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Valencia County, NM Fire Regulations: Fire Pits & Backyard Fires (2026)

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

Fire pit rules in Valencia County, NM, also called outdoor burning, recreational fire, or open flame ordinances, cover fuel types, clearances, and when burning is allowed.

Key Facts

Size limit
3 ft diameter, 2 ft height for recreational fires
Containment
Must be confined in a fire ring or fire pit
Permit
No permit needed for cooking/ceremonial fires
Attendance
Adult 18+ must attend fire until fully out
Burn ban override
Fire Chief can still ban fire pits countywide
Penalty
Up to $300 fine or 90 days jail, or both

Summary

Outdoor campfires and small bonfires for cooking, ceremonies, or recreation are allowed in unincorporated Valencia County only when confined inside a fire ring or fire pit, under County Code § 93.27(I). A qualifying recreational fire is capped at 3 feet in diameter and 2 feet in height under § 93.22, and no permit is required for casual recreational or cooking fires unless the Fire Chief has declared a burn ban.

These county ordinances apply to unincorporated areas of Valencia County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

RECREATIONAL / BON FIRE. An outdoor fire burning materials other than rubbish where fuel being burned is not contained in an incinerator, outdoor fireplace, barbecue grill or barbecue pit and has a total fuel area of 3 feet or less in diameter, and 2 feet or less in height for pleasure, religious, ceremonial, cooking, warmth or similar purposes. ... (A) No person shall start or maintain an open burn without a burn permit issued by the Fire Chief or his designee of Valencia County Emergency Services. ... (I) Outdoor campfires and small bonfires for cooking, ceremonies, or recreation are allowed; provided that the fire is confined by a control device or structure such as a fire ring or fire pit. Bonfires are allowed only if approved by and in accordance with provisions established by the Fire Chief or his designee.

Full Breakdown

27. Even without a permit, every fire in a ring or pit must meet the same safety rules that apply to all open burning in the unincorporated county: it must be attended at all times by someone at least 18 years old until it is completely out and cold, extinguishing equipment must be on hand, smoke cannot be allowed to impair visibility on a public road, and nothing may be burned on a street, curb, alley, gutter, sidewalk, or public way. 29, which lets the Fire Chief suspend all open and contained fires countywide when fire danger is high, including under a state proclamation, state or federal forestry warning, or adverse weather evidence.

Violations & Fines

A fire that is not confined to a ring or pit, exceeds the 3-foot diameter and 2-foot height recreational-fire limit without Fire Chief approval as a bonfire, or continues during a declared burn ban is a misdemeanor under § 93.99(C): a fine of up to $300, up to 90 days in jail, or both. Anyone maintaining the fire is also personally liable under § 93.30 for suppression costs and any damage it causes.

Frequently Asked Questions

Do I need a permit for a backyard fire pit in unincorporated Valencia County?
No. § 93.28 exempts recreational, ceremonial, and cooking fires, including a fire-pit campfire, from the burn-permit requirement. The fire still has to stay confined inside a fire ring or fire pit under § 93.27(I) and follow the same attendance and safety rules that apply to any other open burning in the county.
How big can my fire pit fire be?
The code's RECREATIONAL or BON FIRE definition in § 93.22 caps the fuel area at 3 feet in diameter and 2 feet in height. A fire larger than that is treated as a bonfire and needs separate approval from the Fire Chief or a designee before it is lit.
Can the county stop me from using my fire pit even without a general ban?
Yes. § 93.29 lets the Fire Chief suspend all open and contained fires, including fire pits, countywide whenever fire danger is high, drawing on a state proclamation, forestry warning, or weather evidence. § 93.28 confirms that even normally permit-free recreational burning is not exempt from that ban.

Sources & Official References

Other rules in Valencia County

All Valencia County rules

How Valencia County compares: Cities with the Strictest Fire Pit Rules·Compare Valencia County to another location·View the New Mexico fire regulations overview

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