New Mexico Administrative Code
Title 18 - TRANSPORTATION AND HIGHWAYS
Chapter 27 - HIGHWAY CONSTRUCTION GENERAL PROVISIONS
Part 6 - TRANSPORTATION PROJECT FUND
Section 18.27.6.7 - DEFINITIONS
Universal Citation: 18 NM Admin Code 18.27.6.7
Current through Register Vol. 35, No. 18, September 24, 2024
As used in this rule:
A. "Annual appropriation" means the annual amount of state funds appropriated to the fund by the legislature.
B. "Beautification project" means a landscape project that is intended to enhance the attractiveness of a public right-of-way or a transportation facility.
C. "Commission" means the state transportation commission.
D. Definitions beginning with "D":
(1)
"Department" means the
New Mexico department of transportation.
(2)
"DFA" means the department
of finance and administration of the state of New Mexico.
(3)
"Directive" is a written
communication that prescribes or establishes policy, organization, methods,
procedures, requirements, guidelines, or delegations of authority. It also
provides information essential to the administration or operation of the
fund.
(4)
"District"
means one of the six New Mexico department of transportation
districts.
(5)
"District
engineer" means the department of transportation district engineer as
designated pursuant to Subsection C of Section
67-3-8
NMSA 1978.
E. "Eligible entity" means those entities eligible under the provisions of the transportation project fund to receive grants for transportation projects.
F. Definitions beginning with "F":
(1)
"Fiscal year" means 12
calendar months commencing on July first and ending on June 30 of the year
being described.
(2)
"Fund" has the same meaning as defined in Section
67-3-78
NMSA 1978 (2019).
G. Definitions beginning with "G":
(1)
"Grant" means the award of
funds from the fund to a grantee for a transportation project.
(2)
"Grantee" means an eligible
entity receiving a grant.
(3)
"Grant agreement" means a written document memorializing the terms
and conditions of a grant award granted pursuant to the grant
program.
(4)
"Grant
award" means the funds awarded to a grantee from the fund pursuant to a
grant.
(5)
"Grant
program" means the grant program established by the department to make
grants to eligible entities for transportation projects.
H. Definitions beginning with "H": [RESERVED]
I. Definitions beginning with "I": [RESERVED]
J. Definitions beginning with "J": [RESERVED]
K. Definitions beginning with "K": [RESERVED]
L. Definitions beginning with "L":
(1)
"Landscape" or
"landscaping" means any vegetation, mulches, irrigation systems, and
other landscape components, such as street furniture, specialty paving, tree
gates, walls, planters, fountains, fences, and lighting (excluding public
utility street and area lighting).
(2)
"Landscape project" means
any planned or actual landscape or landscaping on a public right-of-way,
including its construction or installation, planning, beautification, and
maintenance thereof, by a municipality, county, tribe, or an abutting private
property owner or other non-governmental entity.
(3)
"Letter of approval" means a
document issued by a district engineer that authorizes an eligible entity to
proceed with a project that is located in full or in part within a department
right-of-way or NHS route, or when the project ties into or crosses a
department right-of-way or an NHS route, or when the project may have an effect
on existing improvements within department rights-of-way. A project agreement
is not required for a project that receives a letter of approval.
(4)
"Letter of authorization"
means a document issued by a district engineer that authorizes an eligible
entity to proceed with seeking funding for a project that is located in full or
in part within a department right-of-way or NHS route, or when the project ties
into or crosses a department right-of-way or an NHS route, or when the project
may have an effect on existing improvements within department rights-of-way. A
letter of authorization is a conditional approval of a project. Final approval
shall be given by a project agreement.
(5)
"Local funds" means revenue
received from any locally imposed gross receipts tax, property tax, municipal
gasoline tax, franchise fee, user fees or any other locally imposed fees or
taxes, and enterprise activities, which can be lawfully used for transportation
projects, but excluding state grants and loans and federal grants.
M. Definitions beginning with "M":
(1)
"Maintenance" is defined as the planned strategy of extending the
service life of an existing roadway system, including its structures and
appurtenances, by applying cost-effective treatments or procedures that
preserves the system, retards future deterioration, and maintains or improves
the functional condition of the system without significantly increasing the
structural capacity. Examples of pavement related maintenance activities
include asphalt crack sealing, chip sealing, slurry or micro-surfacing, thin
and ultra-thin hot-mix asphalt overlay, concrete joint sealing, diamond
grinding, dowel-bar retrofit, and isolated, partial or full-depth concrete
repairs to restore functionality of the slab; e.g.; edge spalls, or corner
breaks. Examples of maintenance activities for bridge structures include deck
joint repair and replacement; bearing repair and replacement; localized deck
repairs; deck sealing; grid deck section repair or localized section
replacement; concrete repair on pedestals, bents, caps, piling, piers, and
columns; and bridge deck drainage.
