Bolthole Index

De Baca County, New Mexico

Building permits, zoning and land rules in De Baca County, New Mexico

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

Construction covered by New Mexico's building rules in De Baca County generally requires a permit from the appropriate authority before work begins1. The New Mexico Construction Industries Division is identified as the residential permitting authority, although its jurisdiction should be confirmed for the parcel21. County zoning is unconfirmed, while septic permits go through the New Mexico Environment Department34.

At a glance

Building permit
Generally required; the New Mexico Construction Industries Division is the permitting authority12
Zoning
Countywide zoning is unconfirmed; ask the County Clerk to route a parcel-specific inquiry35
Septic permit
Required for installation or modification; apply through the New Mexico Environment Department64
RV living
Local occupancy rules could not be confirmed; ask the County Clerk before relying on RV living35
Tiny homes
State code allows qualifying tiny houses on permanent foundations; local placement rules remain unconfirmed73
Owner-builder
A conditional homeowner permit is available for owners who personally perform qualifying work8
Wells
Ask the Office of the State Engineer about water rights and well permits9
Property taxes
About 0.5% effective rate; median annual bill about $7881011

Who to call

Also useful

De Baca County Clerk's Office

Local county contact for routing questions about unincorporated parcel rules and the appropriate county official

(575) 355-2601

jeffhromas@plateautel.net

P. O. Box 347, Fort Sumner, NM 88119

Building permits

New Mexico Construction Industries Division

State building permits and inspections for De Baca County

(505) 222-9800

5500 San Antonio NE, Albuquerque, NM 87109

Online permits →

Septic permits

New Mexico Environment Department, Onsite Wastewater Program

State onsite liquid-waste and septic permits for De Baca County

505-827-2855

1190 St. Francis Drive, Suite N4050, Santa Fe, New Mexico 87505

Online permits →

Also useful

New Mexico Office of the State Engineer

Water-rights, well-permit and metering assistance through the appropriate district office

(505) 827-6120

407 Galisteo St. Suite #102, Bataan Memorial Bldg., Santa Fe, NM 87501

Contact details are copied from each office’s official page and were checked against it on October 3, 2026.

Off-grid gear

Going off-grid in De Baca 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 De Baca County, New Mexico?

Yes. Construction, alteration, repair, moving, improvement, removal, conversion or demolition covered by New Mexico's rules requires the applicable permit from the authority having jurisdiction before work begins, unless a statute or rule provides an exception1. The New Mexico Construction Industries Division is identified as the residential permitting authority for De Baca County, but confirm jurisdiction for the parcel before applying21. Limited exceptions include a one-story detached tool or storage shed no larger than 120 square feet, a fence no taller than 6 feet, and a qualifying detached deck no larger than 200 square feet12. Separate plumbing, electrical or mechanical permits can still be required when the structure itself is exempt12. Covered residential work follows the New Mexico Residential Building Code for one- and two-family dwellings, qualifying townhouses and accessory structures13.

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

The New Mexico Construction Industries Division is identified as the residential permitting authority for De Baca County, but the statewide rule does not by itself establish the authority for a particular parcel21. Confirm jurisdiction with CID before filing; its Albuquerque office is at 5500 San Antonio NE, Albuquerque, NM 87109, and the published phone number is (505) 222-980014. A state application requires plans and specifications, any applicable zoning approval, a CID-calculated fee based on project cost, and payment before processing15. General building-permit fees also vary with construction type, square footage, materials and construction cost16. A conditional homeowner permit allows an owner to perform qualifying work personally while licensed contractors permit and inspect subcontracted work8. For county-side parcel questions, call the De Baca County Clerk's Office at (575) 355-2601 and ask for the appropriate official5.

Does De Baca County have zoning?

Countywide zoning in unincorporated De Baca County could not be confirmed, and no official county zoning map or district schedule was verified3. New Mexico law allows counties to adopt zoning for territory outside a municipality's zoning jurisdiction, but that statewide authority does not prove De Baca County has exercised it17. Before choosing a homesite, ask the De Baca County Clerk's Office to identify the official who can confirm zoning, setbacks, lot coverage, building height, minimum lot size and minimum dwelling size for the parcel53. The same local inquiry should cover accessory dwellings, manufactured-home placement and any recorded subdivision restrictions because no De Baca County-specific standards for those questions were confirmed3. If the parcel is inside a municipality, obtain the municipality's answer rather than applying an unincorporated-county conclusion17.

How do septic permits work in De Baca County?

