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 Regulatory Division issues or authorizes permits, which are generally required for earth-moving work within wetlands, lakes, and streams (including ephemeral streams or arroyos). If you plan to work in a surface waterbody, contact the USACE 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
- How to obtain a CWA Section 404 permit and Section 401 water quality certification
- 2022 CWA Section 401 Expedited Water Quality Certification for the 13 Nationwide Permits
- 2021 CWA Section 401 Water Quality Certification for the 41 Nationwide Permits
- 401 public notices
- USACE Regulatory Program and Permits
- State of New Mexico-Federal permit certification regulations 188.8.131.522 NMAC