New Mexico Statewide Rule

New Mexico Erosion Control: Soil and Water Conservation District Act

Few RestrictionsApplies statewide across New Mexico (2026)

Key Facts

Statute: NMSA 1978 Section 73-20-26
Administering bodies: NM Dept. of Agriculture; SWCD Commission
Enacted: Laws 1965, ch. 137
State mechanism: Voluntary conservation districts, not permits
Construction permits: Federal EPA NPDES, not state

Last verified: July 31, 2026

Summary

New Mexico's statewide erosion-control policy lives in the Soil and Water Conservation District Act, NMSA 1978 Section 73-20-26, which commits the legislature to control and prevent soil erosion and floodwater and sediment damage through the state's soil and water conservation districts.

It is declared to be the policy of the legislature and the purpose of the Soil and Water Conservation District Act to: (1) control and prevent soil erosion; (2) prevent floodwater and sediment damage; (3) further the conservation, development, beneficial application and proper disposal of water; (4) promote the use of impounded water for recreation, propagation of fish and wildlife, irrigation and for urban and industrial needs...

View official code

Full Breakdown

Section 73-20-26 declares the legislature's purpose to control and prevent soil erosion and to prevent floodwater and sediment damage statewide. The New Mexico Department of Agriculture and the Soil and Water Conservation Commission carry it out through the state's soil and water conservation districts (NMSA 1978 Section 73-20-44), which conduct erosion and sediment surveys, develop comprehensive conservation plans, and fund landowner erosion-control projects, acting with landowner consent rather than compulsion. Construction-site stormwater and sediment-control permits are issued federally under EPA's NPDES Construction General Permit, because New Mexico holds no delegated NPDES authority.

Violations & Penalties

The Act imposes no fines on landowners; district participation is voluntary and cooperative. Construction-site sediment discharges to surface waters are enforced federally by EPA under the Clean Water Act, not by the state.

Frequently Asked Questions

Does New Mexico require an erosion-control permit for construction?

Not from the state. New Mexico has no delegated NPDES program, so construction sites disturbing one or more acres obtain erosion and sediment permits from EPA under the federal NPDES Construction General Permit.

What is New Mexico's statewide erosion-control law?

The Soil and Water Conservation District Act, NMSA 1978 Section 73-20-26, which sets state policy to control and prevent soil erosion through soil and water conservation districts overseen by the Department of Agriculture.

Can a conservation district force a landowner to control erosion?

No. Under Section 73-20-44 districts act with landowner consent, running surveys, plans, projects and financial aid, rather than compelling erosion controls or levying fines.

Sources

See something wrong?

Help us keep this page accurate. If you notice an error or outdated information, let us know.