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Accessory Structures in Albuquerque, NM (2026)

9 verified accessory structures rules for Albuquerque, New Mexico, sourced directly from the municipal code and official government pages.

Verified from official government sources

ADU Rules

Albuquerque IDO — ADUs (casitas) allowed in all R-A and R-1 zones since 2023. Maximum 750 sq ft. One per lot. Must be behind rear wall of main house. 5 ft minimum side/rear setback. Cannot exceed 25% of combined side and rear yards.

Albuquerque ADU / Accessory Dwelling Rules

Few Restrictions

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.

Albuquerque ADU Permits

Few Restrictions

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.

Albuquerque ADU Impact Fees

Few Restrictions

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.

Albuquerque ADU Owner Occupancy

Few Restrictions

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.

Albuquerque ADU Rental Restrictions

Some Restrictions

Shed Rules

Albuquerque — one-story detached accessory buildings used as tool storage sheds, playhouses, and similar uses may not require a building permit if they meet size thresholds. Walls less than 5 ft from property line must be one-hour fire resistive.

Albuquerque Shed & Outbuilding Rules

Few Restrictions

City of Albuquerque Planning Department, Building Safety — Storage / Accessory Buildings Plans & Permit Information

STORAGE / ACCESSORY BUILDINGS Plans & Permit Information. The City of Albuquerque Uniform Administrative Code states that a building permit will not be required for one-story detached accessory buildings used as tool storage sheds, playhouses and similar uses, provided the building does not exceed 120 square feet. Zoning Requirements — RESIDENCE: No side or rear setback for accessory building o...

Garage Conversions

Albuquerque allows garage conversions to ADUs if they meet IDO zoning and building code standards. Must be architecturally integrated with existing residence. Building permit required showing wall and roof materials. Typical cost $30,000–$70,000.

Albuquerque Garage Conversion Rules

Some Restrictions

City of Albuquerque Planning Department, Building Safety — Garage Conversion Plans & Permit Information

GARAGE CONVERSION Plans & Permit Information. Submit two (2) sets of plans. Plans shall be drawn to scale upon substantial paper and shall be of sufficient clarity to indicate the nature and extent of the work proposed and show in detail that it will conform to the provisions of the technical Codes and all relevant laws, ordinances, rules and regulations. The building permit will be issued when...

Carport Rules

Albuquerque carports over 200 square feet require a building permit and must meet residential setback standards under the IDO, with Pueblo Revival style encouraged.

Albuquerque Carport Rules

Some Restrictions

Tiny Homes

Albuquerque allows Accessory Dwelling Units (casitas) up to 750 square feet on single-family lots under the IDO, with tiny homes on foundations treated as ADUs and tiny-homes-on-wheels restricted.

Albuquerque Tiny Home Rules

Heavy Restrictions

Looking for Bernalillo County county-wide rules?

County ordinances apply to unincorporated areas and may supplement Albuquerque city rules.

Accessory Structures in Bernalillo County