reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 5 - STATE PARKS AND RECREATION › Part 3 - PARK MANAGEMENT AND DEVELOPMENT PLAN › Section 19.5.3.12 - MODIFICATION OF PARK MANAGEMENT AND DEVELOPMENT PLAN

Current through Register Vol. 35, No. 13, July 16, 2024
The division shall not modify or change a park management and
				  development plan without a public comment period as provided in
				  19.5.3.10 NMAC.
				  The division may review and update park management and development plans at any
				  time if the director determines review is necessary.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 5 - STATE PARKS AND RECREATION › Part 5 - CONCESSION ACTIVITIES › Section 19.5.5.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
19.5.5 NMAC applies to a person conducting commercial
				  activity within the state parks system and to a person who proposes to conduct
				  commercial activity within the state parks system, except for a park support
				  group unless the division director determines that the commercial activity's
				  scale requires 19.5.5 NMAC's application to such group. 19.5.5 NMAC does not
				  apply to repair or assistance services the public hires for personal property
				  assistance or repair within a park. 19.5.5 NMAC does not apply to contractors
				  the division hires to perform construction or other services for the division
				  within the state parks system.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 5 - STATE PARKS AND RECREATION › Part 5 - CONCESSION ACTIVITIES › Section 19.5.5.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
19.5.5 NMAC is authorized pursuant to NMSA 1978, Section
				  9-1-5(E) and Sections
				  16-2-2
et seq
.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 5 - STATE PARKS AND RECREATION › Part 5 - CONCESSION ACTIVITIES › Section 19.5.5.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
January 1, 2008, unless a later date is cited at the end of a
				  section.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 5 - STATE PARKS AND RECREATION › Part 5 - CONCESSION ACTIVITIES › Section 19.5.5.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
19.5.5 NMAC's objective is to establish standards and
				  procedures for allowing commercial activities within the state parks system,
				  which will provide essential, quality service to the public while preserving
				  natural and cultural resources; provide economic development opportunities for
				  the public; and provide revenue for the state of New Mexico.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 5 - STATE PARKS AND RECREATION › Part 5 - CONCESSION ACTIVITIES › Section 19.5.5.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
[RESERVED]
[See
				  19.5.1.7
				  NMAC for definitions.]
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 5 - STATE PARKS AND RECREATION › Part 5 - CONCESSION ACTIVITIES › Section 19.5.5.8 - SUBMITTAL OF PROPOSALS FOR CONCESSION CONTRACTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. An interested person seeking to operate a
				concession within a park or a concessionaire within a park who wishes to expand
				services beyond the location the concession contract authorizes may send a
				proposal summary including a brief description of the concession operation with
				the services to be offered, the concession's proposed location within the park
				and a description of how the concession meets the criteria in Subsection A of
				19.5.5.9 NMAC to the superintendent at the park where the concession is
				proposed.
B. The director shall
				evaluate the proposal summary, with the understanding that new or replacement
				contracts shall be awarded on a competitive basis and notify the interested
				person and any existing concessionaire that:
(1) the proposal summary indicates the
				concession does not fit the criteria as listed in Subsection A of 19.5.5.9
				NMAC; or
(2) the division will
				issue a request for concession proposals and the interested person may submit a
				proposal.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 5 - STATE PARKS AND RECREATION › Part 5 - CONCESSION ACTIVITIES › Section 19.5.5.9 - CRITERIA FOR GRANTING CONCESSION CONTRACTS

Current through Register Vol. 35, No. 13, July 16, 2024
The secretary shall consider at least the following in
				  determining whether or not to grant a concession contract.
A. Concessions shall:
(1) provide a needed service or a service in
				which visitors have shown a substantial interest and the service is not
				adequately provided within the park or within the area;
(2) provide services to the general public
				rather than a particular individual or group;
(3) enhance, improve, protect and conserve
				park natural, historical and cultural resources;
(4) provide reasonable revenue to the state
				in exchange for the concession agreement;
(5) include facilities, if required, that are
				of sufficient size to support the proposed activity and that are harmonious in
				form, line, color and texture with the surrounding landscape; and
(6) be consistent with the park management
				and development plan in effect for the park in which the concession is to be
				located.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 5 - STATE PARKS AND RECREATION › Part 5 - CONCESSION ACTIVITIES › Section 19.5.5.11 - CONCESSION CONTRACT APPROVAL BY NEW MEXICO BOARD OF FINANCE

