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Rio Rancho, NM Sidewalk & Pedestrian Rules: Encroachment Permits (2026)

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

Key Facts

Requirement
Permit required for ROW work/encroachment
Covers
Spoils storage, parked equipment
Applied through
Development Services Department
Fine
$100-$500/day per violation

Summary

Anyone proposing to work in, or encroach into, a Rio Rancho, New Mexico public right-of-way, including storing excavation spoils or parking equipment that spills onto it, must first obtain a right-of-way use permit under City Code Section 96.03(A).

Any person proposing to work in the right-of-way shall obtain a right-of-way use permit from the city.

(1) For the purposes of this chapter work in the right-of-way shall include excavation, trenchless excavation, construction or any activity which might reasonably require barricading. Additionally, activities adjacent to the right-of-way which could reasonably be expected to encroach into the right-of-way, such as the storage of spoils from an excavation or parking of vehicles, or to otherwise affect the flow of traffic by causing visual distraction, such as unusual or large equipment or large groups of people, are also included.

(2) Each person must obtain their own permit and have their own insurance and bonding. A subcontractor may not work under the general contractor’s permit.

(3) Work included within a city approved subdivision, prior to the city’s acceptance of the subdivision, does not require a right-of-way use permit.

(B) The permit application form and submittal requirements shall be in such form as prescribed by the Public Works Department for publicly funded capital projects, and by the Development Service Department for other work.

(C) All work shall conform to federal, state and city ordinances, codes, design criteria and standards. In the case of conflicting requirements, the most stringent shall apply.

(D) The permittee shall be responsible for the protection of the public as follows:

(1)

Full Breakdown

City Code Section 96.03(A) requires any person proposing to work in the right-of-way to obtain a right-of-way use permit from the city of Rio Rancho, Sandoval County. Subsection (A)(1) defines 'work in the right-of-way' broadly: excavation, trenchless excavation, construction, or any activity requiring barricading, plus activities merely adjacent to the right-of-way that could reasonably be expected to encroach into it, such as storing excavation spoils, parking vehicles, or placing large equipment that causes a visual traffic distraction. Applications go through Public Works for capital projects or Development Services for other work, per Section 96.03(B).

Violations & Fines

Encroaching on the right-of-way without a permit violates Chapter 96; Section 96.07(C) authorizes fines of $100 to $500 per day per violation until the encroachment is corrected.

Frequently Asked Questions

Do I need a permit just to store materials next to the street?
Yes, if they could reasonably encroach into the right-of-way. Section 96.03(A)(1) covers spoils storage and parked equipment, not just digging.
Who issues the encroachment permit?
The Development Services Department for most work, or Public Works for city capital projects, per Section 96.03(B).

Sources & Official References

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