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Sandoval 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 for
Any road cut or use of county right-of-way
Base fine
Up to $300 per day per site (Sec. 32-21)
Permit duration
Maximum 28 days, extendable in writing
Utility depth
Minimum 36 inches burial (Sec. 32-25)
Performance bond
$15,000 on file with public works
Variance fee
$75 nonrefundable filing fee

Summary

Anyone cutting or using county right-of-way, including for a driveway tie-in or utility line, must first get a road cut permit, be licensed and bonded, and post insurance. Unpermitted work draws fines of up to $300 per day per site under the county's road cut ordinance.

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

Sec. 32-24. - Excavation/road cut permit application. (a)Every person desiring to make a road cut or utilize county right-of-way must obtain a permit from the county, and must be licensed and bonded, or must be a utility company. The person shall make written application on forms provided and approved by the public works director prior to the performance of any road cut work or activity within the public right-of-way. (b)No person shall make any road cut in public right-of-way until the person or designated agent obtains an appropriate permit from the county, except in an emergency. In the event of an emergency, the person may proceed with such activity immediately. An application must be filed within two business days.

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 13).

Full Breakdown

Sec. 32-24 requires every person who wants to make a road cut or otherwise utilize county right-of-way to obtain a permit before starting work, and to be licensed and bonded unless they are a utility company. The application goes to the public works director on county forms and must include a site map showing the exact path of the cut, pre-work photos, and post-work photos to close out the permit; a permit stays 'out of compliance' if the closing photos are never submitted. Applicants must show proof of insurance under Sec.

32-27, and utility contractors must be on an authorized list from their utility company. In an emergency, work can start immediately but the application must be filed within two business days describing the emergency and the repairs made. Sec. 32-25 sets technical standards once the permit issues: utility lines must be buried at least 36 inches deep, work cannot block fire hydrants, fire stations or traffic control devices, and a single cut is authorized only for the length shown on the permit, up to 600 lineal feet on an emergency basis for work running parallel to the roadway.

The permittee must locate utilities through the New Mexico One Call System before digging, protect adjoining property, clean up debris, and restore the cut to 95 percent proctor compaction under the road surface. 00 nonrefundable fee applies to any variance request. Sec. 00 per day per site for each day of violation.

Violations & Fines

Making a road cut or using county right-of-way without an approved permit, or violating the article's terms, is punishable by a fine of up to $300.00 per day per site for each day the violation continues (Sec. 32-21). The public works director can also issue a written notice of noncompliance, stop all work, add a $300.00 noncompliance fee, and suspend or revoke the permit, appealable to the board of county commissioners.

Frequently Asked Questions

Do I need a permit to dig in the road right-of-way in Sandoval County?
Yes. Sec. 32-24 requires anyone making a road cut or otherwise using county right-of-way to get a permit from the public works director first, and to be licensed and bonded or be a recognized utility company.
What does the application require?
The application must include a site map showing the exact path of the cut, pre-work photos, proof of insurance under Sec. 32-27, and, for contractors working for utilities, evidence they're on the utility's authorized list. Post-work photos are required to close out the permit.
How deep must utility lines be buried under a road cut permit?
Sec. 32-25(a) sets a minimum installation depth of 36 inches for utility lines, and lines crossing a watercourse must be embedded at least 48 inches, with the county able to require greater depth depending on the utility and drainage conditions.
What's the penalty for cutting the road without a permit?
Sec. 32-21 sets the penalty at up to $300.00 per day per site for each day of violation, and the public works director can also stop the work, assess a separate $300.00 noncompliance fee, and suspend or revoke any permit issued to the violator.

Sources & Official References

Other rules in Sandoval County

All Sandoval County rules

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