reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 21 - TRAFFIC CONTROL SIGNAGE › Part 5 - OUTDOOR ADVERTISING REQUIREMENTS › Section 18.21.5.8 - SIGNS ALLOWED

Current through Register Vol. 35, No. 13, July 16, 2024
Only the following outdoor advertising devices may be erected
				  or maintained:
A. directional signs
				and other official signs and notices;
B. signs on a piece of property giving notice
				that the specific land or improvements alone are offered for sale or
				lease;
C. on-premise signs that are
				in compliance with 18.21.5.12 NMAC;
D. signs located within six hundred sixty
				(660) feet of the nearest edge of the right-of-way, in zoned commercial or
				industrial areas;
E. signs located
				within six hundred sixty (660) feet of the nearest edge of the right-of-way in
				unzoned commercial or industrial areas;
F. signs located beyond six hundred sixty
				(660) feet of the right-of-way, located outside of urban areas, visible from
				the main-traveled way of the interstate system, NHS or primary system and
				erected with the purpose of the content being read from such main-traveled
				way;
G. signs lawfully in existence
				on October 22, 1965, determined by the commission, subject to any necessary
				federal approval, to be landmark signs of historic or artistic significance
				worthy of preservation including signs on farm structures or natural surfaces,
				and which requirements are set forth in 18.21.5.15 NMAC;
H. signs lawfully in existence on the
				effective date of the Beautification Act, whose owner obtained a department
				outdoor advertising permit(s) with permit renewal fees paid current thereafter,
				and which continue to exist and be maintained lawfully, but which currently do
				not meet all requirements of 18.21.5 NMAC or the Beautification Act due to
				state law passed at a later date or due to changed conditions. Illegally
				erected or maintained outdoor advertising devices shall not be considered
				non-conforming outdoor advertising devices;
I. signs whose owner obtained a department
				outdoor advertising permit(s) with permit renewal fees paid current thereafter,
				which continues to exist and complies with customary maintenance requirements,
				but which currently does not meet all requirements of 18.21.5 NMAC or the
				Beautification Act. Illegally erected or maintained outdoor advertising devices
				shall not be considered non-conforming outdoor advertising devices.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 21 - TRAFFIC CONTROL SIGNAGE › Part 5 - OUTDOOR ADVERTISING REQUIREMENTS › Section 18.21.5.9 - RECLASSIFICATION OF HIGHWAYS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Any
				sign lawfully erected along a highway which is not part of the interstate
				system, NHS or primary system at the time of the sign's erection and which sign
				becomes subject to the provisions of the Beautification Act and this rule due
				to the reclassification of the highway as part of the NHS system, shall remain
				a legal non-conforming and compensable sign so long as all permits for the sign
				are timely obtained and all permit fees timely paid. The failure to timely
				obtain permits and timely pay permit fees shall render such a sign illegal and
				non-compensable and subject to removal by the department at the expense of the
				sign owner pursuant to the provisions of 18.21.5.33 NMAC.
B. Permits and permit fees for the class of
				signs described in this section are timely obtained and timely paid if obtained
				and paid for the next calendar year following the reclassification,
				notification of which shall be sent to the sign owner by the
				department.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 21 - TRAFFIC CONTROL SIGNAGE › Part 5 - OUTDOOR ADVERTISING REQUIREMENTS › Section 18.21.5.10 - SIGNS PROHIBITED

Current through Register Vol. 35, No. 13, July 16, 2024
No outdoor advertising device may be erected or maintained
				  which:
A. physically intrudes upon the
				right-of-way or by being of such a distracting nature so as to dangerously
				divert driver's attention from the roadway;
B. attempts or appears to attempt to direct
				the movement of traffic or which interferes with, imitates or resembles any
				official traffic sign, signal or device;
C. prevents the driver of a vehicle from
				having a clear and unobstructed view of pre-existing official signs and
				approaching or merging traffic;
D.
				contains, includes or is illuminated by any flashing, intermittent or moving
				light or lights;
E. is lighted in
				any way unless the lighting is so effectively shielded as to prevent beams or
				rays of light from being directed at any portion of the main-traveled way of
				the interstate system, NHS or primary system, or is of such low intensity or
				brilliance as not to cause glare or to impair the vision of the driver of any
				motor vehicle, or to otherwise interfere with any driver's operation of a motor
				vehicle;
F. moves or has any
				animated or moving parts;
G. is
				erected or maintained upon trees or painted or drawn upon rocks or other
				natural features;
H. is
				structurally unsafe or in disrepair as determined by the department;
I. is an abandoned sign as defined in
				18.21.5.7 NMAC;
J. is located in an
				area zoned by a local government, but which local zoning does not amount to or
				come within a comprehensive zoning plan, or which is created primarily to
				permit outdoor advertising, as determined by the department pursuant to the
				provisions of 18.21.5.28 NMAC;
K.
				is a mobile type sign as defined in 18.21.5.7 NMAC; or
L. violates any of the provisions of 18.21.5
				NMAC.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 21 - TRAFFIC CONTROL SIGNAGE › Part 5 - OUTDOOR ADVERTISING REQUIREMENTS › Section 18.21.5.11 - SIGN CONTENTS PROHIBITED

