Bolthole Index

Chaves County, New Mexico

Building permits, zoning and land rules in Chaves County, New Mexico

30Index Score / 100
#30 of 33 in New Mexico

Chaves County, New Mexico requires building permits, with local plan review, inspections and permit issuance handled by the county under Building Code Ordinance No. 601. County zoning covers land outside the Roswell-Chaves extraterritorial zone and the municipal limits of Roswell, Dexter, Hagerman and Lake Arthur2. Septic permits and inspections go through the New Mexico Environment Department34.

At a glance

Building permit
Required; Chaves County provides local plan review, inspections and permit issuance1
Zoning
County zoning applies outside the Roswell-Chaves ETZ and the municipal limits of Roswell, Dexter, Hagerman and Lake Arthur2
Septic
A state Liquid Waste Permit and an uncovered installation inspection are required54
RV living
A temporary RV for care of an immediate family member requires a Special Use Permit under county zoning6
Accessory dwelling
Zone B allows one family's accessory living quarters, but not separate rental, lease, sale or business use7
Minimum lot size
New parcels in Area II must be at least 5 acres; other areas and districts differ8
Electrical permits
County applications and inspections are temporarily suspended; contact NMCID's Las Cruces office910
Owner-builder
A homeowner permit is limited to the owner's primary residence and does not waive permits or inspections11

Who to call

Planning & zoning

Chaves County Planning & Zoning Department

Building, zoning, addressing, and manufactured-home placement permits; administration of the county's zoning, subdivision, and flood damage prevention ordinances

575-624-6606

1 St. Mary’s Place, Suite #170, Roswell, NM 88203

Building permits

New Mexico Construction Industries Division - Las Cruces Office

Electrical permits and inspections for Chaves County while the county's own electrical permitting is suspended

575-524-6320

Roads & driveways

Chaves County Road Department

Issues permits for driveways, cattle guards, drainage culverts, and pipelines that cross or sit adjacent to county roads and rights-of-way

575-624-6610

1505 E Brasher Road, Roswell, NM 88203

Contact details are copied from each office’s official page and were checked against it on October 7, 2026.

Off-grid gear

Going off-grid in Chaves County means bringing your own water and power. The kit we’d start with:

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Do you need a building permit in Chaves County, New Mexico?

Yes. Chaves County provides local plan review, inspections and building-permit issuance under Building Code Ordinance No. 601. New Mexico's residential code covers detached one- and two-family dwellings statewide, with limited permit exemptions that include certain one-story accessory structures no larger than 120 square feet and fences no taller than 6 feet1213. An owner may use a homeowner permit for the owner's single-family primary residence, but the permit does not waive applicable codes or inspections, and the owner must complete the major portion of the work by dollar amount11. Chaves County has temporarily suspended electrical permit applications and inspections, so electrical work currently routes to the New Mexico Construction Industries Division's Las Cruces office910.

Who handles permits in Chaves County, and how do you reach them?

Start with the Chaves County Planning & Zoning Department at 1 St. Mary’s Place, Suite #170, Roswell, NM 88203, or call 575-624-66069. Confirm the building and zoning application requirements with that department because the available county material does not state the full general process. Electrical permits and inspections currently go to the New Mexico Construction Industries Division's Las Cruces office at 575-524-6320910. For a driveway, cattle guard, drainage culvert or pipeline crossing or adjoining a county road or right-of-way, contact the Chaves County Road Department at 1505 E Brasher Road, Roswell, NM 88203, or 575-624-661014. County-regulated RV parks also face specific entrance-width, spacing and paving standards15.

Does Chaves County have zoning?

Yes. Chaves County zoning applies outside the Roswell-Chaves County Extraterritorial Zoning Area and the municipal limits of Roswell, Dexter, Hagerman and Lake Arthur2. Roswell, Dexter and Hagerman have municipal zoning, while Roswell shares a two-mile extraterritorial zone with the county16. County land is divided into areas and Agriculture, Residential, Commercial and Industrial zones, so verify the parcel's map designation before relying on a dimensional rule17. In Area II, a new parcel must contain at least 5 acres, while Area I had no minimum size for new parcels and other districts can differ8. Zone A and Zone B residential lots have front and rear setbacks of at least 40 feet and side setbacks of at least 25 feet, with the front-yard measurement tied to road or survey lines18. Building height in those zones is capped by applicable FAA height regulations19.

How do septic permits work in Chaves County?

The New Mexico Environment Department, not Chaves County, handles onsite wastewater applications for Chaves County3. A regulated new or modified system requires a Liquid Waste Permit application with proof of ownership, a site diagram, bedroom or fixture information and supporting site details5. The published fee for a conventional system with design flow up to 1,000 gallons per day is $225, while system type and flow can change the charge20. After approval, request the state inspection 48 hours, or 2 business days, in advance and do not cover the system before inspection54. A homeowner may install a conventional system at the homeowner's personal residence after qualifying with the department, but not at a rental property21. Only 29.3% of Chaves County soils rate free of severe limitations for a conventional drain field, so test feasibility early22.

Can you live in an RV or tiny home on your land in Chaves County?

Under the county zoning ordinance's special-use provisions, a temporary second dwelling or RV on one parcel requires a Special Use Permit and is limited to caring for an immediate family member6. The county rule does not confirm broader temporary camping or full-time RV living, so ask the Planning & Zoning Department about the parcel and proposed duration before moving an RV onsite9. Within a county-regulated RV park, manufactured homes, mobile homes and conventional dwellings cannot be occupied for living purposes except as the park office or manager's residence23. Zone B allows accessory living quarters for one family, but not separate rental, sale or business use7. New Mexico recognizes a permanent-foundation tiny house with complete independent living facilities and no more than 400 square feet excluding lofts; a unit retaining its chassis and permanent axle is treated as an RV24.

