Bolthole Index

McKinley County, New Mexico

Building permits, zoning and septic rules in McKinley County, New Mexico

57Index Score / 100
#2 of 33 in New Mexico

Building permits are required for covered work in unincorporated McKinley County, New Mexico, and the New Mexico Construction Industries Division issues them because the county has no local building department12. McKinley County has no countywide zoning ordinance, so county zoning does not restrict RV, tiny-home or manufactured-home placement in unincorporated areas3. Septic permits under New Mexico jurisdiction, city or not, come from the New Mexico Environment Department (NMED), while Navajo Nation EPA has a separate process for projects subject to its jurisdiction45.

At a glance

Building permit
Required when New Mexico statute or rule requires it; issued by the New Mexico Construction Industries Division12
Zoning
No countywide zoning ordinance in unincorporated areas; municipal rules may differ36
Septic permits
NMED for parcels under New Mexico jurisdiction; Navajo Nation EPA has a separate process for covered tribal projects75
Owner-builder
A homeowner permit is available for qualifying work on the owner's primary residence8
RV living
Not restricted by county zoning in unincorporated areas; other sanitation, building and land rules still apply3
Tiny home
Placement is not restricted by county zoning; state building and sanitation rules still apply3
Subdivision lots
Minimum lot sizes vary by slope and onsite-wastewater requirements9

Who to call

Building permits

New Mexico Construction Industries Division (CID) - Albuquerque Office

State building permits, plan review and inspections for covered work in unincorporated McKinley County

(505) 222-9800

5500 San Antonio Dr. Suite F, Albuquerque, NM 87109

Online permits →

Zoning

McKinley County Legal Department (Land Use)

Parcel-specific land-use and zoning questions and requests for a county zoning letter

505-863-1400

207 West Hill Ave, Gallup, NM 87301

Septic permits

New Mexico Environment Department - Gallup Field Office (Onsite Wastewater Bureau)

Onsite liquid-waste permit applications and permit searches for McKinley County

505-722-4160

Gallup.ehb@env.nm.gov

1720 East Aztec Avenue, Gallup, NM 87301

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

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

Yes. Building work in unincorporated McKinley County requires a CID building permit whenever New Mexico statute or rule requires one2. Permit exemptions include qualifying one-story detached accessory buildings no larger than 120 square feet and fences no higher than 6 feet, although separate electrical, mechanical/plumbing or LPG permits may still be required1011. CID building permit fees vary with the construction type, square footage, materials and construction cost12. A property owner may seek a homeowner permit for qualifying work on a primary residence, but the owner must complete the major portion of the work by dollar value8. The homeowner application also requires ownership proof, zoning approval, a floodplain determination and fees8.

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

The New Mexico Construction Industries Division, rather than a McKinley County building department, issues the applicable state building permits for unincorporated McKinley County1. CID's Albuquerque office is at 5500 San Antonio Dr. Suite F, Albuquerque, NM 87109, and its phone number is (505) 222-980013. CID also provides an online building-permit portal13. For a residential application, submit zoning approval, two complete plan sets, the Multi-Purpose State Building Application and the fee14. CID states that it issues a building permit within 5 working days after receiving a complete package14, and its FAQ reports residential building permits processed in 3 to 4 working days15. McKinley County sends parcel-specific zoning and land-use questions to its Legal Department at 207 West Hill Ave, Gallup, NM 87301, phone 505-863-140016.

Does McKinley County have zoning?

Unincorporated McKinley County has no countywide zoning ordinance3. County zoning therefore sets no setbacks, lot-coverage limit, building-height limit or placement restriction for an accessory dwelling, RV, tiny home or manufactured home in those areas3. Building, septic, subdivision, deed and specific-use rules can still affect a project, and Gallup or another incorporated municipality may apply its own zoning and building rules inside city limits6; septic permits still come from NMED rather than the city4. McKinley County regulates subdivisions outside municipal boundaries, and overlapping county and municipal platting jurisdictions may apply concurrently17. In covered subdivisions, a lot with a slope of 5% or less has a minimum size of 1/4 acre, while a lot with a slope of 6% to 10% has a minimum size of 1/2 acre; individual liquid-waste systems must also meet the regulation's additional standards9. Ask the McKinley County Legal Department for a parcel-specific zoning letter or subdivision guidance16.

