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Las Cruces, NM Right to Farm: Agricultural Zoning Protection (2026)

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

Key Facts

EE district max density
1 dwelling unit per acre
REM district max density
2 dwelling units per acre
RE district
Limits animal keeping, 2 units/acre
Horse boarding/riding facility
Minimum 5 acres required
Governing section
Land Development Code Sec. 38-31.A
Right-to-farm statute
None; protection is zoning-based only

Summary

Las Cruces sets aside its EE Equestrian Estate & Agriculture district specifically for farming and keeping livestock, capping density at one dwelling unit per acre so agricultural operations are not crowded out by residential subdivision. The REM district permits similar farming and animal-keeping at two units per acre, giving landowners two zoning paths built around rural, agricultural living.

Sec. 38-31. - Residential zoning districts. A. Single-Family Rural Residential Zoning Districts. 1. Purpose. The rural residential category is intended to provide for low density single-family housing on large lots specifically designed for farming and/or raising and keeping of animals. It is intended that the rural residential zones meet the demand for lifestyles which desire more open space and include farming and/or the raising and keeping of animals in a rural atmosphere. Limited commercial activity is permitted. 2. Zoning District Descriptions. EE Equestrian Estate & Agriculture: The EE District is intended as a low density residential district of single-family site-built/manufactured housing on large lots specifically designed for farming and/or the raising and keeping of animals such as horses, mules, cows, pigs, sheep, goats, and fowl in a rural atmosphere. Limited commercial activity is permitted. The maximum density of this district is one dwelling unit per acre.

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 33 | Land Development Code: Supplement 28).

Full Breakdown

Sec. A of the Las Cruces Land Development Code creates the city's Single-Family Rural Residential Zoning Districts "to provide for low density single-family housing on large lots specifically designed for farming and/or raising and keeping of animals," stating the intent is to meet demand for lifestyles that want open space and animal-keeping in a rural atmosphere, with limited commercial activity permitted. The EE Equestrian Estate & Agriculture district is described as intended for housing on large lots "specifically designed for farming and/or the raising and keeping of animals such as horses, mules, cows, pigs, sheep, goats, and fowl in a rural atmosphere," capped at a maximum density of one dwelling unit per acre, the lowest density ceiling in the entire zoning code.

The REM Residential Estate Mobile district carries the same farming and animal-keeping purpose language but allows a maximum density of two dwelling units per acre. By contrast, the RE Residential Estate district sitting between them is written to "limit commercial activity and to limit the keeping and raising of animals," also at two units per acre, showing the code draws a sharp line between districts meant to support agriculture and districts meant to cap it. Sec. 38-33C's use table backs this up: Animal Raising, Christmas Tree Farm, Horticulture, Produce Stand and horse boarding/riding-school facilities are allowed uses in EE and REM but not listed as allowed in RE or the general urban residential districts.

A commercial horse-boarding, breeding or riding operation additionally needs a minimum of five acres and must comply with Article IV of Chapter 16 and Chapter 7 of the Municipal Code. There is no separate right-to-farm nuisance-immunity ordinance in the Las Cruces code; agricultural protection here operates entirely through this zoning-district structure rather than through a statutory shield against nuisance suits.

Violations & Fines

Subdividing or developing EE-zoned land above the one-dwelling-unit-per-acre density cap, or REM land above two units per acre, is a zoning violation enforced by the Community Development Department, which can withhold plat approval or building permits until the density is brought into compliance. Operating a commercial horse-boarding, breeding or riding facility on a parcel smaller than the five-acre minimum, or without complying with Chapter 16, Article IV and Chapter 7 of the Municipal Code, is likewise a code violation subject to a stop-use order pending a Sec. 38-54 special use permit.

Frequently Asked Questions

Which Las Cruces zoning district protects farming and livestock?
The EE Equestrian Estate & Agriculture district under Sec. 38-31.A, described as designed for farming and raising animals such as horses, mules, cows, pigs, sheep, goats and fowl, capped at one dwelling unit per acre to keep lots large.
Does Las Cruces have a right-to-farm law shielding farms from nuisance suits?
No. The Land Development Code protects agriculture through zoning density and use limits in the EE and REM districts rather than through a separate nuisance-immunity statute; no such right-to-farm ordinance appears in the code.
How much land do I need to board or breed horses in Las Cruces?
Sec. 38-33C requires a minimum of five acres for a commercial facility boarding, breeding, training or renting horses, plus compliance with Article IV of Chapter 16 and Chapter 7 of the Municipal Code.
What is the difference between the EE and RE districts?
EE is built around farming and animal-keeping at one unit per acre, while the adjacent RE Residential Estate district is written to limit commercial activity and limit the keeping and raising of animals, both at two units per acre.

Sources & Official References

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