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Bernalillo County, NM Sidewalk & Pedestrian Rules: Encroachment Permits (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Permit required
Right-of-way use agreement, Sec. 86-165
Applies to
Unincorporated county only, not Albuquerque
Penalty
$300 fine, 90 days jail
Term
Up to 25 years
Agency
County right-of-way administrator

Summary

Unincorporated Bernalillo County requires anyone using or occupying county right-of-way for private purposes to first execute a right-of-way use agreement, pay fees, and carry insurance under the county's Taxpayer Protection and Right-of-Way Ordinance.

These county ordinances apply to unincorporated areas of Bernalillo County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

Unless holding a valid existing right-of-way agreement, permit, or similar instrument, no person may access, occupy, or otherwise use the county's right-of-way without first executing a right-of-way use agreement. ... Other persons who wish to use county property or its right-of-way for a limited or incidental use, shall execute a right-of-way use agreement within 180 days after the effective date of the ordinance from which this article is derived.

View official code

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

Before occupying or using county right-of-way in unincorporated Bernalillo County, for utility lines, driveway aprons, or any other limited or incidental private use, you must apply to the county's right-of-way administrator and execute a right-of-way use agreement, per Sec. 86-165. Applications require detailed drawings, proof of insurance, and a non-refundable application fee; agreements run up to 25 years and carry an annual use fee. Using the right-of-way without a permit is a misdemeanor punishable by a $300 fine or 90 days in jail. This ordinance does not apply inside Albuquerque, Los Ranchos, or Tijeras, which issue their own right-of-way permits.

Violations & Fines

Using county right-of-way without an executed right-of-way use agreement is a misdemeanor: up to a $300 fine, 90 days in jail, or both, per violation, plus removal of unauthorized facilities.

Frequently Asked Questions

Do I need a permit to run a driveway or utility line across county right-of-way?
Yes. Bernalillo County requires a right-of-way use agreement from the right-of-way administrator before any person occupies or uses county right-of-way, per Sec. 86-165.
Does this apply if I live in Albuquerque?
No. The ordinance applies only outside incorporated municipalities; Albuquerque, Los Ranchos, and Tijeras administer their own right-of-way permits.

Sources & Official References

Other rules in Bernalillo County

All Bernalillo County rules

Compare Bernalillo County to another location·View the New Mexico sidewalk & pedestrian rules overview

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