reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 31 - CLASSIFICATION AND DESIGN STANDARDS FOR HIGHWAYS › Part 4 - LITTER CONTROL AND BEAUTIFICATION GRANT REQUIREMENTS (REPEALED) › Section 18.31.4.16 - EQUIPMENT ACCOUNTABILITY (FOR EXTENDED GRANTS) (REPEALED)

Current through Register Vol. 35, No. 13, July 16, 2024
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 31 - CLASSIFICATION AND DESIGN STANDARDS FOR HIGHWAYS › Part 5 - BEAUTIFICATION OF HIGHWAY ROADSIDES AND MEDIANS › Section 18.31.5.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
New Mexico State Highway and Transportation Department, Post
				  Office Box 1149, Santa Fe, New Mexico 87504-1149 (505)
				  827-5299.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 31 - CLASSIFICATION AND DESIGN STANDARDS FOR HIGHWAYS › Part 5 - BEAUTIFICATION OF HIGHWAY ROADSIDES AND MEDIANS › Section 18.31.5.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This rule is to allow local governmental agencies, citizens'
				  groups, adjacent property owners and others to beautify by landscaping highway
				  roadsides and/or medians .
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 31 - CLASSIFICATION AND DESIGN STANDARDS FOR HIGHWAYS › Part 5 - BEAUTIFICATION OF HIGHWAY ROADSIDES AND MEDIANS › Section 18.31.5.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
NMSA 1978, Sections
				  67-3-11,
				  67-3-14,
				  67-12-12,
				  and
				  67-12-14.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 31 - CLASSIFICATION AND DESIGN STANDARDS FOR HIGHWAYS › Part 5 - BEAUTIFICATION OF HIGHWAY ROADSIDES AND MEDIANS › Section 18.31.5.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
August 31, 1998, unless a later date is cited at the end of a
				  section or paragraph.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 31 - CLASSIFICATION AND DESIGN STANDARDS FOR HIGHWAYS › Part 5 - BEAUTIFICATION OF HIGHWAY ROADSIDES AND MEDIANS › Section 18.31.5.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of this rule is to establish regulations to
				  allow local governmental agencies, citizens' groups, adjacent property owners
				  and others to beautify by landscaping highway roadsides and/or
				  medians.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 31 - CLASSIFICATION AND DESIGN STANDARDS FOR HIGHWAYS › Part 5 - BEAUTIFICATION OF HIGHWAY ROADSIDES AND MEDIANS › Section 18.31.5.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. "Department"
				means the New Mexico State Highway and Transportation Department.
B. "Guide" means A Guide for Highway
				Landscape and Environmental Design dated June, 1970 published by
				AASHTO.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 31 - CLASSIFICATION AND DESIGN STANDARDS FOR HIGHWAYS › Part 5 - BEAUTIFICATION OF HIGHWAY ROADSIDES AND MEDIANS › Section 18.31.5.8 - PERMITS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Local
				governmental agencies, citizens' groups, adjacent property owners, and others
				are required to submit an application for permit to beautify by landscaping
				highway roadsides and/or medians under the jurisdiction of the
				Department.
B. To apply, an
				application in triplicate, obtainable from the affected District office, is
				submitted to the affected District office for review and approval. The District
				office shall coordinate with the Department's Landscape Architect in approving
				the application. The application shall be signed by the applicant. The District
				Engineer and the Landscape Architect shall sign the application for the
				Department.
C. A site and
				maintenance plan shall accompany the application showing the area(s) to be
				landscaped and the material, both non-organic and plants, to be used in the
				proposed locations. This plan need not be a finished drawing, but must be
				sufficiently detailed to present the plan.
D. The Guide, published by AASHTO which deals
				with roadside and median landscaping and safety shall be adopted as the design
				guide.
E. As between local
				governmental agencies and the Department, each entity shall be responsible for
				liability arising from personal injury or damage to persons or property
				occasioned by its own employees, subject in all cases to the immunities of the
				Tort Claims Act (NMSA 1978, Section
				41-4-1,
et
seq
.) and any amendment
				thereto.
F. Private entities,
				adjacent property owners or others that are granted a permit shall assume the
				risks which accompany the performance of the landscaping along and within
				Department roadsides and medians. Private entities, adjacent property owners
				and others that are granted a permit shall make no claim of any kind against
				the Department, its agents or employees for any injuries which may arise from
				the performance of the volunteer services permitted by this Rule.
G. Unless otherwise provided in the
				application, local governmental agencies, citizens' groups, adjacent property
				owners and others that are granted a permit shall provide all landscaping
				items, including but not limited to fertilizer, drip irrigation systems and
				related materials, and all plant materials and other materials necessary. Said
				items must be approved by the Department.
H. Unless otherwise agreed upon in the
				application, maintenance of the landscaping and systems such as drip irrigation
				systems shall be performed by the applicant. Electrical and water costs shall
				also be paid by the applicant, unless otherwise agreed upon in the
				application.
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 18.31.6.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
New Mexico Department of Transportation (NMDOT), 1120
				  Cerrillos Road, Post Office Box 1149, Santa Fe, New Mexico 87504-1149.
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 18.31.6.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
New Mexico department of transportation districts and
				  divisions, all other state agencies, local governments, land owners,
				  developers, and general public.
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 18.31.6.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
A.
State highway commission (now state transportation commission):
The basic enabling legislation for the management of access on state highways
				is Section
				67-11-2
				NMSA 1978, which states: "The state highway commission (now state
				transportation commission) is authorized and directed to do those things
				essential to plan, acquire by reasonable purchase or condemnation and construct
				a section or a part of a state or federally designated highway as a freeway or
				controlled-access highway or to make any existing state or federally designated
				highway a freeway or a controlled-access highway."
B.
New Mexico department of
				transportation:
Pursuant to Section
				67-3-6
				NMSA 1978, the New Mexico department of transportation shall exercise the
				power, authority, and duty granted to the state transportation commission.
				Therefore, the department may prescribe rules and regulations for providing
				access to state highways pursuant to Sections
				67-11-1
				NMSA 1978 through Sections
				67-11-10
				NMSA 1978. In addition, the following state transportation commission policy
				and department administrative directive supplement New Mexico state statutes
				and shall be followed when determining the type and extent of access to be
				provided along state highways.
(1) State
				transportation commission Policy CP 65, Interstate Access.
(2) New Mexico department of transportation
				administrative directive AD 222, Highway Access Control.
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 18.31.6.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
June 27, 2017 unless a later date is cited in the history
				  note at the end of a section.
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 18.31.6.8 - REFERENCES

