Accessory Dwelling Unit (Secondary Dwelling Unit / Accessory Living Quarters) in Unincorporated Bernalillo County, New Mexico
VerifiedBernalillo County does not use the term 'ADU' — it recognizes a Secondary Dwelling Unit (SDU, locally called a 'casita': a detached second dwelling with a full kitchen and bathroom) and an Accessory Living Quarters (ALQ: a detached living space with a bathroom but no kitchen/stove), per the county's Multi-Generational & Property Owner Housing Options brochure (updated April 2025). Both are available in the A-1, A-2, R-1, R-2, and M-H zoning districts.
Verified 2026-07-02 · Source
When you need this permit
- 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
Required documents
- Required
Site Plan (to scale)
Must show ALL existing and proposed buildings, structures, property dimensions, and site conditions — required for both permissive-use building permit applications and Conditional Use applications
- Required
Building Permit Application
Bernalillo County Building Permit Application (Residential Building Packet) once zoning entitlement is confirmed
- Optional
Conditional Use Permit Application
Required only if the SDU/ALQ does not meet the permissive-use criteria (e.g., lot too small, separation distance exceeded, setback not met, or ALQ structure over 600 sq ft in R-1/R-2/M-H); subject to Zoning Administrator discretionary approval, public notice, and a public hearing
- Required
Full Construction Plans
Complete floor plan, elevations, structural details per the Residential Building Packet requirements
Fee schedule
| Fee type | Amount | Notes |
|---|---|---|
| Building Permit Fee (valuation-based) | $30.00 plus $4.00 per $1,000.00 of valuation | Resolution 25-2009, Table 3-A — SDU/ALQ construction is permitted and fee-calculated as standard residential construction; no separate ADU fee line item exists in the fee resolution |
| Building Plan Review Fee | $30.00 plus $2.00 per $1,000.00 of valuation | Resolution 25-2009, Table 3-A |
Review timeline
~5–10 business days
Typical estimate — confirm current times with the Unincorporated Bernalillo County building department
Inspection process
- 1
Foundation
Footings, forms, rebar before concrete pour
- 2
Framing
Structure, fire separation, egress
- 3
MEP Rough-In
Mechanical, electrical, plumbing rough-ins before walls closed
- 4
Final
All work complete, smoke/CO detectors installed
Tips
- Bernalillo County's terminology differs from most jurisdictions: what other places call an 'ADU' splits into two distinct county-defined categories (SDU vs. ALQ) with materially different kitchen rules, size caps, and setbacks — check both definitions before designing.
- All building space under the same roof (e.g., an attached garage) counts toward SDU square footage even without an interior door connection, but does NOT count toward ALQ square footage if there's no connecting door — a key distinction when sizing the structure.
- A Temporary Mobile Home for Medical Hardship (3-year renewable Conditional Use Permit, not on a permanent foundation) is a fourth multi-generational housing option requiring a licensed physician's letter attesting to the resident's need for assistance.
- Contact Planning & Development Services at (505) 314-0350 to confirm zoning entitlement before submitting a building permit application.
Frequently asked questions
- Does Bernalillo County allow ADUs?
- 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.
- How much does an SDU or ALQ permit cost in unincorporated Bernalillo County?
- 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.
Sources & verification
Verified against official sources. Last reviewed 2026-07-02.
- Bernalillo County Planning & Development Services — Building Services (Building Safety Division) — official building department
- Bernalillo County Multi-Generational & Property Owner Housing Options brochure (updated April 2025)
- Bernalillo County Homeowner Projects & Permits
- Bernalillo County Administrative Resolution 25-2009 — Table 3-A
Fees, timelines, and adopted codes are researched from each jurisdiction's published records — see how we verify. Requirements change and vary by project, so always confirm the current details with the Unincorporated Bernalillo County building department before you submit. PermitBase is an independent reference and is not affiliated with any government agency.
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