Doña Ana County, NM Animal Ordinances: Wildlife Rescue Permits (2026)
Key Facts
- Permit required
- Outdoor rehabilitation aviary special permit
- Issuing office
- County Codes Enforcement Department
- Prerequisite
- Federal + NM Game and Fish license
- Annual fee
- $30 per location per year
- Inspection window
- 6:00 a.m. to 10:00 p.m.
- Applies to
- Unincorporated Doña Ana County only
Summary
Doña Ana County requires a special permit before anyone keeps an outdoor rehabilitation aviary, and the County will not issue one without proof of a federal license plus a New Mexico Department of Game and Fish license already in hand.
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. ... E. Application generally. Any person who operates or proposes to operate an aviary for the purpose of bird rehabilitation ... shall file an application for a special permit with the Animal Control Unit describing the location of the site and the purpose for which it is to be maintained. Veterinary hospitals or clinics shall be exempt from this requirement.
Full Breakdown
E requires anyone operating an aviary for bird rehabilitation purposes to file an application with the Animal Control Unit describing the site location and the purpose it will serve; veterinary hospitals and clinics are exempt from that filing requirement. m. Applications must be accompanied by a nonrefundable initial processing fee, and the County may deny an application if the owner or responsible person has two or more convictions of animal control ordinance violations within the past year. G, the Zoning Administrator or Animal Control Officer may revoke the permit if enclosures are not kept clean and sanitary, structures become unsafe, or the permittee violates § 134-3 or keeps species not covered by the existing permit.
H(1) sets the outdoor rehabilitation aviary fee at $30 per location per year. Because this is a county ordinance, it governs only the unincorporated area; Las Cruces, Sunland Park, Mesilla and Hatch enforce their own municipal codes.
Violations & Fines
Keeping or maintaining an outdoor rehabilitation aviary without the special permit, or without the underlying federal and state Game and Fish licenses, is a violation of Chapter 134 punishable under the County's general penalty provision, § 1-20. The Animal Control Officer may investigate on probable cause, enter the property (not a residence) to inspect, and issue a citation or file a criminal complaint; refusal to sign a promise to appear can lead to arrest or a warrant. Prosecution must begin within one year of the violation.
Frequently Asked Questions
Can I start a backyard bird rehab aviary in unincorporated Doña Ana County without a permit?
Who do I apply to for a wildlife rehabilitation aviary permit?
Can the County take away my aviary permit?
Sources & Official References
Other rules in Doña Ana County
Compare Doña Ana County to another location·View the New Mexico animal ordinances overview
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