How do septic permits work in McKinley County?

NMED issues septic (onsite liquid-waste) permits in McKinley County, inside city limits as well as outside, with applications submitted to the local field office4. The Gallup field office is at 1720 East Aztec Avenue, Gallup, NM 87301; call 505-722-4160 or email Gallup.ehb@env.nm.gov18. Submit the ownership information, site diagram, floor plan and supporting documents; after approval and payment, the system must be inspected before it is covered, and NMED issues the Permit to Operate after an approved inspection197. Every homeowner-installed system requires an NMED final inspection before it is covered; other systems may carry inspection conditions in the permit20. For projects subject to Navajo Nation EPA jurisdiction, a separate construction-permit process covers septic tanks and drainfields5. Confirm the correct authority before applying on tribal or trust land. Only about 24% of county soils lack severe limitations for a conventional drain field, making an early site evaluation useful21.

Can you live in an RV or tiny home in McKinley County?

McKinley County zoning does not restrict RV occupancy, temporary camping, or the placement of tiny and manufactured homes in unincorporated areas because the county has no countywide zoning ordinance3. That zoning answer does not waive building permits, septic approval, subdivision restrictions, deed restrictions or rules imposed by a municipality276. New Mexico allows a code-compliant tiny house used as a dwelling on a permanent foundation22. A tiny house may contain no more than 400 square feet of floor area, excluding lofts, and must provide permanent living facilities22. A unit retaining its permanent axle is treated as a recreational vehicle until the axle is removed and the unit is placed on supports or a foundation22. Ask the McKinley County Legal Department for a parcel-specific letter if jurisdiction or subdivision status is unclear16.

What are the steps to build a home in McKinley County?

  1. Ask the McKinley County Legal Department for a parcel-specific land-use letter and determine whether a proposed land division requires county subdivision review1617.
  1. Confirm wastewater jurisdiction, submit the ownership information, site diagram, floor plan and supporting documents to the correct authority, and obtain septic approval before installation195.
  1. Submit zoning approval, two complete plan sets, the state application and fee to CID; a qualifying owner-builder should include the homeowner-permit documents148.
  1. Obtain a New Mexico Department of Transportation access permit before creating or modifying direct access to a state highway23.
  1. For residential work, plan for foundation, slab or under-floor, frame, weather-resistive-barrier and final inspections; CID may require more inspections10. Commercial work follows the corresponding sequence, with the prime contractor coordinating trade inspections24.
  1. Do not cover work before its inspection, and complete final trade inspections before the final general-construction inspection1024.

What should you check before buying land in McKinley County?

Start with jurisdiction: incorporated municipalities may apply rules that differ from unincorporated McKinley County6. Confirm subdivision status and legal access, because county subdivision rules include roads, driveways and parking, and each lot in a county subdivision must receive a driveway2526. Verify the water source and well feasibility; McKinley County averages 11.2 inches of precipitation annually and has experienced severe drought in about 46% of years2728. Check the septic site before choosing a house pad because only about 24% of county soils avoid severe conventional-drain-field limitations21. Ask the county which Floodplain Administrator covers the parcel, because we could not confirm a McKinley County floodplain permit standard; state rules require local approval for development in mapped Special Flood Hazard Areas of participating communities29. The effective property-tax rate is about 1.9%, with a median annual bill of about $1,3623031.

Watch-outs

  • McKinley County's no-zoning answer applies to unincorporated areas; an incorporated municipality may have its own zoning and building rules, but septic permits stay with NMED364.
  • A homeowner permit is limited to the owner's primary residence, and the homeowner must perform the major portion of the work by dollar value8.
  • County zoning does not restrict RV occupancy in unincorporated McKinley County, but septic permits, building permits, subdivision and deed requirements can still govern a specific parcel372.
  • Do not assume NMED is the septic authority on a tribal or trust parcel; Navajo Nation EPA has a separate construction-permit process for covered projects, and the correct authority must be confirmed for the specific parcel532.

