New Mexico Administrative Code

This rule prescribes safety standards, registration, and safety permit requirements for all persons seeking to operate an off-highway motor vehicle and applies to all persons seeking to operate an off-highway motor vehicle safety training organization, or serve as an off-highway …

Sections 66-3-1001 through 66-3-1020 NMSA 1978.

Permanent.

October 14, 2016, unless a later date is cited at the end of a section.

The purpose of this rule is to provide minimum and uniform standards for the registration, permitting, and safe operation of off-highway motor vehicles, for the certification of off-highway motor vehicle safety training organizations and instructors, for the conduct of off-highwa…

A. "ASI" means the ATV safety institute, a division of the specialty vehicle institute of America. B. "All-terrain vehicle (ATV)" which means a motor vehicle 50 inches or less in width, having an unladen dry weight of 1,000 pounds or less, traveling on three or more low-pressure …

A. Safety helmets: All OHV operators and passengers under the age of 18 shall wear safety helmets that comply with the safety standards of Title 49 Transportation, Chapter V - National Highway Traffic Safety Administration, Department of Transportation, Part 571-Federal Motor Veh…

A. ASI standard adopted: the department shall approve and certify all ATV safety training organizations whose applications establish that the organization will: (1) use ASI's instructional materials, e-course, or a materially equivalent curriculum; and (2) comply with the inclusi…

(Reserved.)

(Reserved.)

(Reserved.)

(Reserved.)

(Reserved.)

(Reserved.)

(Reserved.)

(Reserved.)

(Reserved.)

(Reserved.)

(Reserved.)

(Reserved.)

(Reserved.)

(Reserved.)

(Reserved.)

(Reserved.)

(Reserved.)

(Reserved.)

Energy, Minerals and Natural Resources Department, State Parks Division.

A. All boat docks shall be constructed in compliance with the provisions of the New Mexico Cultural Properties Act, NMSA 1978, Sections 18-6-1 through 18-6-17, and the Cultural Properties Protection Act, NMSA 1978, Sections 18-6A-1 to 18-6A-6. B. If federal land will be impacted …

A. Boat dock owners are fully responsibility for all damage, direct and indirect, of whatever nature, and by whomever suffered, arising out of a project described in 18.17.3 NMAC and agree to release, hold harmless and indemnify the state from any and all liability, claims or dem…

A. Except as otherwise provided by 18.17.3 NMAC, boat docks shall not exceed 38 feet in length and 30 feet in width. Catwalks shall not be more than 32 feet in length. An entire boat dock, including catwalks and bridges, shall not project into a lake more than 70 feet from the sh…

A. Sanitation devices, electric power sources or permanent storage facilities are not allowed on docks, or adjacent to floating facilities, whether permanent or temporary in nature. B. No habitable structures are permitted on boat docks. C. Boat docks shall be constructed with en…

A. Flotation material shall be extruded polystyrene, expanded polystyrene or a copolymer of polyethylene and polystyrene and shall have a minimum density of 0.9 pounds per cubic foot, and be of consistent quality throughout the float. Beads shall be firmly fused together, and the…

A. Flotation devices for docks, catwalks and bridges shall be designed to support the dead load plus 30-pounds PSF live load applied to deck area. B. Boat dock and dock structural frame shall be designed to support 50 pounds PSF live load applied to the full surface area of the d…

The anchoring systems for boat docks shall be designed and constructed in accordance with sound engineering practice and the actual soil properties encountered at the location of a proposed boat dock and shall meet the standards set forth in 18.17.3.12 NMAC through 18.17.3.15 NMA…

A. Boat docks are subject to inspection by the division, or its authorized agents, without notice, at reasonable times. Boat dock owners shall also allow entities permitting or approving docks to conduct inspections in accordance with that entity's guidelines. If there are no suc…

When a boat dock is removed for any reason whatsoever, including at the initiative of the boat dock owner or at the direction of the division or permitting entity, the boat dock owner is responsible for the complete removal of the entire boat dock including the boat dock, catwalk…

Where conditions on a lake or at a proposed boat dock location warrant, the division in the reasonable exercise of its discretion, may make special rulings, impose additional requirements and allow appropriate variances from 18.17.3 NMAC. In addressing these matters, the division…

18.17.3 NMAC applies to the construction and maintenance of private, non-commercial boat docks ("private boat docks") on lakes that are subject to the division's authority. 18.17.3 NMAC does not address the construction or maintenance of commercial boat docks or marinas, which ar…

Boat dock owners shall allow the division, any other entity permitting or approving the boat dock, law enforcement agencies, fire departments and emergency personnel to access and use a boat dock for emergency purposes, without charge or other compensation, or liability for such …

A. 18.17.3.21 NMAC addresses restrictions on obtaining permits for private boat docks under 18.17.3 NMAC at state parks with or adjacent to lakes. 18.17.3 NMAC states whether private boat docks are allowed on a lake and what entity must be contacted to obtain permission to build …

18.17.3 NMAC is established under the authority of NMSA 1978, Section 16-2-7, or under such other authority or agreements that grant the division authority over such private boat docks (for purposes of 18.17.3 NMAC all such lakes being described as "lakes subject to the authority…

Permanent.

July 1, 2002, unless a later date is cited at the end of a section.

18.17.3 NMAC's objective is to provide construction and maintenance standards for private boat docks on lakes that are subject to the division's authority.

A. "BLM" means the United States department of the interior, bureau of land management. B. "Boat dock" means a structure extending from the shore into the water to permit the landing and mooring of vessels. The term "boat dock" includes the anchoring system, and any catwalks or b…

A. Boat docks approved under 18.17.3 NMAC shall be for personal, family or community uses only and shall not be used for commercial activity. B. The division operates a number of state parks under agreements with other entities. Those agreements and applicable federal, state and …

A. Persons seeking to construct a boat dock shall submit to the division: two complete sets of project plans for the boat dock, including the anchoring system, and any catwalks or bridges that will attach to the boat dock; the surety bond required by 18.17.3.11 NMAC; and the perm…