New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 31 - CLASSIFICATION AND DESIGN STANDARDS FOR HIGHWAYS › Part 6 - STATE HIGHWAY ACCESS MANAGEMENT REQUIREMENTS › Section 18.31.6.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
A. By 18.31.6 NMAC,
				the department establishes access management requirements which will protect
				the functional integrity of the state highway system and the public and private
				investment in that system. Rule 18.31.6 NMAC, and its associated
state
				access management manual
which is attached to and filed concurrently
				with this rule, provides procedures and standards to preserve and protect the
				public health, safety and welfare, to maintain smooth traffic flow, and to
				protect the functional level of state highways while considering state,
				regional, local, and private transportation needs and interests. The access
				management requirements also consider other department regulations, policies
				and procedures related to highway rights-of-way such as drainage, archeology,
				hazardous materials and other environmental aspects.
B. Through the administration of 18.31.6
				NMAC, it is the intent of the department to work with property owners and local
				governments to provide reasonable access to the state highway system. However,
				the access rights of an owner of property abutting a state highway shall be
				held subordinate to the public's right and interest in a safe and efficient
				highway.
C. All owners of property
				abutting a public road have a right of reasonable access to the general system
				of streets and highways in the state, but not to a particular means of access.
				The right of access is subject to regulation for the purpose of protecting the
				health, safety and welfare of the traveling public.
D. Rule 18.31.6 NMAC addresses the design and
				location of driveways, medians, median openings, intersections, traffic
				signals, interchanges and other points of access to public highways under the
				jurisdiction of the state transportation commission. It is based upon the
				authority granted to the New Mexico department of transportation.
E. As of June 9, 1989, no person shall
				construct or modify any permanent or temporary access providing direct
				vehicular movement to or from any state highway from or to property in close
				proximity to or adjoining a state highway without an access permit issued by
				the New Mexico department of transportation. Within those jurisdictions where
				the local governments and authorities have returned issuing authority to the
				department, the department has sole authority to issue state highway access
				permits. However, the department will delegate the authority under 18.31.6 NMAC
				to other public agencies provided that these agencies minimally adopt the rule
				and as the department determines in its discretion as delegable.
F. Access permits shall be issued only when
				the permit application is found to be in compliance with 18.31.6 NMAC. The
				department, or other issuing authority approved by the department, is
				authorized to impose terms and conditions as necessary and convenient to meet
				the requirements of 18.31.6 NMAC.
G. Direct access from a subdivision to a
				state highway shall be permitted only if the proposed access meets the purposes
				and requirements of 18.31.6 NMAC. All new subdivision of property shall provide
				access consistent with the requirements of 18.31.6 NMAC. The provisions of
				18.31.6 NMAC shall not be deemed to deny reasonable access to the general
				street system. The issuance of any permit, agreement, plat, subdivision, plan
				or correspondence shall not abrogate or limit the regulatory powers of the
				department or issuing authority in the protection of the public's health,
				safety and welfare.