City Rules on Yards, Weeds and Trash That Bear on Rodents
Short answer: Albuquerque has an Insect and Rodent Control Ordinance that bans rodent harborage, a weed and litter ordinance that makes owners cut weeds over 4 inches and clear litter, and solid waste rules that require closed lids and clean containers. Each one targets either the cover rodents hide in or the food that keeps them around.
This guide covers the city rules inside Albuquerque's limits. Unincorporated Bernalillo County and towns like Edgewood, Moriarty and Belen have their own codes, so check with them if you live there.
The Insect and Rodent Control Ordinance
Chapter 9, Article 7 of the city code is the Albuquerque Insect and Rodent Control Ordinance. Its definitions show what the city has in mind. Harborage is any condition that gives insects or rodents shelter or protection, in, under or outside a structure. Infestation means rodents present in such kind or numbers as to create a potential health hazard or nuisance. Garbage is food waste. Refuse is everything else, including yard trimmings and cans. Rodent proofing is construction that keeps rodents out using approved methods.
The ordinance defines extermination broadly: eliminating harborage, removing food or making it inaccessible, and using approved control methods. Trapping is only part of it.
- 9-7-3: the city may inspect buildings, premises and vacant lots to investigate infestations, with a court order if entry is refused
- 9-7-4: enforcement, serving of notices and orders
- 9-7-6: extermination measures required, and harborage not permitted
- 9-7-99: penalty
Who's responsible
The ordinance separates owner and occupant. The owner is the actual owner of the building or lot, and a lessee who handles maintenance under the lease can be treated as the owner. The occupant is whoever uses the building. For vacant property, the owner, lessee, agent or custodian takes on the occupant's role. That matters for the empty house down the street: someone is on the hook for it even if nobody lives there.
Weeds: the 4-inch rule
The Weed, Litter and Snow Removal Ordinance (Chapter 9, Article 8) makes it unlawful for the owner of an occupied or vacant lot to let weeds grow or pile up. The city's code enforcement page spells out the limit: weeds more than 4 inches in height or width have to be removed from the front, side and back yards, from the property line to the curb (or 10 feet past the line where there's no curb) and from the property line to the middle of the alley.
Approved methods are mowing, cutting, digging or pulling, or other methods that don't disturb other plants or raise dust. If you spray, the city says to wait 3 to 4 days before cutting.
Weedy alleys and side yards are exactly where deer mice and pack rats hide close to houses. Keeping the alley half clear is part of the law, and it helps.
How enforcement works
The city lays out the steps for weed and litter cases:
- Report through 311, by phone or online through ABQ311
- An occupied property out of compliance gets a notice of violation and time to comply
- If it's still out of compliance, the owner may get a pre-criminal summons and more time
- After a second failed re-inspection, the city can file a criminal complaint in Metropolitan Court
- For a vacant lot, the city can hire a contractor to cut the weeds and put a lien on the property
- Most cases resolve in one to four weeks; court cases can take months
Litter and vacant lots
Article 8 also has sections on keeping premises free of litter, litter on vacant lots and placing litter in receptacles so it doesn't scatter. The city's Clean City program, run by the Solid Waste Management Department, cleans private properties that code enforcement has flagged for violating the weed and litter ordinance, along with public curbs and medians.
Trash carts and dumpsters
The city's solid waste rules require residents to keep refuse secured and the cart lid closed so contents aren't scattered, blown or spilled. Automated carts belong to the city, are assigned to an address and have to be kept clean by the user.
For businesses and apartment complexes, commercial containers have to be kept clean, neat and sanitary by the property owner, and garbage containers need tight-fitting covers and must be watertight. Noncompliant containers must be replaced within 30 days of notice. An open dumpster lid is a feeding station for mice and, near restaurants, the occasional Norway rat. Commercial rodent control covers the building side.
Habits the rules don't cover
Some of the biggest rodent draws aren't in the city code. The New Mexico Department of Health's plague advice is to clear brush, woodpiles, junk piles and abandoned vehicles where rodents live, and to keep hay, wood and compost piles far from the house. The state rodent guide adds firewood on racks 18 inches off the ground, plants trimmed back 3 to 4 feet from buildings and a weed-free strip about 3 feet wide along the foundation. Bird feeders and compost bins are worth a look too: see rats and mice in compost.
Reporting a neighbor's property
If a neighbor's yard or a vacant lot is giving rodents cover, report weeds and litter through 311 or ABQ311. Describe the location, what you see and how long it's been that way. For an active infestation that's spreading, mention it; the rodent ordinance allows the city to inspect premises. Meanwhile, protect your own side: seal your house and garage, keep your yard clear and keep firewood racked. See rodent exclusion.
A seasonal yard routine
Staying within the rules and keeping rodents down overlap:
- Spring: cut weeds before they pass 4 inches and clear winter debris from alleys
- Summer: keep weeds down through the monsoon; clean up storm debris
- Late summer: rack firewood and seal the house before fall
- Fall: pick up fallen fruit and clear spent gardens
- All year: cart lids closed, dumpster lids closed, compost in a closed bin
Alleys and shared spaces
The alley behind a row of houses is often where weeds, trash and stored junk pile up, and where rodents travel. Under the city's weed rule, each owner is responsible from the property line to the middle of the adjacent alley, so neighbors on both sides share it. A cleanup day with the people next door is often the fastest fix.
Also asked
How tall can weeds get before it's a violation?
The city's limit is 4 inches in height or width, in the yard, out to the curb and to the middle of the alley.
Can the city clean up a vacant lot full of weeds?
Yes. If the owner doesn't comply after notice, the city can hire a contractor to cut the weeds and place a lien on the property.
Does the city fine people for rodents?
The Insect and Rodent Control Ordinance has a penalty section. The city's public pages don't list a schedule for homes, so ask 311 about a specific case.
Do these rules apply in the South Valley?
No. The South Valley is unincorporated county. Check with Bernalillo County for its rules.
Is it legal to keep a compost pile?
The city code sections covered here don't ban backyard compost. Keep it in a closed bin, away from the house, with no meat or dairy.
Related
Sources
- Albuquerque Code of Ordinances, Chapter 9, Article 7: Insect and Rodent Control
- Albuquerque Code of Ordinances, Chapter 9, Article 8: Weeds, Litter and Snow
- City of Albuquerque Planning: Nuisance Weed Removal
- City of Albuquerque Solid Waste: Weed and Litter Removal
- Albuquerque Code of Ordinances: Solid waste containers and collection
- New Mexico Department of Health: Plague case in Bernalillo County (Sept. 2025)
- New Mexico Department of Health: Domestic Rats and Mice