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SWPPP in New Mexico & Arizona — NMR100000 and NMPDES Compliance

A Stormwater Pollution Prevention Plan (SWPPP) is required in New Mexico for any construction project disturbing one acre or more under EPA Construction General Permit NMR100000. Without a SWPPP, you cannot file an NOI, cannot receive permit coverage, and face penalties up to $68,445 per day under the Clean Water Act.

NMR100000NMPDESAZPDESMSGP 2021CGP 2022

What Is a SWPPP and Who Needs One

A Stormwater Pollution Prevention Plan is a site-specific document that identifies potential sources of stormwater pollution, selects Best Management Practices (BMPs) to control those sources, and establishes an inspection and maintenance schedule to keep those controls functional. Under the Clean Water Act Section 402, any operator of a construction site disturbing one or more acres must obtain stormwater permit coverage before ground disturbance begins.

In New Mexico, that permit is NMR100000 — issued by EPA Region 6 and currently valid through February 16, 2027. Arizona construction projects use AZPDES CGP AZG2022-001 administered by ADEQ. Industrial facilities with stormwater exposure — separate from construction — require MSGP coverage.

Two categories of operators must be named in the SWPPP and listed on the NOI:

Operator Type 1 — Owner/Developer
Entity with day-to-day operational control over construction plans and specifications, or financial control of the project.
Operator Type 2 — General Contractor
Entity with day-to-day operational control over construction activities, including implementation of SWPPP requirements.

NMR100000 Requirements (Current)

The EPA Construction General Permit NMR100000 became effective February 17, 2022, and expires February 16, 2027. Key requirements for New Mexico construction operators:

NOI filed and acknowledged before soil disturbance begins
SWPPP prepared by a Qualified Inspector (QISM, CPESC, CESSWI, or equivalent)
BMPs installed and functional before ground disturbance
Routine inspections: every 14 calendar days
Post-storm inspections: within 24 hours of any storm event ≥ 0.25 inches
Inspection reports retained on site and available for regulatory review
SWPPP amended within 7 days of any change in site conditions
NOT filed within 30 days of final stabilization (70% perennial cover)
Records retained for 3 years after NOT filing
SWPPP posted or available at construction entrance

The NMPDES Transition — WQCC Hearing June 8–18, 2026

New Mexico is completing a historic transition: stormwater permitting authority moves from EPA (federal CGP NMR100000) to state administration under the New Mexico Pollution Discharge Elimination System (NMPDES), governed by the Water Quality Control Commission (WQCC). The rulemaking hearing is held June 8–18, 2026.

  • During transition: Dual-permit compliance window — operators must satisfy both EPA CGP and NMPDES requirements simultaneously.
  • New forms: NOI/NOT filings will shift from EPA NeT to NMPDES eDMR system administered by NMED.
  • Enforcement agency: Primary enforcement shifts from EPA Region 6 to NMED Surface Water Quality Bureau.
  • Requirements: NMPDES is expected to be equivalent or more stringent than NMR100000 — not a rollback.

6-Phase SWPPP Development Process

Inspections Plus follows a structured 6-phase process — Phase 0 through Phase 5 — from initial permit determination through final project closeout.

Phase 0
Site Research & Permit Determination
  • ·Confirm acreage and permit trigger
  • ·Common Plan of Development evaluation
  • ·NMR100000 vs AZPDES determination
  • ·MSGP industrial applicability check
  • ·NOI pre-filing review
Phase 1
Site Assessment
  • ·Soil type and erodibility (NRCS Web Soil Survey)
  • ·Drainage pattern and discharge point mapping
  • ·Sensitive areas: arroyos, wetlands, 100-yr floodplain
  • ·Existing vegetative cover assessment
  • ·Construction sequence review
Phase 2
BMP Selection & SWPPP Drafting
  • ·Erosion and sediment control BMP selection
  • ·Desert Southwest–specific BMP engineering
  • ·Concrete washout, spill prevention provisions
  • ·Post-construction permanent stabilization plan
  • ·NMR100000 Part IV narrative documentation
Phase 3
NOI Filing & Permit Coverage
  • ·EPA NeT NOI submission (current)
  • ·NMPDES eDMR submission (2026 transition)
  • ·Site signage package prep
  • ·Pre-construction BMP installation verification
  • ·Operator training coordination
Phase 4
Routine Inspections & SWPPP Amendments
  • ·14-day routine inspections (NMR100000)
  • ·24-hour post-storm inspections (≥0.25" trigger)
  • ·Monsoon on-call protocol (July 1 – Sept 30)
  • ·ComplianceGO digital inspection reports (same-day)
  • ·SWPPP amendments for changed conditions
Phase 5
Final Stabilization & NOT Filing
  • ·70% perennial vegetation cover verification
  • ·Final inspection documentation
  • ·Notice of Termination (NOT) filing
  • ·3-year records package assembly
  • ·Project closeout report

SWPPP vs. Common Plan of Development

The Common Plan of Development provision catches operators who subdivide large projects into smaller phases, each below the one-acre threshold — but together constituting a planned development. If your project is part of a larger development plan, all phases combined determine permit applicability, regardless of individual phase acreage.

Common Example — Subdivision Development

A developer platting a 40-acre subdivision builds infrastructure in 10 phases, each phase disturbing 0.8 acres. Each individual phase is under one acre, but the Common Plan of Development triggers NMR100000 coverage for the entire 40-acre master SWPPP. A single NOI covers all phases, with the SWPPP amended as each phase activates.

Pricing Philosophy

Inspections Plus does not publish fixed-price packages for SWPPP services. Stormwater compliance scope varies significantly by project — acreage, terrain, drainage complexity, number of operators, active construction phases, monsoon exposure, and proximity to sensitive waters all affect the work involved. We provide itemized, transparent estimates — not fixed-fee contracts — so you know exactly what you are paying for.

Services typically scoped separately: SWPPP drafting, NOI filing, per-inspection fees, SWPPP amendments, BMP installation, and NOT filing. Request an estimate below and we will respond within one business day.

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