101 local rules on file · Pop. 38,338 · Bernalillo County
Showing ordinances that apply to South Valley, NM
South Valley is an unincorporated community with a population of approximately 38,338 in Bernalillo County, New Mexico. Because South Valley is not an incorporated city, it does not have its own municipal government or city code. Instead, Bernalillo County ordinances apply directly to residential and commercial properties here. The rules below are the county-level regulations that govern your area. Nearby incorporated cities in Bernalillo County may have different rules.
Intentional feeding of deer, bears, coyotes, javelina, and other wildlife is prohibited in Bernalillo County and Albuquerque under nuisance and public-safety provisions. NM Game & Fish Commission Rule 19.31.4 NMAC additionally prohibits feeding that habituates big game. Sandia foothills enforcement is active.
Bernalillo County Animal Care Ordinance (Chapter 6, §6-43) — animals must be restrained. Running at large is prohibited. Bernalillo County Animal Care Services enforces. Dogs must be under owner control at all times. Contact ACS at (505) 468-7387.
These unincorporated areas are also governed by Bernalillo County ordinances.
Bernalillo County has no breed-specific legislation at the county level. Animal regulations focus on behavior — dangerous or aggressive animals addressed regardless of breed. Note: some municipalities within the county (e.g., Tijeras) have their own breed bans.
Bernalillo County Animal Care Ordinance (Chapter 6, §6-47) — unlawful to allow an animal to persistently or continuously bark, howl, or make noise common to its species that disturbs the peace. Enforced by Bernalillo County Animal Care Services.
Bernalillo County has no leaf blower-specific ban. Gas-powered blowers are widely used in unincorporated areas. General noise and air quality rules apply, with extra scrutiny on fugitive dust under Albuquerque-Bernalillo County Air Quality Control Board rules.
Construction noise in unincorporated Bernalillo County is regulated under the county noise ordinance (Chapter 30, Art. IV) and general nuisance provisions. Building permits from County Planning & Development Services may include construction hour conditions.
Bernalillo County Code Chapter 30, Article IV (Noise) establishes noise regulations for unincorporated areas. State law NMSA §30-20-1 also applies — disturbing the peace is a petty misdemeanor with fines up to $500. County noise complaints handled by Bernalillo County Sheriff's Office.
Bernalillo County regulates amplified music under the general noise ordinance. Sound amplification permits available for events. NMSA §30-20-1 applies.
Albuquerque recognizes tiny homes on foundations as dwellings under IRC Appendix Q (200+ sq ft minimum) and allows them as ADUs under IDO §14-16-4-2(C). Tiny Houses on Wheels are regulated as RVs and may only occupy residential lots in limited circumstances. Bernalillo County follows CID/IRC rules.
ADU regulations in unincorporated Bernalillo County are governed by the county zoning code (Appendix A). Permitted uses and density vary by zone district and development area. Building permits required through County PDS. Contact (505) 314-0350 for specific zone requirements.
Carports require building permits in Bernalillo County and Albuquerque as accessory structures. ABQ IDO §14-16-5-5 setbacks typically require 5 ft side/rear and 20 ft front in R-1 zones, with lot coverage counting toward the zone maximum (usually 40-50%).
Garage conversions in unincorporated Bernalillo County require building permits and must comply with the county zoning code and NM residential building code. Converted space must meet habitable room standards. County PDS handles permits.
Small accessory structures in unincorporated Bernalillo County may not require permits depending on size and use. Larger structures need building permits. Flatwork like walkways generally does not require permits. Setback requirements per zone district apply.
The NM Homemade Food Act NMSA §25-4-1 through §25-4-10 allows sale of non-potentially-hazardous homemade foods directly to consumers with no annual revenue cap. Bernalillo County and Albuquerque permit cottage food operations as home occupations without additional local licensing.
Home daycares in Bernalillo County and Albuquerque require licensing by the NM Early Childhood Education and Care Department (ECECD) under 8.16.2 NMAC. Family Child Care Homes serve up to 6 children; Group Homes up to 12. Both are permitted uses in residential zones.
