N.M. Admin. Code § 17.4.2.10 - GENERAL POLICY

It is the general policy of the Department to accord utilities certain legal rights pertaining to the occupation of public right-of-way as outlined below:

A. It is in the public interest for utilities to be accommodated within the public right-of-way of highways and, under limited conditions, within access controlled freeways, including interstates under the jurisdiction of the New Mexico State Highway and Transportation Department when such use does not adversely affect the highway features, aesthetic quality, public use, or safety of the traveling public. NMSA 1978, Section 67-8-15.

B. Public utilities have the power of eminent domain, which gives them a quasi-public status. In addition, a public utility operating in New Mexico has a legal right to install its facilities within highway right-of-way, subject to the regulations of this Department. Public utility facilities are not right-of-way encroachments, nor may they be treated as such. Therefore, the administrative intent of the Railroads and Utilities Section is to provide reasonable, efficient and economic solutions to conflicts between the requirements of highway design, construction operations and safety and the location of public utility facilities. Railroads and Utilities Section Agents, Technicians and other assigned personnel should engage in constant liaison with utilities and railroads, to ensure that the communication and interrelations with them are an on-going function of their work performance.

C. The location or the relocation of public utility facilities within existing New Mexico public highway right-of-way, or right-of-way to be acquired for highway construction purposes, shall be governed by all applicable State laws, rules and regulations, Federal Codes and the Department policy set forth herein.

Notes

N.M. Admin. Code § 17.4.2.10

3/10/71, 11/15/96; Recompiled 12/31/01