How Albuquerque Handles Landscaping Rules: A Practical Guide

Albuquerque maintains 154 local ordinances across all categories, and 7 of those deal specifically with landscaping rules. Here is a breakdown of what the city actually requires, what is prohibited, and where Albuquerque falls on the strict-to-permissive spectrum compared to other cities.

Weed Ordinances

Under Albuquerque's Weed, Litter and Snow Removal Ordinance (Sec. 9-8-1 et seq.), it is unlawful to permit listed nuisance weeds to grow to a height or width of more than 4 inches. The owner must keep the property clear, including the area between the property line and the middle of the adjacent alley.

Key details: Code Section: ROA Sec. 9-8-4 (Growth or Accumulation of Weeds and Litter). Height/width limit: Listed weeds over 4 inches prohibited. Owner responsibility: To middle of adjacent alley / curb line. Listed nuisance weeds: 16 specific species. Unoccupied lots: City may abate and lien the property.

Occupied properties receive a violation notice with a compliance deadline; continued noncompliance escalates to a pre-criminal summons and then a criminal court referral, where the judge may impose fines or jail time. For unoccupied properties, the city may hire a contractor to cut the weeds and place a lien on the property for the cost.

Compared to other cities, Albuquerque takes a harder line on weed ordinances. The enforcement and penalty structure reflects that.

Native Plants

Albuquerque voids any HOA covenant that bars a homeowner from tearing out turf grass and planting xeriscape or native, low-water landscaping, so long as the work meets the city's cap on high-water turf for new development.

Key details: Protected right: Remove turf, install xeriscape/native plants. Also protected: Drip irrigation, rain barrels. Condition: Must meet city's 20% turf cap. HOA still may: Set criteria for type/placement. Penalty: Misdemeanor, up to $500 / 90 days.

Violating the water conservation landscaping rules at §§ 6-1-1-8 through 6-1-1-10, including this covenant protection, is a misdemeanor: a fine up to $500 and/or up to 90 days in jail.

If you are coming from a city with tighter rules, you will find Albuquerque gives residents more flexibility on native plants.

Artificial Turf

Albuquerque's Integrated Development Ordinance allows artificial turf on private property but refuses to credit it toward any landscaping requirement. IDO § 14-16-5-6(C)(4)(i) states artificial turf/grass is not living vegetative material, so a project can't use fake grass to satisfy required landscaped area, tree, or shrub counts.

Key details: Turf credit: Artificial turf earns zero landscaping credit. Cool-season grass cap: Max 10% of required landscape area. Slope limit: No irrigated grass on slopes steeper than 1:4. Approved species: Must use Official Albuquerque Plant Palette. Penalty: Up to $500 per violation per day.

A landscape plan that relies on artificial turf to meet the IDO's required planting area is deficient and won't clear Planning Department review. If installed anyway on an approved site, it's a violation of § 14-16-5-6 enforceable by the Zoning Enforcement Officer under § 14-16-6-9, with a hearing officer able to order compliance and a civil penalty of up to $500 per violation per day.

Albuquerque is more permissive than most cities when it comes to artificial turf. That said, there are still limits.

Rainwater Harvesting

Albuquerque law voids any homeowners' association covenant that blocks a property holder from using rain barrels or other water harvesting devices, so long as the devices protect public health and safety. Associations may still set placement and type criteria, but cannot ban rainwater collection outright, and violating the underlying ordinance is a misdemeanor carrying up to a $500 fine.

Key details: Protected: rain barrels and water harvesting devices. HOA bans on them: unenforceable. HOA may still set: placement and type criteria. Definition: harvested water = collected precipitation/runoff. New development duty: evaluate harvested water use, § 6-1-1-9(H).

Because Section 6-1-1-8 is one of the sections carrying its own penalty, a violation of the planting and covenant provisions in Sections 6-1-1-8 through 6-1-1-10, including improperly blocking a resident's rain barrel, is a misdemeanor under Section 6-1-1-99(C): up to a $500 fine, up to 90 days in jail, or both. A property owner denied relief can seek a variance from the Mayor through the Development Review Board under Section 6-1-1-12(D).

Tree Trimming

Albuquerque's Street Tree Ordinance (ROA 1994, Article 6-6) sets minimum clearance for trees overhanging public ways: the lowest permanent branch over a sidewalk must be at least 7 feet, and over a street at least 14 feet. The City Forester administers planting, trimming, and removal of street trees.

Key details: Code Section: ROA 1994 Sec. 6-6-2-5 (Street Tree Policies). Sidewalk clearance: 7 feet minimum to lowest branch. Street clearance: 14 feet minimum to lowest branch. Permit: City Forester permit required to plant or remove (Sec. 6-6-1-4). Administered by: City Forester / Parks & Recreation.

Trimming, planting, or removing street trees without the required City Forester permit, or failing to maintain required clearances, can result in correction notices and penalties under the Street Tree Ordinance enforced by the City Forester / Parks & Recreation. General code violations are charged as municipal offenses.

Water Restrictions

Albuquerque enforces mandatory time-of-day watering restrictions. Under the Water Conservation Landscaping and Water Waste Ordinance (ROA 1994, Sec. 6-1-1-5), all spray irrigation from April 1 through October 31 must occur between 7:00 p.m. and 11:00 a.m. Drip irrigation, low-precipitation bubblers, and hand watering are exempt.

Key details: Code Section: ROA 1994 Sec. 6-1-1-5 (Watering Restrictions). Restricted season: April 1 - October 31. Allowed spray hours: 7:00 p.m. to 11:00 a.m.. Exempt: Drip, low-precip bubblers, hand watering. Enforcing agency: Albuquerque Bernalillo County Water Utility Authority.

Violations are enforced by the ABCWUA Water Conservation program. The Authority issues warnings followed by escalating monetary penalties added to the water bill for repeat water-waste and watering-restriction violations; chronic violators may face higher surcharges.

This is not one of those rules that cities tend to ignore. Albuquerque actively enforces its water restrictions requirements.

Tree Removal & Heritage Trees

Cutting, trimming, spraying, removing, or planting any tree, shrub, or hedge within Albuquerque's streets, alleys, sidewalks, or other public places requires a written permit from the City Forester first.

Key details: Permit required in: Streets, alleys, sidewalks, public places. Issued by: City Forester. Trimming exception: Owners may trim without a permit. Penalty basis: General penalty, § 1-1-99. Private lots: Not covered by this permit rule.

Violating § 6-6-1-4 is punished under the general penalty at § 1-1-99, ROA 1994, and the City Forester can require repair or replacement of damaged public trees at the responsible party's expense.

The Bottom Line

Albuquerque's landscaping rules rules are a mixed bag. Some areas are strict, others are relaxed, and the details matter. The best approach is to check the specific rule that applies to your situation rather than assuming Albuquerque is broadly strict or permissive.

Keep in mind that Albuquerque can amend these rules at any council meeting. For the most current version of any rule mentioned here, check the specific ordinance page, where we track updates as they happen.