Building a home in Chaves County: the steps, in order

  1. Ask the Planning & Zoning Department whether county zoning, a municipality or the Roswell-Chaves ETZ governs the parcel, then confirm its area and zone21617.
  2. Confirm building-permit, manufactured-home placement and floodplain requirements with Planning & Zoning before finalizing plans1259.
  3. If using a homeowner permit, document that the project is the owner's primary residence and plan to self-perform the major portion by dollar amount11.
  4. Route electrical permitting to the state Construction Industries Division's Las Cruces office while the county suspension remains in effect910.
  5. Apply to the New Mexico Environment Department for the septic permit, pay the applicable system fee after approval and leave the installation uncovered for inspection5204.
  6. Obtain a Road Department permit for work crossing or adjoining a county road or right-of-way14.

What should you check before buying land in Chaves County?

Confirm the governing zoning map first: county rules exclude the municipalities and the Roswell-Chaves ETZ, and county dimensional rules vary by area and district217. Confirm water rights and likely well yield because Chaves County averages 13.4 inches of precipitation annually and has experienced severe drought in about 48% of years2627. Test septic feasibility early because only 29.3% of county soils rate free of severe limits for a conventional drain field22. Chaves County has a Flood Damage Prevention Ordinance for mapped flood-hazard areas, so ask Planning & Zoning to determine the parcel's floodplain requirements259. Verify legal access and contact the Road Department before planning a driveway or other work along a county right-of-way14. The effective property-tax rate is about 0.6%, and the median annual property-tax bill is about $9152829.

Watch-outs

  • Chaves County has temporarily suspended electrical permit applications and inspections; electrical work currently goes through the state Construction Industries Division's Las Cruces office910.
  • Septic permit charges vary by system and design flow, and a reinspection carries a separate $125 fee20.
  • The reviewed RV rule covers a temporary RV used to care for immediate family under a Special Use Permit, but broader temporary camping or full-time RV occupancy could not be confirmed; ask the Planning & Zoning Department69.

Sources

  1. Chaves County Planning & Zoning - Building Permit Forms (2026 county census)
  2. Chaves County Zoning Ordinance, quoted and re-checked
  3. Liquid Waste Regulations, quoted and re-checked
  4. Homeowners Information, quoted and re-checked
  5. Apply for a Permit, quoted and re-checked
  6. Chaves County Zoning Ordinance, quoted and re-checked
  7. chavescounty.gov, quoted and re-checked
  8. Chaves County Zoning Ordinance, quoted and re-checked
  9. Chaves County Planning & Zoning Department (chavescounty.gov)
  10. New Mexico Construction Industries Division - Las Cruces Office (chavescounty.gov)
  11. 14.5.2 NMAC — Permits (New Mexico statewide rule), quoted and re-checked
  12. Rules, Laws, and Building Codes (New Mexico statewide rule), quoted and re-checked
  13. Building Permit Guide for Residential Construction (New Mexico statewide rule), quoted and re-checked
  14. Chaves County Road Department (chavescounty.gov)
  15. Chaves County New Mexico Zoning Ordinance No. 7 / RV Park provisions, quoted and re-checked
  16. Chaves County Zoning Ordinance No. 7, Revision No. 12, quoted and re-checked
  17. Chaves County Zoning Ordinance, quoted and re-checked
  18. chavescounty.gov, quoted and re-checked
  19. Chaves County Zoning Ordinance, quoted and re-checked
  20. Apply for a Permit, quoted and re-checked
  21. Homeowners Information, quoted and re-checked
  22. Share of soils USDA rates "not limited" for a conventional septic drain field (SSURGO). A strict rating: the median county is about 6% and a tenth of counties are 0%, so a low figure means most lots need a site evaluation or an engineered system, not that septic is impossible. Cite it only with that caveat: Bolthole Index county data
  23. chavescounty.gov, quoted and re-checked
  24. 14.7.3 NMAC — 2021 New Mexico Residential Building Code (New Mexico statewide rule), quoted and re-checked
  25. Chaves County Comprehensive Plan, quoted and re-checked
  26. Annual precipitation: Bolthole Index county data
  27. Share of years in severe drought: Bolthole Index county data
  28. Effective property tax rate: Bolthole Index county data
  29. Median property tax bill: Bolthole Index county data

Written October 7, 2026 from the rules quoted below, each taken from an official source and re-checked by an independent reviewer. This is research, not legal advice: rules change, so confirm with the office before you buy or build.

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Compared with neighboring counties

Like all 6 of its neighbors, Chaves County requires a building permit for a home.

RuleChaves CountyLea CountyEddy CountyLincoln CountyRoosevelt CountyDe Baca CountyOtero County
Building permitRequiredRequiredRequiredRequiredRequiredRequiredRequired
County zoningYesYesYesYesNot publishedNot publishedNo
Septic permitsNM Env. Dept.NM Env. Dept.NMEDNM Env. Dept.NMEDNMEDNM Env. Dept.

County locator

Chaves County in New Mexico

30
County map
Chaves County highlighted among the New Mexico counties · colored by Index score

How Chaves County scores

Seclusion86100% ev.
Self-Sufficiency1296% ev.
Admin Boringness4090% ev.
Durability25100% ev.
Property Autonomy38100% ev.
Carry Cost85100% ev.