Sources

  1. NM Regulation & Licensing Dept - Construction Industries Division (2026 county census)
  2. 14.5.2 NMAC Permits, quoted and re-checked
  3. New Mexico law on county zoning and building authority
  4. Apply for a Permit, quoted and re-checked
  5. Application for approval to construct, quoted and re-checked
  6. McKinley County Comprehensive Plan, quoted and re-checked
  7. Apply for a Permit, quoted and re-checked
  8. 14.5.2 NMAC Permits, quoted and re-checked
  9. McKinley County Subdivision Regulations, quoted and re-checked
  10. Building Permit Guide for Residential Construction, quoted and re-checked
  11. 14.5.2 NMAC Permits, quoted and re-checked
  12. Construction Industries Forms and Applications Fees, quoted and re-checked
  13. New Mexico Construction Industries Division (CID) - Albuquerque Office (rld.nm.gov)
  14. Construction Industry Frequently Asked Questions, quoted and re-checked
  15. Construction Industries Frequently Asked Questions, quoted and re-checked
  16. McKinley County Legal Department (Land Use) (co.mckinley.nm.us)
  17. McKinley County Subdivision Regulations, quoted and re-checked
  18. New Mexico Environment Department - Gallup Field Office (Onsite Wastewater Bureau) (env.nm.gov)
  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. 14.7.3 NMAC — 2021 New Mexico Residential Building Code (New Mexico statewide rule), quoted and re-checked
  23. 18.31.6 NMAC (New Mexico statewide rule), quoted and re-checked
  24. Building Permit Guide for Commercial Construction, quoted and re-checked
  25. McKinley County Subdivision Regulations, quoted and re-checked
  26. McKinley County Subdivision Regulations, 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
  30. Effective property tax rate: Bolthole Index county data
  31. Median property tax bill: Bolthole Index county data
  32. Liquid Waste Permitting Process, quoted and re-checked

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, McKinley County requires a building permit for a home.

RuleMcKinley CountyCibola CountySan Juan CountySandoval CountyBernalillo CountyValencia CountyCatron County
Building permitRequiredRequiredRequiredRequiredRequiredRequiredRequired
County zoningNoNoNoYesYesYesNo
Septic permitsNM Env. Dept.NM Env. Dept.NMEDNM Env. Dept.County Public WorksNM Env. Dept.NM Env. Dept.

County locator

McKinley County in New Mexico

57
County map
McKinley County highlighted among the New Mexico counties · colored by Index score

How McKinley County scores

Seclusion80100% ev.
Self-Sufficiency2898% ev.
Admin Boringness5790% ev.
Durability59100% ev.
Property Autonomy38100% ev.
Carry Cost86100% 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 →

$223kTypical home
1.9%Property tax
$605Land / acre
11.2"Annual rain
46% of yrsSevere drought
2 / yr (+2)Mid-century 100°F days
35.3 daysMid-century dry spell
0.71" (+6.3%)Mid-century 1-day rain
1.22×Wildfire change factor
100%Forward climate coverage
$1,142Home insurance / yr
-0.3% / yrInsurance growth
2.42%Nonrenewal rate
county median (2+ published ZIPs)Insurance basis
1,369Radius comparison (15 mi)
12.6People / sq mi
13.3%Federal land
86.6%Land at 15% slope or less
23.7%Soils rated "not limited" for septic (strict USDA rating)
531,156 acWorkable land screen
16.4%Wooded land
10.1 tonsBiomass / forest ac
49.7°FAvg temp

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Cities and towns in McKinley 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.

Answers from the rulebook for McKinley County

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

McKinley County rules

  • County-wide zoningAbsent

    County and unincorporated communities in McKinley County

    • The source addresses county and unincorporated communities; incorporated municipalities may have separate rules.
    “There is no general zoning ordinance for McKinley County.”
  • Local zoningVaries (with conditions)

    Aggregate local zoning across McKinley County, including unincorporated areas and incorporated municipalities

    • The county and its unincorporated communities do not exercise zoning authority; incorporated municipalities may administer separate local rules, which were not independently established in this search.
    “Whereas the City of Gallup enforces zoning laws suitable for that municipality's more urbanized character, the vast lands in the remainder of the County do not require detailed land use regulations.”
  • Zoning districts · by state lawNot published

    Unincorporated McKinley County: no county rule sets this, because McKinley County's own reviewed answer confirms it has no county-wide zoning ordinance.

