What Albuquerque Regulates: A Complete Ordinance Overview

As one of the larger cities in New Mexico, Albuquerque has a substantial set of local ordinances that govern everything from noise levels to what you can build in your backyard. With about 565000 residents, the city maintains 195 distinct rules across 41 categories. This guide gives you the big picture.

Accessory Structures

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..

Also covered: Carport Rules (moderate), Tiny Homes (permissive), ADU Owner Occupancy (permissive). See the full accessory structures guide for Albuquerque for details.

Animal Ordinances

Wildlife Feeding: Albuquerque prohibits intentional feeding of coyotes, bears, javelinas, and other nuisance wildlife under ROA 1994 Chapter 9 with enhanced penalties in foothills neighborhoods..

Also covered: Pet Limits (strict), Animal Hoarding (moderate), Cat Rules (moderate). See the full animal ordinances guide for Albuquerque for details.

Building Safety

Childcare Center Rules: 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..

Also covered: Fire Sprinkler Requirements (moderate), Elevator Maintenance (moderate), Lead Paint (moderate). See the full building safety guide for Albuquerque for details.

Building Setbacks & Zoning

Structure Height Limits: 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.

Also covered: Setback Rules (moderate), Lot Coverage Limits (moderate). See the full building setbacks & zoning guide for Albuquerque for details.

Business Licensing & Operations

Adult Entertainment: 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..

Also covered: Tobacco Retail License (moderate), Massage Establishments (moderate), Secondhand Dealers (moderate). See the full business licensing & operations guide for Albuquerque for details.

Cannabis Regulations

Buffer Zones: 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..

Also covered: Personal Cultivation Limits (permissive), Cannabis Delivery Rules (moderate), Social Equity Licensing (permissive). See the full cannabis regulations guide for Albuquerque for details.

Curfew Laws

Juvenile Curfew: 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.

Also covered: Park Curfew (moderate). See the full curfew laws guide for Albuquerque for details.

Drone Rules

Commercial Drones: 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.

Also covered: Recreational Drones (moderate). See the full drone rules guide for Albuquerque for details.

Employment Preemption

Minimum Wage Preemption: 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..

Also covered: Paid Leave Preemption (moderate). See the full employment preemption guide for Albuquerque for details.

Environmental Rules

Flood Zones: 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.

Also covered: Climate Emergency Mobilization (moderate), Vehicle Idling Restrictions (permissive), Defensible Space (moderate). See the full environmental rules guide for Albuquerque for details.

Fence Regulations

Pool Barriers: 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..

Also covered: Height Limits (moderate), Material Restrictions (moderate), Retaining Walls (moderate). See the full fence regulations guide for Albuquerque for details.

Fire Regulations

Smoke Detectors: 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..

Also covered: Wildfire Zones (strict), Outdoor Burning (strict), Backyard Fires (moderate). See the full fire regulations guide for Albuquerque for details.

Food Trucks & Mobile Vendors

Vending Zones: 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..

Also covered: Food Truck Permits (moderate). See the full food trucks & mobile vendors guide for Albuquerque for details.

Garage & Yard Sales

Garage Sale Permits: 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.

Also covered: Frequency Limits (moderate), Time Restrictions (moderate). See the full garage & yard sales guide for Albuquerque for details.

Holiday Decorations

Holiday Light Rules: 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.

Also covered: Inflatable Display Rules (permissive), Lawn Ornament Rules (moderate). See the full holiday decorations guide for Albuquerque for details.

Home Business

Home Daycare: 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..

Also covered: Cottage Food Operations (moderate), Home Occupation Permits (moderate), Customer Traffic Restrictions (moderate). See the full home business guide for Albuquerque for details.

Homelessness & Encampment Rules

Encampment Sanitation: 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..

Also covered: Sit-Lie Rules (moderate), Bridge Housing Siting (moderate). See the full homelessness & encampment rules guide for Albuquerque for details.

Hotels & Lodging

Transient Occupancy Tax: 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..

Also covered: Hotel Living Wage (moderate). See the full hotels & lodging guide for Albuquerque for details.

Immigration Policy

Sanctuary Policy Preemption: 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..

Landscaping Rules

Weed Ordinances: 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.

Also covered: Rainwater Harvesting (permissive), Artificial Turf (permissive), Native Plants (permissive). See the full landscaping rules guide for Albuquerque for details.

Mobility & Curb Rules

Bike Lane Rules: 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..

Also covered: Shared E-Scooter Rules (moderate). See the full mobility & curb rules guide for Albuquerque for details.

Noise Ordinances

Industrial Noise: 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..

