Sandoval County, NM Sidewalk & Pedestrian Rules: Encroachment Permits (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.
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.
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?
What does the application require?
How deep must utility lines be buried under a road cut permit?
What's the penalty for cutting the road without a permit?
Sources & Official References
Other rules in Sandoval County
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