Current through Register Vol. 35, No. 13, July 16, 2024
Signs containing the following copy are prohibited:
A. the imitation or simulation of official
				U.S. interstate, state or county highway sign shields within advertising
				displays; and
B. any words that
				could be construed as a command, such as "stop, turn right (or left)," or any
				such words whether used alone or in combination on signs which duplicate or
				resemble official signs and notices so as to cause a motorist to be misled in
				any manner.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 21 - TRAFFIC CONTROL SIGNAGE › Part 5 - OUTDOOR ADVERTISING REQUIREMENTS › Section 18.21.5.12 - ON-PREMISE SIGNS

Current through Register Vol. 35, No. 13, July 16, 2024
On-premise signs are limited to signs advertising on-premise
				  activities only and shall adhere to the following requirements.
A. Signs must be used only to advertise the
				activities conducted on the property where the sign is located.
B. There must be a regularly used building,
				service, repair, processing, storage, or parking area used in conjunction with
				the on-premise activity.
C. Land,
				whether contiguous or not, and whether owned or not, that is not used as part
				of the major activity as set forth herein, but is surplus if held for future
				use, shall not qualify as a part of the immediate on- premise area, including
				railroad mainline tracks, siding, spurs and loading docks.
D. The lands that are directly used as an
				integral part of the principal activity of the subject advertised, even though
				the sign site and principal activity are separated by a roadway, shall be
				deemed to be contiguous.
E.
				On-premise parking lots, storage areas, and servicing areas are those areas
				regularly used in conjunction with on-premise activity and in which surfacing
				and lighting are continuously maintained.
F. Upon the termination or cessation for
				twelve (12) consecutive months of the activities, services or products
				advertised by an on-premise sign along the interstate system, NHS or primary
				system, the sign advertising that activity shall no longer qualify as an
				on-premise sign and shall be deemed illegal and non-compensable and subject to
				removal by the department at the expense of the sign owner pursuant to the
				provisions of 18.21.5.33 NMAC.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 21 - TRAFFIC CONTROL SIGNAGE › Part 5 - OUTDOOR ADVERTISING REQUIREMENTS › Section 18.21.5.14 - OFF-PREMISE CHANGEABLE ELECTRONIC VARIABLE MESSAGE SIGNS (CEVMS) - ADDITIONAL REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Permit required. A person desiring to erect, install, convert or maintain an
				off-premise changeable electronic variable message sign shall obtain a new
				permit from the department pursuant to this rule for that use prior to
				erection, installation, conversion or maintenance of the sign.
B. Location. No sign utilizing changeable
				electronic variable message technology may be erected, installed, converted or
				maintained outside the limits of any municipality, town or village, or within
				the boundaries or limits of any designated scenic byway, or outside the
				boundaries or limits of any designated scenic byway where the intent or result
				is that the changeable electronic variable message advertisements are oriented
				to, or visible or legible from, the scenic byway.
C. Modification. The permit holder and the
				owner of the sign are responsible for any changes, alterations or modifications
				to the advertisements or to the use of the changeable electronic variable
				message sign made by an unauthorized user, or by an advertiser authorized to
				facilitate such changes, alterations or modifications.
D. Conversion.
(1) An existing static outdoor advertising
				device may be converted to a changeable electronic variable message sign,
				provided the existing sign:
(a) has been
				approved by the local government;
(b) is a legal, conforming sign;
(c) is in good repair;
(d) has had all permit fees timely paid;
				and
(e) does not violate any
				applicable sections of this rule or of the Beautification Act.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 21 - TRAFFIC CONTROL SIGNAGE › Part 5 - OUTDOOR ADVERTISING REQUIREMENTS › Section 18.21.5.15 - LANDMARK SIGNS

Current through Register Vol. 35, No. 13, July 16, 2024
A. An outdoor
				advertising device shall qualify as a landmark sign of historical or artistic
				significance under
				23 U.S.C. Section
				131 upon presentation, to the department, of
				satisfactory proof as determined by the department, that the sign has been
				lawfully in place and maintained at the same location for a period of
				twenty-five (25) years or more, and that the sign:
(1) has not substantially changed in size,
				lighting or advertising content after designation as a landmark sign;
(2) has not been significantly altered from
				its historic appearance, or, if it has been altered, is potentially restorable
				to its historic function and appearance;
(3) is structurally safe or can be made safe
				without significantly altering its historical appearance; and
(4) complies with all applicable requirements
				of this rule.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 21 - TRAFFIC CONTROL SIGNAGE › Part 5 - OUTDOOR ADVERTISING REQUIREMENTS › Section 18.21.5.16 - DIRECTIONAL SIGN REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Directional signs prohibited. The following signs are prohibited:
(1) signs advertising activities that are
				illegal under federal or state laws in effect at the location of those signs or
				at the location of those activities;
(2) signs located in such a manner as to
				obscure or otherwise interfere with the effectiveness of an official traffic
				sign, signal, or device, or obstruct or interfere with the driver's view of
				approaching, merging or intersection traffic;
(3) signs which are erected or maintained
				upon trees or painted or drawn upon rocks or other natural features;
(4) obsolete signs;
(5) signs which are structurally unsafe or in
				disrepair;
(6) signs which move or
				have any animated or moving parts; and
(7) signs located in safety rest areas,
				parklands or scenic areas.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 21 - TRAFFIC CONTROL SIGNAGE › Part 5 - OUTDOOR ADVERTISING REQUIREMENTS › Section 18.21.5.17 - LANDOWNER PERMISSION

