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Municipal GuideNew MexicoMcKinley County · New Mexico

McKinley County, New Mexico Building Permit Guide

Much of McKinley County is tribal land — Navajo Nation, Zuni Pueblo and the Ramah Navajo community — and none of it is permitted by the county or the state at all.

Scope: McKinley CountyCode route: New Mexico Construction Industries Division codes (14.7 NMAC)Trades: State licensed
Tribal land
Navajo Nation, Zuni Pueblo, Ramah NavajoSovereign, outside county and state jurisdiction
Permitting
Construction Industries DivisionWhere no local enforcement agency exists
County role
Subdivision and master planNo general zoning ordinance; no building permits
City of Gallup
Issues building permitsTrade permits from the state

McKinley County, in the far west of New Mexico against the Arizona line, has a large share of tribal land. Navajo Nation territory covers much of the north and west, Zuni Pueblo occupies the south-west, and the Ramah Navajo community sits to the south-east. All of it is sovereign territory with its own governing authorities and its own building processes, outside county and state jurisdiction entirely.

On the remainder, the ordinary New Mexico structure applies. Where no certified local enforcement agency exists the Construction Industries Division issues building permits and carries inspections directly, enforcing the state codes at 14.7 NMAC, while McKinley County, which has no general zoning ordinance, regulates land division through its 1997 Subdivision Regulations and master plan. Inside Gallup, the City’s Planning & Development Department issues the building permit, and electrical, mechanical and plumbing permits come from the Construction Industries Division. Establishing which of these four authorities holds a given parcel is the first task on any project here, and it cannot be done from the map's appearance.

This guide covers unincorporated McKinley County land outside tribal jurisdiction. Navajo Nation, Zuni Pueblo and Ramah Navajo lands are sovereign territory governed by their own authorities, and Gallup issues its own building permits.

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Four authorities on one map. A McKinley County parcel may fall under Navajo Nation, Zuni Pueblo or Ramah Navajo jurisdiction — sovereign territory with its own building processes — or under the City of Gallup, or under the Construction Industries Division with county land use alongside. Checkerboarded land ownership across this county makes the boundary a records question, never a visual one.

What requires a building permit in McKinley County?

McKinley County runs no building department. Its own land rules are the Subdivision Regulations of 1997, the County Master Plan and one use-specific ordinance, the Wireless Tower Ordinance (2021-NOV-005), which the county says works much like zoning for cell towers. A letter on zoning or land use for a particular area comes from the county’s Legal Department.

Typically permit required

  • Construction, alteration, relocation, enlargement, replacement, repair, change of occupancy or demolition, on land within county and state jurisdiction
  • County subdivision approval where land is divided (the county has no general zoning ordinance; ask its Legal Department for a zoning letter on a specific area)
  • Electrical, mechanical and plumbing work, each on its own permit and by a state-licensed contractor
  • New buildings, additions and structural work, under the commercial or residential code as applicable
  • Alteration, relocation, enlargement, replacement and repair of a building or structure
  • Any change of use or occupancy, which brings the existing building code into the analysis

Often exempt

  • Minor repairs, and the small items the state permit rule (14.5.2 NMAC) lists as exempt
  • Swings and other playground equipment at a house
  • Small accessory structures below the threshold — zoning and any local amendment still apply

Local building departments and what they change

Gallup is the county’s only incorporated municipality, so the map sorts into four cases:

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  • Gallup (population 19,969): a two-office city. The City’s Planning & Development Department, 110 W. Aztec Avenue (505-863-1240), issues the building permit. The City states that it does not issue mechanical, electrical or plumbing permits, which come from the state Construction Industries Division (CID); the number the City gives, 505-476-4500, is the Regulation and Licensing Department’s main line, and CID’s Albuquerque office is on 505-222-9800. The City adds that all manufactured home work is permitted by the state Manufactured Housing Division.
  • County land outside Gallup and outside tribal jurisdiction, including communities such as Gamerco and Thoreau: CID issues the building and trade permits, and the county reviews any division of land.
  • Navajo Nation, Zuni Pueblo and Ramah Navajo lands: the nation’s or pueblo’s own process; neither the county nor the state has a role.
  • Work in a road right-of-way: the county Road Department for county roads, the City of Gallup Public Works Department (505-863-1290) for city streets, and the New Mexico Department of Transportation’s Milan office (505-290-0117) for state highways.

New Mexico adopts its building codes statewide; a city or county with its own certified building official issues its own permits, and elsewhere the state Construction Industries Division does. New Mexico rules

Who handles permitting in McKinley County?

The Construction Industries Division issues building permits and carries inspections where no local enforcement agency exists, enforcing the state codes and licensing contractors statewide. McKinley County, which has no general zoning ordinance, regulates subdivision; the City of Gallup issues building permits inside its limits, with trade permits there from the division; and Navajo Nation, Zuni Pueblo and Ramah Navajo lands are governed by their own authorities outside county and state jurisdiction.

