Bolthole Index

Colfax County, New Mexico

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

50Index Score / 100
#7 of 33 in New Mexico

Unincorporated Colfax County, New Mexico has no county building department, so the New Mexico Construction Industries Division issues building permits for covered residential construction1. Zoning is not countywide: the county lists a Raton-Colfax County extraterritorial zoning ordinance for one area, and cities may zone inside their own limits23. Septic permits for any address come from the New Mexico Environment Department, not the county4.

At a glance

Building permit
Required for covered work; issued by New Mexico CID because Colfax County has no building department1
Zoning
Not countywide: a Raton-Colfax extraterritorial zoning area and city zoning; confirm which covers the parcel523
Septic permit
Required from the New Mexico Environment Department for a new or modified onsite system4
RV living
Long-term occupancy on private land is unconfirmed; ask the authority governing the parcel5
Tiny home
A permanent-foundation tiny house is allowed statewide when it meets the residential code and Appendix AQ6
Owner electrical work
Conditional homeowner permit available after plans, an application and the required CID exam7
Water well
A State Engineer permit is required before drilling8

Who to call

Building permits

New Mexico Construction Industries Division — Santa Fe Office

State building permits and inspections where no local building department has jurisdiction

(505) 476-4700

2550 Cerrillos Road – 3rd Floor, Santa Fe, New Mexico 87505

Online permits →

Septic permits

New Mexico Environment Department — Raton Field Office

Local NMED field-office contact for liquid-waste and onsite-wastewater questions

575-445-3621

Raton.ehb@env.nm.gov

1277A S 2nd Street, Raton, NM 87740

Online permits →

Roads & driveways

Colfax County Road Department

Permission for work within Colfax County-maintained rights-of-way and county driveway, culvert and encroachment forms

(575) 445-8292

207 Copper Ave, Raton, NM 87740

Contact details are copied from each office’s official page and were checked against it on October 9, 2026.

Off-grid gear

Going off-grid in Colfax 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 Colfax County, New Mexico?

Yes. Covered residential construction in unincorporated Colfax County requires a permit from the New Mexico Construction Industries Division because Colfax County has no county building department1. State rules require permits for covered construction work but include exceptions for specified accessory structures and other limited work; separate mechanical, plumbing and electrical rules may still apply9. Colfax County homes under state jurisdiction are governed by the adopted New Mexico construction codes, including the New Mexico Residential Building Code for covered residential projects10. Permitted work is inspected according to its project and permit type, and homeowners using homeowner permits must request required inspections and re-inspections11. A building generally cannot be occupied until a certificate of occupancy or an approved final inspection authorizes occupancy12.

Who issues Colfax County building permits, and how do you reach them?

The New Mexico Construction Industries Division, rather than a Colfax County building department, handles residential building permits where the state has jurisdiction1. The CID Santa Fe office is at 2550 Cerrillos Road – 3rd Floor, Santa Fe, New Mexico 87505, and its phone number is (505) 476-470013. CID also provides an online permitting portal14. A complete homeowner building-permit package includes planning and zoning approval, the state application, two complete plan sets and the permit fee; CID states that it issues a permit within five working days after receiving a complete package15. Once permitted, residential work receives foundation, slab or under-floor, frame, weather-resistive-barrier and final inspections, with trade finals completed before the final general-construction inspection16. Approval from the appropriate authority is also required before a utility, energy, fuel or power source is connected to a code-regulated building or system17.

Does Colfax County have zoning?

Colfax County has zoning in specific places rather than one countywide system. The county's ordinance list includes the Raton-Colfax County Extraterritorial Zoning Ordinance and its amendments, which apply in a county-administered area around Raton, and incorporated municipalities may administer their own zoning23. Published county materials also identify other specifically listed zoning areas18. New Mexico law allows county zoning outside municipal zoning jurisdiction and permits municipal extraterritorial authority in specified areas19.

Parcel location is therefore decisive. We could not confirm the current boundary of the extraterritorial area, a complete district map, or a dimensional schedule, so ask Colfax County and the relevant city which authority governs the parcel before relying on an "unzoned" listing2. Setbacks, minimum lot size and minimum dwelling size also remain unconfirmed. Zoning does not move septic: the New Mexico Environment Department handles septic permits inside and outside city limits, and the state Construction Industries Division handles building permits where no local building department has jurisdiction201. Land division is separately regulated: Colfax County lists a subdivision ordinance, although its standards, exemptions, fees and process could not be confirmed21.