    • Septic, floodplain, subdivision and health rules still apply; cities and towns set their own rules inside their limits.
    • The source addresses county and unincorporated communities; incorporated municipalities may have separate rules.
    “There is no general zoning ordinance for McKinley County.”
  • Minimum dwelling sizeNone (with conditions)

    County general-zoning minimum dwelling-size requirements in unincorporated McKinley County.

    • No general county zoning ordinance was identified.
    • The source does not address minimum sizes imposed by building, health, septic, subdivision, deed, or specific-use rules.
    • The county identifies Subdivision Regulations, the County Master Plan, and a cell-tower specific-use ordinance as separate controls.
    “There is no general zoning ordinance for McKinley County.”
  • Minimum lot sizeSpecified

    Lots in subdivisions governed by the McKinley County Subdivision Regulations, including lots proposing individual liquid waste systems, in unincorporated McKinley County.

    • For individual liquid waste systems, lot size must also meet Appendix D, Tables D-1 and D-2.
    • The regulations state a minimum of 1/4 acre for a lot with slope of 5% or less.
    • The regulations state a minimum of 1/2 acre for a lot with slope of 6% to 10%.
    • Additional Appendix D standards may apply, including slope, soil, liquid-waste, and setback requirements.

    minimum lot size at slope <=5%: 0.25 acre (Subdivision-regulation context; individual liquid waste systems must meet Appendix D.) · minimum lot size at slope 6%-10%: 0.5 acre (Subdivision-regulation context; individual liquid waste systems must meet Appendix D.)

    “The minimum size for any lot with a slope of 5% or less is 1/4 acre.”
  • Setbacks · by state lawNone

    Unincorporated McKinley County: no county rule sets this, because McKinley County's own reviewed answer confirms it has no county-wide zoning ordinance.

    • Septic, floodplain, subdivision and health rules still apply; cities and towns set their own rules inside their limits.
    • The source addresses county and unincorporated communities; incorporated municipalities may have separate rules.
    “There is no general zoning ordinance for McKinley County.”
  • Lot coverage · by state lawNone

    Unincorporated McKinley County: no county rule sets this, because McKinley County's own reviewed answer confirms it has no county-wide zoning ordinance.

    • Septic, floodplain, subdivision and health rules still apply; cities and towns set their own rules inside their limits.
    • The source addresses county and unincorporated communities; incorporated municipalities may have separate rules.
    “There is no general zoning ordinance for McKinley County.”
  • Building height · by state lawNone

    Unincorporated McKinley County: no county rule sets this, because McKinley County's own reviewed answer confirms it has no county-wide zoning ordinance.

    • Septic, floodplain, subdivision and health rules still apply; cities and towns set their own rules inside their limits.
    • The source addresses county and unincorporated communities; incorporated municipalities may have separate rules.
    “There is no general zoning ordinance for McKinley County.”
  • Living in an RV · by state lawUnrestricted

    Unincorporated McKinley County: no county rule sets this, because McKinley County's own reviewed answer confirms it has no county-wide zoning ordinance.

    • Septic, floodplain, subdivision and health rules still apply; cities and towns set their own rules inside their limits.
    • The source addresses county and unincorporated communities; incorporated municipalities may have separate rules.
    “There is no general zoning ordinance for McKinley County.”
  • Camping on your land · by state lawUnrestricted

    Unincorporated McKinley County: no county rule sets this, because McKinley County's own reviewed answer confirms it has no county-wide zoning ordinance.

    • Septic, floodplain, subdivision and health rules still apply; cities and towns set their own rules inside their limits.
    • The source addresses county and unincorporated communities; incorporated municipalities may have separate rules.
    “There is no general zoning ordinance for McKinley County.”
  • Tiny homes · by state lawUnrestricted

    Unincorporated McKinley County: no county rule sets this, because McKinley County's own reviewed answer confirms it has no county-wide zoning ordinance.

