Doña Ana County, NM Invasive Plant Rules: Prohibited Species (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.
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?
Does this rule apply inside Las Cruces or Sunland Park?
What happens if a required landscaping plan still uses a plant Appendix Y calls 'not recommended'?
Sources & Official References
Other rules in Doña Ana County
Compare Doña Ana County to another location·View the New Mexico invasive plant rules overview
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