New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 35 - CAPTIVE WILDLIFE USES › Part 9 - CLASS A PARK AND LAKES › Section 19.35.9.14 - CLASS A PARK AND LAKE AND CLASS A -AQUACULTURE/RECIRCULATING WATER SYSTEM FACILITY DESIGN, INSPECTION AND RECORDS

Current through Register Vol. 35, No. 13, July 16, 2024
A.Park enclosure: each class A park facility
				shall, at a minimum, conform to all rules listed below and on the application:
(1) no park shall exceed 3200 acres. Any
				additional acres will result in another class A park and will be considered as
				a separate park. All conditions of application and renewal shall be adhered
				to;
(2) fence height shall be at
				least eight feet (8') from ground level to the top wire or fence top for all
				new class A parks and for all parks participating in the state herd
				certification program. Fence shall be continuous from bottom to top, even if
				multiple layers must be used. Current class A parks with seven and one half
				foot (7.5') fences will not have to meet this requirement unless they apply for
				certification;
(3) fence wire must
				be a woven wire mesh, consisting of a top and bottom wire at least 12 gauge or
				its equivalent. Mesh measures shall not exceed six inch by seven inch (6"X7")
				openings;
(4) fence wire shall be
				taught enough to not allow bottom or top wire mesh to be pushed or maneuvered
				up or out of the way by force. If this occurs wire must either be re-stretched
				or bolstered in some other permanent fashion;
(5) fence wire must be maintained securely
				four inches (4") or less to the ground. Any fencing that is found to be greater
				than four inches (4") above the ground shall not constitute a proper fence and
				shall be aproned with permanent material;
(6) all fences must be securely fastened to
				the posts;
(7) barbed wire may be
				used on the bottom or top horizontal wires at the owner's discretion;
(8) posts shall be metal "T" posts, pipe or
				wooden (at least three and one half inches (3.5") in diameter; and must be
				pressure treated with a preservative);
(9) posts shall be set firmly in the ground
				and not subject to dislodging;
(10)
				posts shall be spaced at intervals not to exceed 18 feet (18') with T-posts or
				wood; or not to exceed 20 feet (20') on metal pipe;
(11) perimeter gates shall be constructed to
				at least the same specification as fence; mesh and height with no more than
				four inches (4") from ground to gate bottom;
(12) all water gaps and arroyos shall be
				constructed to withstand normal flooding and maintain enclosure;
(13) all fence right-of-ways shall be cleared
				for a distance of eight feet (8') on each side of the fence and all dead timber
				with a height greater than the distance to the fence shall be felled;
(14) class A park fences shall be constantly
				maintained as described above, if found out of compliance, the owner or his
				designee shall immediately repair any substandard material or specifications.
				It is the intent of this section that all fences shall be maintained in a
				game-proof condition at all times and prevent the passing of the game held
				therein;
(15) all working pens,
				corrals and holding pens used for processing or temporarily holding animals
				shall be located inside the park; and
(16) if the park fence is to border any other
				property (private or public) then a signed affidavit must be executed by the
				park owner to ensure correct placement of fence and verify ownership of
				property.