How do septic permits work in Colfax County?

The New Mexico Environment Department, not Colfax County, administers onsite wastewater permitting20. A new or modified onsite liquid-waste system requires an NMED permit, supported by ownership proof, a site diagram, a floorplan and a plat or survey when applicable4. Submit the package to the NMED Raton Field Office, which can be reached at 575-445-3621 or Raton.ehb@env.nm.gov and is located at 1277A S 2nd Street, Raton, NM 8774022. Payment is due only after approval or conditional approval, and inspection must be requested 48 hours, or two business days, in advance while the system remains uncovered23. After an approved inspection, NMED issues a Permit to Operate24. Only about 9.8% of county soils rate free of severe limitations for a conventional drain field, so settle the system design before fixing the house site or budget25. The published fee for a conventional system handling up to 1,000 gallons per day is $22526.

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

Long-term RV occupancy on private land in Colfax County could not be confirmed, and the answer can depend on whether county, municipal or extraterritorial zoning applies to the parcel18. Ask the land-use authority governing the parcel before moving an RV onto raw land or using one during construction. New Mexico's tiny-house code provides a clearer construction route: a tiny house of no more than 400 square feet, excluding lofts, may be used as a dwelling when it has complete independent living facilities, sits on a permanent foundation and passes inspection for compliance with the New Mexico Residential Code6. A tiny house on a chassis with its permanent axle attached is treated as a recreational vehicle and must meet RV codes and licensing requirements6. A manufactured home follows a separate path and needs a Manufactured Housing Division installation permit and inspection27. Construction approval does not settle parcel-specific land use.

How do you build a home in Colfax County, step by step?

  1. Identify whether the parcel lies in a municipality, an extraterritorial zoning area or another specifically regulated area, then obtain any required planning and zoning approval1815.
  1. If the site needs onsite wastewater, submit the permit application and supporting documents to the NMED Raton Field Office before constructing or moving a dwelling onto the lot423.
  1. Obtain a State Engineer permit before drilling a water well, and use a licensed well driller unless the stated exception applies8.
  1. Submit the complete residential permit package to CID, including the state application, plans, zoning approval and fee15.
  1. For work in a county-maintained right-of-way, contact the Colfax County Road Department at (575) 445-8292 and use the applicable driveway, culvert or encroachment form28. A connection to a state highway instead requires a New Mexico Department of Transportation access permit29.
  1. Request the required construction and septic inspections, then obtain final approval before occupancy112412.

What should you check before buying land in Colfax County?

Start with water and septic feasibility: Colfax County averages about 17.1 inches of precipitation annually and has experienced severe drought in about 48.6% of years3031. A well requires a State Engineer permit before drilling, while only about 9.8% of county soils rate free of severe limitations for a conventional septic drain field825. For a parcel with an established onsite system, the seller must have the system evaluated before transfer, and unpermitted systems must be registered or permitted32. Confirm legal and physical access: county right-of-way work goes through the Road Department, while direct access to a state highway needs a state permit2829. Verify zoning jurisdiction and floodplain status before closing; construction found within a floodplain must comply with the New Mexico Commercial Building Code33. The effective property-tax rate is about 0.6%, with a median annual property-tax bill of about $9273435.

Watch-outs

  • Do not treat an 'unzoned' listing as proof that an RV, tiny home, setback or minimum lot rule is absent; confirm which land-use authority covers the parcel5.
  • Only about 9.8% of Colfax County soils rate free of severe limits for a conventional septic drain field, so settle septic feasibility before fixing the house site or budget25.
  • The confirmed homeowner route applies to electrical work and requires an application, plans, a CID exam score of at least 75%, and personal performance of the work; ask CID about every other trade7.

