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Doña Ana County, NM Fence Regulations: Fence Permit Requirements (2026)

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

Key Facts

Permit trigger
Fence/wall over 6 ft tall
Engineer required
For any wall/fence above 6 ft
Foundations
Always need a building permit
Commercial/industrial
Screening wall required; residential optional
Max height
4 ft front yard, 6 ft side/rear

Summary

Any screening wall or fence over six feet tall in unincorporated Doña Ana County needs a building permit with plans sealed by a New Mexico-licensed professional engineer. Even shorter fences aren't exempt: the county requires a building permit for every screening wall or fence foundation, regardless of height, before construction starts under the Unified Development Code.

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.

Screening walls or fences above six feet require a building permit and plans sealed by a professional engineer licensed in the State of New Mexico. ... A building permit is required for all screening wall and screening fence foundations.

Full Breakdown

Doña Ana County's fence and wall standard sits in § 350-507R of the Unified Development Code, the section that governs landscaping, buffering, and fencing across every zoning district. Screening walls are mandatory wherever a Commercial or Industrial District abuts a Residential District or use; in the residential districts themselves, a screening wall or fence is optional, but once an owner decides to build one, the same construction rules apply. 22 caps most fences at four feet in a required front yard setback and six feet in a side or rear yard, with up to eight feet allowed around livestock enclosures if the Zoning Administrator signs off.

Two permit triggers run through the section. 22 requires a building permit with plans sealed by a professional engineer licensed in New Mexico for any screening wall or fence taller than six feet. Second, Note 3 requires a building permit for the foundation of every screening wall and screening fence, no matter how short, and Subsection R(2)(g)-(h) repeats both rules for commercial and industrial development specifically. Owners are also encouraged, though not required, to hire a licensed surveyor to confirm the property line before building, since a shared wall built beyond it becomes an encroachment unless the neighbors record a joint maintenance agreement.

Fencing may not be placed over a utility easement without the utility's written permission, and it may not go over a required drainage easement without Flood Commission approval.

Violations & Fines

Fencing built without the required permit or engineer's seal is a Unified Development Code violation the Zoning Administrator can order stopped and corrected under § 350-102B(2), which makes it unlawful to construct or maintain any structure in violation of the chapter's provisions. A property owner who ignores a correction notice risks continued code-enforcement action, and an unpermitted fence or wall built into a utility easement or drainage easement can be ordered removed at the owner's expense.

Frequently Asked Questions

Do I need a permit for a 4-foot backyard fence in Doña Ana County?
Yes, but only for the foundation. Table 5.22's Note 3 to § 350-507R requires a building permit for every screening wall and screening fence foundation regardless of height; you only need an engineer's sealed plans once the fence or wall exceeds six feet.
Is a fence required around my property in the unincorporated county?
No. Section 350-507R makes screening walls or fences optional in Residential Zone Districts or uses; the county only requires a screening wall where a Commercial or Industrial District or use sits directly next to a Residential District or use. If you build one anyway, it still has to meet the height, permit, and material rules in the same section.
How tall can my fence be before I need an engineer?
Six feet. Table 5.22's Note 1 under § 350-507R requires a building permit with plans sealed by a professional engineer licensed in New Mexico for any screening wall or fence taller than six feet; shorter fences still need a foundation permit but skip the engineering requirement.

Sources & Official References

Other rules in Doña Ana County

All Doña Ana County rules

Compare Doña Ana County to another location·View the New Mexico fence regulations overview

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