Current through Register Vol. 35, No. 13, July 16, 2024
Concession contracts require the New Mexico board of
				  finance's approval. After the parties have agreed on contract terms and signed
				  the concession contract, the division shall submit the concession contract to
				  the board of finance for approval.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 5 - STATE PARKS AND RECREATION › Part 5 - CONCESSION ACTIVITIES › Section 19.5.5.12 - ASSIGNMENT AND SUBCONTRACTS OF CONCESSION CONTRACTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. A concessionaire shall not transfer, sell,
				subcontract, encumber, assign, extend, renew, assign management
				responsibilities, exchange concession business or property or assign rights a
				concession contract grants, without the secretary's prior written approval. In
				addition, the above transactions may also require the approval of the New
				Mexico board of finance and the appropriate federal or state agency.
				Subcontracts are subject to the concession contract's terms and
				provisions.
B. The secretary may
				choose not to approve a transfer, sale, subcontract, encumbrance, assignment,
				extension, renewal, assignment of management responsibilities, exchange of
				concession business or property or an assignment of rights that a concession
				contract grants at the secretary's discretion or may place appropriate
				conditions on approval, including modification of the concession contract's
				terms and conditions as a condition of approval. The secretary shall not
				unreasonably withhold a sale or transfer or place unreasonable conditions or
				modifications on a concession contract as a condition of approval.
C. A concessionaire who seeks to subcontract
				services the concession contract authorizes shall submit a proposed subcontract
				to the superintendent who shall attach a forwarding letter with recommendations
				concerning the proposed subcontracting to the concessions administrator. The
				division may request additional information from the concessionaire as
				necessary for the subcontract's review and evaluation. The division shall
				notify the concessionaire after the proposed subcontract's receipts of its
				decision to approve or reject the subcontract. The concessionaire shall submit
				the subcontract for approval at least 90 calendar days prior to the
				subcontract's intended effective date to allow for approval by the board of
				finance and the appropriate federal or state agency, if required.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 5 - STATE PARKS AND RECREATION › Part 5 - CONCESSION ACTIVITIES › Section 19.5.5.13 - REVIEW OF DECISIONS BY THE DEPARTMENT

Current through Register Vol. 35, No. 13, July 16, 2024
A. Requests for review or written responses.
(1) If the division proposes to terminate a
				concession contract for noncompliance with the contract terms, the division
				shall send a notice of proposed termination to the concessionaire identifying
				the areas of noncompliance. The notice shall provide that the concessionaire
				may request review by the secretary of the division's proposal to terminate by
				responding in writing to the proposal to terminate within 15 calendar days
				after the notice of the proposed termination's receipt. The notice shall
				provide that proposed termination shall be effective 30 calendar days after the
				concessionaire's receipt of the notice if the concessionaire does not request
				review. The division may include in a concession contract provisions that
				provide other reasons for termination and a review process for terminations
				based upon those reasons.
(2) If
				the division decides to terminate a concession contract immediately without
				notice due to a life endangering situation, the concessionaire may request
				review by the secretary or respond in writing within 15 calendar days after
				termination.
(3) If the division
				does not approve a concessionaire's request for transfer, sale, subcontract or
				any other transaction requiring approval as set forth in Subsection A of
				19.5.5.12 NMAC, the concessionaire may request review by the secretary or
				respond in writing within 15 calendar days after receipt of notice that the
				division did not approve the transfer, sale, subcontract or other
				transaction.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 5 - STATE PARKS AND RECREATION › Part 5 - CONCESSION ACTIVITIES › Section 19.5.5.14 - CONCESSION PERMITS

Current through Register Vol. 35, No. 13, July 16, 2024
A. A
				concession permit is valid for one year or less. For outfitters and guides, the
				concession permit's full one-year period is from April 1st until March 31st
				annually. All other concession permits are valid for 12 months from the date of
				issue, unless otherwise indicated on the concession permit. The concession
				permit activity is allowed only on the date or dates of activity approved in
				the permit.
B. A person applying
				for a concession permit shall obtain a concession permit application from the
				superintendent at the park where the applicant intends to operate. The
				application shall require the following information: a detailed description and
				location of the proposed activity, when the proposed activity will take place
				and the number of people involved; the applicant's information including name,
				address and telephone number; the applicant's New Mexico tax identification
				number and proof of insurance naming the state of New Mexico, the department
				and the division, and if applicable the landowner from which the division
				leases the land or reservoir, as additional insured; and a hold harmless
				agreement signed by the applicant. The person shall complete the application
				and return it to the superintendent along with the concession permit fee (see
				19.5.6 NMAC). An outfitter or guide shall submit a concession permit
				application to the superintendent by March 1st if the applicant intends to hold
				a concession permit for the full permit term beginning April 1st.
C. The superintendent shall review the
				application and determine whether the service or activity meets the following
				criteria:
(1) does not significantly
				adversely impact an existing concessionaire's operation;
(2) provides a needed service to park
				visitors or a service in which the public has shown a substantial
				interest;
(3) enhances, improves or
				protects park resources or enjoyment thereof; and
(4) meets the concession permit definition in
				19.5.1.7 NMAC.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 5 - STATE PARKS AND RECREATION › Part 5 - CONCESSION ACTIVITIES › Section 19.5.5.16 - PROHIBITED COMMERCIAL ACTIVITIES

