reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 100 - RELATING TO OIL AND GAS LEASES › Section 19.2.100.69 - PAYMENT OF STATE ROYALTIES

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Objective and application:
(1) This Section
				shall apply to oil and condensate ("oil kind") and natural gas and natural gas
				products ("gas kind") produced and saved from state oil and gas leases and
				marketed or utilized in any manner.
(2) In order to ensure that all royalties
				have been paid, to properly account for all revenues, to promote uniformity of
				accounting and reporting, to provide for the most efficient management of state
				oil and gas leases and to comply with the intent and letter of New Mexico law,
				it is the policy of the state land office that royalties owed under state oil
				and gas leases be paid monthly on all production deemed to be produced from
				each state lease during that month.
(a) Gas
				kind:
(i) Payment on entitlement basis. For
				leases included in mixed agreements or in units or communitized tracts which do
				not contain uniform royalty rates or uniform beneficiaries, gas kind royalties
				shall be paid monthly on the production allocated to each lease under the unit
				or communitization agreement on the entitlement basis.
(ii) Payment on takes basis. For individual
				producing leases or state leases within one hundred percent state agreements
				which contain leases with uniform royalty rates and uniform beneficiaries, gas
				kind royalties shall be paid monthly on all production deemed to be produced
				from the lease on a takes basis.
(b) Oil kind: royalties on oil production are
				based on each working interest owner's proportionate share of production from
				the lease, unit or communitization agreement. As a result, no problem exists
				with regard to the current process for paying such royalties.
(3) As stated above, the purpose
				of this Section is to ensure that all royalties due under state oil and gas
				leases are paid and accounted for in a timely manner. Nothing herein relieves
				any lessee of record, operator, working interest owner or other person of any
				legal obligation to pay royalties. The commissioner of public lands reserves
				the right to seek payment of any deficient royalties from any such
				person.
(4) Effective Date. This
				policy will become effective six months after the effective date of this
				Section (the "effective date").
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 100 - RELATING TO OIL AND GAS LEASES › Section 19.2.100.70 - REPORTING AND ROYALTY RENDITION FORMS

Current through Register Vol. 35, No. 13, July 16, 2024
When oil and gas royalties are or should be remitted, as
				  described in
				  19.2.100.57
				  NMAC, the remitting person or company shall submit to the state land office a
				  remittance document and royalty reporting form adopted and made available by
				  the commissioner in accordance with the instructions for completing the
				  remittance document and royalty reporting form.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 100 - RELATING TO OIL AND GAS LEASES › Section 19.2.100.71 - TEMPORARY SHUT-IN OF OIL WELLS DUE TO SEVERE REDUCTION IN THE PRICE OF OIL

Current through Register Vol. 35, No. 13, July 16, 2024
A. Basis for
				allowing shut in of oil wells: Pursuant to Section
				19-10-6
				NMSA 1978, the commissioner has determined that, because of a severe reduction
				in the price of oil, the beneficiaries of state trust lands will be better
				served if oil wells are allowed to be temporarily shut in rather than produced
				at a low price.
B. Effective
				period:
(1) Unless extended by the
				commissioner after a subsequent notice and public hearing or terminated sooner
				by a subsequent regulation of the commissioner after finding that the price of
				oil is no longer severely reduced, 19.2.100.71 NMAC shall remain in effect for
				a period of one year from the effective date of this rule.
(2) Any termination of 19.2.100.71 NMAC
				before one year from the effective date of this rule shall not be effective
				until 30 days after the commissioner has by certified mail sent notice of such
				prospective termination to each lessee whose lease is being extended by the
				operation of this section.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 5 - STATE PARKS AND RECREATION › Part 1 - GENERAL PROVISIONS › Section 19.5.1.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
19.5.1 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 1 - GENERAL PROVISIONS › Section 19.5.1.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
19.5.1 NMAC's
				objective is to identify general provisions and definitions, which apply to
				parts in Title 19, Chapter 5.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 5 - STATE PARKS AND RECREATION › Part 2 - PARK VISITOR PROVISIONS › Section 19.5.2.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
19.5.2 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 2 - PARK VISITOR PROVISIONS › Section 19.5.2.5 - 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 2 - PARK VISITOR PROVISIONS › Section 19.5.2.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
19.5.2 NMAC's objective is to provide standards for visitor
				  use of the New Mexico state parks system in a manner that promotes public
				  health, safety and welfare and preserves park facilities and the
				  environment.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 5 - STATE PARKS AND RECREATION › Part 2 - PARK VISITOR PROVISIONS › Section 19.5.2.7 - 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 2 - PARK VISITOR PROVISIONS › Section 19.5.2.8 - DELEGATION