Evidence strength: 97%. This reports direct-source completeness and fallback use; it is separate from the score and is not a confidence interval. How it works →

$172kTypical home
0.6%Property tax
$887Land / acre
13.4"Annual rain
48% of yrsSevere drought
31.4 / yr (+23.1)Mid-century 100°F days
39.3 daysMid-century dry spell
1.23" (+7.1%)Mid-century 1-day rain
1.21×Wildfire change factor
100%Forward climate coverage
$2,158Home insurance / yr
1.4% / yrInsurance growth
0.8%Nonrenewal rate
county median (2+ published ZIPs)Insurance basis
65,046People within 2 hr
114Radius comparison (15 mi)
10.5People / sq mi
32.7%Federal land
87%Land at 15% slope or less
29.3%Soils rated "not limited" for septic (strict USDA rating)
1,128,082 acWorkable land screen
1.1%Wooded land
0.8 tonsBiomass / forest ac
59.8°FAvg temp

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Cities and towns in Chaves County

Inside a city or town, that city usually issues building permits and sets zoning; the county’s rules above cover unincorporated land. Septic, wells and floodplain rules usually stay with the county or state everywhere.

Not yet researched: Town of Dexter · Town of Hagerman · Town of Lake Arthur

Answers from the rulebook for Chaves County

What the ordinances and state agencies actually say — one answer per question, each quoted from the official source and independently re-checked.

Chaves County rules

  • County-wide zoningPresent (with conditions)

    County zoning jurisdiction outside Roswell, Dexter, Hagerman, Lake Arthur, and the Roswell-Chaves County Extraterritorial Zoning Area.

    • The ordinance states that municipal limits and the Roswell-Chaves County Extraterritorial Zoning Area are excluded from this county zoning jurisdiction.
    • Uses must be permitted or conditional in the applicable zoning district.
    “This Ordinance applies to all of the territory within Chaves County that is not within the jurisdiction of the following municipalities:”
  • Local zoningVaries (with conditions)

    Aggregate local zoning across Chaves County, including county zoning areas and areas subject to separate municipal or extraterritorial rules.

    • This is an aggregate conclusion and does not mean Chaves County administers every municipal ordinance.
    • Parcel-specific zoning must be checked against the official zoning map and applicable municipality or extraterritorial authority.
    “The municipal limits of Roswell, New Mexico and extraterritorial limits of the Roswell-Chaves County Extraterritorial Zoning Ordinance as shown by the official maps;”
  • Zoning districtsPublished (with conditions)

    County zoning districts and district maps in the county zoning jurisdiction, excluding the municipal and extraterritorial areas identified in the ordinance.

    • The ordinance states zoning-map boundaries are integral to the ordinance and are on file with the County Clerk.
    • The county zoning ordinance identifies Areas I and II and zones A through D, with additional district or land-use areas shown on zoning maps.
    “Each area shall be further divided into zones, with the primary zone in each Area being Agriculture:”
  • Minimum lot sizeSpecified

    New parcels in Area II of Chaves County's county zoning jurisdiction.

    • The cited standard applies to new parcels created after adoption of the ordinance in Area II.
    • The comprehensive plan separately describes Area I as having no minimum size limits for new land parcels.

    minimum parcel area: >= 5 acres (Area II new parcels)

    “Any new parcels created after date of adoption of this Ordinance shall be limited to a minimum of five acres.”
  • SetbacksSpecified

    County Zone A and Zone B residential districts.

    • The front-yard measurement is tied to section lines, half-section lines, or road centerlines.
    • Other districts may have different setback or yard rules.

    front yard: >= 40 feet (measured from a line 50 feet from a section line, 40 feet from a half-section line, or 30 feet from a road centerline) · side yard: >= 25 feet · rear yard: >= 40 feet

    “There shall be a front yard having a depth of not less than forty (40) feet from a line that is: (1) fifty (50) feet from a section line; (2) forty (40) feet from a half-section line; (3) thirty (30) feet from the center line on any roads. 2. Side Yard. A side yard of at least twenty-five (25) feet. 3. Rear Yard. There shall be a rear yard having a depth of not less than forty (40) feet.”
  • Building heightSpecified

    Buildings regulated by the county zoning ordinance.

    • Single-, two-, and multiple-family dwellings may increase height by no more than 10 feet only when side and rear yards are increased by at least 5 feet.
    • Such structures may not exceed three stories.
    • Buildings within 750 feet of an airport may not exceed one and one-half stories or 25 feet.
    • Farm-building height in the Agricultural Zone is unrestricted unless another ordinance restricts it.

    additional dwelling height: <= 10 feet (Requires side and rear yards each increased by at least 5 feet) · airport-area maximum height: <= 25 feet (Within 750 feet of an airport)

    “No building exceeding one and one-half (1½) stories or twenty five (25) feet shall be erected within seven hundred and fifty (750) feet of any airport.”
  • Living in an RVLimited

    A temporary second residential dwelling unit or recreational vehicle on one lot or parcel in county zoning districts governed by the special-use provisions.

    • A Special Use Permit is required.
    • The use is limited to care of an immediate family member.
    • The ordinance separately identifies recreational vehicle parks in the Agriculture-Residential District as a special-use category.
    “A Special Use Permit may be allowed for the following uses: [...] A temporary second residential dwelling unit or Recreational Vehicle, on one lot or parcel of land for the care of an immediate family member.”
  • Manufactured homesProhibited

    Manufactured-home, mobile-home, and conventional dwelling occupancy for living purposes within county-regulated RV parks.

    • The prohibition has an exception for a park office or manager’s residence.
    • The claim is limited to RV parks and does not decide manufactured-home occupancy elsewhere in the county.
    “No manufactured homes, mobile homes, modified metal containers intended for dwelling purposes, or dwelling units of conventional construction shall be permitted for living purposes, with exception to a park office or manager’s residence.”
  • Accessory dwellingsAllowed (with conditions)

    Accessory living quarters in county Zone B residential districts.

    • Only one family may occupy the accessory living quarters on each lot.
    • The accessory quarters may not be rented, leased, or sold separately from the principal use.
    • The accessory quarters may not be used for conducting a business.
    • The source also lists accessory living quarters as a permitted accessory use in the residential zones.
    “Accessory building or accessory living quarters for use as guest house or domestic servants quarters. Accessory living quarters for only one (1) family may be provided on each lot, and may not be for rent, for lease, or for sale separated from the principal use, or for use involving the conduct of a business.”
  • Subdividing landRegulated (with conditions)

    Subdivision, replat, and vacation processes under Chaves County Subdivision Ordinance No. 51.

