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Doña Ana County, NM Noise from Specific Sources: HVAC & Mechanical Noise (2026)

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

Key Facts

Covered equipment
Fixed AC units, fans, stationary machinery
Applies
Nighttime hours only, per § 261-9
Limit
§ 261-11 Table 1: 50/60/70 dB(A)
Exception
Genuine emergency repair work exempt
First offense fine
$100 to $300 under § 261-24

Summary

Doña Ana County bars nighttime operation of any stationary air conditioner, fan or other permanently installed mechanical equipment that exceeds the Code § 261-11 decibel table on neighboring property. Emergency repair work needed to restore safety, utilities or protect against imminent danger is exempt under § 261-21(A).

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.

EMERGENCY WORK: Work made necessary to restore property to a safe condition following a public calamity, work to restore public utilities, or work required to protect persons or property from an imminent exposure to danger. ... § 261-21. Machinery, equipment, fans, and air conditioners. A. At nighttime, except for emergency work as defined in this article, no person shall operate or allow the operation of any stationary machinery, equipment, fan, air-conditioning apparatus, or similar permanently installed mechanical device in any manner so as to create noise which exceeds the Table 1 limits specified in § 261-11.

Full Breakdown

Doña Ana County regulates fixed mechanical noise, including HVAC and air-conditioning equipment, under § 261-21(A) of the 2012 Noise Control Ordinance. on weekends and holidays, in a manner that creates noise exceeding the Table 1 limits set in § 261-11: 50 dB(A) on residential or noise-sensitive property, 60 dB(A) on office or commercial property, and 70 dB(A) on industrial property, all measured on the property receiving the sound. The section carves out 'emergency work,' defined in § 261-9 as work needed to restore property to a safe condition after a public calamity, restore public utilities, or protect persons or property from imminent danger; an HVAC contractor responding to a genuine emergency repair is not bound by the nighttime cap.

Because the rule targets permanently installed equipment rather than portable devices, a rooftop or ground-mounted condenser unit, a whole-house fan, or built-in industrial machinery all fall within its reach, while portable power equipment such as generators or leaf blowers is instead governed by § 261-21(B). The Sheriff's Department administers the article under § 261-23 and can promulgate testing procedures to confirm a decibel reading against the table.

Violations & Fines

An HVAC or fixed-equipment noise violation under § 261-21(A) carries the same Chapter 261 penalty scale set out at § 261-24: $100 to $300 for a first or second offense, with the $100 minimum unable to be suspended, and a fine of at least $300 for a third or later offense. Jail time does not apply, but a chronic violation can also be abated through a court injunction.

Frequently Asked Questions

Can my air conditioner run loudly at night in Doña Ana County?
Not if it exceeds the § 261-11 decibel table on a neighbor's property during nighttime hours. Section 261-21(A) caps stationary air-conditioning apparatus and other permanently installed mechanical equipment at 50 dB(A) on residential property, 60 dB(A) on commercial property, and 70 dB(A) on industrial property, measured where the sound is received.
Is emergency HVAC repair work exempt from the nighttime limit?
Yes. Section 261-21(A) exempts 'emergency work,' defined in § 261-9 as work needed to restore property to a safe condition after a calamity, restore public utilities, or protect people or property from imminent danger. Routine nighttime HVAC maintenance that isn't an emergency still has to meet the decibel table.
Does this rule cover portable generators too?
No. Section 261-21(A) is limited to stationary and permanently installed equipment like fixed air conditioners and machinery. Portable power equipment, including generators, leaf blowers and power saws, is instead regulated under the separate power-equipment standard in § 261-21(B).

Sources & Official References

Other rules in Doña Ana County

All Doña Ana County rules

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