Current through Register Vol. 35, No. 13, July 16, 2024
The reference documents listed in
				  18.31.6.9 NMAC are
				  supplementary and should be used when additional detail is required to address
				  issues that arise during the access permitting and design process. The most
				  recent edition of each technical reference shall be used.
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 18.31.6.9 - REFERENCE LIST

Current through Register Vol. 35, No. 13, July 16, 2024
A. New Mexico
				state statutes and traffic laws, as amended.
B. The current editions, as amended, of the
				following NMDOT manuals, standards, and policies:
(1) State access management manual.
(2) Standard specifications for road and
				bridge construction.
(3) State
				transportation commission policies.
(4) Standard drawing serials and designated
				drawings.
(5) Drainage manual,
				volume I - hydrology, volume II - sedimentation and erosion, and drainage
				design criteria (administrative memorandum 221), latest editions.
(6) New Mexico state traffic monitoring
				standards.
(7) Railroads and
				utilities manual.
(8) Materials
				manual.
(9) Construction
				manual.
(10) Location study
				procedures, a guidebook for alignment and corridor studies.
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 18.31.6.10 - ACCESS CATEGORIZATION SYSTEM

Current through Register Vol. 35, No. 13, July 16, 2024
The regulation and management of vehicular access to and from
				  the New Mexico state highway system shall be defined by an access
				  categorization system. The access categorization system for state highways is
				  described in Section 10 of the
state access management manual
.
				  The access categorization system shall be based on the functional classified
				  system for New Mexico roadways, which consists of interstates and freeways
				  (INTS), principal arterials (PRAR), minor arterials (MNAR), major collectors
				  (MJCL), minor collectors (MNCL), collectors (COLL), local roads (LOC), and
				  other special road types. The functional classified system shall be further
				  defined as urban and rural routes based on the location of a highway with
				  respect to population centers. The current classification of a highway shall be
				  obtained from the department and shall be used to determine the access category
				  applicable to the highway under consideration. Access requirements for each
				  access category are described in the
state access management
				  manual
.
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 18.31.6.11 - ACCESS MANAGEMENT PLANS

