Do state fire restrictions override local rules?

Yes, when stricter. State Forestry stage restrictions apply on state and private lands and supersede less restrictive local rules during declared emergencies.

Am I required to maintain defensible space?

If you live in a designated WUI zone, the state IWUIC standards require defensible space around structures. Local enforcement varies by jurisdiction.

New Mexico Wildfire Zones (2026)

Key Facts

Governing statute: NMSA 68-2
Code adopted: IWUIC via NMAC 14.7.5
Restriction stages: 1, 2, and 3
Lead agency: EMNRD State Forestry
Suppression liability: Full costs recoverable

Source: Justia Law

Full Breakdown

Under NMSA 68-2 and the Wildland-Urban Interface program, the Energy, Minerals and Natural Resources Department's Forestry Division has statewide authority over wildfire prevention on non-federal, non-municipal lands. The state adopts the International Wildland-Urban Interface Code through NMAC 14.7.5 for areas designated as fire hazard zones. State Forestry may issue stage 1, 2, or 3 fire restrictions affecting campfires, smoking, equipment use, and target shooting. Local jurisdictions in WUI areas must adopt building defensible space standards. The state coordinates with federal agencies on fuel reduction and prescribed burns.

Violations & Penalties

Violating state fire restrictions is a misdemeanor; causing wildfire through negligence creates civil liability for full suppression costs and damages, plus potential felony charges.

New Mexico Wildland-Urban Interface and State Forestry Authority

Key Facts

Full Breakdown

Violations & Penalties

Frequently Asked Questions

Sources

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