Sources

  1. NM RLD Construction Industries Division - Residential Building Permit Guide (2026 county census)
  2. Ordinances, quoted and re-checked
  3. Ordinances, quoted and re-checked
  4. Apply for a Permit, quoted and re-checked
  5. Ordinances (2026 county census)
  6. 14.7.3 NMAC New Mexico Residential Building Code Amendment, quoted and re-checked
  7. rld.nm.gov, quoted and re-checked
  8. Drilling Your Water Well, quoted and re-checked
  9. 14.5.2 NMAC Permits, quoted and re-checked
  10. Rules, Laws, and Building Codes, quoted and re-checked
  11. 14.5.2 NMAC Permits, quoted and re-checked
  12. 14.5.3 NMAC Inspections, quoted and re-checked
  13. New Mexico Construction Industries Division — Santa Fe Office (rld.nm.gov)
  14. Forms and Applications (New Mexico statewide rule), quoted and re-checked
  15. Construction Industry Frequently Asked Questions, quoted and re-checked
  16. Building Permit Guide for Residential Construction (New Mexico statewide rule), quoted and re-checked
  17. 14.5.2 NMAC Permits, quoted and re-checked
  18. Colfax County Ordinances, quoted and re-checked
  19. nmlegis.gov (New Mexico statewide rule), quoted and re-checked
  20. Liquid Waste Regulations, quoted and re-checked
  21. Colfax County Ordinances, quoted and re-checked
  22. New Mexico Environment Department — Raton Field Office (env.nm.gov)
  23. Apply for a Permit, quoted and re-checked
  24. Apply for a Permit, quoted and re-checked
  25. 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
  26. Apply for a Permit, quoted and re-checked
  27. 14.12.9 NMAC — Inspections (New Mexico statewide rule), quoted and re-checked
  28. Colfax County Road Department (co.colfax.nm.us)
  29. 18.31.6 NMAC (New Mexico statewide rule), quoted and re-checked
  30. Annual precipitation: Bolthole Index county data
  31. Share of years in severe drought: Bolthole Index county data
  32. Property Transfer Evaluations (New Mexico statewide rule), quoted and re-checked
  33. 14.5.2 NMAC Permits, quoted and re-checked
  34. Effective property tax rate: Bolthole Index county data
  35. Median property tax bill: Bolthole Index county data

Written October 9, 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, Colfax County requires a building permit for a home.

RuleColfax CountyMora CountyTaos CountyUnion CountySan Miguel CountyHarding CountySanta Fe County
Building permitRequiredRequiredRequiredRequiredRequiredRequiredRequired
County zoningYesYesYesNot publishedYesNot publishedYes
Septic permitsNM Env. Dept.NM Env. Dept.NM Env. Dept.NM Env. Dept.NM Env. Dept.NM Env. Dept.NM Env. Dept.

County locator

Colfax County in New Mexico

50
County map
Colfax County highlighted among the New Mexico counties · colored by Index score

How Colfax County scores

Seclusion93100% ev.
Self-Sufficiency31100% ev.
Admin Boringness4390% ev.
Durability35100% ev.
Property Autonomy38100% ev.
Carry Cost84100% ev.

Evidence strength: 98%. This reports direct-source completeness and fallback use; it is separate from the score and is not a confidence interval. How it works →

$253kTypical home
0.6%Property tax
$977Land / acre
17.1"Annual rain
48.6% of yrsSevere drought
1 / yr (+1)Mid-century 100°F days
25.4 daysMid-century dry spell
1.02" (+2.7%)Mid-century 1-day rain
1.33×Wildfire change factor
100%Forward climate coverage
$1,806Home insurance / yr
-0.5% / yrInsurance growth
1%Nonrenewal rate
county median (2+ published ZIPs)Insurance basis
1,129People within 30 min
59,665People within 2 hr
1,229Radius comparison (15 mi)
3.3People / sq mi
3.6%Federal land
64.2%Land at 15% slope or less
9.8%Soils rated "not limited" for septic (strict USDA rating)
224,700 acWorkable land screen
38.7%Wooded land
20.5 tonsBiomass / forest ac
47.9°FAvg temp

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Cities and towns in Colfax 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: Village of Eagle Nest · Village of Maxwell · Town of Springer

Answers from the rulebook for Colfax County

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

Colfax County rules

  • County-wide zoningPresent (with conditions)

    The Raton-Colfax County Extraterritorial Zoning Ordinance and its listed amendments, applying within the county-administered extraterritorial zoning area rather than countywide rural land generally.