Current through Register Vol. 35, No. 13, July 16, 2024
The department may develop an access management plan for a
				  designated portion of state highway. An access management plan provides the
				  department, and local authority, with a comprehensive roadway access design
				  plan for a designated state highway segment or corridor for the purpose of
				  bringing that portion of highway into conformance with its access category and
				  its functional needs to the extent feasible given existing conditions. Access
				  management plans should be developed as described in Section 11 of the
state access management manual
.
A. Access management plans for state highways
				are developed by the department in cooperation with the appropriate local
				authorities through a memorandum of understanding or a joint powers agreement.
				Access management plans shall be adopted by the department to become effective.
				The adoption of a plan shall be in the form of a formal written agreement
				prepared in accordance with
				18.31.6.19
				NMAC, access control review procedures. When applicable, concurrence of the
				local authority should also be obtained in written form.
B. After an access management plan is
				adopted, modifications to the plan shall require department approval. Where an
				access management plan is in effect, all action taken in regard to access shall
				be in conformance with the plan and 18.31.6 NMAC unless the department approves
				exceptions to the plan in writing.
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 18.31.6.12 - INTERCHANGE ACCESS MANAGEMENT PLANS

Current through Register Vol. 35, No. 13, July 16, 2024
An interchange access management plan shall be required for
				  any new interchange or significant modification to an existing interchange. The
				  interchange access management plan shall satisfy the requirements of
				  18.31.6.19
				  NMAC, access control review procedures, and applicable state transportation
				  commission policies and department administrative directives. The interchange
				  and the management plan shall receive the approval of the deputy secretary for
				  highway operations. If located on a national or interstate highway facility,
				  approval shall also be obtained from the federal highway administration.
				  Section 12 of the
state access management manual
should be
				  used to guide the development of interchange access management plans.
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 18.31.6.13 - ACCESS CATEGORY STANDARDS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Purpose:
Whereas the requirements for access requests along state
				highways are described in multiple Sections of 18.31.6 NMAC, summary
				information for each access category is provided in Section 13 of the
state access management manual
to assist users in locating and
				determining the requirements for a proposed access along a state highway.
				Practitioners shall reference specific sections of 18.31.6 NMAC when
				determining applicable requirements for their access request. The summary
				information contained in Section 13 of the manual is provided solely to ease
				use of the access management manual, with the exception below regarding
				interstate highways.
B.
Interstate highways:
The design of interstate highway facilities,
				requests for modifications to existing interstate access points, and new
				interstate access proposals shall satisfy the requirements of all pertinent
				sections of the code of federal regulations (CFR) and all interstate highway
				policies adopted by the federal highway administration. All decisions regarding
				interstate highway facilities shall require the approval of the federal highway
				administration and the New Mexico department of transportation.
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 18.31.6.14 - PERMITTING PROCESS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Purpose:
This section describes the application procedures for
				submitting an access permit request to the department, and the administrative
				procedures used by the department to approve or deny access permit requests on
				state highways.
B.
Types of
				access:
Following is a list of the types of access that may occur along
				the state highway system. Refer to Section 14 of the
state access
				management manual
for a description of each access type.
(1) Existing lawful access, modification or
				transfer.
(2) New private access
				(individual use).
(3) New
				subdivision access.
(4) New public
				access.
(5) New commercial
				access.
(6) Temporary construction
				access.
(7) Temporary
				access.
(8) Emergency
				access.
(9) Field access.
(10) Access breaks in established access
				control lines.
(11) Illegal
				access.
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 18.31.6.18 - ACCESS LOCATION AND DESIGN STANDARDS

Current through Register Vol. 35, No. 13, July 16, 2024
The location and design of access points along state highway
				  facilities shall be in accordance with standards established by the department.
				  These standards are defined below and are expounded on in Section 18 of the
state access management manual
. Where specific design criteria
				  are not provided in 18.31.6.18 NMAC, the design approach should be based on
				  nationally accepted standards and shall be consistent with department
				  specifications.
A.
General:
The department has developed these standards to provide
				guidance for the location and design of access points along state highways,
				specifically for those highways in access categories (provided in Section
				18.31.6.10
				NMAC). These criteria are based upon established design standards meant to
				protect public safety, to maintain safe and smooth-flowing traffic operations,
				and to preserve the intended function of all state highway facilities.
(1) Local standards: Where a local
				jurisdiction has established more stringent design standards than the
				department, the local standards should be applied with the concurrence of the
				department.
(2) Material placed
				within state rights-of-way: Any materials used within state highway
				right-of-way shall be subject to approval by the department. Refer to
				18.31.6.14
				NMAC for additional requirements regarding construction within state highway
				right-of-way.
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 18.31.6.19 - ACCESS CONTROL REVIEW PROCEDURES