Home businesses in unincorporated Bernalillo County must comply with the county zoning code (Appendix A). County business registration required through Planning & Development Services. Zoning districts determine what commercial activities are permitted in residential areas.
Sign regulations in unincorporated Bernalillo County are governed by the county zoning code. Residential areas have restricted signage. Commercial signage is primarily allowed in commercial and industrial zones. Permits required for most signs.
Home businesses in unincorporated Bernalillo County must not alter the residential character of the area. Customer traffic must be compatible with the development area designation (Rural, Reserve, Semi-Urban, etc.). County zoning enforcement handles complaints.
Artificial turf is permitted in Albuquerque and Bernalillo County with no general ban. It counts toward the pervious/impervious calculation in new construction and must drain on-site per the ABCWUA Water Conservation Ordinance and ABQ Drainage Ordinance. HOAs generally cannot prohibit it for front yards under the Water Conservation Ordinance.
Rainwater harvesting is encouraged in Bernalillo County. New Mexico Office of the State Engineer permits residential collection without restriction. ABQ Water Utility offers rain barrel rebates up to $100. No plumbing permit required unless connecting to potable plumbing.
Albuquerque actively promotes native and xeric landscaping through the ABCWUA Xeriscape Rebate and the Water Conservation Ordinance §6-1-1-11 ROA, which caps high-water turf in new front yards. NM Prohibited Noxious Weed List (NMAC 21.17.2) requires removal of listed invasives.
Bernalillo County addresses nuisance vegetation through code enforcement. Overgrown weeds and vegetation creating fire hazards or health nuisances are citable. The county's development areas range from rural to urban with varying standards.
Unincorporated Bernalillo County does not have a specific tree removal permit requirement comparable to the City of Albuquerque. Property owners may remove trees on their own property. Development projects may require landscape plans through the zoning process.
Unincorporated Bernalillo County does not have a specific tree trimming ordinance comparable to the City of Albuquerque. Property owners are responsible for maintaining trees on their property. Fire safety vegetation management is recommended in WUI areas.
Much of unincorporated Bernalillo County is served by the ABCWUA, which enforces water budgets and irrigation schedules. Some areas use private wells. Xeriscaping encouraged; ABCWUA offers rebate programs. By NM law, HOAs cannot prohibit xeriscaping or rain barrels.
Bernalillo County enforces weed abatement. NM Noxious Weed Law applies statewide. Fire prevention concerns drive enforcement in arid areas.
Albuquerque and Bernalillo County encourage EV charger installation. The 2021 NM Energy Conservation Code adopted statewide requires EV-ready parking in new multifamily and commercial construction, and ABQ permit fees for residential Level 2 chargers are expedited through the One Stop Shop.
Bernalillo County Code §30 and Albuquerque §8-5-2-6 define abandoned vehicles as those left on public right-of-way for 72+ hours or inoperable vehicles stored visibly on private property. NM Abandoned Vehicle Act NMSA §66-3-1001 et seq. governs title processing for towed vehicles.
Bernalillo County and Albuquerque generally permit overnight on-street parking in residential areas, but vehicles may not remain in the same spot on a public street for more than 72 continuous hours under Albuquerque Traffic Code §8-5-2-6 and NM Motor Vehicle Code §66-7-351.
Parking in unincorporated Bernalillo County regulated under county ordinances and NM state traffic laws (NMSA §66-7-351 to §66-7-353). Many unincorporated areas have rural roads without curbing. Bernalillo County Sheriff enforces traffic laws.
Unincorporated Bernalillo County includes rural and semi-rural areas with larger lot sizes that generally accommodate RV storage. County zoning code (Appendix A) establishes parking requirements by zone. RVs must not obstruct public rights-of-way.
Driveway and parking surface requirements in unincorporated Bernalillo County vary by zoning district under Appendix A. Rural areas are generally more permissive. Flatwork such as walkways and driveways generally does NOT require a building permit.
