New Mexico Statewide Rule
New Mexico Statewide Outdoor Burning and Air Quality Rules
Key Facts
- Governing law
- NMSA 74-2; NMAC 20.2.60
- Trash burning
- Prohibited statewide
- Burn ban authority
- State Forestry Division
- Maximum daily fine
- $15,000
- Permit required
- Most agricultural burns
Summary
New Mexico Environment Department regulates open burning statewide under the Air Quality Control Act, requiring permits or notification and prohibiting trash burning in most populated areas, with stricter local rules permitted.
This section (20.2.60.111 NMAC) applies to open burning of vegetative material as defined in 20.2.60.7 NMAC, for purposes of disposal of such material, provided that burning of areas with non-piled vegetative material does not exceed ten acres per day, or burning of piled vegetative material, including material gathered in a pit or open container, does not exceed one thousand cubic feet of pile volume per day. In determining daily burn area and daily burn pile volume, areas or piles that are within three hundred feet of each other shall be considered to constitute a single burn if the burning occurs on the same day and on property under ownership or possessory control of the same person. Burning in excess of these daily limits is subject to 20.2.65 NMAC (Smoke Management).
Full Breakdown
Under NMSA 74-2 (Air Quality Control Act) and NMAC 20.2.60, open burning of refuse is prohibited statewide except for limited agricultural, ceremonial, and land management purposes. The New Mexico Environment Department and Energy, Minerals and Natural Resources Department issue permits and impose statewide burn bans during high fire danger. Residents must check daily burn status before any outdoor fire. Burning household garbage, tires, plastics, and treated wood is prohibited everywhere. State Forestry Division may issue countywide closures restricting all open flames on non-federal lands during extreme conditions.
Violations & Penalties
Illegal open burning is a misdemeanor and may result in fines up to $15,000 per day under the Air Quality Control Act, plus liability for fire suppression costs if escape occurs.
Frequently Asked Questions
Can I burn yard waste at home?
How do I check current burn restrictions?
Sources
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