(2)
"Metropolitan transportation
plan" means the official multimodal transportation plan addressing no
less than a 2-year planning horizon that a MPO develops, adopts, and updates
through the metropolitan transportation planning process.
(3)
"MPO" means metropolitan
planning organization.
N. Definitions beginning with "N":
(1)
"National highway
system" or "NHS" means that system of highways designated and approved
in accordance with the provisions of
23 U.S.C.
103(b).
(2)
"Non-state money" has the
same meaning as defined in Section
67-3-78
NMSA 1978.
O. Definitions beginning with "O": [RESERVED]
P. Definitions beginning with "P":
(1)
"Program
guidelines" means guidelines for the operation of the grant program
established and revised by the department from time to time.
(2)
"Project agreement" means a
written document between an eligible entity and the department that
memorializes the roles and responsibilities of the parties with respect to a
project that receives a letter of authorization. The project agreement will
include, but is not limited to, the roles and responsibilities with respect to
design standards and exceptions, compliance with state, local and federal
regulations, survey and right of way acquisition requirements, and construction
phase duties and obligations. A project agreement is required in addition to a
grant agreement.
(3)
"Public
authority" is defined as a Federal, State, county, municipality,
village, town, tribe, or other local government or instrumentality with
authority to finance, build, operate, or maintain a public roadway.
(4)
"Public highway" means every
public street, road, highway or thoroughfare of any kind in this state used by
the public whether actually dedicated to the public and accepted by proper
authority or otherwise.
(5)
"Public right-of-way" means a strip of property, owned by a public
authority, within which a public roadway exists or is planned to be built. The
public right-of-way consists of all lands within the defined highway
right-of-way limits, including airspace above and below the facility. This area
typically includes, but is not limited to, the roadway(s), shoulders, and
sidewalk(s), if any; areas for drainage, utilities, landscaping, berms, and
fencing; rest areas; and the defined clear zone.
(6)
"Public roadway" means any
road or street owned and maintained by a public authority and open to public
travel.
Q. Definitions beginning with "Q": [RESERVED]
R. Definitions beginning with "R":
(1)
"Regional transportation
plan" means the multimodal transportation plan for the non-metropolitan
area covered by the RTPO, developed, adopted and updated through the RTPO
planning process.
(2)
"Roadway" means that portion of a public roadway intended for
vehicular use.
(3)
"RTPO" means regional transportation planning
organization.
S. Definitions beginning with "S":
(1)
"Secretary" means the
cabinet secretary of the New Mexico department of transportation or
designee.
(2)
"State
highway" means every public highway which has been designated as a state
highway either by the legislature or by the state transportation
commission.
T. Definitions beginning with "T":
(1)
"Transportation facility"
means any road, bridge, tunnel, overpass, ferry, airport, mass transit
facility, vehicle parking facility, port facility, sidewalk, bicycle facility
or similar facility used for the transportation of persons or goods, together
with any buildings, structures, parking areas, appurtenances, and other
property needed to operate such facility.
(2)
"Transportation
infrastructure" has the same meaning as defined in Section
67-3-78
NMSA 1978.
(3)
"Transportation project" has the same meaning as defined in
Section
67-3-78
NMSA 1978.
(4)
"Transportation improvement program" (TIP) means a prioritized
listing/program of transportation projects covering a period of four years that
is developed and formally adopted by a MPO as part of the metropolitan
transportation planning process, consistent with the metropolitan
transportation plan, and required for projects to be eligible for funding under
title 23 U.S.C. and title 49 U.S.C. chapter 53.
(5)
"Tribal/local public agency
handbook" means the most recent edition of the guidance developed by the
department to assist tribal and local public agencies in successfully
navigating the planning, design, and implementation of federally-funded
transportation projects.
U. Definitions beginning with "U": [RESERVED]
V. Definitions beginning with "V": [RESERVED]
W. Definitions beginning with "W": [RESERVED]
X. Definitions beginning with "X": [RESERVED]
Y. Definitions beginning with "Y": [RESERVED]
Z. Definitions beginning with "Z": [RESERVED]
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