Pop. 541 · Bernalillo County
Tijeras STR operators must pay NM Gross Receipts Tax and applicable Lodgers' Tax under NMSA §3-38-15. State CRS tax ID required from NM Taxation & Revenue Department. Village zoning fees apply for STR permit applications.
Tijeras Comprehensive Zoning Ordinance Sec. 26-861 et seq. (Ord. No. 240, Nov. 27, 2023) does not set a per-guest overnight occupancy cap, but it caps the village to thirty (30) active STR permits and limits each unit to 225 cumulative rental days per calendar year. The certificate of occupancy and adopted building/fire codes control how many people may stay.
Village of Tijeras Comprehensive Zoning Ordinance Sec. 26-862(5) requires every owner of a short-term rental to 'maintain adequate short-term rental insurance coverage' for the unit. Sec. 26-864(4) requires the application to include 'proof of adequate insurance coverage.' The ordinance does not specify a minimum dollar amount, leaving 'adequate' to the village clerk's review.
Tijeras Ordinance No. 32, §VI(I) (1984) — BANS ownership or possession of American Pit Bull Terriers within village limits. Any pit bull may be impounded and destroyed after court determination. Upheld as constitutional in Garcia v. Village of Tijeras (1988).
Beekeeping is allowed in Tijeras consistent with the rural residential character. No village-specific beekeeping ordinance. State apiary rules under NMAC 21.27.2 apply. Commercial apiaries must register annually with NM Department of Agriculture by November 1.
Tijeras Animal Ordinance (Ord. No. 32, 1984) — unlawful to allow any animal to run at large on streets, alleys, sidewalks, vacant lots, or public property. Leash defined as chain, strap, or cord of sufficient substance to control the animal. County ACS provides services.
Exotic pet regulations in Tijeras fall under Bernalillo County Animal Care Ordinance and state wildlife laws (NMSA §77-1A-1). The village animal ordinance addresses animal cruelty and dangerous animals. Contact Bernalillo County ACS for guidance.
Tijeras allows chickens and small livestock on residential properties consistent with the mountain village character. The rural setting in the Sandia Mountains accommodates hobby farming and animal keeping on larger lots.
Intentional feeding of deer, bears, coyotes, javelina, and other wildlife is prohibited in Bernalillo County and Albuquerque under nuisance and public-safety provisions. NM Game & Fish Commission Rule 19.31.4 NMAC additionally prohibits feeding that habituates big game. Sandia foothills enforcement is active.
NMSA 30-18-1 universally criminalizes animal cruelty statewide, including failing to provide sustenance to animals in custody. Companion animal hoarding triggers cruelty charges and permanent forfeiture of animals upon conviction.
Tijeras regulates amplified music under the general noise ordinance. Sound amplification permits available for events. NMSA §30-20-1 applies.
Tijeras does not have a specific construction hours ordinance. All building requires Planning and Zoning Commission approval per §26-67. Construction noise is governed by general nuisance rules and state law. The village's rural mountain setting means fewer noise conflicts.
The Village of Tijeras addresses noise under general nuisance provisions in its Code of Ordinances and state law NMSA §30-20-1 (disturbing the peace). Unreasonable noise that disturbs the peace is a petty misdemeanor under state law, with fines up to $500.
Tijeras Animal Control Ordinance (Ord. No. 32, 1984) prohibits animals running at large. Nuisance barking is addressed under the animal ordinance and general nuisance provisions. Animal control services provided through Bernalillo County Animal Care Services.
Bernalillo County has no leaf blower-specific ban. Gas-powered blowers are widely used in unincorporated areas. General noise and air quality rules apply, with extra scrutiny on fugitive dust under Albuquerque-Bernalillo County Air Quality Control Board rules.
Aircraft noise in New Mexico is governed exclusively by federal law. The FAA preempts state and local regulation of flight operations, leaving municipalities unable to impose curfews or noise limits on aircraft in flight.
Tijeras Comprehensive Zoning Ordinance treats carports as accessory structures. Per the Article VI use table, accessory structures of 450 sq. ft. or smaller without utilities are permissive (P) in residential zones; larger or utility-served structures are designated (D) and need clerk review under Sec. 26-67. Buildings cannot exceed 26 feet in height (Sec. 26-654), and Bernalillo County issues the building permit under Sec. 26-69.
Garage conversions in Tijeras require P&Z Commission review per §26-67 since they alter building use. The village's ADU provisions (§26-881) may apply if converting to a dwelling unit. Building code compliance required.