Current through Register Vol. 35, No. 13, July 16, 2024
The secretary delegates concurrent authority to the director
				  as contained in NMSA 1978, Section 16-2-32(B), (E) and (F).
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 5 - STATE PARKS AND RECREATION › Part 2 - PARK VISITOR PROVISIONS › Section 19.5.2.9 - RESTRICTED AREAS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Access to
				parks, both land and water, shall be open to the public, except that each
				superintendent may close an area or facility by posting or otherwise
				designating the area as closed to entry. A superintendent may close an area for
				no more than five consecutive days without the director's approval. The
				superintendent shall ensure areas designated for seasonal closure are posted
				indicating the closure period.
B.
				The superintendent may set a visitor capacity limit for a park or areas within
				a park. State park officials shall enforce each park's visitor capacity to
				protect visitors and to prevent damage to the park's natural or cultural
				resources. Once capacity is reached, state park officials shall not admit
				additional visitors until some of the visitors already there have
				left.
C. The superintendent may
				restrict or prohibit activities in certain areas of a park by posting or
				otherwise designating the prohibition or restriction.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 5 - STATE PARKS AND RECREATION › Part 2 - PARK VISITOR PROVISIONS › Section 19.5.2.10 - HOURS

Current through Register Vol. 35, No. 13, July 16, 2024
The director or the director designee establishes opening and
				  closing times for every area and facility of the state parks system. Hours are
				  posted at the established park entrances, offices or pay
				  stations.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 5 - STATE PARKS AND RECREATION › Part 2 - PARK VISITOR PROVISIONS › Section 19.5.2.11 - DAY USE

Current through Register Vol. 35, No. 13, July 16, 2024
A. Day use of a
				park area is from 6:00 a.m. to 9:00 p.m. unless the superintendent posts
				different hours or extends hours for special programs or events. Visitors shall
				pay day-use fees upon entering the park. See 19.5.6 NMAC.
B. The division may designate areas solely
				for day use to exclude camping.
C.
				Visitors shall maintain sites in parks in a clean and sanitary condition at all
				times.
D. Visitors shall clean the
				site and dispose of trash and litter in appropriate waste
				receptacles.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 5 - STATE PARKS AND RECREATION › Part 2 - PARK VISITOR PROVISIONS › Section 19.5.2.13 - USE OF FACILITIES

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Facilities are available on a first come, first served basis except at parks
				where the division has established a reservation program and a visitor has
				reserved the facility. Campers shall not save or reserve camping spaces for
				other individuals even by purchasing additional permits.
B. Visitors using a park facility shall keep
				it in a clean and sanitary manner and shall leave it in a clean and sanitary
				condition.
C. Glass containers are
				prohibited outside vehicles, motor homes, campers, trailers and tents within
				the state parks system except on established commercial premises.
D. The division has developed and designated
				special accessible facilities for the use of individuals with disabilities.
				Individuals with disabilities shall have preferential use of these facilities
				over other persons.
E. Visitors
				shall not remove water from the park for use outside the park or deposit trash
				generated outside the park within a park.
F. Advance reservations are required for the
				use of meeting rooms. Meeting rooms are not available at all parks. A person
				who reserves a meeting room is responsible for setting up the room, cleaning
				the room after use and leaving the room in the same condition it was in before
				use. See 19.5.6 NMAC for meeting room fees.
G. The director may designate areas within
				the state parks system including campsites, group shelters, group areas,
				cabins, yurts and lodges for use by reservation.
H. Advance reservations are required for the
				use of group shelters, group areas or reservation campsites. Visitors shall pay
				the appropriate day use or camping fees in addition to the fees for use of the
				facility or area. If visitors make reservations through the division's
				reservation system contractor, visitors shall pay the reservation processing
				and cancellation fees the contractor charges. The division may accept annual
				permits at reservation campsites if posted. See 19.5.6 NMAC for group shelter
				fees.
I. The superintendent may
				restrict the number or size of tents, shade or screen shelters occupying a
				campsite or day use site by posting the restriction or restrictions in the
				affected area or areas.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 5 - STATE PARKS AND RECREATION › Part 2 - PARK VISITOR PROVISIONS › Section 19.5.2.14 - PARKING