    • The county ordinances page lists the original 1981 Raton-Colfax County Extraterritorial Zoning ordinance and amendments from 1981, 1982, 1989, 1990, 1991, 1992, 1994, 1995, 1996, 1997, 1998, and 2001.
    • The current operative geographic boundary and complete consolidated text could not be verified because the linked ordinance PDFs were not retrievable in this run.
    “Ordinance 1981-1-Raton-Colfax County Extraterritorial Zoning / 201200144 & 201200158 / 5-4-1981 & 7-15-1981”
  • Local zoningVaries (with conditions)

    Aggregate local zoning across Colfax County: county extraterritorial zoning applies in a defined area, while incorporated municipalities may administer separate municipal zoning and annexation rules.

    • This is an aggregate countywide conclusion and does not mean Colfax County administers every local ordinance.
    • The county page separately lists Raton-Colfax County extraterritorial zoning ordinances and City of Raton annexation/change-of-zoning ordinances.
    • The specific current boundary and operative text of the extraterritorial district remain unresolved.
    “Ordinance 2001-01-Amendment to the Raton-Colfax County Extraterritorial Zoning Ordinance, adding Section 16 to Article V thereby creating a governmental use district / Deed Bk 12 Pg 11358 / 9-17-2001 [...] Ordinance 918-City of Raton Annexation/Change of zoning / Deed Bk 13 Pg 20971 / 12-7-2002”
  • Zoning districtsPartial

    Published zoning districts in the Raton-Colfax County Extraterritorial Zoning area and other specifically listed county zoning areas.

    • The county ordinance index identifies the Raton-Colfax County Extraterritorial Zoning Ordinance and amendments, including a 2001 amendment creating a governmental use district.
    • The index does not provide the complete district map, dimensional schedule, or current consolidated text.
    “Ordinance 2001-01-Amendment to the Raton-Colfax County Extraterritorial Zoning Ordinance, adding Section 16 to Article V thereby creating a governmental use district / Deed Bk 12 Pg 11358 / 9-17-2001 [...] Ordinance 1997-7-Amendment to the Raton-Colfax County Extraterritorial Zoning [...] Ordinance 1997-8-Amendment to the Raton-Colfax County Extraterritorial Zoning”
  • Subdividing landRegulated (with conditions)

    Land subdivision in Colfax County.

    • The county ordinance page lists the 2021-02 Subdivision of Land Ordinance and earlier subdivision-regulation amendments.
    • The detailed application standards, exemptions, fees, and review process were not verified from the ordinance PDF.
    “2021-02 Subdivision of Land Ordinance NO. 2021-02 [...] Ordinance 2013-01-Amending Subdivision Regulations / 201400062 / 1-10-2014”

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.”
    3 more reviewed findings on this topic
    • Required — Residential building-permit applications handled by the New Mexico Construction Industries Division, including projects in Colfax County where CID is the permitting authority.
      “The submittal requirements for a homeowner’s building permit are as follows:”
    • Required — Construction-related work in Colfax County for which a permit is required by New Mexico statute or rule.
      “no building or structure shall be erected, constructed, enlarged, altered, repaired, moved, improved, removed, converted or demolished, no electrical wiring, plumbing or mechanical work or LP gas work as defined and described in the applicable New Mexico construction codes for those trades, may be installed, repaired, altered or maintained in or on such building or structure, unless the applicable permit has first been obtained from the appropriate AHJ, unless otherwise provided by statutes or rule.”
    • Required — Building, electrical, plumbing, mechanical, and LP-gas work in Colfax County subject to New Mexico CID jurisdiction.
      “This rule applies to all work performed in New Mexico that is subject to the jurisdiction of CID for which permits are required.”
  • 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.”
    2 more reviewed findings on this topic
    • Conditional — A homeowner seeking to obtain a homeowner electrical permit for work on the homeowner's house.
      “Once the plans are approved, the permit may be issued to the homeowner only if the homeowner passes the electrical exam for homeowners administered by CID, with a minimum passing score of 75%.”
    • Conditional — A homeowner seeking a New Mexico homeowner permit for the owner's primary residence in Colfax County.
      “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.”
  • 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.”
    4 more reviewed findings on this topic
    • Adopted (with conditions) — Construction in Colfax County subject to New Mexico state building-code jurisdiction.
      “2021 New Mexico Commercial Building Code NMAC 14.7.2 2021 New Mexico Residential Building Code NMAC 14.7.3”
    • Adopted (with conditions) — New Mexico construction codes applicable in Colfax County where the state or an authorized local AHJ administers construction regulation.
      “2021 New Mexico Commercial Building Code NMAC 14.7.2 2021 New Mexico Residential Building Code NMAC 14.7.3 2021 New Mexico Earthen Building Materials Construction Code (Phase III) NMAC 14.7.4 2009 New Mexico Non-Load Bearing Baled Straw Construction Building Code (Phase III) NMAC 14.7.5 2021 New Mexico Existing Building Code NMAC 14.7.7”
    • 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.”
  • InspectionsLimited

