Otero County, NM Fire Regulations: Outdoor Burning (2026)
Outdoor burning rules in Otero County, 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
- Burn hours
- 1 hour after sunrise to sunset
- Ban trigger
- Red flag warning within 12 hours
- Discretionary ban limit
- 21 days without Commission OK
- Required call
- Sheriff's Office before/after burning
- Max fine
- $300 (state statute penalty)
Summary
In unincorporated Otero County, outdoor vegetative burning is allowed only under Chapter 111's conditions, but the County Office of Emergency Services or Board of Commissioners can shut it down entirely with a burn ban whenever fire danger spikes. Red flag warnings and high-wind advisories trigger automatic bans.
§ 111-6. Open burning of vegetative material, including clean wood. ... Burning shall not commence until one hour after sunrise, and fires shall be extinguished by sunset, unless stipulated differently in another section of this chapter. ... ... § 111-7. Burn bans. All outdoor vegetative burning, including campfires, is prohibited under any one or more of the following conditions: ... Within 12 hours of the issuance by the National Weather Service of a red flag warning for any affected areas within Otero County. ... The Otero County Office of Emergency Services may issue a burn ban for all or part of the County at any time based on weather, fuel load, or fuel moisture if, in the belief of the County, a catastrophic fire could occur due to a burn getting out of control or from flying embers.
Full Breakdown
Otero County Code Chapter 111 lets landowners burn brush piles, agricultural vegetation and clean wood outdoors, but § 111-6 fixes the burn window to one hour after sunrise through sunset and requires the countywide outdoor burn checklist be completed first. Section 111-7 overrides all of that: burning, including campfires, is prohibited countywide within 12 hours of a National Weather Service red flag warning, during any high-wind advisory, or whenever the Otero County Office of Emergency Services declares a ban based on weather, fuel load or fuel moisture.
A discretionary Emergency Services ban must be reported in writing to County Administration and the Sheriff's Office and cannot run past 21 days without County Commission approval; the Commission can also impose a ban by resolution under § 111-7D. Burners must still call the Sheriff's Office at 437-2210 (or 1-800-874-3743) before and after igniting, keep water on hand, and never burn refuse, plastics, asphalt, tires or treated wood, which § 111-5 bans outright regardless of any permit.
Violations & Fines
Under § 111-8, violating the open burning chapter is punishable under NMSA 1978 § 4-37-3 by a fine up to $300, up to 90 days in jail, or both. Illegal dumping of refuse carries up to $1,000, and improper disposal of hazardous waste up to $5,000. The County Code Enforcement Officer, Sheriff or any Deputy Sheriff can cite violators, and state law (NMSA § 74-2-14) separately makes violating the open burning regulation a petty misdemeanor with a fine up to $500.
Frequently Asked Questions
Can I burn brush any day in unincorporated Otero County?
Who do I call before burning a brush pile?
What can never be burned outdoors here?
Sources & Official References
Other rules in Otero County
How Otero County compares: Cities with the Strictest Outdoor Burning Rules·Compare Otero County to another location·View the New Mexico fire regulations overview
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