Current through Register Vol. 35, No. 13, July 16, 2024
The following commercial activities are prohibited within the
				  state parks system:
A. commercial
				activity without written authorization pursuant to a concession contract,
				concession permit, film permit or special use permit;
B. services or activities not benefiting the
				visitor's experience;
C. services
				or activities that may threaten the public's health or safety;
D. services or activities that may threaten
				or damage park resources;
E. sale
				of goods or services outside of a specifically-defined location designated for
				a concession, unless authorized in a concession permit, special use permit or
				cooperative agreement; and
F.
				solicitation of unwanted business.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 5 - STATE PARKS AND RECREATION › Part 5 - CONCESSION ACTIVITIES › Section 19.5.5.17 - CONCESSION MANAGEMENT PROCEDURES

Current through Register Vol. 35, No. 13, July 16, 2024
The superintendent is the division's designated
				  representative with concessionaires and concession permittees in day-to-day
				  operations. Concessionaires shall direct questions concerning a concession
				  contract or permit, including responsibilities pursuant to the contract or
				  permit and interpretation of a contract's or permit's terms to the
				  superintendent. Concessionaires or concession permittees shall direct
				  questions, problems or complaints to the superintendent. The concessions
				  administrator shall maintain historical, fiscal and administrative records at
				  the division office in Santa Fe to ensure compliance with the concession
				  contract. The concessions administrator shall notify the director of a
				  concession contract's expiration at least nine months prior to the expiration
				  date.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 5 - STATE PARKS AND RECREATION › Part 5 - CONCESSION ACTIVITIES › Section 19.5.5.18 - INSPECTIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Concessionaires
				are subject, with prior notice, to a state park official's inspection of the
				concession premises for public safety and health reasons and to monitor
				compliance with the concession contract and operation and maintenance plan.
				Concessionaires shall always maintain a safe and healthy environment for the
				public and the concessionaire's employees. If applicable, the landowner from
				which the division leases the land or reservoir may inspect the concession
				premises.
B. The department shall
				have the right to close down a concession operation at any time without prior
				notice in order to protect the safety and health of parks, visitors and
				staff.
C. Concession operations
				shall comply with applicable codes and rules or regulations of applicable
				authorities.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 5 - STATE PARKS AND RECREATION › Part 5 - CONCESSION ACTIVITIES › Section 19.5.5.19 - PREFERENCES FOR BLIND PERSONS

Current through Register Vol. 35, No. 13, July 16, 2024
The department shall comply with NMSA 1978, Section
				  22-14-27
				  in assuring that it gives blind persons the commission for the blind licenses
				  preference in the establishment and operation of vending machines with the
				  state parks system when blind persons may properly and satisfactorily operate
				  vending machines.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 5 - STATE PARKS AND RECREATION › Part 6 - PARK FEES › Section 19.5.6.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
19.5.6 NMAC is authorized pursuant to Subsection E of 9-1-5
				  NMSA 1978 and Sections
				  16-2-2
et seq
. NMSA 1978.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 5 - STATE PARKS AND RECREATION › Part 6 - PARK FEES › Section 19.5.6.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
19.5.6 NMAC's objective is to establish fees for visitors to
				  off-set the cost of park operations so that each park may be made as nearly
				  self-supporting as possible.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 5 - STATE PARKS AND RECREATION › Part 6 - PARK FEES › Section 19.5.6.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
[RESERVED]
[See
				  19.5.1.7
				  NMAC for definitions.]
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 5 - STATE PARKS AND RECREATION › Part 6 - PARK FEES › Section 19.5.6.8 - DAY USE PERMIT (use fees)

Current through Register Vol. 35, No. 13, July 16, 2024
A.
All parks (except as noted in Subsection B of 19.5.6.8 NMAC).
Per motor vehicle
$5.00
Walk in/bicycle
No Charge
School bus
$15.00
Commercial charter bus
$50.00
B.
Parks with exceptions.
Rio Grande Nature Center state
								park
Per motor vehicle
$3.00
Walk in/bicycle
No Charge
Living Desert Zoo and Gardens state
								park
Adult
$5.00
Child (seven to 12 years old)
$3.00
Child (six years and under)
No Charge
Group rate adults (20 or more) per person
$3.00
Youth school groups (per person)
$.50
American zoological association reciprocal
								fees
Adult
$2.50
Child
$1.50
Smokey Bear historical park
Adult
$2.00
Child (seven to 12 years old)
$1.00
Child (six years and under)
No Charge
Youth/school groups (per person)
No Charge
Bus
$15.00
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 5 - STATE PARKS AND RECREATION › Part 6 - PARK FEES › Section 19.5.6.9 - CAMPING PERMIT (PER NIGHT PER VEHICLE OR PER WALK-IN/BICYCLE)