Current through Register Vol. 35, No. 13, July 16, 2024
No outdoor advertising device shall be erected or maintained
				  without documentation that the applicant or permit holder has the legal right
				  to occupy or possess the site on which the outdoor advertising device is to be
				  located or currently resides. Violation of this provision shall render the
				  outdoor advertising device illegal and non-compensable and subject to removal
				  by the department at the expense of the sign owner pursuant to the provisions
				  of
				  18.21.5.33
				  NMAC.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 21 - TRAFFIC CONTROL SIGNAGE › Part 5 - OUTDOOR ADVERTISING REQUIREMENTS › Section 18.21.5.18 - MAXIMUM SIZE AND AREA LIMITATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. The maximum area of the face of any
				outdoor advertising device, including any embellishments, extensions or
				add-ons, shall be eight hundred (800) square feet, except as otherwise provided
				in this rule. Length and height measurements shall include border and trim, but
				shall not include any ornamental base or apron support.
B. Exceptions to the maximum size and area
				limitations are:
(1) stacked signs, which
				shall be limited to three hundred fifty (350) square feet per face;
(2) directional signs, which shall be limited
				to a maximum area of one hundred fifty (150) square feet and no more than
				twenty (20) feet in any dimension;
(3) public service signs, which shall be
				limited to thirty-two (32) square feet;
(4) ranch/farm notices, service club notices
				and religious notices, which shall not exceed eight (8) square feet;
				and
(5) CEVMS signs, which shall
				not exceed a maximum surface area of six hundred seventy-two (672) square feet
				per advertising face, with a maximum length of forty-eight (48) feet and a
				maximum height of fourteen (14) feet; length and height measurements shall
				include border and trim, but shall not include any ornamental base or apron
				support.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 21 - TRAFFIC CONTROL SIGNAGE › Part 5 - OUTDOOR ADVERTISING REQUIREMENTS › Section 18.21.5.19 - MINIMUM SPACING REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
For all signs other than directional signs and CEVMS
				  signs.
A. Interstate systems and
				access-controlled freeways. No two (2) signs on the same side of the
				right-of-way shall be spaced less than five hundred (500) feet apart inside and
				outside villages and cities.
B. NHS
				or primary systems. Outside of incorporated villages and cities, no two (2)
				signs on the same side of the right-of-way shall be spaced less than three
				hundred (300) feet apart. Inside incorporated villages and cities, no two (2)
				signs on the same side of the right-of-way shall be spaced less than one
				hundred (100) feet apart.
C.
				Interstate systems, NHS and primary systems. Any sign adjacent to an
				interstate, NHS or primary system which is located within the control area of
				the interstate system must meet the minimum spacing requirements of the
				interstate system specified in Subsection A of this section.
D. Exceptions.
(1) On-premise, directional signs and
				official signs and notices or illegal signs within the right-of-way shall not
				be counted nor shall measurements be made from them for purposes of determining
				compliance with the five hundred (500), three hundred (300) or one hundred
				(100) foot spacing requirements.
(2) CEVMS signs shall comply with minimum
				spacing requirements contained in 18.21.5.13 NMAC.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 21 - TRAFFIC CONTROL SIGNAGE › Part 5 - OUTDOOR ADVERTISING REQUIREMENTS › Section 18.21.5.20 - UNZONED COMMERCIAL OR INDUSTRIAL AREAS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Measurements. An unzoned commercial or
				industrial area shall be measured from the outer edge of the regularly used
				buildings, parking lots, storage or processing areas of the activities, and not
				from the property line of the activity, unless the property line and outer edge
				of the building, parking lots, storage or processing areas of the activities
				coincide. Such measurements shall be along or parallel to the edge of the
				right-of-way on the same side of the highway as the sign site.
B. Temporary unzoned commercial or industrial
				areas. Buildings or open sales areas actively used for commercial or industrial
				activities for six (6) or more consecutive months shall qualify an area as an
				unzoned commercial or industrial area, provided a twelve (12) month business
				license for that activity is obtained from the local governing
				authority.
C. Simulated commercial
				activity. Buildings or activities constructed or initiated to simulate
				legitimate commercial or industrial activity but not constituting commercial or
				industrial activity, shall not be used as a basis for determining unzoned
				commercial or industrial areas.
D.
				Farming-agriculture and related activities. The following shall not constitute
				an unzoned commercial or industrial area:
(1)
				use of feeder pens and dairy activities; and
(2) roping arenas, rodeo grounds, or fair
				grounds, unless the activities are open to the public and are conducted
				continuously for six (6) consecutive months or more during each calendar
				year.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 21 - TRAFFIC CONTROL SIGNAGE › Part 5 - OUTDOOR ADVERTISING REQUIREMENTS › Section 18.21.5.21 - LIGHTING RESTRICTIONS

