Encroachment Permit in Carlsbad, New Mexico

Carlsbad requires an encroachment permit for: Encroachment Permit Application (City form) identifying applicant, contractor, owner, location, type of encroachment, description of work and estimated cost, proposed working dates, and (if applicable) a detour/traffic control plan; 2 sets of project plans must be submitted with the application; A traffic control plan (TCP), in 3 sets, is required if any lanes of traffic will be closed or impeded during construction; An insurance certificate (General Liability, Automobile, GL Endorsement, or Waiver of Subrogation) must be attached for any work over $500 in value; alternatively a Worker's Comp Certificate or Worker's Comp Waiver Form; As-built GPS coordinates (NAD 27, beginning and end of project) must be recorded; All work must conform to the City of Carlsbad Infrastructure Specifications and the New Mexico Standard Specifications for Public Works Construction (and, within U.S./State/NMDOT right-of-way, the Standard Specifications for Highway and Bridge Construction); Permit requires sign-off/recommendation from Public Works, Utilities, and PER (Planning/Engineering/Regulation) before approval. If your project isn't listed, confirm with City of Carlsbad Planning, Engineering, and Regulation Department (self-administering, CID-certified building department) at (575) 885-1185 before starting work.

The application fee is $10.00, per the City's own Encroachment Permit Application form. A $4.00 Sewer Tap fee is added when the work includes a sewer tap. Source: City of Carlsbad Encroachment Permit Application and Permit Fee Listing reports.

Carlsbad does not publish a plan-review timeline for this permit. Contact City of Carlsbad Planning, Engineering, and Regulation Department (self-administering, CID-certified building department) at (575) 885-1185 for current turnaround.

You'll need: Encroachment Permit Application; Project Plans (2 sets). Depending on your project, Carlsbad may also ask for: Traffic Control Plan (3 sets); Insurance Certificate or Worker's Comp Certificate/Waiver. See the required-documents checklist on this page for details on each.

Carlsbad requires 1 inspection(s) for an encroachment permit, in order: Final. Schedule each through City of Carlsbad Planning, Engineering, and Regulation Department (self-administering, CID-certified building department) ((575) 885-1185).

Apply through City of Carlsbad Planning, Engineering, and Regulation Department (self-administering, CID-certified building department) at 114 S. Halagueno St., Carlsbad, NM 88220 (mailing: City Hall, 101 N. Halagueno St., Carlsbad, NM 88220). Phone: (575) 885-1185, email: Not published on the City's e-Government FAQ or permit forms; contact by phone at (575) 885-1185. Office hours: City Hall: 8:00 AM-5:00 PM, Monday through Friday. Official information: https://www.cityofcarlsbadnm.com/Departments/Planning-and-Regulation-Department.

Carlsbad, New Mexico has adopted: Unlike Alamogordo (which has no city building department and is enforced directly by the New Mexico Construction Industries Division, CID), the City of Carlsbad has exercised its statutory authority under N.M. Admin. Code 14.6.5.9(A)(2) and NMSA 1978 SS 60-13-8, 60-13-41, 60-13-42 to establish and maintain its own full-service building department covering general construction, mechanical-plumbing, and electrical trades. Per 14.6.5.9(A)(4), to establish and maintain such a department a municipality 'must employ a full-time certified building official and employ sufficient CID certified inspectors to inspect for each trade,' and 'has adopted the current minimum code standards as established by the [Construction Industries] commission' (14.6.5.8(D)(3)). Carlsbad's own Building Permit Application requires sign-off by 'Plans Checked and Approved by' the City's Building Official, and the City issues Building (Residential/Commercial/Homeowner), Electrical (Residential/Commercial), Plumbing (Residential/Commercial), Mechanical (Residential/Commercial), Encroachment, Sign, and Garage Sale permits directly, per the City's own monthly Building Activity Reports (Planning, Engineering, and Regulation Department, 114 S. Halagueno St.). Source: N.M. Admin. Code 14.6.5.9 (Building Officials), srca.nm.gov; City of Carlsbad Application for Building Permit form and monthly Permits-Issued-by-Type reports (egovlink.com/carlsbad e-Gov portal); As a self-administering NMAC 14.6.5.9 municipality, Carlsbad must enforce, at minimum, 'the current minimum code standards as established by the [Construction Industries] commission' -- i.e., the same statewide-minimum New Mexico codes CID enforces directly in non-certified jurisdictions such as Alamogordo and unincorporated Eddy County. As of this review the current CID-enforced code cycle (per CID's Building Permit Guide for Residential Construction, rev. 10/2024, and NMAC Title 14) is: 2021 New Mexico Commercial Building Code (based on 2021 IBC) -- NMAC 14.7.2; 2021 New Mexico Residential Building Code (based on 2021 IRC) -- NMAC 14.7.3; 2021 New Mexico Residential Energy Conservation Code -- NMAC 14.7.6 (effective 7/30/2024); 2021 New Mexico Commercial Energy Code -- NMAC 14.7.9 (effective 7/30/2024); 2021 New Mexico Existing Building Code -- NMAC 14.7.7; 2021 New Mexico Plumbing Code -- NMAC 14.8.2; 2021 New Mexico Mechanical Code -- NMAC 14.9.2; 2020 New Mexico Electrical Code (based on 2020 NEC) -- NMAC 14.10.4. Carlsbad's own Building Permit Application form separately confirms local enforcement of Flood Zone (A/AE/AH/AO/X), Energy Code, and Occupancy Group/Construction Type classifications at time of permit issuance. Source: N.M. Admin. Code Title 14 (srca.nm.gov); NM RLD/CID Building Permit Guide for Residential Construction, rev. 10/2024 (rld.nm.gov); The City's Code of Ordinances, Chapter 8 ('Buildings and Building Regulations'), is the local ordinance chapter under which building permitting and the City's Flood Damage Prevention Ordinance are codified. It was retrieved in full this pass via Municode's public content API (api.municode.com/CodesContent?nodeId=COOR_CH8BUBURE&productId=12431) -- all 70 sections reviewed. Sec. 8-1 adopts the New Mexico state-cycle codes 'as published, adopted, and amended by the State of New Mexico Administrative Code'; Sec. 8-26 references an older 1991 UBC adoption and Sec. 8-27 amends building-permit fees to 50% of UBC Table 3-A; Article V (Secs. 8-101 to 8-137) is the City's Flood Damage Prevention Ordinance. As codified, Sec. 8-1 still enumerates 2009/2014-edition code names, but by its own 'as amended by the state from time to time' language and NMSA 1978 SS 60-13-41/60-13-44, the operative statewide-minimum codes are the current NMAC 14.7-14.10 cycle Carlsbad must enforce. Chapter 8 contains no plan-review turnaround deadline for any trade. The City's permit-issuance practice, application forms, and fee reports (e-Gov FAQ, Building Permit Application PDF, monthly Building Activity/Fee Reports) independently corroborate the self-administration finding.; Confirmed department scope from the City's own e-Government FAQ (egovlink.com/carlsbad/faq.asp, 'BUILDING AND ZONING' section): 'Do I need a building permit? You will need a building permit if you are tearing out/putting up sheetrock, curb-cuts, roofing, shingles, windows, fences (even if repairing an old one), demolitions, storage sheds, garages, porches, new construction, cement slab, stucco, sewer tap inspections, etc.' and 'How do I get a building permit? You can apply for a building permit at the Planning, Engineering, and Regulation Department at City Hall. 575-885-1185. Fees are based on type of building or work being performed.'. Local amendments apply — see the Carlsbad overview page for the full list.