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Doña Ana County, NM Animal Ordinances: Bird Protection (2026)

Significant Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified August 2026

Key Facts

Governing section
County Code § 134-16.A, B, H
Aviary/raptor permit
Requires federal + State Game and Fish license
Pigeon species allowed
Racing, sporting and fancy pigeons only
Common pigeons
Prohibited countywide
Loft space minimum
1.5 sq ft per mature bird
Inspection window
6:00 a.m. to 10:00 p.m.

Summary

Doña Ana County requires a special animal permit before anyone can keep an outdoor rehabilitation aviary, a bird of prey, or a pigeon loft, and will not issue the aviary or raptor permit without proof of a federal and State Game and Fish license, per § 134-16.

These county ordinances apply to unincorporated areas of Doña Ana County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

A. Outdoor rehabilitation aviary. A special permit is required by any person to keep or maintain an outdoor rehabilitation aviary. The County Codes Enforcement Department will not issue this special permit without proof of a license issued by the federal government and the State Department of Game and Fish. B. Birds of prey. A special permit is required by any person to keep or maintain a bird of prey. The County Codes Enforcement Department will not issue this special permit without proof of a license issued by the federal government and the State Department of Game and Fish.

Full Breakdown

§ 134-16 is the county's special-permit chapter for higher-risk or regulated animals, and birds get two dedicated categories. Subsection A requires a special permit for anyone keeping or maintaining an outdoor rehabilitation aviary, and the County Codes Enforcement Department will not issue it without proof of a federal license and a license from the State Department of Game and Fish. Subsection B applies the identical rule to birds of prey. m. 5 square feet of floor space per mature bird, stay sanitary, store feed against rodents, and confine birds except for limited exercise, training or competition flights; pigeons cannot be fed outside the loft or released within four hours of their last feeding.

Subsection G lets the Zoning Administrator or Animal Control Officer revoke any bird permit for unsanitary conditions, unsafe structures, or keeping species beyond what the permit allows.

Violations & Fines

Keeping an aviary, bird of prey or pigeon loft without the § 134-16 special permit, or violating a permit condition such as the inspection window or loft sanitation standard, is enforced under § 1-20: up to a $300 fine, up to 90 days in jail, or both, with continuing violations charged day by day. The Zoning Administrator or Animal Control Officer can also revoke the permit outright for unsafe or unsanitary conditions under § 134-16.G.

Frequently Asked Questions

Can I keep a bird of prey in Doña Ana County?
Only with a special animal permit under § 134-16.B, and the County Codes Enforcement Department will not issue that permit unless you first hold both a federal license and a license from the New Mexico Department of Game and Fish. Keeping a raptor without those licenses and the county permit is a chapter 134 violation.
Are common pigeons legal to keep in Doña Ana County?
No. § 134-16.H defines permitted pigeons as racing, sporting or fancy varieties recognized by named national pigeon clubs, and states flatly that 'the maintaining of undomesticated common variety pigeons is prohibited within the County limits.' Permitted lofts also need at least 1.5 square feet of floor space per bird.
Does a wildlife rehabilitator need a county permit for an outdoor aviary?
Yes. § 134-16.A requires a special permit from the county for any outdoor rehabilitation aviary, on top of the federal and state Game and Fish licenses a rehabilitator already needs. The Animal Control Unit can inspect the site any time between 6:00 a.m. and 10:00 p.m. as a permit condition.

Sources & Official References

Other rules in Doña Ana County

All Doña Ana County rules

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