Otero County, NM Right to Farm: Agricultural Zoning Protection (2026)

The Board of County Commissioners adopted this zone by Ordinance No. 14-07 to secure the county's economy and "foster the County's agricultural and other industries" under NMSA 1978, § 4-37-1, according to § 150-28. The zone covers unincorporated lands in the county, excluding federal enclaves, and its highest management priority under § 150-30.B is responsible development of existing and future livestock grazing and natural resource production. Section 150-31 lists the permitted uses on these lands without requiring a separate use-permit process: hunting, fishing, livestock grazing, mining and mineral exploration, recreation, wildlife habitat management, telecommunications, water resource use, timber and woodland products, utility corridors, and county transportation corridors.

Section 150-30.K states that livestock grazing and natural resource production "must be protected to ensure the health, welfare and safety of the citizens" because the county has depended on those industries throughout its history. The article also protects water rights tied to ranching and farming under the doctrine of prior appropriation and requires federal agencies managing land inside the zone to coordinate and cooperate with the county under FLPMA, the National Forest Management Act and related federal statutes. Any future Otero County Comprehensive Land Use Plan may further govern uses in the zone, but until one is adopted the listed agricultural and resource uses stand as the zone's baseline protections.

There is no companion provision shielding an established farm from nuisance suits once a residence moves nearby; the protection here runs through zoning designation rather than a nuisance-immunity statute.