must be grown in an enclosed, locked space not visible to the public.
New Mexico law sets the minimum legal sales age for tobacco, vape, and nicotine products at 21, applying statewide in Albuquerque, with retailer ID-verification duties and penalties for both clerks and stores.
Albuquerque vape shops must register with the city as tobacco retailers, comply with NM §30-49-3 age-21 rules, and meet New Mexico Department of Health labeling and product-restriction standards for e-cigarettes.
New Mexico does not have a statewide ban on flavored tobacco or vape products, and Albuquerque has not enacted a local flavor ban, so flavored cigarettes, cigars, and vape liquids remain legal for adult sale.
Albuquerque's 2020 single-use plastic bag ban was repealed in 2022, and New Mexico has no statewide bag law, so retailers may currently provide thin plastic carryout bags without a city fee or restriction.
Albuquerque has no foam container ban; polystyrene takeout containers, cups, and packing peanuts remain legal at restaurants and retailers, with no statewide New Mexico restriction in force as of 2026.
Albuquerque has no plastic straw ordinance, and New Mexico imposes no statewide restriction, so restaurants and bars may freely provide plastic straws to customers without an upon-request rule or fee.
Restaurants in Albuquerque are inspected by the New Mexico Environment Department Food Program rather than a city health department, with public inspection reports posted online but no letter-grade placard system.
New Mexico requires every food establishment in Albuquerque to have at least one Certified Food Protection Manager and food handlers to complete a state-approved food safety course within 30 days of hire.
Albuquerque property owners must keep premises free of rodent harborage under the city Property Maintenance Code, with Environmental Health responding to complaints and issuing notices for unsanitary conditions.
Albuquerque residents may dispose of used syringes through New Mexico Department of Health harm-reduction sites and pharmacy take-back programs, while loose needles in trash or recycling violate city solid-waste rules.
Albuquerque's 2021 Climate Action Plan and Climate Resiliency Action Plan set citywide greenhouse gas reduction targets, build heat and drought resilience, and direct departments to integrate climate goals into operations and capital planning.
Albuquerque has no broad vehicle idling ordinance for private drivers, but city fleet policy under the Climate Action Plan limits idling for municipal vehicles, and state air-quality rules apply to heavy diesel commercial trucks.
Albuquerque Fire Rescue and the IDO encourage defensible space around homes adjacent to the Sandia Mountains and Bosque Rio Grande wildland-urban interface, requiring clearing of dead vegetation and combustible materials within prescribed zones around structures.
Albuquerque promotes heat island mitigation through shade tree requirements, light-colored paving on city projects, and IDO landscape standards that limit dark surfaces in parking lots, addressing Sandia foothills heat amplification documented in the Climate Resiliency Action Plan.
Albuquerque pilots cool-pavement coatings and lighter-colored asphalt on selected DMD repaving projects to lower surface temperatures, primarily in Climate Resiliency Action Plan priority neighborhoods near downtown and the International District.
Albuquerque regulates development in FEMA-designated flood hazard areas under Article 5 of Chapter 14 (§14-5-1 through §14-5-4) of the city code. The Albuquerque Metropolitan Arroyo Flood Control Authority (AMAFCA) coordinates regional flood management across the metro area's extensive arroyo system. Major flood risks come from the Rio Grande, North Diversion Channel, and numerous arroyos including the Bear, Hahn, Tijeras, and Embudo.
Albuquerque requires erosion and sediment control for all construction and ground-disturbing activities under §14-5-2-11 and DPM Chapter 22. The city's Construction Stormwater Quality Section reviews and approves erosion control plans before grading permits, building permits, or work orders are issued. Projects involving more than 1.0 acres or 500+ cubic yards of soil must have an approved erosion control plan.
Albuquerque enforces comprehensive stormwater management under City Ordinance §14-5-2-11 and the Albuquerque Metropolitan Arroyo Flood Control Authority (AMAFCA) standards. The city operates under an EPA MS4 NPDES permit administered by the New Mexico Environment Department. The Construction Stormwater Quality Section reviews all projects for compliance before grading or building permits are issued.
