Current through Register Vol. 35, No. 6, March 26, 2024
A.
Purpose: The access control
review procedures define the process that the department shall follow when
considering requests for permanent breaks in existing access control lines, and
for establishing or modifying access control limits on new or existing state,
federal and interstate highways. Decisions regarding access control matters on
state highways shall be addressed by the access control review committee of the
department. Review and approval of an access break in established access
control lines shall be required by the access control review committee. Refer
to the state access management manual for further
clarification of the access control review procedures.
B.
Access control review committee:
(1) Purpose: The purpose of access
control review committee is to review all access control requests by department
staff members who have the expertise to identify issues that need to be
resolved before access control limits are established or modified, or access
breaks are recommended for approval.
(2) Authority: The access control review
committee has authority to deny requested access control breaks for existing
access control facilities. Access control breaks denied by the committee may be
appealed to the secretary of the New Mexico department of transportation or
his/her designee.
(3) Quorum
definition: It shall be required that a simple majority of voting members of
the committee, or their alternates, be in attendance for a quorum.
C.
Operating
procedures:
(1) The two basic functions
of the access control review committee are:
(a) To make recommendations to the secretary,
or his/her designee, on requests for establishing access control on new or
existing state, federal and interstate highways; and,
(b) To make recommendations to the secretary,
or his/her designee, regarding requests for permanent breaks in existing access
control lines on state, federal and interstate highways.
(2) The committee shall have the authority to
deny access control breaks. A denial by the committee may be appealed to the
secretary, or his/her designee. Any access control breaks permitted shall, as a
minimum, be in conformance with criteria contained in the most current edition
of this rule, the interstate access control policy (CP 65),
and any other applicable statutes, policies or procedures.
D.
New or modified access control
limits on state, federal or interstate highways: Operating procedures of
the access control review committee for requests to establish access control on
new highways or existing non-access controlled highways and procedures for
modifying access control limits which shall include but not limited to
shifting, extending or reducing on access-controlled highways shall be as
follows. Refer to the state access management manual for
further clarification.
(1) A request for the
establishment or modification of access control shall be received by the
chairperson of the access control review committee from a department project
development engineer or from other government agencies. It shall be the
responsibility of the requestor, whether representing the department or other
government agency, to provide a complete information/request package showing:
Location, identified by stationing, distances and proposed right-of-way map;
specific purpose, defined in a feasibility study or corridor study; and, source
of funding, for all costs including engineering.
(2) The chairperson shall request the right
of way bureau chief to review the right-of-way map(s) and request lands
engineering to prepare a draft administrative determination prior to review and
consideration by the committee. The draft administrative determination should
be reviewed by the project development engineer, or requestor, and the traffic
technical support engineer prior to review and consideration by the
committee.
(3) The access control
review committee shall either recommend approval of the draft administrative
determination as presented or recommend approval based upon committee
discussions and recommended modifications. The access control review committee
may also recommend deferral of action on an administrative determination to a
later meeting if additional information is required by the committee for
evaluation. If the access control review committee votes to recommend
disapproval of a draft administrative determination, they shall provide
specific reasons to the requestor for their recommendation.
(4) After the administrative determination
has been recommended for approval by the committee, it shall be sent to the
secretary or his/her designee, for review and approval or disapproval. The
request shall be sent to FHWA for approval if on a federal or interstate
highway.
(5) If the request is
disapproved by the secretary or FHWA, it shall be sent back to the chairperson
of the committee to inform the requestor of the disapproval.
(6) Once all approvals are obtained, the
chairperson shall send all documents to the office of record, which is the
right of way bureau chief's office. The right of way bureau chief, or his/her
designee, shall send a copy of the approved resolution to the owners of record
of all affected properties.
E.
Requests for interstate access
control breaks: Requests for interstate access control breaks, which are
requests for direct access to the interstate or requests that will have a major
impact on the operation or function of the existing interchange, ramps,
existing crossroad, etc., shall be handled as specified by applicable state and
federal law, rules, regulations and procedures.
F.
Requests for access control breaks:
Operating procedures of the access control review committee for
requests for permanent access control breaks within the limits of existing
access control rights-of-way on all federal or state highways (other than
interstate) shall be as follows.
(1) A request
for an access control break shall be received by the chairperson of the access
control review committee from a department district office, a project
development engineer, an access control study team, another governmental agency
or from an individual from the public or a private firm. For requests that
create major impacts (i.e. requires a new interchange or major modifications),
it shall be the responsibility of the requestor to provide a complete
feasibility study similar to that required for interstate access. For requests
that may create intermediate impacts (i.e. require traffic signals, require
intermediate geometric improvements, etc.), the requestor shall furnish a
traffic engineering evaluation or other reports to determine if the requested
access is feasible. For access requests that appear to be minor, the request
shall be submitted to the access control review committee for
processing.
(2) Once all pertinent
information is received, the request shall be placed on the agenda for the next
Access control review committee meeting. The access control review committee
shall consider all pertinent data available concerning the request for a break
in the existing access control line.
(3) The Access control review committee shall
recommend approval of the access control break as presented; or, recommend
approval based upon committee discussions and recommended modifications; or,
recommend deferral if additional information is required; or deny the request.
The committee may request that a specific report or feasibility study be
conducted if after reviewing the request the committee considers it to have
major or intermediate impacts. If the access control review committee votes to
deny an access control break, specific reasons for the denial shall be provided
and a copy shall be sent to the secretary or his/her designee. A denial by the
committee may be appealed to the secretary, or his/her designee.
(4) After the access control break
(administrative determination) has been recommended for approval by the
committee, it shall be sent to the secretary or his/her designee, for review
and approval or disapproval. The request shall be sent to FHWA for approval if
on a federal or interstate highway.
(5) Once all approvals are obtained, the
chairperson shall send all documents to the office of record, which is the
right of way bureau chief's office. The right of way bureau chief shall request
the appropriate appraisal difference be paid back to the department.
(6) Once all approvals have been obtained and
the appraisal difference has been paid back to the department, the
access-controlled right-of-way becomes non-access controlled right-of-way and
the right of way bureau chief, or his/her designee, informs the requestor and
the respective district that the requests for access may proceed contingent on
all department requirements being met. The respective district shall be
responsible for making sure all construction is completed in accordance with
the department's regulations and any requirements that were made by the
department regarding the approval of the access control break.
G.
Temporary construction
access breaks: Any requests for temporary construction access breaks for
department construction projects should be incorporated in roadway plans during
their development. These requests should follow the format described in the
access permit form C-196.
H.
Temporary access breaks: Any request for a temporary access break,
which is not related to a construction project, shall be submitted to the
access control review committee for their review and approval. The temporary
access break does not require an administrative determination or approval of
the secretary, but shall have FHWA approval if for a federal or interstate
highway. If the committee denies a temporary access break, it can be appealed
to the secretary, or his/her designee. If an appeal is approved by the
secretary, or his/her designee, the request must be forwarded to FHWA for their
review and approval if for a federal or interstate highway.
I.
Access control recommendations by
other government agencies:
(1) All
access control recommendations by other government agencies for federal or
state highways shall be submitted to the departments access control review
committee in compliance with 18.31.6.19 NMAC.
(2) Any and all access control
actions/recommendations (made by other governmental agencies) on federal or
state highways which have not been approved according to the access control
review procedures shall not be effective until acted on as set forth
herein.