McKinley County permitting contact
DetailInformation
Building permitsConstruction Industries Division, where no local enforcement agency exists
County officesMcKinley County, 207 West Hill Avenue, Gallup, NM 87301
Phone505-863-1400 — county main line; land use questions go to the Legal Department
Outside jurisdictionNavajo Nation, Zuni Pueblo and Ramah Navajo lands
CityGallup Planning & Development, 110 West Aztec Avenue, 505-863-1240, issues building permits inside its limits (Monday to Friday, 8:00 am to 5:00 pm); trade permits there come from the division
Rural addressingCounty GIS Center, 207 West Hill Avenue, 505-863-9517
Driveway and right-of-way permitsCounty Road Department, 1980 Warehouse Lane, Gallup, 505-722-2303
Liquid waste (septic)New Mexico Environment Department, Gallup field office, 1720 East Aztec Avenue, 505-722-4160
Contractor licensingConstruction Industries Division, statewide

Permit types

Residential permits

A house on land within county and state jurisdiction clears any county subdivision requirement, then takes the building permit from the Construction Industries Division against the New Mexico Residential Building Code as amended. On tribal land the process is the relevant nation's or pueblo's own, and neither the county nor the division has a role in it — a distinction that determines who is even asked, let alone what is required.

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On county land the practical county steps are few. The GIS Center assigns the rural address that 911 dispatch uses, the Road Department publishes a Driveway Permit and a right-of-way application for permission to excavate, and a division of land that is exempt from the Subdivision Regulations is recorded on the county’s Claim of Exemption form.

Commercial permits

Commercial work in McKinley County concentrates around Gallup and the Interstate 40 corridor, with the city permitting inside its limits and the state division elsewhere. On or adjoining tribal land, early engagement with the relevant tribal authority is the practical requirement, and lease and right-of-way arrangements can take considerably longer than any building review.

Inside Gallup, the City lists the work that needs its permit: new commercial and residential construction, structural additions and alterations, demolition, asphalt paving and overlay, excavation and grading, roofing and re-roofing, all storage sheds, signs, ground-mounted solar panels, stucco and re-stucco, site development, fences, temporary events and the placement or transport of manufactured homes. It lists as exempt the painting of houses inside and out, interior painting of commercial buildings, minor landscaping, carpeting, tiling, cabinetry, counter tops and roof-mounted solar panels.

Gallup applications are dropped off at the Planning & Development office or sent by mail or overnight carrier, and review starts only when the application is complete with every required document. The City publishes separate contractor and homeowner applications for building, roofing, site development plan and stucco permits, plus sign, fence, building transport and temporary use applications and an extension request form.

Which authority issues the permit

In McKinley County the Navajo Nation, Zuni Pueblo and Ramah Navajo lands sit outside county and state jurisdiction, checkerboarded ownership complicates the boundaries across much of the county, and the high-desert terrain brings its own water supply and access constraints.

New Mexico licenses contractors at state level through the Construction Industries Division, in classifications tied to a qualifying party. New Mexico rules

McKinley County permit costs and fees

Building permit fees follow the state division's schedule where it permits, with county land use approvals charged separately and tribal processes carrying their own requirements.

McKinley County fee reference points
ItemFee or rule
Building permitThe Construction Industries Division's schedule where it is the permitting authority
County land useSubdivision approvals, charged by the county (no general county zoning)
Gallup building permitBy construction valuation under City Resolution No. R2004-40 (table below), with plan check and zoning check fees added
Trade permitsElectrical, mechanical and plumbing permits from the Construction Industries Division, inside Gallup as well as outside, for state-licensed contractors
Contractor licenceIssued by the Construction Industries Division, valid statewide
Tribal landGoverned by the relevant nation's or pueblo's own process
City permitsGallup issues building permits inside its limits; trade permits come from the division

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City of Gallup building permit fees (Resolution No. R2004-40)
Total valuation or itemCity fee
$1 to $500$15.00
$501 to $2,000$15.00 for the first $500, plus $2.00 for each additional $100 or fraction
$2,001 to $25,000$45.00 for the first $2,000, plus $9.00 for each additional $1,000 or fraction
$25,001 to $50,000$252.50 for the first $25,000, plus $6.50 for each additional $1,000 or fraction
$50,001 to $100,000$414.50 for the first $50,000, plus $4.50 for each additional $1,000 or fraction
$100,001 to $500,000$639.50 for the first $100,000, plus $3.50 for each additional $1,000 or fraction
$500,001 to $1,000,000$2,039.50 for the first $500,000, plus $3.00 for each additional $1,000 or fraction
Over $1,000,000$3,539.50 for the first $1,000,000, plus $2.00 for each additional $1,000 or fraction
Plan check fee75% of the building permit fee for new commercial construction; 55% for new commercial additions or remodeling valued at no more than $50,000; 45% for all residential building permits
Zoning check fee$25 on commercial permits; $15 on residential permits
Re-inspection$25 each

For a house in Gallup valued at $200,000, the building permit fee is $639.50 plus 100 times $3.50, which is $989.50. The 45 percent residential plan check adds about $445 and the zoning check $15, so the City’s fees come to about $1,450. The electrical, mechanical and plumbing permits are bought separately from the state. Under City Code 9-1-7, no building permit fee is charged to the city, county, state or federal government, to churches, religious organizations and fraternal or benevolent associations, or to organizations exempt from property tax under state law.

