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Doña Ana County, NM Environmental Rules: Stormwater Management (2026)

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

Key Facts

Runoff cap
Post-development runoff ≤ pre-development runoff
Design storm
Structures sized for 100-year stormwater runoff
Pond sizing
125% of 100-year storm volume
Legal basis
NPDES MS4 permit, Clean Water Act
NOI deadline
Filed 14 days before soil disturbance
Pond safety
Fenced if over 3 ft deep or steeper than 4:1

Summary

Doña Ana County's grading and drainage rules, § 350-605G, require developed sites to hold post-development stormwater runoff to no more than pre-development levels and size drainage structures for the 100-year storm, with detention ponds built to 125% of that volume. The permit follows from the county's MS4 discharge permit under the federal Clean Water Act's NPDES program.

These county ordinances apply to unincorporated areas of Doña Ana County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

Total surface runoff from the proposed improved site into existing or future developments shall not exceed the runoff from the area of land prior to development. The engineer may utilize retention/detention ponds, swales, drainage channels, pumping facilities or any other approved methods to restrict runoff to accomplish this task. ... Construction plans and details for drainage structures shall be included in the basic improvement plans for the proposed site development. All drainage structures shall be designed to carry the one-hundred-year stormwater runoff. All drainage ponds shall be designed to hold the 125% volume of the one-hundred-year storm runoff. All plans and details for drainage structures shall be subject to review and approval by the County.

Full Breakdown

§ 1342: because Doña Ana County operates a municipal separate storm sewer system (MS4), it holds an EPA general permit issued in 2007 for small MS4s in New Mexico, and that permit obligates the county to prohibit non-stormwater discharges into the MS4 and to require construction site operators to control erosion, sediment and waste. Section 350-605G translates that federal obligation into design math for developers. Under G(17), total surface runoff from the proposed improved site into existing or future developments shall not exceed the runoff from the area of land prior to development, which the design engineer can meet with retention or detention ponds, swales, drainage channels or pumping facilities.

Under G(19)(a), every drainage structure in a site's improvement plans must be designed to carry the one-hundred-year stormwater runoff, and every drainage pond must hold 125% of that one-hundred-year storm volume, with all plans and details subject to county review and approval. Ponds that do not drain within 72 hours need an approved operation and maintenance plan, and any pond deeper than three feet or with slopes steeper than 4:1 must be fenced. Construction operators disturbing soil must also file a Notice of Intent at least 14 days before work starts, maintain a stormwater pollution prevention plan (SWPPP) with monthly BMP inspections, and file a Notice of Termination within 30 days of achieving final stabilization; the County Engineer can deny a SWPPP, or any related building, grading, or subdivision permit, if it fails to control erosion and sediment. As with the rest of the Unified Development Code, these standards bind unincorporated Doña Ana County only.

Violations & Fines

The County Engineer can deny approval of a SWPPP, and can withhold any building permit, grading permit, subdivision plat or site development plan tied to it, whenever best management practices fail to control erosion or sediment on inspection. An operator who fails to meet an EPA waiver's conditions after claiming one commits a knowing violation of § 350-605F(14) and must immediately come back into compliance.

Frequently Asked Questions

How big do drainage structures have to be for new development in Doña Ana County?
Section 350-605G(19)(a) requires every drainage structure shown in a site's improvement plans to be designed to carry the one-hundred-year stormwater runoff, and every detention or retention pond to hold 125% of that one-hundred-year storm volume. The county's Engineering and Site Development office reviews and approves all drainage structure plans and details before a grading permit issues.
Can my development send more stormwater onto my neighbor's land than before I built?
No. Under § 350-605G(17), total surface runoff from an improved site into existing or future developments cannot exceed the runoff that left the land before development. Engineers meet this by using retention or detention ponds, swales, drainage channels, pumping facilities or other county-approved methods to hold the increase on site.
Why does the county regulate stormwater discharges at all?
Doña Ana County operates a municipal separate storm sewer system, so under § 350-605F(1) it must hold an NPDES permit issued by EPA under the Clean Water Act, 33 U.S.C. § 1342. That 2007 general permit for small New Mexico MS4s requires the county to adopt rules banning non-stormwater discharges and forcing construction operators to control erosion, sediment and waste.

Sources & Official References

Other rules in Doña Ana County

All Doña Ana County rules

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