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Purpose:
The access control
				review procedures define the process that the department shall follow when
				considering requests for permanent breaks in existing access control lines, and
				for establishing or modifying access control limits on new or existing state,
				federal and interstate highways. Decisions regarding access control matters on
				state highways shall be addressed by the access control review committee of the
				department. Review and approval of an access break in established access
				control lines shall be required by the access control review committee. Refer
				to the
state access management manual
for further
				clarification of the access control review procedures.
B.
Access control review committee:
(1) Purpose: The purpose of access
				control review committee is to review all access control requests by department
				staff members who have the expertise to identify issues that need to be
				resolved before access control limits are established or modified, or access
				breaks are recommended for approval.
(2) Authority: The access control review
				committee has authority to deny requested access control breaks for existing
				access control facilities. Access control breaks denied by the committee may be
				appealed to the secretary of the New Mexico department of transportation or
				his/her designee.
(3) Quorum
				definition: It shall be required that a simple majority of voting members of
				the committee, or their alternates, be in attendance for a quorum.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 32 - REST AREAS › Part 2 - NEWSPAPER VENDING PERMIT IN REST AREAS › Section 18.32.2.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
New Mexico State Highway and Transportation Department, Post
				  Office Box 1149, Santa Fe, New Mexico 87504-1149 (505)
				  827-5498.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 32 - REST AREAS › Part 2 - NEWSPAPER VENDING PERMIT IN REST AREAS › Section 18.32.2.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
NMSA 1978 Sections
				  67-3-11;
				  67-3-14;
				  and
				  67-11-2.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 32 - REST AREAS › Part 2 - NEWSPAPER VENDING PERMIT IN REST AREAS › Section 18.32.2.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
October 31, 1998, unless a later date is cited at the end of
				  a section or paragraph.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 32 - REST AREAS › Part 2 - NEWSPAPER VENDING PERMIT IN REST AREAS › Section 18.32.2.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The purpose of this rule is to establish regulations to
				  enable the Department to enter into written agreements with vendors to supply
				  newspaper vending machines at rest areas. [10-31-98 ]
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 32 - REST AREAS › Part 2 - NEWSPAPER VENDING PERMIT IN REST AREAS › Section 18.32.2.8 - GENERAL PROVISIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Installation, construction, operation, use and maintenance of newspaper vending
				machines at rest areas shall only be permitted in conformance with the
				requirements of this rule.
B.
				Newspaper vending machines shall only be permitted in designated rest areas
				having enclosed buildings on site. Rest areas with only covered picnic
				facilities will not qualify for the installation of newspaper vending
				machines.
C. The Department will
				assume no liability for any vandalism or other damage to newspaper vending
				machines placed in rest areas whether such damage results from the positioning,
				moving, maintaining or operating of the newspaper vending machines.
D. The loading and unloading of newspapers
				will be the sole responsibility of the vendor.
E. In no case will unsold newspapers be
				disposed of at the rest area site or within highway right-of-way.
F. In all cases the vendor will be
				responsible for the clean up of litter resulting from the operation of its
				newspaper vending machines.
G.
				Vendors are prohibited from requesting or receiving assistance from the
				Department employees in the positioning, moving, maintaining or operating of
				their newspaper vending machines.
H. The name, address and telephone number of
				the vendor shall be conspicuously posted by the vendor on its newspaper vending
				machine. The vendor shall keep this information current and is responsible for
				keeping the Department apprised of any changes.
I. Only one newspaper vending machine is
				allowed per vendor in each authorized rest area.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 32 - REST AREAS › Part 2 - NEWSPAPER VENDING PERMIT IN REST AREAS › Section 18.32.2.9 - PERMITS

Current through Register Vol. 35, No. 13, July 16, 2024
A. No newspaper
				vending machines shall be placed in rest areas unless the Department has issued
				a written permit to the appropriate vendor.
B. A written permit will only be issued upon
				receipt of a written application in which the vendor has provided the following
				information:
(1) the vendor's name;
(2) the vendor's address;
(3) the vendor's telephone number;
(4) the name of a spokesperson or contact
				employed by the vendor;
(5) the
				name of the newspaper or publication;
(6) the particular rest area desired for the
				newspaper vending machine;
(7) a
				description of the vending machine listing its dimensions, its weight, its
				material composition, and its manufacturer.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 32 - REST AREAS › Part 2 - NEWSPAPER VENDING PERMIT IN REST AREAS › Section 18.32.2.10 - NEWSPAPER VENDING MACHINE SPECIFICATIONS AND PLACEMENT

Current through Register Vol. 35, No. 13, July 16, 2024
A. All newspaper vending machines placed in
				the Department rest areas must conform to industry standards.
B. If a permit is issued by the Department
				for placement of the newspaper vending machine
inside
a rest area building:
(1) The machine may
				only be placed where designated by the permit and in no case may it be placed
				in restrooms or any area not designated as a common area.
(2) The machine shall be placed so as not to
				interfere with rest area maintenance activities.
(3) The machine shall be placed so as not to
				interfere with access to restrooms, common areas, or any other rest area
				facility.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 32 - REST AREAS › Part 2 - NEWSPAPER VENDING PERMIT IN REST AREAS › Section 18.32.2.12 - APPELLATE RIGHTS