Albuquerque is a landlocked city in central New Mexico with no coastline and no coastal development regulations. The city sits along the Rio Grande at approximately 5,300 feet elevation, over 700 miles from the nearest coast. Waterfront regulations focus on the Rio Grande bosque corridor and arroyo systems rather than coastal zones.
Albuquerque regulates grading and drainage through DPM Chapter 22 and the Integrated Development Ordinance. All new development must manage stormwater on-site and ensure drainage does not adversely affect neighboring properties. Grading permits are required for significant earth-moving activities. The city's semi-arid terrain and summer monsoons make proper grading and drainage critical.
ABCWUA offers cash rebates per square foot for replacing high-water turf grass with xeriscape, native plants, or permeable hardscape, supporting Albuquerque's drought response and Climate Resiliency Action Plan water-conservation goals.
The Albuquerque Bernalillo County Water Utility Authority enforces a year-round outdoor watering schedule with stricter limits during declared drought stages, restricting days, hours, and methods for lawn irrigation under the Water Conservation Ordinance.
ABCWUA distributes treated reuse water for parks, golf courses, and select industrial customers, governed by Water Authority rules and the New Mexico Water Quality Act, easing pressure on Rio Grande and aquifer supplies.
ABCWUA requires customers to repair detected leaks within stated timeframes and operates a public Water Waste hotline, supporting drought management and aligning with the New Mexico Water Quality Act protections for groundwater and surface water.
The Albuquerque Bicycle Master Plan and IDO require bike infrastructure on key corridors, govern lane operation under Chapter 8 traffic code, and protect cyclists with reduced speed and dooring rules along Bosque, Rio Grande Trail, and ART connections.
Albuquerque permits shared dockless e-scooter and e-bike operators under a city pilot, requiring permits, geofenced parking, downtown speed reductions, and operator data sharing, with riders subject to Chapter 8 traffic and helmet rules.
Albuquerque's 2018 Integrated Development Ordinance consolidates citywide zoning, while legacy Rank 3 sector plans and Centers and Corridors policies still guide Downtown, Nob Hill, and other identified areas with overlay design and use standards.
The IDO View Protection Overlay and Sandia foothills provisions limit grading, height, and reflective surfaces on slopes east of Tramway, protecting Petroglyph and Sandia viewsheds and reducing erosion risk above the Bosque Rio Grande.
The IDO encourages Centers and Corridors infill near Albuquerque Rapid Transit and core ABQ Ride routes by allowing higher density, reduced parking minimums, and mixed-use forms within mapped Premium Transit areas along Central Avenue.
Albuquerque's Integrated Development Ordinance (IDO) at Section 14-16-5-6 provides density and height bonuses for projects that include workforce housing or affordable housing units. Combined with the Workforce and Affordable Housing program in Code Chapter 14, Article 9, qualifying projects in mixed-use and multi-family zones may earn an additional story (about 12 feet) of height and reduced parking minimums.
Selling tobacco, vaping, or alternative nicotine products in Albuquerque requires a New Mexico tobacco retailer license and city business registration, with state law setting the minimum sales age at 21 statewide.
Albuquerque licenses adult entertainment venues separately from general business registration, restricting locations near schools, parks, churches, and residential zones, and imposing operational limits on hours, signage, and on-premises conduct.
Massage businesses in Albuquerque must register with the city, employ only therapists licensed by the New Mexico Massage Therapy Board, and operate within commercial zones that meet IDO setback and parking requirements.
Secondhand dealers and pawnbrokers in Albuquerque must register with the city, photograph and report transactions to the Albuquerque Police Department, and hold purchased items for a mandatory waiting period.
Tow operators in Albuquerque need a New Mexico Public Regulation Commission permit, a city business registration, and must follow APD rotation list rules, posted rate schedules, and consumer-protection requirements for nonconsensual tows.