Commercial vehicle parking in unincorporated Bernalillo County regulated by zoning code. Off-street loading/unloading requirements in Section 21 of Appendix A. Commercial activity restricted in residential zones. State traffic laws govern road use.
Bernalillo County requires property owners to abate hazardous weeds and combustible vegetation under the weed abatement ordinance. East Mountain WUI areas near the Sandia and Manzano foothills face stricter defensible space expectations from county fire officials.
Bernalillo County has no statewide or county-wide WUI mandate, but the East Mountain area (Tijeras, Cedar Crest, Sandia Park) and bosque-adjacent neighborhoods are high-risk. Bernalillo County Fire & Rescue enforces NMAC 19.15.30 (burn rules), seasonal Stage 1/2 fire restrictions, and defensible space recommendations under the NM Forestry Division framework.
Recreational fires in unincorporated Bernalillo County must comply with the International Fire Code as adopted in Chapter 34. Standard setbacks from structures required. During burn bans, recreational fires and campfires are prohibited except UL-listed appliances using kerosene, white gas, or propane in cleared areas.
Bernalillo County Code Chapter 34 (Fire Prevention) — fireworks prohibited in Wildland-Urban Interface (WUI) areas including East of Tramway Blvd, East Mountain Area, and within 1,000 ft of the Bosque. Aerial fireworks illegal statewide. Fire Code Official may seize illegal fireworks.
Bernalillo County Fire & Rescue regulates open burning in unincorporated areas. Dry weed piles max 3 ft diameter x 2 inches high allowed without permit. Burn hours 10 AM to 3 PM. Must call Open Burning Hotline (505) 468-7200 before burning. No burning of leaves, grass clippings, refuse, or waste.
The 2018 NM Residential Code as amended (IRC Appendix G) requires all residential pools and spas deeper than 24 inches to have a 48-inch minimum barrier with self-closing, self-latching gates. Albuquerque inspects barriers at final pool permit inspection under ABQ Building Safety.
Bernalillo County Zoning Ordinance allows wood, adobe, stucco, coyote, wrought iron, chain-link, and masonry fences in residential zones. Barbed wire and razor wire are restricted in residential zones. Traditional adobe and coyote fencing remain common throughout the county.
Albuquerque and Bernalillo County follow the 2018 NM Residential Building Code: retaining walls over 4 feet measured from bottom of footing to top of wall require a building permit and stamped engineered plans. Any wall supporting a surcharge requires engineering regardless of height.
New Mexico has no shared fence cost statute. Bernalillo County does not require neighbor consent for fences on your own property. NM is an open range state (NMSA §77-16-1). The county's rural and semi-rural areas have larger lots with more space between properties.
Bernalillo County zoning code (Appendix A) establishes fence and wall height limits by zone district. Fences over 6 feet require a zoning permit from County Planning & Development Services. The county zoning code addresses wall/fence height in various residential and commercial districts.
Bernalillo County requires a zoning permit for fences over 6 feet tall. County Planning & Development Services at 415 Silver SW, Albuquerque, NM 87102 handles fence permits. Contact (505) 314-0350 for requirements.
Bernalillo County and City of Albuquerque short-term rental permits require proof of liability insurance. Albuquerque ROO §14-16-4-2(L) mandates minimum $500,000 per occurrence; unincorporated county follows similar standards through the STR registration process under the county Zoning Ordinance.
Bernalillo County caps short-term rental occupancy at 2 persons per bedroom plus 2 additional guests, not to exceed 10 total. STRs in unincorporated areas follow County STR Ordinance (2023). City of Albuquerque sets 2 per bedroom + 2 under §4-14.
STR guests in unincorporated Bernalillo County must comply with the county noise ordinance (Chapter 30, Art. IV). Good Neighbor Agreement posted in each unit informs guests of noise rules. Gathering limits apply: max 2x overnight occupancy or 20 persons.
Bernalillo County STR operators pay 5% Lodgers' Tax, 1% Hospitality Fee, and NM Gross Receipts Tax (5.125%–8.6875% depending on location). Monthly reporting required. NM CRS tax ID from Taxation & Revenue Department required.
