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 154 distinct rules across 41 categories. This guide gives you the big picture.

Mobility & Curb Rules

Shared E-Scooter Rules: Albuquerque requires every shared e-scooter and bike-share operator to get City approval, pay permit and per-vehicle fees, cap fleets at 1,000 units, and geofence areas the City marks off-limits to riding or parking..

Also covered: Red-Light Cameras (moderate), E-Bike Classes (limited), Bike Lane Rules (moderate). See the full mobility & curb rules guide for Albuquerque for details.

Accessory Structures

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..

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

Animal Ordinances

Pet Store Rules: Albuquerque bans retail pet stores from selling dogs or cats outright. A store may sell only other living creatures, fish, birds, rodents, insects, arachnids, reptiles and other Permissible Exotic Animals, and only after obtaining a Pet Store Permit (PSP) from the city's Animal Welfare Department..

Also covered: Pet Limits (strict), Exotic Pets (strict), Wildlife Feeding (restrictive). See the full animal ordinances guide for Albuquerque for details.

Fence Regulations

Retaining Walls: 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..

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

Fire Regulations

Outdoor Burning: 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..

Also covered: Fire Pits & Backyard Fires (moderate), Wildfire Zones (restrictive), Smoke Detectors (moderate). See the full fire regulations guide for Albuquerque for details.

Home Business

Signage Rules: 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..

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

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

Noise Ordinances

Leaf Blower Rules: Albuquerque bans running a leaf blower, or other outdoor power equipment, within 500 feet of a home, school or hospital at night or from 7 to 9 a.m. on Sundays and holidays.

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

Parking Rules

Curb Color Rules: Albuquerque marks fire lanes with a sign or a painted red curb, and § 8-5-1-16 bans stopping, standing, or parking in that lane on both public streets and private property open to the public. A separate red-or-yellow curb rule at § 8-5-1-1(A) bans stopping next to any painted red or yellow curb citywide..

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

Short-Term Rentals

Repeat Violator Strikes: Three or more violations of city ordinances or state statutes at an Albuquerque short-term rental within a 12-month period triggers automatic revocation of the STR permit for two full years. Albuquerque Code of Ordinances § 13-19-8(B)(4) sets the strike rule, on top of daily fines the city can already assess for a single uncured violation..

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

Swimming Pools & Spas

Fencing & Safety 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). See the full swimming pools & spas guide for Albuquerque for details.

Environmental Rules

Erosion Control: 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.

Also covered: Vehicle Idling Restrictions (limited), Flood Elevation Requirements (moderate), Flood Zones (moderate). See the full environmental rules guide for Albuquerque for details.

Trash & Recycling

Illegal Dumping: Albuquerque bans discarding refuse anywhere outdoors except at the approved time and place for that person's own collection service, with each day of violation a separate misdemeanor offense..

Also covered: Dumpster Rules (moderate), Recycling Rules (moderate), Collection Schedule (restrictive). See the full trash & recycling guide for Albuquerque for details.

Building Safety

Plumbing Permits: Plumbing work in Albuquerque must follow the 2021 New Mexico Plumbing Code, adopted by the city with an effective date of September 1, 2022. Albuquerque Code of Ordinances § 14-1-3(H) folds that state code, and its appendix chapters, into the city's Uniform Construction Codes, enforced through the Building Safety Division..

Also covered: Electrical Permits (moderate), Childcare Center Rules (moderate), Building Permits (moderate). See the full building safety guide for Albuquerque for details.

Immigration Policy

Sanctuary Policy Preemption: City-owned lots, garages, and parks cannot be used as staging areas, processing sites, or operations bases for federal immigration enforcement under Ordinance 2026-009, part of Albuquerque's Immigrant Friendly City Policy..

Special Events & Permits

Block Party Permits: Closing a street for a block party or neighborhood gathering in Albuquerque requires a special event permit under the city's Free Expression and Special Event Permitting ordinance, filed at least 11 business days ahead with fees, insurance, and coordination of city services..

Also covered: Parade Permits (moderate), Sidewalk Dining & Cafés (moderate), Park Event Permits (moderate). See the full special events & permits guide for Albuquerque for details.