    • Septic, floodplain, subdivision and health rules still apply; cities and towns set their own rules inside their limits.
    • The source addresses county and unincorporated communities; incorporated municipalities may have separate rules.
    “There is no general zoning ordinance for McKinley County.”
  • Manufactured homes · by state lawUnrestricted

    Unincorporated McKinley County: no county rule sets this, because McKinley County's own reviewed answer confirms it has no county-wide zoning ordinance.

    • Septic, floodplain, subdivision and health rules still apply; cities and towns set their own rules inside their limits.
    • The source addresses county and unincorporated communities; incorporated municipalities may have separate rules.
    “There is no general zoning ordinance for McKinley County.”
  • Accessory dwellings · by state lawUnrestricted

    Unincorporated McKinley County: no county rule sets this, because McKinley County's own reviewed answer confirms it has no county-wide zoning ordinance.

    • Septic, floodplain, subdivision and health rules still apply; cities and towns set their own rules inside their limits.
    • The source addresses county and unincorporated communities; incorporated municipalities may have separate rules.
    “There is no general zoning ordinance for McKinley County.”
  • Septic permitRequired

    Onsite wastewater treatment systems, including septic tanks and drainfields, for projects subject to Navajo Nation Environmental Protection Agency domestic-wastewater permitting.

    • The official NNEPA application is an application for approval to construct a domestic wastewater system and expressly includes onsite wastewater treatment systems such as septic tanks and drainfields.
    • The application requires project location information, including city or village, chapter, township, range, and section.
    • The applicant must submit applicable fees, construction plans, specifications, engineering information, and other required documents.
    • The owner certifies compliance with the Navajo Nation Clean Water Act and Navajo Nation Domestic Wastewater Disposal Regulations and grants NNEPA permission to enter the site for sampling and inspection.
    • The cited NNEPA materials establish a Navajo Nation permitting process but do not state whether NNEPA or NMED has exclusive jurisdiction over every parcel of Navajo Nation or other tribal trust land located in McKinley County.
    “Prior to the construction or installation of a new wastewater treatment system, or a substantial modification to an existing wastewater treatment system, an application for a construction permit shall be made to, and a construction permit obtained from, the Director.”
  • Subdividing landRegulated (with conditions)

    Subdivision development in McKinley County

    • The regulations include parking, driveway, road design, and street-maintenance requirements.

    parking spaces: 2 per lot

    “The subdivider must provide for off street parking which conforms to the following: (a) Two parking spaces per lot”
    One more reviewed finding on this topic
    • Regulated (with conditions) — Subdivisions outside municipal boundaries but within McKinley County.
      “These Regulations shall govern all subdivision ofland not within the boundaries of municipalities but within the County. The County and a municipality exercise concurrent jurisdiction over the territory within the platting jurisdiction of both the County and the municipality, as provided in §3-20-5 and 3-20-9 NMSA 1978.”
  • Driveway accessRequired

    Each lot in a McKinley County subdivision

    • The driveway may be paved, graveled, or covered with similar material.
    “A subdivider shall provide a driveway, either paved, graveled, or covered with similar material, on each lot.”

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.”
    2 more reviewed findings on this topic
    • Required — Construction work in McKinley County for which a permit is required by New Mexico statute or rule
      “A permit is required for all construction related work for which a permit is required by statute or rule.”
    • Required — Building and related construction work in unincorporated McKinley County subject to CID jurisdiction.
      “unless the applicable permit has first been obtained from the appropriate AHJ, unless otherwise provided by statutes or rule.”
  • 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 — Property owner seeking a homeowner permit for a primary residence
      “Each permit authorizes work at the primary residence only and does not apply to rental property, other owned property or to any commercial work or property. [...] No more than one homeowner’s permit for a single-family dwelling shall be issued to the same property owner within any 12-month period.”
    • Conditional — A property owner constructing or remodeling the owner's primary personal residence in McKinley County.
      “a homeowner’s permit may be issued to a residential property owner subject to the limitations of 14.5.2.18 NMAC”
  • Building code adoptedAdopted (with conditions)