Current through Register Vol. 35, No. 13, July 16, 2024
Primitive site
$8.00
Developed site
$10.00
Developed site with electric hookup
$14.00
Developed site with electric and sewage hookups
$18.00
Electric hookup with annual camping permit
$4.00
Electric and sewage hookup with annual camping permit
$8.00
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 5 - STATE PARKS AND RECREATION › Part 6 - PARK FEES › Section 19.5.6.10 - ANNUAL DAY USE PASS (PER VEHICLE)

Current through Register Vol. 35, No. 13, July 16, 2024
State-wide pass to all parks
$40.00
Disabled veterans pass
No Charge (New Mexico resident veteran with a 50% or
						  greater service-connected disability)
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 5 - STATE PARKS AND RECREATION › Part 6 - PARK FEES › Section 19.5.6.11 - ANNUAL CAMPING PERMIT (PER VEHICLE INCLUDES ONE TOW VEHICLE UPON REQUEST)

Current through Register Vol. 35, No. 13, July 16, 2024
New Mexico resident
$180.00
New Mexico senior resident - 62 years or older
$100.00
New Mexico physically disabled resident (see Subsection
						  B of
						  19.5.2.35
						  NMAC)
$100.00
Out-of-state resident
$225.00
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 5 - STATE PARKS AND RECREATION › Part 6 - PARK FEES › Section 19.5.6.14 - GROUP SHELTER

Current through Register Vol. 35, No. 13, July 16, 2024
The following fees are for use of the facility or area only
				  and do not include day use fees.
750 square feet or less
Current: $30.00
Beginning December 1, 2018: $45.00
More than 750 square feet
Current: $60.00
Beginning December 1, 2018: $90.00
Rally (as designated)
Groups less than 30 persons
Current: $60.00
Beginning December 1, 2018: $135.00
Groups 30 or more persons
Current: $90.00
Beginning December 1, 2018: $180.00
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 5 - STATE PARKS AND RECREATION › Part 6 - PARK FEES › Section 19.5.6.16 - CONCESSION PERMIT

Current through Register Vol. 35, No. 13, July 16, 2024
Guide, fishing services, boating and rafting excursions
						  for Navajo Lake state park
$500.00
For other parks, guide, fishing services, boating and
						  rafting excursions
$300.00
Educational, park resource protection services and other
						  services
$300.00
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 5 - STATE PARKS AND RECREATION › Part 6 - PARK FEES › Section 19.5.6.17 - GUIDE CARD

Current through Register Vol. 35, No. 13, July 16, 2024
Guide, fishing services, boating and rafting excursions
						  for Navajo Lake state park
$500.00
For other parks guide, fishing services, boating and
						  rafting excursions
$300.00
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 5 - STATE PARKS AND RECREATION › Part 6 - PARK FEES › Section 19.5.6.18 - MEETING, EVENT AND LODGING FACILITIES (per day)

Current through Register Vol. 35, No. 13, July 16, 2024
The following fees are for use of the facility or area only
				  and do not include applicable day use or camping fees.
A.
Meeting room, conference room,
				classroom.
Park open hours
Current: $30.00 Beginining December 1, 2018:
Large for entire day $200.00
Small for entire day $100.00
Large for partial day (four hours) $50.00
Small for partial day (four hours) $25.00
Damage and cleaning deposit (reimbursed upon
								satisfactory inspection)
$50.00
Park after hours
Current: $60.00
Beginning December 1, 2018: Large $300.00
Small $200.00
Damage and cleaning deposit (reimbursed upon
								satisfactory inspection)
$75.00
B.
Special event facility.
Park open hours
Per day cost will vary according to certain
								seasons. Please refer to the division website.
Current: $125.00
Beginning December 1, 2018: Season $1,000.00
Off-season $500.00
Damage and cleaning deposit (reimbursed upon
								satisfactory inspection)
$250.00
Park after hours
Per day cost will vary according to certain
								seasons. Please refer to the division website.
Current: $275.00
Beginning December 1, 2018: Season $1,500.00
Off-season $700.00
Damage and cleaning deposit (reimbursed upon
								satisfactory inspection)
$350.00
C.
Yurts (per night).
Rental inclusive of camping fee for two vehicles.
								Additional vehicles will be subject to day use or camping fees as applicable.
								Per night fee may be less on certain days or in certain seasons. Please refer
								to the division website.
Beginning July 1, 2018:
Season $150.00
Off-season $80.00
Damage and cleaning deposit (reimbursed upon
								satisfactory inspection)
$100.00
D.
Cabins (per night).
Rental inclusive of camping fees for two vehicles.
								Additional vehicles will be subject to day use or camping fees as applicable.
								Per night fee may be less on certain days or in certain seasons. Please refer
								to the division website.
Season $150.00
Off-season $80.00
Damage and cleaning deposit (reimbursed upon
								satisfactory inspection)
$100.00
E.
Corrals (per night).
Small
$30.00
Large
$50.00
F.
Wildlife blinds (per night).
Season
$75.00
Off-season
$25.00
G.
				Persons using the facilities listed in 19.5.6.18 NMAC may be required to enter
				into an agreement with the division that contains conditions of use.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 5 - STATE PARKS AND RECREATION › Part 7 - FILMING IN STATE PARKS › Section 19.5.7.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
19.5.7 NMAC is authorized pursuant to Subsection E of Section
				  9-1-5 NMSA 1978 and Section
				  16-2-2
et seq
.
				  NMSA 1978.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 5 - STATE PARKS AND RECREATION › Part 7 - FILMING IN STATE PARKS › Section 19.5.7.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
January 1, 2008, unless a later date is cited at the end of a
				  section.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 5 - STATE PARKS AND RECREATION › Part 7 - FILMING IN STATE PARKS › Section 19.5.7.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
19.5.7 NMAC's objective is to establish procedures for
				  issuance of film permits within parks.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 5 - STATE PARKS AND RECREATION › Part 7 - FILMING IN STATE PARKS › Section 19.5.7.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
[RESERVED]
[See
				  19.5.1.7
				  NMAC for definitions.]
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 5 - STATE PARKS AND RECREATION › Part 7 - FILMING IN STATE PARKS › Section 19.5.7.8 - ACTIVITIES REQUIRING A FILM PERMIT