Current through Register Vol. 35, No. 13, July 16, 2024
Signs shall not be placed with illumination that interferes
				  with the effectiveness of any official traffic sign or device. Signs shall not
				  contain, include or be illuminated by flashing, intermittent or moving light or
				  lights (except that part necessary to give public service information such as
				  time, date, temperature, weather or similar information). The term flashing
				  lights is not limited to actual lighting, and includes stationary and moving
				  reflective disks and rotating slats that reflect light in a flashing or moving
				  manner, and that create the effect of flashing or moving light. No sign shall
				  cause beams or rays of light of such intensity or brilliance to be mistaken for
				  a warning or danger signal as to cause glare or impair the vision of any
				  driver's operation of a motor vehicle.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 21 - TRAFFIC CONTROL SIGNAGE › Part 5 - OUTDOOR ADVERTISING REQUIREMENTS › Section 18.21.5.22 - APPLICATION FOR SIGN PERMIT

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Permit required. No outdoor advertising device or face allowed under
				Subsections A, D, E, F and G of 18.21.5.8 NMAC may be erected or maintained
				unless the owner of the outdoor advertising device or face first obtains a
				permit for the device or face from the department. Exceptions to this
				requirement are:
(1) signs on a piece of
				property giving notice that said specific land or improvements alone are
				offered for sale; generalized real estate signs are not excepted; and
(2) on-premise signs that are in compliance
				with 18.21.5.12 NMAC.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 21 - TRAFFIC CONTROL SIGNAGE › Part 5 - OUTDOOR ADVERTISING REQUIREMENTS › Section 18.21.5.23 - ISSUANCE OF SIGN PERMIT

Current through Register Vol. 35, No. 13, July 16, 2024
A. Site
				review. In reviewing an application for an outdoor advertising device permit,
				the department shall conduct a site review and inspection to ensure that the
				description, location and other information contained in the application are in
				compliance with this rule.
B.
				Permit. If the site review and inspection results are satisfactory to the
				department, and all other applicable requirements, standards and specifications
				have been met, the department shall issue a permit and send an approval letter
				to the applicant. The department shall otherwise issue a denial letter stating
				the reasons for denial of the permit.
C. Term. The department shall issue a sign
				permit on a calendar year basis, January 1 through December 31; sign permits
				shall be valid from the date of their issuance until the following December
				31.
D. Transfer permitted. A holder
				of a sign permit may transfer the permit to a new holder, upon filing with the
				department a transfer form signed by the current and future permit holders
				within ninety (90) days of the transfer of legal interest in the outdoor
				advertising device that is subject to the permit. The transfer form shall
				include any change of address and contact information, and a photocopy of any
				lease or sale agreement pursuant to such transfer. Any change in size,
				location, or materials of the outdoor advertising device shall require a new
				application.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 21 - TRAFFIC CONTROL SIGNAGE › Part 5 - OUTDOOR ADVERTISING REQUIREMENTS › Section 18.21.5.24 - RENEWAL OF SIGN PERMIT

Current through Register Vol. 35, No. 13, July 16, 2024
Every permit shall be renewed annually and accompanied by a
				  renewal fee in the amount of twenty-five dollars ($25.00) for the calendar
				  year. Effective January 1, 2015, the annual renewal fee for every permit shall
				  be forty dollars ($40.00). The department shall issue renewal invoices, which
				  shall be paid within thirty (30) days of receipt. The failure to timely renew a
				  permit shall render the permit invalid and subject to revocation. In that
				  event, the sign shall be deemed illegal and non-compensable and subject to
				  removal by the department at the expense of the sign owner pursuant to the
				  provisions of
				  18.21.5.33
				  NMAC.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 21 - TRAFFIC CONTROL SIGNAGE › Part 5 - OUTDOOR ADVERTISING REQUIREMENTS › Section 18.21.5.25 - SIGN PERMIT TAGS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Upon the
				approval of an application for a permit, the department shall issue a sign
				permit tag for the specific sign at a given location.
B. A sign permit tag shall be valid from the
				date of its issuance until the following December 31 unless otherwise notified
				by the department. Upon annual renewal of the permit pursuant to the provisions
				of 18.21.5.24 NMAC, the validity of the sign permit tag shall continue for that
				calendar year.
C. Permit tags are
				transferable with the ownership of signs, but shall not be relocated from one
				(1) site to another. A permit tag shall be issued to a specific sign at a
				specific location and shall not be transferred from one (1) location to
				another. Any change in size, location, or materials of the outdoor advertising
				device shall require a new permit tag.
D. Permit tags shall be displayed, legible
				and visible at all times. If a permit tag is lost or stolen, the sign owner
				shall contact the department for a replacement. There shall be a twenty-five
				($25) charge for each replacement.
E. Within thirty (30) days of issuance of the
				sign permit tag (one hundred twenty (120) days should the sign not be
				constructed at the date of such issuance), the sign permit tag shall be affixed
				to the sign on its face in the lower corner nearest the highway right-of-way
				line, or to the surface of the upright leg or pole of the sign nearest the
				right-of-way line.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 21 - TRAFFIC CONTROL SIGNAGE › Part 5 - OUTDOOR ADVERTISING REQUIREMENTS › Section 18.21.5.26 - SIGN OWNER NAME PLATES