    Residential construction in Colfax County that is subject to a New Mexico state building permit and the New Mexico Residential Code.

    • The guide lists foundation, concrete slab or under-floor, frame, weather-resistive barrier, and final inspections for covered residential construction.
    • Foundation inspection occurs after footing excavations and required reinforcing steel are complete; concrete foundation forms must be in place before inspection.
    • Foundation materials must be on the job, except ready-mixed concrete need not be on the job when mixed under approved nationally recognized standards.
    • Approved treated-wood foundations may require additional inspections by the building official.
    • Concrete slab or under-floor inspection occurs after in-slab or under-floor service equipment and related items are in place but before concrete is placed or floor sheathing, including subfloor, is installed.
    • Frame inspection occurs after the roof, framing, fire blocking, and bracing are in place; pipes, chimneys, vents, and rough electrical, plumbing, and heating wires, pipes, and ducts must be complete or approved as specified.
    • Weather-resistive barrier inspection occurs after installation of the appropriate barrier and before it is covered.
    • Final inspection occurs after finish grading and completion of the building and before occupancy; final electrical, plumbing, and mechanical inspections must occur before the final general construction inspection, and the Construction Inspector issues the Certificate of Occupancy after approving the final general construction inspection.
    • The Construction Inspector may make or require other inspections of any construction work to determine compliance with the New Mexico Building Code and other laws enforced by the code enforcement agency.
    • The source separately lists building-permit exemptions, including specified detached accessory buildings up to 120 square feet, fences up to 6 feet, specified retaining walls, certain water tanks, certain sidewalks and driveways, finish work, shallow prefabricated pools, playground equipment, certain awnings, and specified decks; it states that separate plumbing, electrical, and mechanical permits may still be required for exempted items.
    “REQUIRED INSPECTIONS [...] 1. FOUNDATION INSPECTION. To be made after excavations for footings are complete and any required reinforcing steel is in place. For concrete foundations, any required forms shall be in place prior to inspection.”
    3 more reviewed findings on this topic
    • Required — Permitted construction in Colfax County subject to New Mexico construction-code inspection requirements.
      “No C/O shall be issued by the CBO or the inspector until all of the required inspections have been performed and the appropriate inspectors have approved the work.”
    • Required — Work for which a New Mexico CID-jurisdiction permit is issued in Colfax County.
      “All work for which a permit is issued must be inspected.”
    • Required — State-administered residential and commercial construction requiring building permits.
      “REQUIRED INSPECTIONS To request an inspection e-mail us at CID.lnspection@state.nm.us or call 505-222-9813 or 877-243-0979”
  • Certificate of occupancyRequired

    Occupancy of buildings or portions of buildings on which construction has been undertaken in Colfax County and that fall under New Mexico CID jurisdiction.

    • The building may not be occupied until the appropriate inspector issues a certificate of occupancy or an approved final inspection, as applicable.
    • A certificate of occupancy may issue only after all required inspections have been performed and approved.
    • A temporary certificate may be issued for 30 days or a greater period if approved by the TBC or CBO, when the AHJ determines it is appropriate and life, safety, and health will not be adversely affected.
    • A temporary certificate may be extended for good cause up to a maximum of 12 months.
    • A homeowner-permit certificate must state that the residence was constructed pursuant to a homeowner permit.
    • A certificate does not certify compliance with other regulatory agencies, including environmental, health, fire, transportation, or local agencies.

    temporary certificate minimum period: >= 30 days (A greater period may be approved by the TBC or CBO.) · temporary certificate maximum extension: 12 months (Good cause and written request required.)