Albuquerque's Climate Resiliency Action Plan and Parks and Recreation Heritage tree program target canopy growth in low-tree neighborhoods, prioritizing equity in tree planting near ART, schools, and East Central where heat exposure is highest.
Albuquerque regulates tree removal on public property and within rights-of-way through the Parks and Recreation Department. The city's Urban Forest Management program oversees street trees and park trees. Private property tree removal is generally not restricted unless trees are in designated overlay zones or subject to landscape requirements under the IDO.
Albuquerque recognizes significant trees through its Urban Forest Management program, though it does not have a formal heritage tree ordinance with specific legal protections. Notable trees in parks and public spaces receive protection through the Parks and Recreation Department. The Rio Grande bosque cottonwood forest is the primary protected urban forest in the city.
Albuquerque requires tree replacement when trees are removed as part of development projects subject to IDO landscape requirements. The Urban Forestry Division also manages replacement planting for public street trees that are removed due to disease, damage, or infrastructure projects. Desert-adapted and drought-tolerant species are strongly preferred for replacement plantings.
Albuquerque prohibits aggressive panhandling tactics like blocking, threatening, or following people, and restricts roadway solicitation that interferes with traffic, while preserving constitutionally protected peaceful asking for donations.
New Mexico's Dee Johnson Clean Indoor Air Act bans smoking in workplaces, restaurants, and bars, and Albuquerque extends restrictions to city parks, sports fields, transit stops, and the Sunport, including vaping in many areas.
New Mexico legalized adult-use cannabis in 2021, but the Cannabis Regulation Act and Albuquerque enforcement still prohibit consumption in public places, vehicles, and most outdoor areas, with limited licensed consumption lounges allowed.
New Mexico's Liquor Control Act and Albuquerque ordinances prohibit public drinking and open containers on streets, sidewalks, parks, and in vehicles, with narrow exceptions for licensed events and designated entertainment districts.
Hotels, motels, and short-term rentals in Albuquerque collect a 5% Lodgers Tax, a 1% Hospitality Fee, and state Gross Receipts Tax, producing a combined lodging tax burden of roughly 14% on each night's rent.
Albuquerque applies its local minimum wage and city contractor living wage rules to hotels and hospitality vendors that hold city contracts or subsidies, with the citywide minimum set at $12.97 in 2026 and indexed annually.
Albuquerque sets a local minimum wage of $12.97 in 2026 under Ord. 4-2024, indexed annually to the CPI, on top of New Mexico's statewide $12 floor (NM §50-4-22), with separate base rates for tipped workers.
Workers in Albuquerque accrue paid sick leave under New Mexico's Healthy Workplaces Act (NM §50-17-1, effective 2022), earning at least one hour of leave per 30 hours worked, capped at 64 hours annually, with no separate ABQ ordinance.
New Mexico has no statewide predictive scheduling law and does not preempt local scheduling ordinances, leaving authority to municipalities to enact fair workweek protections.
Albuquerque's Resolution R-18-44 reaffirms its immigrant-friendly stance, limits Albuquerque Police Department cooperation with civil ICE detainers, and bars officers from inquiring into immigration status during routine encounters.
New Mexico does not mandate use of the federal E-Verify employment eligibility system for private employers and imposes no statewide statutory verification requirements beyond federal Form I-9.
Albuquerque regulates vacant lots through the Code Enforcement Division and Chapter 8 (Weeds, Litter and Snow) of the city code. Vacant lot owners must maintain their properties free of weeds, litter, and debris. The city actively monitors vacant properties that attract illegal dumping and blight.
Albuquerque regulates trash container placement and storage through the Solid Waste Management Ordinance (Chapter 9, Article 7) and code enforcement standards. Trash bins must be stored out of public view when not set out for collection. The city's Solid Waste Management Department provides standardized carts for curbside collection.
