Santa Fe, NM Property Maintenance: Vacant Lot Maintenance (2026)
Key Facts
- Height limit
- Weeds over 12 inches tall prohibited
- Stem diameter trigger
- Under 2 inches diameter counts as weeds
- Applies to
- Occupied and unoccupied (vacant) lots alike
- Nuisance basis
- Declared nuisance under § 3-18-17 NMSA 1978
- Exemptions
- Flower/vegetable gardens, native landscaping, grain plots
- Penalty
- Up to $500 fine or 90 days jail (§ 1-3.1)
Summary
Santa Fe's Weed Ordinance makes it unlawful for an owner, lessee, agent or occupant to let weeds grow past twelve inches on any lot, occupied or vacant, or on the adjacent sidewalk, street or alley strip. The city declares overgrown weeds a public nuisance under state law, and violations carry the code's general penalty.
It is unlawful for any owner, lessee, agent, occupant, or person in possession or control of any occupied or unoccupied lot or tract of land or any part thereof within the municipal boundaries to permit or maintain on any such lot or tract of land, or along the sidewalk, street or alley adjacent to the same: A.Any growth of weeds to a height greater than twelve inches (12") and which have a stem diameter of less than two inches (2"); or B.Any weeds which because of their dry condition or dense growth constitute a fire hazard or danger to the public health, welfare or safety.
Full Breakdown
#1983-30), governs every lot in the city, whether it is built on or sits vacant. 2 declares the growth of weeds, as defined and regulated by the ordinance, a nuisance under Section 3-18-17 NMSA 1978, the state statute authorizing municipalities to abate weed nuisances. 3 defines "weeds" as weeds, grass, brush or other vegetation exceeding twelve inches in height with a stem diameter under two inches, and specifically names bindweed, Canada thistle, perennial sowthistle, Russian knapweed, common ragweed, milkweed, dandelion, Russian thistle (tumbleweed), fireweed, mustards, sandburs and hairy stickweed, along with any other growth injurious to public health, welfare or safety.
Flower gardens, shrubbery plots, vegetable gardens, native landscaping vegetation and small grain plots are expressly carved out of the definition, so a xeriscaped or native yard is not automatically in violation. 4 sets the operative prohibition: no owner, lessee, agent, occupant or other person in possession or control of any occupied or unoccupied lot or tract of land may permit or maintain weeds over twelve inches with a stem diameter under two inches, or weeds that, because of dry condition or dense growth, create a fire hazard or danger to public health, welfare or safety, on the lot itself or along the abutting sidewalk, street or alley.
The rule reaches owners of unimproved and vacant parcels just as it reaches occupied residential and commercial lots, and it applies without a separate notice-and-abatement step spelled out in Section 10-3 itself, unlike the city's broader nuisance-abatement chapter at Section 10-9.
Violations & Fines
Because Chapter 10-3 does not set its own fine schedule, a weed violation is punished under the code's general penalty, Section 1-3.1 SFCC 1987: a fine of not more than five hundred dollars, imprisonment in the county jail for not more than ninety days, or both. Every day the weed growth continues after notice is a separate offense, so unabated violations can accumulate daily fines rather than a single flat fee.
Frequently Asked Questions
Does Santa Fe's weed rule apply to a vacant lot with no house on it?
What counts as a regulated weed under Santa Fe's ordinance?
Can dry weeds violate the ordinance even under twelve inches?
What is the penalty for letting weeds grow on a Santa Fe lot?
Sources & Official References
Other rules in Santa Fe
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