    “No building, or portion thereof, on which construction has been undertaken shall be occupied until the appropriate inspector has issued a C/O or an approved final inspection, as applicable.”
    One more reviewed finding on this topic
    • Required — Buildings or portions of buildings in Colfax County on which construction has been undertaken.
      “No building, or portion thereof, on which construction has been undertaken shall be occupied until the appropriate inspector has issued a C/O or an approved final inspection, as applicable.”
  • Building heightSpecified

    Detached one- and two-family dwellings, multiple single-family dwellings (townhouses) with separate means of egress, and their accessory structures subject to the New Mexico Construction Industries Division residential code.

    • The cited residential code applies to construction performed in New Mexico on or after December 14, 2023.
    • The construction must be subject to the jurisdiction of the Construction Industries Division.
    • The code scope is limited to dwellings and townhouses not more than three stories high; construction outside the NMRBC scope may be subject to the New Mexico Commercial Building Code.
    • The rule states an effective date of July 14, 2023, with permits issuable under either rule until December 14, 2023, and only under the new rule after December 14, 2023.

    maximum stories within NMRBC scope: <= 3 stories (The provision describes the scope of the residential code and is not a general zoning-height limit for every land use.)

    “dwellings and multiple single-family dwellings (townhouses) not more than three stories high with separate means of egress”
  • 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”
    One more reviewed finding on this topic
    • Allowed (with conditions) — Tiny houses used as single dwelling units in New Mexico, including Colfax County, when regulated under the New Mexico Residential Building Code.
      “This appendix shall be applicable to tiny houses used as single dwelling units providing complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation and placed on a permanent foundation.”
  • Manufactured homesAllowed (with conditions)

    Installation and resulting residential use and occupancy of new or pre-owned manufactured homes statewide in New Mexico, subject to the Manufactured Housing Division's permitting and inspection rules.

    • An installation permit or combined installation and permanent-foundation inspection permit must be obtained before installation.
    • The permit must identify the licensees performing installation work and the consumer's name and address; a map is required when the address is a post-office box or rural route.
    • An unlicensed homeowner working on the homeowner's own principal residential property must perform the work personally or use division-approved licensees, execute the required acknowledgment, and assume responsibility for applicable federal, state, local, code, and inspection requirements.
    • Final inspection must certify that the manufactured home meets the minimum standards for use and occupancy under the act and regulations.
    • Permits are valid for 180 days, subject to possible time extension for weather or re-manufacturing or permanent-foundation inspections.
    • Each new or pre-owned manufactured home installed in New Mexico requires an installation permit.
    • Failure to obtain a permit subjects the homeowner, dealer, or installer to a fine of double the permit fee.
    • Local requirements, codes, and inspections still apply; the cited state rule does not establish local land-use placement or zoning permission.

    installation permit validity: 180 days (A time extension may be granted for weather-related delay or inspections involving a home being re-manufactured or installed on a permanent foundation.) · permit for certain alteration, modification, or repair: 15 USD (Available upon written request and excludes warranty work performed under a previous permit and installation.) · fine for installation without permit: double the permit fee (Applies to the homeowner, dealer, or installer.)

    “inspectors shall certify on the permit, or upon any inspection report, that the manufactured home meets the minimum standards for use and occupancy”
  • 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.”
    2 more reviewed findings on this topic
    • State (with conditions) — Onsite wastewater and septic systems in Colfax County.
      “The Onsite Wastewater Bureau ensures septic systems are adequately installed and maintained in a manner that is protective of public health and the environment.”
    • State (with conditions) — Onsite wastewater and liquid-waste regulation in Colfax 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.”
    2 more reviewed findings on this topic
    • Required — New or modified onsite wastewater systems in Colfax County.
      “Application – Print and fill out an Application for Liquid Waste Permit, Section 20.7.3.401 NMAC”
    • Required — Installation, construction, registration, or modification of an onsite liquid-waste system in Colfax County.
      “Application – Print and fill out an Application for Liquid Waste Permit, Section 20.7.3.401 NMAC [...] Submit to Local NMED Field Office for review [...] Actions may included granting the permit, granting with conditions, or denial.”
  • 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.”
    2 more reviewed findings on this topic
    • Required — Permitted onsite wastewater systems in Colfax County before the system is covered and placed into operation.
      “Request Inspection by NMED 48 hours (2 business days) in advance (DO NOT COVER BEFORE INSPECTION)”
    • Required — Installation of onsite liquid-waste systems in Colfax County.
      “Request Inspection by NMED 48 hours (2 business days) in advance (DO NOT COVER BEFORE 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.”
  • Well permitRequired

