Bernalillo County, NM Fence Regulations: Fence Permit Requirements (2026)
Key Facts
- Permit trigger
- Solid fence/wall over 6 feet
- Exempt
- Solid fences/walls 6 ft or less
- Open fences
- Any height if CBO approves
- Enforcing agency
- County Building Division / CBO
- Max penalty
- $300 fine, 90 days jail
Summary
Bernalillo County requires a permit before building a fence in the unincorporated county, but exempts fences and freestanding masonry walls that stand six feet or under, so most residential yard fences never need paperwork.
105.1 Required. Except as specified in subsection 110.2, no building, structure or building service equipment regulated by this Code and the Technical Codes shall be erected, constructed, enlarged, altered, repaired, moved, improved, removed, converted, or demolished unless a separate appropriate permit for each building, structure or building service equipment has first been obtained from Bernalillo County. ... A building permit will not be required for the following: ... Fences and freestanding masonry walls not over six feet (6') above grade on the lowest side.
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
The county's Uniform Administrative Code, adopted at Bernalillo County Code Section 10-36, makes a building permit mandatory before erecting, enlarging, or altering any structure. Section 105.2 carves out solid fences and freestanding masonry walls up to six feet high, measured from the lowest grade, as permit-exempt. Open-style fencing such as chain-link can rise taller than six feet without a permit if the Certified Building Official approves the height. Anything taller than a six-foot solid fence, or an open fence the CBO has not cleared, needs a permit from the county's Building Division before construction starts. This applies only in unincorporated Bernalillo County; Albuquerque enforces its own Integrated Development Ordinance for fences inside city limits.
Violations & Fines
Building a fence without the required permit violates Sec. 10-32, punishable under the county's general penalty as a fine up to $300, up to 90 days in jail, or both.
Frequently Asked Questions
Do I need a permit for a 6-foot fence in Bernalillo County?
Does this rule apply if I live inside Albuquerque?
Sources & Official References
Other rules in Bernalillo County
Compare Bernalillo County to another location·View the New Mexico fence regulations overview
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