N.M. Admin. Code § 18.21.4.11 - APPLICATION AND APPEAL PROCEDURES
A. Application Procedures: Applications for
tourist oriented directional signing shall be submitted to the appropriate
District Highway and Transportation Office.
B. Applications shall be accompanied with a
photocopy of the business license or other document that shows the actual
registered name of the business and/or DBA that is to be the legend on the TOD
sign(s).
C. The application shall
include a sketch map.
D. The
appropriate District Traffic Engineer shall review/verify TOD applications.
Conditions and recommendations regarding approval will be forwarded with the
application to the State Maintenance Bureau.
E. TODS permits shall be issued to each
eligible applicant, up to the maximum number allowed.
F. If the number of approved applicants for
an intersection is greater than the number of spaces available, space shall be
allocated as follows:
(1) Year-round
operations shall take precedence over seasonal activities, except when the
distance computation of the bumping procedure applies.
(2) If paragraph 5.6.1 [Paragraph (1),
Subsection F., Section 5 of
18.21.4.5 NMAC] of this
sub-regulation does not apply, order of priority shall be the closest,
qualified applicant to the intersection that have applied for a TODS permit in
order to fill vacant space(s).
(3)
Once an activity or site is approved for signing, it may occupy a space as long
as it continues to qualify. However, a year-round activity will be able to bump
a seasonal activity except when the distance computation of the bumping
procedure applies.
G.
Bumping Process: Rank current and new applicants - highest score gets bump.
Notify business of intent to be bumped by March 1st, using Certified/Return
Receipt Mail.
(1) Financial - not paid up to
date is an AUTOMATIC BUMP.
(2)
Distance - 1 point for each 0.1 mile from the TODS intersection to the location
of the business.
(3) Waiver - 30
points each.
H. Appeal
Procedure: Any order of the Department denying an application under these
rules, or for removal of a business sign pursuant to section 5.7 may be
appealed by the applicant or permitees to the appropriate District Office. The
District shall notify applicants or permittees promptly on any application
denial or decision to remove a sign.
Notes
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