Permit Fees

Proposed Permitting Fee Regulation Changes

Changes to the permitting fee regulations are being proposed. For more information go to Proposed Air Quality Permitting Fee Updates.

Recent Fee Updates

**New NSR and Title V Fee Schedules Take Effect on June 1, 2026**

On April 17, 2026, the Environmental Improvement Board repealed and replaced 20.2.75 NMAC, Construction Permit Fees, and 20.2.71 NMAC, Operating Permit Emissions Fees, after a duly noticed public hearing held March 23-25 at the New Mexico State Capital. 20.2.75 NMAC and 20.2.71 NMAC contain the schedules of fees for NMED’s construction permit program and Title V operating permit program, respectively. The new fee schedules take effect on June 1, 2026, the effective date of replacement 20.2.75 NMAC and 20.2.71 NMAC. Air quality permit applications submitted on or after that date will be subject to the new construction permit fees, and facilities will be assessed the new annual NSR/NOI/Title V fees beginning in 2027.

Summary of Changes to Construction Permit Fees

Replacement 20.2.75 NMAC increases the cost per point used to calculate application review fees (previously called permit fees); increases the points for modeling reviews and GCP-Oil and Gas registrations; eliminates the filing fee for Notices of Intent and replaces it with a points-based application review fee; increases the NSR annual fee; and institutes a new annual fee for Notices of Intent. The new fee amounts shown below will be in effect on June 1, 2026, with annual CPI adjustments to construction permit fees resuming in 2028. Small Business facilities that qualify may still be assessed at the half fee amounts.

1. Replacement 20.2.75 NMAC increases the points for modeling reviews from 15 to 30. ↩︎
2. Replacement 20.2.75 NMAC increases the points for GCP-Oil and Gas registrations from 10 to 30. ↩︎
3. Replacement 20.2.75 NMAC eliminates the current NOI filing fee and assigns 10 points for Notices of Intent. ↩︎

Summary of Changes to Title V Fees

Replacement 20.2.71 NMAC increases the annual emissions fee for fee pollutants other than hazardous air pollutants (HAPs); updates the definition of fee pollutant, removing mercury and total suspended particulate matter and adding PM10 and PM2.5; and lowers the cap on emissions used to calculate annual emissions fees from 6,000 tons to 3,000 tons. The new annual emissions fee amounts shown below will be assessed in 2027, with annual CPI adjustments to Title V fees resuming in 2028.

Additional information regarding the recent repeal and replacement of 20.2.75 NMAC and 20.2.71 NMAC, including the full text of the replacement rules, is available on NMED’s Proposed Air Quality Regulations and Plans web page at https://www.env.nm.gov/air-quality/proposed-regs/#fees

Specific Permitting Fee Information

The New Mexico Environment Department charges permit fees (NSR Construction Fees), annual NSR fees, and fees based on the quantity of emissions the Title V permit allows (Title V Fees) to cover the cost of administering each program. The fee requirement for each program is described below.

Notice of Intent Filing Fee:

The NOI filing fee of $500 is required with the NOI submittal.

NSR Application Filing Fee:

The NSR Application Filing Fee is $500. This fee is due with the NSR application. During the application review a General Review fee will be calculated using the current NSR Fee Point value of $539 and an invoice will be issued for the fee balance (total less $500). The Construction Permit Fee Calculator will allow you to enter the appropriate parameters for your facility to determine the approximate fee for a specific application.

NSR General Review Fee:

Each application for a permit or a permit modification (regulated under 20.2.72 NMAC, 20.2.74 NMAC and 20.2.79 NMAC) is assessed a permit fee per Construction Permit Fees – 20.2.75 NMAC. This Construction Permit Fee regulation assesses fees based on a complexity schedule. The calculator will allow you to enter the appropriate parameters for your facility to determine the approximate fee for a specific application. The calculator for 2026 becomes effective on 1/1/2026. Except for a few fixed-fee permitting action types, the actual fee assessed will be determined during the application review process. In these cases, the Department will issue a balance due invoice.

Construction Permit Fees Calculator 2026

In addition to the permit fee, NSR Construction Permits are assessed an annual fee at the beginning of each year. This fee is adjusted each year relative to the Consumer Price Index. The new fees take effect January 1 of each calendar year.

Annual CPI adjustments to NSR Fees:

Below you will find the methodology on how the NSR Fee values and annual fees are calculated to include the CPI adjustment:

CPI Adjustment Methodology for 2026 NSR Fees

General Construction Permit Application Fee:

All new GCP permit applications and modifications require a $5,390 fee with the application submittal.

The Streamline Application Fee:

All streamline permit applications, both for new sources and modifications to existing sources, require 10 point fee due with the application. In the case of portable permits for multiple sites (packages), this fee is due for each site (package). The fee for the streamline permit application is $5,390.

Relocation Fees:

All portable permit relocation applications are assessed this relocation fee, which is due with the application submittal. Fee is $539.00

Relocations of specific portable sources (those permitted under 20.2.72.202.D.3 NMAC) require a processing fee for each relocation action. There is a form to be prepared and submitted to the Department, which must be approved before the relocation is permitted. These forms vary according to which type of permit the facility has. If the facility has a General Construction Permit, its corresponding relocation form must be used.  For GCPs use one of the following  GCP-2 Multi-Form, the GCP-3 Multi-Form, or the GCP-5 Multi-Form.  Facilities with regular NSR permits must use the NSR Relocation Form.

Small Businesses:

If your company meets the definition of a Small Business under 20.2.75.7.F NMAC, it is eligible to receive discounts as specified in 20.2.75.11.C NMAC. The definition of a “small business” can be found on the Small Business Environmental Assistance Program Home Page. To register as a Small Business, fill out the Small Business Certification Form.

NSR Annual Fee:

The current NSR Annual Fee is: calendar year 2026 – $2,564 (billed January 2026). The Department will send an invoice in January of the following year for this annual fee.

TV Annual Fees:

Each Title V permit (regulated under 20.2.70 NMAC) is assessed an annual fee per (Operating permit fees – 20.2.71 NMAC) based upon the allowable emissions in the facility’s permit.

These new fees will be effective 1/1/2026 and will be used to calculate invoices for annual Title V fees billed in early 2026 for permits in effect as of 12/31/2025.

The updated Title V fee per Fee Pollutant (20.2.71.7.C.1 NMAC) is $40.59/ton. The corresponding Title V HAP fee (20.2.71.7.C.2 NMAC) is  $258.01.

Title V Excess Emissions Fees:

Facilities with emissions that are above annual allowable limits are required to pay a fee based on the quantity of those emissions per 20.2.71.111.C NMAC. Additionally, these emissions may also be regulated under 20.2.7 NMAC as excess emissions which may result in a Notice of Violation (NOV) and a civil penalty fine.

Instructions

Reporting Form

Annual CPI adjustments to TV Fees:

Below you will find the methodology on how the TV Fee values are calculated to include the CPI adjustment:

For calendar year 2026, effective 1/1/2026: CPI Adjustment Methodology for 2026 TV Fees

If you have any questions regarding the fees regulations, please contact Morgan Hibberd, Operations Management Analyst at Morgan.Hibberd@env.nm.gov

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