Open Burning (New Mexico)

From Open Energy Information

Last modified on February 12, 2015.

EZFeed Policy

Place New Mexico

Applies to States or Provinces New Mexico
Name Open Burning (New Mexico)
Policy Category Other Policy
Policy Type Environmental Regulations
Affected Technologies Biomass/Biogas, Coal with CCS, Natural Gas
Active Policy Yes
Implementing Sector State/Province

Start Date 2003

Program Administrator New Mexico Environment Department
Primary Website

Last Review 2014-09-15

Information Source


The New Mexico Environment Department's Air Quality Bureau regulates the open burning rules established by the Environmental Improvement Board. These rules are established to protect public health and welfare by establishing controls on pollution produced by 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 rule does not apply to open burning for the purpose of waste disposal. Open burning of natural gas is allowed at gasoline plant and compressor stations and when used or produced in drilling, completion and work over operations on oil and gas wells, when necessary to avoid serious hazard to safety. Open burning of hazardous waste2 is allowed only when conducted in compliance with interim status regulations, or a permit issued, pursuant to the New Mexico Hazardous Waste Act and any other permits issued by the department.

The regulation applies statewide, except in Bernalillo County and on Tribal and Pueblo Lands (where NMED does not have authority over air quality).

Policy Contact

Contact Name Allan Morris
Department New Mexico Environment Department
Division Air Quality Bureau
Address 1301 Siler Road
Address 2 Building B
Place Santa Fe, New Mexico
Zip/Postal Code 87507
Phone 505-476-4364


Authorities (Please contact the if there are any file problems.)

Authority 1: Environmental Improvement Act, NMSA 1978, Sections 74-1-1 to -15, including specifically Subsections 74-1-8(A) (4) and (7)
Date Effective 1978
Date Enacted 1978

Authority 2: Air Quality Control Act, NMSA 1978, Sections 74-2-1 to -22, including specifically Subsections 74-2-5(A), (B) and (C).
Date Effective 1978
Date Enacted 1978