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Valencia 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
Road cuts, boring, right-of-way use
Issuing office
Public Works Department
Review time
5 days for complete application
Base permit fee
$75 up to 250 lineal feet
Overage fee
$0.15 per lineal foot beyond 250 feet
Emergency filing window
2 business days after the fact

Summary

Anyone who wants to cut, bore or otherwise use a public road right-of-way in unincorporated Valencia County, including work near or beneath a county sidewalk, must first obtain a road cut and right-of-way use permit from the Public Works Department under County Code § 94.027. The county reviews complete applications within 5 days and charges a set fee schedule before work can begin.

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

(1) Every person desiring to make a road cut, bore or utilize public right of way is required to obtain a permit. In addition, a National Pollutant Discharge Elimination System (NPDES) permit may be required. The applicant must be licensed and bonded, or the applicant must be a utility company or an agent for the utility company. ... (2) No person shall make any road cut on public property or utilize public rights-of-way until the person or designated agent obtains an appropriate permit from the county, except in an emergency.

Full Breakdown

027, part of the Road Cut and Infrastructure Placement Subchapter of the Road Ordinance, requires anyone who wants to make a road cut, bore, or otherwise utilize public right-of-way in unincorporated Valencia County to first obtain a permit from the Public Works Department. 015 places county sidewalks within the road right-of-way, any private encroachment into that space, from a utility trench to a driveway cut, is a right-of-way use subject to this permit. The applicant must be licensed and bonded, or be a utility company or its agent; a private party who does not meet that standard must instead follow guidelines the Public Works Department sets.

Written applications go to the Public Works Director, who has 5 days to review and process a complete submission unless the applicant is told a longer review is needed. No one may perform the work until the permit issues, except in a true emergency, when the person may proceed immediately but must notify the county by phone and file a written application within 2 business days describing the emergency and the repairs made. 15 per lineal foot, and drilling a bell hole for a pole adds $20 per hole.

027(D) authorizes only the single cut specified, up to 600 lineal feet of parallel excavation along a roadway, and the site cannot be left with an open trench unattended.

Violations & Fines

Cutting, boring or otherwise using county right-of-way without the § 94.027 permit is a Chapter 94 violation under § 94.999, punishable by a fine of up to $300, up to 90 days in jail, or both; disposing of refuse, litter or garbage on the right-of-way outside an authorized landfill carries a separate fine of up to $1,000.

Frequently Asked Questions

Do I need a permit to dig near a county sidewalk in Valencia County?
Yes. County sidewalks sit within the road right-of-way under § 94.015, so any cut, bore or other use of that right-of-way needs a permit from the Public Works Department under § 94.027 before work starts.
How much does a Valencia County right-of-way permit cost?
Section 94.032 sets a base fee of $75 covering each proposed activity and up to 250 lineal feet of work. Excavation beyond that distance costs an additional $0.15 per lineal foot, and drilling a bell hole for a utility pole adds $20 per hole.
Can I do emergency repair work in the right-of-way before getting a permit?
Yes. Section 94.027(A)(2) lets you proceed immediately in a genuine emergency, but you must notify the county by phone right away and file a written application within 2 business days describing the emergency and the repairs performed.
What happens if I don't get a permit?
Working in county right-of-way without the required permit is a violation of § 94.999, carrying a fine of up to $300, up to 90 days in jail, or both for each violation.

Sources & Official References

Other rules in Valencia County

All Valencia County rules

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