First-Time NMPDES Permittees Guide

If you're obtaining your first NMPDES permit in New Mexico, this guide walks you through every step — from determining if you need coverage to maintaining compliance.

Navigating the NMPDES permit process for the first time can feel overwhelming. This guide breaks down the process into clear, actionable steps so you know exactly what to expect and when.

Step 1: Determine If You Need Coverage

  • Construction activity disturbing 1 acre or more (or part of a larger common plan of development)
  • Industrial activity with stormwater exposure as defined by your SIC code
  • Any discharge to waters of the state, including ephemeral waterways

Step 2: File a Notice of Intent (NOI)

Submit your NOI to NMED at least 30 days before construction begins. The NOI requires basic project information, estimated disturbance area, receiving water body, and operator contact details.

Step 3: Develop Your SWPPP

Your Stormwater Pollution Prevention Plan must be completed before construction starts. It should include:

  • Site description and construction activity overview
  • Description of receiving waters and potential pollutant sources
  • Erosion and sediment control BMPs
  • Good housekeeping practices
  • Inspection and maintenance procedures
  • SWPPP amendment log

Step 4: Install BMPs Before Breaking Ground

All perimeter and initial BMPs must be in place before land disturbance begins. In New Mexico's arid climate, pay special attention to dust control, inlet protection near arroyos, and stabilization of steep slopes.

Step 5: Conduct Regular Inspections

Inspect your site and BMPs at the frequency specified in your permit — typically every 14 days and within 24 hours of a storm event producing 0.5 inches or more of rainfall. Document all inspections and corrective actions.

Step 6: File the Notice of Termination (NOT)

Once final stabilization is achieved (70% vegetative cover or equivalent permanent stabilization), file your NOT with NMED to close out permit coverage.

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