The New Mexico Environment Department handles onsite liquid-waste and septic permits in De Baca County, with applications submitted to the local NMED field office4. Apply before installing or modifying a regulated system; the submission includes ownership authorization, site and setback information, floorplan or fixture information, and plat or survey material where relevant6. Homeowners may install a simple conventional system only after passing a written test18. A conventional system with design flow up to 1,000 gallons per day carries a published $225 permit fee19. Homeowner installations require an NMED final inspection20. Only about 42.7% of county soils are rated without severe limits for a conventional drain field, so make the site evaluation an early contingency21. The statewide program contact is 505-827-285522.

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

De Baca County-specific rules for living in an RV or temporary camping could not be confirmed, so ask the County Clerk to route the question before using an RV as a residence35. New Mexico treats a tiny house that remains on a chassis with a permanent axle as a recreational vehicle subject to RV codes and licensing7. A tiny house used as a dwelling on a permanent foundation may have up to 400 square feet of floor area excluding lofts and must comply with the New Mexico Residential Code and Appendix AQ7. That state building-code path does not resolve unconfirmed local placement, setback or occupancy rules in De Baca County3. Manufactured homes follow a separate state installation-permit and inspection system, while local placement requirements may still apply23.

Building a home in De Baca County: the steps, in order

  1. Ask the De Baca County Clerk's Office to route parcel-specific questions about zoning, setbacks, floodplain administration and local access before finalizing a site plan53.
  1. Contact the Office of the State Engineer about water rights and a well permit if the property will use a private well9.
  1. Submit the liquid-waste application and supporting site information to the local New Mexico Environment Department field office before installing or modifying an onsite septic system46.
  1. Confirm the authority having jurisdiction, then submit plans and specifications, secure any applicable zoning approval, and pay the calculated fee before permit processing115.
  1. Complete every required inspection before occupancy approval24.
  1. Do not occupy the building until a certificate of occupancy or approved final inspection is issued, as applicable25.
  1. If access connects directly to a state highway, obtain the New Mexico Department of Transportation access permit before constructing or modifying the driveway26.

What should you check before buying land in De Baca County?

Start with water: De Baca County averages about 13.6 inches of precipitation a year and experiences severe drought in about 41.4% of years, so verify a legal and practical supply before closing2728. Ask the Office of the State Engineer which district office handles water rights and well permits for the parcel9. Test the proposed drain-field area because only about 42.7% of county soils are rated without severe limits for a conventional septic field21. Confirm flood status and the responsible local Floodplain Administrator because development in a FEMA Special Flood Hazard Area requires local approval29. Confirm legal access separately; direct access to a state highway requires a state access permit26. For carrying costs, the effective property-tax rate is about 0.5%, and the median annual property-tax bill is about $7881011.

Watch-outs

  • De Baca County's countywide zoning status remains unconfirmed; have the County Clerk route your parcel question before relying on an RV, tiny-home, setback or minimum-size assumption35.
  • A septic application needs ownership authorization and supporting site, setback, fixture, and plat or survey information where relevant6.
  • Do not move into a building where construction was undertaken until a certificate of occupancy or approved final inspection is issued, as applicable25.

Sources

  1. 14.5.2 NMAC — Permits, quoted and re-checked
  2. NM Regulation & Licensing Dept - Construction Industries Division (Apply for a Permit) (2026 county census)
  3. (2026 county census)
  4. Apply for a Permit — Liquid Waste Permitting Process, quoted and re-checked
  5. De Baca County Clerk's Office (sos.nm.gov)
  6. Apply for a Permit — Liquid Waste Permitting Process, quoted and re-checked
  7. 14.7.3 NMAC — 2021 New Mexico Residential Building Code (New Mexico statewide rule), quoted and re-checked
  8. 14.5.2 NMAC Permits Integrated, quoted and re-checked
  9. New Mexico Office of the State Engineer (ose.nm.gov)
  10. Effective property tax rate: Bolthole Index county data
  11. Median property tax bill: Bolthole Index county data
  12. Building Permit Guide for Residential Construction, quoted and re-checked
  13. 14.7.3 NMAC — 2021 New Mexico Residential Building Code, quoted and re-checked
  14. New Mexico Construction Industries Division (rld.nm.gov)
  15. Construction Industry Frequently Asked Questions, quoted and re-checked
  16. Construction Industries Forms and Applications Fees (New Mexico statewide rule), quoted and re-checked
  17. nmlegis.gov (New Mexico statewide rule), quoted and re-checked
  18. Apply for a Permit, quoted and re-checked
  19. Apply for a Permit, quoted and re-checked
  20. Homeowners Information, quoted and re-checked
  21. 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
  22. New Mexico Environment Department, Onsite Wastewater Program (env.nm.gov)
  23. 14.12.9 NMAC — Inspections (New Mexico statewide rule), quoted and re-checked
  24. 14.5.3 NMAC — Inspections, quoted and re-checked
  25. 14.5.3 NMAC — Inspections, quoted and re-checked
  26. 18.31.6 NMAC (New Mexico statewide rule), quoted and re-checked
  27. Annual precipitation: Bolthole Index county data
  28. Share of years in severe drought: Bolthole Index county data
  29. Flooding (New Mexico statewide rule), quoted and re-checked

Written October 3, 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, De Baca County requires a building permit for a home.

