Accessory Dwelling Unit (Secondary Dwelling Unit / Accessory Living Quarters) in Unincorporated Bernalillo County, New Mexico

Unincorporated Bernalillo County requires an accessory dwelling unit (secondary dwelling unit / accessory living quarters) permit for: SDU: permissive use (building permit only) if all site requirements are met — must be stick-built or modular on a permanent foundation (not a mobile/manufactured home, park model, or RV); cannot exceed 1,000 sq ft or 50% of the primary dwelling's square footage, whichever is smaller; must be at least 10 ft from other structures; must be connected to sewer or septic per Natural Resource Services; SDU maximum separation distance from primary dwelling based on lot size: 35 ft (lot ≤0.5 acre), 40 ft (0.5–1 acre), 50 ft (≥1 acre) — exceeding this requires a Conditional Use Permit; SDU setbacks by zone: R-1/M-H — front 20 ft, side 7 ft (or 8/6 ft), rear 15 ft; A-1/A-2 — front 25 ft, side 10 ft, rear 25 ft; ALQ: permissive use up to 500 sq ft; may include a bathroom but CANNOT include a stove or a gas/electrical connection for a future stove; can only be occupied by 2 people and cannot be separately rented; only one ALQ per property; if the structure containing the ALQ exceeds 600 sq ft in R-1/R-2/M-H zones, a Conditional Use Permit is required (no size limit on the accessory structure in A-1/A-2, though the 500 sq ft ALQ limit still applies); ALQ setbacks: front yard setback matches the primary dwelling's zone requirement; side and rear yard setback is 5 ft; must be at least 10 ft from other structures; A property may not simultaneously have an SDU, an ALQ, a second kitchen, AND a mobile home for medical hardship — only one of these housing options is permitted per lot; A building permit is required in addition to zoning approval for all of these housing types. If your project isn't listed, confirm with Bernalillo County Planning & Development Services — Building Services (Building Safety Division) at (505) 314-0351 (Building Services / Inspection Line); (505) 314-0350 (Planning & Development Services main line / Permitting & Development Center) before starting work.

There is no separate ADU fee category — SDU/ALQ construction is priced under the standard Resolution 25-2009 Table 3-A building permit fee ($30 + $4/$1,000 valuation) and plan review fee ($30 + $2/$1,000 valuation), the same as any other residential structure.

Plan review for an accessory dwelling unit (secondary dwelling unit / accessory living quarters) permit in Unincorporated Bernalillo County typically runs 5–10 business days. This is an estimate, not a published figure — confirm current review times with Bernalillo County Planning & Development Services — Building Services (Building Safety Division) at (505) 314-0351 (Building Services / Inspection Line); (505) 314-0350 (Planning & Development Services main line / Permitting & Development Center).

You'll need: Site Plan (to scale); Building Permit Application; Full Construction Plans. Depending on your project, Unincorporated Bernalillo County may also ask for: Conditional Use Permit Application. See the required-documents checklist on this page for details on each.

Unincorporated Bernalillo County requires 4 inspection(s) for an accessory dwelling unit (secondary dwelling unit / accessory living quarters) permit, in order: Foundation, Framing, MEP Rough-In, Final. Schedule each through Bernalillo County Planning & Development Services — Building Services (Building Safety Division) ((505) 314-0351 (Building Services / Inspection Line); (505) 314-0350 (Planning & Development Services main line / Permitting & Development Center)).

Apply through Bernalillo County Planning & Development Services — Building Services (Building Safety Division) at 415 Silver Ave SW, 2nd Floor, Albuquerque, NM 87102. Phone: (505) 314-0351 (Building Services / Inspection Line); (505) 314-0350 (Planning & Development Services main line / Permitting & Development Center), email: permits@bernco.gov (Building Services); zoning@bernco.gov (Planning & Development Services main). Office hours: Monday–Friday 8:00 AM – 4:30 PM (Building Services page separately lists 8–5 p.m.; the FAQ and Residential Building Packet both confirm 8:00 AM–4:30 PM for permit submittal). Official information: https://www.bernco.gov/planning/building-services/.