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

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

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

    “14.7.2.5 EFFECTIVE DATE: July, 14, 2023, unless a later date is cited at the end of a section. [...] 14.7.2.8 ADOPTION OF THE 2021 INTERNATIONAL BUILDING CODE: A. This rule adopts by reference the 2021 International Building Code, as amended by this rule.”
    3 more reviewed findings on this topic
    • Adopted (with conditions) — New Mexico building-code requirements applicable to construction in McKinley County
      “2021 New Mexico Commercial Building Code NMAC 14.7.2 2021 New Mexico Residential Building Code NMAC 14.7.3”
    • 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

    Commercial construction regulated by the New Mexico Commercial Building Code in McKinley County, including new commercial construction, additions, and remodels for which a state building permit is required.

    • The commercial guide lists required foundation, concrete slab or under-floor, frame, weather-resistive barrier, final, and other inspections.
    • Foundation inspection occurs after footing excavations and required reinforcing steel are complete; concrete foundation forms must be in place, subject to the ready-mixed-concrete exception stated in the guide; additional inspections may be required for approved treated-wood foundations.
    • Concrete slab or under-floor inspection occurs after in-slab or under-floor service equipment is installed but before concrete or floor sheathing is placed.
    • Frame inspection occurs after the roof, framing, fire blocking, bracing, pipes, chimneys, and vents are complete and rough electrical, plumbing, and heating work is approved.
    • Weather-resistive barrier inspection occurs after installation and before covering.
    • Final inspection occurs after finish grading and completion, before occupancy; final electrical, plumbing, and mechanical inspections must precede final general-construction inspection.
    • The Construction Inspector may require additional inspections to determine compliance with the New Mexico Building Code and other enforced laws; the prime contractor coordinates plumbing, mechanical, and electrical inspections.
    • No building or structure may be used or occupied, and no change in occupancy classification may be made, until the building official issues a certification of occupancy.
    • Local authorities may enact requirements stricter than state minimum codes under 14.5.1.9 NMAC.
    “This rule applies to all contracting work performed in New Mexico after March 10, 2022, that is subject to the jurisdiction of CID, unless performed pursuant to a permit for which an application was received by CID before that date. [...] All work for which a permit is issued must be inspected.”
    3 more reviewed findings on this topic
    • Required — Residential construction regulated by the New Mexico Residential Code in McKinley County, including new construction, alterations, repairs, relocations, and demolitions for which a building permit is required.
      “This rule applies to all contracting work performed in New Mexico after March 10, 2022, that is subject to the jurisdiction of CID, unless performed pursuant to a permit for which an application was received by CID before that date. [...] All work for which a permit is issued must be inspected.”
    • Required — Permitted construction work subject to New Mexico construction codes, including work subject to the NMCBC, NMRBC, NMEC, NMMC, or applicable plumbing codes; this state rule applies to construction in unincorporated McKinley 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 occupancyLimited

    Buildings or portions of buildings on which construction has been undertaken under the New Mexico construction rules, including construction in unincorporated McKinley County.

    • Occupancy requires either a certificate of occupancy or an approved final inspection, as applicable.
    • A certificate of occupancy may be temporary for 30 days or longer if approved by the TBC or CBO, the AHJ determines it appropriate, and life, safety, or health will not be adversely affected.
    • A temporary certificate may be extended up to a maximum of 12 months upon written request and good cause.
    • A certificate of occupancy is not approval of violations or certification of compliance with other regulatory agencies.
    “No building, or portion thereof, on which construction has been undertaken shall be occupied until [...] a C/O or an approved final inspection, as applicable.”
  • Who permits septicState

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

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

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

    “20.7.3.1 ISSUING AGENCY: New Mexico Environmental Improvement Board.”
    One more reviewed finding on this topic
    • State — Onsite liquid-waste permitting and inspection in McKinley County.
      “Submit to Local NMED Field Office for review”
  • 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
    • Limited — Homeowner-installed onsite liquid-waste systems
      “Before covering the system – Final inspection (required)”
    • Required — Onsite liquid-waste systems in McKinley County, including homeowner installations.
      “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.”
  • 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”
  • 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 CID permit fees relevant to McKinley County construction.

