Sandoval County, NM Environmental Rules: Defensible Space (2026)
Key Facts
- Applies In
- Jemez Valley Community District (CD-JV)
- Governing Section
- Zoning Ordinance § 9(2.4)(E)(1)
- Base Rule
- Preserve existing trees to max extent
- Exception
- Clearing allowed for fire defensible space
- Enforcement
- Zoning Officer, up to $300 civil fine
Summary
In the Jemez Valley Community District, Sandoval County's zoning code requires buildings to preserve existing trees to the maximum extent possible, but Section 9(2.4)(E)(1) expressly carves out defensible space: it lets property owners clear trees around a structure for fire protection even where the general preservation rule would otherwise apply.
Buildings shall be situated on the lot such that existing trees are preserved to the maximum extent possible. This provision shall not prevent the clearing of trees in order to provide defensible space around a building or structure for purposes of fire protection. Trees may be cleared to enhance views, but should be preserved to maintain the natural ridge line-of-sight as viewed from any public road or street.
Full Breakdown
4) governs the Jemez Valley Community District (CD-JV), which covers the unincorporated communities of Cañon, Gilman, and South Jemez Springs and, by agreement, can extend into the incorporated Town of San Ysidro. Subsection E sets Design Standards for both residential and non-residential structures in the district, opening with a tree-preservation mandate that buildings be sited so existing trees survive to the maximum extent possible. 4)(E)(1) then carves out the fire-safety exception: that preservation rule does not stop an owner from clearing trees around a building for defensible space against wildfire, and trees may also be cleared to open scenic views, though the ordinance still asks that clearing preserve the natural ridge line-of-sight seen from public roads.
The same design-standards block also regulates outdoor lighting, parking surfaces, and residential drainage plans, so a defensible-space clearing project sited near a driveway or parking area may trigger those companion requirements too. 5)(C)(5), which applies the same defensible-space exception to new non-residential development and expansions inside the La Cueva Design Overlay Zone, confirming that wherever the county has adopted a tree-preservation design standard, it has paired it with the same fire-protection exception rather than leaving owners unable to create a cleared perimeter around a structure.
Violations & Fines
Clearing trees beyond what Section 9(2.4)(E)(1) allows, or building without the required site plan review, is enforced the same way as any other Zoning Ordinance violation. The Zoning Officer can issue a Section 24 citation carrying a civil fine of up to $300, which becomes a lien on the property if unpaid; the county may instead remediate the violation and bill the owner. Appeals go through the process in Section 22.
Frequently Asked Questions
Does Sandoval County require me to clear brush for defensible space?
Where does this defensible-space exception apply?
Is there a similar rule elsewhere in the county?
Sources & Official References
Other rules in Sandoval County
Compare Sandoval County to another location·View the New Mexico environmental rules overview
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