New Mexico Statewide Rule
New Mexico Open Range and Livestock Fence Law
Key Facts
- Fence Doctrine
- Fence-out state
- Lawful Fence Statute
- NMSA 77-16-1
- Regulator
- NM Livestock Board
- Estray Handling
- NMSA 77-13
Summary
New Mexico is a fence-out state under NMSA 77-16-1, meaning landowners must fence livestock OUT of property. Counties cannot restrict free-running livestock in unincorporated open range areas, though municipalities regulate livestock within city limits.
It is unlawful for the owners of livestock to willfully allow the livestock to run at large within the town, conservancy district, irrigation district or military reservation or enclave. An owner who willfully allows livestock to run at large is guilty of a misdemeanor and upon conviction shall be punished in accordance with the provisions of Section 31-19-1 NMSA 1978 for each offense.
Full Breakdown
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.
Violations & Penalties
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.
Frequently Asked Questions
Do I need to fence my property to keep livestock out?
Can a county ban free-roaming livestock?
Sources
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