Valencia County, NM Fire Regulations: Outdoor Burning (2026)
Outdoor burning rules in Valencia 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
- Default rule
- All open burning banned unless permitted
- Burn permit issuer
- Fire Chief / Valencia County Emergency Services
- Burn hours
- 1 hour after sunrise to 1 hour before sunset
- Burn barrels
- Banned countywide
- Weather restriction
- No burning during a Red Flag Warning
- Penalty
- Up to $300 fine or 90 days jail, or both
- Enforcement
- Fire Chief, Sheriff, Code Enforcement officers
Summary
Open burning and refuse burning are banned throughout unincorporated Valencia County unless specifically permitted, under County Code § 93.23. Even permitted burns of leaves, brush, or clean wood need a burn permit from the Fire Chief, and the Fire Chief may impose a countywide burn ban under § 93.29 whenever forest, grass, or structural fire danger is high, including during a Red Flag Warning.
Open burning and refuse burning are prohibited in the unincorporated areas of the county unless the burn is specifically permitted by this chapter. ... The Fire Chief may impose a ban upon any or all types of open fires or contained open fires in the unincorporated areas of Valencia County, New Mexico if it is deemed that danger of forest, grass, or structural fires are found to be high, by competent evidence which may include: (1) Any similar ban imposed under the authority of the Governor of the State of New Mexico;
Full Breakdown
32, applies to all outdoor burning and refuse burning in the unincorporated areas of Valencia County; it does not reach heating appliances burning clean fuel inside an occupied building or devices burning propane, natural gas, gasoline, or kerosene for heating, construction, or maintenance. 25 bans maintaining a burn barrel anywhere in the unincorporated county. 27. Permitted burns must run between one hour after sunrise and one hour before sunset, be fully extinguished by sundown, stay off streets, alleys, and public rights-of-way, and be attended at all times by someone at least 18 years old with extinguishing equipment on hand.
No burning of any kind is allowed during a Red Flag Warning or Fire Weather Watch, and the Fire Chief may declare a burning moratorium and suspend already-issued permits whenever conditions warrant. 29 lets the Fire Chief impose a countywide ban on open or contained fires when fire danger is high, drawing on evidence such as a gubernatorial ban, state or federal forestry recommendations, or weather forecasts; any ban must state an expiration date and can be extended on renewed evidence. Residents under a ban may request an individual exemption after the Fire Chief inspects their containment structure and available suppression equipment. 32.
Violations & Fines
Any violation of the open-burning subchapter, §§ 93.20 et seq., is a misdemeanor under § 93.99(C): a fine of up to $300, up to 90 days in jail, or both. Breaking a burn permit's conditions also voids the permit and can bar the violator from getting another one, under § 93.27(M), on top of the criminal fine imposed by the Fire Chief.
Frequently Asked Questions
Can I burn leaves or brush on my property in unincorporated Valencia County?
Are burn barrels legal in the county?
When can the county impose a burn ban?
What happens if I burn without a permit or break the rules?
Sources & Official References
Other rules in Valencia County
How Valencia County compares: Cities with the Strictest Outdoor Burning Rules·Compare Valencia County to another location·View the New Mexico fire regulations overview
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