Bernalillo County requires a grading permit for excavation or fill exceeding 50 cubic yards or any cut/fill over 4 feet, per the DPM and 2018 IBC Appendix J adopted by County Code. Drainage must be retained on-site; discharge to neighbors is prohibited.
Bernalillo County regulates grading under the joint City/County Development Process Manual and the 2018 International Building Code Appendix J (adopted via County Construction Industries Division reference). A grading permit is required for excavation or fill over 50 cubic yards, cut slopes deeper than 4 feet, fill slopes supporting structures, and any work that changes drainage patterns. Sites in hillside overlay zones (Sandia foothills, West Mesa escarpment) require a separate hillside grading review under IDO §3-5. New Mexico case law (Martinez v. Albuquerque) establishes common-law duty not to concentrate surface water onto neighboring property — County Code codifies this. Retaining walls over 4 feet (measured from bottom of footing) require structural engineering sealed by an NM-licensed PE and a building permit. Historical drainage patterns must be preserved unless a drainage easement is acquired. Final grade must be inspected before certificate of occupancy.
Grading without permit: stop-work order and double-fee penalty plus fines up to $500/day under County Code. Redirecting runoff to neighbor: civil action for damages plus County correction order. Unpermitted retaining wall: removal or retroactive engineering required.
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