New Mexico Administrative Code
Title 18 - TRANSPORTATION AND HIGHWAYS
Chapter 17 - NAVIGATION AND BOATING
Part 3 - CONSTRUCTION VISITOR PROVISIONS
Section 18.17.3.11 - LIABILITY AND SURETY BOND
Current through Register Vol. 35, No. 6, March 26, 2024
A. Boat dock owners are fully responsibility for all damage, direct and indirect, of whatever nature, and by whomever suffered, arising out of a project described in 18.17.3 NMAC and agree to release, hold harmless and indemnify the state from any and all liability, claims or demands of any nature whatsoever, including the cost of defending against those claims or demands, arising out of or in any manner related to the ownership, construction, operation, maintenance or use of a boat dock.
B. Boat dock owners shall provide evidence of a surety bond in favor of the permitting entity and the state of New Mexico and its agencies including the division issued by a corporate surety company qualified and authorized to do business in New Mexico, to cover the cost of salvage and removal by the division or permitting entity of any boat dock that has come loose from its anchors or has become a hazard to navigation or to the use of state park lakes by virtue of its condition; or, was constructed in a manner that violates 18.17.3 NMAC or other applicable statutes or regulations or rules. The surety bond shall be in an amount not less than $5000, but a larger amount may be required based on the size and configuration of the proposed boat dock or conditions at the lake where the boat dock will be located. Boat dock owners shall provide evidence annually to the division's boating safety and law enforcement bureau chief that the surety bond is in effect.
C. In addition to the surety bond required above, where a lake on which a boat dock will be constructed is owned or subject to the authority of an entity other than the division, persons applying for a permit to construct a boat dock may be required to secure an additional surety bond and insurance coverage in amounts satisfactory to, and for the purposes of, that entity.
D. A boat dock owner's failure to keep in effect the required surety bond and any required general liability coverage is grounds for the permitting entity to revoke the boat dock permit and to require the boat dock owner to remove the boat dock at their expense.