Current through Register Vol. 35, No. 13, July 16, 2024
All signs must have affixed the sign owner's name on a
				  separate name panel of durable material fastened to the sign. A commercial sign
				  company shall limit the name plate to its trade name only, provided that the
				  trade name is as indicated on all the company's outdoor advertising permit
				  applications.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 21 - TRAFFIC CONTROL SIGNAGE › Part 5 - OUTDOOR ADVERTISING REQUIREMENTS › Section 18.21.5.27 - SIGN CONSTRUCTION TIME LIMITS

Current through Register Vol. 35, No. 13, July 16, 2024
When a sign which is the subject of the issuance of a permit
				  and tag is not erected at the date of such issuance, such sign must be erected
				  within one hundred twenty (120) days after such issuance, with the tag properly
				  affixed, or the permit and tag shall be void. Upon written request to the
				  department, a one-time sixty (60) day extension to erect a previously permitted
				  sign may be granted.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 21 - TRAFFIC CONTROL SIGNAGE › Part 5 - OUTDOOR ADVERTISING REQUIREMENTS › Section 18.21.5.28 - LOCAL ZONING AUTHORITIES

Current through Register Vol. 35, No. 13, July 16, 2024
Local political subdivisions shall have authority under their
				  own zoning laws to create zoned commercial or industrial areas, and the valid
				  action of such local political subdivision in this regard will be accepted for
				  the purposes of these rules. The department will not issue permits for the
				  erection of new signs in areas where county and municipal zoning ordinances are
				  in effect and which require a permit to be issued for such signs by the county
				  or municipal authority, unless the applicant has received a local permit for
				  the sign from the governmental authority promulgating such ordinances, and a
				  photocopy of the approved local permit application or a letter granting
				  approval is attached to the department's sign permit application. If the
				  department determines that the local zoning does not amount to or come within a
				  comprehensive zoning plan, or that it is created primarily to permit outdoor
				  advertising devices, a permit for the erection of the outdoor advertising
				  device shall be denied. In determining whether a zoning action is created
				  primarily to permit outdoor advertising devices, the department may consider
				  various factors, such as, but not limited to, the expressed reasons for the
				  zoning change; the zoning for the surrounding area; the actual land uses
				  nearby; the existence of plans for commercial or industrial development; the
				  availability of utilities (such as water, electricity and sewage) in the newly
				  zoned area; and the existence of access roads or dedicated access to the newly
				  zoned area.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 21 - TRAFFIC CONTROL SIGNAGE › Part 5 - OUTDOOR ADVERTISING REQUIREMENTS › Section 18.21.5.29 - CUSTOMARY MAINTENANCE OF SIGNS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Customary maintenance shall be performed
				on all permitted signs. For the purpose of this section, a sign owner shall be
				allotted six (6) months to restore and replace copy, at which time the
				department may give a thirty (30) day notice to the owner to revitalize the
				sign or remove it as an abandoned sign. If the owner fails to revitalize the
				sign or remove it as an abandoned sign within thirty (30) days, the permit
				shall be revoked and the sign shall be deemed illegal and non-compensable and
				subject to removal by the department at the expense of the sign owner pursuant
				to the provisions of 18.21.5.33 NMAC.
B. No sign owner shall erect, maintain,
				dismantle or remove any outdoor advertising device from or in the right-of-way
				of any interstate system, NHS or primary system. Any sign owner violating this
				subsection shall have the sign permit revoked whether or not the sign is
				conforming and such action shall render the sign illegal and non-compensable
				and subject to removal by the department at the expense of the sign owner
				pursuant to the provisions of 18.21.5.33 NMAC.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 21 - TRAFFIC CONTROL SIGNAGE › Part 5 - OUTDOOR ADVERTISING REQUIREMENTS › Section 18.21.5.30 - CUSTOMARY MAINTENANCE OF NON-CONFORMING SIGNS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Customary maintenance of non-conforming
				signs may only include the following:
(1)
				changing existing non-structural external light fixtures for energy
				efficiency;
(2) replacing
				structural components with the same materials consistent with this rule,
				including replacement of poles, but only if not more than 1/2 of the total
				number of poles of the sign are replaced in any twelve (12) month period and
				the same material is used for the replacement poles;
(3) nailing, cleaning and painting, and
				replacement of nuts and bolts;
(4)
				changes in the advertisement; and
(5) plumbing or leveling the
				structure.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 21 - TRAFFIC CONTROL SIGNAGE › Part 5 - OUTDOOR ADVERTISING REQUIREMENTS › Section 18.21.5.31 - RIGHT-OF-WAY