Sidewalk & Pedestrian Rules

Sidewalk Repair: Albuquerque puts sidewalk, drive pad and curb ramp upkeep on the abutting property owner, not the city. Section 6-5-5-18 requires owners, occupants or agents in charge to keep these surfaces clean of rocks, ice and snow and in good repair, free of cracks, floats, obstructions and depressions..

Also covered: Obstruction Rules (moderate). See the full sidewalk & pedestrian rules guide for Albuquerque for details.

Sign Regulations

Freeway-Facing Signs: Within Albuquerque city limits, off-premises signs (billboards) cannot be erected within 660 feet of Interstate 25 or Interstate 40. The Integrated Development Ordinance also bars off-premises signs outright from every Residential zone district and from the MX-T, MX-FB, and NR-PO districts, leaving only a handful of non-residential zones where they are conditionally allowed..

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

Outdoor Lighting

Dark Sky Rules: Albuquerque's Integrated Development Ordinance bans mercury-vapor lights and inefficient bulbs outright, caps every outdoor fixture's glare rating, and requires full shielding on nearly all luminaires. IDO § 14-16-5-8 also limits color temperature to 3000K to protect the night sky, cutting sky glow across the city..

Also covered: Billboard Lighting (moderate), Light Trespass & Shielding (moderate). See the full outdoor lighting guide for Albuquerque for details.

Hotels & Lodging

Transient Occupancy Tax: Albuquerque imposes a 5% occupancy tax on gross taxable rent for hotel, motel, B&B and short-term rental stays, collected by the vendor from the guest..

Zoning Overlays & Bonuses

Downtown Design Guide: Albuquerque's Downtown Neighborhood Area overlay, CPO-3, imposes its own setback, height and frontage rules on the R-T, R-ML, MX-T, MX-L and MX-M districts around Central Avenue. On MX-L and MX-M lots abutting Central Avenue, front setbacks cap at 10 feet (15 feet with a patio or dining space) and at least half of the street frontage must be building..

Also covered: Density Bonus Law (moderate). See the full zoning overlays & bonuses guide for Albuquerque for details.

Building Setbacks & Zoning

Lot Coverage Limits: In Albuquerque's Los Duranes Character Protection Overlay Zone (CPO-6), a building on an R-A-zoned lot cannot cover more than 50 percent of the lot. The same overlay layers on staggered front setbacks matched to neighboring homes, a 26-foot height cap, and other design rules unique to this Rio Grande Boulevard-area neighborhood..

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

Historic Preservation

Historic-Cultural Monuments: Albuquerque's Historic Protection Overlay chapter lets the City Council designate individual structures as City landmarks to protect the city's cultural, architectural, and historical assets. Once designated, a landmark's exterior and interior cannot be altered, and the building cannot be demolished, without an approved Certificate of Appropriateness..

Noise from Specific Sources

Generator Noise: Albuquerque's Integrated Development Ordinance sets no citywide generator curfew; instead it regulates two specific commercial land uses. A Community Garden may only run power equipment or generators between 7 a.m.

Also covered: Bar & Nightclub Noise (moderate), HVAC & Mechanical Noise (moderate), Delivery Truck Noise (moderate). See the full noise from specific sources guide for Albuquerque for details.

Business Licensing & Operations

Pawnbrokers: Anyone operating as a pawnbroker, precious material dealer, secondhand retailer, or automated kiosk in Albuquerque must hold a city permit under Revised Ordinances of Albuquerque § 13-6-4 before advertising, transacting, or soliciting business. The permit costs $250 a year, expires every July 1, and pawnbrokers must also post a $5,000 bond.

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

Cannabis Regulations

Dispensary Zoning: Albuquerque's Integrated Development Ordinance allows cannabis retail as a zoning use wherever Table 4-2-1 permits it, conditioned on compliance with the state's licensing law. Dispensaries already licensed under the state's medical cannabis program before April 1, 2022 keep operating without triggering the newer distance rules the IDO applies to later entrants..

Also covered: Buffer Zones (moderate), Home Cultivation (permissive). See the full cannabis regulations guide for Albuquerque for details.

