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Albuquerque, NM Fire Regulations: Outdoor Burning (2026)

Heavy Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified June 2026

Outdoor burning rules in Albuquerque, NM, also called the burn ban, open burning, or fire restriction ordinance, set when you can burn yard waste, debris, or run a recreational fire.

Key Facts

Code Section
Albuquerque Fire Code 307.1 / 307.2 Exception 1
Default rule
Open burning prohibited except as allowed
Weed-burn setback
50 ft from structure/combustibles
Max pile (no permit)
3 ft x 3 ft; larger needs 10-day permit
Burn/No-Burn Hotline
(505) 768-2876

Summary

Albuquerque Fire Code Section 307.1 prohibits open burning, recreational fires, bonfires, rubbish fires and open-burning operations except as allowed by the Albuquerque-Bernalillo County Air Quality Control Board and the Fire Code. Limited dead-and-dry weed removal is allowed without a permit if it meets strict setback, pile-size, wind, and time-of-day conditions.

307.1 General. Open Burning, recreational fires, bonfires, rubbish fires and open burning operations are prohibited except as provided by the Albuquerque - Bernalillo County Air Quality Control Board and this section. ... Exception: 1. Burning of dead and dry weed removal on private residential, commercial or industrial property, and hot torch weed control, which comply with all the following: 1.1 Burning shall not be with in 50 feet of a structure or combustible materials. 1.2 Pile size shall not exceed (3'x3') three feet by three feet. 1.3 Burning shall be discontinued when the wind exceeds 15 miles per hour. 1.4 Burning shall only be conducted between the hours of 11 am and 3pm October 31st through March 31st and 6am to 5pm April 1st through September 30th. 1.5 An approved means for extinguishing the fire shall be readily available.

Source: https://www.cabq.gov/fire/safety-information/outdoor-open-burningView official code

Full Breakdown

Section 307.1 makes open burning prohibited by default and bans 'environmentally poor substances' entirely (307.1.2). A permit from the fire code official (per Sec. 105.6) is required before kindling a fire for silvicultural/wildlife management, pest/disease control, a bonfire or a recreational fire (307.2). The main exception is dead-and-dry weed removal on private residential, commercial or industrial property, which is allowed without a permit only if ALL of the following are met (Sec. 307.2 Exception 1): burning is at least 50 feet from a structure or combustibles; pile size does not exceed 3 ft x 3 ft; burning stops when wind exceeds 15 mph; burning occurs only between 11 a.m.-3 p.m.

(Oct 31-Mar 31) or 6 a.m.-5 p.m. (Apr 1-Sep 30); and an approved means of extinguishing the fire is readily available. Piles larger than 3 ft x 3 ft require a permit and a site plan submitted at least 10 days in advance (307.2.1.2). Before any burn, callers must check the city's Burn/No-Burn Hotline at (505) 768-2876 to confirm it is a burn day. State open-burning rules (20.11.21 NMAC, administered locally by the Air Quality Control Board) apply alongside the Fire Code.

Violations & Fines

Open burning that violates Section 307 or is conducted on a no-burn day is a fire-code violation enforced by the Albuquerque Fire Department; the fire code official may order the fire extinguished and impose penalties under Chapter 50 of the Fire Code, in addition to any Air Quality Control Board enforcement.

Frequently Asked Questions

Can I burn yard waste in Albuquerque?
Only limited dead-and-dry weed removal is allowed without a permit, and only if you stay 50 feet from structures, keep the pile to 3 ft x 3 ft, stop when wind exceeds 15 mph, burn only during the allowed hours, and have a way to extinguish it. Check the Burn/No-Burn Hotline at (505) 768-2876 first.
When can I burn weeds?
Section 307.2 Exception 1 limits weed burning to 11 a.m.-3 p.m. from Oct 31-Mar 31 and 6 a.m.-5 p.m. from Apr 1-Sep 30, on approved burn days only.
Do I ever need a permit?
Yes. Piles larger than 3 ft x 3 ft, bonfires, recreational fires, and silvicultural/pest-control burns require a permit, with a site plan submitted at least 10 days in advance for open burning.

Sources & Official References

Other rules in Albuquerque

All Albuquerque rules

How Albuquerque compares: Cities with the Strictest Outdoor Burning Rules·Compare Albuquerque to another location·View the New Mexico fire regulations overview

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