Current through Register Vol. 35, No. 13, July 16, 2024
A. It is unlawful
				for any sign owner or his agents to damage the landscape of any right-of-way.
				These damages are more specifically described as follows:
(1) cutting trees or vegetation on the
				right-of-way for the purpose of facilitating the readability of an outdoor
				advertising device;
(2) damage to
				any landscaping, such as grass, shrubs, rocks, gravel or cement; or
(3) damage to any improvements in the
				right-of-way such as fences, ditches and structures.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 21 - TRAFFIC CONTROL SIGNAGE › Part 5 - OUTDOOR ADVERTISING REQUIREMENTS › Section 18.21.5.32 - LOCATION VIOLATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
Any outdoor advertising device which has been erected and
				  maintained under permit, but is at variance from the location set forth in the
				  permit application, and which location variation has not resulted from
				  department's actions, may have its permit revoked and the sign deemed illegal
				  and non-compensable and subject to removal by the department at the expense of
				  the sign owner pursuant to the provisions of
				  18.21.5.33 NMAC.
				  Where a location variation results from department's actions, the department's
				  permit file may be amended to reflect the actual location of the outdoor
				  advertising device.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 21 - TRAFFIC CONTROL SIGNAGE › Part 5 - OUTDOOR ADVERTISING REQUIREMENTS › Section 18.21.5.33 - REMOVAL OF SIGNS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Compensable
				signs. Any outdoor advertising device that meets the requirements of Subsection
				A of Section
				67-12-6
				NMSA 1978 may be acquired by the commission by agreement or condemnation in the
				manner provided by law, with just compensation paid pursuant to Subsection B of
				Section
				67-12-6
				NMSA 1978.
B. Non-compensable
				signs. Any outdoor advertising device, which has been erected or maintained:
(1) in violation of the permit and permit fee
				requirements of the Beautification Act or this rule; or
(2) in accordance with all permit and permit
				fee requirements of the Beautification Act and this rule, but which violates
				the standards, specifications and requirements of the Beautification Act and
				this rule; shall be deemed illegal and non-compensable and subject to removal
				by the department at the expense of the sign owner pursuant to the provisions
				of this section.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 21 - TRAFFIC CONTROL SIGNAGE › Part 5 - OUTDOOR ADVERTISING REQUIREMENTS › Section 18.21.5.34 - PENALTIES FOR REPEATED VIOLATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. In addition to the specific penalties set
				forth in this rule, the department may suspend permitting privileges if
				repeated violations by a permit holder, sign owner or landowner establish a
				pattern or practice of disregard for these rules, as determined by the
				department. A notification of such intent to suspend permitting privileges will
				be sent to the permit holder, sign owner or landowner stating the grounds upon
				which the proposed suspension is based.
B. Upon receipt of a notice of intent to
				suspend, the permit holder, sign owner or landowner shall have a right to a
				hearing before the department on whether the suspension should be imposed. To
				request a hearing, the permit holder, sign owner or landowner shall submit a
				written request within fourteen (14) days from the date of receipt of the
				notice.
C. The department shall
				assign a hearing officer within fifteen (15) days of receipt of the hearing
				request, and the hearing officer shall schedule a hearing within thirty (30)
				days of being assigned as hearing officer, and shall notify the requesting
				party of the time, date and place of the hearing.
D. The requesting party may present
				information orally and in writing at the hearing. The requesting party may at
				their own expense be represented by legal counsel.
E. After considering all written and oral
				views presented at the hearing, the hearing officer shall within thirty (30)
				days after the date of the hearing make a written explanation and determination
				and submit it to the department's chief engineer for consideration and final
				decision. Within thirty (30) days from the hearing officer's determination, the
				department's chief engineer shall make a final decision and the department
				shall furnish the requesting party with the final decision in
				writing.
F. A party aggrieved by
				the chief engineer's decision shall have the right to seek judicial review
				through the appropriate court system.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 23 - HIGHWAY HEIGHT, LENGTH AND WEIGHT LIMITATIONS › Part 3 - MOVEMENT OF FOURTEEN FOOT MANUFACTURED HOMES ON DESIGNATED FOUR LANE HIGHWAYS WITHOUT AN ESCORT › Section 18.23.3.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
New Mexico State Highway and Transportation Department
P. O. Box 1149 Santa Fe, New Mexico 87504-1149 (505)
				  827-5499
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 23 - HIGHWAY HEIGHT, LENGTH AND WEIGHT LIMITATIONS › Part 3 - MOVEMENT OF FOURTEEN FOOT MANUFACTURED HOMES ON DESIGNATED FOUR LANE HIGHWAYS WITHOUT AN ESCORT › Section 18.23.3.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
All movers of manufactured homes and general
				  public.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 23 - HIGHWAY HEIGHT, LENGTH AND WEIGHT LIMITATIONS › Part 3 - MOVEMENT OF FOURTEEN FOOT MANUFACTURED HOMES ON DESIGNATED FOUR LANE HIGHWAYS WITHOUT AN ESCORT › Section 18.23.3.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
This rule is adopted pursuant to NMSA 1978 Section
				  66-7-413
				  C(4).
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 23 - HIGHWAY HEIGHT, LENGTH AND WEIGHT LIMITATIONS › Part 3 - MOVEMENT OF FOURTEEN FOOT MANUFACTURED HOMES ON DESIGNATED FOUR LANE HIGHWAYS WITHOUT AN ESCORT › Section 18.23.3.5 - 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 23 - HIGHWAY HEIGHT, LENGTH AND WEIGHT LIMITATIONS › Part 3 - MOVEMENT OF FOURTEEN FOOT MANUFACTURED HOMES ON DESIGNATED FOUR LANE HIGHWAYS WITHOUT AN ESCORT › Section 18.23.3.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The purpose of this rule is to designate which four-lane
				  highways within the State of New Mexico are safe for the operation and movement
				  of fourteen foot wide manufactured homes without an escort pursuant to NMSA
				  1978 Section
				  66-7-413
				  C(4).
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 23 - HIGHWAY HEIGHT, LENGTH AND WEIGHT LIMITATIONS › Part 3 - MOVEMENT OF FOURTEEN FOOT MANUFACTURED HOMES ON DESIGNATED FOUR LANE HIGHWAYS WITHOUT AN ESCORT › Section 18.23.3.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
"Manufactured Home" means a moveable or portable housing
				  structure that exceeds either a width of eight feet or a length of forty feet,
				  constructed to be towed on its own chassis and designed to be installed with or
				  without a permanent foundation for human occupancy.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 23 - HIGHWAY HEIGHT, LENGTH AND WEIGHT LIMITATIONS › Part 3 - MOVEMENT OF FOURTEEN FOOT MANUFACTURED HOMES ON DESIGNATED FOUR LANE HIGHWAYS WITHOUT AN ESCORT › Section 18.23.3.8 - DESIGNATED HIGHWAYS