Unincorporated Bernalillo County requires STR operators to comply with county regulations. STR permit required with initial fee of $120 and annual renewal of $90. NM CRS tax ID required. County Assessor reclassified ~1,000 full-time STR properties as businesses for tax purposes.
STR properties in unincorporated Bernalillo County must provide adequate parking per the county zoning code (Appendix A, Section 21). Good Neighbor Agreement informs guests of parking rules. Off-street parking required per use type.
Bernalillo County requires a building permit for in-ground pools, spas, and above-ground pools over 24 inches deep. Plan review covers setbacks, barriers, GFCI electrical, and Middle Rio Grande Conservancy District water considerations.
Hot tubs and spas in Bernalillo County and Albuquerque require a CID or ABQ electrical permit for the 240V circuit, GFCI protection per NEC Article 680, and an ASTM F1346 safety cover or barrier per IRC Appendix G. Setbacks follow the zoning district.
Pool safety in unincorporated Bernalillo County follows NM Residential Code and International Building Code. Gates must open outward, be self-closing and self-latching. Vertical bar spacing max 4 inches. County building inspections apply.
Above-ground pools in unincorporated Bernalillo County require permits if over 24 inches deep. NM Residential Code defines pool as any structure over 24 inches deep. Barrier height measured from exterior grade. County PDS issues permits.
Bernalillo County requires building permits for swimming pools, spas, and hot tubs over 24 inches deep with capacity under 5,000 gallons. NM Residential Code (IRC Ch. 42) barrier requirements apply — minimum 48-inch barrier. County PDS handles pool permits.
Bernalillo County does not regulate residential holiday decorations beyond general sign, electrical, and noise rules. Displays exempt from sign permits under IDO §5-12(G). High desert wind and NM Night Sky Act still apply to lighting.
Bernalillo County permits political signs on private property under IDO §5-12 with a 6 sq ft limit in residential zones and 32 sq ft in commercial. NM Sign Act and First Amendment (Reed v. Gilbert, 2015) prohibit content-based restrictions. Signs in right-of-way are prohibited.
Bernalillo County permits temporary garage sale signs on private property under IDO §5-12. Off-premise signs in public right-of-way are prohibited per NMSA §67-7-10. Signs limited to 4 sq ft, maximum 3 days before/after sale.
Bernalillo County and Albuquerque have no specific garage sale hour restrictions. Sales must comply with ROA §9-9 noise ordinance — no amplified sound, and noise-sensitive activity between 10 PM and 7 AM triggers violation. Daylight hours (typically 7 AM to dusk) are standard practice.
Bernalillo County and Albuquerque do not require a permit for residential garage or yard sales. Signage must comply with ROA §14-16-5-12 (IDO sign regulations) and right-of-way rules. Commercial resale activity is treated as retail and requires business licensing.
Bernalillo County and Albuquerque impose no explicit numeric frequency limit on residential garage sales. Operating as ongoing retail triggers home-business and zoning enforcement under IDO §14-16-4-3. Courts treat sustained weekly sales as unlicensed commerce.
Bernalillo County requires an NPDES Construction General Permit for sites disturbing 1 acre or more and a County-approved erosion and sediment control plan (ESCP). Silt fence, stabilized entrances, and track-out controls are mandatory in the high-desert environment.
Bernalillo County is landlocked with no coastline, but the Rio Grande Bosque is the regulated equivalent. The Bosque Action Plan, Middle Rio Grande Conservancy District jurisdiction, and FEMA floodway rules control any development within the river corridor.
Bernalillo County enforces the Albuquerque Metropolitan Arroyo Flood Control Authority (AMAFCA) Drainage Ordinance and the joint City/County DPM. New development must produce a drainage plan showing 100-year storm containment. MS4 NPDES permit governs discharge to the Rio Grande.
Bernalillo County requires a grading permit for excavation or fill exceeding 50 cubic yards or any cut/fill over 4 feet, per the DPM and 2018 IBC Appendix J adopted by County Code. Drainage must be retained on-site; discharge to neighbors is prohibited.
