No. Burning trash in New Mexico is generally prohibited under state and federal air quality regulations, with limited exceptions for agricultural or ceremonial purposes. The New Mexico Environment Department (NMED) enforces strict controls, and local ordinances may impose additional bans. Violations can result in fines or criminal penalties under the New Mexico Air Quality Control Act and Clean Air Act.
Key Regulations for Burning Trash in New Mexico
- Statewide Ban: NMED prohibits open burning of municipal solid waste (40 CFR 60.10) unless explicitly exempt under 20.2.72 NMAC. Residential trash burning is illegal statewide.
- Agricultural/Ceremonial Exemptions: Limited burning of agricultural waste (e.g., crop residues) or ceremonial fires (e.g., Native American traditions) requires prior NMED approval under 20.2.72.11 NMAC.
- Local Ordinances: Counties like Bernalillo and Santa Fe impose stricter rules; Santa Fe County bans all open burning except for approved agricultural burns, per 2024 amendments.
Local air quality boards, such as the Albuquerque-Bernalillo County Air Quality Control Board, enforce additional restrictions. The 2026 NMED Air Quality Control Plan updates emphasize stricter enforcement of particulate matter (PM2.5) standards, increasing penalties for illegal burns. Always verify with NMED’s Burning Permit Portal before any burning activity.