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Valencia County, NM Environmental Rules: Stormwater Management (2026)

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

Key Facts

Culvert minimum
12-inch diameter for driveways on roads without curb
Design storm
Sized for a 10-year, 24-hour storm event
Curb standard
6-inch barrier curb, 1-inch gutter depth
Concrete spec
Class A, 4,000-psi Portland cement concrete
Variance
Requires written approval of Public Works Director
Penalty
Up to $300 fine or 90 days jail per violation

Summary

Unincorporated Valencia County requires every driveway on a road without curb and gutter to include a culvert sized by drainage-flow calculations for a 10-year, 24-hour storm, at least 12 inches in diameter, under County Code § 94.013(D). Roads that do have curb and gutter must use a standard 6-inch barrier curb with a 1-inch gutter depth, built to the Public Works Director's approved Standard Details, to carry stormwater away from the roadway.

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

(D) Curb and gutter and drainage criteria. (1) Standard 6-inch high barrier-type curb and gutter with 1-inch gutter depth as shown in Standard Details must be used as the exterior curb section for all classes of roads or streets required to have curb and gutter. Deviation from these standards will require written approval and concurrence by the Public Works Director. ... (4) For roads without curbs and gutter, all driveways shall be provided with a 12-inch diameter culvert or larger if required by drainage flow calculations for a 10-year, 24-hour event, at all driveways accessing a public or county road. The culvert shall be placed to have positive downhill drainage and shall be placed in the location graded to carry drainage, commonly known as the swale.

Full Breakdown

013 (Engineering Design Criteria) under Chapter 94: Streets and Roads, set the drainage requirements that apply whenever a road, street, or subdivision is built or improved in the unincorporated county. Subsection (D) requires a standard 6-inch high barrier-type curb and gutter with a 1-inch gutter depth as the exterior curb section for every class of road or street required to have curb and gutter, built to the county's Standard Details; a shallower mountable curb may be used on local roads only if both traffic and drainage needs are satisfied to the Public Works Director's approval.

Concrete curb and gutter must be Class A, 4,000-psi Portland cement concrete, with expansion joints every 24 feet and construction joints at least every 8 feet. Where a road is built without curb and gutter, every driveway crossing it must instead be provided with a culvert at least 12 inches in diameter, or larger if drainage-flow calculations for a 10-year, 24-hour storm event require it, at every driveway that accesses a public or county road. The culvert has to be set for positive downhill drainage and placed in the graded swale that actually carries the runoff, not just anywhere convenient.

Any developer or property owner wanting to deviate from these curb, gutter, or culvert standards needs the Public Works Director's written approval first; there is no self-certification path. 014, requires permits and easements for any drainage work tied to a subdivision, and requires all construction to follow the New Mexico Standard Specifications for Public Works Construction as modified by the county's own Standard Details, with the county's Subdivision Regulations controlling first if the two conflict.

Violations & Fines

Building or maintaining a road, driveway culvert, or drainage feature that does not meet these standards is punishable under County Code § 94.999 by a fine of up to $300, up to 90 days in jail, or both, for each violation of Chapter 94. The Public Works Director can also withhold approval of a drivepad or road acceptance until the curb, gutter, or culvert work matches the approved Standard Details.

Frequently Asked Questions

Do I need a culvert under my driveway in unincorporated Valencia County?
Yes, if the road you access does not have curb and gutter. County Code § 94.013(D) requires a culvert at least 12 inches in diameter at every driveway crossing such a road, sized larger if drainage-flow calculations for a 10-year, 24-hour storm require it, and set for positive downhill drainage in the roadside swale.
What curb and gutter standard applies to new subdivision roads?
A standard 6-inch high barrier-type curb with a 1-inch gutter depth is required on every class of road that must have curb and gutter, built to the county's Standard Details in Class A, 4,000-psi concrete with expansion joints every 24 feet. A mountable curb is allowed on local roads only with the Public Works Director's approval.
Can I get an exception to the county's drainage design standards?
Only with the Public Works Director's written approval. § 94.013 lets the Director approve deviations such as a mountable curb type or a different culvert size when both the traffic and drainage needs of the specific road are still met, but there is no automatic exemption from the standard requirements.

Sources & Official References

Other rules in Valencia County

All Valencia County rules

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