    • General-building fees vary by construction type, square footage, materials, and construction costs.
    • Electrical fees include published amounts by panel size.

    residential electrical service <=100 amps: 45 USD · residential electrical service >100 through 200 amps: 72 USD

    “Permitting Fees are based upon type of construction, square footage, type of materials and construction costs. [...] 100 Amp Services/Panel And Below | $45 [...] Over 100 Amp Services/Panel Thru 200 Amp | $72”
    2 more reviewed findings on this topic
    • Variable (with conditions) — New Mexico CID building permits applicable in McKinley County
      “Permitting Fees are based upon type of construction, square footage, type of materials and construction costs.”
    • 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

    CID building-permit applications affecting construction in McKinley County.

    • Two complete sets of hard-copy plans or electronic plans with specifications must be submitted.
    • Plans must clearly show the project in its entirety.
    • Residential permits were reported as processed in three to four working days and commercial permits in five to ten working days on the accessed FAQ page.
    • Zoning approval, missing information, or missing professional stamps may delay processing.

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

    “Two complete sets of hard copy plans or electronic plans with specifications must be submitted to the Construction Industries Division for a permit”
    3 more reviewed findings on this topic
    • Published (with conditions) — Residential building permit applications handled by New Mexico CID
      “Upon receipt of the complete permit package CID will enter, review, and approve the permit request and issue a building permit within five (5) working days.”
    • Published (with conditions) — CID building-permit applications for McKinley County projects.
      “The submittal requirements for a homeowner’s building permit are as follows: [...] Submit the completed Multi-Purpose State Building Application. [...] 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.”
    • 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.

  • Well permit — Private well permits in McKinley County.
  • Short-term rentals — Short-term rentals in McKinley County.

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 McKinley 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 ↗
  • Bluewater 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. Bluewater-Toltec/Rio San Jose area (Grants/Milan), historically overdrafted by irrigation and uranium-era mining/dewatering; San Andres-Glorieta aquifer in long-term drawdown.

    NM OSE Article 7 (Declared Underground Water Basins) ↗
  • Gallup Basin — Nutria/Pescado Critical Protection Area (Order 197)localized of county

    State Engineer Order 197 (2023) interim-closes part of the Gallup Basin to new appropriations and caps a household domestic well at 0.50 acre-ft/yr with mandatory metering and bi-annual readings.

    NM OSE State Engineer Order 197 ↗
  • San Juan 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. San Juan (Colorado River) system in NW NM, governed by the Upper Colorado compacts and the Navajo Nation water-rights settlement.

    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 McKinley County, New Mexico

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

McKinley County scores 57/100 on the Bolthole Index, a solid county profile. Its strengths: manageable long-term carry cost and sparse surroundings — about 1,369 people within 15 miles. Watch-outs: weak self-sufficiency basics: only 11.2″ of rain a year, in severe drought 46% of years and a weaker property-autonomy legal backdrop.

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

McKinley County generally requires a residential building permit, and it has no county-wide zoning. Onsite septic is permitted by New Mexico Environment Department, Onsite Wastewater (Liquid Waste) Bureau. 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.

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

Living in an RV on your own land in McKinley County is allowed: Unincorporated McKinley County: no county rule sets this, because McKinley County's own reviewed answer confirms it has no county-wide zoning ordinance. Septic, floodplain, subdivision and health rules still apply; cities and towns set their own rules inside their limits. The source addresses county and unincorporated communities; incorporated municipalities may have separate rules. A tiny home is allowed. Confirm with the county before relying on it.

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

Land in McKinley County runs about $605 per acre, based on the latest county data.

What is the water situation in McKinley County?

McKinley County gets about 11.2" of rain a year, with severe drought in roughly 46% of years. On water rights, McKinley County lies in the Bluewater 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. Bluewater-Toltec/Rio San Jose area (Grants/Milan), historically overdrafted by irrigation and uranium-era mining/dewatering; San Andres-Glorieta aquifer in long-term drawdown..

How remote is McKinley County?

A typical private-land location has about 1,369 people within 15 miles and 1,446,685 within 100 miles. These radius catchments are the published fallback where road routing is unavailable.

How McKinley compares in New Mexico

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