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Doña Ana County, NM Environmental Rules: Flood Elevation Requirements (2026)

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

Key Facts

Freeboard standard
Lowest floor 1 ft above BFE
Permit required
Floodplain development permit for SFHA work
Certificates
3 elevation certificates for new construction
Enforcing body
Floodplain Administrator / Flood Commission
Jurisdiction
Unincorporated Doña Ana County only
RV exemption
Max 180 consecutive days on site

Summary

Doña Ana County requires new and substantially improved structures in FEMA-mapped special flood hazard areas to elevate the lowest floor one foot above the base flood elevation. A floodplain development permit and elevation certificates, prepared and sealed by a New Mexico-registered surveyor, are required before, during and after construction. The rule applies only in the unincorporated county.

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.

New construction substantial improvement, or reconstruction due to substantial damage of any insurable structure, in addition to all equipment or mechanical items servicing the structure shall have the lowest floor (including basement) elevated to one foot above the base flood elevation. A registered professional land surveyor shall submit an elevation certification to the Floodplain Administrator to verify that the standard of this section is satisfied.

Full Breakdown

Under § 350-604 of the Doña Ana County Code, any development inside a FEMA-designated special flood hazard area (SFHA) shown on the county's Flood Insurance Rate Maps needs a floodplain development permit before work begins. Subsection H(1) sets the county's residential freeboard standard: new construction, substantial improvements, and reconstruction after substantial damage must have the lowest floor, including any basement, elevated to one foot above the base flood elevation (BFE), with a registered New Mexico land surveyor certifying compliance to the Floodplain Administrator. Nonresidential buildings under H(2) may instead be floodproofed watertight to the same one-foot-above-BFE line if a professional engineer or architect certifies the design.

The county layers on a three-stage elevation certificate process for new SFHA construction: a pre-construction certificate before the building permit is released, an under-construction certificate before the foundation is poured, and a post-construction certificate before a certificate of occupancy is issued, each signed and sealed by a licensed New Mexico surveyor and accepted by the Flood Commission. Manufactured homes placed in Zones A, AE, AH and AO must likewise have their lowest floor at or above the BFE and be anchored to resist flotation and lateral movement.

Enclosures below the lowest floor used for parking or storage need at least two flood-vent openings totaling one square inch per square foot of enclosed area, with the lowest opening no higher than one foot above grade. Recreational vehicles in the SFHA are exempt only if they stay under 180 consecutive days, remain licensed and highway-ready, or otherwise meet the elevation and anchoring standards. Because this is a county ordinance, it governs only the unincorporated area; Las Cruces, Sunland Park, Mesilla and Hatch administer their own floodplain codes.

Violations & Fines

The county will not issue a certificate of occupancy until all elevation certificates and Building Code requirements under this chapter are satisfied, effectively halting occupancy of a noncompliant structure. The Floodplain Administrator and Flood Commission review and accept every elevation certificate; an incomplete or rejected certificate blocks the building permit, the foundation pour, or the certificate of occupancy at each respective stage. Acceptance of a certificate creates no county liability for later flood damage.

Frequently Asked Questions

How high above the base flood elevation must my house be built in Doña Ana County?
Under § 350-604H(1) of the county code, the lowest floor of any new or substantially improved residential structure, including a basement, must be elevated at least one foot above the base flood elevation shown on the FEMA Flood Insurance Rate Map. A New Mexico-registered land surveyor must certify that elevation to the Floodplain Administrator before the county proceeds.
Does this ordinance apply inside Las Cruces or Sunland Park?
No. Doña Ana County's floodplain ordinance, adopted under Code § 350-604, only regulates the unincorporated area of the county. Las Cruces, Sunland Park, Mesilla and Hatch each administer their own floodplain development permits and elevation standards, so a property inside any of those city limits falls under municipal code instead.
What happens if I skip the elevation certificate?
The Flood Commission will not release a building permit without a pre-construction elevation certificate, will not allow the foundation to be poured without an under-construction certificate, and the county will withhold the certificate of occupancy without a post-construction certificate, per § 350-604D. Each certificate must be prepared by a New Mexico-registered surveyor.

Sources & Official References

Other rules in Doña Ana County

All Doña Ana County rules

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