    • The comprehensive plan states the ordinance was adopted in 1973 and amended in 1997 to meet new state standards.
    • The ordinance provides procedures for preliminary, final, and summary subdivision plats, replats, and vacations of lots and streets.
    “Chaves County Subdivision Ordinance (Ordinance No. 51) - Adopted in 1973 and amended to meet the new State standards in 1997”
  • Driveway accessLimited

    Driveway access serving regulated RV parks in unincorporated Chaves County.

    • RV park driveway aprons accessing government-maintained public roads must be paved or concreted to match the existing road and maintained in good condition.
    • The ordinance also limits entrance spacing and entrance width, with a waiver process.

    maximum RV park entrance width: <= 60 feet (A waiver may apply to entrance spacing requirements.) · minimum entrance separation: >= 300 feet (Unless a waiver is granted by the County Planning Department and/or Board.)

    “The maximum width of the entrance(s) to RV Parks from the public street may be sixty (60) ft.”
  • Building in a floodplainLimited

    Development in mapped flood-hazard areas in Chaves County.

    • The Comprehensive Plan states that Chaves County adopted a Flood Damage Prevention Ordinance in 1983 and joined the National Flood Insurance Program.
    • The ordinance and FEMA maps control the applicable requirements.
    “Chaves County adopted the Flood Damage Prevention Ordinance”

New Mexico rules that apply here

  • Building permitRequired

    Buildings and structures regulated by the New Mexico Residential Code, including residential construction, alterations, repairs, additions, moves, improvements, removals, conversions, and demolitions, and state-administered commercial construction.

    • A permit must be obtained before covered work begins.
    • Residential exceptions include one-story detached accessory buildings used as tool or storage sheds, playhouses, and similar uses not exceeding 120 square feet; fences not over 6 feet high; specified retaining walls; certain water tanks, sidewalks, driveways, finish work, shallow prefabricated pools, playground equipment, window awnings, and detached decks.
    • Unless otherwise exempted, separate plumbing, electrical, and mechanical permits may still be required for otherwise exempted residential work.
    • Commercial applicants must be validly licensed with the appropriate license classification, submit the state building permit application, obtain any required city or county zoning approval, and pay the valuation-based fee before permit issuance.

    residential accessory-building exemption floor area: <= 120 square feet (One-story detached accessory buildings used as tool and storage sheds, playhouses, and similar uses.) · fence exemption height: <= 6 feet · water-tank exemption capacity: <= 5000 gallons (Height-to-diameter or width ratio must not exceed 2:1.) · detached-deck exemption area: <= 200 square feet (Deck must not be more than 30 inches above grade, must not be attached to a dwelling, and must not serve the required exit door.)

    “Except as specified in Section 105.2 IRC, no building or structure regulated by this code shall be erected, constructed, enlarged, altered, repaired, moved, improved, removed, converted, or demolished unless a permit has first been obtained from the building official.”
  • Owner-builder exemptionConditional

    A New Mexico property owner constructing or altering the owner’s single-family primary residence, including permitted appurtenant structures, under a homeowner’s permit.

    • The exemption is limited to construction or alteration of the owner’s primary residence; other use cancels the current permit and can result in denial of later homeowner permits.
    • The homeowner must comply with CILA, NMAC rules, applicable standards and codes, and may act as the general contractor only when the major portion of the work, based on dollar amount, is completed by the homeowner.
    • A permit is required for all construction-related work for which a permit is required by statute or rule; the rule does not exempt the owner-builder from state permitting or inspections.
    • Homeowner permits are limited to single-family dwellings and appurtenant structures such as private garages, carports and sheds, require proof of ownership, and are subject to AHJ approval.
    • The application requires an AHJ-approved application, signed and notarized responsibility sheet, acknowledgement of the homeowner-permit instructions, local zoning approval, floodplain determination, proof of identity and ownership, and payment of required fees.
    • Separate homeowner permits may be issued for general building construction, mechanical/plumbing and electrical work; each is limited to the primary residence and does not apply to rental property, other owned property, or commercial work or property.
    • The homeowner is responsible for requesting inspections, correcting code violations, and requesting re-inspections for a certificate of occupancy or final inspection. Subcontractors remain responsible for permits, inspections and corrections for plumbing, mechanical and electrical work they perform.
    • The homeowner may perform authorized work personally or with W-2 employees, or subcontract part of the work while self-performing a significant portion. Subcontracted work must be performed by licensed contractors who obtain their own permits and pass required inspections.
    • A homeowner permit is invalid for a project managed, supervised or acted on as general contractor by a GB-2 or GB-98 contractor; that contractor must obtain the appropriate permits and assumes responsibility for the site work.
    • Single-scope projects such as roofing or window installation are ineligible when subcontracted and not performed by the homeowner or valid W-2 employees.
    • Plumbing requires sufficient knowledge as determined by the TBC or CBO; a written examination with a minimum passing score of 75% may be required, failed examinations may not be repeated sooner than 30 days, and permitted plumbing work must be performed by the permittee.
    • Electrical work requires approved plans or drawings and a CID homeowner electrical exam with a minimum passing score of 75%; failed examinations may not be repeated sooner than 30 days, and permitted electrical work must be performed by the permittee.
    • A homeowner permit may not be issued for HVAC, natural gas or LP gas installations. HVAC and natural-gas work requires a properly licensed contractor and AHJ permitting and inspection; LP-gas work requires a properly licensed contractor and permitting and inspection through the LP gas trade bureau.
    • A homeowner-permit project may not be placed on the market for sale while under construction; doing so automatically voids the permit and may lead to unlicensed-contracting charges.
    • No more than one homeowner permit for a single-family dwelling may be issued to the same property owner within any 12-month period.
    • The cited rule section states an adoption/replacement date of March 10, 2022.