Bernalillo County Code Chapter 38 (Flood) governs floodplain development in unincorporated areas. FEMA floodplain development permit required before construction in any SFHA. County Floodplain Administrator approval mandatory. AMAFCA manages regional flood control. South Valley significantly affected by flood zones.
Door-to-door solicitors in Albuquerque and unincorporated Bernalillo County need a peddler or solicitor permit with a background check. Religious and political canvassing are exempt under the First Amendment and NM case law.
Albuquerque and Bernalillo County honor posted No Soliciting signs as enforceable notices under the solicitor ordinance. Ignoring a posted sign or entering a fenced yard past a gate can be a citation or criminal trespass under NMSA §30-14-1.
Food trucks in Bernalillo County need a mobile food unit permit from the NM Environment Department Food Program plus a county or Albuquerque business registration. Annual vehicle inspection and commissary agreement are required.
Food trucks in Albuquerque operate in designated vending zones and approved private lots. Distance from restaurants, schools, and parks is regulated, and some districts like Downtown and Nob Hill have special zone rules.
Unincorporated Bernalillo County setbacks are governed by the County Zoning Ordinance (Chapter 74). Typical A-1/A-2 rural residential requires 30 ft front, 10 ft side, 25 ft rear. Albuquerque IDO (2018) governs setbacks within city limits.
Bernalillo County R-1 limits building coverage to 40% of lot area. Albuquerque IDO §14-16-2 caps R-1 at 40% and R-A at 30% to preserve the rural character of the North and South Valleys. Impervious surface limits also apply for stormwater management.
Bernalillo County residential zones cap structures at 26 to 30 ft under Chapter 74. Albuquerque IDO §14-16-2 sets R-1 at 26 ft, R-A at 26 ft with slope exceptions. Sunport airspace cones and Sandia Mountain viewshed add further restrictions.
Bernalillo County HOAs cannot effectively prohibit solar. The NM Solar Rights Act (NMSA §47-3-4 through -10) declares solar access a property right and voids any covenant that prevents installation. HOAs may impose only reasonable aesthetic review.
Bernalillo County requires electrical and building permits for solar PV installations through NM CID or the County Building Safety Division. Expedited SolarAPP+ permitting available. IBC fire setbacks (3 ft from ridge/eaves) apply.
ABQ ROA §14-16-6 (property maintenance provisions within the IDO) requires yards remain free of accumulated junk, debris, and outdoor storage. Garage sale items must be removed from public view after each day's sale. Repeat blight is actionable by Code Enforcement.
Albuquerque Solid Waste Management Ordinance §6-4 requires trash and recycling carts to be stored out of public view except 12 hours before and 12 hours after pickup. Bernalillo County unincorporated residents use private haulers or county contract service with similar screening rules in the County Code.
Bernalillo County Property Maintenance Ordinance prohibits blighted conditions on unincorporated parcels including peeling exterior paint, broken windows, structural deterioration, and accumulated junk. Written notice requires abatement within 15 to 30 days, with county abatement liens available under NMSA 1978 Section 4-37-1 home-rule authority.
Bernalillo County requires vacant lot owners to control weeds, tumbleweeds, and debris under its Weed and Litter Abatement Ordinance. Grass and weed growth over 8 inches triggers notice; the county may mow and bill under NMSA 1978 Section 3-18-5 lien authority. Albuquerque enforces parallel rules under ROA 1994 Section 9-8.
Bernalillo County (elevation 5,300 ft) receives modest snow averaging 9 to 12 inches per year, mostly transient. No formal snow-clearance deadline exists. ROA §6-5 requires sidewalks adjacent to property be kept clear of debris and hazards; snow and ice fall under general duty of care.
Bernalillo County prohibits light trespass under IDO §5-11(D). Maximum 0.1 foot-candle at a residential property line from any off-site light source. Enforcement is complaint-based via County Code Enforcement.
