New Mexico / Bernalillo County

Patio Permit in Bernalillo County, New Mexico

Permit required

Yes, a permit is required

Before building a patio; the county's chart answers Yes for patios in every residential and agricultural zone.

Confirmed on official page Verified

Issued byBernalillo County Planning & Development Services, Building Section

By Mario Bailey, verified against official sources

Quick answer

Bernalillo County's Detailed Property Zone Permit Information chart answers "Yes" (permit required) for patios in every zone it lists (A-1, A-2, R-1, R-2 and M-H), with no size or cover condition. It is the county's only published patio-specific answer. Patios are applied for as a residential building permit through Planning and Development Services.

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When a permit is usually needed

Before building a patio; the county's chart answers Yes for patios in every residential and agricultural zone.

What a patio permit costs in Bernalillo County

Line item
patio permitBy formulaBuilding permit fees are valuation-based under Administrative Resolution 25-2009 (effective May 1, 2009), Table 3-A: "$30.00 plus $4.00 per $1,000.00 Valuation" Building Permit Fee plus "$30.00 plus $2.00 per $1,000.00 Valuation" Building Plan Review Fee. Covered patios are entered on the residential application under "Carport, Porches, Patios" area.
Fee schedule in forceOfficial scheduleRead . Fees are the jurisdiction’s; we do not mark them up or estimate them.

How to apply in Bernalillo County

In Bernalillo County, applying for a patio permit means submitting a site plan and framing plans for a roofed patio cover, since a cover is treated as its own permitted structure regardless of size. A plain concrete or paver patio slab at or near grade is, by contrast, often exempt from that same building permit requirement.

What most patio permit applications include:

  • Filing a permit application with the local building department, which only the property owner or an authorized agent may sign, since a patio cover is treated as its own permitted structure regardless of size (IRC R105.1).
  • For Bernalillo County, a scaled site plan showing the new patio cover's size and location relative to the house and other existing structures, with dimensioned distances to all property lines so required setbacks can be verified before the permit is approved (IRC R106.2).
  • Construction documents such as a framing plan and elevation, showing rafter or beam sizes and spacing, the distance between supporting posts, and the method of attachment to the house, drawn with enough clarity for the building official to confirm the work will conform to the code (IRC R106.1).
  • For the roof structure itself, plans showing compliance with the patio cover appendix's structural limits, such as adequate footing sizes for the applied post loads, since a shallow slab on grade may substitute for a deeper footing only in limited cases up to about 750 pounds of load per post (IRC Appendix AH, Section AH105.2).
  • By contrast, an at grade concrete or paver patio that is not attached to the dwelling and stays within the code's small flatwork thresholds, similar to a sidewalk, driveway, or low deck under 200 square feet and 30 inches high, commonly needs no building permit at all, so none of the plan review steps above apply (IRC R105.2).

General submittal guidance from 2021 International Residential Code (IRC), Sections R105 and R106, with Appendix AH Patio Covers (named Appendix H in the 2012, 2015, and 2018 editions). Source. Bernalillo County Planning & Development Services, Building Section sets the exact checklist for Bernalillo County.

Where to apply in Bernalillo County:

Bernalillo County Planning & Development Services, Building Section

  • 415 Silver Ave. SW, 2nd Floor, Albuquerque, NM 87102
  • Phone: (505) 314-0350
  • Email: permits@bernco.gov

Patio Permit in Bernalillo County compared with nearby New Mexico localities

LocalityPermit needed?ThresholdWhat each New Mexico schedule saysVerified
Bernalillo CountyPermit requiredAny size...under Administrative Resolution 25-2009 (effective May 1, 2009), Table 3-A: "$30.00...
AlbuquerqueIt dependsCovered versus uncovered: a patio cover or porch needs a building permit; an uncovered at-grade slab falls under the exemption for platforms and walks...permit fee from "TABLE 112-A BUILDING PERMIT FEES" by total valuation ("$1.00 to...

Inspections and closing out your permit

In Bernalillo County, a permitted patio cover follows the same footing, frame, and final inspection sequence used for any small accessory structure, since the posts and roof framing have to be checked before they are covered and again once the work is done. An at grade patio slab that qualifies as exempt flatwork usually needs no building inspection at all, because inspections only attach to work that required a permit in the first place.

  1. In Bernalillo County: a footing inspection once the excavation, forms, and any reinforcing steel are in place but before concrete is poured, confirming the posts supporting a patio cover will bear on adequate footings (IRC R109.1.1).
  2. In Bernalillo County: a frame inspection after the rafters, beams, posts, and any required rough in work are in place but before the roof sheathing or covering material conceals them, since a solid patio cover roof cannot be signed off once it is covered without this check (IRC R109.1.4).
  3. In Bernalillo County: a final inspection once all permitted work, including roofing and post anchorage, is complete, which the code requires before the structure may be used (IRC R109.1.6).
  4. In Bernalillo County: an at grade concrete or paver patio that qualifies as exempt flatwork under the permit rules is not subject to any of these inspection stages, since the inspection sequence only attaches to work that required a permit in the first place (IRC R105.2).
  5. In Bernalillo County: each inspection has to be requested by the permit holder rather than happening automatically, and the approved plans and permit card need to be on site and available when the inspector arrives (IRC R109.3).

Schedule each inspection in advance and pass the final before you use the work or close the permit. Request inspections through the Bernalillo County permit portal or by phone at (505) 314-0350.

Inspection sequence from 2021 International Residential Code (IRC), Section R109 (Inspections). Source. An open permit left un-inspected can surface later in a title search or home sale.

Permitting activity in Bernalillo County

In 2025, Bernalillo County authorized permits for 1,560 new residential housing units (668 single-family, 892 in multi-family buildings), valued at $314M, up from 1,316 the year before. That works out to about 2.3 permits per 1,000 residents.