Current through Register Vol. 35, No. 13, July 16, 2024
An individual or entity shall obtain a division-issued film
				  permit for a film or photography project when the film or photography
				  project:
A. involves commercial
				filming;
B. will or may impact a
				park's natural, cultural or recreational resources or disrupt or interfere with
				visitors' use and enjoyment;
C.
				uses actors, models, special effects, vehicles, sets or props;
D. requires entry into areas closed to
				visitors;
E. involves articles of
				commerce for the purpose of commercial advertising; or
F. requires closure of all or part of a
				park.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 5 - STATE PARKS AND RECREATION › Part 7 - FILMING IN STATE PARKS › Section 19.5.7.9 - ACTIVITIES NOT REQUIRING A FILM PERMIT

Current through Register Vol. 35, No. 13, July 16, 2024
A. An individual or entity does not need to
				obtain a film permit:
(1) when using a camera
				or other audio or video recording device for the individual's or entity's own
				personal use in areas open to visitors;
(2) for commercial photography, so long as
				the project does not require a film permit for any of the reasons stated in
				19.5.7.8 NMAC; or
(3) when filming, photographing or audio
				recording a news event that occurs in a park.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 5 - STATE PARKS AND RECREATION › Part 7 - FILMING IN STATE PARKS › Section 19.5.7.10 - APPLICATION FOR A FILM PERMIT

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				An individual or entity shall apply for a film permit with the division's
				office in Santa Fe at least 30 calendar days before the film or photography
				project is to start by submitting a division-developed film permit application
				and the non-refundable film permit application fee. The individual or entity
				may not begin the film or photography project until the division issues the
				film permit.
B. The film permit
				application shall include the following, as applicable:
(1) name, address, phone number, fax number
				and e-mail of the individual or entity applying for the film permit and the
				local contact;
(2) a brief
				description of the proposed film or photography project including:
(a) whether it is a feature film; still
				photography; television series, movie or pilot; documentary; video; television
				commercial; or other;
(b) title or
				product;
(c) the project's
				content;
(d) producer;
(e) director;
(f) production manager; and
(g) number in cast;
(3) the name of the park where the proposed
				film or photography project would occur;
(4) the dates and times the proposed film or
				photography project would occur in the park;
(5) description of how the individual or
				entity would use the park, the approximate number of people and vehicles
				involved, special accommodations needed and special effects planned, including
				any activity that involves fire;
(6) whether partial or full closures of the
				park will be needed;
(7) whether
				equipment or vehicles will be used off of established trails or outside of
				developed areas; and
(8)
				additional information the division requests to determine the proposed
				project's nature and potential impacts upon the park's resources and
				visitors.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 5 - STATE PARKS AND RECREATION › Part 7 - FILMING IN STATE PARKS › Section 19.5.7.11 - FILM PERMIT ISSUANCE OR DENIAL

