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Bernalillo County, NM Fence Regulations: Height Limits (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

General height cap in setback
8 feet, § 22.B.3
Res/nonres buffer wall
6 feet minimum, § 19.B
Sight-triangle vegetation cap
3 feet, § 19.D
Corner-lot sight duty
fences barred from triangle, § 4.G
Max criminal fine
$300 under § 1-6

Summary

Bernalillo County's zoning ordinance caps most fences and walls built within a required setback at eight feet, while requiring a solid six-foot wall or fence wherever a nonresidential zone touches a single-family residential zone. Corner lots must also keep fences, hedges, and signs out of the sight triangle so drivers and pedestrians have a clear view at intersections.

City-specific rules exist: Albuquerque has its own height limits rules that differ from Bernalillo County's county-level regulations. If you live in Albuquerque, check the city-specific page instead.

Where a nonresidential zone which is hereafter developed for a business purpose abuts a residentially zoned property, special buffer landscaping is required to minimize noise, lighting and sight impact of the nonresidential activities in the residential area. ... B.In a nonresidential zone, a solid wall or a solid fence at least six feet high shall be erected on sides abutting a single family residential zone, except for those sides abutting public right-of-way. ... D. ... However within a clear sight triangle, the trees or shrubs shall be maintained to a height of no higher than three feet. ... F.The landscaping strip shall not eliminate the requirements for a six-foot fence or wall if parking is adjacent to the landscaping strip.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 92).

Full Breakdown

Section 22.B.3 of the Comprehensive Zoning Ordinance sets the countywide fence and wall height cap: "A wall or fence may be built within the required setback, provided it does not exceed eight feet in height and does not in the opinion of the Zoning Administrator create a traffic hazard at intersections of streets and driveways." That eight-foot ceiling applies inside any zone's front, side, or rear setback unless a more specific rule lowers it.

Section 19 layers a stricter rule onto the boundary between land uses: "In a nonresidential zone, a solid wall or a solid fence at least six feet high shall be erected on sides abutting a single family residential zone, except for those sides abutting public right-of-way." The same section lets the Zoning Administrator approve an alternate landscaping plan only if a six-foot wall or fence still runs along the residential boundary, and it caps buffer vegetation inside the sight triangle at three feet, so a hedge cannot substitute for lost visibility, and it repeats the six-foot fence-or-wall requirement wherever a landscaping strip sits next to a parking area.

Corner lots carry an additional, separate duty under section 4.G: "Unobstructed vision clearance for traffic safety shall be maintained by the property owner or occupant on all corner lots regardless of the zone classification with reference to any building, sign, fence, ornament, hedge, shrub, tree, display, or other obstruction, but not including existing buildings." The Bernalillo County Technical Standards define the exact sight-triangle dimensions at each intersection or driveway, and a fence or wall built inside that triangle is a violation even where it meets the general height cap everywhere else on the lot. The Zoning Administrator, not a self-certifying homeowner, decides whether a proposed eight-foot wall creates a traffic hazard at a street or driveway intersection.

Violations & Fines

A fence, wall, or hedge that exceeds the setback height cap, replaces a required six-foot residential buffer wall, or blocks a corner sight triangle is a zoning violation. County code enforcement can order it lowered or removed, and prosecution proceeds under the general Code of Ordinances penalty in section 1-6: a fine up to $300, up to 90 days in jail, or both, in addition to any equitable relief the county pursues.

Frequently Asked Questions

How tall can I build a fence in unincorporated Bernalillo County?
Section 22.B.3 caps a wall or fence built within a required setback at eight feet, provided the Zoning Administrator does not find it creates a traffic hazard at a street or driveway intersection. A fence outside a setback may still need building-permit review under the county's construction code.
Do I have to build a wall between my house and a nearby business?
Only if the zones abut directly. Section 19.B requires a solid wall or fence at least six feet high on any side where a nonresidential zone borders a single-family residential zone, except along a public right-of-way, so the burden generally falls on the nonresidential property being developed.
Can I put a fence or hedge on my corner lot?
Not inside the sight triangle. Section 4.G requires unobstructed vision clearance on every corner lot "with reference to any building, sign, fence, ornament, hedge, shrub, tree, display, or other obstruction," and section 19.D limits buffer vegetation inside that triangle to three feet even where the six-foot wall rule otherwise applies.
What happens if my fence violates the height or sight-triangle rules?
County zoning enforcement can require you to lower or remove it, and prosecution follows the same general penalty as any Code of Ordinances violation under section 1-6, a fine up to $300, up to 90 days in jail, or both, on top of any order to bring the fence into compliance.

Sources & Official References

Other rules in Bernalillo County

All Bernalillo County rules

How Bernalillo County compares: Cities That Allow the Tallest Residential Fences·Compare Bernalillo County to another location·View the New Mexico fence regulations overview

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