    Water wells drilled in Colfax County.

    • A permit to drill must be obtained from the Office of the State Engineer before drilling.
    • Domestic wells are allowed by state law unless prohibited by a local ordinance.
    • A permit generally expires unless the well is completed within one year of issuance; an expired permit requires a new application and additional filing fee.
    • Wells must be drilled by a licensed well driller, subject to the stated driven-well exception.

    permit completion period: 1 year (unless the permit is otherwise extended under applicable rules)

    “A 72-12-1.1 domestic well permit shall automatically expire unless the well is completed and the well record is filed with the state engineer within one year of the date of issuance of the permit.”
  • 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.”
    One more reviewed finding on this topic
    • Conditional — Connections from a utility, energy, fuel, or power source to a building or system regulated by New Mexico construction codes.
      “No person shall make connections from a utility, source of energy, fuel or power to any building or system that is regulated by the New Mexico construction codes until approved by the appropriate AHJ.”
  • 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”
  • Driveway accessRequired

    Permanent or temporary direct vehicular access from property in close proximity to or adjoining a New Mexico state highway.

    • An access permit must be issued by the New Mexico Department of Transportation before constructing or modifying covered access.
    • Access permits are issued only when the application complies with 18.31.6 NMAC.
    • The department or an approved issuing authority may impose terms and conditions.
    • The rule concerns state highways under the jurisdiction of the state transportation commission; it does not establish a universal permit requirement for every non-state roadway.
    • For additional traffic from expansion or redevelopment, the property owner must contact the department to determine whether a new application or access modification is required; no new application is required if the department determines modifications are unnecessary.
    “no person shall construct or modify any permanent or temporary access [...] without an access permit issued by the New Mexico department of transportation.”
  • Building in a floodplainRequired

    Construction in floodplain areas in Colfax County subject to New Mexico construction-code jurisdiction.

    • If construction is determined to be within a floodplain, it must comply with the New Mexico Commercial Building Code.
    • For riverine flood-hazard areas without designated floodways, the applicant must demonstrate that the project will not increase the design flood elevation more than one foot at any point within the jurisdiction.
    • Public buildings under CID authority require floodplain elevation documentation by a licensed structural engineer or architect before plan submittal.

    maximum increase in design flood elevation: <= 1 foot (riverine flood-hazard areas where design flood elevations are identified but floodways have not been designated)

    “In riverine flood hazard areas where design flood elevations are identified but floodways have not been designated, the applicant shall demonstrate, to CID, that the effect of the proposed buildings and structures on design flood elevations, including fill, when combined with all other existing and anticipated flood hazard area encroachments, will not increase the design flood elevation more than one foot at any point within the jurisdiction.”
    One more reviewed finding on this topic
    • Required — Construction or development within a FEMA Special Flood Hazard Area in a New Mexico community, and proposed construction or other development in communities where FEMA has not defined a Special Flood Hazard Area.
      “Approval by the local community Floodplain Administrator is required before construction or development begins within any Special Flood Hazard Area.”
  • Permit feesPublished (with conditions)

    New Mexico liquid-waste permit fees applicable to Colfax County.

    • The listed fee schedule is identified as effective 7/1/20.
    • Fees vary by system type and design flow.
    • Additional fees include annual operating, re-inspection, unpermitted-system inspection, variance, and qualification fees.

    conventional system design flow up to 1,000 gpd: 225 USD (effective 7/1/20) · conventional system design flow 1,001 to 2,000 gpd: 325 USD (effective 7/1/20) · conventional system design flow 2,001 to 5,000 gpd: 500 USD (effective 7/1/20)

    “Conventional system, register, construct, or modify design flow up to 1,000 gpd | 7/1/20 | $225.00”
    2 more reviewed findings on this topic
    • Published (with conditions) — New Mexico liquid-waste permits applicable to Colfax County.
      “Conventional system, register, construct, or modify design flow up to 1,000 gpd | 7/1/20 | $225.00”
    • 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)

    Residential homeowner building-permit applications submitted to the New Mexico CID or another appropriate authority having jurisdiction for property in Colfax County.