Tijeras Ordinance No. 240 includes Division 9 specifically addressing Detached Accessory Dwelling Units (§26-881). ADU requirements are established in the 2023 comprehensive zoning ordinance. Contact the Village for current ADU application requirements.
Accessory structures in Tijeras require P&Z Commission approval per §26-67 for any building erection or footprint alteration. The village's rural character on 1+ acre lots provides space for sheds and outbuildings. Setback requirements apply.
Albuquerque recognizes tiny homes on foundations as dwellings under IRC Appendix Q (200+ sq ft minimum) and allows them as ADUs under IDO §14-16-4-2(C). Tiny Houses on Wheels are regulated as RVs and may only occupy residential lots in limited circumstances. Bernalillo County follows CID/IRC rules.
Open burning in Tijeras is highly restricted due to wildfire risk in the East Mountains. NMAC 14.10.5 (state open burning rule) applies. Bernalillo County Fire Department enforces. Burn days must be verified; the area frequently under fire restrictions.
Fire pits in Tijeras must comply with International Fire Code as enforced by Bernalillo County Fire Department. The village's location in the Wildland-Urban Interface (WUI) means strict fire safety measures. Attended fires only; wood fuel only.
Aerial fireworks are illegal statewide in New Mexico. Tijeras is in a high wildfire risk area in the Tijeras Canyon/East Mountains. Bernalillo County Fire Department provides fire services. Consumer fireworks may be further restricted due to wildfire danger.
Bernalillo County requires property owners to abate hazardous weeds and combustible vegetation under the weed abatement ordinance. East Mountain WUI areas near the Sandia and Manzano foothills face stricter defensible space expectations from county fire officials.
Bernalillo County has no statewide or county-wide WUI mandate, but the East Mountain area (Tijeras, Cedar Crest, Sandia Park) and bosque-adjacent neighborhoods are high-risk. Bernalillo County Fire & Rescue enforces NMAC 19.15.30 (burn rules), seasonal Stage 1/2 fire restrictions, and defensible space recommendations under the NM Forestry Division framework.
New Mexico's LPG Bureau regulates propane storage, installation, and transport statewide under uniform safety codes, preempting local variations on tank specifications, setbacks, and installer licensing.
Tijeras has no specific grass height ordinance. The village's rural mountain character means natural vegetation is common. General nuisance and fire hazard provisions apply to overgrown vegetation that creates safety risks.
Tijeras water service is regulated under Chapter 24 (Utilities) of the village code. Water conservation is important in the arid East Mountains. The village relies on groundwater. ABCWUA does not serve Tijeras; the village has its own water/sewer system.
Tijeras does not have a specific tree trimming ordinance. The village is in a forested East Mountains setting. Property owners are responsible for maintaining trees on their property. Fire safety vegetation management may be recommended or required in WUI areas.
Tijeras enforces weed abatement. NM Noxious Weed Law applies statewide. Fire prevention concerns drive enforcement in arid areas.
Tijeras does not have a specific tree removal permit requirement. The rural mountain setting includes pinon, juniper, and ponderosa pine. Building projects must submit site plans showing existing vegetation. Defensible space clearing for fire safety is encouraged.
Artificial turf is permitted in Albuquerque and Bernalillo County with no general ban. It counts toward the pervious/impervious calculation in new construction and must drain on-site per the ABCWUA Water Conservation Ordinance and ABQ Drainage Ordinance. HOAs generally cannot prohibit it for front yards under the Water Conservation Ordinance.
Rainwater harvesting is encouraged in Bernalillo County. New Mexico Office of the State Engineer permits residential collection without restriction. ABQ Water Utility offers rain barrel rebates up to $100. No plumbing permit required unless connecting to potable plumbing.
Albuquerque actively promotes native and xeric landscaping through the ABCWUA Xeriscape Rebate and the Water Conservation Ordinance §6-1-1-11 ROA, which caps high-water turf in new front yards. NM Prohibited Noxious Weed List (NMAC 21.17.2) requires removal of listed invasives.
Tijeras has a rural mountain character with minimum 1-acre lots in R-1 zones, providing ample space for RV storage on private property. Vehicles must not obstruct public rights-of-way. State traffic laws apply to road parking.
Driveway access in Tijeras is governed by the zoning ordinance. The rural mountain character means most properties have private access roads or driveways. Building and access require P&Z Commission approval per §26-67.
