Water Quality Control Commission [June 8-18] Public Hearings on Stormwater Regulations

NMHBA is preparing written comments to the Water Quality Control Commission for their June 8-18 public hearing on stormwater regulations.  We intend to demonstrate and make the case for why the home development and construction industries are exempt from these overly burdensome regulations, similar to the road-building industry.

Linked below is the public notice that gives the email address to submit written non-technical testimony, the 122-page petition of changes, plus NMHBA analysis of WOTUS and why there are no jurisdictional WOTUS in New Mexico.

Please email INFO@NMHBA.ORG for more info or to share your analysis of the proposed rule, issues and challenges the new rule represents for your business.

CALENDAR EVENT w/ Virtual Meeting Link: https://www.env.nm.gov/events-calendar/?trumbaEmbed=view%3Devent%26eventid%3D199647881

COMMENT PORTAL: https://nmed.commentinput.com/?id=drFGbZ9Jx2

NMHBA Analysis of Jurisdictional Issues: https://www.nmhba.org/wp-content/uploads/2026/06/Jurisdictional-Issues-in-NM-for-Clean-Water-Act.docx

PETITION FOR REGULATORY CHANGE TO ADOPT — AMENDMENTS TO 20.6.2 NMAC AND NEW RULE 20.6.5 NMAC
https://www.nmhba.org/wp-content/uploads/2026/06/2025-11-24-WQCC-25-74-NMED-Petition-to-Adopt-Amend.-20.6.2-NMAC-and-New-Rule-20.6.5-NMAC_SOR-and-Attachments-SWQSPP.pdf

We have highlighted parts of the document that we find relevant to members:

Page 12 – definition of “dredged material” and “fill material”;

Page 107 – definition of “discharge” [note requirement of “addition of a pollutant” to WOTUS from a point source.] – also states it does not include an addition of pollutants by an indirect discharger [non-point source?];

Page 109 – “PERMIT NOT REQUIRED”  section that exempts “silviculture activities” of (2) site preparation and (8) surface drainage in addition to (9) road construction.

When reading these sections, NMHBA is interested to hear if members agree with our premise:

1. The state’s definitions refer to discharges into WOTUS, of which there are none in the state;
2. Construction activities are [rarely, or not ever] dredging from wetlands;
3. Construction activities are not adding the “pollutants” of rock, sand, or cellar dirt, neither directly nor indirectly, to a WOTUS or its wetlands; AND
4. The levelling and filling of uneven terrain in order to correct surface drainage for the construction of building pads (for both home and commercial construction) and perform road construction, are exempt activities under items (2), (8) and (9) of the New Mexico Pollutant Discharge Elimination System Act, NMSA 1978, Sections 74-6C-1 et seq.