Current through Register Vol. 35, No. 13, July 16, 2024
If the person or organization identified in the application
				  wants to appeal the denial of a permit or the issuance of a Notice of Violation
				  the following procedure shall apply:
A. Within ten (10) days after the date of
				denial of a permit or the issuance of a Notice of Violation, the person or
				organization notified may make a written request to the Secretary of the
				Department for a hearing.
B. An
				informal hearing shall be conducted not later than fifteen (15) days after
				receipt by the Secretary of the Department of the written request. The time,
				location and date of the hearing, as determined by the Secretary or his
				designee, may be given by telephone to the person or organization requesting
				the hearing. Written notification shall also be given.
C. Evidence may be written and oral. Either
				party may call and examine witnesses and introduce exhibits. If a reporter is
				requested by either party, the party making the request shall make the
				arrangement and payment therefor.
D. The findings and decision of the hearing
				officer or panel are administratively final. The decision shall be posted to
				the appellant not later than five (5) days after the hearing. If a permit is
				revoked or a vending machine must be removed, a Notice to Remove shall be
				included with the decision.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 32 - REST AREAS › Part 2 - NEWSPAPER VENDING PERMIT IN REST AREAS › Section 18.32.2.13 - PREFERENCE FOR BLIND PERSONS

Current through Register Vol. 35, No. 13, July 16, 2024
NMSA 1978, Sections
				  22-14-24
				  through
				  22-14-29
				  grant a preference to blind persons with respect to vending permitted by this
				  Rule. Such laws, together with the rules adopted by the Commission for the
				  Blind pursuant to Section 12-14-28 shall apply. Unless inconsistent with such
				  laws and rules, the provisions of this Rule shall also apply.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 60 - PIPELINE CONSTRUCTION AND MAINTENANCE › Part 2 - PIPELINE SAFETY GENERAL PROVISIONS › Section 18.60.2.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This rule applies to all owners and operators of gas and
				  hazardous liquid pipelines and underground facilities, excavators, and one-call
				  notification systems in New Mexico subject to the jurisdiction of the
				  commission pursuant to applicable laws.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 60 - PIPELINE CONSTRUCTION AND MAINTENANCE › Part 2 - PIPELINE SAFETY GENERAL PROVISIONS › Section 18.60.2.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Sections
				  8-8-4,
				  62-14-9.1,
				  62-14-10,
				  and
				  70-3-13
				  NMSA 1978.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 60 - PIPELINE CONSTRUCTION AND MAINTENANCE › Part 2 - PIPELINE SAFETY GENERAL PROVISIONS › Section 18.60.2.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
July 17, 2006, unless a later date is cited at the end of a
				  section.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 60 - PIPELINE CONSTRUCTION AND MAINTENANCE › Part 2 - PIPELINE SAFETY GENERAL PROVISIONS › Section 18.60.2.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The purpose of this rule is to implement Chapter 62, Article
				  14 NMSA 1978, and the Pipeline Safety Act, Sections
				  70-3-11 to
				  70-3-20
				  NMSA 1978.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 60 - PIPELINE CONSTRUCTION AND MAINTENANCE › Part 2 - PIPELINE SAFETY GENERAL PROVISIONS › Section 18.60.2.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
In addition to the definitions in 49 CFR Parts 40, 190, 191,
				  192, 193, 194, 195 and 199, and Sections 62 - 14 - 2 and 70 - 3 - 12 NMSA 1978,
				  as used in these rules:
A. applicable
				laws means the Hazardous Liquid Pipeline Safety Act, 49 USC Sections 2001 et
				seq; the Hazardous Materials Transportation Act, 49 USC Sections 1801 et seq;
				the Natural Gas Pipeline Safety Act,
				49
				USC Sections 60101 et seq; Chapter 62,
				Article 14 NMSA 1978; the Pipeline Safety Act, Sections
				70-3-11 to
				70-3-20
				NMSA 1978; these rules, and commission orders issued pursuant to them;
B. director means the director of
				the transportation division of the New Mexico public regulation commission or
				his designee;
C. staff means the
				staff of the pipeline safety bureau of the transportation division of the
				public regulation commission; and
D. these rules means Title 18, Chapter
				60.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 60 - PIPELINE CONSTRUCTION AND MAINTENANCE › Part 2 - PIPELINE SAFETY GENERAL PROVISIONS › Section 18.60.2.8 - ADOPTION OF PORTIONS OF THE CODE OF FEDERAL REGULATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Adoption by reference. Except for the
				variances set forth in Subsection B of this section, the commission adopts the
				following portions of the code of federal regulations, as such may be amended
				from time to time, pertaining to gas and hazardous liquid pipeline operators
				and facilities, and concerning the health, safety, and welfare of persons and
				property in New Mexico, as part of this rule:
(1) pipeline safety programs and procedures.
				49 CFR
				190.5,
				190.233(a) and
				(b), and
				190.237;
(2) annual, incident, and safety related
				condition reports. 49 CFR Part 191;
(3) minimum federal safety standards. 49 CFR
				Part 192;
(4) transportation of
				hazardous liquids by pipeline, 49 CFR Part 195;
(5) drug and alcohol testing, 49 CFR Parts 40
				and 199.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 60 - PIPELINE CONSTRUCTION AND MAINTENANCE › Part 2 - PIPELINE SAFETY GENERAL PROVISIONS › Section 18.60.2.9 - NOTICE OF INTENT TO CONSTRUCT

