Doña Ana County, NM Environmental Rules: Stormwater Management (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.
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?
Can my development send more stormwater onto my neighbor's land than before I built?
Why does the county regulate stormwater discharges at all?
Sources & Official References
Other rules in Doña Ana County
Compare Doña Ana County to another location·View the New Mexico environmental rules overview
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