New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 5 - STATE PARKS AND RECREATION › Part 2 - PARK VISITOR PROVISIONS › Section 19.5.2.40 - SPECIAL USE PERMITS

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				division shall authorize public assemblies involving groups of more than 10
				people; public assemblies involving groups of 10 people or less that are using
				stages, platforms or structures; or special events within the state parks
				system only by special use permit and only after payment of associated fees.
				Persons shall submit applications for special use permits to the superintendent
				of the park where the special event or public assembly is proposed at least 15
				calendar days prior to the special event or public assembly, or at least 30
				calendar days prior to the special event if the special event is a regatta,
				motorboat or boat race, marine parade, tournament or exhibition. The director
				may waive the time limits for submittal of special use permit applications
				where arrangements can be made in a shorter time without placing an undue
				administrative burden on staff or when no special arrangements are
				necessary.
B. Persons shall
				complete the division-provided special use permit, which may include the park
				where the special event or public assembly is proposed; the location of the
				proposed special event or public assembly within the park; the date of the
				proposed special event or public assembly; start and end times for the proposed
				special event or public assembly; the number of people expected to attend; a
				detailed description of the proposed special event or public assembly; the
				applicant's name, address and phone number; a hold harmless requirement if the
				applicant is a non-governmental entity; insurance coverage; and designation of
				the type of proposed special event or public assembly (
i.e.
special use, marine event, park event, etc.).
C. The superintendent shall approve the
				special use permit, approve the special use permit with conditions or deny the
				special use permit as provided in 19.5.2.40 through
				19.5.2.42 NMAC. The superintendent
				shall not issue a special use permit for a period of more than 14 consecutive
				calendar days without the director's approval. The director may approve a
				special use permit for more than 14 consecutive calendar days if the event will
				exceed 14 consecutive calendar days. The park may charge fees in addition to
				the special use permit fee to cover costs of additional staff, facilities, etc.
				needed for the special event or public assembly. The division may enter into an
				agreement with the special use permittee to have the special use permittee pay
				a fee equal to the estimated fees, such as day use fees, that individuals
				attending the special event would have paid in fees in lieu of such
				fees.
D. No person shall violate a
				condition or restriction attached to or indicated on the special use permit.
				The division may revoke a permit if the permit holder violates 19.5.2 NMAC. The
				superintendent may also revoke a special use permit for any of the conditions
				that constitute grounds for denial of a special use permit as provided in
				Subsection B of
				19.5.2.41 NMAC for special events
				and Subsection B of
				19.5.2.42 NMAC for public
				assemblies, or for violation of the terms and conditions of the special use
				permit. Such a revocation shall be made in writing, with the reasons for
				revocation clearly set forth, except under emergency circumstances, when an
				immediate verbal revocation may be made to be followed by written confirmation
				within 72 hours.