Current through Register Vol. 35, No. 13, July 16, 2024
Prior to the start of construction of any new or replacement
				  intrastate natural gas or hazardous liquid pipeline with a total construction
				  value of $50,000 or more, the operator of such pipeline shall give written
				  notice of its intent to construct to the Transportation Division Director, Post
				  Office Box 1269, Santa Fe, New Mexico, 87504-1269. The notice of intent to
				  construct shall state:
A. the pipe
				material;
B. the finished diameter,
				length, and approximate location of the pipeline;
C. the size and capacity of any compressors
				or pumps;
D. and the contemplated
				date construction will commence.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 60 - PIPELINE CONSTRUCTION AND MAINTENANCE › Part 2 - PIPELINE SAFETY GENERAL PROVISIONS › Section 18.60.2.10 - REPORTS OF MASTER METERS

Current through Register Vol. 35, No. 13, July 16, 2024
Annually, by March 15, each owner or operator of a gas
				  distribution or transmission system shall report to the director the name,
				  address, and location of any master meter operator connected to its
				  facilities.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 60 - PIPELINE CONSTRUCTION AND MAINTENANCE › Part 2 - PIPELINE SAFETY GENERAL PROVISIONS › Section 18.60.2.11 - OPERATION AND MAINTENANCE MANUAL

Current through Register Vol. 35, No. 13, July 16, 2024
Each owner or operator of gas or hazardous liquid pipeline
				  facilities in New Mexico, whether above ground or underground, shall file with
				  the director a manual prescribing its procedures for emergencies and for
				  inspection and maintenance of each pipeline facility it owns or operates and a
				  plan for classification and repair of leaks consistent with
				  18.60.2.12
				  NMAC. Any change to procedures set forth in the manual must be filed with the
				  director within twenty (20) days after the change is made.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 60 - PIPELINE CONSTRUCTION AND MAINTENANCE › Part 2 - PIPELINE SAFETY GENERAL PROVISIONS › Section 18.60.2.12 - CLASSIFICATION AND REPAIR OF LEAKS