Tijeras zoning code restricts commercial activity in residential zones (R-1, R-2). Commercial Business Zones (CB-1, CB-2) accommodate commercial vehicles. Buildings in CB-2 must be 100 ft from residential property lines. Off-street loading requirements apply.
Tijeras Chapter 22 (Traffic and Vehicles) governs parking on village roads. NM state traffic laws (NMSA §66-7-351 to §66-7-353) apply. The village's rural character means most properties have private driveways; limited street infrastructure.
Albuquerque and Bernalillo County encourage EV charger installation. The 2021 NM Energy Conservation Code adopted statewide requires EV-ready parking in new multifamily and commercial construction, and ABQ permit fees for residential Level 2 chargers are expedited through the One Stop Shop.
Bernalillo County Code §30 and Albuquerque §8-5-2-6 define abandoned vehicles as those left on public right-of-way for 72+ hours or inoperable vehicles stored visibly on private property. NM Abandoned Vehicle Act NMSA §66-3-1001 et seq. governs title processing for towed vehicles.
Bernalillo County and Albuquerque generally permit overnight on-street parking in residential areas, but vehicles may not remain in the same spot on a public street for more than 72 continuous hours under Albuquerque Traffic Code §8-5-2-6 and NM Motor Vehicle Code §66-7-351.
Tijeras Ordinance No. 240 regulates fence and wall construction. Commercial properties require a solid 6-ft fence or barrier on property lines adjoining residential properties for visual screening. Fence materials must not pose health/safety hazards or disrupt rural character.
New Mexico has no shared fence cost statute. Tijeras does not require neighbor consent for fencing on your own property. NM is an open range state (NMSA §77-16-1). The village's rural mountain character means larger lots and more space between homes.
Tijeras requires fence permits per §26-67. Village provides fence permit applications at Village Hall or online. All construction requires Planning and Zoning Commission review. Contact (505) 281-1220 for requirements.
The 2018 NM Residential Code as amended (IRC Appendix G) requires all residential pools and spas deeper than 24 inches to have a 48-inch minimum barrier with self-closing, self-latching gates. Albuquerque inspects barriers at final pool permit inspection under ABQ Building Safety.
Bernalillo County Zoning Ordinance allows wood, adobe, stucco, coyote, wrought iron, chain-link, and masonry fences in residential zones. Barbed wire and razor wire are restricted in residential zones. Traditional adobe and coyote fencing remain common throughout the county.
Albuquerque and Bernalillo County follow the 2018 NM Residential Building Code: retaining walls over 4 feet measured from bottom of footing to top of wall require a building permit and stamped engineered plans. Any wall supporting a surcharge requires engineering regardless of height.
Tijeras Ordinance No. 240 includes allowable uses table (§26-942) that governs what activities are permitted in each zone. Home occupations in residential zones are subject to zoning review. All uses require compliance with the village's comprehensive zoning ordinance.
Home businesses in Tijeras must not alter the residential character of the neighborhood. The village's small size (~500 pop) and rural roads mean customer traffic is closely noticed. Conditional Use permits may be required for higher-impact activities.
Tijeras zoning ordinance includes sign regulations to preserve the rural mountain village character. Commercial signs are primarily allowed in CB-1 and CB-2 zones. Home business signs in residential zones are likely restricted or prohibited.
The NM Homemade Food Act NMSA §25-4-1 through §25-4-10 allows sale of non-potentially-hazardous homemade foods directly to consumers with no annual revenue cap. Bernalillo County and Albuquerque permit cottage food operations as home occupations without additional local licensing.
Home daycares in Bernalillo County and Albuquerque require licensing by the NM Early Childhood Education and Care Department (ECECD) under 8.16.2 NMAC. Family Child Care Homes serve up to 6 children; Group Homes up to 12. Both are permitted uses in residential zones.
Swimming pools in Tijeras require a village pool permit. NM Residential Code (IRC Ch. 42) barrier requirements apply — pools over 24 inches deep require a barrier. Standard 48-inch minimum barrier height per IBC/IRC. Bernalillo County building standards also apply.
Above-ground pools in Tijeras must comply with NM Residential Code if over 24 inches deep. Village pool permit required per village forms. Barrier height measured from exterior grade. Standard safety requirements apply.
Pool safety in Tijeras follows NM Residential Code and IBC standards. Gates must open outward, be self-closing and self-latching. Village P&Z Commission reviews pool applications. Bernalillo County building inspection services may apply.