    • The applicant must use an AHJ-approved application form for the type of permit sought.
    • Separate permits are required for general building, electrical, mechanical/plumbing, and LPG work.
    • For a homeowner building permit, the official FAQ requires county planning and zoning approval, two complete plan sets at a recommended minimum scale of 1/4 inch = 1 foot, the Multi-Purpose State Building Application, and payment of the CID-provided permit fee.
    • CID will not process the homeowner permit request until the permit fee is paid.
    • The FAQ states that, upon receipt of a complete permit package, CID will issue a building permit within five working days; it separately states residential permits are being processed in 3 to 4 working days.
    • The official FAQ identifies the county as the source of planning and zoning approval; the specific current Colfax County zoning/ETZ authority remains unresolved.

    recommended plan scale: 1/4 inch = 1 foot · stated homeowner permit issuance time after complete package: <= 5 working days (FAQ statement; separate FAQ processing estimate says residential permits are being processed in 3 to 4 working days.)

    “The submittal requirements for a homeowner’s building permit are as follows:”
    3 more reviewed findings on this topic
    • Published (with conditions) — NMED liquid-waste permitting process applicable to Colfax County.
      “Conventional Systems may take up to five (5) business days for completeness check and ten business (10) days to return a decision.”
    • Published (with conditions) — New Mexico liquid-waste permit process applicable to Colfax 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.”
    • 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.

  • Minimum dwelling size — Minimum dwelling size in unincorporated Colfax County.
  • Minimum lot size — Minimum lot size in unincorporated Colfax County.
  • Setbacks — Setbacks in unincorporated Colfax County.
  • Lot coverage — Lot coverage in unincorporated Colfax County.
  • Living in an RV — Long-term or residential RV occupancy on private land in unincorporated Colfax County.
3 more unanswered
  • Camping on your land
  • Accessory dwellings
  • 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 Colfax County

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

Actively managed

This basin is under active state management — new water use is scrutinized, though a domestic well is usually still allowed.

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 ↗
  • Tucumcari 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. OSE-declared basin centered on Quay County (Order 155, 1998).

    NM OSE Article 7 (Declared Underground Water Basins) ↗
  • Canadian River 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. Canadian River drainage in NE NM (Order 161, 2005), administered under the Canadian River Compact.

    NM OSE Article 7 (Declared Underground Water Basins) ↗
  • Clayton Underground Water Basin (Eastern portion)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. OSE 2019 guidelines apply block administration to the thin (<50 ft) Ogallala/High Plains aquifer; guidelines expressly exempt 72-12-1.1 domestic wells.

    NM OSE Eastern Clayton Basin Guidelines (2019) ↗

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 Colfax County, New Mexico

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

Colfax County scores 50/100 on the Bolthole Index, a solid county profile. Its strengths: deep seclusion — about 1,129 people within a 30-minute drive and manageable long-term carry cost. Watch-outs: thin water margin (17.1″/yr rainfall) and elevated current hazard exposure.

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

Colfax County generally requires a residential building permit, and it enforces county zoning. Onsite septic is permitted by New Mexico Environment Department, Onsite Wastewater (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 Colfax County, New Mexico?

Land in Colfax County runs about $977 per acre, based on the latest county data.

What is the water situation in Colfax County?

Colfax County gets about 17.1" of rain a year, with severe drought in roughly 48.6% of years. On water rights, Colfax County lies in the Tucumcari Underground Water Basin — 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. OSE-declared basin centered on Quay County (Order 155, 1998)..

How remote is Colfax County?

A representative private-land location has about 1,129 people within a 30-minute drive and 59,665 within two hours. The road-network catchments count population across county lines and clusters of smaller cities; straight-line radius values remain available as a comparison.

How Colfax compares in New Mexico

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