Chapter 67 — Chapter 67

payment; penalty.] That any such corporation so constructing, keeping and maintaining any such wagon road, bridge or ferry shall have power and authority to charge, receive and collect the rates, tolls and charges fixed, as aforesaid, from any person or persons, companies or corp…

That the corporation and the individual owners of any such wagon road, bridge or ferry shall be liable in damages to any person so using the same, for any injuries to person or property caused by the neglect, fault or omission to keep said road, bridge or ferry in good and safe c…

As used in this act [67-11-1 to 67-11-10 NMSA 1978], "controlled-access facility" means a highway or street especially designed for through traffic and over, from or to which owners or occupants of abutting land or other persons have no right or easement or only a controlled righ…

A. It is unlawful for any person: (1) to drive a vehicle over, upon or across any curb, central dividing section or other separation or dividing line on controlled-access facilities; or (2) to make a left turn or a semicircular or u-turn except through an opening provided for tha…

The 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 an…

The state transportation commission is authorized and directed to enter into an agreement with the authority exercising jurisdiction over the street or highway and, in accordance with the terms of this agreement, when essential, to close any street or highway or to reroute such s…

The highway authorities of the state or of any county, city, town or village are authorized to so design any controlled-access facility and to so regulate, restrict or prohibit access as to best serve the traffic for which such facility is intended. In this connection such highwa…

For the purposes of Chapter 67, Article 11 NMSA 1978, the state transportation commission alone or in agreement with any county, city, town or village may acquire private or public property and property rights for controlled-access facilities and service roads, including rights o…

Court proceedings necessary to acquire property or property rights for purposes of this act [67-11-1 to 67-11-10 NMSA 1978] shall take precedence over all other causes not involving the public interest in all courts, to the end that the provision of controlled- access facilities …

The state highway commission, alone, or in agreement with any county, city, town or village may designate and establish controlled-access highways as new and additional facilities or may designate and establish existing streets or highways as included within a controlled-access f…

The highway authorities of the state, city, county, town or village are authorized to enter into agreements with each other, or with the federal government, respecting the financing, planning, establishment, improvement, maintenance, use, regulation or vacation of controlled-acce…

Commercial enterprises or activities may be conducted, permitted or authorized on department-owned land or land leased to or from the department, not including interstate highway rights of way, but including controlled-access facilities; or land owned or leased to or from the sta…

This act [67-12-1 to 67-12-14 NMSA 1978] may be cited as the "Highway Beautification Act." History: 1953 Comp., § 55-11-1, enacted by Laws 1966, ch. 65, § 1.

compensation. A. The commission may screen, at its expense, any junkyard located within one thousand feet of the nearest edge of the right-of-way of the interstate and primary systems and visible from the main-traveled way thereof, if the commission considers such screening feasi…

The establishment, operation or maintenance of any junkyard contrary to the provisions of the Highway Beautification Act is a public nuisance. In addition to all other remedies and powers granted to the commission by the Highway Beautification Act, the commission may cause the pu…

The commission may: A. promulgate regulations it deems necessary to implement and enforce the Highway Beautification Act; and B. enter into agreements with the secretary of commerce pursuant to Title 23, United States Code, relating to the control of outdoor advertising and junky…

Nothing in the Highway Beautification Act affects the provisions of any lawful ordinance or regulation which is more restrictive than the Highway Beautification Act. History: 1953 Comp., § 55-11-12, enacted by Laws 1966, ch. 65, § 12; 1971, ch. 108, § 8.

A. The commission may acquire and improve land necessary for the restoration, preservation and enhancement of scenic beauty within and adjacent to the interstate and primary systems, including acquisition for publicly owned and controlled rest and recreation areas and sanitary an…

The commission shall, to the maximum extent practicable and with due consideration for safety, seek to arrange for tree plantings along all medians and public rights-of-way. The commission and the director of the forestry division of the energy, minerals and natural resources dep…

As used in the Highway Beautification Act: A. "interstate system" means that portion of the national system of interstate and defense highways located within this state as may now or hereafter be officially so designated by the commission and approved pursuant to Title 23, United…

In order to promote public safety, health, welfare, convenience and enjoyment of public travel, to protect the public investment in public highways and to preserve and enhance the scenic beauty of lands bordering public highways, it is the public policy of this state to regulate …

A. Outdoor advertising shall not be erected or maintained except: (1) directional and other official signs and notices authorized or required by law, including, but not limited to, signs and notices pertaining to houses of worship, natural wonders and scenic and historic attracti…

A. The commission may promulgate regulations concerning: (1) the definition of unzoned industrial or commercial areas adjacent to the interstate and primary systems; (2) the removal of outdoor advertising so required or authorized under the Highway Beautification Act; (3) permits…

A. The commission may acquire by agreement or condemnation all outdoor advertising and property rights pertaining thereto. The commission may so remove the outdoor advertising if at the time of the acquisition: (1) the outdoor advertising bears the requisite permit, if any; (2) t…

centers. In order to provide information in the specific interest of the traveling public, the commission may authorize outdoor advertising at safety rest areas and at information centers. History: 1953 Comp., § 55-11-7, enacted by Laws 1966, ch. 65, § 7.

private commercial operation of tourist information centers prohibited; penalty. A. The state highway department or any lessee of highway department property shall not grant any lease, sublease, franchise or concession to any private person, corporation, association, partnership …

