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Accessory Structures in Bernalillo County, NM (2026)

3 county-level rules, plus city-specific rules for 1 city in Bernalillo County, New Mexico.

Verified from official government sources

Note: These county rules apply to unincorporated areas of Bernalillo County. If you live within an incorporated city, that city's own rules apply: see the city list below.

ADU Rules

In unincorporated Bernalillo County's R-1 zone, a secondary dwelling unit is allowed by right if it meets setback, spacing, and size limits under the county zoning ordinance.

Bernalillo County Secondary Dwelling Unit Rules

Some Restrictions

Bernalillo County Code, App. A (Comprehensive Zoning Ordinance), § 9

n. Secondary dwelling unit, provided that the use meets the following requirements: ... 3. The secondary dwelling unit shall: a) Meet the setbacks of the underlying zone; and b) Be located at least ten feet from any other dwelling unit or structure on the lot; and c) Be located a maximum of 35 feet from the primary dwelling unit, or 40 feet for properties half acre or greater, or 50 feet for pr...

Shed & Carport Rules

In unincorporated Bernalillo County's R-1 and A-1 zones, a carport built into the required front or side yard needs Zoning Administrator approval and must stay at least three feet off the property line.

Bernalillo County Carport Setback Rules

Significant Restrictions

Bernalillo County Code, App. A (Comprehensive Zoning Ordinance), § 9.B.3.p (R-1 Single-Family Residential Zone; identical provision at § 7.B.3.v for the A-1 zone)

Carport in the required front or side yard, provided: 1. No part is within three feet of a property line. 2. No building wall is ever built within a required setback area. The distance between support columns that are located within a required setback area must remain open and free of obstructions. 3. Water run-off from the carport must not adversely affect adjacent property or the public right...

Tiny Homes

Unincorporated Bernalillo County allows composting or incinerating toilets on tiny-home parcels only if the lot is large enough to keep required setbacks and hold space for a future septic system.

Bernalillo County Tiny Home Composting Toilet Rules

Some Restrictions

Bernalillo County Code § 42-505(f)

Composting/incinerating toilets shall not be used ... for an advanced wastewater treatment on a lot less than three-fourths acre in size. ... Composting/incinerating toilets may be appropriate for situations: ... b. In association with parcels and applicants utilizing a "tiny home" concept, but with adequate lot size to preserve setbacks and to address neighboring property concerns regarding co...

Accessory Structures by City in Bernalillo County

1 cities in Bernalillo County have their own accessory structures rules. Each link goes to that city's dedicated page with code citations.

All Bernalillo County ordinances

See every category we cover for Bernalillo County: parking, noise, fences, fires, animals, pools, and more.

Bernalillo County Ordinance Hub →