N.M. Admin. Code § 18.17.3.8 - GENERAL PROVISIONS

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 local statutes, regulations, rules and ordinances may contain provisions that supersede 18.17.3 NMAC. In addition, conditions at a particular lake, or the ownership of land on which a state park operates or around a lake, may restrict the construction or use of boat docks at a particular lake. Provisions applicable to individual state parks are set forth in 18.17.3.21 NMAC.

C. The provisions of the New Mexico Boat Act, NMSA 1978, Sections 66-12-1 through 66-12-23, and statutory provisions applicable to the acquisition and management of state parks, including NMSA 1978, Section 16-2-11, shall guide interpretation of 18.17.3 NMAC.

D. In reviewing project plans for a boat dock, the division may consider, without limitation: applicable federal, state and local statutes, regulations, rules and ordinances; agreements with other public agencies and private parties, including concessionaires; the purposes for which the lake and the state park were created; the management plan for the state park; the health, safety and welfare of other users and activities at the lake and state park, including the impact on boating, fishing and other recreation activities; and, conditions at a given location.

E. Community boat docks approved under 18.17.3 NMAC shall be permitted subject to payment of the following fees.

(1) Application fee - all applications for boat docks made under 18.17.3 NMAC shall be accompanied by a non-refundable application fee of $1,000. In the event an application is rejected or withdrawn, the subsequent application fee for the same boat dock, location and owner is $200.

(2) Annual fees - permittees for community boat docks approved under 18.17.3 NMAC shall submit to the division annual rental fees equal to $2.50 per each square foot of boat dock, but no less than $750 per year. Annual rental fees are due to the division prior to December 1 for the current and subsequent year if it is for a new permit, or by December 1 for the subsequent year if it is for an established permit.

(3) Annual fees for the first year shall be prorated to reflect the actual amount of time the boat dock is present prior to December 1.

Notes

N.M. Admin. Code § 18.17.3.8

18.17.3.8 NMAC - N, 7/1/2002; A, 1/1/2008; A, 1/1/2013