Q: Is it illegal to ignite homemade pyrotechnics in a (beyond) backyard desert area in NM? This is within city (Las Cruces) limits and not near (100 yards) any buildings. The firework, when ignited, would burn vigorously and produce a moderate amount of smoke, not detonating, popping, or exploding in any way. For a better sense of what the substance is, take a look at this YouTube video: Pyrotechnic Pie - Mega Dangerous Thanksgiving Dessert!
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Deserts can be high-risk places for wildfire - there may not be a lot of vegetation, but what is there is very dry and flammable. Even if it is legal to set off your firework here (which we have not yet established), if it starts a fire which burns out of control, you could face civil liability for the damages, which could easily be in the millions of dollars. Thus I'd say, whether or not it is illegal, it is certainly a bad idea.– Nate EldredgeMar 30, 2017 at 15:31
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1 Answer
Homemade pyrotechnics and commercial fireworks (as well as open refuse burning, campfires, bonfires, etc.) will fall under fire safety codes and are very local in nature, so check with those particular city and county governments in NM for their fire codes. Such statutes are written and passed into law by city governments with input from citizens, local fire departments and county, state (and possibly federal) land managers. The informational websites for the city/county may have all the information you need. 3/30/17 Edit: http://www.las-cruces.org/~/media/lcpublicwebdev2/site%20documents/article%20documents/pio/4th%20of%20july/fireworks%20sales%20and%20safety.ashx?la=en
"...within city limits" is the key here. There may be limits on what you can do within city limits, even if the site is desert and nothing flammable is around, even if the land is private, such as a backyard.
Outside city limits, you're in the county, and the laws may be different. 3/30/17 Edit: "Fireworks: Prohibited in all state and private wildlands outside city or tribal jurisdictions." https://nmfireinfo.com/information/fire-restrictions-on-state-and-private-lands/
"Homemade pyrotechnics" is also key here. Statutes may limit fireworks and pyrotechnics to manufactured devices and outlaw anything home-made, no matter where they are used. Statutes may also limit fireworks to professional shows, too, and outlaw anything not sanctioned and insured.
If what you want to do is against the law, but backyard is secluded and no one is watching, well, it's your choice :)
answered Mar 30, 2017 at 4:03
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Only thing I can find doesn't specifically outlaw homemade pyrotechnics, but says fireworks can be sold within city limits June 20 through July 6; I'd get an update from the city: las-cruces.org/~/media/lcpublicwebdev2/site%20documents/… Mar 30, 2017 at 4:14
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As far as the situation outside city limits, fireworks are banned in all "wildland" areas, which would seem to apply to a desert: nmfireinfo.com/information/… Mar 30, 2017 at 15:29
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You're right: I didn't see that: "Fireworks: Prohibited in all state and private wildlands outside city or tribal jurisdictions." Mar 30, 2017 at 20:00