New Mexico Administrative Code
Title 18 - TRANSPORTATION AND HIGHWAYS
Chapter 17 - NAVIGATION AND BOATING
Part 3 - CONSTRUCTION VISITOR PROVISIONS
Section 18.17.3.19 - SPECIAL RULINGS, ADDITIONAL REQUIREMENTS AND VARIANCES

Where conditions on a lake or at a proposed boat dock location warrant, the division in the reasonable exercise of its discretion, may make special rulings, impose additional requirements and allow appropriate variances from 18.17.3 NMAC. In addressing these matters, the division may take into consideration, without limitation: applicable federal, state and local statutes, regulations, rules and ordinances; agreements with other public agencies and private parties, including concessionaires; the purposes for which the state park and the lake were created; the management plan for the state park; the health, safety and welfare of other users; and activities at the lake and state park, including the impact on boating, fishing and other recreation activities; and conditions at a given location.