Las Cruces, NM Environmental Rules: Stormwater Management (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.
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?
Do I need a stormwater permit to build in Las Cruces?
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Sources & Official References
Other rules in Las Cruces
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