RuleDe Baca CountyGuadalupe CountyRoosevelt CountyCurry CountyQuay CountyLincoln CountySan Miguel County
Building permitRequiredRequiredRequiredRequiredRequiredRequiredRequired
County zoningNot publishedNot publishedNot publishedNoNoYesYes
Septic permitsNMEDNM Env. Dept.NMEDNM Env. Dept.NM Env. Dept.NM Env. Dept.NM Env. Dept.

County locator

De Baca County in New Mexico

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

How De Baca County scores

Seclusion91100% ev.
Self-Sufficiency1296% ev.
Admin Boringness4868% ev.
Durability22100% ev.
Property Autonomy38100% ev.
Carry Cost8696% ev.

Evidence strength: 93%. This reports direct-source completeness and fallback use; it is separate from the score and is not a confidence interval. How it works →

$120kTypical home
0.5%Property tax
$385Land / acre
13.6"Annual rain
41.4% of yrsSevere drought
23.5 / yr (+19)Mid-century 100°F days
37.8 daysMid-century dry spell
1.27" (+5.7%)Mid-century 1-day rain
1.21×Wildfire change factor
100%Forward climate coverage
$1,758Home insurance / yr
1.1% / yrInsurance growth
1.95%Nonrenewal rate
single ZIP shrunk to state medianInsurance basis
62,136People within 2 hr
74Radius comparison (15 mi)
0.7People / sq mi
3.4%Federal land
95.6%Land at 15% slope or less
42.7%Soils rated "not limited" for septic (strict USDA rating)
625,732 acWorkable land screen
0.1%Wooded land
0.4 tonsBiomass / forest ac
58.3°FAvg temp

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Cities and towns in De Baca 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.

Village of Fort Sumner

Answers from the rulebook for De Baca County

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

New Mexico rules that apply here

  • Building permitRequired

    Buildings and structures regulated by the New Mexico Residential Code in De Baca County, including erection, construction, enlargement, alteration, repair, moving, improvement, removal, conversion, or demolition.

