New Mexico Open Range and Livestock Fence Law

Under Section 77-16-1 NMSA 1978, no person can recover damages from trespassing livestock unless their land was enclosed by a lawful fence. The Livestock Board administers brand inspection, estray handling under Chapter 77, Article 13, and animal health rules statewide. Lawful fence specifications, including post spacing and wire requirements, are set by state statute. Counties lack authority to ban open-range grazing in unincorporated areas. Municipalities may regulate livestock keeping within incorporated boundaries through zoning, but cannot override the statewide fence-out doctrine. Estrays found running at large must be reported to the New Mexico Livestock Board for handling.

Damaging trespassing livestock, failing to report estrays, or unlawful slaughter of stray livestock can result in misdemeanor charges and civil liability under NMSA 77-13.