Bernalillo County, NM Environmental Rules: Erosion Control (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.
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.
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?
When must I have an erosion control plan?
Sources & Official References
Other rules in Bernalillo County
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