    • The rule is subject to the exceptions in IRC Section 105.2 and the listed exemptions in the state guide.
    • A one-story detached accessory building used as a tool or storage shed, playhouse, or similar use is exempt when the floor area does not exceed 120 square feet.
    • Fences not over 6 feet high are exempt.
    • Retaining walls retaining less than 36 inches of unbalanced fill and having a total height no greater than 6 feet from the top of wall to the bottom of footing are exempt; retaining walls supporting a surcharge load or impounding Class I, II, or III-A liquids are not exempt.
    • Grade-supported water tanks are exempt when capacity does not exceed 5,000 gallons and the height-to-diameter-or-width ratio does not exceed 2:1.
    • Sidewalks and driveways not more than 30 inches above adjacent grade and not over basements or stories below are exempt.
    • Painting, papering, tiling, carpeting, cabinets, countertops, and similar finish work are exempt.
    • Prefabricated swimming pools less than 24 inches deep are exempt.
    • Swings and other playground equipment accessory to a one- or two-family dwelling are exempt.
    • Exterior-wall-supported window awnings projecting no more than 54 inches and requiring no additional support are exempt.
    • Decks not exceeding 200 square feet, not more than 30 inches above grade, not attached to a dwelling, and not serving the required exit door under Section R311.4 are exempt.
    • Separate plumbing, electrical, and mechanical permits are required for otherwise exempted items unless separately exempted.
    • The application for a state building permit must identify the property owner, contractor and license number if applicable, architect and license number if applicable, specific use, county, project address, nearest city/town/village, legal description, written directions, work description, materials, and total square footage.
    • The qualifying party for the licensed contractor or the homeowner requesting a homeowner construction permit must sign the application; the homeowner must also sign and notarize the specified homeowner responsibilities form.
    • A homeowner permit cannot be used where a GB-2 or GB-98 contractor acts as general contractor; such contractors and licensed subcontractors must separately permit their work.
    • A homeowner may not perform electrical, plumbing, or mechanical work without applying for and passing the required CID examination.
    • Where applicable, zoning approval and a signature on the state building permit application must be obtained before applying for the building permit.
    • Project valuation is based on CID Rule NMAC 14.5.5.10; the fee covers plan review, permit notice, and required inspections and is based on valuation. The CID calculates the valuation and fee for homeowner permits; applicants mailing plans must call the nearest CID office for the fee.
    • Two complete sets of dimensioned plans at a recommended minimum scale of 1/4 inch = 1 foot on paper at least 8 1/2 by 11 inches are required.
    “(New Mexico Residential Code 106.1) 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 — Construction work subject to the New Mexico Construction Industries Division jurisdiction in De Baca County.
      “Subject to the Construction Industries Licensing Act “CILA”, Sections 60-13-3 and Section 60-13-45 NMSA 1978, and its rules, 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 — Construction, alteration, repair, movement, improvement, removal, conversion, or demolition of buildings and specified electrical, plumbing, mechanical, and LP-gas work subject to the New Mexico Construction Industries Licensing Act.
      “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 — 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.
      “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
    • Available (with conditions) — Residential property owners seeking a New Mexico homeowner’s permit for work in De Baca County.
      “The homeowner building permit limits the homeowner to perform the work authorized by the permit personally or with employees paid by the homeowner and issued a W-2 form, or to subcontract a portion of the work while self-performing a significant portion of the work.”
  • 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 — State building codes applicable to construction in De Baca County.
      “This rule adopts by reference the 2021 International Residential Code, as amended by this rule.”
    • Adopted — Residential construction subject to the New Mexico Construction Industries Division jurisdiction.
      “This rule adopts by reference the 2021 International Residential Code, as amended by this rule.”
    • 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”
    2 more reviewed findings on this topic
    • Required — Construction subject to New Mexico inspection requirements in De Baca County.
      “For work subject to the NMRBC. [...] (10) Fire resistance rated construction inspection, see Section 109.1.5.1 of the IRC. (11) Final inspection, see Section 109.1.6 of the IRC.”
    • Required — Buildings subject to New Mexico construction-code inspection and occupancy approval.
      “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.”
  • Certificate of occupancyRequired

    Buildings on which construction has been undertaken, before occupancy.

    • An approved final inspection may be used instead of a certificate of occupancy where applicable.
    • Temporary certificates of occupancy may be issued for 30 days or more when approved and when life, safety, and health will not be adversely affected.
    • An extension of a temporary certificate may be granted for good cause up to a maximum of 12 months.

    temporary certificate initial period: >= 30 days (Subject to approval and safety conditions.) · temporary certificate maximum extension: 12 months (Good cause must be shown.)

    “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 on which construction has been undertaken in De Baca County.
      “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”
  • 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 and septic permitting in De Baca County and elsewhere in New Mexico.

    • Applications are submitted to the local NMED field office.
    • NMED may grant, grant with conditions, or deny an application.
    • The Office of the State Engineer is separately identified for well-drilling permits and related well information.
    “Submit to Local NMED Field Office for review”
    2 more reviewed findings on this topic
    • State — On-site liquid-waste systems in De Baca County administered under the New Mexico Environment Department program.
      “Submit to Local NMED Field Office for review [...] NMED will notify applicant of actions taken on the permit application.”
    • State — On-site liquid waste systems and effluent receiving 5,000 gallons or less per day and not requiring a discharge plan or NPDES permit.
      “20.7.3.1 ISSUING AGENCY: New Mexico Environmental Improvement Board.”
  • 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 — Installation or modification of on-site liquid-waste systems in De Baca County.
      “Application – Print and fill out an Application for Liquid Waste Permit, Section 20.7.3.401 NMAC [...] After Approved Inspection you will receive a copy of the Permit to Operate”
    • Required — On-site liquid-waste systems subject to the New Mexico Liquid Waste Disposal and Treatment Regulations.
      “Application – Print and fill out an Application for Liquid Waste Permit , Section 20.7.3.401 NMAC”
  • 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 — On-site liquid-waste systems installed by qualified homeowners in De Baca County.
      “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”
  • Subdividing landRegulated (with conditions)

    Subdivision regulation within New Mexico counties, administered through county subdivision regulations under the New Mexico Subdivision Act.

