New Mexico Administrative Code
Title 18 - TRANSPORTATION AND HIGHWAYS
Chapter 21 - TRAFFIC CONTROL SIGNAGE
Part 5 - OUTDOOR ADVERTISING REQUIREMENTS
Section 18.21.5.31 - RIGHT-OF-WAY

Universal Citation: 18 NM Admin Code 18.21.5.31

Current through Register Vol. 35, No. 18, September 24, 2024

A. It is unlawful for any sign owner or his agents to damage the landscape of any right-of-way. These damages are more specifically described as follows:

(1) cutting trees or vegetation on the right-of-way for the purpose of facilitating the readability of an outdoor advertising device;

(2) damage to any landscaping, such as grass, shrubs, rocks, gravel or cement; or

(3) damage to any improvements in the right-of-way such as fences, ditches and structures.

B. Access gates shall not be installed in any right-of-way or access control fencing, nor shall right-of-way or access control fencing be cut, altered or damaged in any way.

C. The sign owner shall reimburse the state for the costs of replacing any damaged improvements or features or for returning all features to their original condition, and the sign owner's permits shall be revoked for any signs involved in such acts and the involved signs shall be deemed illegal and non-compensable and subject to removal by the department at the expense of the sign owner pursuant to the provisions of 18.21.5.33 NMAC.

D. Any outdoor advertising device which has been erected in such a manner that all or part of the device encroaches into or upon the right-of-way of any interstate system, NHS or primary system, as defined by the Beautification Act, shall be deemed illegal and non-compensable and subject to removal by the department at the expense of the sign owner pursuant to the provisions of 18.21.5.33 NMAC.

E. Stopping or parking on the right-of-way of any access-controlled highway, or violation of the access control line to service any outdoor advertising device, is unlawful and may constitute grounds for revocation of the permit as to such outdoor advertising device. In the event of such revocation the outdoor advertising device which is the subject of the revoked permit shall be deemed illegal and non-compensable and subject to removal at the expense of the sign owner pursuant to the provisions of 18.21.5.33 NMAC.

F. If vegetation on the right-of-way must be cut or otherwise maintained for the purpose of facilitating the readability of an outdoor advertising device, the owner of the outdoor advertising device, or the permit holder or landowner shall contact the department's office of the district engineer for the district where the device is located and request cutting or other maintenance of the vegetation.

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