Current through Register Vol. 35, No. 13, July 16, 2024
A. Visitors shall
				park vehicles, camping units or trailers only in established parking areas or
				parking turnouts where provided. Visitors shall not park any vehicle, camping
				unit or trailer in a manner that blocks access, restricts traffic or inhibits
				the free movement of other vehicles, persons or wheelchairs. Visitors shall not
				leave a trailer, boat or vessel that is not attached to a vehicle in parking
				areas or parking turnouts for a period of more than 72 hours without prior
				approval of the superintendent. At the superintendent's discretion, the
				division may remove vehicles so parked at the owner's expense.
B. Visitors shall not park a vehicle, camping
				unit or trailer in a designated disabled parking space unless the visitor's
				vehicle has registration plates or a state-issued placard indicating
				disability.
C. The superintendent
				may restrict the number or size of vehicles, camping units or trailers
				occupying a campsite, day use site or parking area by posting the restriction
				or restrictions in the affected area or areas.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 5 - STATE PARKS AND RECREATION › Part 2 - PARK VISITOR PROVISIONS › Section 19.5.2.15 - VEHICLE TRAFFIC

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Visitors shall drive vehicles within the state parks system only on established
				roads or areas authorized for vehicle traffic. Visitors shall operate vehicles
				at speeds at or below the posted limit and in a manner that is reasonable and
				prudent, with due regard for traffic, pedestrians and road surface conditions
				and width.
(1) Visitors shall not operate
				vehicles in a manner that endangers the safety of persons, property or
				wildlife.
(2) Visitors shall not
				operate vehicles at speeds greater than the posted limit and shall not exceed
				30 miles per hour where no limit is posted.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 5 - STATE PARKS AND RECREATION › Part 2 - PARK VISITOR PROVISIONS › Section 19.5.2.16 - OFF-HIGHWAY MOTOR VEHICLES AND GOLF CARS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Visitors shall not operate off-highway
				motor vehicles or golf cars in the state parks system, with the exception of
				persons with mobility disabilities as provided in Subsection D of 19.5.2.16
				NMAC or as provided in Subsection F of 19.5.2.16 NMAC for ice
				fishing.
B. State park officials
				may use off-highway motor vehicles or golf cars for park operations and
				maintenance.
C. The park
				superintendent may approve the use of golf cars by concessionaires within
				certain areas of a park for concession operations and maintenance.
D. Other power-driven mobility devices may
				only be used by visitors with mobility disabilities on established roads,
				pathways, trails and other areas open to pedestrian use. The use of other
				power-driven mobility devices is subject to more stringent laws or rules or
				regulations of a landowner (
e.g.
United States department of
				the interior, bureau of reclamation; New Mexico department of game and fish;
				United States army corps of engineers, New Mexico state land office, etc.) from
				which the division leases the land or reservoir. Visitors and state park
				officials shall comply with laws or regulations or rules of the landowner
				(
e.g.
United States department of the interior, bureau of
				reclamation) where applicable. Visitors shall consult park information provided
				at the park office and on the division's official website to determine
				limitations on park pathways, trails and other areas open to pedestrian use. To
				ensure protection of park resources, visitor safety and enjoyment:
(1) only other power-driven mobility devices
				not exceeding 36 inches in width and 62 inches in length are permitted on park
				pathways, trails and other areas open to pedestrian use;
(2) certain park pathways, trails and other
				areas open to pedestrian use may have other size limitations, or use of other
				power-driven mobility devices on certain park pathways, trails and other areas
				open to pedestrian use may be prohibited, as designated at the park office and
				on the division's official website;
(3) internal combustion engine devices are
				prohibited on park pathways, trails and other areas open to pedestrian
				use;
(4) maximum speed on park
				pathways, trails and other areas open to pedestrian use shall not exceed 10
				miles per hour;
(5) the use of
				other power-driven mobility devices on park pathways, trails and other areas
				open to pedestrian use that produces noise that exceeds 96 decibels when
				measured using test procedures established by the society of automotive
				engineers pursuant to standard J1287 is prohibited.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 5 - STATE PARKS AND RECREATION › Part 2 - PARK VISITOR PROVISIONS › Section 19.5.2.17 - SPARK ARRESTORS

Current through Register Vol. 35, No. 13, July 16, 2024
Internal or external combustion engines shall be equipped
				  with a properly installed, maintained and functioning spark arrestor meeting
				  either the:
A. United States
				department of agriculture, forest service standard 5100 (as amended);
				or
B. appropriate society of
				automotive engineers recommended practice J335(b) or J350(a).
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 5 - STATE PARKS AND RECREATION › Part 2 - PARK VISITOR PROVISIONS › Section 19.5.2.18 - SWIMMING

Current through Register Vol. 35, No. 13, July 16, 2024
Swimming shall be at the swimmer's own risk. Swimming is
				  prohibited within 150 feet of marinas, fishing piers, docks, ramps, dams or as
				  otherwise posted. Visitors using air mattresses, inner tubes, surfboards, sail
				  or wind, styrofoam flotation devices, paddleboards or other similar articles
				  shall wear a United States coast guard approved personal flotation device or a
				  flotation assist device. Swimming may be subject to more stringent laws or
				  rules or regulations of a landowner (
e.g.
United States
				  department of the interior, bureau of reclamation) from which the division
				  leases the land or reservoir.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 5 - STATE PARKS AND RECREATION › Part 2 - PARK VISITOR PROVISIONS › Section 19.5.2.19 - SKIN OR SCUBA DIVING

