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Doña Ana County, NM Landscaping Rules: Rainwater Harvesting (2026)

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

Key Facts

Mandate
None; passive water harvesting is a recommended best practice
Governing sections
§§ 350-507B(1), 350-606B(4), 350-108
Landscape plan trigger
Commercial, industrial, institutional, multifamily (3+ units)
Single-family exemption
Homes and duplexes exempt from § 350-507
Design standard
Gravity-fed passive systems, no tanks or pumps
Penalty
Up to $300 fine, 90 days jail (§ 1-20)
Enforcing agency
Zoning Administrator, County Sheriff, County Attorney

Summary

Doña Ana County treats rainwater harvesting as a voluntary water-conservation best practice, not a mandate. Subdivision design guidelines at § 350-606B(4) recommend passive systems that use gravity to route stormwater into rain gardens without added tanks or pumps. Where a landscape plan is required under § 350-507, any proposed cisterns, barrels or rain gardens must be shown with dimensions.

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.

(4) Water conservation best management practice. (a) Description. Best practice will utilize passive water harvesting to collect stormwater, which promotes water infiltration, stormwater reduction, less complex erosion control and infrastructure systems, and optimal landscaping. Utilizing harvested stormwater will provide or offset landscape water needs. (b) Method. Best practice will include passive water harvesting functions, which utilize gravity to direct the flow of stormwater into active landscape features. Best practices should be designed without additional tanks, piping, metering, pumps, or other infrastructure associated with containment systems.

Full Breakdown

The county's Land Use Code does not require property owners to install rainwater harvesting, and single-family homes and duplexes are exempt from the landscaping article altogether under § 350-507A(5)(a). Where the article does apply, chiefly new commercial, industrial, institutional and multifamily development of three or more units, plus the roadway frontage of single-family subdivisions, § 350-507B(1) requires the landscape plan to show the locations of any proposed water harvesting features and hardscape, with dimensions noted, alongside irrigation, plants, ground cover and required buffers. That plan must be prepared by a professional landscape architect, or by a professional engineer or architect of record on nonresidential projects valued at $600,000 or less.

Separately, the county's subdivision water-supply guidelines in § 350-606B recommend water conservation measures for new subdivisions: low-water-use xeriscaping is 'highly recommended,' and § 350-606B(4) treats passive water harvesting, gravity-graded rain gardens, as the recommended best management practice, expressly designed without added tanks, piping, metering or pumps. The code's glossary at § 350-702 separately recognizes active systems using cisterns or barrels with gravity or pump conveyance, but the county's design guidance favors the passive, gravity-fed approach and directs applicants to coordinate any additional overflow routing infrastructure with the county's Engineering and Development Services (EDS) and Community Development Department (CDD) staff. Because these are subdivision-review and site-plan standards, they attach to plat and site-plan review, not to a standalone harvesting permit.

Violations & Fines

Chapter 350 is enforced by the Zoning Administrator, County Attorney, District Attorney and County Sheriff (§ 350-108B). Under § 350-108J, any violation of the chapter, including a required landscape plan filed without the water-harvesting details § 350-507B(1) calls for, is a petty misdemeanor punishable under County Code § 1-20: a fine up to $300, up to 90 days in jail, or both, with each day a violation continues charged as a separate offense (§ 1-20A).

Frequently Asked Questions

Does Doña Ana County require homeowners to install a rain barrel or cistern?
No. The Land Use Code never mandates water harvesting. Single-family homes and duplexes are exempt from the landscaping article, § 350-507, entirely under § 350-507A(5)(a), so a homeowner can add a rain barrel, cistern or rain garden without a county landscaping review; § 350-606B(4) simply recommends passive systems as a best practice for new subdivisions.
What has to be shown on a landscape plan if I add water harvesting to a commercial project?
Under § 350-507B(1), the landscape plan submitted with the building permit, site plan or subdivision application must show the locations of any proposed water harvesting features and hardscape, with dimensions noted, alongside irrigation, plants, ground cover and required buffers, and the plan needs a graphic scale, written scale and North arrow.
Does the county prefer cisterns or rain gardens?
Its subdivision guidelines favor passive systems: § 350-606B(4) describes best practice as using gravity to move stormwater into active landscape features like rain gardens, designed without additional tanks, piping, metering or pumps. Active systems using cisterns or barrels are recognized in the code's glossary at § 350-702 but are not the recommended design.
What happens if a required landscape plan omits water-harvesting details?
A violation of Chapter 350, enforced by the Zoning Administrator, County Attorney, District Attorney or Sheriff under § 350-108, is a petty misdemeanor under County Code § 1-20: a fine up to $300, up to 90 days in jail, or both, with every day the violation continues counted as a separate offense.

Sources & Official References

Other rules in Doña Ana County

All Doña Ana County rules

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