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

Retaining walls over 4 feet tall (measured from bottom of footing to top) or with surcharge require engineered plans and a building permit in Albuquerque per the 2018 IRC and IDO.

Albuquerque requires a self-closing, self-latching pool barrier at least 60 inches high around any residential swimming pool over 24 inches deep per the 2018 IRC Appendix G and ROA Chapter 14.

Albuquerque IDO §14-16-5-7(D) — front yard walls max 3 ft for residential. Side and rear yard walls max 6 ft. Walls above 3 ft in front yard need view fencing (max 50% opaque). Design elements may project 2 ft above max height.

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 IDO §14-16-6-5(F) — Permit - Wall or Fence - Minor ($25) required for fences under 6 ft. Fences over 3 ft in front yard require Permit - Wall or Fence - Major (Zoning Hearing Examiner review with public hearing). Over 6 ft needs building permit.

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 requires a building permit from the Planning Department's Building Safety Division for residential in-ground pools, plus barrier compliance under the New Mexico Residential Code. Public and semi-public pools must additionally obtain an operating permit under Albuquerque Code Chapter 10, Article 3, administered by the Environmental Health Department.

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 ROA Ch. 10, Art. 3 — pools over 3 ft deep or 5,000 gallons must be enclosed by a barrier at least 6 ft high. Gates must be 6 ft with self-closing latch at 54 inches. Chain link must be 11-gauge minimum. Vertical bars max 4 inches apart.

Albuquerque allows garage conversions to ADUs if they meet IDO zoning and building code standards. Must be architecturally integrated with existing residence. Building permit required showing wall and roof materials. Typical cost $30,000–$70,000.

Albuquerque IDO — ADUs (casitas) allowed in all R-A and R-1 zones since 2023. Maximum 750 sq ft. One per lot. Must be behind rear wall of main house. 5 ft minimum side/rear setback. Cannot exceed 25% of combined side and rear yards.

Albuquerque carports over 200 square feet require a building permit and must meet residential setback standards under the IDO, with Pueblo Revival style encouraged.

Albuquerque allows Accessory Dwelling Units (casitas) up to 750 square feet on single-family lots under the IDO, with tiny homes on foundations treated as ADUs and tiny-homes-on-wheels restricted.

Albuquerque — one-story detached accessory buildings used as tool storage sheds, playhouses, and similar uses may not require a building permit if they meet size thresholds. Walls less than 5 ft from property line must be one-hour fire resistive.

Albuquerque Open Burn Program — burning of piled vegetation allowed 10 AM to 3 PM only, pile max 3 ft diameter x 3 ft high, must be 50 ft from structures. Must call Burn/No-Burn Hotline (505) 768-2876 first. Fire dispatch notification required.

Recreational fires and portable outdoor fireplaces allowed in Albuquerque. Recreational fires must be 25 ft from structures; portable fireplaces 15 ft. Wood only. No time restrictions but permit required from Fire Marshal's Office.

Albuquerque ROA §6-6-1-4 — permit required from City Forester to cut, trim, spray, remove, or plant any tree on public streets, alleys, or sidewalks. Private property trees with 6+ inch trunk diameter need permit for trimming. Street tree maintenance is property owner responsibility.

Albuquerque ROA §6-1-1-8 — water budgets and planting restrictions enforced by ABCWUA. No more than 10% of required landscape can be cool-season grass. Irrigated grass prohibited on slopes exceeding 1:4. Xeriscape rebate program available. HOAs cannot prohibit xeriscaping.

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.