Santa Fe, NM Environmental Rules: Erosion Control (2026)
Key Facts
- Permit trigger
- Grading/clearing over 5,000 sq ft or arroyo work
- Stabilization deadline
- 21 days after construction ends
- Required temporary devices
- Silt fencing, straw bales, berms, sediment traps
- Tree protection setback
- Fencing 5 feet outside dripline
- Dust control trigger
- Disturbance over 5,000 sq ft
- Enforcing officials
- City engineer and land use director
- Compliance gate
- No certificate of occupancy until inspected
Summary
Santa Fe requires a construction permit for grading on most disturbed sites and mandates specific erosion and sediment control devices before land can be cleared. The city engineer enforces silt fencing, sediment traps, and stabilization deadlines under Section 14-8.2 of the Land Development Code.
(7)Best Management Practices. The following best management practices shall be used before and during the construction process:(a)disturbed areas shall be protected from erosion during construction by diverting stormwater around the disturbed area, dissipating the energy of stormwater adequate to prevent erosion, retaining sediment on the disturbed area or other means adequate to retain soil on site, or a notice of intent (NOI) is filed;(b)except as necessary to install temporary erosion and sediment control devices, land shall not be graded or cleared of vegetation until all such temporary devices have been properly installed and inspected. Temporary erosion and sediment control devices may include silt fencing, swales, straw bales, berms, geotextiles, sediment basins or traps and fencing. Control devices shall be kept in place and functional until the disturbed area is permanently stabilized; or notice of termination (NOT) is filed;
Full Breakdown
2(D)(7), the city's terrain and stormwater management chapter, builders must protect disturbed areas from erosion by diverting stormwater around the site, dissipating runoff energy, or retaining sediment on-site, unless a federal Notice of Intent (NOI) is filed instead. Except when installing the devices themselves, no grading or vegetation clearing may begin until temporary erosion and sediment control devices, which the code lists as silt fencing, swales, straw bales, berms, geotextiles, and sediment basins or traps, are installed and inspected. Those devices must stay in place and functional until the disturbed area is permanently stabilized or a Notice of Termination (NOT) is filed.
Significant trees and undisturbed vegetation must be fenced off before any heavy machinery moves on-site, with fencing set five feet outside the tree dripline. Soil stockpiles need protection from wind and water erosion, and projects disturbing more than 5,000 square feet must control dust, typically by watering exposed ground. 2(D)(5) sets a hard deadline: soil stabilization and erosion control measures for all disturbed land must be completed within 21 days after construction activity ends, though planting can wait for the next suitable season if temporary measures stay maintained in the meantime.
2(E)). The land use director and city engineer administer the program, and no certificate of occupancy is issued until the parcel is in full compliance and all required inspections are documented.
Violations & Fines
Section 14-8.2(I) requires the applicant to schedule inspections when erosion and sediment control devices are installed, when stormwater measures are complete, and when site restoration is finished; further construction or permit issuance stops until the inspector gives written approval. The land use director may enter any property under this section to check compliance. If maintenance violations go uncorrected after notice, the city may perform the work itself and bill the owner or responsible party for the cost (Section 14-8.2(K)(3)).
Frequently Asked Questions
Does Santa Fe require an erosion control permit for construction?
What erosion control devices does Santa Fe's code require?
How long do builders have to stabilize a site after construction?
Who inspects erosion control compliance in Santa Fe?
Sources & Official References
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