Current through Register Vol. 35, No. 13, July 16, 2024
A. Skin
				or scuba diving is at the diver's own risk and is prohibited within 150 feet of
				marinas, fishing piers, docks, ramps or dams except for official activities and
				in other areas the superintendent designates. Skin or scuba diving may be
				subject to more stringent laws or rules or regulations of a landowner
				(
e.g.
United States department of the interior, bureau of
				reclamation) from which the division leases the land or reservoir.
B. The division permits scuba diving only in
				groups of two or more divers. An additional scuba diver or competent
				diver-tender shall remain above water at all times.
C. Equipment such as tanks, weight belts,
				etc. shall be equipped with quick-release fasteners.
D. Scuba divers shall be equipped with a
				buoyancy compensator. Scuba divers shall only use self-inflated, air supplied
				canister, or tank inflated, direct connection to the tank supplied
				air.
E. Divers shall use a diver's
				flag to mark the point of submergence. Divers shall fly the diver's flag from a
				boat or flotation device while diving. The flag shall be red with a white
				diagonal stripe running from the upper left corner to the lower right
				corner.
F. Boats or vessels shall
				stay at least 150 feet away from a diver's flag and shall exercise special care
				in the diver's flags' vicinity.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 5 - STATE PARKS AND RECREATION › Part 2 - PARK VISITOR PROVISIONS › Section 19.5.2.20 - HORSEBACK RIDING

Current through Register Vol. 35, No. 13, July 16, 2024
A. Visitors
				shall not ride, stable or maintain horses except in designated areas within the
				state parks system or without prior approval of the superintendent.
B. Visitors shall not use or possess hay or
				feed in parks located on state game commission property, including Clayton Lake
				state park, Fenton Lake state park, Cimarron Canyon state park, Mesilla Valley
				state park and Eagle Nest Lake state park, or United States department of the
				interior, bureau of reclamation property, including Navajo Lake state park,
				Heron Lake state park, El Vado Lake state park, Elephant Butte Lake state park,
				Caballo Lake state park, Percha Dam state park, Leasburg Dam state park, Sumner
				Lake state park and Brantley Lake state park, that is not certified as weed
				free by the New Mexico state university's certified weed free forage program or
				another governmental entity's certified weed free forage program.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 5 - STATE PARKS AND RECREATION › Part 2 - PARK VISITOR PROVISIONS › Section 19.5.2.21 - FIREARMS AND BOWS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Visitors
				shall not possess firearms with a cartridge in any portion of the mechanisam
				except:
(1) a legally licensed hunter during
				a designated hunting season and within park areas designated as open to hunting
				for the species the hunter is licensed to hunt;
(2) on duty law enforcement
				officials;
(3) persons with a valid
				concealed handgun license issued to them pursuant to the Concealed Handgun
				Carry Act, NMSA 1978, Section
				29-19-1
et seq
.;
(4)
				persons with a concealed handgun license issued to them by a state that has a
				valid concealed handgun reciprocity agreement with the state on New Mexico;
				or
(5) persons carrying a firearm
				in a private vehicle or other private means of conveyance, for lawful
				protection of the person's or another's person or property.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 5 - STATE PARKS AND RECREATION › Part 2 - PARK VISITOR PROVISIONS › Section 19.5.2.22 - ICE-SKATING AND ICE-FISHING

Current through Register Vol. 35, No. 13, July 16, 2024
Visitors may ice-skate or ice-fish within parks at their own
				  risk. Superintendents may prohibit or limit these activities as conditions
				  require. Ice-fishing is permitted as regulated by the state game commission.
				  Visitors shall not cut holes in the ice for ice-fishing larger than 12 inches
				  in diameter.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 5 - STATE PARKS AND RECREATION › Part 2 - PARK VISITOR PROVISIONS › Section 19.5.2.23 - LETTER BOXING AND GEOCACHING

Current through Register Vol. 35, No. 13, July 16, 2024
Visitors shall not conduct letter boxing or geocaching
				  activities in parks without the superintendent's written
				  permission.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 5 - STATE PARKS AND RECREATION › Part 2 - PARK VISITOR PROVISIONS › Section 19.5.2.24 - METAL DETECTING

Current through Register Vol. 35, No. 13, July 16, 2024
Metal detecting within a state park is prohibited unless a
				  visitor obtains the superintendent's permission to use metal detectors for
				  scientific activities such as projects permitted through the New Mexico
				  cultural properties review committee or to retrieve lost
				  items.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 5 - STATE PARKS AND RECREATION › Part 2 - PARK VISITOR PROVISIONS › Section 19.5.2.25 - ROCK COLLECTING

