Bernalillo County, NM Historic Preservation: Historic-Cultural Monuments (2026)
Key Facts
- Trigger
- Subdivisions of more than 24 lots
- Who investigates
- State-permitted archaeologist required
- Significance threshold
- Sites 125 years or older
- Burial protection
- NMSA § 18-6-11.2 covers unmarked graves
- Code penalty
- Fine up to $300, 90 days jail
Summary
Subdividing more than 24 lots in unincorporated Bernalillo County requires a state-permitted archaeologist's survey for cultural properties, archaeological sites, and unmarked burials before the county will approve the plat.
All lands that are proposed to be subdivided into more than 24 lots shall be investigated by an archaeologist who is permitted by the state cultural properties review committee, for the purpose of identifying and evaluating the significance of cultural properties, archaeological sites, and unmarked burial sites, that may be impacted directly by the subdivision.
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
Bernalillo County Code § 74-112 requires any unincorporated subdivision of more than 24 lots to be investigated by an archaeologist permitted by the state cultural properties review committee, to identify cultural properties, archaeological sites, and unmarked burials the development could disturb. If the investigation finds a direct impact on a site the county determines significant (125 years or older), the developer must submit a mitigation plan that the county approves, modifies, or denies before the subdivision can proceed. Disturbing an unmarked human burial without a permit from the state medical investigator or the cultural properties review committee is a separate violation of NMSA 1978 § 18-6-11.2.
Violations & Fines
Violating any county ordinance carries a fine up to $300, up to 90 days imprisonment, or both under the general Code penalty; the county also withholds subdivision plat approval until the mitigation plan is accepted.
Frequently Asked Questions
Does this rule apply inside Albuquerque?
What counts as a protected cultural property?
Sources & Official References
Other rules in Bernalillo County
Compare Bernalillo County to another location·View the New Mexico historic preservation overview
See something wrong?
Help us keep this page accurate. If you notice an error or outdated information, let us know.