,
Much attention has been given to what Village regulations say about growing marijuana in residential neighborhoods, but do you know what else is banned? Landscaping regulations developed many years ago also are found in Chapter 18 of the Corrales Code of Ordinances which has been the subject of intense debate over commercial cultivation here in recent years. Section 18-33 specifies what can and cannot be planted in those areas of Corrales zoned A-1 and A-2 (lots where only one home can be built on a one-acre parcel, or one home on two acres respectively). Proposed changes to Chapter 18 —to address concerns over growing marijuana— will not likely modify Village rules for landscaping in those areas.
Even so, the current laws may not dictate what you think. For example, you can be jailed up to three months or fined up to $500 for planting an elm, Russian olive or salt cedar tree. That’s not likely, of course, but that is the law. Below are verbatim paragraphs from the Code of Ordinances Section 18-33 for landscaping as approved at March 8, 2022 council meeting.
Section 18-40. Landscaping requirements. shall be amended as follows:
(a) Intent. All landscaping required by this article shall be of a type and located in a manner, which mitigates the impact of nonresidential development upon the existing residential and agricultural character of the Village.
(b) Landscaping requirements for residential development.
(1) No planting of Siberian/Chinese Elm, Russian olive, Tamarisk, or other plant species listed on the New Mexico Noxious Weed List is permitted.
(2) Xeriscaping of newly constructed dwelling units:
- Landscaped areas of newly constructed dwelling units shall be xeriscaped.
Not more than twenty percent (20%) of the landscaped area of newly constructed dwelling units shall be dedicated to cold-weather grasses such as blue grass and fescue, unless such grasses are raised for and dedicated to the purpose of consumption by animals.
- For any newly constructed dwelling unit on a lot with a total area less than two and one half acres, the requirements of Paragraph 18-40(b)(2)(a) shall apply to the entire landscaped area of the lot. For any new home constructed on a lot with a total area greater than two and one half acres, the requirements of Paragraph 18-40(b)(2)(a) shall apply to the area immediately surrounding the home, including any area disturbed during the construction thereof, but the area on which xeriscaping is required shall not in any event exceed two and one half acres.
- The xeriscaping requirements set forth in this Subsection 18-40(b)(2) do not apply to areas that have been used historically for the cultivation of crops, and that continue to be so used despite the construction of a home on a portion of the lot or lots containing such cultivated areas, nor do they apply to those undisturbed areas of any lot or parcel of land which retain their natural vegetation.
- The xeriscaping requirements set forth in this Subsection 18-40(b)(2) shall apply to any landscaping of a newly constructed dwelling unit, but shall not be construed to require such landscaping unless otherwise mandated by Village ordinance or other law.
- Landscaping found to be in violation of the xeriscaping requirements of this Subsection 18-40(b)(2) shall be modified by the property owner within six (6) months so as to conform to the xeriscaping requirements. Each failure of the property owner, after notice by the Village, to modify the landscaping within six (6) months thereafter so as to conform to the xeriscaping requirements, shall be deemed a separate violation of this section.