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Bernalillo County, NM Building Setbacks & Zoning: Structure Height Limits (2026)

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

Key Facts

Max height
26 ft or 2½ stories
R-2 exception
45° setback plane above 26 ft
Churches/public buildings
up to 60-75 ft
Penalty
Up to $300 fine, 90 days jail
Scope
Only outside Albuquerque city limits

Summary

Unincorporated Bernalillo County caps single-family homes at 26 feet or two-and-a-half stories in the A-1, A-2, R-1, and M-H zones under the county's 1973 zoning ordinance; Albuquerque properties fall under the city's own Integrated Development Ordinance instead.

City-specific rules exist: Albuquerque has its own structure height limits rules that differ from Bernalillo County's county-level regulations. If you live in Albuquerque, check the city-specific page instead.

Height Regulations. Buildings and structures shall not exceed 26 feet or 2½ stories in height, except as provided in The Supplementary Height and Area Regulations Section of this ordinance.

Source: Albuquerque IDO Part 2 (Zone Districts) Height StandardsView official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 92).

Full Breakdown

The Comprehensive Zoning Ordinance limits buildings and structures to 26 feet or 2½ stories in the county's A-1, A-2, R-1, and M-H zones (Section 9, R-1 Single-Family Residential). Belfries, chimneys, flagpoles, and similar features are exempt from the cap (Section 22). Public, semipublic, and school buildings may reach 60 feet, and churches up to 75 feet if side and rear yards grow with the extra height. In the R-2 Apartment Zone, structures may rise above 26 feet only if the portion above that height steps back under a 45-degree plane measured from adjoining lower-density zoned ground. These rules govern only unincorporated county land; Albuquerque enforces its own Integrated Development Ordinance within city limits.

Violations & Fines

Violating the height cap is a misdemeanor under Section 26: up to a $300 fine and 90 days in county jail, with each day of continuing violation a separate offense; courts may also issue an injunction.

Frequently Asked Questions

Does this height limit apply inside Albuquerque?
No. Albuquerque has its own Integrated Development Ordinance; the county's 26-foot cap governs only unincorporated land outside Albuquerque, Los Ranchos, and Tijeras.
Can a house ever be taller than 26 feet?
Only with allowed exceptions: belfries, chimneys, and flagpoles are exempt, and churches or public buildings can reach 60 to 75 feet under Section 22's supplementary regulations.

Sources & Official References

Other rules in Bernalillo County

Fence Regulations: Height LimitsSome RestrictionsSetback RulesSome RestrictionsLot Coverage LimitsSome RestrictionsNoise Ordinances: Barking DogsSome RestrictionsNoise Ordinances: Aircraft NoiseSome RestrictionsParking Rules: Loading ZonesLight RestrictionsParking Rules: Abandoned VehiclesSome RestrictionsFence Regulations: Retaining WallsSome Restrictions

All Bernalillo County rules

Compare Bernalillo County to another location·View the New Mexico building setbacks & zoning overview

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Structure Height Limits in Cities Across Bernalillo County

Albuquerque, NM