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Doña Ana County, NM Short-Term Rentals: Repeat Violator Strikes (2026)

Significant Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified August 2026

Key Facts

First offense fine
$50 to $300
Repeat offense fine
flat $300, not suspendable
Third conviction
permit revoked
Closure deadline
within 7 days
Permit fee
$50 one-time
Enforced by
CDD, Sheriff's Dept
Applies only in
unincorporated county

Summary

Doña Ana County's short-term rental ordinance punishes repeat violations with escalating strikes. A first conviction draws a $50 to $300 fine that a judge may suspend, defer or take under advisement. A second or later conviction carries a mandatory $300 fine that cannot be suspended, and a third conviction forces the Community Development Department to revoke the rental's permit and shut it down within seven days.

These county ordinances apply to unincorporated areas of Doña Ana County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

Upon a first conviction, a property owner shall be subject to a fine of $50 to $300. A sentence upon a first violation may be suspended, deferred or taken under advisement. Upon conviction of a second or subsequent offense, a property owner shall be subject to a fine of $300 which shall not be suspended, deferred or taken under advisement. Upon conviction of a third offense, in addition to the penalties set forth above, CDD shall revoke the short-term rental permit associated with the property, and all operation of the short-term rental shall cease within seven days. Each day a property owner operates a short-term rental without obtaining the required business registration or without registering with DCC or otherwise violates this chapter shall constitute a separate offense as provided under § 1-20 of the Code of Doña Ana County.

Full Breakdown

Chapter 280 of the Code of Doña Ana County applies only to short-term rentals operating in the unincorporated county; Las Cruces, Sunland Park, Mesilla and Hatch enforce their own rental rules. Every operator must first obtain a $50 business registration certificate and permit from the Community Development Department (CDD) under § 280-5, post it in a window facing the street, and carry adequate liability insurance. Under § 280-7, the penalty structure escalates with each conviction. A first conviction is punishable by a fine of $50 to $300, and that sentence may be suspended, deferred or taken under advisement, giving a first-time operator room to correct the violation.

A second or any subsequent conviction carries a flat $300 fine that a judge cannot suspend, defer or take under advisement, removing judicial leniency once a pattern is established. On a third conviction, CDD must revoke the short-term rental permit tied to the property, and all rental operation must cease within seven days, regardless of any additional fine imposed. Each day an owner operates without the required registration, or otherwise violates the chapter, counts as a separate offense under § 1-20 of the general penalty article, so unresolved violations compound quickly.

CDD, County Codes Enforcement Officers and the Doña Ana County Sheriff's Department all have authority to document, cite and prosecute violations in any court of competent jurisdiction. A felony conviction tied to illegal activity at the rental is separate grounds for permanent closure and disqualifies the owner from managing any other short-term rental in the county under § 280-4(K).

Violations & Fines

Fines run $50 to $300 for a first offense (suspendable) and a mandatory $300 for every conviction after that. A third conviction triggers permit revocation, forcing the rental to close within seven days. Operating without the required CDD registration, or continuing after revocation, resets the clock every day under § 1-20, so a two-week lapse can produce fourteen separate citations before the case is even heard.

Frequently Asked Questions

What happens after a third short-term rental violation in Doña Ana County?
The Community Development Department revokes the short-term rental permit tied to the property under § 280-7(C), and the owner must stop all rental operations within seven days. The revocation applies on top of any fine already assessed for the underlying third conviction.
Can a first-time short-term rental fine be waived?
Yes. § 280-7(B) allows a judge to suspend, defer, or take a first conviction's $50 to $300 fine under advisement. That leniency disappears on a second or later conviction, when the $300 fine becomes mandatory and cannot be suspended or deferred.
Does this ordinance apply inside Las Cruces or Mesilla?
No. Chapter 280 is a county ordinance that reaches only the unincorporated area of Doña Ana County. Las Cruces, Sunland Park, Mesilla and Hatch are incorporated municipalities that regulate short-term rentals under their own municipal codes, not this chapter.

Sources & Official References

Other rules in Doña Ana County

All Doña Ana County rules

Compare Doña Ana County to another location·View the New Mexico short-term rentals overview

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