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Doña Ana County, NM Invasive Plant Rules: Prohibited Species (2026)

Significant Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified August 2026

Key Facts

Governing section
UDC § 350-507D(10), Landscaping, buffering and fencing
Plant list
Appendix Y, § 350-825, Prohibited or Not Recommended Plants
Applies to
New commercial, industrial, institutional, multifamily (3+ unit) sites
Jurisdiction
Unincorporated Doña Ana County only
Penalty
Up to $300 fine, 90 days jail, per day
Enforcing agency
Doña Ana County Code Enforcement Officer

Summary

Doña Ana County's Unified Development Code blocks prohibited plants from every landscaped area in the unincorporated county. Section 350-507D(10) sends every commercial, industrial, institutional and multifamily site plan to Appendix Y, § 350-825, a table naming species like Tree of Heaven, Giant Cane, Russian Olive and Salt Cedar as prohibited or not recommended before landscaping can be approved.

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

Prohibited or not-recommended plants shall not be counted towards any required landscaping, per Appendix Y, § 350-825. Prohibited plants shall not be added to any provided landscape area.

Full Breakdown

The rule sits in § 350-507, Landscaping, buffering and fencing, part of Doña Ana County's Unified Development Code, Chapter 350. Subsection A(1) applies the section to all new commercial, industrial, institutional and multifamily developments of three or more units, plus the exterior roadway frontage of single-family developments. Subsection D(10) spells out exactly how the plant list works: 'Prohibited or not-recommended plants shall not be counted towards any required landscaping, per Appendix Y, § 350-825. ' That sentence creates two tiers. A not-recommended plant can still go in the ground, it just will not count toward the 25% live-plant-cover minimum or the one-live-tree-per-1,000-square-feet requirement § 350-507E sets for every landscape plan.

A plant Appendix Y flags as prohibited cannot be planted anywhere in the provided landscape area at all, count or no count. ) for the same aggressive, water-seeking growth; Siberian Elm (Ulmus pumila) for invasive roots and weak branching; and Goathead or Puncture Vine (Tribulus terrestris) for its hazardous, reseeding spread. A developer's landscape plan has to be checked against this table before the County signs off, because § 350-507 governs the plant palette used to satisfy every landscaping requirement in the chapter.

Violations & Fines

Doña Ana County enforces landscaping violations under the Code's general penalty, § 1-20: a conviction carries a fine up to $300, up to 90 days in jail, or both, and every day the violation continues counts as a separate offense. The County's Code Enforcement Officer can issue the citation, and because ongoing violations are treated as a public nuisance under § 1-20D, the County can also pursue injunctive relief to force removal of noncompliant plantings.

Frequently Asked Questions

Can I plant a prohibited species anywhere on my property in Doña Ana County?
Outside a regulated landscape area, the prohibited-plant list in Appendix Y only controls what counts toward the county's landscaping code. Inside any required or provided landscape area on a covered commercial, industrial, institutional or multifamily project, § 350-507D(10) is absolute: prohibited plants 'shall not be added,' regardless of how the rest of the site is landscaped.
Does this rule apply inside Las Cruces or Sunland Park?
No. Doña Ana County's Unified Development Code, including § 350-507 and Appendix Y, governs only the unincorporated county. Las Cruces, Sunland Park, Mesilla and Hatch each adopt and enforce their own landscaping and zoning codes, so a project inside any of those city limits follows that city's plant list instead.
What happens if a required landscaping plan still uses a plant Appendix Y calls 'not recommended'?
It isn't automatically rejected. Under § 350-507D(10), not-recommended plants can be installed but do not count toward the 25% live-plant-cover minimum or the other landscaping totals in § 350-507E, so the design has to make up that coverage with other approved species.

Sources & Official References

Other rules in Doña Ana County

All Doña Ana County rules

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