New Mexico Stormwater Management (2026)

Key Facts

Authority: EPA Region 6 + NMED
State act: NMSA 74-6
Threshold: 1 acre disturbance
Plan required: SWPPP

Source: NMSA 1978 § 74-6-5 - Permits; certification; appeals to commission (Water Quality Act)

Full Breakdown

Unlike most states, New Mexico has not received NPDES delegation, so EPA Region 6 issues federal stormwater permits, while NMED enforces state water-quality standards under the New Mexico Water Quality Act, NMSA Chapter 74, Article 6. Construction sites disturbing one or more acres must obtain coverage under EPA's Construction General Permit and implement a Stormwater Pollution Prevention Plan. Industrial operators in covered sectors require Multi-Sector General Permit coverage. NMED reviews state water-quality certifications under Clean Water Act Section 401 and may require additional best-management practices to protect designated uses.

Violations & Penalties

Discharging without a permit or violating SWPPP terms can lead to federal and state civil penalties, stop-work orders, and remediation obligations.

Frequently Asked Questions

Who issues stormwater permits in New Mexico?

EPA Region 6 issues NPDES permits because New Mexico is not a delegated state. NMED handles state water-quality certifications and standards enforcement.

When does construction require stormwater coverage?

Coverage under EPA's Construction General Permit is required when a project disturbs one or more acres, including smaller sites in larger common plans.

New Mexico Stormwater Discharge Permitting Rules