Unincorporated Bernalillo County, New Mexico has adopted: Bernalillo County Building Ordinance, Ordinance No. 2024-8 (adopted August 13, 2024; repeals and replaces prior Ordinance 2009-5) — Bernalillo County Code Chapter 10, Article II — GOVERNANCE MODEL: Bernalillo County operates its OWN Local Enforcement Agency (the Planning & Development Services Building Program, headed by a County Certified Building Official) for the unincorporated area, rather than defaulting to the New Mexico Construction Industries Division (CID) for plan review/inspection. However, Sec. 10-34 of the ordinance expressly adopts BY REFERENCE 'the current codes adopted by the State of New Mexico Construction Industries Division,' amended by the county's own Exhibit A amendments — so the substantive code editions in force track whatever CID has currently adopted statewide, layered with Bernalillo County-specific amendments.; International Building Code (IBC), including Appendix Chapters B, C, E, H, I, and J — adopted by reference to the current CID-adopted edition, per Ordinance 2024-8 Sec. 10-34(1); International Residential Code (IRC), including Appendix Chapters G, H, and K — adopted by reference to the current CID-adopted edition, per Ordinance 2024-8 Sec. 10-34(2); International Existing Building Code (IEBC), as published by ICC — Ordinance 2024-8 Sec. 10-34(3); International Energy Conservation Code (IECC) — Ordinance 2024-8 Sec. 10-34(4). NM CID's Construction Industries Commission voted to adopt the 2021 IECC/energy code family (per CID's own 2024 press release 'Construction Industries Commission votes to adopt new energy-efficient building codes' and CID's 2021 Residential Energy Code Fact Sheet), which is the edition presently in force through this reference chain.; New Mexico Earthen Building Materials Code — CID-adopted, effective July 1, 2011 — Ordinance 2024-8 Sec. 10-34(5); New Mexico Non-Load Bearing Straw Construction Building Standard — CID-adopted, effective July 1, 2011 — Ordinance 2024-8 Sec. 10-34(6); International Property Maintenance Code (IPMC), as published by ICC — Ordinance 2024-8 Sec. 10-34(7); Uniform Mechanical Code (UMC), as published by IAPMO (International Association of Plumbing and Mechanical Officials) — Ordinance 2024-8 Sec. 10-34(8). NOTE: Bernalillo County uses the IAPMO Uniform Mechanical/Plumbing/Solar/Pool code family rather than the ICC's IMC/IPC/IFGC family used by many other states.; Uniform Plumbing Code (UPC), as published by IAPMO — Ordinance 2024-8 Sec. 10-34(9). The county's own homeowner plumbing-test materials (Homeowners Plumbing/Electrical/Mechanical Work page, bernco.gov) cite the 2015 IAPMO Uniform Plumbing Code as the current test/reference edition in practice.; National Electrical Code (NEC), as published by NFPA — Ordinance 2024-8 Sec. 10-34(10). NOTE: The county's own Homeowners Electrical Exam information sheet (Electrical-HomeOwners-exam-info, rev. 8/2025) specifies the only code books permitted for the county's homeowner electrical exam are the '2020 N.E.C., 2020 N.M.E.C. [New Mexico Electrical Code], and the most current Bernalillo County Ordinance' — indicating 2020 NEC is the edition in practical current use for that exam, even though the ordinance text itself does not hard-code an edition year.; New Mexico Electrical Safety Code, as adopted by CID, effective January 1, 2008 — Ordinance 2024-8 Sec. 10-34(11); Uniform Swimming Pool, Spa and Hot Tub Code, as published by IAPMO — Ordinance 2024-8 Sec. 10-34(12); Uniform Solar Energy Code, as published by IAPMO — Ordinance 2024-8 Sec. 10-34(13); Bernalillo County amendments to the above International/Uniform/New Mexico codes are compiled as Exhibit A to Ordinance 2024-8 and together with the base codes are termed the 'Uniform Construction Codes of Bernalillo County,' controlling within the unincorporated area.. Local amendments apply — see the Unincorporated Bernalillo County overview page for the full list.

Yes, under two distinct categories: a Secondary Dwelling Unit (SDU/casita, up to 1,000 sq ft with a full kitchen and bath) and an Accessory Living Quarters (ALQ, up to 500 sq ft with a bath but no stove). Both are permissive uses (building permit only) in the A-1, A-2, R-1, R-2, and M-H zones if all site/setback/separation criteria are met; otherwise a Conditional Use Permit is required.