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

County Code § 94.027, 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. Because § 94.015 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. Under § 94.032, the permit fee is $75 for each proposed activity and for a permit covering up to 250 lineal feet; work beyond 250 lineal feet costs an added $0.15 per lineal foot, and drilling a bell hole for a pole adds $20 per hole.

A road cut permit under § 94.027(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.