Valencia County, NM Right to Farm: Agricultural Zoning Protection (2026)
Key Facts
- Minimum lot size
- 5 acres per dwelling in AP District
- Dwelling height cap
- 35 feet
- Other structure height cap
- 45 feet
- Front yard setback
- 30 feet
- Side/rear yard setback
- 15 feet
- Conditional uses
- commercial dairies, feedlots, expanded home occupations
Summary
In unincorporated Valencia County, the Agricultural Preservation (AP) District under Code § 154.090 protects irrigated farmland and grazing land by permitting farming and livestock as of-right uses on 5-acre-minimum parcels. One dwelling per 5 acres is allowed outright, while commercial dairies, feedlots and expanded home-based agricultural businesses need a Type B conditional-use permit reviewed under §§ 154.035-154.040 and 154.057.
(A) Purpose. The purpose of the Agricultural Preservation (AP) District is to protect and preserve areas where lands are predominantly agricultural in their character and use, and comprising of irrigated lands for farming or lands for livestock management. Limited residential and other, agricultural-related uses may be conditionally permitted in the AP district. ... (B) Permitted uses. Any of the following permissive uses are allowed in this zone district: (1) One singular dwelling unit per minimum 5-acre lot; (2) Agricultural activities, including the cultivation and harvesting of crops and the raising, breeding and management of livestock;
Full Breakdown
090, exists to keep the county's irrigated farmland and grazing land in agricultural use while still allowing one home per parcel. Zoning Department review is not required for the two baseline permitted uses: a single dwelling on a lot of at least 5 net acres, and agricultural activity including crop cultivation, harvesting, and livestock breeding and management. 168. 040. Utility facilities other than energy-generation plants also fall into that conditional category, subject to site design review. The district's dimensional standards keep new construction consistent with the low-density character the AP zone protects: the minimum parcel size for any permitted or conditional use is 5 acres, dwellings cannot exceed 35 feet in height, and other structures top out at 45 feet. Front yards need a 30-foot setback and side and rear yards need 15 feet. 059 rather than being forced into immediate compliance.
Violations & Fines
Violating any provision of Chapter 154, including the AP District's use and dimensional standards, is a petty misdemeanor under Code § 154.999 for each day the violation continues, punishable by a fine up to $300, up to 90 days in jail, or both. The county Zoning Department can also issue a citation giving the property owner 30 days to remedy the violation or appear in court, and can pursue a separate civil action to abate or enjoin the nuisance.
Frequently Asked Questions
What can I build on land zoned Agricultural Preservation in Valencia County?
How small can an AP-zoned parcel be for a house?
Can I run a farm-related business from my AP property?
Sources & Official References
Other rules in Valencia County
Compare Valencia County to another location·View the New Mexico right to farm overview
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