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Las Cruces, NM Animal Ordinances: Bird Protection (2026)

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

Key Facts

Prerequisite
Federal and NM Game and Fish license
City permit
Special animal permit, animal control unit
Inspection window
6:00 a.m. to 10:00 p.m.
Also covered
Rehab aviaries, endangered reptiles, venomous snakes

Summary

Las Cruces will not let anyone keep a bird of prey without proof the federal government and the New Mexico Department of Game and Fish have already licensed the bird. Sec. 7-32(2) makes the city's own special animal permit contingent on those outside wildlife permits being in hand first, protecting raptors from unlawful private possession.

Birds of prey. A special permit is required by any person to keep or maintain a bird of prey. The animal control unit will not issue this special permit without proof of a license issued by the federal government and the New Mexico Department of Game and Fish.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 33 | Land Development Code: Supplement 28).

Full Breakdown

Sec. 7-32 lists several animals the city will only permit if the keeper already holds the license required by another government first. For birds of prey, Sec. 7-32(2) states the animal control unit will not issue its special animal permit without proof of a license issued by the federal government and the New Mexico Department of Game and Fish. That two-layer requirement means Las Cruces adds no separate substantive standard of its own for raptor care; it functions as a local backstop that keeps an unlicensed hawk, falcon or owl out of the city even if federal and state wildlife officials never learn of it.

The same cross-jurisdictional model covers an outdoor rehabilitation aviary, which needs the identical federal and state Game and Fish licenses before the city will permit it, any threatened or endangered amphibian, snake or reptile species, which needs federal or state permits under Sec. 7-32(3), and certain venomous snake families under Sec. 7-32(4), which need the appropriate federal and state permits before the city's special permit issues. Applications for any of these special animal permits go through Sec. as a condition of the permit and requires an application fee and annual permit fee set by city council resolution.

Violations & Fines

Keeping a bird of prey, rehabilitation aviary, or a threatened, endangered or venomous reptile species in the city without the required federal and state license, and without the resulting city special animal permit, is a chapter 7 violation. Sec. 7-31(b)(2) also lets animal control deny any special animal permit application outright if the applicant has a conviction for noncompliance with the animal control chapter in the past year.

Frequently Asked Questions

Can I keep a hawk or falcon in Las Cruces?
Only with a federal license and a New Mexico Department of Game and Fish license already in hand. Sec. 7-32(2) tells the animal control unit not to issue its own special animal permit for a bird of prey until both of those outside licenses are proven.
Does the city do its own review of raptor care standards?
The code does not set its own raptor-keeping standards separate from state and federal law. Sec. 7-32 makes the city's special animal permit contingent on the applicant already holding the federal and state Game and Fish licenses, so those outside agencies set the substantive bird-of-prey requirements.
What if I want to run a bird rehabilitation aviary?
Sec. 7-32(1) treats an outdoor rehabilitation aviary the same way as a bird of prey: the animal control unit will not issue the required special permit until you show proof of a federal license and a New Mexico Department of Game and Fish license.

Sources & Official References

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