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Is Tree of heaven illegal in New Mexico?
Sources (2)
Also called: Ailanthus altissima. Last checked against official sources: 2026-10-14.
Federal noxious weed list (7 CFR 360.200): Tree of heaven is not listed.
What New Mexico's official list says
| List / legal category | Listed as | List note | What it means |
|---|---|---|---|
| Class C noxious weed (NMDA list, June 2020), control list — managed locally — not a sale ban | Ailanthus altissima | tree of heaven | Not a sale ban — control-only list |
Effective dates
- The official list entry does not state a separate effective date for this species. See the linked law for when the listing took effect.
Already have it in your yard?
Control lists can require landowners or agencies to control or eradicate the plant. The list says it is not a sale ban, but control duties may apply to you as a landowner.
Native alternatives for New Mexico
- Smooth sumac (Rhus glabra)
- Hoptree (Ptelea trifoliata)
Each is recorded as native to New Mexico in the USDA NRCS PLANTS Database state distribution (retrieved 2026-10-14). Check size, sun and soil fit for your site with your local Extension office.
More native swaps with hardiness, light and size →
Tree of heaven in other states
Arizona California Colorado Connecticut Delaware Illinois Indiana Maine Massachusetts Minnesota New Hampshire New Jersey Ohio Oregon Pennsylvania Vermont Virginia Washington West Virginia Wisconsin
See every plant on New Mexico's invasive & noxious plant lists, or check any plant.
Not legal advice. PlantLegit summarizes official lists and links the source. Laws change, local (county/city) rules may add restrictions, and the official text controls. "What it means" is our plain-English label; read the exact list wording. Confirm with the agency before buying, selling or removing plants. Full disclaimer.