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				After receipt of the film permit application and the application fee, the
				division shall either:
(1) issue the film
				permit with such conditions as the division deems necessary, including those
				needed to protect park resources or to ensure visitors' safety and enjoyment,
				upon the applicant's submission of the following:
(a) payment of film permit fees pursuant to
				19.5.7.12 NMAC, park fees pursuant to 19.5.7.13 NMAC, as well as costs for
				division staff or equipment needed for the project to occur
				(
e.g.
providing a snowplow and operator to remove snow from
				roads normally closed for the winter) and for park fees the division loses as a
				result of a park's full or partial closure;
(b) a damage deposit sufficient to cover the
				division's costs for restoration that public liability insurance does not cover
				and clean up; the division will calculate the damage deposit based on the size,
				number of hours and days, number of individuals involved and the project's
				overall complexity;
(c) certificate
				of worker's compensation; and
(d)
				certificate of insurance for public liability for personal injury and property
				damage in amounts greater than or equal to the liability limits set forth in
				NMSA 1978, Section
				41-4-19, as it
				may be amended, which shows the department as an additional insured;
				or
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 5 - STATE PARKS AND RECREATION › Part 7 - FILMING IN STATE PARKS › Section 19.5.7.12 - FILM PERMIT FEES

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Non-refundable application fee: $100.
B. Rental fees.
Motion pictures/videos/television
							 documentaries:
1-30 people
$250/location/day
31-60 people
$500/location/day
over 60 people
$1,000/location/day
Commercial still photography:
1-10 people
$100/location/day
11-30 people
$150/location/day
over 30 people
$250/location/day
C.
				Monitoring fees: $25 per ranger/per hour.
D. Damage deposits.
Less than five people, no stock (animals), props or
							 sets
$500
Five to 10 people, no stock (animals)
$1,000
Six to 24 people or up to five consecutive calendar
							 days scheduled filming; complex sets; construction of sets at location
$2,000 plus $100 per animal/per day
25 or more people or more than five consecutive
							 calendar days scheduled filming; complex sets; construction of sets at
							 location
$5,000 plus $100 per animal/per day
E.
				The superintendent or director may waive or reduce the fees for individual
				student projects that are non-commercial.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 5 - STATE PARKS AND RECREATION › Part 7 - FILMING IN STATE PARKS › Section 19.5.7.13 - PAYMENT OF PARK FEES

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Persons associated with the filming project shall pay the generally applicable
				visitor fees including camping and electrical and sewage hook-up. Day use fees
				are not charged.
B. The permittee
				or those involved in the film or photography project shall not use annual
				permits to cover day use or camping fees for film or photography projects that
				require closure of all or part of a park.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 5 - STATE PARKS AND RECREATION › Part 7 - FILMING IN STATE PARKS › Section 19.5.7.14 - PARK MONITORS

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				division may assign staff to monitor all aspects of filming. The number of
				monitors the division assigns shall depend upon the number of individuals
				involved in the project. Generally, the division will assign the following
				number of monitors.
Less than 50 people
one monitor
51-89 people
two monitors
More than 90 people
three monitors
B.
				The division may assign fewer or no monitors, such as for a commercial still
				photography shoot that is using only one location and using no props or sets,
				or assign additional monitors due to the complexity of the shoot, locations
				used, special effects or fire danger or other hazards.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 5 - STATE PARKS AND RECREATION › Part 7 - FILMING IN STATE PARKS › Section 19.5.7.15 - ADDITIONAL REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				permittee shall remove equipment and materials brought into a park for the film
				or photography project immediately upon the project's completion unless
				otherwise agreed upon in the film agreement.
B. The permittee shall, on a daily basis,
				remove and properly dispose of garbage, trash, food, supplies, temporary props
				and other debris associated with the film or photography project's activities
				from all filming location, staging, catering, parking and storage areas located
				within the park. The permittee shall arrange for private trash service and
				shall not use the park's trash disposal facilities or sewage dump
				stations.
C. If a film project uses
				animals, the film project shall comply with the American humane association
				guidelines for the safe use of animals in filmed media, have an American humane
				animal safety representative present on the set and qualify for the End Credit
				Disclaimer "No Animals Were Harmed"TM. For the most
				current edition of the American humane association guidelines for the safe use
				of animals in filmed media please go to
www.americanhumane.org/film
.
D. Helicopter or aircraft operations within
				park boundaries require specific approval in the film permit and helicopters
				and aircraft shall maintain at least a 500-foot altitude above known bird
				nesting sites, occupied campgrounds and other sensitive park locations that the
				division identifies.
E. If the film
				or photography project involves more than 10 people, the permittee shall
				provide or hire its own security services. The permittee shall provide one
				security officer for every 20 people involved.
F. The permittee shall include the division
				and the individual park where the actual filming occurred in the "credits"
				listing at the end of each motion picture, video, sound recording or television
				documentary.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 5 - STATE PARKS AND RECREATION › Part 7 - FILMING IN STATE PARKS › Section 19.5.7.16 - DAMAGE TO PARK RESOURCES OR STRUCTURES

