Albuquerque requires a permit before any wall or fence is built: a staff-decided Permit - Wall or Fence - Minor for standard fences, or a Permit - Wall or Fence - Major (public hearing before the Zoning Hearing Examiner) for above-standard front/side yard walls.
IDO Section 14-16-5-7(B)(2) provides that a wall shall be erected only after obtaining a permit under 14-16-6-5(F) (Permit - Wall or Fence - Minor) or 14-16-6-6(H) (Permit - Wall or Fence - Major). The Minor permit covers fences meeting the standards of Section 5-7 and is reviewed and decided administratively by the Zoning Enforcement Officer (ZEO); applications in historic (HPO) zones or on listed historic properties are first reviewed by the Historic Preservation Planner. A permit will not be approved unless the City Engineer finds the wall is not a hazard to traffic visibility (clear sight triangle) and does not block drainage. A taller-than-standard front or street side yard wall on low-density residential property requires the Major permit, which is decided by the Zoning Hearing Examiner after a public hearing, with appeal to City Council; the Major permit requires the lot to be at least one-half acre or fronting a collector/arterial/interstate, or that a threshold percentage of nearby properties already have taller walls. Walls taller than the IDO allows that do not qualify for a Major permit require a Variance.
Building without a required permit is a violation of the IDO, subject to ROA 1994 1-1-99 (General Penalty): up to $500, up to 90 days imprisonment, or both, with each day a separate offense (IDO 14-16-6-9(D)).
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