Bernalillo County requires a building permit for in-ground pools, spas, and above-ground pools over 24 inches deep. Plan review covers setbacks, barriers, GFCI electrical, and Middle Rio Grande Conservancy District water considerations.
Hot tubs and spas in Bernalillo County and Albuquerque require a CID or ABQ electrical permit for the 240V circuit, GFCI protection per NEC Article 680, and an ASTM F1346 safety cover or barrier per IRC Appendix G. Setbacks follow the zoning district.
Tijeras is located in the Tijeras Canyon at the base of the Sandia Mountains with potential flash flood risk from arroyos. FEMA flood zone maps apply. Bernalillo County Public Works manages flood zone information. Development in flood-prone areas requires compliance with FEMA floodplain regulations.
Bernalillo County requires an NPDES Construction General Permit for sites disturbing 1 acre or more and a County-approved erosion and sediment control plan (ESCP). Silt fence, stabilized entrances, and track-out controls are mandatory in the high-desert environment.
Bernalillo County is landlocked with no coastline, but the Rio Grande Bosque is the regulated equivalent. The Bosque Action Plan, Middle Rio Grande Conservancy District jurisdiction, and FEMA floodway rules control any development within the river corridor.
Bernalillo County enforces the Albuquerque Metropolitan Arroyo Flood Control Authority (AMAFCA) Drainage Ordinance and the joint City/County DPM. New development must produce a drainage plan showing 100-year storm containment. MS4 NPDES permit governs discharge to the Rio Grande.
Bernalillo County requires a grading permit for excavation or fill exceeding 50 cubic yards or any cut/fill over 4 feet, per the DPM and 2018 IBC Appendix J adopted by County Code. Drainage must be retained on-site; discharge to neighbors is prohibited.
Bernalillo County does not regulate residential holiday decorations beyond general sign, electrical, and noise rules. Displays exempt from sign permits under IDO §5-12(G). High desert wind and NM Night Sky Act still apply to lighting.
Bernalillo County permits political signs on private property under IDO §5-12 with a 6 sq ft limit in residential zones and 32 sq ft in commercial. NM Sign Act and First Amendment (Reed v. Gilbert, 2015) prohibit content-based restrictions. Signs in right-of-way are prohibited.
Bernalillo County permits temporary garage sale signs on private property under IDO §5-12. Off-premise signs in public right-of-way are prohibited per NMSA §67-7-10. Signs limited to 4 sq ft, maximum 3 days before/after sale.
Bernalillo County and Albuquerque have no specific garage sale hour restrictions. Sales must comply with ROA §9-9 noise ordinance — no amplified sound, and noise-sensitive activity between 10 PM and 7 AM triggers violation. Daylight hours (typically 7 AM to dusk) are standard practice.
Bernalillo County and Albuquerque do not require a permit for residential garage or yard sales. Signage must comply with ROA §14-16-5-12 (IDO sign regulations) and right-of-way rules. Commercial resale activity is treated as retail and requires business licensing.
Bernalillo County and Albuquerque impose no explicit numeric frequency limit on residential garage sales. Operating as ongoing retail triggers home-business and zoning enforcement under IDO §14-16-4-3. Courts treat sustained weekly sales as unlicensed commerce.
Door-to-door solicitors in Albuquerque and unincorporated Bernalillo County need a peddler or solicitor permit with a background check. Religious and political canvassing are exempt under the First Amendment and NM case law.
Albuquerque and Bernalillo County honor posted No Soliciting signs as enforceable notices under the solicitor ordinance. Ignoring a posted sign or entering a fenced yard past a gate can be a citation or criminal trespass under NMSA §30-14-1.
Food trucks in Bernalillo County need a mobile food unit permit from the NM Environment Department Food Program plus a county or Albuquerque business registration. Annual vehicle inspection and commissary agreement are required.
Food trucks in Albuquerque operate in designated vending zones and approved private lots. Distance from restaurants, schools, and parks is regulated, and some districts like Downtown and Nob Hill have special zone rules.
Unincorporated Bernalillo County setbacks are governed by the County Zoning Ordinance (Chapter 74). Typical A-1/A-2 rural residential requires 30 ft front, 10 ft side, 25 ft rear. Albuquerque IDO (2018) governs setbacks within city limits.
Bernalillo County R-1 limits building coverage to 40% of lot area. Albuquerque IDO §14-16-2 caps R-1 at 40% and R-A at 30% to preserve the rural character of the North and South Valleys. Impervious surface limits also apply for stormwater management.