Bernalillo County enforces the New Mexico Night Sky Protection Act (NMSA §74-12-1 through -11), one of the nation's oldest dark-sky laws. All outdoor lighting over 150W incandescent equivalent must be fully shielded. IDO §5-11 adds local curfews and lumen caps.
Bernalillo County cannot enact rent control. NMSA §47-8A-1 (Rent Control Preemption, 1999) expressly prohibits any NM municipality or county from adopting rent control on private residential property. Market pricing applies throughout Albuquerque metro.
Bernalillo County follows the NM Uniform Owner-Resident Relations Act (NMSA §47-8). No just-cause requirement for non-renewal — 30 days' notice ends a month-to-month tenancy. Non-payment triggers a 3-day pay-or-quit; lease violations a 7-day notice.
Bernalillo County does not have a mandatory rental registration program for standard long-term rentals. Only short-term rentals and mobile home parks face registration. State law NMSA §3-18-32 permits but does not require local rental inspection programs.
Bernalillo County requires trash carts placed curbside with lids closed and 3 feet of clearance from obstructions. Carts must be removed within 24 hours after collection and stored out of view from the public right-of-way.
Bernalillo County Solid Waste Program provides weekly trash collection to unincorporated subscribers. City of Albuquerque residents receive twice-weekly service from the Solid Waste Management Department. Rural areas use convenience centers rather than curbside pickup.
Bernalillo County offers scheduled bulk item pickup and operates convenience centers for large items. Appliances must have refrigerant removed by a certified technician per EPA rules. Electronics and HHW go to the Advanced Resource Recovery Facility.
Bernalillo County and the City of Albuquerque operate curbside recycling for paper, cardboard, glass, metals, and plastics #1 and #2. Contaminated carts are tagged and skipped. Commercial recycling is required for large multi-family and commercial generators in Albuquerque.
Albuquerque designates 'Champion Trees' on public land but has no formal heritage tree program for private property. Historic cottonwoods in the Rio Grande Bosque and old-growth trees in Los Ranchos and Corrales receive informal recognition but limited legal protection.
Albuquerque requires replacement of street trees removed with permit, typically at 1:1 with a minimum 2-inch caliper xeric-adapted species from the approved list. Bernalillo County has no general private-property replacement requirement. Development projects trigger landscape code replacement.
Bernalillo County has no general private-property tree removal permit. Albuquerque ROA §6-6 protects street trees and park trees. Cottonwoods in the Rio Grande Bosque and on Open Space are protected. Private yard tree removal is generally unregulated.
New Mexico Cannabis Regulation Act (2021) allows adults 21+ to grow up to 6 mature and 6 immature plants per person (12 total mature per household with 2+ adults). Plants must be in locked, enclosed space not visible from public. Bernalillo County adds no stricter local cap.
Albuquerque IDO (amended 2021) allows licensed cannabis retail in most commercial and mixed-use zones with a 300 ft buffer from K-12 schools and daycare (NMSA §26-2C-14). Bernalillo County allows retail in C-1 and C-2 with similar buffers. Local licensing on top of state Cannabis Control Division approval.
Recreational drones in Bernalillo County follow FAA rules with strict airspace restrictions around Albuquerque International Sunport, Kirtland AFB, and Petroglyph National Monument. Most of the Albuquerque metro sits in controlled airspace requiring LAANC authorization.
Commercial drone operators in Bernalillo County need an FAA Part 107 certificate plus LAANC authorization for flights in Sunport and Kirtland AFB Class C airspace covering most of the Albuquerque metro. Waivers required for night, over-people, or BVLOS operations.
City of Albuquerque enforces a juvenile curfew for minors under 18 under ROA 1994 §12-2-22. School-night curfew is 11 PM to 5 AM and weekend curfew is midnight to 5 AM. Bernalillo County unincorporated areas rely on NM Children's Code.
Bernalillo County Open Space and park areas close from sunset to sunrise unless signage or permit allows otherwise. City of Albuquerque parks close 10 PM to 6 AM under ROA 1994 §10-1-1-4. After-hours presence is a petty misdemeanor.