Valencia County, NM Noise Ordinances: Vehicle Noise (2026)
Key Facts
- Designation method
- Board resolution after public hearing
- Petition threshold
- 4+ adjacent homeowners
- Emergency exemption
- bona fide emergencies only
- Fine
- up to $300
- Jail exposure
- up to 90 days
- Enforcement
- Sheriff's Department
Summary
On roads the Board of County Commissioners designates by resolution, unincorporated Valencia County bans sounding an engine retarder, or "jake brake," under Code § 70.27. The rule targets noise from engine brakes slowing trucks, exempts bona fide emergencies, and only applies to a road after a public hearing triggered by petition or a Commission vote; violators face a misdemeanor with up to 90 days in jail and a $300 fine.
ENGINE RETARDER. ... A device commonly known as an engine retarding system, engine brake, "jake brake" or exhaust brake, which helps slow a motor vehicle's rate of speed and, when activated, creates noise through the motor vehicle's engine or exhaust system. ... It is unlawful for any person to make, continue or cause to be made any noise disturbance on those certain roads in the county, as designated by the Board of County Commissioners by resolution, by the sounding of any device or piece of equipment known as an engine retarder. Exempted from the provisions of this subchapter is noise resulting from the use of a retarder in a bona fide emergency situation.
Full Breakdown
26). 27 makes it unlawful to sound an engine retarder on roads the Board of County Commissioners has designated by resolution, but the ban does not reach a retarder used in a bona fide emergency. Before designating a road, the Board must hold a public hearing, triggered either by a petition from at least four adjacent homeowners or by a majority Board vote, and weigh both the public-safety impact of banning retarders and the nuisance the noise causes on that stretch of roadway. 28). 28(C)). 30). 31).
Violations & Fines
Sounding an engine retarder on a designated road is a misdemeanor under § 70.99(B), punishable by a fine of up to $300, up to 90 days in jail, or both. The ban applies only on roads the Board has designated by resolution; any other chapter 70 offense without its own stated penalty falls back to the general traffic penalty in § 10.99.
Frequently Asked Questions
Is using a jake brake illegal everywhere in Valencia County?
How does a road get designated as engine-retarder-restricted?
What happens if I get caught using a jake brake on a restricted road?
Does a missing warning sign excuse an engine retarder violation?
Sources & Official References
Other rules in Valencia County
Compare Valencia County to another location·View the New Mexico noise ordinances overview
See something wrong?
Help us keep this page accurate. If you notice an error or outdated information, let us know.