New Mexico Administrative Code
Title 18 - TRANSPORTATION AND HIGHWAYS
Chapter 21 - TRAFFIC CONTROL SIGNAGE
Part 4 - TOURIST ORIENTED DIRECTIONAL SIGNS (TODS)
Section 18.21.4.9 - GENERAL ELIGIBILITY CRITERIA
Current through Register Vol. 35, No. 6, March 26, 2024
It is the intention of TODS to provide information of significant interest to the general traveling public using signs that point out cultural, historical, recreational, educational or entertainment activities or unique commercial activities that are tourist or motorist oriented. In order to qualify for TODS, a business, as a minimum, must:
A. Give written assurance of its conformity with all applicable laws concerning the provisions of non-discrimination with regard to race, religion, sex, color or national origin and shall not breach such assurances;
B. In addition to the aforementioned non-discrimination clause, provide reasonable access and/or accommodation for the physically impaired;
C. Not have illegal signs (billboards) as defined by the Highway Beautification Act of 1965 ( 23 USC 131 ); or the Intermodal Surface Transportation Efficiency Act 1991;
D. Be open to the general motoring public, including families (members only or Time Share Investor facilities shall not be qualified for TODS);
E. Derive the major portion of income and/or number of visitors from motorists not residing in the immediate area of the business; and
F. The business/activity shall be conducted in a building or an appropriate area designed for the purpose. However, a building principally used as a residence may be permitted if there is a convenient, separate, and well-marked entrance.
