New Mexico Administrative Code
Title 18 - TRANSPORTATION AND HIGHWAYS
Chapter 17 - NAVIGATION AND BOATING
Part 3 - CONSTRUCTION VISITOR PROVISIONS
Section 18.17.3.12 - BOAT DOCK SIZE AND CONFIGURATION
Current through Register Vol. 35, No. 6, March 26, 2024
A. Except as otherwise provided by 18.17.3 NMAC, boat docks shall not exceed 38 feet in length and 30 feet in width. Catwalks shall not be more than 32 feet in length. An entire boat dock, including catwalks and bridges, shall not project into a lake more than 70 feet from the shoreline at any time, regardless of lake elevation.
B. Boat docks located in coves or other narrow channels may not have a length greater than one-third of the distance to the opposite shoreline, or extend to within 25 feet of the center of the cove, whichever is more limiting, regardless of lake elevation.
C. Except as otherwise provided by requirements in 18.17.3 NMAC for community boat docks, boat docks shall be constructed only in the following configurations: straight pier, T, L, F or U-shaped.
D. Persons seeking approval for a community boat dock may propose alternate configurations, such as an E shape, where the use of such configurations would be appropriate. In evaluating whether to approve the use of an alternate configuration for a community boat dock, the permitting entity may consider the factors described below for limiting the length or configuration of a boat dock, catwalk or boat dock.
E. Every boat dock shall have a minimum 50-foot setback from any other boat dock.
F. Notwithstanding the foregoing, based upon conditions at a given location the division or permitting entity may require length of a boat dock, catwalk and an entire boat dock to be shorter than the lengths set forth above, or may require greater setbacks from other boat docks. In addition, the division or permitting entity may limit the acceptable configurations of a boat dock. Conditions that the division or permitting entity may consider when determining whether to limit lengths or acceptable configurations or in requiring greater setbacks include, without limitation, the width or depth of a lake, channel or waterway at the location of the proposed boat dock; existing or proposed boat docks and boat docks in the vicinity of that location; and use of the surrounding area by others such as boaters, fishermen and water recreationists.
G. Boat docks may not be configured or placed in a manner that will restrict public access to a lake where such access is otherwise permitted by law.
