Before You Build in Albuquerque, NM: Permit & Rule Checklist (2026)

Albuquerque's Integrated Development Ordinance caps walls and fences at 3 feet in a front or street side yard and 8 feet elsewhere on a residential lot, with limited exceptions for taller view fencing.

Albuquerque's IDO does not set pool-barrier specifications; swimming pool fencing is governed by the New Mexico Residential Code (14.7.3 NMAC, adopting the 2021 IRC). An outdoor pool barrier must be at least 48 inches high with no more than a 2-inch gap below it on the side facing away from the pool.

Albuquerque retaining walls follow the same maximum heights as other walls unless the City Engineer approves a higher wall. Retaining walls over 6 feet must be terraced to no more than 3 tiers, with a planted 4-foot terrace between tiers and footings kept out of the public right-of-way.

New Mexico is an open range state (NMSA §77-16-1) with no shared fence cost statute. Albuquerque does not require neighbor consent for fences on your own property. Fence must be on or inside your property line. No spite fence statute in NM.

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.

A City of Albuquerque building permit is required before constructing a residential swimming pool or spa; the application must include a site plan with property-line and dwelling setbacks, pool dimensions and water capacity, barrier details, and a professional seal for gunite pools, with inspections required throughout construction.

Albuquerque hot tubs holding over 24 inches of water require pool barriers or ASTM F1346 safety covers, and electrical installations need permits and GFCI protection.

Albuquerque residential pools require four-sided barriers, drain anti-entrapment devices, and door alarms where the house forms part of the barrier, per 2018 IRC Appendix G.

Above-ground pools in Albuquerque must comply with fencing requirements if over 3 ft deep or 5,000 gallons. The 6-ft barrier height is measured from outside grade. NM Residential Code defines pool as any structure over 24 inches deep. Building permit required.

Albuquerque requires every new residential swimming pool to be enclosed by a barrier at least 4 feet high (with an approved automatic cover) or 6 feet high (without an automatic cover), with self-latching access gates and alarms on all dwelling doors that open directly onto the pool area.

Converting a garage into habitable space in Albuquerque requires a building permit with full plans, and a converted bedroom must have an egress window with at least 5.7 square feet of net clear openable area; converting a garage into a casita is regulated as an ADU under the IDO.

Albuquerque's Integrated Development Ordinance allows one accessory dwelling unit (casita) per lot in the R-A, R-1, R-T, and R-ML zones, capped at 750 square feet of gross floor area, no taller than the primary house, with a minimum 5-foot side or rear setback.

In Albuquerque, a rear-loaded residential garage or carport must be set back at least 3 feet from a property line abutting an alley or street; otherwise an accessory building such as a carport generally has no required setback from a lot line but may not occupy over 25 percent of the side and rear yards combined.

Albuquerque treats permanent backyard tiny homes as accessory dwelling units (casitas) under the IDO, capped at 750 square feet, and the City offers free pre-approved casita construction plans from 450 to 750 square feet as part of its Housing Forward ABQ initiative.

Albuquerque exempts one-story detached storage sheds of 120 square feet or less from a building permit, while larger sheds need a permit; accessory buildings have no required setback from a lot line on interior lots but walls within 5 feet of a property line must be one-hour fire-resistive.

Albuquerque Fire Code Section 307.1 prohibits open burning, recreational fires, bonfires, rubbish fires and open-burning operations except as allowed by the Albuquerque-Bernalillo County Air Quality Control Board and the Fire Code. Limited dead-and-dry weed removal is allowed without a permit if it meets strict setback, pile-size, wind, and time-of-day conditions.

Permanently installed outdoor fireplaces, permanent outdoor recreational fire rings, barbecue pits and portable fireplaces are exempt from the open-burning permit under Albuquerque Fire Code Section 307.2 Exception 2. They must still follow recreational-fire setbacks and may not be used during a declared burn ban.

Albuquerque's Street Tree Ordinance (ROA 1994, Article 6-6) sets minimum clearance for trees overhanging public ways: the lowest permanent branch over a sidewalk must be at least 7 feet, and over a street at least 14 feet. The City Forester administers planting, trimming, and removal of street trees.

Albuquerque enforces mandatory time-of-day watering restrictions. Under the Water Conservation Landscaping and Water Waste Ordinance (ROA 1994, Sec. 6-1-1-5), all spray irrigation from April 1 through October 31 must occur between 7:00 p.m. and 11:00 a.m. Drip irrigation, low-precipitation bubblers, and hand watering are exempt.

Albuquerque ROA §6-6-1-4 — permit required from City Forester to remove any tree on public property. Private property tree removal may require permit. Heritage Tree Program protects historically significant trees. Dead, diseased, or dangerous trees may be removed without permit.