Valencia County, NM Fire Regulations: Fireworks (2026)
Key Facts
- Allowed but limited
- Fountains, sparklers, ground spinners, smoke devices
- Use limited to
- Paved, barren, or water-accessible areas
- Banned outright
- Rockets, firecrackers, aerial spinners, display fireworks
- Wildlands
- All fireworks use banned, section 93.45(E)
- Penalty
- Up to $300 fine or 90 days jail
- Enforcer
- Sheriff, Fire Chief, County Code Enforcement
Summary
Valencia County allows sale of only a short list of novelty fireworks, cone fountains, sparklers, ground spinners and similar items, and limits their use to paved, barren, or water-accessible areas in the unincorporated county. Rockets, firecrackers, aerial spinners and display fireworks are banned outright, along with all fireworks in wildlands.
(C) Pursuant to NMSA 1978, § 60-2C-8.1 (F)(2)(a)(1999), the Board of County Commissioners does hereby allow the sale but limits the use of cone fountains, crackling devices, cylindrical fountains, flitter sparklers, ground spinners, illuminating torches, toy smoke devices, wheels and mines fireworks within the unincorporated areas of the county to areas that are paved or barren or that have a readily accessible source of water for use by the homeowner or the general public. (D) Pursuant to NMSA 1978, § 60-2c-8.1 (F)(1)(1999) the following types of fireworks are banned from sale and use within the unincorporated areas of the county: stick-type rockets, helicopters and aerial spinners, missile-type rockets, ground audible devices, firecrackers and display fireworks. ... (F) Except as permitted by this subchapter, the sale and use of all other fireworks of any kind or description are banned within the unincorporated areas of the county.
Full Breakdown
45, Restricting the Sale and Use of Fireworks, was adopted by the Board of County Commissioners after declaring the county subject to extreme or serious drought conditions and high fire hazards. Under subsection (C), the county allows the sale of, but limits the use of, cone fountains, crackling devices, cylindrical fountains, flitter sparklers, ground spinners, illuminating torches, toy smoke devices, wheels and mines fireworks, restricting their use in the unincorporated area to paved or barren ground or spots with a readily accessible source of water.
Subsection (D) bans the sale and use of stick-type rockets, helicopters and aerial spinners, missile-type rockets, ground audible devices, firecrackers and display fireworks outright. Subsection (E) separately bans all fireworks use inside wildlands, defined as land covered wholly or partly by timber, brush or native grass, and subsection (F) bans the sale and use of every other kind of firework not otherwise permitted. 1(F). 47 gives the Sheriff's Department, the Fire Chief or designee, and County Code Enforcement authority to enforce it.
Violations & Fines
Under section 93.99(D), any violation of sections 93.45 et seq. is a misdemeanor punishable by a fine of not more than $300 and up to 90 days in jail. Because the underlying drought-and-fire declaration is renewed by the Board of County Commissioners, sellers and users need to check whether the 30-day authorization in section 93.46 is currently in force before assuming any fireworks are permitted.
Frequently Asked Questions
Can I set off sparklers in unincorporated Valencia County?
Are firecrackers or bottle rockets legal in the county?
Is this ban permanent?
Who enforces the fireworks rules?
Sources & Official References
Other rules in Valencia County
How Valencia County compares: Cities Where Fireworks Are Banned or Heavily Restricted·Compare Valencia County to another location·View the New Mexico fire regulations overview
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