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Doña Ana County, NM Invasive Plant Rules: Tree-of-Heaven Removal (2026)

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

Key Facts

Species
Tree of Heaven, Ailanthus altissima
Listed as
Prohibited or Not Recommended, Appendix Y § 350-825
Flagged reason
Invasive, water seeking roots
Operative rule
UDC § 350-507D(10) bars it from landscape areas
Applies to
Covered new developments in unincorporated county only
Penalty
Up to $300 fine, 90 days jail, per day

Summary

Doña Ana County's landscaping appendix names Tree of Heaven, Ailanthus altissima, in its official 'Plants, Prohibited or Not Recommended' table at § 350-825, flagging it for invasive, water-seeking roots. Under § 350-507D(10) of the Unified Development Code, that listing keeps the tree out of every provided landscape area on covered commercial, industrial, institutional and multifamily projects in the unincorporated county.

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.

§ 350-825. Appendix Y: Plants, Prohibited or Not Recommended. Common Name Botanical Name Prohibited Not Recommended Tree of Heaven Ailanthus altissima invasive, water seeking roots

Full Breakdown

' Tree of Heaven sits at the top of that table with the entry 'Tree of Heaven, Ailanthus altissima, invasive, water seeking roots,' the same notation the County gives fellow prohibited species like Giant Cane and Salt Cedar. The species earns that flag for a reason familiar to anyone who has dealt with it in the Rio Grande valley: it spreads aggressively by root suckers and chases irrigation and drainage water, exactly the 'water seeking roots' problem the appendix calls out. Section 350-507D(10) of the Unified Development Code is what makes that listing binding rather than advisory.

It applies to every landscape plan required under § 350-507, meaning new commercial, industrial, institutional and multifamily developments of three or more units, plus the exterior roadway frontage of single-family developments per § 350-507A(1). The rule reads: 'Prohibited plants shall not be added to any provided landscape area,' so a site plan that specifies Tree of Heaven for a required buffer, parking-lot island or frontage planting does not get approved as submitted; it has to be revised to use a species Appendix X, § 350-824, recommends for the Chihuahuan Desert ecoregion instead. Outside those regulated landscape areas, on unimproved private land elsewhere in the unincorporated county, the appendix does not reach existing volunteer growth.

Violations & Fines

Because it falls under the Code's Article III general penalty scheme, § 1-20, a landscaping violation involving Tree of Heaven in Doña Ana County carries a fine of up to $300, up to 90 days in jail, or both, with each day of noncompliance treated as a separate offense. The County's Code Enforcement Officer issues the citation, and § 1-20D lets the County pursue injunctive relief to force removal of noncompliant plantings instead of, or alongside, a criminal citation.

Frequently Asked Questions

Why does Doña Ana County single out Tree of Heaven?
Appendix Y, § 350-825, flags Ailanthus altissima as 'invasive, water seeking roots,' the same language the County uses for Giant Cane and Salt Cedar. The tree spreads through aggressive root suckering and chases irrigation water, exactly the risk the county's landscaping ordinance is written to keep out of required landscape areas on new development.
Can an existing Tree of Heaven on my unincorporated county lot stay?
Section 350-507D(10) governs plants added to a required or provided landscape area on covered new development: commercial, industrial, institutional or multifamily projects of three or more units. It does not retroactively require removal of an existing tree outside that landscape-plan process, though the county still will not let it count toward any landscaping requirement.
What plants can replace Tree of Heaven in a landscape plan?
Appendix X, § 350-824, is the County's companion recommended-plant list for the Chihuahuan Desert ecoregion, and § 350-507E requires at least 50% of a project's live plant cover to be low water-use species drawn from that table, so a landscape plan that specifies Tree of Heaven gets revised to use a low- or medium-water desert species from Appendix X instead.

Sources & Official References

Other rules in Doña Ana County

All Doña Ana County rules

Compare Doña Ana County to another location·View the New Mexico invasive plant rules overview

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