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Doña Ana County, NM Business Licensing & Operations: Tattoo & Body Modification (2026)

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

Key Facts

Governing section
UDC § 350-510.L, Home occupation permits
Rule
Tattoo/body-piercing parlors barred as home occupations
Last amended
Dec. 14, 2021 by Ord. No. 324-2021
Permitting agency
Community Development Department
Applies to
Unincorporated Doña Ana County only
General penalty
Up to $300 fine, 90 days jail (§ 1-20)

Summary

In unincorporated Doña Ana County, tattoo and body-piercing parlors cannot operate as a home occupation. Unified Development Code § 350-510.L flatly bars them alongside auto repair and adult businesses, so a tattoo studio has to locate on commercially zoned property and go through the County's standard business permitting process instead of the lighter home occupation track.

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.

The following activities shall be prohibited as home occupations: cannabis establishments, cannabis consumption areas, adult bookstores/video stores, adult amusement establishments, health and exercise facilities, motor vehicle repair services, tattoo/body piercing parlors, auto or truck repair, motorcycle repair, lawn mower repair, large appliance repair, internal combustion engine repair and similar activities except as permitted in T4 per Table 5.1.

Full Breakdown

L expressly removes tattoo and body-piercing parlors from that option. 1 in the T4 zone. That means a tattoo artist in the unincorporated county cannot register a home-based studio; the business has to sit on property zoned for the use and go through standard commercial permitting and business registration instead. N(2). The prohibited-activities list was last amended December 14, 2021 by Ordinance No. 324-2021. Because county ordinances reach only the unincorporated area, a tattoo studio inside Las Cruces, Sunland Park, Mesilla, or Hatch is governed by that municipality's own code, not this provision.

Violations & Fines

Operating a tattoo or body-piercing parlor as an unpermitted home business is treated like any home occupation violation: the CDD sends certified-mail notice describing the violation and a cure period of up to 30 days (shorter for health or safety risks) before revoking any permit and referring the matter for prosecution in Magistrate or District Court. Unlicensed operation is otherwise a Code violation under § 1-20, punishable by a fine up to $300, up to 90 days' imprisonment, or both, with each day a separate offense.

Frequently Asked Questions

Can I open a tattoo studio out of my house in Doña Ana County?
No. County Unified Development Code § 350-510.L specifically lists tattoo/body-piercing parlors among the activities barred from operating as a home occupation, alongside adult businesses and several vehicle-repair trades. You need to locate the studio on commercially zoned property and go through the County's standard business permitting process instead of a home occupation permit.
Does this rule apply inside Las Cruces or Mesilla?
No. Doña Ana County's zoning code, including § 350-510, only governs the unincorporated county. Las Cruces, Sunland Park, Mesilla and Hatch each enforce their own municipal codes, so a tattoo studio inside those city limits is regulated under that city's separate zoning and licensing rules, not the county UDC.
What happens if the County finds an unpermitted tattoo business at a home?
The Community Development Department sends certified-mail notice describing the violation and a deadline, up to 30 days, to correct it. If it isn't corrected, any home occupation permit is revoked and the County can pursue prosecution in Magistrate or District Court, with Code violations punishable by up to a $300 fine and 90 days in jail under § 1-20.

Sources & Official References

Other rules in Doña Ana County

All Doña Ana County rules

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