Doña Ana County, NM Landscaping Rules: Rainwater Harvesting (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.
(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?
What has to be shown on a landscape plan if I add water harvesting to a commercial project?
Does the county prefer cisterns or rain gardens?
What happens if a required landscape plan omits water-harvesting details?
Sources & Official References
Other rules in Doña Ana County
Compare Doña Ana County to another location·View the New Mexico landscaping rules overview
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