Property-transfer septic evaluations in New Mexico

The short version

Section 20.7.3.902(E) NMAC says the property transferor must have an established on-site liquid waste system evaluated before transfer. The evaluation must use a department-approved form and be completed by an evaluator qualified under Section 904(B).

A directory listing is not proof that a person can perform the required evaluation. Ask for the evaluator’s qualification details and independently confirm the record or approval relevant to the work.

What to do before scheduling

1. Search for the system’s older permit history using the NMED permit finder, then contact the appropriate agency for newer or missing records.
2. Tell the evaluator whether the system appears permitted, conventional, or advanced. Do not guess if you do not know.
3. Ask whether the evaluator is qualified for a property-transfer evaluation under the current rule—not merely a general home inspection.
4. Confirm that the department-approved Form LW 902 will be used and ask who will submit the completed report.
5. Keep the report, any permit record, receipts, and written follow-up requirements with the transaction file.

Permitted, advanced, and unpermitted systems

The rule distinguishes among permitted conventional systems, advanced treatment systems, and some unpermitted systems. Conventional evaluations address the treatment unit, disposal system, apparent setbacks and clearances, relevant lot-size requirements, and public-health or safety hazards. Advanced systems have additional sampling and permit-condition considerations.

Section 904(B) also distinguishes who evaluates permitted systems and certain unpermitted systems based on installation history. If the permit status or installation date is unclear, contact NMED rather than choosing an evaluator based on a business description.

The 180-day provision

Under Section 902(I), a new property-transfer evaluation is not required when a final inspection with final approval for a new or modified system, or a property-transfer evaluation for an existing system, was completed within 180 days of the transfer. Confirm the dates and that the prior record actually fits this provision.

If the report finds a problem

The regulation assigns follow-up responsibilities when a system is failed or deficiencies require correction. The form also contains time-sensitive filing and action instructions. Read the completed report, contact NMED about the specific property, and put responsibility and deadlines in writing with qualified real-estate or legal help when needed.