5 county-level rules, plus city-specific rules for 3 cities in Bernalillo County, New Mexico.
Verified from official government sources
ADU regulations in unincorporated Bernalillo County are governed by the county zoning code (Appendix A). Permitted uses and density vary by zone district and development area. Building permits required through County PDS. Contact (505) 314-0350 for specific zone requirements.
Small accessory structures in unincorporated Bernalillo County may not require permits depending on size and use. Larger structures need building permits. Flatwork like walkways generally does not require permits. Setback requirements per zone district apply.
Bernalillo County Planning & Development Services, Residential Building Permit Guide (Rev. 8/22)
The following work does not require a building permit: Construction of a shed that is less than 120 square feet in area. Flatwork (i.e. walkways, driveways, etc.). Installation of gutters and downspouts. Fences and freestanding masonry walls less than 6'-0" in height. Retaining walls that retain less than 36 inches (915 mm) of unbalanced fill, and have a total height equal to or less than six f...
Garage conversions in unincorporated Bernalillo County require building permits and must comply with the county zoning code and NM residential building code. Converted space must meet habitable room standards. County PDS handles permits.
Carports require building permits in Bernalillo County and Albuquerque as accessory structures. ABQ IDO §14-16-5-5 setbacks typically require 5 ft side/rear and 20 ft front in R-1 zones, with lot coverage counting toward the zone maximum (usually 40-50%).
Albuquerque recognizes tiny homes on foundations as dwellings under IRC Appendix Q (200+ sq ft minimum) and allows them as ADUs under IDO §14-16-4-2(C). Tiny Houses on Wheels are regulated as RVs and may only occupy residential lots in limited circumstances. Bernalillo County follows CID/IRC rules.
3 cities in Bernalillo County have their own accessory structures rules. Each link goes to that city's dedicated page with code citations.
See every category we cover for Bernalillo County — parking, noise, fences, fires, animals, pools, and more.
Bernalillo County Ordinance Hub →