Albuquerque and Bernalillo County follow the 2018 NM Residential Building Code: retaining walls over 4 feet measured from bottom of footing to top of wall require a building permit and stamped engineered plans. Any wall supporting a surcharge requires engineering regardless of height.
The NM Construction Industries Division enforces the 2018 International Residential Code with NM amendments. Per IRC §R404.4 as adopted, retaining walls not over 4 feet in height (measured from the bottom of the footing to the top of the wall) and not supporting a surcharge are exempt from permit. Walls taller than 4 feet, or any wall that supports a driveway, structure, pool, or sloped fill above it, require a building permit from Albuquerque Planning (within the city) or Bernalillo County Planning & Development (unincorporated) plus plans stamped by a New Mexico licensed professional engineer. Bernalillo County also imposes drainage review through the Middle Rio Grande Flood Control District for walls that could alter arroyo or stormwater flow. Setbacks follow the zoning district: typically 5 feet from side and rear property lines in R-1 zones. Walls in the AMAFCA (Albuquerque Metropolitan Arroyo Flood Control Authority) jurisdiction near arroyos need additional review.
Unpermitted walls over 4 feet trigger stop-work orders, double permit fees, and possible demolition if engineering cannot retroactively certify the structure. Fines run $200-$1,000 per occurrence, and failed drainage can expose owners to civil liability to downhill neighbors under NM common law.
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See how Bernalillo County's retaining walls rules stack up against other locations.
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