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Doña Ana County, NM Building Safety: Building Permits (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified August 2026

Key Facts

Governing chapter
County Code Chapter 142, adopted Ord. No. 308-2020
Building code adopted
2021 ICC IBC / IRC / IEBC
Applies to
Unincorporated Doña Ana County only
Enforcing office
Building Services Department
Unpermitted-work penalty
Triple the original permit fee
Investigation fee
$45/hour, 1-hour minimum

Summary

Doña Ana County requires a building permit under its adopted 2021 International Building and Residential Codes for construction, alteration and repair in the unincorporated county, enforced by the Building Services Department under Chapter 142.

These county ordinances apply to unincorporated areas of Doña Ana County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

§ 142-1. Applicability. The provisions of this chapter and the codes, supplements, and construction standards adopted herein shall be controlling in the construction, alteration, and repair of all buildings and structures, including electrical, plumbing and mechanical systems, within the unincorporated areas of Doña Ana County, New Mexico. § 142-2. Adoption of International and National Codes. The Board hereby adopts the following International and National Codes... 2021 ICC International Building Code; 2021 ICC International Residential Code; 2021 ICC International Existing Building Code; 2018 ICC International Energy Conservation Code...

Full Breakdown

' § 142-2, as amended in 2021 and again 8-22-2023 by Ord. No. § 142-6 makes the New Mexico codes and County construction standards control over the International/National codes whenever they conflict.

Violations & Fines

The Building Services Department enforces Chapter 142; § 142-9 makes violating the chapter or any adopted International, National, or New Mexico code punishable under the Chapter 1 general penalty, § 1-20, in addition to any remedial or abatement action available under those codes. § 179-19 adds cost consequences for unpermitted work: a special investigation fee of $45 per hour (one-hour minimum) plus a penalty fee that triples the permit cost once work has begun without a permit and is later discovered.

Frequently Asked Questions

Which building code applies to unincorporated Doña Ana County?
Chapter 142 adopts the 2021 ICC International Building Code, International Residential Code, International Existing Building Code, and 2018 International Energy Conservation Code, as amended by New Mexico Construction Industries Division rules listed in § 142-3.
What happens if I build without a permit in the county?
Under § 179-19, the County charges a $45/hour investigation fee (1-hour minimum) to review the unpermitted work, and once a permit is required and issued, the permit fee is tripled as a penalty.
Can I get a permit for just the foundation before my full plans are done?
Yes, § 142-4.D allows a 'foundation only' or 'grading only' phased permit, but it must first clear zoning, drainage, SWPPP, and Fire Code review, and the builder proceeds at their own risk without assurance the full permit will be granted.

Sources & Official References

Other rules in Doña Ana County

All Doña Ana County rules

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