Few summertime rituals feel as satisfying as firing up the lawn mower and giving your yard a fresh trim. Yet that simple chore can become a legal headache if clippings wind up scattered across the street. In New Mexico, blowing or sweeping grass onto public roadways may seem minor, but state and local rules treat it as a genuine safety hazard—and sometimes a ticketable offense. This in-depth guide unpacks the statutes, liability issues, and best practices every property owner should know before rolling the mower to the curb.
Why Grass Clippings on the Road Matter
This Article Includes
- 1 Why Grass Clippings on the Road Matter
- 2 Statewide Statutes That Apply
- 3 How Counties and Cities Tighten the Rules
- 4 Enforcement in Practice
- 5 Liability If an Accident Occurs
- 6 Best Practices for New Mexico Homeowners
- 7 Alternative Disposal Options
- 8 What to Do If You Receive a Citation
- 9 Legislative Trends to Watch
- 10 Conclusion
Accident investigators consistently rank fresh grass on pavement among the most overlooked road hazards. Clippings form a thin, slick layer that can cause motorcycle and bicycle tires to lose traction almost instantly. In 2024, the New Mexico Department of Transportation (NMDOT) recorded 46 motorcycle crashes statewide in which debris—including lawn waste—was a contributing factor. Even motorists in passenger vehicles face reduced braking efficiency when tires meet a film of wet clippings.
Beyond safety, storm-water management becomes an issue. Grass washed into gutters travels to storm drains, where it breaks down into nutrient-rich runoff. Excess nitrogen and phosphorus fuel algal blooms in waterways like the Rio Grande near Albuquerque and the Pecos River south of Santa Rosa. The New Mexico Environment Department notes that algal overgrowth cost municipalities more than $1.3 million in 2023 for additional water-treatment chemicals.
Statewide Statutes That Apply
New Mexico has no single, lawn-clippings-specific statute. Instead, two broader laws cover materials blown into traffic lanes.
1. Litter Control Act (NMSA §30-8-4)
Under the Litter Control Act, “litter” includes any rubbish or refuse deposited in a public place. Violations can lead to misdemeanor fines of up to $300 and 30 days in jail for a first offense. While enforcement traditionally targets trash, several county sheriffs have clarified that deliberate discharge of grass onto a public road fits the definition because it constitutes discarded organic waste.
2. Obstruction of Public Ways (NMSA §30-15-1)
This statute makes it unlawful to “place any substance” in a public road that might impede vehicle movement or endanger users. Intent need not be malicious; negligence suffices. Convictions carry misdemeanor penalties similar to those under the Litter Control Act, plus civil liability if a crash results.
How Counties and Cities Tighten the Rules
Local ordinances often sharpen state provisions. Below are examples from high-population counties and cities across New Mexico.
| Jurisdiction | Ordinance Highlights | Common Penalties |
|---|---|---|
| Bernalillo County (includes Albuquerque) | Chapter 66, Traffic Code, bans depositing “any earth, sand, gravel, or vegetation” on streets. | $100 fine; cleanup fee if county crews remove debris. |
| City of Las Cruces | Municipal Code §27-11 deems grass clippings “public nuisance debris” when left on roadways. | $60 citation; escalating to misdemeanor after 72 hours if not removed. |
| Santa Fe County | Ordinance 2009-5 prohibits placing material that may obstruct drainage in right-of-way. | Fines up to $300 and cost recovery for unclogging culverts. |
| Doña Ana County (unincorporated) | Adopted Litter Control Act word-for-word; sheriff’s deputies issue county citations for clippings. | Same as state: up to $300. |
| City of Rio Rancho | Code §98.16 classifies grass in streets as litter, subject to on-the-spot fines. | $150 for first offense; $300 for repeat within 12 months. |
Enforcement in Practice
Most citations stem from neighbor complaints. Code-enforcement officers or sheriff’s deputies photograph the roadway, track the debris back to the adjacent property, and issue a notice of violation. Cleanup orders typically allow 24 hours before a fine applies. However, if an officer witnesses the act—perhaps during a weekend patrol—the property owner can be cited immediately.
In Roswell, code officials issued 176 notices for lawn-debris violations during the 2024 growing season. About 40 percent escalated to fines when homeowners failed to clear clippings within the grace period. In Farmington, police reported a single motorcycle crash in July 2025 directly linked to grass left on East Main Street; the homeowner faced both a $300 citation and a $4,800 civil claim for medical bills.
Liability If an Accident Occurs
When grass clippings play a role in a collision, several legal theories can expose the property owner:
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Negligence: Failing to exercise reasonable care by leaving clippings in the roadway.
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Nuisance: Creating a dangerous condition affecting public rights.
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Statutory Violation: Breaching the Litter Control Act or local ordinances constitutes negligence per se, making it easier for injured parties to collect damages.
Homeowner insurance often covers these claims, but repeated incidents can spike premiums or trigger policy cancellation.
Best Practices for New Mexico Homeowners
Avoiding fines and liability is straightforward with a few proactive habits:
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Use a grass catcher when mowing near the street. Bag clippings for compost or green-waste pickup.
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Blow clippings back onto your lawn if you mulch or side-discharge while mowing.
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Sweep or leaf-blow the curb and gutter immediately after mowing; waiting allows wind or traffic to spread debris.
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Plan mowing sessions when weather is dry. Wet clippings cling to asphalt and become harder to remove.
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Talk to landscapers in writing. Include a clause in service agreements requiring cleanup and indemnifying you for any citations.
Alternative Disposal Options
New Mexico’s arid climate makes composting an efficient disposal method. Clippings break down rapidly under high summer temperatures, adding nitrogen to garden soil. Municipal green-waste programs in Albuquerque, Las Cruces, and Santa Fe accept bagged clippings for conversion into mulch, often returning finished compost to residents free of charge during spring distribution events.
What to Do If You Receive a Citation
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Photograph your property and the roadway to document cleanup efforts.
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Comply within the grace period by sweeping the street; obtain written acknowledgment from the enforcing agency if possible.
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Contest unjust citations by requesting a hearing. Evidence that clippings originated elsewhere—say, from a neighbor’s lawn service—can overturn a ticket.
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Keep receipts for any professional cleanup; courts often reduce fines when owners show good-faith action.
Legislative Trends to Watch
Some lawmakers advocate amending the Litter Control Act to explicitly list lawn debris. A 2025 draft bill in the New Mexico House proposed doubling fines for violations involving grass in traffic lanes in urban areas exceeding 100,000 residents. Though it stalled in committee, rising motorcycle advocacy may push similar measures forward in the next legislative session.
Conclusion
While New Mexico lacks a single statute shouting “no grass on the road,” the combined force of state law, county ordinances, and civil liability makes blowing clippings into the street a costly gamble. Simple preventive steps—catching or sweeping clippings—protect riders, waterways, and your wallet. Before your next mow, take a moment to aim those grass blades away from the asphalt and keep New Mexico’s roads safer for everyone.
