Question 1

How does the 0.75-acre dust permit threshold differ from the SWPPP 1-acre threshold?

Accepted Answer

They are two entirely separate regulatory programs. The SWPPP 1-acre threshold triggers stormwater permit coverage under EPA CGP NMR100000 — addressing sediment and pollutant discharge to waterways. The 0.75-acre threshold triggers a fugitive dust permit under NMED Air Quality Bureau rules (20.11.20 NMAC) or the City of Albuquerque Fugitive Dust Program — addressing particulate matter (PM10 and PM2.5) air quality impacts. A project disturbing 0.80 acres needs a fugitive dust permit but does NOT need a SWPPP stormwater permit. A project disturbing 1.2 acres needs both. These programs have different applications, different agencies, and different enforcement authority.

Question 2

What is the fugitive dust permit fee structure in New Mexico?

Accepted Answer

Under 20.11.20 NMAC, the construction fugitive dust permit fee for projects between 0.75 and 2 acres is $250 for permit application and review. An inspection fee of $115 per acre applies in addition to the application fee. Projects over 2 acres have a graduated fee schedule based on total disturbed area. Programmatic permits covering multiple projects over a 5-year term have a different fee schedule — contact NMED AQB or CABQ for current programmatic permit fee schedules, as these are subject to periodic revision.

Question 3

What is a programmatic fugitive dust permit and who needs one?

Accepted Answer

A programmatic fugitive dust permit is a 5-year term permit issued by NMED or CABQ that covers ongoing or recurring construction operations rather than a single project. General contractors, home builders, land developers, and utility companies that conduct frequent small-scale earthmoving operations throughout the year typically benefit from programmatic coverage — a single permit renewal rather than individual project applications for each job. Inspections Plus helps clients determine whether a project-specific construction permit or programmatic permit is more cost-effective for their operation.

Question 4

Does the City of Albuquerque have its own fugitive dust requirements separate from NMED?

Accepted Answer

Yes — and this is the dual jurisdiction that creates the most confusion. Projects within Albuquerque city limits are subject to both NMED Air Quality Bureau rules (20.11.20 NMAC) AND the City of Albuquerque Environmental Health Department Fugitive Dust Program. CABQ has enacted more stringent requirements in some areas including its own permit application, inspection schedule, and enforcement authority. Projects in Bernalillo County outside city limits are subject to NMED only. Inspections Plus identifies the correct regulatory authority for your project location before preparing applications.

Fee Category	Amount	Basis
Construction permit application (0.75–2 acres)	$250	Per project — includes permit review
Inspection fee (all construction permits)	$115/acre	Applied to total disturbed acreage
Projects over 2 acres	Graduated scale	Contact NMED AQB for current schedule
Programmatic permit (5-year term)	Contact NMED/CABQ	Covers ongoing/recurring operations
CABQ construction permit (city limits)	Separate fee schedule	Albuquerque Environmental Health Dept

Authority	Jurisdiction	Contact
NMED Air Quality Bureau	Statewide — all NM projects outside CABQ jurisdiction	env.nm.gov/air-quality
City of Albuquerque Environmental Health Dept	Projects within Albuquerque city limits	cabq.gov/environmental-health
NMED + CABQ (both)	Projects crossing city limits or in permit boundary areas	Contact both agencies for boundary projects

Fugitive Dust Permit in New Mexico — The 0.75-Acre Threshold Most Contractors Miss

The Gap Contractors Miss

Fee Structure (20.11.20 NMAC)

Two Permit Types

Construction Permit

Programmatic Permit

NMED AQB vs. CABQ — Dual Jurisdiction in Albuquerque

Required Control Methods

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