Fugitive Dust Program
New Requirement
Effective November 6, 2023, the Albuquerque-Bernalillo County Air Quality Program will require applicants to submit a Compliance History Disclosure Form, available on the Air Quality Permit Application Forms Page, for applications filed pursuant to the following regulations:
- Construction Permits (20.11.41 NMAC) but for administrative permit revisions (20.11.41.28(A) NMAC) the Compliance History Disclosure Form is only required when the action requested is a transfer of ownership.
- Operating Permits (20.11.42 NMAC) but for administrative permit amendments (20.11.42.12(E)(1) NMAC) the Compliance History Disclosure Form is only required when the action requested is a transfer of ownership.
- Nonattainment Areas (20.11.60 NMAC).
- Prevention of Significant Deterioration (20.11.61 NMAC).
- Acid Rain (20.11.62 NMAC).
- Fugitive Dust (20.11.20 NMAC) except this Form shall not be required for asbestos notifications under 20.11.20.22 NMAC.
Submission of the Compliance History Disclosure Form is required by law. It must be submitted for the Air Quality Program to deem certain types of air permit applications administratively complete or issue an air permit for certain permits without an initial administrative completeness determination process. Applications that are re-submitted on or after November 6, 2023 must include the Compliance History Disclosure Form. The Air Quality Program may deny any permit application submitted or revoke any permit issued within ten years immediately preceding the date of submission or issuance, as applicable, that meets any one of the criteria outlined in Sections 74-2-7(P) and (S) of the Air Quality Control Act, NMSA 1978, which are set forth in the Compliance History Disclosure Form.
Air Quality Program staff can answer basic questions about the Compliance History Disclosure Form but will not provide specific advice about which boxes to check or whether information must be disclosed. The decision about how to answer a question and whether there is information to disclose is the responsibility of applicants.
If an applicant requires information about enforcement actions taken by the Air Quality Program, the applicant should submit a request online at nextrequest.cabq.gov, e-mail the request to [email protected], or send the request to the Office of the City Clerk, 600 2nd Street NW, Plaza del Sol Building 7th Floor, Albuquerque, New Mexico 87102. The request should identify the Air Quality Program Enforcement & Compliance Division and include the following information, as relevant and specific as possible: addresses, permit numbers, company names, and a date range.
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Fugitive Dust Control Permit Applications can be hand delivered to the Department office, mailed or emailed to [email protected]. If you have any questions concerning fugitive dust, please call us at 505-768-1972 or email [email protected].
Payment should be made by check or money order payable to the City of Albuquerque.
Mail to:
Environmental Health Department Fugitive Dust Air Quality Program
PO Box 1293
Albuquerque, NM 87103
Ask for an invoice and pay online at: https://www.cabq.gov/311/pay-a-bill
Notice: The City of Albuquerque's credit card processing vendor will be charging a 2.75% service fee for each credit/debit card transaction processed. The City of Albuquerque does not benefit from this fee. Please note this charge is for payments by credit/debit card only. You will have the option to pay by
e-Check without any service fee.
Information about the Fugitive Dust Program
Dirt tracked onto paved surfaces contributes significantly to Bernalillo County's particulate matter (PM10) air pollution.
Fugitive Dust Control Requirements
To reduce these types of emissions, Bernalillo County requires that dirt tracked onto paved surfaces be promptly removed and that measures be taken to control dust from operations, such as construction, landscaping, and road work at all times.
A Fugitive Dust permit is required for all jobs that will disturb three-quarters (¾) of an acre or more of soil. Permit applications for fugitive dust are available at either the downtown Environmental Health Department Office (3rd floor), the West Side Office or can be downloaded.
Fugitive Dust Workshop
Register now for the City of Albuquerque's next Fugitive Dust Control Workshop and Certification Training. The workshop will be held on Wednesday, March 20, 2024.
Fugitive Dust Permits
| Form | Date range | Notes |
|---|---|---|
| 2024 Fugitive Dust Construction Application with Compliance History Form | January 1, 2024 and after. |
A fugitive dust control construction permit is for a person who plans to conduct active operations that will disturb three-quarters of an acre or more of any activity preparatory to or related to building, altering, rehabilitating, demolishing or improving property that results in a disturbed surface area, including but not limited to grading, excavation, loading, crushing, pavement milling, cutting, clearing, grubbing, topsoil removal, blading, shaping, dry sweeping, blasting and ground breaking. Updated version contains the new Compliance History Disclosure Form at the end and must be used for applications on and after November 6, 2023. |
| 2024 Fugitive Dust Online Construction Application with Compliance History Form | January 1, 2024 and after |
A fugitive dust control construction permit is for a person who plans to conduct active operations that will disturb three-quarters of an acre or more of any activity preparatory to or related to building, altering, rehabilitating, demolishing or improving property that results in a disturbed surface area, including but not limited to grading, excavation, loading, crushing, pavement milling, cutting, clearing, grubbing, topsoil removal, blading, shaping, dry sweeping, blasting and ground breaking. |
| 2025 Fugitive Dust Construction Application with Compliance History Form | January 1, 2025 and after. |
A fugitive dust control construction permit is for a person who plans to conduct active operations that will disturb three-quarters of an acre or more of any activity preparatory to or related to building, altering, rehabilitating, demolishing or improving property that results in a disturbed surface area, including but not limited to grading, excavation, loading, crushing, pavement milling, cutting, clearing, grubbing, topsoil removal, blading, shaping, dry sweeping, blasting and ground breaking. |
| 2024 Fugitive Dust Programmatic Application with Compliance History Form | January 1, 2024 and after. |
A fugitive dust control programmatic permit is required for single or multiple facility locations to address real property totaling three-quarters of an acre or more that is subject to routine maintenance, routine surface disturbance activities, or routine ongoing active operations. Updated version contains the new Compliance History Disclosure Form at the end and must be used for applications on and after November 6, 2023. |
| 2024 Fugitive Dust Online Programmatic Application with Compliance History Form | January 1, 2024 and after. |
A fugitive dust control programmatic permit is required for single or multiple facility locations to address real property totaling three-quarters of an acre or more that is subject to routine maintenance, routine surface disturbance activities, or routine ongoing active operations.
|
| 2025 Fugitive Dust Programmatic Application with Compliance History Form | January 1, 2025 and after. |
A fugitive dust control programmatic permit is required for single or multiple facility locations to address real property totaling three-quarters of an acre or more that is subject to routine maintenance, routine surface disturbance activities, or routine ongoing active operations. |
If you are not sure whether or not your property or job site will require a fugitive dust permit, please call the Air Quality Program at 505-768-1972.
More Dust Control Information
- For fugitive dust complaints please call 505-768-1972, or dial 311.
- If you have questions concerning the dust program or a fugitive dust permit, call 505-768-1972 or email [email protected]
- Fugitive Dust Control Regulation 20.11.20 NMAC is available from the New Mexico Administrative Code (NMAC) website
- Air Quality Control Ordinance 9-5-1 is available at Albuquerque Code of Ordinances website