Albuquerque, NM Environmental Rules: Flood Zones (2026)
FEMA flood zone rules in Albuquerque, NM, also called floodplain regulations or special flood hazard area (SFHA) rules, determine flood insurance requirements and elevation standards for new construction.
Key Facts
- Permit required
- Floodplain Development Permit, § 14-5-3-3
- Administrator
- City Engineer (Floodplain Administrator)
- Maps used
- FEMA FIS/FIRM for Bernalillo Co., 11/4/2016
- Appeal path
- Administrator to Mayor to courts
- Max fine
- $500 per violation, per day
Summary
Albuquerque requires a Floodplain Development Permit before any construction, fill, grading or land-use change in a mapped area of special flood hazard. The City Engineer serves as Floodplain Administrator, reviewing plans against FEMA's 2016 Flood Insurance Study for Bernalillo County before work can begin.
§ 14-5-3-3 ESTABLISHMENT OF DEVELOPMENT PERMIT. A Floodplain Development Permit shall be required to ensure conformance with the provisions of this Ordinance. (Ord. 2025-031) § 14-5-3-4 COMPLIANCE. No structure or land shall hereafter be located, altered, or have its use changed without full compliance with the terms of this Ordinance and other applicable regulations. (Ord. 2025-031)
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: 2026 S-95: Current through Ordinance 2026-010, passed 4-6-2026).
Full Breakdown
Under Revised Ordinances of Albuquerque § 14-5-3-3, "A Floodplain Development Permit shall be required to ensure conformance with the provisions of this Ordinance," and § 14-5-3-4 bars any structure or land use change without full compliance with the ordinance and other applicable regulations. The ordinance applies citywide within the area of special flood hazard, including the extraterritorial planning jurisdiction (§ 14-5-3-1), based on the FEMA Flood Insurance Study for Bernalillo County dated November 4, 2016, and its accompanying FIRM/FBFM maps (§ 14-5-3-2). Permit applications go to the Floodplain Administrator, who is the City Engineer within the Planning Department's Engineering Division (§ 14-5-4-1), on forms requiring the elevation of the lowest floor of new or substantially improved structures, floodproofing certification from a registered engineer or architect for nonresidential buildings, and a description of any watercourse alteration (§ 14-5-4-3(1)).
The Administrator weighs nine factors before approving or denying a permit, including danger to life and property, susceptibility to flood damage, and the availability of alternative, non-flood-prone sites (§ 14-5-4-3(2)). Variances go to the City Engineer, who may grant relief only on a showing of good and sufficient cause, exceptional hardship, and no resulting increase in flood heights or public-safety threat; variances are barred outright within a designated floodway if they would raise base flood elevations (§ 14-5-4-4(8), (10)). Appeals of the Floodplain Administrator's decisions go to the Mayor, and anyone aggrieved by the Mayor's ruling may appeal further to the courts (§ 14-5-4-4(2)-(3)).
Violations & Fines
Constructing, locating, extending, converting or altering a structure without the required permit or in violation of the ordinance's terms is a misdemeanor under § 14-5-5-7. A conviction carries a fine of up to $500 per violation plus all costs and expenses of the case, and each day the violation continues counts as a separate offense. The City can also pursue any other lawful enforcement action to prevent or remedy a violation, independent of the criminal fine.
Frequently Asked Questions
Do I need a permit to build in an Albuquerque flood zone?
What happens if I build without a floodplain permit in Albuquerque?
Can I get a variance from Albuquerque's floodplain rules?
Who decides an appeal of a floodplain permit denial?
Sources & Official References
Other rules in Albuquerque
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