Bernalillo County residential zones cap structures at 26 to 30 ft under Chapter 74. Albuquerque IDO §14-16-2 sets R-1 at 26 ft, R-A at 26 ft with slope exceptions. Sunport airspace cones and Sandia Mountain viewshed add further restrictions.
Bernalillo County HOAs cannot effectively prohibit solar. The NM Solar Rights Act (NMSA §47-3-4 through -10) declares solar access a property right and voids any covenant that prevents installation. HOAs may impose only reasonable aesthetic review.
Bernalillo County requires electrical and building permits for solar PV installations through NM CID or the County Building Safety Division. Expedited SolarAPP+ permitting available. IBC fire setbacks (3 ft from ridge/eaves) apply.
ABQ ROA §14-16-6 (property maintenance provisions within the IDO) requires yards remain free of accumulated junk, debris, and outdoor storage. Garage sale items must be removed from public view after each day's sale. Repeat blight is actionable by Code Enforcement.
Albuquerque Solid Waste Management Ordinance §6-4 requires trash and recycling carts to be stored out of public view except 12 hours before and 12 hours after pickup. Bernalillo County unincorporated residents use private haulers or county contract service with similar screening rules in the County Code.
Bernalillo County Property Maintenance Ordinance prohibits blighted conditions on unincorporated parcels including peeling exterior paint, broken windows, structural deterioration, and accumulated junk. Written notice requires abatement within 15 to 30 days, with county abatement liens available under NMSA 1978 Section 4-37-1 home-rule authority.
Bernalillo County requires vacant lot owners to control weeds, tumbleweeds, and debris under its Weed and Litter Abatement Ordinance. Grass and weed growth over 8 inches triggers notice; the county may mow and bill under NMSA 1978 Section 3-18-5 lien authority. Albuquerque enforces parallel rules under ROA 1994 Section 9-8.
Bernalillo County (elevation 5,300 ft) receives modest snow averaging 9 to 12 inches per year, mostly transient. No formal snow-clearance deadline exists. ROA §6-5 requires sidewalks adjacent to property be kept clear of debris and hazards; snow and ice fall under general duty of care.
Bernalillo County prohibits light trespass under IDO §5-11(D). Maximum 0.1 foot-candle at a residential property line from any off-site light source. Enforcement is complaint-based via County Code Enforcement.
Bernalillo County enforces the New Mexico Night Sky Protection Act (NMSA §74-12-1 through -11), one of the nation's oldest dark-sky laws. All outdoor lighting over 150W incandescent equivalent must be fully shielded. IDO §5-11 adds local curfews and lumen caps.
Bernalillo County cannot enact rent control. NMSA §47-8A-1 (Rent Control Preemption, 1999) expressly prohibits any NM municipality or county from adopting rent control on private residential property. Market pricing applies throughout Albuquerque metro.
Bernalillo County follows the NM Uniform Owner-Resident Relations Act (NMSA §47-8). No just-cause requirement for non-renewal — 30 days' notice ends a month-to-month tenancy. Non-payment triggers a 3-day pay-or-quit; lease violations a 7-day notice.
Bernalillo County does not have a mandatory rental registration program for standard long-term rentals. Only short-term rentals and mobile home parks face registration. State law NMSA §3-18-32 permits but does not require local rental inspection programs.
Bernalillo County requires trash carts placed curbside with lids closed and 3 feet of clearance from obstructions. Carts must be removed within 24 hours after collection and stored out of view from the public right-of-way.
Bernalillo County Solid Waste Program provides weekly trash collection to unincorporated subscribers. City of Albuquerque residents receive twice-weekly service from the Solid Waste Management Department. Rural areas use convenience centers rather than curbside pickup.
Bernalillo County offers scheduled bulk item pickup and operates convenience centers for large items. Appliances must have refrigerant removed by a certified technician per EPA rules. Electronics and HHW go to the Advanced Resource Recovery Facility.
Bernalillo County and the City of Albuquerque operate curbside recycling for paper, cardboard, glass, metals, and plastics #1 and #2. Contaminated carts are tagged and skipped. Commercial recycling is required for large multi-family and commercial generators in Albuquerque.
Albuquerque designates 'Champion Trees' on public land but has no formal heritage tree program for private property. Historic cottonwoods in the Rio Grande Bosque and old-growth trees in Los Ranchos and Corrales receive informal recognition but limited legal protection.