Current through Register Vol. 35, No. 13, July 16, 2024
A. Rock
				collecting is permissable in areas designated by the secretary and posted at
				the rockhound unit of Rockhound state park.
B. Rocks removed from Rockhound state park
				shall be as souvernirs only, not for resale, trade or commercial use.
C. Rock collecting is limited to small hand
				tools only. The following are prohibited: mechanical or motorized tools and
				equipment, tools with a handle longer than 12 inches, wheeled devices such as
				wheelbarrows, carts or wagons.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 5 - STATE PARKS AND RECREATION › Part 2 - PARK VISITOR PROVISIONS › Section 19.5.2.26 - NOISE LIMITATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Park
				"quiet hours" begin at 10:00 p.m. and end at 7:00 a.m. Visitors shall not
				operate generators, radios or unmuffled vehicles or engage in other loud
				activity during this time period.
B. Except in case of an emergency, creation
				of loud noise through the use of a loudspeaker requires the superintendent's
				advance written approval. Visitors shall operate radios, tape players or other
				sound producing devices at a reasonable level during non-quiet hours so as not
				to disturb other visitors.
C.
				Visitors shall not use fireworks within parks without the superintendent's
				advance written approval. Use or possession of fireworks may be prohibited by
				the landowner (
e.g.
United States department of the interior,
				bureau of reclamation) from which the division leases the land or
				reservoir.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 5 - STATE PARKS AND RECREATION › Part 2 - PARK VISITOR PROVISIONS › Section 19.5.2.27 - CONDUCT

Current through Register Vol. 35, No. 13, July 16, 2024
A. Visitors are
				encouraged to enjoy park experiences without infringing upon other visitors'
				ability to enjoy the same experiences. Visitors shall not engage in
				threatening, abusive, boisterous, insulting or indecent language or
				behavior.
B. Visitors shall not
				solicit, gamble or illegally discriminate.
C. Visitors shall not evade, disobey or
				resist a state park official's lawful order.
D. Parents, guardians or other adults in
				charge shall exercise constant direct supervision of minor children or adults
				who do not possess the intelligence or awareness to recognize possible
				danger.
E. Law enforcement officers
				may forcibly eject a person who violates a state law or a department rule or a
				person who evades, disobeys or resists a state park official's lawful order
				from a park. Based on the severity of conduct or reported incident,
i.e.
, threatening or intimidating conduct toward visitors or park
				staff, the ejection may be permanent.
(1)
				Permanent ejection requires the regional manager to issue written notification
				to the person being permanently ejected.
(2) To request review of a permanent ejection
				a regional manager issues, an individual ejected from a park or parks shall
				submit a written request including the reasons for requesting review to the
				director within 15 calendar days of issuance and provide written notice to the
				regional manager.
(3) The regional
				manager and the ejected individual shall submit written statements to the
				director within 10 working days of the submission of the request for
				review.
(4) The director shall base
				his or her decision on the written statements unless the ejected individual or
				the regional manager requests the opportunity to call witnesses or make oral
				arguments within 10 working days of the request for review.
(5) A request for hearing shall explain the
				need for any witness testimony or oral argument. If the ejected individual or
				regional manager asks to make oral arguments or call witnesses, the director
				may set a hearing to be held within 10 working days after receiving that
				request and provide notice of the hearing date, time and location to the
				regional manager and the ejected individual. Oral testimony shall be made under
				oath. A tape or stenographic record shall be made of any oral argument or
				witness testimony.
(6) The director
				shall issue a written final decision, including findings of fact within 10
				working days after the date for submission of written statements, or a hearing
				if any, and send copies to the ejected individual and the regional
				manager.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 5 - STATE PARKS AND RECREATION › Part 2 - PARK VISITOR PROVISIONS › Section 19.5.2.28 - ANIMALS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Visitors with
				dogs, cats or other domestic animals in areas of the state parks system shall
				control their animals, so as not to cause a nuisance to others. Visitors shall
				ensure their animals are vaccinated in accordance with applicable municipal or
				county ordinances and state laws.
B. Visitors shall pick up after their animals
				and shall maintain the area in a clean and sanitary condition.
C. Visitors shall restrain dogs on leashes
				that are not more than 10 feet in length, except in areas the superintendent
				designates. Subsection C of 19.5.2.28 NMAC does not apply to dogs being used in
				authorized activities such as field trials, retriever training or hunting.
				Visitors shall otherwise restrain their animals other than dogs to keep them
				from roaming freely within the parks.
D. Visitors shall prevent their animals from
				excessive barking, howling and making loud noises. Visitors shall prevent their
				animals from biting or attacking any person or destroying property. Visitors
				shall not leave their animals unattended in vehicles or campsites.
E. Animals are prohibited, except service
				animals, within visitor centers and at the following parks:
(1) Rio Grande Nature Center state
				park;
(2) Living Desert Zoo and
				Gardens state park; and
(3) Smokey
				Bear historical park.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 5 - STATE PARKS AND RECREATION › Part 2 - PARK VISITOR PROVISIONS › Section 19.5.2.29 - LITTERING

