Bernalillo County, NM Sidewalk & Pedestrian Rules: Encroachment Permits (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.
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.
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?
Does this apply if I live in Albuquerque?
Sources & Official References
Other rules in Bernalillo County
Compare Bernalillo County to another location·View the New Mexico sidewalk & pedestrian rules overview
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