Current through Register Vol. 35, No. 13, July 16, 2024
The following four lane divided highways and portions thereof
				  are deemed safe for the operation and movement of fourteen foot wide
				  manufactured homes without an escort:
A. Interstate 10 - In its entirety from the
				Arizona State line to the Texas State line for a total of 164.3
				miles.
B. Interstate 25 - In its
				entirety from the junction of the I10/I25 Interchange in Las Cruces to the
				Colorado State line for a total of 462.1 miles.
C. Interstate 40 - In its entirety from the
				Arizona State line to the Texas State line for a total of 373.5
				miles.
D. US 54/70 - from the
				Alamogordo north City Limit to Jct. US 70 in Tularosa for a total of 9.8
				miles.
E. US 60/84 - from Jct. NM
				224 east to the Texas State line excluding the portion within the Clovis City
				Limits and the Texico City Limits for a total of 20.8 miles.
F. US 62/180 - from south Jct. US 285 in
				Carlsbad east to the Texas State line for a total of 76.2 miles
G. US 64 - from Jct. US 666 south of Shiprock
				to Jct. NM 544 excluding the portion within the Farmington City Limits for a
				total of 48.1 miles.
H. US 70 -
				from Jct. I25 Interchange in Las Cruces east to the Alamogordo west City Limit
				for a total of 62.2 miles.
I. US 70
				- from Jct. US 54 in Tularosa east to Jct. NM 244 for a total of 38.6
				miles.
J. US 70/380 - from
				beginning of four lane 7.6 miles east of Lincoln/Chavez County Line to the
				Roswell west City Limit for a total of 9.0 miles.
K. US 70 - from Portales east City Limit to
				Clovis south City Limit for a total of 14.7 miles.
L. US 84/285 - from the Santa Fe north City
				Limit to the Espanola south City Limit for a total of 30.2 miles.
M. US 180 - from Bayard to Silver City for a
				total of 10.5 miles.
N. US 285 -
				from Jct. NM 31 north of Loving to Jct. US 62/180 in Carlsbad for a total of
				11.7 miles.
O. US 285 - from Jct.
				NM 137 north of Carlsbad to Jct. NM 2 north of Artesia for a total of 21.1
				miles.
P. US 550 - from Farmington
				north City Limit to Jct. NM 173 in Aztec for a total of 15.0 miles.
Q. NM 18 - from Jct. NM 234 east of Eunice to
				Jct. US 82 in Lovington for a total of 40.9 miles.
R. NM 68 - from Espanola north City Limit to
				Jct. NM 582 for a total of 13.2 miles.
S. NM 122 - from Jct. NM 606 to Milan west
				City Limit for a total of 7.3 miles.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 23 - HIGHWAY HEIGHT, LENGTH AND WEIGHT LIMITATIONS › Part 3 - MOVEMENT OF FOURTEEN FOOT MANUFACTURED HOMES ON DESIGNATED FOUR LANE HIGHWAYS WITHOUT AN ESCORT › Section 18.23.3.9 - MUNICIPALITIES REQUIRING ESCORT