Current through Register Vol. 35, No. 13, July 16, 2024
A. Visitors shall
				not dispose of commercial or construction waste, appliances or furnishings
				within a park.
B. Visitors shall
				not dispose of solid or liquid waste in the state parks system, except in
				receptacles provided for that purpose.
C. The superintendent may designate and post
				an area or an entire park as pack-in, pack-out, where visitors are responsible
				for properly disposing their solid waste outside of the designated area or
				park.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 5 - STATE PARKS AND RECREATION › Part 2 - PARK VISITOR PROVISIONS › Section 19.5.2.30 - ABANDONED PROPERTY

Current through Register Vol. 35, No. 13, July 16, 2024
Unless the visitor has obtained the superintendent's prior
				  written permission, personal property left in any park for longer than 14
				  calendar days shall be deemed abandoned. State park officials shall remove
				  property deemed abandoned at the owner's expense and dispose of it as provided
				  by law.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 5 - STATE PARKS AND RECREATION › Part 2 - PARK VISITOR PROVISIONS › Section 19.5.2.31 - PROHIBITION OF ALCOHOLIC BEVERAGES

Current through Register Vol. 35, No. 13, July 16, 2024
The director may prohibit alcohol consumption or possession
				  within a park or a designated area within a park and the superintendent shall
				  post notice of the prohibition.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 5 - STATE PARKS AND RECREATION › Part 2 - PARK VISITOR PROVISIONS › Section 19.5.2.32 - FEES AND CHARGES

Current through Register Vol. 35, No. 13, July 16, 2024
A. Upon
				entering a park, visitors shall pay fees and charges in accordance with 19.5.6
				NMAC. The visitor shall display applicable permits in accordance with
				instructions provided with the permit. If a visitor fails to obtain a permit,
				state park officials may field collect fees.
B. Fees, charges and permit display
				requirements do not apply to:
(1) government
				agencies or government officials or employees, including law enforcement and
				emergency service personnel, who are performing official duties (official
				duties do not include activities that do not have to occur in a park such as
				conferences, retreats or training);
(2) non-governmental emergency service
				personnel, such as private ambulance companies, who are performing their
				official duties;
(3) persons
				traveling nonstop through a park on a state or federal highway, county road,
				federal road or municipal road or street;
(4) on duty news media personnel who are
				reporting on events or activities within a park and are only in the park to
				report on those events or activities; or
(5) individuals or groups who are entering
				the park to provide volunteer services and have signed a volunteer agreement
				with the division or have made arrangements with the division to provide
				volunteer services.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 5 - STATE PARKS AND RECREATION › Part 2 - PARK VISITOR PROVISIONS › Section 19.5.2.34 - DAY USE AND CAMPING PERMITS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Day
				use permits.
(1) Day use permits authorize
				visitors to use park facilities that do not require other fees, such as meeting
				rooms or group shelters, from 6:00 a.m. to 9:00 p.m.; unless the superintendent
				has posted different hours.
(2)
				When purchasing the day use permit visitors shall comply with the instructions
				on the permit and provide, as requested, their name, address and vehicle
				license number as well as the date of purchase and the amount enclosed and, if
				applicable, their site number. Visitors shall indicate that they are only
				paying for day use.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 5 - STATE PARKS AND RECREATION › Part 2 - PARK VISITOR PROVISIONS › Section 19.5.2.35 - ANNUAL PERMITS AND PASSES

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Annual day use passes.
(1) Annual day use
				passes authorize the vehicle owner or individual to access and use the park at
				no additional charge during the times indicated in 19.5.2.11 NMAC. Visitors may
				use annual day use passes at all parks, except at the Living Desert Zoo and
				Gardens state park and Smokey Bear historical park.
(2) When purchasing an annual day use pass
				visitors shall comply with the instructions on the pass and provide their name
				and address.
(3) The division does
				not issue extra vehicle passes for annual day use passes.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 5 - STATE PARKS AND RECREATION › Part 2 - PARK VISITOR PROVISIONS › Section 19.5.2.36 - DISABLED VETERANS PASSES

