Open Legal Burning

Open Legal Burning

UNRESTRICTED OPEN BURNING

Open burning is allowed for recreational and ceremonial purposes, for barbecuing, for heating purposes in fireplaces, for the noncommercial cooking of food for human consumption and for warming by small wood fires at construction sites. This subsection does not apply to open burning for the purpose of waste disposal.

OPEN BURNING OF VEGETATIVE MATERIAL

"Vegetative material" means plant material, including: Grass, grass clippings, leaves, conifer needles, bushes, shrubs, trees, and clippings from bushes, shrubs and trees, resulting from maintenance of yards or other private or public lands; and wood waste, clean lumber, wood and wood products, including tree stumps (whole or chipped), trees, tree limbs (whole or chipped), bark, sawdust, chips, scraps, slabs, millings, and shavings, which have not been painted, pigment-stained, or treated with compounds containing chromium, copper, arsenic, pentachlorophenol, or creosote.

Rules to follow during commencement of open burns:

  1. Prior to commencement of open burning, Mesilla Valley Regional Dispatch Authority (Central Dispatch) shall be notified. (575) 526-0795
  2. Open burning of non piled vegetative material for purposes of disposal of such material, shall 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.
  3. Burning shall be conducted at least three hundred feet from any occupied dwelling, workplace, or place where people congregate, which is on property owned by, or under possessory control of, another person.
  4. Burning shall begin no earlier than one hour after sunrise, and shall be extinguished no later than one hour before sunset.
  5. Burning shall be attended at all times.

Burning of the following materials is prohibited:

  1. Natural or synthetic rubber products, including tires;
  2. Waste oil or used oil filters;
  3. Insulated wire;
  4. Plastic, including polyvinyl chloride ("PVC") pipe, tubing, and connectors;
  5. Tar, asphalt, asphalt shingles, or tar paper;
  6. Railroad ties;
  7. Wood, wood waste, or lumber which has been painted or which has been treated with preservatives containing arsenic, chromium, pentachlorophenol, or creosote;
  8. Batteries
  9. Motor vehicle bodies or interiors;
  10. Pathogenic wastes;
  11. Asbestos or asbestos containing materials;

Penalties

First time violators who demonstrate cooperation in compliance may be fined up to one hundred dollars ($100) per violation. First time violators who fail to demonstrate cooperation in compliance may be fined up to two hundred dollars ($200) per violation. Multiple time violators who demonstrate cooperation in compliance may be fined up to five hundred dollars ($500) per violation. Multiple time violators who fail to demonstrate cooperation in compliance may be fined up to one thousand dollars ($1,000) per violation. Provided, however, that penalties assessed in a field citation shall not exceed one thousand dollars ($1,000) per day per violation or a maximum of fifteen thousand dollars ($15,000) as set forth by [20.2.90.111 NMAC - N, 12/12/08]

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Doña Ana County Fire and Emergency Services will no longer be issuing burn permits. Please obey these laws while burning.

Please be safe when burning