Albuquerque addresses property blight through its Code Enforcement Division under Chapter 11 (Health and Sanitation) and the IDO. Properties must be maintained free of junk, debris, abandoned vehicles, and conditions that create a public nuisance. The city uses a complaint-driven enforcement model supplemented by proactive neighborhood inspections.
Albuquerque's Article 8 (Weeds, Litter and Snow) addresses snow removal but enforcement is minimal due to the city's semi-arid climate with infrequent snowfall. Property owners are expected to clear sidewalks adjacent to their property within a reasonable time after snowfall, but the city does not aggressively enforce sidewalk clearing given that snow typically melts quickly at Albuquerque's elevation and latitude.
Albuquerque limits garage and yard sales through the Integrated Development Ordinance. Residential properties with low-density development may hold garage sales only twice per calendar year, and multi-family properties up to four times per year. Each sale may not exceed three days in length and may only sell typical household goods.
Albuquerque has no specific smoker ordinance, but New Mexico Air Quality Bureau under 20.11.21 NMAC restricts visible emissions and open burning. Albuquerque Bernalillo County Air Quality Division enforces locally. Fire season Stage 1/2 restrictions can ban smoker use. Albuquerque's hot dry summer climate spreads smoke quickly through low-density bungalow neighborhoods.
Albuquerque Fire Code (Chapter 16, Article 1) adopts the 2018 IFC with local amendments. IFC 308.1.4 prohibits open-flame cooking devices and LP-gas tanks over 1 lb on combustible balconies of multi-family buildings (three or more units). Charcoal grills must be 10 feet from combustible buildings. New Mexico's wildfire risk and dry climate add fire season restrictions during Stage 1/2 fire restrictions.
Albuquerque requires building permits for outdoor kitchens with gas lines, electrical wiring, plumbing, or structural roofs. Trade permits route through the Online Permit Portal. Standalone freestanding grills require no permit. Historic Preservation Division review applies in Old Town and other designated districts. Desert climate and water restrictions affect outdoor kitchen design.
Albuquerque has no municipal ordinance regulating residential holiday lights. Display timing, brightness, and animation are governed by HOA/condo covenants and Historic Preservation Division guidelines. The famous Old Town Albuquerque luminarias tradition - thousands of paper-bag candles on Christmas Eve - operates under coordination with Albuquerque Fire Rescue but no specific ordinance.
Albuquerque has no city ordinance regulating residential inflatable holiday displays. IDO Section 14-16-5-9 noise standards could theoretically apply to overnight blower motors. HOA/condo covenants commonly restrict size and placement. Albuquerque's high winds (especially West Mesa, foothills) routinely damage inflatables. New Mexico has no state preemption.
Albuquerque has no city ordinance restricting lawn ornaments on residential property. IDO landscaping requirements focus on water conservation (xeriscape) and do not address ornamental content. Historic Preservation Division review applies in Old Town and other designated districts. HOA/condo covenants commonly regulate ornaments. New Mexico's adobe/pueblo aesthetic shapes covenant content.
Albuquerque regulates mobile vending locations through the Integrated Development Ordinance and the city's mobile vending permit system. Food trucks and mobile vendors are permitted in commercial and mixed-use zones subject to specific location requirements and cannot impede traffic or pedestrian access.
Albuquerque requires food trucks to obtain permits from the Environmental Health Department for food safety and from the Planning Department for vending locations. Mobile food vendors must comply with the New Mexico Environment Department food safety regulations and the city's mobile vending ordinance.
Albuquerque regulates political signs through the Integrated Development Ordinance (IDO) sign standards. Political signs are generally permitted on private property without a permit. The city cannot impose content-based restrictions on political speech per First Amendment protections. Signs in the public right-of-way are prohibited regardless of content.
Albuquerque regulates garage sale signage through the IDO temporary sign provisions. Signs advertising garage or yard sales are permitted as temporary signs but must comply with size, placement, and duration restrictions. Signs may not be placed in the public right-of-way or attached to utility poles, traffic signs, or city property.
