ADU rules in New Mexico
Representative cities: Albuquerque, Santa Fe.
ADU permit rule
Permit requiredGenerally allowedcity authority
Fee basis
Set by local jurisdiction
Typical timeline
Varies
Setback
—
Area threshold
No statewide ADU mandate; an ADU is a dwelling and requires a building permit.
Exempt if
None — an accessory dwelling unit (casita, garage apartment) always requires a building permit under the New Mexico Residential Code.
Go / no-go
allowed
New Mexico has no statewide by-right ADU law; allowance is set by local zoning. Example: Albuquerque’s Integrated Development Ordinance (IDO) permits one casita (max 750 sq ft) in R-A and R-1 zones as of 2023. Verify with your local planning department.
ADU official sources: NM Construction Industries Division (CID) · City of Albuquerque — Building Safety / IDO
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Frequently asked questions
Do I need a permit to build an ADU in New Mexico?
Per New Mexico rules, an ADU is "yes" for a permit and the authority is "city". New Mexico has no statewide by-right ADU law; allowance is set by local zoning. Example: Albuquerque’s Integrated Development Ordinance (IDO) permits one casita (max 750 sq ft) in R-A and R-1 zones as of 2023. Verify with your local planning department. Always confirm with the issuing building department.
How big can an ADU be in New Mexico?
Area threshold: No statewide ADU mandate; an ADU is a dwelling and requires a building permit.
What are the ADU setbacks in New Mexico?
Setback rules vary by city in New Mexico; confirm with the local planning or building department.
How much does an ADU permit cost in New Mexico?
Permit fees are set locally in New Mexico. See the official source on this page.