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Disabled veterans camping passes.
(1) A
				disabled veterans camping pass authorizes New Mexico resident veterans with a
				50% or greater service-connected disability to camp at a park at no charge for
				three nights, consecutive or non-consecutive, within a 12-month
				period.
(2) To obtain the three
				one-night passes, an eligible veteran shall apply with the New Mexico
				department of veterans services for certification that verifies the veteran's
				disability and residency (current address) and that the New Mexico department
				of veterans services forwards to the division.
(3) Disabled veterans may obtain replacement
				camping passes and stickers by submitting a signed affidavit describing the
				facts of the issuance and loss or destruction of the pass and, if available,
				the original pass or proof of issuance.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 5 - STATE PARKS AND RECREATION › Part 2 - PARK VISITOR PROVISIONS › Section 19.5.2.37 - VETERANS' DAY

Current through Register Vol. 35, No. 13, July 16, 2024
On the federally designated legal holiday known as Veterans'
				  day any New Mexico resident who provides satisfactory proof that the resident
				  is currently serving or has served in the United States armed forces, and the
				  resident's spouse and dependent children are entitled to free use of any park
				  including the waiving of all day use, camping or other fees.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 5 - STATE PARKS AND RECREATION › Part 2 - PARK VISITOR PROVISIONS › Section 19.5.2.38 - FOSTER FAMILIES

Current through Register Vol. 35, No. 13, July 16, 2024
Foster parents and children in their custody who are New
				  Mexico residents are entitled to free day use of parks. To obtain a free annual
				  day use pass for entry to parks the foster parent shall present a current New
				  Mexico driver's license or other state of New Mexico issued photo
				  identification and a current New Mexico children, youth and families department
				  foster parent certification card.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 5 - STATE PARKS AND RECREATION › Part 2 - PARK VISITOR PROVISIONS › Section 19.5.2.39 - PARK PASSES