Current through Register Vol. 35, No. 13, July 16, 2024
A. Unless modified in the film permit, the
				permittee shall not:
(1) use materials,
				adhesives or paints on geological, paleontological or archaeological or other
				scientific resources within a park;
(2) disturb trees, shrubs, forbs, grasses or
				other vegetative resources; or
(3)
				temporarily or permanently modify the interior or exterior of any park
				structure.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 6 - MINE SAFETY › Part 2 - EMERGENCY NOTIFICATION › Section 19.6.2.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
All persons subject to Section
				  69-5-1 et seq
				  and Sections
				  69-8-1 et
				  seq. NMSA 1978 and all mines as defined in Subsection D of 69-8-2 NMSA
				  1978.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 6 - MINE SAFETY › Part 2 - EMERGENCY NOTIFICATION › Section 19.6.2.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Section
				  69-5-1 et seq
				  and Sections
				  69-8-1 et
				  seq., NMSA 1978.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 6 - MINE SAFETY › Part 2 - EMERGENCY NOTIFICATION › Section 19.6.2.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of 19.6.2 NMAC is to establish regulations to
				  implement the requirements for emergency notification plans, mine accident
				  emergency operations center and accident notifications as directed in Chapter
				  69, Article 5 NMSA 1978.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 6 - MINE SAFETY › Part 2 - EMERGENCY NOTIFICATION › Section 19.6.2.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
"Accident"
means accident as defined in Subsection A of Section
				69-8-2
				NMSA 1978.
B.
"Annual tonnage
				of coal
" means the clean coal tons reported on the form 7000-2 for the
				previous calendar year.
C.
"Board"
means the state mining safety board.
D.
"CFR"
means Code of Federal
				Regulations.
E.
"Days"
means calendar days.
F.
"Deputy state mine inspector"
means a senior employee of the New
				Mexico bureau of mine safety who has knowledge and understanding of the 19.6
				NMAC mine safety rules.
G.
"Extended absence"
means the state mine inspector cannot perform
				his/her duties due to illness, medical condition, is on family medical leave
				(FMLA) or other circumstances for a period of 30 days or longer.
H.
"Hours worked"
means hours
				reported to mine safety and health administration (MSHA) on the 7000-2 form or
				for an occupational safety and health administration (OSHA) regulated site on
				the OSHA form 300-A, for the previous calendar year.
I.
"Inspector"
means the state
				mine inspector
J.
"Mine"
means the mine as defined in Subsection E of Section
				69-8-2
				NMSA 1978.
K.
"Operator"
means operator as defined in Subsection G of Section
				69-8-2
				NMSA 1978.
L.
"Service"
means providing any document, paper or pleading to a
				person either personally or by certified mail, return receipt
				requested.
M.
"Vacant"
means there is not a state mine inspector because the incumbent state mine
				inspector has resigned, retired, been terminated or is deceased and a new state
				mine inspector has not been appointed or assumed the office.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 6 - MINE SAFETY › Part 2 - EMERGENCY NOTIFICATION › Section 19.6.2.8 - REQUIREMENT TO FILE EMERGENCY NOTIFICATION PLAN

Current through Register Vol. 35, No. 13, July 16, 2024
A. All operators of existing mines must
				prepare an emergency notification plan and submit the plan to the state mine
				inspector for approval. All operators of new or reopened mines shall submit an
				emergency notification plan to the state mine inspector prior to opening or
				reopening the mine.
B. Each
				emergency notification plan must contain procedures for notifying the state
				mine inspector within 30 minutes of an accident.
C. Any changes made by a mine operator to an
				approved emergency notification plan shall be submitted by the operator, within
				no less than seven working days from date of the change, to the state mine
				inspector for review and approval. The inspector shall no less than annually,
				from the date of approval of an operator's emergency notification plan, notify
				the operator to ensure that the plan on file with the state mine inspector is
				current.
D. The inspector shall
				retain a copy of each mine operator's approved emergency notification plan at
				the mine accident emergency operations center.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 6 - MINE SAFETY › Part 2 - EMERGENCY NOTIFICATION › Section 19.6.2.9 - ESTABLISHMENT OF MINE ACCIDENT EMERGENCY OPERATIONS CENTER

Current through Register Vol. 35, No. 13, July 16, 2024
A. The state mine inspector shall establish
				and maintain the mine accident emergency operations center as the primary state
				government communications for dealing with mine accidents that:
(1) provides emergency assistance requested
				by the mine operator or the mine safety and health administration for mine
				accidents or emergencies; and
(2)
				is accessible 24 hours a day, seven days a week, at a statewide telephone
				number established and designated by the inspector.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 6 - MINE SAFETY › Part 2 - EMERGENCY NOTIFICATION › Section 19.6.2.10 - REQUIREMENTS TO NOTIFY THE MINE ACCIDENT EMERGENCY OPERATIONS CENTER

