Albuquerque's Accessory Structures: The Rules That Matter

Every city handles accessory structures a little differently. In Albuquerque, New Mexico, there are 9 distinct rules that residents and property owners should be aware of. Some are stricter than what neighboring cities enforce, and others are more relaxed. Here is what you need to know.

Carport 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.

Key details: Code Section: IDO 14-16-5-11(C)(3)(b); 14-16-5-11(C)(4). Rear-loaded garage/carport setback: 3 ft from alley/street property line. Default lot-line setback: None unless otherwise specified. Max yard coverage: 25% of side + rear yards combined. Front setback: Not allowed in required front setback.

A carport or detached garage that violates the 3-foot alley/street setback, the 25-percent yard-coverage limit, the front-setback prohibition, or the connecting-roof rule can be cited under IDO Part 14-16-8 and the building code (ROA 1994 Art. 14-1), requiring relocation, removal, or after-the-fact permitting.

Tiny Homes

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.

Key details: Code Section: IDO 14-16-4-3(F)(6) (regulated as ADU/casita). Max size: 750 sq ft gross floor area. Pre-approved plan sizes: 450, 550, 650, 750 sq ft (flat or pitched roof). Setback: 5 ft side or rear minimum. Number per lot: 1 in R-A, R-1, R-T, R-ML.

Installing a permanent tiny home without meeting the ADU standards or obtaining a building permit can result in code-enforcement action, after-the-fact permitting, and required correction or removal under IDO Part 14-16-8 and Article 14-1 of ROA 1994. Using a tiny house on wheels as a permanent residence where not permitted is a separate zoning violation.

The rules around tiny homes in Albuquerque lean permissive, but that does not mean anything goes.

ADU Owner Occupancy

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.

Key details: City Rule: No owner-occupancy required. State Preemption: NM HB 252 (Casita Rule). HOA Law: NMSA 47-16. Condo Law: NMSA 47-7A to 47-7D.

No city enforcement of owner-occupancy. HOA/condo association violations result in declaration-based fines, typically $50-$500 per violation, with lien rights for unpaid assessments under NMSA 47-16. Civil litigation in Bernalillo County District Court is available for declaration enforcement. State preemption under HB 252 applies to local government rules but does not invalidate properly recorded private covenants.

If you are coming from a city with tighter rules, you will find Albuquerque gives residents more flexibility on adu owner occupancy.

ADU Impact Fees

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.

Key details: Impact Fee Authority: Code Ch. 14, Art. 19. State Law: NMSA 5-8 (Dev. Fees Act). Casita Treatment: Reduced/exempt under HB 252. Utility Connection: Only if new service.

Failure to pay required impact fees blocks permit issuance and inspection scheduling. Unpermitted construction triggers IDO Section 14-16-6-1 fines up to $500 per day. New Mexico Development Fees Act allows challenge to improperly assessed fees through administrative appeals. Liens may be filed for unpaid permit fees.

Albuquerque is more permissive than most cities when it comes to adu impact fees. That said, there are still limits.

ADU Permits

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.

Key details: Code Authority: IDO §14-16-4-3(D)(4). Local Term: Casita. By-Right Zones: All R-zones. Max Size Detached: 750 sq ft. Max Height: 18 feet.

Unpermitted casita construction violates IDO Section 14-16-6-1 with civil penalties up to $500 per day per violation. Building Safety may issue stop-work orders and demolition orders for unsafe structures. The City Attorney may seek injunctive relief. Liens may be placed on the property for unpaid fines and corrective work.

If you are coming from a city with tighter rules, you will find Albuquerque gives residents more flexibility on adu permits.

ADU Rental Restrictions

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.

Key details: STR Permit: Required (Ch. 13 Art. 9). Lodgers' Tax: 5% city + 5.125% NM. Long-Term Rentals: No city registration. Rent Control: Preempted (NMSA 47-8A-3). Landlord-Tenant: NMSA 47-8 (Uniform Act).

Operating STRs without a permit violates Chapter 13, Article 9 with fines up to $500 per day and permit denial. Unremitted Lodgers' Tax accrues with city and state collection actions, including possible liens. New Mexico Uniform Owner-Resident Relations Act violations are state matters with civil remedies. HOA STR violations follow declaration-based fines and possible injunction.

Garage Conversions

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.

Key details: Code Section: ROA 1994 Art. 14-1 (2015 IRC); IDO 14-16-4-3(F)(6). Permit required: Yes - building permit with full plans. Bedroom egress window: >= 5.7 sq ft net clear openable area. Egress opening height/width: >= 24 in tall / >= 20 in wide. Egress sill height: <= 44 in above floor.

Converting a garage to living space without a permit, or creating a sleeping room without a compliant egress window, can result in code-enforcement action, stop-work orders, after-the-fact permit fees, and a requirement to bring the space up to the adopted Residential Code before it can be legalized, under Article 14-1 of ROA 1994.

ADU Rules

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.

Key details: Code Section: IDO 14-16-4-3(F)(6); 14-16-5-11(C)(4). Allowed zones: R-A, R-1, R-T, R-ML. Number per lot: 1 ADU. Max size: 750 sq ft gross floor area (650 sq ft in CPO-3). Side/rear setback: 5 ft minimum.

Building an ADU without the required City building permit and zoning compliance can result in code-enforcement action, stop-work orders, and after-the-fact permitting under the Uniform Administrative Code (Article 14-1 of ROA 1994). Violations of the IDO are enforced under Part 14-16-8 and may carry civil penalties and required correction or removal.

The rules around adu rules in Albuquerque lean permissive, but that does not mean anything goes.

Shed Rules

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.

Key details: Code Section: ROA 1994 Art. 14-1 (UAC); IDO 14-16-5-11(C)(4). Permit exemption: <= 120 sq ft, one-story, tool/storage shed. Interior-lot setback: No required side/rear setback. Fire-resistive walls: Required if wall < 5 ft to property line. Max yard coverage: 25% of side + rear yards combined.

Erecting a storage building over 120 square feet without a permit, or one that violates the 25-percent yard-coverage limit, fire-resistive wall requirement, or front-setback prohibition, can trigger code-enforcement action, stop-work orders, after-the-fact permit fees, and required correction or removal under Article 14-1 of ROA 1994 and IDO Part 14-16-8.

The Bottom Line

Compared to many U.S. cities, Albuquerque gives residents more room on accessory structures. 5 of the 9 rules here are rated permissive. But permissive does not mean unregulated. There are still requirements, and the city does enforce them when violations are reported.

All of the above reflects Albuquerque's municipal code as of our last review. If you need specifics on fines, exemptions, or filing requirements, the detailed ordinance pages linked above have the full breakdown.