Valencia County, NM Sidewalk & Pedestrian Rules: Encroachment Permits (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.
(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?
How much does a Valencia County right-of-way permit cost?
Can I do emergency repair work in the right-of-way before getting a permit?
What happens if I don't get a permit?
Sources & Official References
Other rules in Valencia County
Compare Valencia County to another location·View the New Mexico sidewalk & pedestrian rules overview
See something wrong?
Help us keep this page accurate. If you notice an error or outdated information, let us know.