Also covered: Leaf Blower Rules (moderate), Decibel Limits (moderate), Aircraft Noise (permissive). See the full noise ordinances guide for Albuquerque for details.

Outdoor Cooking

BBQ & Propane Rules: 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).

Also covered: Smoker Rules (moderate), Outdoor Kitchen Permits (moderate). See the full outdoor cooking guide for Albuquerque for details.

Outdoor Lighting

Dark Sky Rules: 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.

Also covered: Light Trespass (moderate). See the full outdoor lighting guide for Albuquerque for details.

Parking Rules

Street Parking Limits: 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.

Also covered: Overnight Parking (moderate), EV Charging (permissive), Abandoned Vehicles (moderate). See the full parking rules guide for Albuquerque for details.

Property Maintenance

Vacant Lot Maintenance: 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.

Also covered: Trash Bin Storage (moderate), Property Blight (moderate), Snow & Sidewalk Clearing (permissive). See the full property maintenance guide for Albuquerque for details.

Public Conduct

Aggressive Panhandling: 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..

Also covered: Outdoor Smoking Restrictions (moderate), Public Marijuana Use (moderate), Public Alcohol Use (moderate). See the full public conduct guide for Albuquerque for details.

Public Health Rules

Restaurant Grade Cards: 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..

Also covered: Food Handler Certification (moderate), Rodent Control (moderate), Syringe Disposal (moderate). See the full public health rules guide for Albuquerque for details.

Rental Property Rules

Rent Control: 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.

Also covered: Security Deposit Rules (moderate), Tenant Anti-Harassment (moderate), No-Fault Evictions (permissive). See the full rental property rules guide for Albuquerque for details.

Short-Term Rentals

Registration Rules: 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..

Also covered: Occupancy Limits (moderate), Insurance Requirements (moderate), Night Caps (moderate). See the full short-term rentals guide for Albuquerque for details.

Sign Regulations

Political Signs: Albuquerque regulates political signs through the Integrated Development Ordinance (IDO) sign standards. Political signs are generally permitted on private property without a permit.

Also covered: Garage Sale Signs (moderate), Holiday Displays (permissive). See the full sign regulations guide for Albuquerque for details.

Single-Use Items

Plastic Bag Rules: 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..

Also covered: Polystyrene Foam Rules (permissive), Plastic Straw Rules (permissive). See the full single-use items guide for Albuquerque for details.

Solar Energy

HOA Restrictions: 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.

Also covered: Panel Permits (moderate). See the full solar energy guide for Albuquerque for details.

Soliciting & Door-to-Door

Solicitor Permits: 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.

Also covered: No-Knock Registry (moderate). See the full soliciting & door-to-door guide for Albuquerque for details.

Swimming Pools & Spas

Fencing Requirements: 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..

Also covered: Pool Permits (moderate), Hot Tub Rules (moderate), Safety Rules (strict). See the full swimming pools & spas guide for Albuquerque for details.

Local Taxes & Fees

Business Tax Classification: Businesses operating in Albuquerque pay a combined Gross Receipts Tax of roughly 7.625%, register with the city annually, and follow state classifications by industry rather than a separate municipal income tax..

Tobacco & Vaping

Tobacco Age Restrictions: 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..

Also covered: Vape Retail Rules (moderate), Flavored Tobacco Bans (permissive). See the full tobacco & vaping guide for Albuquerque for details.

Trash & Recycling

Pickup Rules & Schedules: 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.

Also covered: Recycling Requirements (moderate), Bin Placement Rules (moderate), Bulk Item Disposal (moderate). See the full trash & recycling guide for Albuquerque for details.

Tree Protection

Tree Removal Permits: 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.

Also covered: Urban Forest Equity (moderate), Heritage & Protected Trees (moderate), Tree Replacement Requirements (moderate). See the full tree protection guide for Albuquerque for details.

Water Use Rules

Lawn Watering Restrictions: 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..

Also covered: Turf Replacement Rebates (permissive), Recycled Water Rules (moderate), Leak Reporting Duty (moderate). See the full water use rules guide for Albuquerque for details.

Zoning Overlays & Bonuses

Hillside Overlay Rules: 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..

Also covered: Specific Plans Overview (moderate), Transit-Oriented Communities (TOC) (permissive), Density Bonus Law (permissive). See the full zoning overlays & bonuses guide for Albuquerque for details.

What to Do With This Information

This overview covers the big picture, but the details matter. Each ordinance page for Albuquerque includes the full text, violation penalties, and frequently asked questions. Use those pages when you need specifics.