Note: Most states have enacted laws and regulations to protect wetlands. In many cases, these rules are established to define the state's role in the "§404 permit/§401 certification process." This process involves the U.S. Army Corps of Engineers and your state environmental agency. To learn more about the wetlands permitting process go to the CICA Wetlands Regulations/Permit page.
How Are Wetlands Activities Regulated by New Mexico? The Water Quality Control Commission regulates wetlands under the state Water Quality Act and Water Quality Management Plan. The plan requires that applicants submit a discharge plan and meet standards set for abatement plans.
Wetlands. Wetlands are considered waters, meaning all waters, including situated wholly or partly within or bordering upon the state, whether surface or subsurface, public or private, except private waters that do not combine with other surface or subsurface water.
Regulated Wetland Activities. The discharge of any water contaminant or the disposal or re-use of septage or sludge.
Exempt Wetland Activities. The Water Quality Act does not apply to any activity or condition subject to the Environmental Improvement Board under the Hazardous Waste Act, the Groundwater Protection Act, or the Solid Waste Act; the Act does not supercede or limit the applicability of any law relating to industrial health, safety, or sanitation. The Act does not apply to activities subject to the Oil Conservation Commission or the Oil and Gas Act.214 The following substances also do not require a discharge plan permit: effluent or leachate which conforms to all the listed numerical standards of N.M. Admin. Code §18.104.22.16803; effluent which is discharged from a sewerage system used only for disposal of household and other domestic waste; water used for irrigated agriculture or for irrigation for a period not to exceed five years; discharges resulting from the transport or storage of water diverted; effluent which is discharged to a watercourse which is naturally perennial; those constituents which are subject to effective and enforceable effluent limitations in a National Pollutant Discharge Elimination System (NPDES) permit, discharges resulting from flood control systems; leachate which results from the direct natural infiltration of precipitation through disturbed and undisturbed materials; leachate from materials disposed of in accordance with regulations adopted by the New Mexico Environmental Improvement Board; natural ground water seeping or flowing into conventional mine workings; effluent or leachate discharges resulting from activities regulated by a mining plan approved and permit issued by the New Mexico Coal Surface Mining Commission; effluent or leachate discharges which are regulated by the Oil Conservation Commission.
Water Environment Federation. The WEF Web site provides access to a wetlands related technical discussion area, as well as publications and other information on wetlands.
Wetlands Regulation Center. The Wetlands Regulation Center Web site contains information on laws, policies and regulations concerning activities regulated under Sections 401 and 404 of the Clean Water Act.
Association of State Wetland Managers. The Association of State Wetland Managers Web site provides information on wetlands news and events, including new regulations/legislation, upcoming conferences and events, publications, and more.
Society of Wetland Scientists. The Society of Wetland Scientists Web site provides access to on-line scientific wetlands journals and a wetlands discussion forum, as well as information on upcoming wetlands conferences and events.
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