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

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Governing section
§ 151.156(O)(2)(a)
Rule
Noxious/weed species barred from revegetation plans
Reviewer
Valencia Soil and Water Conservation District
Applies to
New subdivision landscaping/revegetation plans
Penalty
Up to $5,000 per parcel, knowing violation

Summary

Valencia County's subdivision landscaping rules forbid planting noxious or weed species that could spread undesirable plants. Under County Code § 151.156(O), any revegetation or landscaping plan submitted with a new subdivision must use species suited to local soils and climate, and the reviewing Soil and Water Conservation District will not approve a plan that includes a noxious or invasive weed species.

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

(O) Landscaping and revegetation. (1) Revegetation is an important part of any subdivision plan. A definite time schedule for installing plant cover is necessary to prevent erosion. ... (2) The following items will be considered when reviewing the vegetation portion of the subdivision plan: (a) 1. Species scheduled for planting should be adapted to the soils and the local climate; 2. Any species considered to be noxious, or a weed species that could enhance the distribution of undesirable species will not be allowed;

Full Breakdown

156(O), Landscaping and revegetation, treats plant cover as part of every subdivision's terrain management plan because a definite planting schedule is needed to control erosion after grading disturbs the ground. When the Valencia Soil and Water Conservation District and the county reviewer examine the vegetation portion of a subdivision's landscaping plan, subsection (O)(2)(a) requires that species scheduled for planting be adapted to the soils and local climate, and it then draws a flat line: any species considered to be noxious, or a weed species that could enhance the distribution of undesirable species, will not be allowed.

The same subsection ties planting dates to the Valencia SWCD and NRCS Field Office Technical Guides, requires seeding rates to meet the minimum set in those guides, and calls for mulching compatible with the Critical Area Treatment for Urban Development publication. Subsection (O)(2)(f) also directs that existing vegetation be left undisturbed wherever possible so construction does not strip cover that already controls erosion. Because this rule sits inside the subdivision review chapter, it binds a developer's landscaping and revegetation plan at the plat-approval stage rather than reaching every private landowner's yard in the unincorporated county.

999: the County Planning and Zoning Administrator investigates a written, signed complaint alleging a violation of these regulations and reports a recommendation to the Board of County Commissioners.

Violations & Fines

A subdivider whose revegetation plan lists a noxious or invasive weed species, or who plants one without amending the approved plan, is out of compliance with § 151.156(O)(2)(a) and can be reported to the County Planning and Zoning Administrator under § 151.999. The Board of County Commissioners may withhold final plat approval, and knowing or willful violations of the subdivision regulations can draw a civil penalty of up to $5,000 per parcel or injunctive relief sought by the Board, the District Attorney or the Attorney General.

Frequently Asked Questions

Are invasive or noxious plants banned in Valencia County subdivisions?
Yes, for new subdivisions. County Code § 151.156(O)(2)(a) says any species considered noxious, or a weed species that could enhance the distribution of undesirable species, will not be allowed in a subdivision's landscaping and revegetation plan, which the Valencia Soil and Water Conservation District reviews before the county approves the plat.
Does this rule apply to existing homes and yards?
No. The prohibition sits in Chapter 151's subdivision review standards and governs the revegetation and landscaping plan a developer files with a new subdivision application; it does not create a standalone weed ban for property already platted or for individual homeowners outside that review process.
What must a compliant revegetation plan show instead?
Under § 151.156(O)(2), species must be adapted to local soils and climate, planting dates and seeding rates must follow the Valencia SWCD and NRCS Field Office Technical Guides, and existing vegetation should be left undisturbed wherever possible, in addition to excluding any noxious or weed species.

Sources & Official References

Other rules in Valencia County

All Valencia County rules

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