Doña Ana County, NM Invasive Plant Rules: Tree-of-Heaven Removal (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.
§ 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?
Can an existing Tree of Heaven on my unincorporated county lot stay?
What plants can replace Tree of Heaven in a landscape plan?
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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