Source: U.S. Census Bureau, Building Permits Survey, 2025 annual data · population 667,601.

Frequently asked questions

Do you need a patio permit in Bernalillo County?
Bernalillo County's Detailed Property Zone Permit Information chart answers "Yes" (permit required) for patios in every zone it lists (A-1, A-2, R-1, R-2 and M-H), with no size or cover condition. It is the county's only published patio-specific answer. Patios are applied for as a residential building permit through Planning and Development Services. Always confirm with the Bernalillo County Planning & Development Services, Building Section before starting.
How much does a patio permit cost in Bernalillo County?
Building permit fees are valuation-based under Administrative Resolution 25-2009 (effective May 1, 2009), Table 3-A: "$30.00 plus $4.00 per $1,000.00 Valuation" Building Permit Fee plus "$30.00 plus $2.00 per $1,000.00 Valuation" Building Plan Review Fee. Covered patios are entered on the residential application under "Carport, Porches, Patios" area. See the official fee schedule for current amounts.
How long does a patio permit take in Bernalillo County?
The general turn-around time for a residential building permit is five working days (Building Services FAQ). Times can vary by workload and project scope, so confirm with the office.
Where do you apply for a patio permit in Bernalillo County?
You can apply through the Bernalillo County permit portal or contact the Bernalillo County Planning & Development Services, Building Section directly. The links are listed on this page.
Can a homeowner pull a patio permit themselves in Bernalillo County?
Under New Mexico law (NMSA 1978, 60-13-3(D)(10), (11); 14.5.2.8(B) NMAC; 14.5.2.18 NMAC): Yes, with tight limits. CILA exempts from the contractor definition an individual who, alone or with wage-paid help, builds or makes installations, alterations or repairs to a single-family dwelling he owns and occupies or will occupy (60-13-3(D)(10)), and a person building or improving a single-family residence for personal use (60-13-3(D)(11)). The work must still meet all state codes, and CID's homeowner permit (14.5.2.18 NMAC) applies only to the owner's primary residence and its garages, carports and sheds, never to rental, other owned or commercial property. The homeowner must perform the major portion of the work by dollar amount and file a signed, notarized responsibility sheet. A homeowner electrical permit requires passing a CID homeowner electrical exam (75% to pass), a plumbing permit requires a competency showing that may include a written exam, and no homeowner permit is issued for HVAC, natural gas or LP gas work. The project may not be put on the market while under construction (doing so voids the permit and can bring unlicensed contracting charges), and only one single-family homeowner permit may be issued to the same owner in any 12-month period. Confirm how Bernalillo County applies this before you apply.

From the Library

What else needs a permit in Bernalillo County

Every other permit type we have verified for this jurisdiction, with the rule that applies here.

ProjectPermit needed?ThresholdTypical fee
Bathroom Remodel PermitIt dependsBefore moving or adding plumbing fixtures, adding circuits, or making structural changesBuilding work is valuation-based under Resolution 25-2009 Table 3-A ("$30.00 plus $4.00...
Deck PermitIt dependsheight of a platform above grade; also not over a basement or story below and not part of an accessible route...under Administrative Resolution 25-2009 (effective May 1, 2009), Table 3-A: "$30.00...
Electrical PermitIt dependsBefore adding or altering wiring, circuits, outlets, panels or servicesResolution 25-2009 Table 3-B Electrical Permit Fees: administrative charge $23.50 each
EV Charger PermitIt dependsBefore installing a hardwired charger or a new 240-volt circuit or receptacle for an...Resolution 25-2009 Table 3-B: administrative charge $23.50 each
Fence PermitIt dependsheight of a fence or freestanding masonry wall above grade, measured on the lowest side; open-style fences such as chain-link any height as determined by the building official...footage of the wall." Otherwise building permits are valuation-based: "$30.00 plus...
HVAC PermitIt dependsBefore installing or replacing a furnace, air conditioner, heat pump, boiler...Resolution 25-2009 Table 3-C Mechanical Permit Fees: administrative charge $23.50 each
Plumbing PermitIt dependsBefore installing, altering or relocating plumbing or gas piping, fixtures, sewer or...Resolution 25-2009 Table 3-D Plumbing Permit Fees: administrative charge $23.50 each
Pool PermitIt dependsprefabricated pool accessory to a Group R-3 dwelling, installed entirely above ground, capacity not over 5,000 gallons...under Administrative Resolution 25-2009 (effective May 1, 2009), Table 3-A: "$30.00...
Roof Replacement PermitPermit requiredAny size...under Administrative Resolution 25-2009 (effective May 1, 2009), Table 3-A: "$30.00...
Shed PermitIt dependsone-story detached accessory building used as a tool or storage shed, playhouse or similar use...under Administrative Resolution 25-2009 (effective May 1, 2009), Table 3-A: "$30.00...
Solar PermitPermit requiredAny size...building permit (BRSP), valuation-based under Resolution 25-2009 Table 3-A ("$30.00...
Water Heater PermitPermit requiredAny sizePlumbing (Table 3-D) and mechanical (Table 3-C) each carry a $23.50 administrative charge

Patio Permit in other New Mexico localities

Everything above, sourced

Code references

National and state model-code sections the general guidance on this page is drawn from. They are not Bernalillo County documents; the office above sets the local rules.

How this patio permit page for Bernalillo County was verified. 2 official sources: bernco.gov, bernco.gov; fee schedule: official document. Last checked by Mario Bailey, not confirmed with Bernalillo County Planning & Development Services, Building Section. Rules change; confirm before you build. How we verify.

Last checked: Report an error on this page

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