Albuquerque requires replacement of street trees removed with permit, typically at 1:1 with a minimum 2-inch caliper xeric-adapted species from the approved list. Bernalillo County has no general private-property replacement requirement. Development projects trigger landscape code replacement.
Bernalillo County has no general private-property tree removal permit. Albuquerque ROA §6-6 protects street trees and park trees. Cottonwoods in the Rio Grande Bosque and on Open Space are protected. Private yard tree removal is generally unregulated.
New Mexico Cannabis Regulation Act (2021) allows adults 21+ to grow up to 6 mature and 6 immature plants per person (12 total mature per household with 2+ adults). Plants must be in locked, enclosed space not visible from public. Bernalillo County adds no stricter local cap.
Albuquerque IDO (amended 2021) allows licensed cannabis retail in most commercial and mixed-use zones with a 300 ft buffer from K-12 schools and daycare (NMSA §26-2C-14). Bernalillo County allows retail in C-1 and C-2 with similar buffers. Local licensing on top of state Cannabis Control Division approval.
Recreational drones in Bernalillo County follow FAA rules with strict airspace restrictions around Albuquerque International Sunport, Kirtland AFB, and Petroglyph National Monument. Most of the Albuquerque metro sits in controlled airspace requiring LAANC authorization.
Commercial drone operators in Bernalillo County need an FAA Part 107 certificate plus LAANC authorization for flights in Sunport and Kirtland AFB Class C airspace covering most of the Albuquerque metro. Waivers required for night, over-people, or BVLOS operations.
City of Albuquerque enforces a juvenile curfew for minors under 18 under ROA 1994 §12-2-22. School-night curfew is 11 PM to 5 AM and weekend curfew is midnight to 5 AM. Bernalillo County unincorporated areas rely on NM Children's Code.
Bernalillo County Open Space and park areas close from sunset to sunrise unless signage or permit allows otherwise. City of Albuquerque parks close 10 PM to 6 AM under ROA 1994 §10-1-1-4. After-hours presence is a petty misdemeanor.
New Mexico sets a statewide minimum wage but does not preempt local minimum wage ordinances, allowing cities and counties to set higher local minimums than state law.
New Mexico has enacted statewide paid sick leave through the Healthy Workplaces Act and does not preempt cities from adopting additional leave protections beyond state requirements.
New Mexico has no statewide predictive scheduling law and does not preempt local scheduling ordinances, leaving authority to municipalities to enact fair workweek protections.
New Mexico requires a state-issued concealed handgun license to carry a concealed firearm, with training, background checks, and age requirements administered by the Department of Public Safety.
New Mexico law preempts local firearms regulation but allows certain restrictions, particularly for concealed carry on municipal property and at public events under specific local conditions.
Open carry of firearms is generally legal in New Mexico without a permit for adults, though state law and the constitution restrict carry in specific locations and on certain public premises.
New Mexico permits adults to carry a loaded firearm in a private vehicle without a permit, treating the vehicle as an extension of the home, though concealed carry on the person still requires a license.
New Mexico does not mandate use of the federal E-Verify employment eligibility system for private employers and imposes no statewide statutory verification requirements beyond federal Form I-9.
New Mexico has no statewide statute making it a sanctuary state, though a 2019 executive directive limits state law enforcement cooperation with federal immigration authorities for civil enforcement purposes.
New Mexico permits local agricultural zoning while limiting how local ordinances may restrict established farm operations protected under the state Right to Farm Act.
New Mexico's Right to Farm Act protects established agricultural operations from nuisance lawsuits when surrounding land uses change, provided operations follow generally accepted practices.
New Mexico has no statewide preemption on plastic bag regulation, allowing municipalities and counties to ban or charge fees for single-use plastic carryout bags as they choose.
New Mexico has no statewide ban or preemption on expanded polystyrene foam containers, leaving cities and counties free to regulate or prohibit foam food service items.
New Mexico does not regulate plastic straws at the state level and does not preempt local authority, allowing cities to enact straws-on-request or outright ban ordinances.
New Mexico prohibits the sale of tobacco products, electronic cigarettes, and nicotine products to anyone under 21, aligning with federal Tobacco 21 requirements and adding state penalties.
New Mexico has not enacted a statewide ban on flavored tobacco or flavored vape products, leaving local governments authority to impose their own restrictions on flavored products.
New Mexico requires retailers selling electronic cigarettes and vape products to obtain tobacco licenses, comply with age-21 sales restrictions, and follow packaging and youth-access prevention rules.