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Bernalillo County, NM Property Maintenance: Vacant Lot Maintenance (2026)

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

Key Facts

Threshold lot size
Under 2 acres: no weed accumulation allowed
Larger lots (2+ acres)
20-foot cleared firebreak required
Correction window
10 days after notice of violation
Maximum fine
Up to $300, 90 days jail
Enforcement authority
County manager or designee

Summary

Unincorporated Bernalillo County bans letting weeds or litter accumulate on any lot under two acres, and requires a 20-foot firebreak on larger parcels. Albuquerque and the villages enforce their own separate weed ordinances.

City-specific rules exist: Albuquerque has its own vacant lot maintenance rules that differ from Bernalillo County's county-level regulations. If you live in Albuquerque, check the city-specific page instead.

It shall be unlawful for any owner to allow the accumulation and/or outgrowth of weeds on any lot, parcel, tract or piece of land less than two acres in area under the owner's control or possession, or upon any alley or sidewalk adjacent to such lot, parcel, tract or piece of land.

Source: NMSA 3-18-5 (Abatement Liens / Weed and Litter)View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 92).

Full Breakdown

Bernalillo County's Weed and Litter Abatement Ordinance makes it unlawful for an owner to let weeds or litter accumulate on any unincorporated lot under two acres, including the adjacent alley or sidewalk. Lots two acres or larger must keep a cleared firebreak at least 20 feet wide along their boundaries, or the county manager can order a wider firebreak or full disking. The county manager posts a notice of violation on the property and mails a copy to the owner of record, giving 10 days to correct the problem unless the risk to public safety justifies a shorter deadline.

Violations & Fines

Uncorrected violations can bring a criminal or civil case, including a restraining order or injunction; convictions carry a fine up to $300, up to 90 days in jail, or both.

Frequently Asked Questions

Does this weed rule apply inside Albuquerque?
No. It only governs unincorporated Bernalillo County. Albuquerque, Los Ranchos de Albuquerque, and Tijeras enforce their own separate weed and nuisance codes.
What counts as a 'weed' under the ordinance?
The code defines a weed as any economically useless, unsightly, or fast-growing plant, or low-value tree or shrub of exuberant, injurious growth, not just noxious species.
Is there an exception for large rural parcels?
Yes. Lots of two acres or more comply by clearing a firebreak at least 20 feet wide along the boundary instead of clearing the whole parcel.

Sources & Official References

Other rules in Bernalillo County

All Bernalillo County rules

Compare Bernalillo County to another location·View the New Mexico property maintenance overview

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