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The Handbook of New Mexico Boating Laws and State Park Regulations New Mexico Boating Safety Logo

It's the Law: On the Water

Discharge of Sewage and Waste
(BAR 18.17.2 NMAC 9.E; BAR 18.17.2 NMAC 11.E)

It is illegal to discharge liquid or solid waste into New Mexico waters.

If you have a recreational vessel with installed toilet facilities, it must have an operable marine sanitation device (MSD) on board.

  • Vessels 65 feet or less in length may use a Type I, II, or III MSD.
  • Vessels over 65 feet in length must install a Type II or III MSD.

All installed devices must be U.S. Coast Guard–certified.

Types of MSDs

There are three types of MSDs.

  • Types I and II MSDs are usually found on large vessels. Waste is treated with special chemicals to kill bacteria before the waste is discharged. Types I and II MSDs with “Y” valves that would direct the waste overboard must be secured so that the valve cannot be opened. This can be done by placing a lock or non-reusable seal on the "Y" valve or by taking the handle off the "Y" valve in a closed position.
  • Type III MSDs provide no treatment and are either holding tanks or portable toilets. Collected waste should be taken ashore and disposed of in a pump-out station or onshore toilet.

Typical pump-out station

Typical marine sanitation device

Discharge of Trash
(BAR 18.17.2 NMAC 11.E)

It is illegal to dump refuse, garbage, or plastics into any state or federally controlled waters. Many forms of litter can kill birds, fish, and marine mammals.

  • You must store trash in a container while on board and place it in a proper receptacle after returning to shore.
  • If boating on federally controlled waters and your vessel is 26 feet or longer, you must display a Garbage Disposal Placard that is at least 4 x 9 inches and notifies passengers and crew about discharge restrictions.

Garbage disposal placard

Discharge of Oil and Other Hazardous Substances
(BAR 18.17.2 NMAC 11.E)

  • It is illegal to discharge oil or hazardous substances into the water.
  • You are not allowed to dump oil into the bilge of the vessel without means for proper disposal.
  • You must discharge oil waste to a reception facility. On recreational vessels, a bucket or bailer is adequate for temporary storage prior to disposing of the oil waste at an approved facility.
  • If boating on federally controlled waters and your vessel is 26 feet or longer, you must display a 5 x 8-inch placard near the bilge pump switch stating the Federal Water Pollution Control Act's law.
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