New Mexico Administrative Code
Title 18 - TRANSPORTATION AND HIGHWAYS
Chapter 31 - CLASSIFICATION AND DESIGN STANDARDS FOR HIGHWAYS
Part 6 - STATE HIGHWAY ACCESS MANAGEMENT REQUIREMENTS
Section 18.31.6.3 - STATUTORY AUTHORITY

A. State highway commission (now state transportation commission): The basic enabling legislation for the management of access on state highways is Section 67-11-2 NMSA 1978, which states: "The state highway commission (now state transportation commission) is authorized and directed to do those things essential to plan, acquire by reasonable purchase or condemnation and construct a section or a part of a state or federally designated highway as a freeway or controlled-access highway or to make any existing state or federally designated highway a freeway or a controlled-access highway."

B. New Mexico department of transportation: Pursuant to Section 67-3-6 NMSA 1978, the New Mexico department of transportation shall exercise the power, authority, and duty granted to the state transportation commission. Therefore, the department may prescribe rules and regulations for providing access to state highways pursuant to Sections 67-11-1 NMSA 1978 through Sections 67-11-10 NMSA 1978. In addition, the following state transportation commission policy and department administrative directive supplement New Mexico state statutes and shall be followed when determining the type and extent of access to be provided along state highways.