Tree waste rules in New Mexico: open burning of vegetative material, daily limits and smoke management

This page reports what the official source says. It is not legal advice: ask the office named here. It follows the New Mexico Administrative Code parts 20.2.60 (open burning) and 20.2.65 (smoke management), both effective December 31, 2003, and the Albuquerque and Bernalillo County part 20.11.21 (open burning), last amended July 11, 2011, as posted by the New Mexico State Records Center and Archives.

What counts as vegetative material

According to 20.2.60 NMAC, vegetative material means grass, clippings, leaves, needles, bushes, shrubs and trees from maintenance of yards or other private or public lands. It also covers wood waste, clean lumber and wood products, including tree stumps and limbs whole or chipped, bark, sawdust, chips and scraps, that have not been painted, pigment-stained, or treated with compounds containing chromium, copper, arsenic, pentachlorophenol or creosote. The part says it does not override stricter state, local or wildfire-prevention restrictions. It also says open burning not expressly allowed or prohibited needs a construction permit under 20.2.72 NMAC.

Conditions for burning vegetative material

Section 20.2.60.111 applies to burning vegetative material for disposal when non-piled burning stays within ten acres per day, or piled material, including material in a pit or open container, stays within 1,000 cubic feet of pile volume per day. Areas or piles within 300 feet of each other count as one burn. Burning above those limits falls under the smoke management part.

Open burning of vegetative material is prohibited in nonattainment areas.
Burning is at least 300 feet from any occupied dwelling, workplace or gathering place on another person's property.
Burning starts no earlier than one hour after sunrise and is out no later than one hour before sunset.
The fire is attended at all times, and the local fire department or dispatch authority is notified before burning.
For burns above one acre or 100 cubic feet of pile volume per day, the burner gives prior notice to all households within one quarter mile.
No burning during an air pollution episode, no oil heavier than number two diesel to ignite, material as dry as practicable, and alternatives to burning considered before lighting.

Smoke management and the household waste limit

In the smoke rule, 20.2.65 NMAC, only vegetative material may be burned, apart from ignition fuel and polyethylene sheeting that has covered a pile for at least a month. Small burn projects, under one ton of PM-10 per day or 5,000 cubic feet of pile volume per day, follow the dispersion rules. Projects at or above those sizes are a separate category in the same part. Separately, 20.2.60.110 prohibits open burning of household waste other than vegetative material from June 1, 2004.

Bernalillo County

As the text of 20.11.21 NMAC reads, open burning on private or public property, including vegetative materials, is prohibited in Bernalillo County unless Section 13, 14 or 15 authorizes it. The section also requires anyone planning open burning to obtain the permits and follow the restrictions of the Bernalillo County and Albuquerque fire departments. Allowed burning is suspended during declared no burn periods in the winter pollution advisory season and when an air pollution health alert is issued. Timber and forest management burns from one quarter acre through 10 acres, or up to 1,000 cubic feet of pile volume per day, appear in its permit table.

For other places see the table on tree waste and chip rules. A neighbouring state is on the Texas page.