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Checkerboarded land is a records problem. Much of McKinley County is checkerboarded — tribal, allotted, federal, state and private parcels interleaved section by section. Adjacent land can fall under entirely different authorities, and the pattern is invisible on the ground. The jurisdiction is established from the title and the land records, and getting it wrong wastes the whole of a design budget.

Trade permits and who may pull them

Permit required

  • Any parcel — establish the jurisdiction from the land records before anything else
  • Electrical — state-licensed electrical contractor; separate permit and inspection
  • Mechanical — state-licensed mechanical contractor; separate permit, covering heating, cooling and refrigeration
  • Plumbing — state-licensed plumbing contractor; separate permit under the New Mexico Plumbing Code. Natural gas piping needs a gas-fitting licence and follows the New Mexico Mechanical Code
  • Liquefied petroleum gas work, which the division regulates separately

Typically exempt

  • Building, plumbing or electrical work a homeowner does on their own primary residence under a homeowner permit; heating, cooling and gas work need a licensed contractor

Electrical, mechanical and plumbing work is permitted separately and done by contractors holding the matching state licence. New Mexico rules

How to apply for a McKinley County building permit

1. Read the jurisdiction from the land records

Tribal, allotted, federal, state and private parcels sit side by side, so the title decides whether the nation or pueblo, the City of Gallup or the state is the authority.

2. Check whether the land is being divided

A division of county land falls under the 1997 Subdivision Regulations unless a Claim of Exemption applies; the Legal Department answers land use questions on 505-863-1400.

3. Get the rural address and driveway permit

The county GIS Center assigns addresses, and the Road Department issues the driveway permit for a county road.

4. Arrange water and liquid waste

A septic system needs a permit from the Environment Department’s Gallup field office.

5. Apply to the office that holds the parcel

Gallup Planning & Development for a building permit in the city, with the trades at the state division; the state division’s online portal for county land.

6. Call inspections with the issuing office

City building inspections in Gallup, state inspections for the trades and for county land, then the certificate of occupancy.

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Review, corrections and what actually causes delay

McKinley County's building review sits with the state division where no local agency exists, any subdivision review with the county, and tribal land with the relevant nation or pueblo. What delays a project here is a parcel whose jurisdiction was assumed from its surroundings.

Inspections in McKinley County

Inspections follow the adopted codes' sequence — footing, foundation, framing, rough trades, insulation and final — and are requested from whichever authority issued the permit, with the trades inspected on their own permits. Work that passes final receives a certificate of occupancy for new buildings and changes of occupancy. Inspections are carried by the Construction Industries Division where it is the permitting authority, inside Gallup by the City for its building permit and by the division for the trades, and on tribal land under the relevant authority's own process.

McKinley County permit search and official resources

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Frequently asked questions

Does the county permit on tribal land?

No. Navajo Nation, Zuni Pueblo and Ramah Navajo lands are sovereign territory with their own governing authorities and building processes, outside county and state jurisdiction.

Who issues a building permit on non-tribal county land?

The Construction Industries Division, where no certified local enforcement agency exists; the county has no general zoning ordinance and regulates subdivision separately.

What does checkerboarded land mean?

Tribal, allotted, federal, state and private parcels interleaved section by section, so adjacent land can fall under different authorities. The pattern is invisible on the ground and must be read from the records.

Which code applies on county land?

The state code adopted by the Construction Industries Division, on the 2021 International Codes as amended.

Does Gallup permit its own work?

For building permits, yes, inside its own city limits. Gallup does not issue electrical, mechanical or plumbing permits; those come from the Construction Industries Division.

Who licenses my contractor?

The Construction Industries Division, at state level, valid throughout New Mexico.

How much is a building permit in Gallup?

The City charges by construction valuation under Resolution No. R2004-40. A house valued at $200,000 pays a $989.50 building permit fee, a residential plan check of 45 percent of that and a $15 zoning check, about $1,450 in all, and the trade permits come from the state on top.

Does McKinley County have zoning?

No. The county says there is no general zoning ordinance; it regulates the division and development of land through its Subdivision Regulations of 1997 and the County Master Plan, and has a separate ordinance for cell towers.

What needs a building permit in Gallup?

Most construction work in the city, including roofing and re-roofing, all storage sheds, fences, stucco, signs, demolition, grading and ground-mounted solar panels. House painting, interior commercial painting, minor landscaping, carpeting, tiling, cabinetry, counter tops and roof-mounted solar panels are exempt.

Who issues septic permits in McKinley County?

The New Mexico Environment Department, on land under state jurisdiction. Its Gallup field office is at 1720 East Aztec Avenue (505-722-4160).

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In McKinley County the first question is whose land it is, and the answer is in the records rather than the landscape. We establish the jurisdiction before any other work begins.

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More New Mexico permitting guides

This guide is provided by Alliance Permitting for general information about McKinley County permitting. Requirements, fees, and procedures change; confirm details with the permitting authority before relying on them.