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Concessionaires. The director or director designee (see Subsection Q of 19.5.7
				NMAC) may issue park passes to concessionaires, concession permittees or their
				employees or commercial contractors, suppliers and agents for access to and
				from the concession. Concessionaires, concession permittees or their employees
				or commercial contractors, suppliers and agents using the park, lake or
				facilities away from the concession premise shall pay the appropriate
				fees.
B. Contractors. The director
				or director designee (see Subsection Q of
				19.5.1.7 NMAC) may issue park
				passes to division contractors, suppliers or agents or other persons providing
				services to a park for access to the park. Division contractors, suppliers or
				agents or other persons providing services to a park using the park or its
				facilities for purposes other than providing services to a park shall pay the
				appropriate fees.
C. Access to
				private property. The director or director designee may issue park passes to
				persons needing to pass through a park to access private property. Persons with
				such park passes shall only use the park passes to travel through the park. If
				they use the park or its facilities they shall pay the appropriate
				fees.
D. Park support groups and
				volunteers. The director or director designee may issue park passes to
				individuals who are members of a park support group that has entered into an
				agreement with the department or, as provided in division policy, to volunteers
				who significantly contribute to the division.
E. Complimentary park passes. The director or
				director designee (see Subsection Q of
				19.5.1.7 NMAC) may issue
				complimentary passes as rainchecks to visitors for unused services or to
				resolve visitor complaints about park operation or maintenance.
F. Official use passes. The director may
				issue "official use only" passes to state government executive branch officials
				with direct oversight of the division, park advisory board members and state
				legislators for the performance of their official duties.
G. Advertising and promotions. To promote the
				parks or in exchange for advertising or promotion of parks, the director may
				issue free or discounted park passes or not charge fees if the director obtains
				the secretary's approval after the division provides the secretary with written
				justification showing that the issuance of park passes for promotion or
				advertising or not charging fees for promotional purposes provides a benefit to
				the division. Reduced rates for advertising must be equal to or exceed the
				value of the park passes that the division provides in exchange for receiving
				the reduced rates.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 5 - STATE PARKS AND RECREATION › Part 2 - PARK VISITOR PROVISIONS › Section 19.5.2.41 - SPECIAL EVENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Special
				events are allowed in a park if the applicant has obtained a special use permit
				from the superintendent.
B. The
				superintendent shall deny a special use permit if such activities would:
(1) cause injury or damage to park
				resources;
(2) be contrary to the
				purposes for which the park is established or operated; or unreasonably impair
				the purposes for which the park is established or operated;
(3) unreasonably interfere with interpretive,
				visitor service or other program activities, or with the division's
				administrative activities;
(4)
				substantially impair the operation of the division's public use facilities or
				services of concessionaires or contractors;
(5) present a danger to the public health and
				safety;
(6) result in significant
				conflict with other existing uses; or
(7) not comply with the laws or policies of
				the landowner (
e.g.
United States department of the interior,
				bureau of reclamation; New Mexico department of game and fish; United States
				army corps of engineers, New Mexico state land office, etc.).
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 5 - STATE PARKS AND RECREATION › Part 2 - PARK VISITOR PROVISIONS › Section 19.5.2.42 - PUBLIC ASSEMBLIES, MEETINGS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Public assemblies, meetings, gatherings,
				demonstrations, parades and other public expressions of views are allowed
				within parks. A special use permit issued by the park superintendent is
				required for public assemblies, meetings, gatherings, demonstrations, parades
				and other public expressions of views that involve groups of:
(1) more than 10 people; or
(2) 10 people or less who are using stages,
				platforms or structures.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 5 - STATE PARKS AND RECREATION › Part 2 - PARK VISITOR PROVISIONS › Section 19.5.2.43 - RESEARCH AND COLLECTIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Academic research activities, including plant and animal collecting, are
				allowed in a park if the person or entity has obtained a research permit
				through the division's resource program.
B. The division shall deny a research permit
				if such activities would:
(1) cause undue
				injury or damage to park resources;
(2) be contrary to the purposes for which the
				park is established or operated; or unreasonably impair the purposes for which
				the park is established or operated;
(3) unreasonably interfere with interpretive,
				visitor service or other program activities, or with the division's
				administrative activities;
(4)
				substantially impair the operation of the division's public use facilities or
				services of concessionaires or contractors;
(5) present a danger to the public health and
				safety;
(6) result in significant
				conflict with other existing uses;
(7) not comply with the laws or policies of
				the landowner (
e.g.
United States department of the interior,
				bureau of reclamation; New Mexico department of game and fish; United States
				army corps of engineers; New Mexico state land office, etc.); or
(8) not comply with federal or state laws
				concerning threatened and endangered species or cultural resources.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 5 - STATE PARKS AND RECREATION › Part 3 - PARK MANAGEMENT AND DEVELOPMENT PLAN › Section 19.5.3.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
19.5.3 NMAC applies to the division and the general
				  public.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 5 - STATE PARKS AND RECREATION › Part 3 - PARK MANAGEMENT AND DEVELOPMENT PLAN › Section 19.5.3.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
19.5.3 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 3 - PARK MANAGEMENT AND DEVELOPMENT PLAN › Section 19.5.3.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
December 31, 1996, 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 3 - PARK MANAGEMENT AND DEVELOPMENT PLAN › Section 19.5.3.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
19.5.3 NMAC's objective is to provide direction for the
				  management and development of the parks in the New Mexico state parks system in
				  a manner that enhances recreational opportunities, protects park resources,
				  provides for public input and protects the environment.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 5 - STATE PARKS AND RECREATION › Part 3 - PARK MANAGEMENT AND DEVELOPMENT PLAN › Section 19.5.3.7 - 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 3 - PARK MANAGEMENT AND DEVELOPMENT PLAN › Section 19.5.3.8 - REQUIREMENT

Current through Register Vol. 35, No. 13, July 16, 2024
Each park shall establish a park management and development
				  plan and conform to the plan at all times except in cases of emergency in order
				  to protect life or property. This requirement shall not prevent the director or
				  secretary from making and implementing policy decisions concerning a park's
				  management and operation if a plan is not in place and shall not require an
				  existing plan to be amended before such policy decision is made and
				  implemented.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 5 - STATE PARKS AND RECREATION › Part 3 - PARK MANAGEMENT AND DEVELOPMENT PLAN › Section 19.5.3.9 - CONTENT OF PARK MANAGEMENT AND DEVELOPMENT PLANS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Park management and development plans
				shall address at a minimum:
(1) the park's
				mission and goals;
(2) park
				operational and management programs that:
(a)
				identify how public use facilities, support facilities and infrastructure are
				maintained;
(b) identify how the
				division manages the park to provide recreation opportunities and to protect
				park resources and visitors; and
(c) provide for the park's
				administration;
(3)
				current and future concessions at the park; and
(4) expansion and development concepts that
				identify future capital improvement needs to facilities, structures and
				recreational use areas.
New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 5 - STATE PARKS AND RECREATION › Part 3 - PARK MANAGEMENT AND DEVELOPMENT PLAN › Section 19.5.3.10 - PUBLIC COMMENT

Current through Register Vol. 35, No. 13, July 16, 2024
The park management and development plan shall be available
				  for public comment for 30 calendar days before the division implements or
				  modifies it. The division shall publish a public notice in a newspaper of
				  general circulation in the park's localityand mail it to persons who have made
				  a written request for advance notice at least 30 calendar days before the
				  division implements or modifies a park management and development
				  plan.