    • The board of county commissioners of each county must regulate subdivisions within the county boundaries.
    • County regulations must address the county's subdivision requirements; the cited provision lists requirements including preliminary and final plats, water requirements and availability, water conservation, liquid waste disposal, solid waste disposal, legal access, roads, utility easements, fees, recording conveyances, financial security, fencing where appropriate, and other health, safety, or general-welfare matters.
    • Counties may adopt requirements more stringent than the New Mexico Subdivision Act only if the county has adopted a comprehensive plan, the plan identifies and explains the need for the more stringent requirements, and the more stringent regulations are specifically identified in the plan.
    • The cited statute does not establish one statewide minimum lot size or uniform local subdivision standard.

    county subdivision regulation: required · more stringent county requirements: allowed only subject to comprehensive-plan conditions

    “The board of county commissioners of each county shall regulate subdivisions within the county's boundaries. In regulating subdivisions, the board of county commissioners of each county shall adopt regulations setting forth the county's requirements for:”
    One more reviewed finding on this topic
    • Regulated (with conditions) — Division of land statewide in New Mexico into two or more parcels for sale, lease, other conveyance, or building development, subject to the New Mexico Subdivision Act and its statutory exceptions.
      “The board of county commissioners of each county shall regulate subdivisions within the county's boundaries.”
  • 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 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 within any Special Flood Hazard Area.
    • Where FEMA has not defined the Special Flood Hazard Area, the community must require permits for all proposed construction or other development, including manufactured homes, to determine whether the activity is in a flood-prone area.
    • Approval is intended to ensure compliance with the National Flood Insurance Program and the community’s floodplain management ordinance.
    • The source identifies 104 New Mexico communities participating in the National Flood Insurance Program; the administering official is the applicable local community Floodplain Administrator, not the state agency.
    “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 in De Baca County.

    • The cited schedule is under 20.7.11 NMAC.
    • The schedule states an effective date of July 1, 2020.
    • Fees vary by system type and design flow.
    • The conventional-system fee for design flow up to 1,000 gpd is $225; other listed fees include re-inspection and unpermitted-system inspection fees.

    conventional system design flow up to 1,000 gpd: 225 USD (effective 7/1/20) · re-inspection 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 [...] Re-Inspection Fee: | 7/1/20 | $125.00 [...] Unpermitted System Inspection Fee: | 7/1/20 | $250.00”
    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 processPartial

    State CID building-permit applications that may apply to De Baca County construction.

    • Two complete sets of plans or electronic plans with specifications must be submitted.
    • Zoning approval should be secured before applying.
    • Residential permits are reported as processed in 3 to 4 working days; commercial permits in 5 to 10 working days.
    • The official FAQ also states that the permit fee is provided by CID based on total project cost and must be paid before processing.

    residential processing time: 3 to 4 working days · commercial processing time: 5 to 10 working days

    “Permits are processed by the date they are received. Residential permits are being processed in 3 to 4 working days. Commercial permits are processed in 5 to 10 working days.”
    2 more reviewed findings on this topic
    • Published (with conditions) — New Mexico liquid-waste permitting process applicable in De Baca County.
      “Application – Print and fill out an Application for Liquid Waste Permit, Section 20.7.3.401 NMAC [...] Must include signatures granting authorization by either owner or owner’s authorized representative, [...] Homeowners may install simple conventional systems after passing a written test.”
    • 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.

  • County-wide zoning — Countywide zoning ordinance or zoning map in De Baca County, including unincorporated areas.
  • Local zoning — Aggregate local zoning across De Baca County municipalities and unincorporated areas.
  • Zoning districts — Published zoning districts or zoning map for De Baca County.
  • Minimum dwelling size — Minimum dwelling size requirements in De Baca County.
  • Minimum lot size — Minimum lot size requirements in De Baca County.
7 more unanswered
  • Setbacks
  • Lot coverage
  • Living in an RV
  • Camping on your land
  • Accessory dwellings
  • Well permit
  • 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 De Baca 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) ↗
  • 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) ↗

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 De Baca County, New Mexico

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

De Baca County scores 30/100 on the Bolthole Index, a weak county profile. Its strengths: deep seclusion — about 74 people within 15 miles and manageable long-term carry cost. Watch-outs: weak self-sufficiency basics: only 13.6″ of rain a year, in severe drought 41.4% of years and elevated mid-century heat, water, rain, or wildfire exposure.

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

De Baca County generally requires a residential building permit. Onsite septic is permitted by New Mexico Environment Department (NMED) - 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 De Baca County, New Mexico?

Land in De Baca County runs about $385 per acre, based on the latest county data.

What is the water situation in De Baca County?

De Baca County gets about 13.6" of rain a year, with severe drought in roughly 41.4% of years. On water rights, De Baca 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 De Baca County?

A typical private-land location has about 74 people within 15 miles and 427,304 within 100 miles. These radius catchments are the published fallback where road routing is unavailable.

How De Baca compares in New Mexico

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