Albuquerque allows seasonal and holiday displays on residential property without permits under the IDO temporary sign and display provisions. Holiday decorations including luminarias (farolitos), which are a cherished local tradition, are widely encouraged throughout the city. Displays must not create traffic hazards or violate fire safety codes.
Albuquerque establishes building height limits through the IDO based on zone district. Heights range from 26 feet in low-density residential zones to over 100 feet in urban core and mixed-use center zones. Height restrictions protect solar access, neighborhood character, and view corridors in the Sandia Mountains and Rio Grande Valley.
Albuquerque establishes building setback requirements through the Integrated Development Ordinance (IDO) based on zone district. Setbacks vary significantly depending on the zoning classification, from zero-lot-line in urban mixed-use zones to substantial setbacks in rural and low-density residential areas. The IDO replaced the prior zoning code in 2018 and provides the current setback standards.
Albuquerque regulates lot coverage through the IDO to ensure adequate open space, stormwater infiltration, and neighborhood character. Maximum lot coverage varies by zone district, with lower-density residential zones having stricter limits than commercial and urban zones. Lot coverage includes all roofed structures on a property.
New Mexico's Solar Rights Act (§47-3-1 et seq.) provides strong protections for solar energy system installations. The law restricts HOAs and local governments from imposing unreasonable limitations on solar panels. Albuquerque residents benefit from both state protections and the city's pro-solar policies in one of the sunniest metropolitan areas in the country.
Albuquerque requires building permits for solar panel installations under the city's building code and the Integrated Development Ordinance. New Mexico's Solar Rights Act protects the right to install solar energy systems and limits local restrictions. The city offers expedited permitting for residential rooftop solar installations as part of its commitment to renewable energy.
New Mexico enacted the Night Sky Protection Act (NMSA §74-12-1 et seq.) in 1999, one of the first state-level dark sky laws in the nation. Albuquerque enforces outdoor lighting standards through the IDO that align with and supplement the state act. All outdoor lighting fixtures must be shielded and directed downward to minimize light pollution and protect New Mexico's renowned night skies.
Albuquerque addresses light trespass through the IDO outdoor lighting standards and the state Night Sky Protection Act. Outdoor lighting must be designed and aimed to prevent light from spilling onto neighboring properties. Full-cutoff fixtures are required to minimize both upward light waste and horizontal light trespass.
Albuquerque provides curbside trash, recycling, and green waste collection through the Solid Waste Management Department. Residential collection is on a weekly schedule with assigned collection days by neighborhood. The city uses an automated cart system requiring residents to use city-issued containers.
Albuquerque provides curbside single-stream recycling through the Solid Waste Management Department. Recycling is collected every other week in yellow-lidded carts. The city accepts paper, cardboard, plastic bottles and containers, metal cans, and glass in a single-stream system. Contamination of recycling carts is a significant concern.
Albuquerque's Solid Waste Management Department requires specific cart placement for automated collection. Carts must be at the curb by 7:00 AM on collection day, placed with handles facing the house, and positioned at least 3 feet from any obstacles. Carts must be retrieved by the end of the collection day.
Albuquerque offers bulky item collection by appointment through the Solid Waste Management Department. Residents can schedule free pickup of large items that do not fit in standard carts. The city also operates convenience centers for self-drop-off of large items, yard waste, and recyclables.
Commercial drone operations in Albuquerque require FAA Part 107 Remote Pilot certification. The city does not impose additional local licensing for commercial drones but operators must comply with airspace restrictions around the Albuquerque International Sunport and Kirtland Air Force Base. Albuquerque is a growing hub for drone technology including the UAS test site at New Mexico State University.
Recreational drone use in Albuquerque is primarily governed by FAA regulations. The city does not have a comprehensive local drone ordinance but enforces general public safety and park rules that affect drone operations. Drone operators must follow FAA Part 107 recreational guidelines and register drones weighing over 0.55 pounds with the FAA.
Albuquerque enforces a juvenile curfew ordinance that restricts minors from being in public places during late-night hours. The curfew applies to persons under 18 years of age and varies by age group. The ordinance is designed to reduce juvenile crime and protect minors during nighttime hours.
