New Mexico Administrative Code

TOD signs shall be used only in rural areas where the business is not visible from the highway. Businesses visible from the road shall not qualify to receive TOD signing. Specifically, a prospective TOD business may be located: A. in a rural area, inside the limits of an unincorp…

It is the intention of TODS to provide information of significant interest to the general traveling public using signs that point out cultural, historical, recreational, educational or entertainment activities or unique commercial activities that are tourist or motorist oriented.…

New Mexico Department of Transportation. [P.O. Box 1149 Santa Fe, New Mexico 87504-1149 (505) 827-5460]

No outdoor advertising device may be erected or maintained which: A. physically intrudes upon the right-of-way or by being of such a distracting nature so as to dangerously divert driver's attention from the roadway; B. attempts or appears to attempt to direct the movement of tra…

Signs containing the following copy are prohibited: A. the imitation or simulation of official U.S. interstate, state or county highway sign shields within advertising displays; and B. any words that could be construed as a command, such as "stop, turn right (or left)," or any su…

On-premise signs are limited to signs advertising on-premise activities only and shall adhere to the following requirements. A. Signs must be used only to advertise the activities conducted on the property where the sign is located. B. There must be a regularly used building, ser…

A. The use of changeable electronic variable message sign (CEVMS) technology, shall not, in itself, constitute the use of flashing, intermittent or moving light or lights. B. Off-premise changeable electronic variable message signs (CEVMS) shall be allowed, regardless of the tech…

A. Permit required. A person desiring to erect, install, convert or maintain an off-premise changeable electronic variable message sign shall obtain a new permit from the department pursuant to this rule for that use prior to erection, installation, conversion or maintenance of t…

A. An outdoor advertising device shall qualify as a landmark sign of historical or artistic significance under 23 U.S.C. Section 131 upon presentation, to the department, of satisfactory proof as determined by the department, that the sign has been lawfully in place and maintaine…

A. Directional signs prohibited. The following signs are prohibited: (1) signs advertising activities that are illegal under federal or state laws in effect at the location of those signs or at the location of those activities; (2) signs located in such a manner as to obscure or …

No outdoor advertising device shall be erected or maintained without documentation that the applicant or permit holder has the legal right to occupy or possess the site on which the outdoor advertising device is to be located or currently resides. Violation of this provision shal…

A. The maximum area of the face of any outdoor advertising device, including any embellishments, extensions or add-ons, shall be eight hundred (800) square feet, except as otherwise provided in this rule. Length and height measurements shall include border and trim, but shall not…

For all signs other than directional signs and CEVMS signs. A. Interstate systems and access-controlled freeways. No two (2) signs on the same side of the right-of-way shall be spaced less than five hundred (500) feet apart inside and outside villages and cities. B. NHS or primar…

This part applies to all state agencies and the general public.

A. Measurements. An unzoned commercial or industrial area shall be measured from the outer edge of the regularly used buildings, parking lots, storage or processing areas of the activities, and not from the property line of the activity, unless the property line and outer edge of…

Signs shall not be placed with illumination that interferes with the effectiveness of any official traffic sign or device. Signs shall not contain, include or be illuminated by flashing, intermittent or moving light or lights (except that part necessary to give public service inf…

A. Permit required. No outdoor advertising device or face allowed under Subsections A, D, E, F and G of 18.21.5.8 NMAC may be erected or maintained unless the owner of the outdoor advertising device or face first obtains a permit for the device or face from the department. Except…

A. Site review. In reviewing an application for an outdoor advertising device permit, the department shall conduct a site review and inspection to ensure that the description, location and other information contained in the application are in compliance with this rule. B. Permit.…

Every permit shall be renewed annually and accompanied by a renewal fee in the amount of twenty-five dollars ($25.00) for the calendar year. Effective January 1, 2015, the annual renewal fee for every permit shall be forty dollars ($40.00). The department shall issue renewal invo…

A. Upon the approval of an application for a permit, the department shall issue a sign permit tag for the specific sign at a given location. B. A sign permit tag shall be valid from the date of its issuance until the following December 31 unless otherwise notified by the departme…

All signs must have affixed the sign owner's name on a separate name panel of durable material fastened to the sign. A commercial sign company shall limit the name plate to its trade name only, provided that the trade name is as indicated on all the company's outdoor advertising …