Current through Register Vol. 35, No. 13, July 16, 2024
A. Whenever an
				accident occurs in or about a mine or the machinery connected to a mine, the
				operator of the mine shall give notice 30 minutes of ascertaining the
				occurrence of the accident to the mine accident emergency operations center at
				the statewide telephone number established by the state mine inspector stating
				the facts and circumstances of the accident and providing the names and
				telephone numbers of at least two persons the operator designates who are
				knowledgeable about the accident or about the emergency operations at the
				mine.
B. Nothing in this section
				shall be construed to relieve the operator of the mine from any reporting or
				notification requirement under federal law. Notification of any other federal,
				state or local agency does not relieve the operator of its obligation to
				provide notification under Subsection A of 19.6.2.10 NMAC.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 6 - MINE SAFETY › Part 2 - EMERGENCY NOTIFICATION › Section 19.6.2.12 - INVESTIGATION TO PROVIDE TIMELY NOTICE OF AN ACCIDENT

Current through Register Vol. 35, No. 13, July 16, 2024
A. The state mine inspector shall lead the
				investigation if a timely notice of an accident was or was not provided and
				determine if a civil penalty should be imposed as required in
				19.6.2.11
				NMAC,
B. In the event the position
				of the state mine inspector is vacant, or during an extended absence of the
				state mine inspector, in order to provide a timely determination of compliance
				of emergency notification, a deputy state mine inspector shall lead the
				investigation and determine if a civil penalty should be imposed as outlined
				in
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 6 - MINE SAFETY › Part 3 - MINE SAFETY FOR UNDERGROUND WORKERS › Section 19.6.3.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
All persons subject to NMSA 1978, Section
				  69-5-1 et seq
				  and Sections
				  69-8-1 et
				  seq.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 6 - MINE SAFETY › Part 3 - MINE SAFETY FOR UNDERGROUND WORKERS › Section 19.6.3.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
NMSA 1978, Section
				  69-5-1 et seq
				  and Sections
				  69-8-1 et
				  seq.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 6 - MINE SAFETY › Part 3 - MINE SAFETY FOR UNDERGROUND WORKERS › Section 19.6.3.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
December 31, 2006, unless a later date is cited at the end of
				  a section.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 6 - MINE SAFETY › Part 3 - MINE SAFETY FOR UNDERGROUND WORKERS › Section 19.6.3.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of Part 3 of 19.6 NMAC is to establish general
				  requirements for all underground mine workers.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 6 - MINE SAFETY › Part 3 - MINE SAFETY FOR UNDERGROUND WORKERS › Section 19.6.3.8 - REQUIREMENTS FOR UNDERGROUND MINE WORKERS

Current through Register Vol. 35, No. 13, July 16, 2024
A. No mine employee or other person shall
				remove, displace, damage, destroy, carry off or fail to use any safety device,
				safeguard notice or warning, provided for use in any mine employment or place
				of mine employment, or interfere in any way with the use thereof by any other
				person, or interfere with the use of any method or process adopted for the
				protection of any mine employee, in such employment or place of employment, or
				fail or neglect to follow and obey safety orders promulgated by the mine
				operator or mine inspector, and to do every other thing reasonably necessary to
				protect the life, health, safety and welfare of employees, including himself.
				This being a state law, violation of this act constitutes a
				misdemeanor.
B. No miner or other
				person shall carry into a mine intoxicating liquors or alcoholic beverages or
				any controlled substances or enter the mine under the influence of intoxicating
				liquor or controlled substances. This being a state law, violation constitutes
				a crime punishable by fine or imprisonment, or both.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 6 - MINE SAFETY › Part 4 - CERTIFICATION OF COAL MINE OFFICIALS › Section 19.6.4.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
All persons subject to NMSA 1978, Article 14, Qualifications
				  and Duties of Coal Mine Officials.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 6 - MINE SAFETY › Part 4 - CERTIFICATION OF COAL MINE OFFICIALS › Section 19.6.4.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Section
				  69-5-1
et seq.
, Section
				  69-8-1
et seq
., and Section
				  69-14-1
et seq
., NMSA 1978.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 6 - MINE SAFETY › Part 4 - CERTIFICATION OF COAL MINE OFFICIALS › Section 19.6.4.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
May 3, 2022, unless a later date is cited at the end of a
				  section.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 6 - MINE SAFETY › Part 4 - CERTIFICATION OF COAL MINE OFFICIALS › Section 19.6.4.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of 19.6.4 NMAC is to establish rules pertaining
				  to the certification of coal mine officials. Officials include, but are not
				  limited to, mine examiners, underground mine foreman and surface mine foreman.
				  Officials must obtain certification from the state mine inspector as required
				  in Section
				  69-14-1
				  NMSA 1978. NMSA Chapter 69, Article 14 also requires certain qualifications,
				  that testing must be conducted, requires recertification and lists discipline
				  procedures.