Bernalillo County, NM Environmental Rules: Stormwater Management (2026)
Key Facts
- Design storm
- 90th %ile new / 80th %ile redevelopment
- SWPPP trigger
- 1+ acre land disturbance
- Applies to
- Unincorporated county only
- Inspection cycle
- Every 3 years, records kept 5
- Max penalty
- $300 fine or 90 days jail
Summary
Bernalillo County requires new development and redevelopment on unincorporated land to capture and treat stormwater on-site, sizing controls to the 90th percentile design storm for new projects and the 80th percentile for redevelopment before any discharge leaves the property.
For all new industrial and commercial development and for all new residential development requiring a grading and drainage plan and approval, all stormwater discharge resulting from the stormwater quality design storm event must be managed on-site for water quality prior to discharge from the property. Implementation of stormwater BMPs into the landscape and grading design plans to minimize runoff and to increase on-site rainwater retention will be required.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 92).
Full Breakdown
Chapter 38, Article IV requires the county engineer and stormwater compliance manager to approve on-site management of the stormwater quality design volume for new industrial, commercial and residential projects, and mandates an EPA-style stormwater pollution prevention plan for any construction disturbing one acre or more. Post-construction BMPs must be inspected every three years by a qualified professional, with records kept five years. The rules apply only to unincorporated Bernalillo County (Sec. 38-405). Albuquerque, Los Ranchos and Tijeras run their own stormwater programs, though air-quality regulation is jointly administered with the city. Illicit discharges of pollutants, animal waste, or wastewater into the county's storm sewer system are separately banned under the IDDE provisions.
Violations & Fines
Violating the general Code penalty (Sec. 1-6) means a fine up to $300, up to 90 days in jail, or both; illicit discharges under Sec. 38-452 draw enforcement and cleanup costs under Secs. 38-402 and 38-454.
Frequently Asked Questions
Does this cover property inside Albuquerque?
What triggers a stormwater pollution prevention plan?
Sources & Official References
Other rules in Bernalillo County
Compare Bernalillo County to another location·View the New Mexico environmental rules overview
See something wrong?
Help us keep this page accurate. If you notice an error or outdated information, let us know.