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

Doña Ana County owns or maintains roughly 1,236 lineal miles of right-of-way across the unincorporated county, land that includes the streets, easements, sidewalks, plazas, and drainageways defined as public place under § 274-2. Chapter 274, Use of Rights-of-Way, sets the permitting process any person or utility must follow before touching that land. Section 274-4 states the rule plainly: a permit is required for any use of a county right-of-way, including excavation, boring of a substructure opening, aerial installation, or placing a facility within the right-of-way, and using the right-of-way without first securing that permit is unlawful.

To apply, the applicant submits a written description and detailed drawing of the proposed work to the Right-of-Way Administrator, along with proof of insurance meeting the coverage limits in NMSA § 41-4-19, under § 274-3. The Administrator typically notifies the applicant of approval or denial within about ten working days of receiving the completed application and its nonrefundable fee, though larger or more complex projects can take longer. Permits are ordinarily valid for 90 days, extendable on written request. Fees for trenching, below-grade work, and above-grade facility placement are set separately in Chapter 179, Fees and Permits, and all road crossings on paved roads must be bored rather than trenched unless the applicant justifies why boring isn't feasible. An applicant denied a permit may appeal to the Board of County Commissioners under § 274-15.