When a sign which is the subject of the issuance of a permit and tag is not erected at the date of such issuance, such sign must be erected within one hundred twenty (120) days after such issuance, with the tag properly affixed, or the permit and tag shall be void. Upon written r…

Local political subdivisions shall have authority under their own zoning laws to create zoned commercial or industrial areas, and the valid action of such local political subdivision in this regard will be accepted for the purposes of these rules. The department will not issue pe…

A. Customary maintenance shall be performed on all permitted signs. For the purpose of this section, a sign owner shall be allotted six (6) months to restore and replace copy, at which time the department may give a thirty (30) day notice to the owner to revitalize the sign or re…

This part is promulgated pursuant to the provisions of the New Mexico Highway Beautification Act, Sections 67-12-1 et seq., NMSA 1978; and Sections 67-3-6, 67-3-11 and 67-3-14 NMSA 1978.

A. Customary maintenance of non-conforming signs may only include the following: (1) changing existing non-structural external light fixtures for energy efficiency; (2) replacing structural components with the same materials consistent with this rule, including replacement of pol…

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 …

Any outdoor advertising device which has been erected and maintained under permit, but is at variance from the location set forth in the permit application, and which location variation has not resulted from department's actions, may have its permit revoked and the sign deemed il…

A. Compensable signs. Any outdoor advertising device that meets the requirements of Subsection A of Section 67-12-6 NMSA 1978 may be acquired by the commission by agreement or condemnation in the manner provided by law, with just compensation paid pursuant to Subsection B of Sect…

A. In addition to the specific penalties set forth in this rule, the department may suspend permitting privileges if repeated violations by a permit holder, sign owner or landowner establish a pattern or practice of disregard for these rules, as determined by the department. A no…

Permanent.

February 14, 2014, unless a later date is cited at the end of a section.

The purpose of this part is to implement and enforce the New Mexico Highway Beautification Act, Sections 67-12-1 et seq., NMSA 1978.

A. "Abandoned sign" or "discontinued sign" means any outdoor advertising device that: (1) is without copy for a period of six (6) months; or (2) where the permit holder no longer has the right to occupy or possess the site on which the outdoor advertising device is located. B. "A…

Only the following outdoor advertising devices may be erected or maintained: A. directional signs and other official signs and notices; B. signs on a piece of property giving notice that the specific land or improvements alone are offered for sale or lease; C. on-premise signs th…

A. Any sign lawfully erected along a highway which is not part of the interstate system, NHS or primary system at the time of the sign's erection and which sign becomes subject to the provisions of the Beautification Act and this rule due to the reclassification of the highway as…

New Mexico State Highway and Transportation Department P. O. Box 1149 Santa Fe, New Mexico 87504-1149 (505) 827-5499

All movers of manufactured homes and general public.

This rule is adopted pursuant to NMSA 1978 Section 66-7-413 C(4).

Permanent.

October 31, 1998, unless a later date is cited at the end of a section or paragraph.

The purpose of this rule is to designate which four-lane highways within the State of New Mexico are safe for the operation and movement of fourteen foot wide manufactured homes without an escort pursuant to NMSA 1978 Section 66-7-413 C(4).

"Manufactured Home" means a moveable or portable housing structure that exceeds either a width of eight feet or a length of forty feet, constructed to be towed on its own chassis and designed to be installed with or without a permanent foundation for human occupancy.

The following four lane divided highways and portions thereof are deemed safe for the operation and movement of fourteen foot wide manufactured homes without an escort: A. Interstate 10 - In its entirety from the Arizona State line to the Texas State line for a total of 164.3 mil…

Fourteen foot wide manufactured homes may not travel without escort within the city limits of the following municipalities, as the governing bodies of those municipalities have withheld their consent. The above limitation does not apply to Interstate Highways passing through such…

New Mexico department of transportation, Post Office Box 1149 Santa Fe, New Mexico 87504-1149 (505) 795-1401.

A. Prior to testing or operating a fully autonomous motor vehicle on New Mexico public roadways without a driver, the autonomous motor vehicle owner shall provide the New Mexico department of public safety and the New Mexico department of transportation a copy of a law enforcemen…