Skip to main content
CityRuleLookup

Bernalillo County, NM Environmental Rules: Erosion Control (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Plan trigger
1+ acre of disturbance
Grading permit trigger
200+ cubic yards or 1 acre
Enforced by
Bernalillo County Engineer
Seasonal rule
Required July-Sept. near watercourses
Applies to
Unincorporated county only

Summary

Construction and grading in unincorporated Bernalillo County must have a county engineer-approved erosion control plan before work starts, covering all private and public projects that disturb one acre or more of land.

City-specific rules exist: Albuquerque has its own erosion control rules that differ from Bernalillo County's county-level regulations. If you live in Albuquerque, check the city-specific page instead.

All construction projects, both public and private, within the jurisdiction of this article, unless specifically excluded, require an approved erosion control plan prior to the start of construction. The erosion control plan must address stormwater quality where the land disturbance is one acre or greater, or is part of a larger common plan of development.

Source: NMED Construction Stormwater ProgramView official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 92).

Full Breakdown

The county engineer requires an approved erosion control plan before any construction begins in unincorporated Bernalillo County, whether the project is public or private. The plan is usually folded into the drainage plan or drainage report and must address stormwater quality once land disturbance reaches one acre or more, or is part of a larger common plan of development. A separate grading permit is required for cuts, fills or imported material exceeding 200 cubic yards, or grading of one acre or more. Grading near a major arroyo or watercourse during July, August or September must additionally provide erosion control and safely pass the ten-year design storm through the construction phase. Albuquerque, Los Ranchos de Albuquerque and Tijeras are outside this chapter and enforce their own separate drainage and grading rules.

Violations & Fines

Building, grading and paving permits are conditioned on an approved erosion control plan; the county engineer can deny, condition or revoke a permit, and require corrective grading, for noncompliant sites.

Frequently Asked Questions

Does this apply inside Albuquerque?
No. Sec. 38-146 limits this article to unincorporated county land; the city and county share only air-quality jurisdiction. Albuquerque enforces its own drainage and grading rules.
When must I have an erosion control plan?
Before starting any construction project, public or private, in the unincorporated county, per Sec. 38-171(b)(4), usually submitted with the grading or drainage plan.

Sources & Official References

Other rules in Bernalillo County

All Bernalillo County rules

Compare Bernalillo County to another location·View the New Mexico environmental rules overview

Get notified when Erosion Control in Bernalillo County, NM changes

We'll email you the moment we detect a change in the code. No spam, unsubscribe anytime.

We'll never sell or share your email. One-click unsubscribe in every email.

See something wrong?

Help us keep this page accurate. If you notice an error or outdated information, let us know.

Erosion Control in Cities Across Bernalillo County