Right to Farm

Agricultural Zoning Protection: Albuquerque's Integrated Development Ordinance carves out its R-A (Rural and Agricultural) zone district for lower-density housing plus limited agricultural uses on lots of a quarter acre or larger. Citywide, the General Agriculture use lets a property keep livestock and birds once the lot reaches at least 1 acre, with density and setback limits under IDO § 14-16-4-3(D)(4)..

Food Trucks & Mobile Vendors

Sidewalk & Mobile Vending: Mobile food carts and trucks may park in any on-street space open to parking, but must stay 75 feet from restaurant doors, 10 feet from driveways, and can't block sidewalks under Albuquerque's traffic code..

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

Homelessness & Encampment Rules

Encampment Sanitation: Albuquerque bans camping or maintaining an encampment on any public property and lets the city order encampments removed and personal property cleared after notice..

Public Health Rules

Syringe Disposal: Albuquerque requires anyone operating a syringe exchange facility to hold a City permit, designate a community response representative, and notify neighbors within 500 feet before dispensing sterile needles under the state Harm Reduction Act..

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

Public Conduct

Public Alcohol Use: Drinking alcohol in city parks, on streets and sidewalks, in city-owned parking lots, or within 100 feet of a bar is illegal citywide unless a park specifically allows it by resolution..

Also covered: Outdoor Smoking Restrictions (restrictive), Loud Party Ordinance (moderate), Public Urination (moderate). See the full public conduct guide for Albuquerque for details.

Filming & Production

Location Permits: Albuquerque exempts activities covered by an Administration-issued film permit from the city's special event permit requirement under the Albuquerque Free Expression and Parade Ordinance. Instead, city departments must give recognized neighborhood associations electronic notice before filming occurs on city streets within a 300-foot radius, keeping location shoots outside the special event permitting track entirely..

Also covered: Street Closures (limited). See the full filming & production guide for Albuquerque for details.

Water Use Rules

Turf Replacement Rebates: Albuquerque caps high water use turf at 20% of the landscape on non-city property, and on single-family lots that cap tops out at 3,000 square feet regardless of lot size. Homeowners' associations cannot enforce covenants that block removing turf grass for xeriscape, and violating the planting rules is a misdemeanor carrying up to a $500 fine..

Property Maintenance

Property Blight: Albuquerque declares any substandard building a public nuisance the moment the Planning Department's Building and Safety Division finds it structurally unsafe, a fire hazard, or otherwise dangerous. Albuquerque Code of Ordinances § 14-3-5-12 forces repair, rehabilitation, demolition, removal, or securing of the structure, backed by escalating fines and a formal appeal process..

Also covered: Vacant Lot Maintenance (moderate). See the full property maintenance guide for Albuquerque for details.

Invasive Plant Rules

Prohibited Species: Albuquerque's Weed and Anti-Litter Ordinance names sixteen specific plants, including Russian Thistle, Ragweed and Puncture Vine, as prohibited weeds that no owner may let grow past four inches. The Mayor's designee can add any other plant found unhealthy or dangerous after a hearing..

Tree Protection

Parkway Planting: Street trees required on new construction must go in the curb-side landscape/buffer strip, spaced per an approved street tree plan, using species from the city's official plant list..

Rental Inspections

Tenant Complaint Process: Tenants report housing code violations to Albuquerque Code Enforcement through a hotline and website at no cost, or pay for a formal requested inspection: $150 for the first unit, $100 for each additional unit..

Rental Property Rules

Rental Registration: Albuquerque requires a rental property owner cited for a Housing Code violation who fails to fix it to register the property with the city and pay a $25 fee, or face escalating civil penalties..

Also covered: Repairs & Habitability (moderate). See the full rental property rules guide for Albuquerque for details.

Solar Energy

Panel Permits: Solar panel and photovoltaic installations must meet the city's adopted 2012 New Mexico Solar Energy Code, with permits administered by the Building Safety Division of the Planning Department..

Soliciting & Door-to-Door

Solicitor Permits: Anyone selling or soliciting door-to-door in Albuquerque needs a City-issued Category B permit, and residents can block solicitors entirely by posting a "No Peddlers" or "No Trespassing" sign at their door..

Curfew Laws

Park Curfew: Albuquerque parks are open daily from 6:00 a.m. to 10:00 p.m.

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.