    homeowner electrical exam minimum passing score: >= 75 percent (Required after plan approval for issuance of a homeowner electrical permit.) · homeowner plumbing exam minimum passing score: >= 75 percent (The TBC or CBO may require the written examination.) · failed homeowner exam retest interval: >= 30 days (Failed plumbing and electrical examinations may not be repeated sooner.) · homeowner permits per single-family dwelling and property owner: <= 1 per 12 months

    “A homeowner permit allows homeowners to obtain permits for constructing or altering their primary residence without becoming a licensed contractor is strictly limited to construction and alteration of their primary residence. Any other use of a homeowner’s permit shall result in cancellation of the current homeowner permit and denial of any subsequent request for a homeowner permit. The homeowner licensing exemption requires conformity with CILA, its rules, standards and codes. This includes a homeowner acting as a general contractor for the project. The homeowner’s permit authorizes the homeowner to physically perform the work, alone or with legal employees, or act as a general contractor and subcontract portions of the work to licensed contractors. In order to qualify for the homeowner permit the major portion of the work to be performed, based on dollar amount, must be completed by the homeowner. A homeowner’s permit may only be issued to a property owner and only for the property owner’s primary residence occupied or intended to be occupied by the homeowner.”
    One more reviewed finding on this topic
    • Conditional — New Mexico homeowner installation of a conventional onsite liquid-waste system at the homeowner’s personal residence.
      “A qualified homeowner may apply for a permit to install or modify a conventional on-site liquid waste treatment and disposal system serving the qualified homeowner’s personal residence in accordance with Subsection C of 20.7.3.401 NMAC.”
  • Building code adoptedAdopted (with conditions)

    Commercial construction, alteration, relocation, enlargement, replacement, repair, equipment, use and occupancy, location, removal, and demolition of buildings or structures in New Mexico subject to the jurisdiction of the Construction Industries Division.

    • The 2021 New Mexico Commercial Building Code applies on or after July 14, 2023.
    • The rule does not apply when performed pursuant to a permit for which an application was received by CID before July 14, 2023.
    • Detached one- and two-family dwellings and multiple single-family dwellings (townhouses) not more than three stories high with separate means of egress, and their accessory structures, must comply with the 2021 New Mexico Residential Building Code instead.
    • Existing buildings not subject to the residential code undergoing a change of occupancy, repair, alteration, or addition must comply with either the commercial building code or the existing building code, as applicable.
    • The rule adopts the 2021 International Building Code by reference, as amended by the rule.

    effective date: 2023-07-14 (unless a later date is cited at the end of a section) · adopted reference code: 2021 International Building Code (as amended by 14.7.2 NMAC)

    “14.7.2.5 EFFECTIVE DATE: July, 14, 2023, unless a later date is cited at the end of a section. [...] 14.7.2.8 ADOPTION OF THE 2021 INTERNATIONAL BUILDING CODE: A. This rule adopts by reference the 2021 International Building Code, as amended by this rule.”
    2 more reviewed findings on this topic
    • Adopted (with conditions) — Detached one- and two-family dwellings, multiple single-family dwellings (townhouses) not more than three stories high with separate means of egress, and their accessory structures in New Mexico subject to the jurisdiction of the Construction Industries Division.
      “14.7.3.5 EFFECTIVE DATE: July 14, 2023, unless a later date is cited at the end of a section. From the date of publication of this rule in the New Mexico register, until December 14, 2023, permits may be issued under either the previously adopted rule, or this rule. After December 14, 2023, permits may be issued only under this rule. [...] A. This rule adopts by reference the 2021 International Residential Code, as amended by this rule.”
    • Adopted — Residential construction in New Mexico subject to the jurisdiction of the Construction Industries Division, including detached one- and two-family dwellings, qualifying townhouses, and their accessory structures.
      “This rule adopts by reference the 2021 International Residential Code, as amended by this rule.”
  • InspectionsRequired

    State-administered residential and commercial construction requiring building permits.

    • Residential inspections include foundation, concrete slab or under-floor, frame, weather-resistive barrier, and final inspection.
    • Final electrical, plumbing, and mechanical inspections must occur before the final general construction inspection.
    • The building official or Construction Inspector may require additional inspections to establish compliance with the New Mexico Building Code and other enforced laws.
    • Inspection requests require the permit number, inspection type, requestor contact information, and confirmation that work is complete and the permit is affixed near the front exterior door.
    “REQUIRED INSPECTIONS To request an inspection e-mail us at CID.lnspection@state.nm.us or call 505-222-9813 or 877-243-0979”
  • Tiny homesAllowed (with conditions)

    Tiny houses used as single dwelling units with complete independent living facilities and placed on a permanent foundation statewide in New Mexico.

    • The unit must provide permanent provisions for living, sleeping, eating, cooking, and sanitation.
    • The tiny house must comply with the New Mexico Residential Code and Appendix AQ.
    • Tiny houses constructed in New Mexico or transported into New Mexico must be inspected for compliance with New Mexico Residential Code requirements.
    • A tiny house on a chassis with a permanent axle is treated as a recreational vehicle and must meet recreational-vehicle codes and licensing requirements while the axle remains in place.
    • If axles are removed and the unit is placed on supports or a foundation, it must comply with the code requirements for tiny houses on a permanent foundation.
    • The rule applies to construction, use, and occupancy subject to the jurisdiction of the Construction Industries Division; construction not addressed in the residential code must comply with the New Mexico Commercial Building Code.

    maximum floor area excluding lofts: <= 400 square feet (The definition excludes loft area and excludes recreational vehicles.) · minimum habitable-space and hallway ceiling height: >= 6 feet 8 inches (Loft ceiling heights may be lower.) · minimum bathroom, toilet-room, and kitchen ceiling height: >= 6 feet 4 inches (None stated in the cited passage.)

