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Las Cruces, NM Environmental Rules: Stormwater Management (2026)

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

Key Facts

Governing law
Land Development Code Ch. 34, Art. III
Construction trigger
1 acre or more disturbed
Inspection frequency
Twice monthly, plus after 0.5-inch rain
Maximum penalty
$500 fine, 90 days jail
Enforcement agency
Public works dept. and codes officers
Cleanup reimbursement deadline
30 days after city invoice
Reporting deadline
Written spill report within 14 days

Summary

Las Cruces bans any discharge into its storm drain system that is not pure stormwater, covering everything from used motor oil to pool backwash and construction sediment. Construction sites disturbing one acre or more must file an EPA Notice of Intent and follow a stormwater pollution prevention plan, and violators face up to $500 in fines and 90 days in jail per offense.

Sec. 34-130. - General prohibitions. (a)No person shall introduce or cause to be introduced into the MS4 or waters within the jurisdiction of the city any discharge that is not composed entirely of stormwater. ...

Sec. 34-136. - Criminal penalty. (a)Any person violating any provision of this article shall be deemed guilty of a petty misdemeanor and upon conviction thereof shall be punished by a fine not exceeding $500.00, imprisonment for a term not exceeding 90 days, or both per violation. Each violation of a particular section of this article shall constitute a separate offense, and each day an offense continues shall be considered a new violation for purposes of enforcing this article.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 33 | Land Development Code: Supplement 28).

Full Breakdown

The stormwater ordinance sits at Land Development Code Chapter 34, Article III, adopted to keep pollutants out of the city's municipal separate storm sewer system (MS4) under Section 34-125. Section 34-130's general prohibition bars introducing anything but stormwater into the MS4 or city waterways, though narrow affirmative defenses cover things like firefighting runoff, residential lawn watering, and uncontaminated groundwater. Section 34-131 spells out specific banned discharges: used motor oil, industrial or hazardous waste, septic and grease-trap waste, commercial car-wash wastewater, swimming pool and spa backwash, ready-mix concrete washout, and any release from a leaking petroleum storage tank.

The director of public works, appointed under Section 34-127, administers the program, inspects the MS4 annually, and runs a program to find and eliminate illicit connections. Construction sites disturbing one acre or more must follow Section 34-133, using the state DOT's Storm Water Management Guidelines for BMP and SWPPP design, filing an EPA Notice of Intent before starting earthwork, and inspecting disturbed areas at least twice a month and within 24 hours of any rainfall of half an inch or more. A written erosion and sediment control plan on an 18-by-24-inch sheet is required for any site of one acre or more.

Anyone who spills a reportable quantity of a hazardous substance into the MS4 must notify the fire department, public works, and the floodplain administrator immediately and file a written report within 14 days, then reimburse the city for cleanup costs within 30 days of being invoiced. Codes officers and police can issue administrative warnings and stop-work orders under Section 34-135, and criminal citations under Section 34-137.

Violations & Fines

Introducing anything other than stormwater into the city's storm drain system, or failing to follow an approved SWPPP on a construction site of one acre or more, is a petty misdemeanor under Section 34-136. Conviction brings a fine of up to $500, up to 90 days in jail, or both, with each day of a continuing violation counted as a separate offense. The city can also revoke permits or licenses on top of any criminal penalty.

Frequently Asked Questions

What can't I dump into a Las Cruces storm drain?
Section 34-130 prohibits anything but stormwater entering the city's MS4, and Section 34-131 lists specific bans including used motor oil, pool and spa backwash, commercial car-wash wastewater, concrete washout, and any release from a leaking fuel tank. Residential lawn watering runoff and firefighting water are allowed as affirmative defenses.
Do I need a stormwater permit to build in Las Cruces?
If your project disturbs one acre or more of land, Section 34-133 requires a stormwater pollution prevention plan, an erosion and sediment control plan, and an EPA Notice of Intent filed before earthwork starts. The public works director can deny a building or grading permit if the plan does not control sediment.
How often must a construction site be inspected?
Section 34-133(b) requires qualified personnel to inspect disturbed areas, storage areas, and site entrances at least twice a month, and within 24 hours after any rainfall event of half an inch or greater, checking for sediment tracking and erosion control failures.
What is the penalty for a stormwater violation?
Section 34-136 makes a violation a petty misdemeanor punishable by a fine of up to $500, up to 90 days in jail, or both, with each day of an ongoing violation treated as a separate offense on top of any license or permit revocation.

Sources & Official References

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