N.M. Admin. Code § 18.21.5.31 - RIGHT-OF-WAY
A. It is unlawful
for any sign owner or his agents to damage the landscape of any right-of-way.
These damages are more specifically described as follows:
(1) cutting trees or vegetation on the
right-of-way for the purpose of facilitating the readability of an outdoor
advertising device;
(2) damage to
any landscaping, such as grass, shrubs, rocks, gravel or cement; or
(3) damage to any improvements in the
right-of-way such as fences, ditches and structures.
B. Access gates shall not be installed in any
right-of-way or access control fencing, nor shall right-of-way or access
control fencing be cut, altered or damaged in any way.
C. The sign owner shall reimburse the state
for the costs of replacing any damaged improvements or features or for
returning all features to their original condition, and the sign owner's
permits shall be revoked for any signs involved in such acts and the involved
signs shall be deemed illegal and non-compensable and subject to removal by the
department at the expense of the sign owner pursuant to the provisions of
18.21.5.33 NMAC.
D. Any outdoor advertising device which has
been erected in such a manner that all or part of the device encroaches into or
upon the right-of-way of any interstate system, NHS or primary system, as
defined by the Beautification Act, shall be deemed illegal and non-compensable
and subject to removal by the department at the expense of the sign owner
pursuant to the provisions of
18.21.5.33 NMAC.
E. Stopping or parking on the right-of-way of
any access-controlled highway, or violation of the access control line to
service any outdoor advertising device, is unlawful and may constitute grounds
for revocation of the permit as to such outdoor advertising device. In the
event of such revocation the outdoor advertising device which is the subject of
the revoked permit shall be deemed illegal and non-compensable and subject to
removal at the expense of the sign owner pursuant to the provisions of
18.21.5.33 NMAC.
F. If vegetation on the right-of-way must be
cut or otherwise maintained for the purpose of facilitating the readability of
an outdoor advertising device, the owner of the outdoor advertising device, or
the permit holder or landowner shall contact the department's office of the
district engineer for the district where the device is located and request
cutting or other maintenance of the vegetation.
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