Current through Register Vol. 35, No. 13, July 16, 2024
Fourteen foot wide manufactured homes may not travel without
				  escort within the city limits of the following municipalities, as the governing
				  bodies of those municipalities have withheld their consent. The above
				  limitation does not apply to Interstate Highways passing through such
				  municipalities.
A. Truth or
				Consequences
B. Tucumcari
C. Las Vegas
D. Espanola
E. Wagon Mound
F. Farmington
G. Alamogordo
H. Santa Fe
I. Las Cruces
J. Texico
K. Roswell
L. Santa Rosa
M. Portales
N. Albuquerque
O. Clovis
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 24 - AUTONOMOUS MOTOR VEHICLES › Part 1 - GENERAL PROVISIONS - DEFINITIONS AND TESTING › Section 18.24.1.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
New Mexico department of transportation, Post Office Box 1149
				  Santa Fe, New Mexico 87504-1149 (505) 795-1401.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 24 - AUTONOMOUS MOTOR VEHICLES › Part 1 - GENERAL PROVISIONS - DEFINITIONS AND TESTING › Section 18.24.1.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Sections
				  67-3-2,
				  67-3-11, and
				  67-3-14
				  NMSA 1978, and H.B. 270 2021 Legislative Session.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 24 - AUTONOMOUS MOTOR VEHICLES › Part 1 - GENERAL PROVISIONS - DEFINITIONS AND TESTING › Section 18.24.1.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
April 19, 2022, unless a later date is cited at the end of a
				  section.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 24 - AUTONOMOUS MOTOR VEHICLES › Part 1 - GENERAL PROVISIONS - DEFINITIONS AND TESTING › Section 18.24.1.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of these regulations is to establish the
				  notification requirements for entities that wish to test autonomous motor
				  vehicles on public roadways in New Mexico.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 24 - AUTONOMOUS MOTOR VEHICLES › Part 1 - GENERAL PROVISIONS - DEFINITIONS AND TESTING › Section 18.24.1.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
As used in these rules the context clearly indicates
				  otherwise, the following definitions apply:
A.
Definitions beginning with
				"A":
(1) "
Active safety
				system"
means the vehicle systems that sense and monitor conditions
				inside and outside the vehicle for the purpose of identifying perceived present
				and potential dangers to the vehicle, occupants, and other road users, and
				automatically intervene to help avoid or mitigate potential collisions via
				various methods, including alerts to the driver, vehicle system adjustments,
				and active control of the vehicle subsystems (brakes, throttle, suspension,
				etc.).
(2) "
Automated driving
				system" or "ADS"
means the hardware and software that are collectively
				capable of performing the entire dynamic driving task on a sustained basis,
				regardless of whether it is limited to a specific operational design domain;
				"automated driving system" is used specifically to describe a level three, four
				or five driving automation system as defined in Society of Automotive Engineers
				Standard J3016, as published in the
Taxonomy and Definitions for Terms
				Related to Driving Automation Systems for On-Road Motor
				Vehicles
.
(3)
"Autonomous commercial motor vehicle"
means a commercial motor
				vehicle, as defined in Subsection J of Section
				66-1-4.3
				NMSA 1978, that is equipped with and may be controlled by an automated driving
				system.
(4)
"Autonomous motor
				vehicle"
means a motor vehicle that is equipped with and may be
				controlled by an automated driving system and includes an autonomous commercial
				motor vehicle.
(5)
"Autonomous motor vehicle operator"
means the person who engages
				the automated driving system of an autonomous motor vehicle or autonomous
				commercial motor vehicle.
(6)
"Autonomous motor vehicle tester"
or
"tester"
means
				the entity who is testing autonomous motor vehicles on New Mexico public
				roadways.
(7)
"Autonomous
				motor vehicle testing"
or
"autonomous commercial motor vehicle
				testing"
means activities taken in full or in part to evaluate and
				assess:
(a) the automated driving system's
				performance of the dynamic driving task; and
(b) the automated driving system's
				performance with respect to applicable safety areas as defined by the federal
				national highway traffic safety administration for autonomous motor vehicle
				operations.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 24 - AUTONOMOUS MOTOR VEHICLES › Part 1 - GENERAL PROVISIONS - DEFINITIONS AND TESTING › Section 18.24.1.8 - RESPONSIBILITY

Current through Register Vol. 35, No. 13, July 16, 2024
It shall be the responsibility of each division and section
				  within the department to carry out their pertinent functions relating to
				  programming, design and contracting for each project concerning the autonomous
				  motor vehicle testing program. The department shall handle all phases of the
				  autonomous motor vehicle testing program.
New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 24 - AUTONOMOUS MOTOR VEHICLES › Part 1 - GENERAL PROVISIONS - DEFINITIONS AND TESTING › Section 18.24.1.9 - AUTONOMOUS MOTOR VEHICLE TESTING AND OPERATION

Current through Register Vol. 35, No. 13, July 16, 2024
A. The testing and operating of autonomous
				motor vehicles on public roads in New Mexico require compliance with all
				applicable federal and state laws and regulations and municipal ordinance that
				govern motor vehicle operations, unless an exemption or waiver has been granted
				from the governing authority.
B.
				Vehicles equipped with an automated driving system shall meet and follow all
				applicable federal laws, regulations, and guidelines governing motor vehicles;
				meet all applicable certificates, title and registration, licensing, and
				insurance requirements; and be capable of complying with all applicable traffic
				and motor vehicle safety laws and regulations of the state of New Mexico,
				unless an exemption or waiver has been granted from the governing
				authority.
C. For autonomous motor
				vehicle testing or operating with a human driver:
(1) The person testing or operating the
				autonomous motor vehicle may be issued a traffic citation or other applicable
				penalty in the event of a failure to comply with traffic and motor vehicle
				laws.
(2) Only a trained employee,
				contractor or other person authorized by the company developing the automated
				driving system may operate or monitor the performance of the vehicles and
				automated driving system.