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Doña Ana County, NM Property Maintenance: Vacant Lot Maintenance (2026)

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

Key Facts

Prohibited act
Solid waste, incl. weeds, accumulating on premises
Covers
Vacant lots by definition (§ 287-2)
Notice period
30 days to abate after written notice
County remedy
Abatement plus lien for cleanup cost
Enforcing agency
Sheriff's Dept. / Environmental Codes Enforcement
Jurisdiction
Unincorporated Doña Ana County only

Summary

Doña Ana County's solid waste code bars anyone from letting solid waste, a term that by definition covers weeds, briars and brush, accumulate on any premises they own or control, including vacant lots. Violations under § 287-3A can trigger a 30-day abatement notice, a county-placed lien for cleanup costs, or prosecution under the county's general penalty article.

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.

SOLID WASTE: Includes but is not limited to any garbage, rubbish, or refuse, rejected or waste food, offal, swill, carrion, ashes, dirt, slop, wastewater, trash, weeds, briars, brush, junk automobiles or automobile parts, waste or unwholesome material of any kind... PREMISES: Any real property, whether public or private, including vacant lots or lots with any type of structure... § 287-3. Accumulation and disposition. A. Prohibited accumulations. No person shall allow any solid waste to accumulate upon premises which he owns, rents, leases or otherwise occupies or controls except in the manner provided by this article.

Full Breakdown

Chapter 287, Article I of the Doña Ana County Code, adopted in 2007 by Ordinance No. and 4-37-1, defines PREMISES broadly in § 287-2 to include any real property, whether public or private, including vacant lots or lots with any type of structure. Its definition of SOLID WASTE in the same section sweeps in garbage, rubbish, refuse, trash, weeds, briars, brush, junk automobiles and other waste or unwholesome material. Reading those definitions into the operative rule at § 287-3A, no person shall allow any solid waste to accumulate upon premises which he owns, rents, leases or otherwise occupies or controls except in the manner provided by the article, so the county treats an unmowed, weed-choked vacant lot the same as any other prohibited waste accumulation.

Section 287-3B carves out a narrow exception for neatly stacked building materials tied to an active, permitted construction project, so long as the pile does not become a breeding ground for flies, insects or rodents or otherwise turn unsanitary. Enforcement runs through § 287-6: the county's Sheriff's Department and Environmental Codes Enforcement unit investigate complaints or visible violations, and if a property owner does not abate the violation within 30 days of written notice, the county may perform the abatement itself and place a lien against the property for its cost, collected the same way as other assessments under NMSA § 3-48-4 et seq.

Any person who violates the article is also subject to prosecution under Chapter 1's General Penalty article. Like the rest of the county code, this rule reaches only unincorporated Doña Ana County; Las Cruces, Sunland Park, Mesilla and Hatch enforce their own weed and nuisance ordinances inside city limits.

Violations & Fines

A property owner who ignores a written violation notice for 30 days faces county abatement, with the cleanup cost recovered as a lien against the property under NMSA § 3-48-4 et seq. Independent of abatement, § 287-6B subjects any violator to prosecution under Chapter 1's General Penalty article, and enforcement is carried out by the Sheriff's Department and the county's Environmental Codes Enforcement unit.

Frequently Asked Questions

Can Doña Ana County make me clear weeds from a vacant lot I own?
Yes. The code's SOLID WASTE definition in § 287-2 explicitly includes weeds, briars and brush, and § 287-3A bars anyone from allowing solid waste to accumulate on any premises they own or control, a term the same section defines to include vacant lots. A weed-covered vacant lot in the unincorporated county falls squarely under that prohibition.
What happens if I don't clean up after getting a notice?
Under § 287-6A, if you do not abate the violation within 30 days of written notice, the county can perform the abatement itself and place a lien on your property for the cost, collected under NMSA § 3-48-4 et seq. You also remain subject to prosecution under Chapter 1's General Penalty article.
Does this rule apply if my vacant lot is inside Las Cruces?
No. Doña Ana County's solid waste ordinance, Chapter 287 of the county code, governs only the unincorporated area. Las Cruces, Sunland Park, Mesilla and Hatch each maintain their own municipal weed and property-maintenance ordinances that apply to vacant lots inside those city limits instead of the county code.

Sources & Official References

Other rules in Doña Ana County

All Doña Ana County rules

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