    “This appendix shall be applicable to tiny houses used as single dwelling units providing complete independent living facilities for one or more persons”
  • Who permits septicState

    On-site liquid waste systems and effluent receiving 5,000 gallons or less per day and not requiring a discharge plan or NPDES permit.

    • 20.7.3 NMAC identifies the New Mexico Environmental Improvement Board as the issuing agency and defines the department as the New Mexico Environment Department.
    • More stringent city or county requirements may also apply.

    maximum regulated flow: <= 5000 gallons per day (Systems requiring a discharge plan under 20.6.2 NMAC or an NPDES permit are outside this part.)

    “20.7.3.1 ISSUING AGENCY: New Mexico Environmental Improvement Board.”
    One more reviewed finding on this topic
    • State (with conditions) — Onsite wastewater and septic regulation applicable in Chaves County.
      “Bernalillo County is the only county in New Mexico that has its own onsite wastewater ordinance.”
  • Septic permitRequired

    Installation or modification of a new or existing on-site liquid waste system, including residential or commercial units on lots for which such a system is required.

    • A permit issued by the New Mexico Environment Department, including payment of the permit fee, is required before construction or modification.
    • A permit is not required for graywater discharges or systems meeting 20.7.3.810 NMAC.
    • A dwelling may not be constructed, modified, or transported onto a lot requiring an on-site liquid waste system unless the department has issued the permit beforehand.
    • Other state, city, county, or federal approvals may also be required.
    • The department generally acts within 10 working days after a completed conventional-system application, subject to the rule's extension for potentially more stringent requirements.

    maximum regulated flow: <= 5000 gallons per day (20.7.3.2 NMAC scope limitation) · permit application completeness determination: 5 working days (Conventional systems) · conventional permit decision: 10 working days (After receipt of a completed application; review may extend to 20 working days when more stringent requirements may be necessary)

    “No person shall install or have installed a new on-site liquid waste system or modify or have modified an existing on-site liquid waste system, unless that person obtains a permit issued by the department, including payment of the permit fee, prior to construction of such installation or modification.”
    One more reviewed finding on this topic
    • Required — Installation or modification of onsite liquid-waste systems serving property in Chaves County.
      “Pay for Permit only after you are contacted by NMED to inform you that your permit was approved or approved with conditions. DO NOT SUBMIT PAYMENT BEFORE NOTICE OF APPROVAL.”
  • Septic inspectionLimited

    Property transfers involving property with an established on-site liquid waste system, subject to the applicable local exception for unincorporated Bernalillo County.

    • Before transfer, the transferor must have the established on-site liquid waste system evaluated.
    • The evaluation must be performed by an evaluator qualified under 20.7.3.904(B) using a department-approved form.
    • Unpermitted systems must be registered under 20.7.3.401(J) or permitted under 20.7.3.401(K).
    • Evaluators must submit copies of evaluation reports, whether completed or not, to the department within 15 days.
    • A permit or variance application must be submitted within 15 days of the evaluation to correct deficiencies or permit violations identified by the evaluation.
    • Advanced treatment systems and holding tanks have additional ownership-transfer, maintenance-contract, sampling, and permit-amendment requirements.
    • An inspection or evaluation performed within the prior 180 days may support an extension request if the permitted system has not been used since that inspection or evaluation.

    evaluation-report submission deadline: 15 days (Evaluators must submit copies of all reports, whether completed or not) · permit or variance application deadline after evaluation: 15 days (Applies when correcting deficiencies or permit violations identified by the evaluation) · possible evaluation extension lookback: 180 days (The system must not have been in use since the inspection or evaluation)

    “Prior to the transfer of a property with an established on-site liquid waste system, the transferor of the property shall have the system evaluated. Liquid waste systems shall be evaluated by an evaluator qualified in accordance with Subsection B of 20.7.3.904 NMAC utilizing a department approved form.”
    One more reviewed finding on this topic
    • Required — NMED final inspection of onsite liquid-waste systems, including qualified homeowner installations.
      “All Homeowner installations require an NMED final inspection.”
  • Off-grid sanitationLimited

    Privies, permitted on-site liquid waste systems, and qualifying private residential graywater discharges statewide.

    • A privy may dispose of human excreta and toilet paper but not other liquid wastes.
    • Untreated liquid waste must go to a permitted and approved enclosed system, permitted and approved treatment unit, or public sewer, except qualifying graywater.
    • Graywater under 250 gallons per day may be used for household gardening, composting, or landscaping irrigation only if all listed conditions are met, including no runoff, no spraying, no watercourse discharge, floodway exclusion, five-foot groundwater separation, local ordinance compliance, 24-hour storage limit, and specified well setbacks.
    • Graywater use for purposes other than irrigation or composting requires a department permit.

    private residential graywater discharge: < 250 gallons per day (Qualifying graywater discharge under 20.7.3.810 NMAC) · graywater setback from private domestic well: >= 100 feet · graywater setback from public water supply well: >= 200 feet · graywater storage before discharge: <= 24 hours

    “A privy may be used for the disposal of human excreta and toilet paper, but not for the disposal of other liquid wastes.”
  • Mandatory utility hookupConditional

    Residential and commercial units using an on-site liquid waste system when a public sewer is available and connection is required by the local authority with jurisdiction.

    • A public sewer is deemed available when it has capacity and is located in a thoroughfare, right-of-way, or easement abutting the lot.
    • The on-site system must be properly abandoned within 30 days after connection.
    • The state rule does not itself identify which local authority will require connection.

    abandonment deadline after sewer connection: 30 days

    “All residential and commercial units utilizing an on-site liquid waste system shall connect to a public sewer upon availability and if required in accordance with the local authority that has jurisdiction.”
  • Agricultural exemptionConditional

    Statewide agricultural exemption from the New Mexico Subdivision Act for the sale, lease, or other conveyance of a parcel of at least 35 acres.