A. No person shall establish, operate or maintain a junkyard, without first obtaining a junkyard license from the commission. The commission shall establish and collect uniform fees for the issuance of junkyard licenses. The fee shall not be more than the actual cost to the commi…

This act [67-13-1 to 67-13-16 NMSA 1978] may be cited as the "Scenic Highway Zoning Act." History: 1953 Comp., § 55-14-1, enacted by Laws 1973, ch. 17, § 1.

required; notice. A. A county, within its jurisdiction, shall provide for the manner in which scenic highway zoning regulations and restrictions are determined, established, enforced, amended, supplemented and repealed. B. No proposed scenic highway zoning regulation or restricti…

A. The board shall provide, by resolution, the procedure to be followed in considering appeals allowed by this section. A record shall be made of all proceedings. B. Any aggrieved person or any public body affected by a decision of an administrative officer, in the enforcement of…

A. A person aggrieved by a decision of the board may appeal to the district court pursuant to the provisions of Section 39-3-1.1 NMSA 1978. B. The appeal shall not stay the decision appealed from, but the court may, on application, grant a restraining order. History: 1953 Comp., …

A. The Scenic Highway Zoning Act, and any ordinance adopted pursuant to it, shall be enforced by the board in the same manner as municipal ordinances are enforced under Sections 3-21-8 through 3-21-11 NMSA 1978 of the Municipal Code. B. In addition, if any building or structure i…

If any other statute or regulation or any local ordinance of any county or municipality is applicable to any premises within the boundaries of the scenic highway zone, the provisions of the existing statute, regulation or local ordinance shall govern within the geographical bound…

A board may contract for staff assistance and the service of another body, if the other body is a: A. state agency; B. federal agency; or C. planning or zoning commission of a county or municipality within the boundaries of the scenic highway zone. History: 1953 Comp., § 55-14-15…

Nothing in the Scenic Highway Zoning Act shall be construed to derogate from any powers of the state transportation commission under the Highway Beautification Act [67-12-1 to 67-12-14 NMSA 1978] or the powers of the commission relating to the construction, repair or maintenance …

It is declared as a matter of legislative determination that: A. the powers and duties provided in the Scenic Highway Zoning Act will serve a public use and will promote the health, safety, prosperity, security and general welfare of the inhabitants of New Mexico; B. the operatio…

As used in the Scenic Highway Zoning Act: A. "board" means a board of county commissioners; B. "highway" means any United States highway, state highway or any combination of such highways used for vehicular traffic; C. "person" means any human being, association, partnership, fir…

The board of county commissioners of any county, through which any highways extend, which highways have been designated by a joint memorial of both houses of the legislature as being a scenic road, may establish or amend by ordinance a scenic highway zone, provided such ordinance…

The boundaries of a scenic highway zone are limited to a strip of real property five hundred feet wide on each side of the right-of-way of any highways established as a scenic highway zone by ordinance of the county. History: 1953 Comp., § 55-14-5, enacted by Laws 1973, ch. 17, §…

All powers, rights, privileges and duties vested in or imposed upon county commissioners shall be exercised and performed by the board; provided, that the exercise of any and all executive, administrative and ministerial powers may be, by the board, delegated and redelegated to o…

The action and decision of the board as to all matters passed upon it in relation to any action, matter or thing provided herein shall be final. History: 1953 Comp., § 55-14-7, enacted by Laws 1973, ch. 17, § 7.

The board may make and pass resolutions, regulations, ordinances and orders not repugnant to the provisions of the Scenic Highway Zoning Act, necessary or proper for the government and management of the affairs of a scenic highway zone, for the execution of the powers vested in t…

A. For the purpose of promoting the health, safety and the general welfare, and for the purpose of historic preservation, a county commission is a scenic highway zoning authority, with all of the powers provided for a municipal zoning authority under Sections 3-21-1 through 3-21-…

Notwithstanding any other provision of law, the state of New Mexico hereby finds and declares that the removal of certain directional signs, displays and devices, in certain specified areas, lawfully erected under state law in force at the time of their erection, which do not con…

As used in this act [67-14-1 to 67-14-3 NMSA 1978], "motorist services directional signs" means signs giving directional information about goods and services in the interest of the traveling public, including but not limited to: A. places of public lodging; B. places where food i…

The state transportation commission, upon receipt of a declaration, petition, resolution, certified copy of an ordinance or other clear direction from a board of county commissioners or governing body of a municipality, provided that such resolution is not in conflict with an exi…

This act [67-15-1 to 67-15-4 NMSA 1978] may be cited as the "Clean Highways Act." History: 1953 Comp., § 55-11A-1, enacted by Laws 1977, ch. 271, § 1.

A. The purpose of the Clean Highways Act is to accomplish litter control throughout this state by delegating to the state highway department, and providing funds therefor, the authority to conduct a permanent and continuous program to control and remove litter from the roads and …

administration duties. The state highway department shall: A. establish within the department an office of highway litter control. Such office shall be charged with the administration and enforcement of the Clean Highways Act and shall supervise designated personnel within each o…

The state highway department may: A. enter into agreements with counties, municipalities and communities of this state and provide a program of grants on a matching basis to carry out appropriate litter control programs along state highways within such county, municipality or com…