Doña Ana County, NM Environmental Rules: Erosion Control (2026)

Section 350-605D of the Unified Development Code requires an approved erosion control plan before the county will issue a grading, construction, demolition or development permit; the ECP can stand alone or be built into the required construction plans. For new development, grading tied to single-family and other construction is limited to the building pad, any pond, the driveway, and an additional five feet in every direction beyond those areas, unless the applicant demonstrates a need for more disturbed ground. The rule also reaches existing, already-developed properties: if a code enforcement officer or other authorized county agent determines a property poses a significant erosion-driven health threat, particularly near schools or vulnerable populations, the owner has 30 days from written notice to submit an ECP to the Engineering and Site Development (ESD) office, which decides whether the plan is sufficient; an owner told a plan is insufficient gets 10 working days to fix it.

The ECP itself must be developed by a New Mexico-licensed professional engineer and include a site plan showing total disturbed acreage, all fugitive-dust sources, and best management practices such as watering, dust suppressants, temporary wind fences, native reseeding, and phased grading limited to street and utility work. Exempt activities include routine Right to Farm Act agriculture, government emergency response, essential utility service outages, and unpaved-lot uses generating fewer than 20 vehicle trips a day for under three days. A grading permit obtained under this article that is abandoned before completion, meaning no significant work continues on site, is itself a violation of § 350-605A.