New Mexico Septic Regulations Are a Big Deal!

By Rob Swan

New Mexico Septic regulations are a big deal and can definitely have an effect on the property you are looking at buying or selling.

If you are buying a house within the city limits and serviced by a city sewer, you do not need to concern yourself with septic regulations. If you are buying or selling outside of a municipality, there are some key points you should know.

New Mexico law states that all septic systems must be inspected prior to conveyance to a new owner. New Mexico septic regulations require you to have at least three-fourths (.75)of an acre to install a conventional septic system. If you have an existing house that is on less than three-fourths of an acre and it was previously permitted and it passes a state inspection, then you are good to go, it is grandfathered in. 

If the system does not pass an inspection, then you will be required to bring it up to code which could include a simple repair or the complete abandonment of the system and the installation of a new system.

If a new system is required and you have less than three-fourths of an acre then you are most likely looking at installing a holding tank or an advanced treatment system. Every situation is unique, and an assessment can be done by a licensed inspector to determine the best path forward.

Another thing to consider is proximity to water. A septic system leach field cannot be installed within 100 feet of a stream or well, even if it’s the neighbor’s well, so planning is key.

Septic inspections are generally done once a house for sale goes “Under Contract.” If the septic system does not pass inspection, then the cost of repairs becomes a negotiable item between buyer and seller. Regardless of what is negotiated, the legal owner of the property at 180 days from the date of the failed inspection is responsible for repairing the system.

Even if the house does not end up selling, the owner is still responsible to have it repaired or replaced. If the repairs or replacement have not been completed within 180 days, the house may be red-tagged by the New Mexico Environmental Dept. and occupancy would be prohibited until the repairs have been made.

If you are considering selling your home and would like more information, please do not hesitate to contact me, I’m always happy to help.

For a complete copy of the NM Septic Regulations Click Here - NM Septic Regulations