Fence laws in New Mexico
What New Mexico statutes and statewide codes say about fences, one topic at a time, with the section number and a link to the document behind every line.
New Mexico fence laws at a glance
| Topic | What the record says | Figure | Citation |
|---|---|---|---|
| Fences on the property line | Not researched yet | no figure | none |
| Fence height | Silent | no figure | 14.7.3 NMAC |
| Permits | Stated | no figure | 14.5.2.9 NMAC |
| Pool barriers | Stated | 48 in | 14.7.3 NMAC |
| Spite fences | Not researched yet | no figure | none |
| How height is measured | Not researched yet | no figure | none |
| Corner visibility | Not researched yet | no figure | none |
| Retaining walls | Not researched yet | no figure | none |
| Materials | Not researched yet | no figure | none |
| Agricultural fencing | Stated | no figure | NMSA 1978 Section 77-16-1, as quoted by the agency |
Fence laws in New Mexico, question by question
Who owns the fence between two properties in New Mexico?
Not researched yet for New Mexico. Nothing on this page states what the rule is, because nothing has been read that says.
How tall can a fence be in New Mexico?
SilentThe documents were read and none of them cover it. The list of what was read is printed with the finding.
New Mexico sets no statewide limit on residential fence height. The state residential building code and the statewide permit rule are the two documents that apply to every house in New Mexico, and neither one caps how tall a fence can be. Height is set by municipal or county ordinance.
Documents read before writing that:
- 14.7.3 NMACNew Mexico State Records Center and Archives
- 14.5.2 NMACNew Mexico State Records Center and Archives
Do I need a permit for a fence in New Mexico?
StatedThe code gives a plain answer, and the line it appears on is quoted.
New Mexico runs one statewide permit rule through the Construction Industries Division. That rule opens with a list of work that needs no permit. The commercial list names sheds under 120 square feet, small retaining walls, low sidewalks and a few other items. No fence appears anywhere on it.
Permits shall not be required for the following:
Also on permits in New Mexico
- StatedFor a house, the New Mexico permit rule points to section R105 of the International Residential Code and then edits the list item by item. Item 2 of the model list is deleted, so that exemption has no force in New Mexico. Items 4, 7, 8, 9 and 10 are kept, and items 5 and 6 are deleted as well. 14.5.2.9 NMACNew Mexico · Building code
Pool fence requirements in New Mexico
StatedThe code gives a plain answer, and the line it appears on is quoted.
New Mexico puts a pool barrier rule in its statewide residential building code. An outdoor pool, hot tub or spa needs a barrier all the way around it. The top of that barrier sits at least 48 inches above the ground, measured from the outside face.
The top of the barrier shall be at least 48 inches (1219 mm) above grade measured on the side of the barrier which faces away from the swimming pool.
48 inminimum height of a residential pool barrier
Also on pool barriers in New Mexico
- StatedThe same New Mexico code section limits the gaps in a pool barrier. No opening can let a four inch ball through. Other parts of the section cap the ground gap under the barrier at two inches and set mesh limits for chain link. 14.7.3 NMACNew Mexico · Building code
Spite fence laws in New Mexico
Not researched yet for New Mexico. Nothing on this page states what the rule is, because nothing has been read that says.
How fence height is measured in New Mexico
Not researched yet for New Mexico. Nothing on this page states what the rule is, because nothing has been read that says.
Fence rules for corner lots in New Mexico
Not researched yet for New Mexico. Nothing on this page states what the rule is, because nothing has been read that says.
Retaining wall rules in New Mexico
Not researched yet for New Mexico. Nothing on this page states what the rule is, because nothing has been read that says.
Fence materials allowed in New Mexico
Not researched yet for New Mexico. Nothing on this page states what the rule is, because nothing has been read that says.
Livestock and boundary fence law in New Mexico
StatedThe code gives a plain answer, and the line it appears on is quoted.
New Mexico is a fence out state, and the state livestock agency says so directly. The burden sits on the landowner who wants stock kept off. A grower whose crops or land would be harmed by roaming animals builds a fence that meets the state definition of a legal fence.
Every gardener, farmer, planter or other person having lands or crops that would be injured by trespassing animals, shall make a sufficient fence about his land in cultivation, or other lands that may be so injured, the same to correspond with the requirements of the laws of this state prescribing and defining a legal fence.
NMSA 1978 Section 77-16-1, as quoted by the agency
Also on agricultural fencing in New Mexico
- StatedThe same state agency page states the flip side of the fence out rule. In places where livestock may lawfully roam, keeping them off a piece of land is the job of the person who owns that land. Fencing stock in is not required of the stock owner there. Owners duty to enclose property, as quoted by the agencyNew Mexico · Agency guidance
Documents behind this page
3 documents, each read on the date shown. Nothing on this page rests on a summary of one.
- New Mexico State Records Center and ArchivesNew Mexico Administrative Code, 2021 New Mexico Residential Building Code
- New Mexico State Records Center and ArchivesNew Mexico Administrative Code, Permits
- New Mexico Livestock BoardNew Mexico Livestock Board, Frequently Asked Questions, Is New Mexico a fence out state
What this page does not cover
Everything above is state law. Fence height, setback, corner visibility and materials are set by city and county ordinance in almost every state, and a local rule can be far stricter than the statewide default. A parcel can also carry an easement, an overlay district, a fire hazard zone or a recorded HOA restriction, none of which appear in a statute.
This is general information drawn from published government documents. It is not legal advice, statutes are amended, and the date beside each finding is the date the document was read. How findings are made · What the terms mean