N.M. Admin. Code § 20.4.5 § 9
DECLARATION OF HAZARDOUS SUBSTANCE INCIDENT AND PUBLIC NUISANCE
Operative Text
Upon identification by a law enforcement agency of a clandestine drug laboratory where chemicals and equipment were removed or residual contamination was observed, the property is presumed to constitute a site of a hazardous substance incident and a public nuisance until such time as the remediation required by this part is completed. [20.4.5.9 NMAC - N, 1/01/2008]
Under NMAC 20.4.5 § 9, when a law enforcement agency identifies a clandestine drug laboratory on a property—whether chemicals and equipment were removed or residual contamination was found—that property is automatically treated as a hazardous substance incident site and a public nuisance. This presumption remains in place until the full remediation process required by the regulation is completed. The rule effectively places the property in a legally restricted status from the moment of law enforcement identification forward.
Plain English — not legal advice.
Property owners and managers should be aware that under NMAC 20.4.5 § 9, a law enforcement finding of a clandestine drug lab on their property triggers an automatic presumption of hazardous contamination and public nuisance status. Compliant operators generally ensure that the remediation process outlined in NMAC 20.4.5 is fully completed before allowing any reoccupancy or continued use of the affected property. Maintaining documentation of completed remediation steps is a practice commonly associated with demonstrating that the property has exited the presumed-nuisance status.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under NMAC 20.4.5 § 9, tenants should know that a property identified by law enforcement as a former clandestine drug lab is legally presumed to be a hazardous site and public nuisance until remediation is complete. This status can affect habitability and the lawfulness of occupying the property during that period. Tenants who believe they are living in or being asked to occupy such a property may consider contacting a local tenant-rights organization or the New Mexico Environment Department to understand what remediation requirements apply and what options may be available.
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.
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