Bernalillo County, NM Invasive Plant Rules: Prohibited Species (2026)
Key Facts
- Applies to
- Unincorporated Bernalillo County only
- Trigger
- Inspector finds interference with neighbors
- Enforcer
- Nuisance Abatement Office (NAO)
- Max penalty
- $300/day fine or 90 days jail
- Albuquerque
- Excluded: has own IDO
Summary
Bernalillo County treats any plant or weed the USDA or New Mexico Department of Agriculture lists as noxious or invasive as a public nuisance once an inspector finds it interferes with a neighboring property's use and enjoyment.
Excessive vegetation or invasive or nuisance plants and or weeds, when found by the inspector to constitute a clear interference with the use and enjoyment of other neighboring properties. Such nuisances may be any natural vegetation, or any noxious plants or weeds recognized as such by the United States or New Mexico Department of Agriculture.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 92).
Full Breakdown
Under Bernalillo County's nuisance abatement chapter, any noxious or invasive plant or weed recognized by the U.S. or New Mexico Department of Agriculture becomes a prohibited nuisance once a county inspector finds it clearly interferes with a neighboring property's use and enjoyment. The Nuisance Abatement Office investigates complaints, issues a correction notice, and can escalate to an administrative hearing, a board-ordered clean-and-lien action against the property, or criminal charges in Bernalillo County Metropolitan Court. This applies only in unincorporated Bernalillo County. Albuquerque enforces its own rules under its Integrated Development Ordinance, not this chapter.
Violations & Fines
Ignoring a correction notice can trigger an administrative hearing, a lien on the property for abatement costs, or a criminal petty-misdemeanor charge with fines up to $300 per day plus up to 90 days in jail.
Frequently Asked Questions
Does this rule apply inside Albuquerque?
What plants count as prohibited or invasive?
What happens if I ignore a violation notice?
Sources & Official References
Other rules in Bernalillo County
Compare Bernalillo County to another location·View the New Mexico invasive plant rules overview
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