The US Army Corps of Engineers (USACE) administers a regulatory program to implement Section 10 of the Rivers and Harbors Appropriation Act and Section 404 of the Clean Water Act.  The USACE-Albuquerque District authorizes the discharge of dredged or fill material within Waters of the United States which include certain wetlands, lakes, and streams. If you plan to work in a surface waterbody, contact the Regulatory Division of the USACE-Albuquerque District to determine whether you need such permit coverage.

Under Section 401, the CWA provides States or Tribes the opportunity to certify 404 permits. In New Mexico, this certification process depends on where your project is located and the kind of permit the USACE will use. If your project is on non-Tribal lands within New Mexico, then SWQB is probably the 401 certifying authority. The SWQB Mapper can help identify Tribal lands.

SWQB’s § 401 certification ensures that the federal permit is consistent with State law and otherwise complies with Water Quality Standards (20.6.4 NMAC), the Water Quality Management Plan/Continuing Planning Process (WQMP/CPP) including Total Maximum Daily Loads (TMDLs), and the current Antidegradation Policy. SWQB generally certifies § 404 permits conditionally, meaning that we certify the permit if those conditions are followed.

See the attached 401 Contact Map to find the NMED contact for your county.

Key Dredge and Fill Permit documents

Contact us

Ph: 505-827-0187 Find a list of Surface Water Quality staff contacts here.

Back to Top