Albuquerque city parks are closed to the public from dusk to dawn unless otherwise posted or permitted for special events. The Parks and Recreation Department enforces park hours to protect public safety and prevent vandalism. Some parks and open spaces have specific posted hours that differ from the general rule.
Albuquerque regulates door-to-door solicitation through its business licensing requirements and consumer protection provisions. Commercial solicitors must obtain a solicitor's permit from the City Clerk's office before going door-to-door. Religious, political, and nonprofit canvassing is generally protected under the First Amendment and exempt from permit requirements.
Albuquerque honors 'No Soliciting' and 'No Trespassing' signs posted on residential properties. Solicitors who ignore posted signs are in violation of both the solicitation ordinance and may face trespassing charges. The city enforces these protections through both the solicitor permit system and general trespassing laws.
Albuquerque does not require a specific permit for garage or yard sales at residential properties. The IDO regulates the frequency and duration of sales but homeowners do not need to apply for or obtain a permit before holding a sale. This makes the process straightforward for occasional household sales.
Albuquerque limits the frequency of garage and yard sales through the Integrated Development Ordinance to prevent residential properties from operating as ongoing retail establishments. Single-family and duplex properties are limited to two sales per calendar year, while multi-family properties may hold up to four sales per year.
Albuquerque limits garage and yard sales to three consecutive days per sale. Sales must be conducted during reasonable daytime hours and may not extend into nighttime. The IDO does not specify exact start and end times, but noise ordinances and general nuisance rules apply to prevent early morning or late evening sales that disturb neighbors.
New Mexico requires a state-issued concealed handgun license to carry a concealed firearm, with training, background checks, and age requirements administered by the Department of Public Safety.
New Mexico law preempts local firearms regulation but allows certain restrictions, particularly for concealed carry on municipal property and at public events under specific local conditions.
Open carry of firearms is generally legal in New Mexico without a permit for adults, though state law and the constitution restrict carry in specific locations and on certain public premises.
New Mexico permits adults to carry a loaded firearm in a private vehicle without a permit, treating the vehicle as an extension of the home, though concealed carry on the person still requires a license.
The New Mexico Homeowner Association Act (NMSA 47-16-1 to 47-16-18) does not create a statutory assessment lien for ordinary HOAs; collection and any lien or foreclosure power must come from the recorded declaration. Condominiums are different: NMSA 47-7C-16 gives them a statutory lien foreclosable like a mortgage.
The Homeowner Association Act requires transparency. NMSA 47-16-7 requires the board to adopt a budget annually and distribute it within 30 days. NMSA 47-16-17 sets meeting-notice rules, NMSA 47-16-5 gives members record-access rights, and most HOAs run as nonprofit corporations under New Mexico nonprofit law.
NMSA 47-16-18 governs how a New Mexico HOA enforces its 'community documents' (declaration, bylaws, articles and rules). The association must give written notice and an opportunity to dispute before fining or suspending an owner, and both sides may use mediation, arbitration or other ADR instead of going straight to court.
New Mexico sets no dollar cap on HOA fines, but NMSA 47-16-18 lets an association levy only 'reasonable fines' and only after written notice and an opportunity to dispute. Before a fine or suspension, the board must offer a hearing on 14 days' notice and approve the penalty by majority vote.
New Mexico overrides some HOA restrictions. NMSA 3-18-32 makes any covenant that 'effectively prohibits' a solar collector void and unenforceable, and the Solar Rights Act (NMSA 47-3-1 et seq.) declares solar use a property right. NMSA 47-16-16 protects flag display. New Mexico has no statute protecting political yard signs.
New Mexico permits local agricultural zoning while limiting how local ordinances may restrict established farm operations protected under the state Right to Farm Act.
New Mexico's Right to Farm Act protects established agricultural operations from nuisance lawsuits when surrounding land uses change, provided operations follow generally accepted practices.