N.M. Admin. Code § 20.4.5 § 18
APPROVAL OF REMEDIATION
Operative Text
A. Upon receipt of the remediation report, the department shall review the report to determine if the remediation of the residually contaminated portion of the property was completed pursuant to the requirements in this part within 30 days. B. The department shall notify the owner or the owner’s agent whether or not it approves the remediation report and agrees that the remediation is complete within seven days of completion of the department’s review. C. If the department does not approve the remediation report, it shall inform the owner or the owner’s agent and state the reasons for disapproval. The owner shall take the appropriate corrective action within a time period allowed by the department. [20.4.5.18 NMAC - N, 1/01/2008]
Under NMAC 20.4.5 § 18, when a remediation report is submitted for a residually contaminated property, the relevant New Mexico department has 30 days to review it and determine whether the cleanup meets regulatory requirements. Within seven days of finishing that review, the department must notify the property owner or their agent of its approval or disapproval. If the report is not approved, the department must explain its reasons in writing, and the owner is given a department-determined timeframe to take corrective action before resubmitting.
Plain English — not legal advice.
Property owners and managers operating under NMAC 20.4.5 § 18 generally ensure that their remediation reports are thorough and fully document compliance with all cleanup requirements before submission, since the department's review clock begins upon receipt. Compliant operators keep lines of communication open with the department and their designated agents so that any notice of disapproval—along with the stated reasons—is received and acted upon promptly. When corrective action is required, operators typically document the steps taken within the timeframe the department allows and resubmit accordingly.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
NMAC 20.4.5 § 18 establishes a structured, time-bound process by which the state reviews whether contamination cleanup at a residential property has been properly completed. Tenants living on or near a property subject to remediation have an interest in knowing whether the department has approved the remediation report, as an unapproved report means cleanup may not yet be complete. Tenants who have concerns about the status of a remediation can contact the relevant New Mexico state department directly, consult a tenant-rights organization, or raise the status of remediation approval as a relevant factor in any housing-related proceeding.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 26, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
Effective Timeline
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