Current through Register Vol. 35, No. 13, July 16, 2024
Immediately upon discovery, and in accordance with generally
				  accepted industry criteria, an owner or operator shall classify a leak
				  as:
A. a hazardous leak, grade I or C,
				if it is a leak which, due to its location and/or magnitude, constitutes an
				immediate hazard to persons or property;
B. a potentially hazardous leak, grade II or
				B, if it is a leak that does not constitute an immediate hazard, but may become
				hazardous if not repaired within a reasonable time period; or
C. a non-hazardous leak, grade III or A, if
				it is a leak which does not constitute a hazard and shows no indication of
				becoming hazardous before routine scheduled repair could be
				accomplished.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 60 - PIPELINE CONSTRUCTION AND MAINTENANCE › Part 2 - PIPELINE SAFETY GENERAL PROVISIONS › Section 18.60.2.13 - OIL PIPELINE TARIFFS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				An owner or operator of an oil pipeline shall file with the commission at least
				ten (10) days prior to its effective date two (2) copies of its tariff covering
				intrastate movements within New Mexico.
B. An owner or operator of an oil pipeline
				shall file with the commission at least ten (10) days prior to its effective
				date two (2) copies of any changes to its tariff.
C. If an owner or operator of an oil pipeline
				assesses separate charges for the gathering of oil and for its transportation
				and delivery, the charges shall be separately specified in its
				tariff.
D. In determining whether
				an oil pipeline's rates for the transportation of oil are reasonable, the
				commission shall consider:
(1) the actual
				costs to transport;
(2) market
				factors;
(3) the range of rates
				being charged by other oil pipelines for similar services;
(4) any other factors the commission deems
				relevant.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 60 - PIPELINE CONSTRUCTION AND MAINTENANCE › Part 3 - ANNUAL PIPELINE SAFETY FEES › Section 18.60.3.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This rule applies to all operators of gas, hazardous liquid,
				  and carbon dioxide pipelines in New Mexico subject to the jurisdiction of the
				  commission.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 60 - PIPELINE CONSTRUCTION AND MAINTENANCE › Part 3 - ANNUAL PIPELINE SAFETY FEES › Section 18.60.3.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
October 15, 2004, unless a later date is cited at the end of
				  a section.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 60 - PIPELINE CONSTRUCTION AND MAINTENANCE › Part 3 - ANNUAL PIPELINE SAFETY FEES › Section 18.60.3.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The purpose of this rule is to implement NMSA 1978 Sections
				  70-3-21
				  and
				  70-3-22.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 60 - PIPELINE CONSTRUCTION AND MAINTENANCE › Part 3 - ANNUAL PIPELINE SAFETY FEES › Section 18.60.3.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
In addition to the definitions in NMSA 1978 Section
				  70-3-12,
				  as used in this rule:
A. carbon
				dioxide has the meaning given in
				49
				CFR Section 195.2;
B. fiscal year means the period starting July
				1 and ending June 30;
C. gas has
				the meaning given in
				49
				CFR Section 191.3 and
				192.3;
D. hazardous liquid has the meaning given in
				49
				CFR Section 195.2;
E. jurisdictional gathering means the
				gathering of gas, hazardous liquid, or carbon dioxide by pipeline, or its
				storage, in New Mexico but does not include the gathering of gas, hazardous
				liquid, or carbon dioxide in those rural locations that lie outside the limits
				of any municipality or unincorporated city, town, or village or any residential
				or commercial area such as a subdivision, a business or shopping center, a
				community development or any similar populated area that the commission may
				define by order as a non-rural area;
F. operator means a person who engages in the
				transportation of gas, hazardous liquid, or carbon dioxide and includes master
				meter operators.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 60 - PIPELINE CONSTRUCTION AND MAINTENANCE › Part 3 - ANNUAL PIPELINE SAFETY FEES › Section 18.60.3.8 - INFORMATION REQUIRED FROM OPERATORS OF GAS PIPELINES

Current through Register Vol. 35, No. 13, July 16, 2024
An operator of gas pipelines shall file with the pipeline
				  safety bureau of the commission on or before March 15 of each year:
A. a copy of USDOT report form RSPA F
				7100.2-1,
annual report for calendar year 20xx gas transmission or
				gathering systems
for the previous calendar year, and/or USDOT report
				form RSPA F 7100.1-1,
annual report for calendar year 20xx gas
				distribution system
for the previous calendar year, as may apply to
				the operator;
B. miles of
				jurisdictional gathering in New Mexico;
C. miles of intrastate transmission in New
				Mexico;
D. total number of
				customers in New Mexico not including off-system customers;
E. number of residential customers in New
				Mexico;
F. number of all other
				customers in New Mexico not including off-system customers; and
G. its electronic mail and mailing addresses
				and its principal place of business.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 60 - PIPELINE CONSTRUCTION AND MAINTENANCE › Part 3 - ANNUAL PIPELINE SAFETY FEES › Section 18.60.3.9 - ESTIMATE OF DOMESTIC AND COMMERCIAL GAS SERVICES

Current through Register Vol. 35, No. 13, July 16, 2024
For purposes of NMSA 1978 Section
				  70-3-21,
				  the pipeline safety bureau will estimate the number of domestic and commercial
				  services by applying the ratios derived from the information reported pursuant
				  to Subsections D, E, and F of
				  18.60.3.8
				  NMAC to the number of services a gas pipeline operator reported in RSPA F
				  7100.1-1,
annual report for calendar year 20xx gas distribution
				  system
for the previous calendar year.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 60 - PIPELINE CONSTRUCTION AND MAINTENANCE › Part 3 - ANNUAL PIPELINE SAFETY FEES › Section 18.60.3.10 - INFORMATION REQUIRED FROM OPERATORS OF HAZARDOUS LIQUID AND CARBON DIOXIDE PIPELINES