    • The parcel must be thirty-five acres or larger.
    • The conveyance must occur within a twelve-month period covered by the statutory exception.
    • The land must have been used primarily and continuously for agricultural purposes, in accordance with Section 7-36-20 NMSA 1978, for the preceding three years.

    minimum parcel size: >= 35 acres · agricultural use duration: >= 3 years (land must have been used primarily and continuously for agricultural purposes in accordance with Section 7-36-20 NMSA 1978) · conveyance period: 12 months (within any twelve-month period)

    “the sale, lease or other conveyance of any parcel that is thirty-five acres or larger in size within any twelve-month period; provided that the land has been used primarily and continuously for agricultural purposes, in accordance with Section 7-36-20 NMSA 1978, for the preceding three years;”
    2 more reviewed findings on this topic
    • Conditional — New Mexico contractor licensing requirements for earthmoving, excavating, and ditching activities used in preparation or production of agriculture or maintenance of livestock on a farm or ranch.
      “earthmoving, excavating and ditching activities applicable to the preparation and production of agriculture or maintenance of livestock on a farm or ranch are exempt from licensing requirements.”
    • Conditional — Agricultural land divisions and conveyances that would otherwise fall within the New Mexico Subdivision Act definition.
      “provided that the land has been used primarily and continuously for agricultural purposes, in accordance with Section 7-36-20 NMSA 1978”
  • Permit feesPublished (with conditions)

    New Mexico liquid-waste permits applicable to Chaves County.

    • The fee schedule is identified as 20.7.11 NMAC and is labeled effective 07/01/2020 on the page.
    • Fees vary by system type and design flow.
    • The page states the table was prepared 4/9/20.

    conventional system up to 1,000 gpd: 225 USD (Effective 7/1/20) · reinspection fee: 125 USD (Effective 7/1/20) · unpermitted system inspection fee: 250 USD (Effective 7/1/20)

    “Conventional system, register, construct, or modify design flow up to 1,000 gpd | 7/1/20 | $225.00”
    One more reviewed finding on this topic
    • Variable (with conditions) — New Mexico Construction Industries Division permitting fees for covered construction work statewide.
      “Permitting Fees are based upon type of construction, square footage, type of materials and construction costs.”
  • Permit processPublished (with conditions)

    New Mexico liquid-waste permit applications applicable to Chaves County.

    • The application must include ownership proof, a site diagram, a residential floorplan showing bedrooms or commercial fixture information, and a plat or survey when needed.
    • The application is submitted to the local NMED Field Office.
    • Incomplete applications may delay the process.
    • Advanced Treatment Systems may require maintenance and sampling contracts and additional site documentation.
    • A denied or conditioned application may be appealed to the NMED Secretary within 15 working days after notice.
    “Submit to Local NMED Field Office for review”
    One more reviewed finding on this topic
    • Published (with conditions) — Construction Industries Division permit applications in New Mexico.
      “Permits can also be completed using our online permitting portal.”
  • county zoning authorityGeneral

    New Mexico counties adopting zoning for all or part of unincorporated territory outside municipal zoning jurisdiction.

    • A county zoning ordinance may apply only to territory not within the zoning jurisdiction of a municipality.
    • Municipalities may have concurrent extraterritorial zoning authority in specified areas, including areas near municipalities meeting statutory population thresholds and additional contiguous territory placed under municipal extraterritorial jurisdiction by county-municipal agreement.
    • Concurrent extraterritorial authority is exercised under an extraterritorial zoning authority or joint powers agreement and may be exercised regardless of whether the county has enacted a comprehensive zoning ordinance.
    • If no county zoning ordinance exists, qualified electors may petition for adoption; the petition must equal at least twenty-five percent of the votes cast for governor at the last preceding general election, and the board of county commissioners must adopt a county zoning ordinance within one year.

    minimum petition threshold: >= 25 percent of votes cast for governor at the last preceding general election · county ordinance adoption deadline after qualifying petition: 1 year

    “a county zoning authority may adopt a zoning ordinance applicable to all or any portion of the territory within the county that is not within the zoning jurisdiction of a municipality;”
    One more reviewed finding on this topic
    • General — New Mexico counties may adopt zoning ordinances for all or any portion of county territory that is not within a municipality's zoning jurisdiction.
      “A.  a county zoning authority may adopt a zoning ordinance applicable to all or any portion of the territory within the county that is not within the zoning jurisdiction of a municipality;”
  • county building authorityGeneral

    New Mexico counties that establish and maintain a building department for permitting and inspections of general construction, mechanical-plumbing, and electrical work, including residential construction in unincorporated areas.

    • CID retains statewide permitting and inspection authority unless a county, municipality, or political subdivision has a current building department providing permitting and inspections.
    • To establish and maintain a building department, the county must establish a full-service building department covering general construction, mechanical-plumbing, and electrical trades; employ a full-time certified building official; and employ sufficient CID-certified inspectors for each trade.
    • The county authority does not include liquefied petroleum work, over which CID has exclusive authority.
    • CID conducts all inspections if the county lacks a certified building official.
    • If the certified building official leaves, plan review, permitting, and inspections transfer to the state unless the county replaces the official within 60 days or a longer period approved by the division, or enters a memorandum of understanding with another county, municipality, or political subdivision.

    replacement period for certified building official: 60 days (A longer period may be approved by the division.)

