N.M. Admin. Code § 18.20.5.6 - OBJECTIVE
A. The main purpose
of a highway system is to provide a safe and efficient means of movement for
people and goods. In order to provide for such safe and efficient operation, it
is necessary that certain regulations be established to control the use of the
highway right-of-way consistent with the needs and rights of both the traveling
public and property owners adjacent to the highway right-of-way.
B. The highway right-of-way is to be
preserved for highway purposes except that certain temporary or permanent
occupancies. Use of highway right-of-way for non-highway purposes may be
permitted on the basis that such use and occupancy is in the public interest
and does not result in impairment of the highway or operational interference
with the health, safety and public welfare of road users. All other occupancies
and uses of state highways for non-highway purposes are prohibited.
C. The Department recognizes that any rule
which is adopted may create some unforeseen burdens, hardships or problems and
for that reason reserves the right to vary the provisions of the following
rule, in harmony, however, with the general purposes and intent of the rule
where, in the exercise of sound and reasonable judgment, literal application of
such rule would defeat the objectives hereinafter set forth.
Notes
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