N.M. Admin. Code § 18.31.6.6

Current through Register Vol. 35, No. 23, December 10, 2024

Section 18.31.6.6 - OBJECTIVE

A. By 18.31.6 NMAC, the department establishes access management requirements which will protect the functional integrity of the state highway system and the public and private investment in that system. Rule 18.31.6 NMAC, and its associated state access management manual which is attached to and filed concurrently with this rule, provides procedures and standards to preserve and protect the public health, safety and welfare, to maintain smooth traffic flow, and to protect the functional level of state highways while considering state, regional, local, and private transportation needs and interests. The access management requirements also consider other department regulations, policies and procedures related to highway rights-of-way such as drainage, archeology, hazardous materials and other environmental aspects.

B. Through the administration of 18.31.6 NMAC, it is the intent of the department to work with property owners and local governments to provide reasonable access to the state highway system. However, the access rights of an owner of property abutting a state highway shall be held subordinate to the public's right and interest in a safe and efficient highway.

C. All owners of property abutting a public road have a right of reasonable access to the general system of streets and highways in the state, but not to a particular means of access. The right of access is subject to regulation for the purpose of protecting the health, safety and welfare of the traveling public.

D. Rule 18.31.6 NMAC addresses the design and location of driveways, medians, median openings, intersections, traffic signals, interchanges and other points of access to public highways under the jurisdiction of the state transportation commission. It is based upon the authority granted to the New Mexico department of transportation.

E. As of June 9, 1989, no person shall construct or modify any permanent or temporary access providing direct vehicular movement to or from any state highway from or to property in close proximity to or adjoining a state highway without an access permit issued by the New Mexico department of transportation. Within those jurisdictions where the local governments and authorities have returned issuing authority to the department, the department has sole authority to issue state highway access permits. However, the department will delegate the authority under 18.31.6 NMAC to other public agencies provided that these agencies minimally adopt the rule and as the department determines in its discretion as delegable.

F. Access permits shall be issued only when the permit application is found to be in compliance with 18.31.6 NMAC. The department, or other issuing authority approved by the department, is authorized to impose terms and conditions as necessary and convenient to meet the requirements of 18.31.6 NMAC.

G. Direct access from a subdivision to a state highway shall be permitted only if the proposed access meets the purposes and requirements of 18.31.6 NMAC. All new subdivision of property shall provide access consistent with the requirements of 18.31.6 NMAC. The provisions of 18.31.6 NMAC shall not be deemed to deny reasonable access to the general street system. The issuance of any permit, agreement, plat, subdivision, plan or correspondence shall not abrogate or limit the regulatory powers of the department or issuing authority in the protection of the public's health, safety and welfare.

N.M. Admin. Code § 18.31.6.6

18.31.6.6 NMAC - Rp, 18 NMAC 31.6.6, 10/15/2001, Adopted by New Mexico Register, Volume XXVIII, Issue 12, June 27, 2017, eff. 6/27/2017