    “In order to establish and maintain a building department allowing permitting and inspections the county, municipality or political subdivision must establish a full-service building department including general construction, mechanical-plumbing and electrical trades, must employ a full-time certified building official and employ sufficient CID certified inspectors to inspect for each trade.”
    One more reviewed finding on this topic
    • Limited — New Mexico counties that qualify as an authority having jurisdiction may administer permitting, inspection, and enforcement for residential construction in unincorporated areas and enforce applicable New Mexico construction codes.
      ““Authority having jurisdiction” “AHJ” means the state or a municipality, county or other political subdivision that has a full-service building department employing a full-time certified building official and has permitting, inspection and enforcement authority over the general construction, electrical and mechanical-plumbing trades within its jurisdiction.”

Still unanswered

We looked and could not find an official answer yet. Silence is not permission — ask the county directly.

  • Certificate of occupancy — General certificates of occupancy in Chaves County.
  • Minimum dwelling size — Minimum dwelling size in Chaves County.
  • Lot coverage — General lot coverage in Chaves County.
  • Camping on your land — Temporary camping outside specifically regulated RV parks in Chaves County.
  • Well permit — Private well drilling and use in Chaves County.
1 more unanswered
  • Short-term rentals

Each answer was extracted from an official source and independently re-checked against that source by a second reviewer. That is an evidence check, not legal advice. Rules change; confirm with the authority before you buy or build.

Water rights & wells in Chaves County

Whether a new home can legally get its own water here — the sub-state groundwater regime, from New Mexico’s water agency.

Over-appropriated / declining

The aquifer here is over-appropriated and declining. A domestic well is usually still permit-exempt, but long-term supply is a genuine risk.

Household wellPermit required (issued by right)

Nearly all developed New Mexico lies inside an OSE 'declared' underground water basin, but a household 72-12-1.1 domestic well is a by-right permit the State Engineer issues even in closed/over-appropriated basins (metering can be required). The by-right amount is cut to 0.25 acre-ft/yr in a declared Domestic Well Management Area, and a few basin-specific orders cap it further (Gallup Order 197, Zuni Order 199) or stop issuing new domestic permits entirely (Hot Springs Order 198).

Limit: 1 acre-ft/yr by right (NMSA 72-12-1.1); 0.25 acre-ft/yr in a declared Domestic Well Management Area

NM OSE domestic well rules, 19.27.5 NMAC ↗
  • Roswell Artesian Basinpartial of county

    Pecos-connected artesian/shallow aquifer 'closed for an indefinite period' to new appropriations (State Engineer Order 7, 1937) and adjudicated under the Lewis decree; a new home cannot get a non-domestic right, but a 72-12-1.1 household domestic well is still issued (often meter-waived).

    NM OSE Roswell Basin Guidelines (2005) ↗
  • Salt Underground Water Basin (Salt Basin)partial of county

    OSE-declared Article-7 groundwater basin; new non-domestic (72-12-3) appropriations require an OSE permit showing unappropriated water. The 72-12-1.1 household domestic well remains by-right — no Domestic Well Management Area is declared in New Mexico. Declared 2000 largely to assert OSE jurisdiction over a brackish interstate (NM-TX) aquifer under out-of-state pumping pressure.

    NM OSE Article 7 (Declared Underground Water Basins) ↗
  • Fort Sumner Underground Water Basinpartial of county

    OSE-declared Article-7 groundwater basin; new non-domestic (72-12-3) appropriations require an OSE permit showing unappropriated water. The 72-12-1.1 household domestic well remains by-right — no Domestic Well Management Area is declared in New Mexico. Pecos-system basin centered on De Baca County, administered under the Pecos River Compact.

    NM OSE Article 7 (Declared Underground Water Basins) ↗
  • Peñasco Underground Water Basinlocalized of county

    OSE-declared Article-7 groundwater basin; new non-domestic (72-12-3) appropriations require an OSE permit showing unappropriated water. The 72-12-1.1 household domestic well remains by-right — no Domestic Well Management Area is declared in New Mexico. Rio Peñasco/Sacramento drainage basin, connected to the Pecos system.

    NM OSE Article 7 (Declared Underground Water Basins) ↗

Prior-appropriation state (first in time, first in right). Groundwater rules change and basin boundaries follow the aquifer, not the county line — confirm current well and appropriation rules with the New Mexico state water agency before you buy or drill.Groundwater governance as of Jul 2026, cited to each administering agency.

Living off-grid in Chaves County, New Mexico

Is Chaves County a good place to live off-grid or homestead?

Chaves County scores 30/100 on the Bolthole Index, a weak county profile. Its strengths: deep seclusion — about 114 people within 15 miles and manageable long-term carry cost. Watch-outs: weak self-sufficiency basics: only 13.4″ of rain a year, in severe drought 48% of years and elevated mid-century heat, water, rain, or wildfire exposure.

Do you need a building permit in Chaves County, New Mexico?

Chaves County generally requires a residential building permit, and it enforces county zoning. Onsite septic is permitted by New Mexico Environment Department, Onsite Wastewater Bureau (Liquid Waste Program). Owner-builders may act as their own contractor to build their home. These answers are quoted from official sources and independently re-checked. Rules change and cities within the county differ — always confirm with the county before you buy or build.

How much does land cost in Chaves County, New Mexico?

Land in Chaves County runs about $887 per acre, based on the latest county data.

What is the water situation in Chaves County?

Chaves County gets about 13.4" of rain a year, with severe drought in roughly 48% of years. On water rights, Chaves County lies in the Roswell Artesian Basin — Pecos-connected artesian/shallow aquifer 'closed for an indefinite period' to new appropriations (State Engineer Order 7, 1937) and adjudicated under the Lewis decree; a new home cannot get a non-domestic right, but a 72-12-1.1 household domestic well is still issued (often meter-waived)..

How remote is Chaves County?

A typical private-land location has about 114 people within 15 miles and 284,852 within 100 miles. These radius catchments are the published fallback where road routing is unavailable.

How Chaves compares in New Mexico

Compare side-by-side →See all 33 New Mexico counties ranked →