Current through Register Vol. 35, No. 13, July 16, 2024
A hazardous liquid and carbon dioxide pipeline operator shall
				  file with the pipeline safety bureau of the commission on or before:
A. March 15 of each year:
(1) miles of jurisdictional gathering in New
				Mexico;
(2) miles of intrastate
				transmission in New Mexico;
(3) its
				electronic mail and mailing addresses and its principal place of
				business.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 60 - PIPELINE CONSTRUCTION AND MAINTENANCE › Part 3 - ANNUAL PIPELINE SAFETY FEES › Section 18.60.3.11 - COLLECTION PROCEDURE

Current through Register Vol. 35, No. 13, July 16, 2024
A. By May
				1 of each year, the pipeline safety bureau shall present to the commission a
				review of the fees collected and the payments made from the pipeline safety
				fund for the previous fiscal year.
B. By May 1 of each year, the pipeline safety
				bureau shall, in accordance with Subsection E of NMSA 1978 Section
				70-3-21,
				present to the commission proposed rates for pipeline safety fees for the next
				fiscal year. The fees shall be based on the pipeline safety bureau's estimate
				of funding required for the next fiscal year, taking into consideration the
				estimated fund balance as of the end of the current fiscal year, the
				legislative appropriation provided to the commission for pipeline safety
				programs, the estimated federal grant-in-aid, the information provided pursuant
				to 18.60.3.8 and 18.60.3.10 NMAC, and any other factors deemed appropriate by
				the bureau.
C. Upon commission
				approval of the rates for pipeline safety fees, the pipeline safety bureau
				shall prepare a form for operators to use to calculate the total pipeline
				safety fee due. The pipeline safety bureau shall post the form on the
				commission's website and shall mail, email, or personally deliver the form to
				each operator. An operator shall be responsible for paying the fee due even if
				the operator does not receive a form from the bureau.
D. An operator shall pay the calculated fee
				by check made payable to the public regulation commission. An operator must
				send the fee by registered mail postmarked no later than June 1 or 15 days from
				the date of the commission order approving the rates for pipeline safety fees,
				whichever is later, of each year to the Public Regulation Commission, Pipeline
				Safety Bureau, P.O. Box 1269, Santa Fe New Mexico 87504-1269.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 60 - PIPELINE CONSTRUCTION AND MAINTENANCE › Part 3 - ANNUAL PIPELINE SAFETY FEES › Section 18.60.3.12 - RECOUPMENT OF PIPELINE SAFETY FEES FROM RATE PAYERS

Current through Register Vol. 35, No. 13, July 16, 2024
A public utility seeking to recoup from its ratepayers the
				  pipeline safety fee paid to the commission shall file with the utility division
				  of the commission a compliance filing setting forth the imposition methodology
				  and amount of the fee to be recouped from its ratepayers by the later of July 1
				  or 45 days from the date of the commission order approving the rates for
				  pipeline safety fees. A public utility may begin recouping the pipeline safety
				  fee from ratepayers in the first billing cycle following the compliance
				  filing.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 60 - PIPELINE CONSTRUCTION AND MAINTENANCE › Part 4 - PIPELINE SAFETY ENFORCEMENT PROCEDURES › Section 18.60.4.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This rule applies to all owners and operators of gas and
				  hazardous liquid pipelines and underground facilities, excavators, and one-call
				  notification systems in New Mexico subject to the jurisdiction of the
				  commission pursuant to applicable laws.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 60 - PIPELINE CONSTRUCTION AND MAINTENANCE › Part 4 - PIPELINE SAFETY ENFORCEMENT PROCEDURES › Section 18.60.4.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Sections
				  8-8-4,
				  62-14-9.1,
				  62-14-10,
				  and
				  70-3-13
				  NMSA 1978.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 60 - PIPELINE CONSTRUCTION AND MAINTENANCE › Part 4 - PIPELINE SAFETY ENFORCEMENT PROCEDURES › Section 18.60.4.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
July 17, 2006, unless a later date is cited at the end of a
				  section.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 60 - PIPELINE CONSTRUCTION AND MAINTENANCE › Part 4 - PIPELINE SAFETY ENFORCEMENT PROCEDURES › Section 18.60.4.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The purpose of this rule is to prescribe procedures to
				  administer and enforce Chapter 62, Article 14 NMSA 1978, and the Pipeline
				  Safety Act, Sections
				  70-3-11 to
				  70-3-20
				  NMSA 1978.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 60 - PIPELINE CONSTRUCTION AND MAINTENANCE › Part 4 - PIPELINE SAFETY ENFORCEMENT PROCEDURES › Section 18.60.4.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
In addition to the definitions in
				  18.60.2.7
				  and
				  18.60.5.7
				  NMAC, as used in this rule,
respondent
means an owner or operator
				  of gas and hazardous liquid pipelines or underground facilities, an excavator,
				  or a one-call notification system.