N.M. Admin. Code § 19.2.20.9 - RULE REQUIREMENTS
A. All
roads constructed on state trust lands administered by the New Mexico state
land office shall be constructed and maintained in accordance with this Rule.
Roads built on state trust land that will cross adjacent land administered by
the bureau of land management (BLM) will be constructed and maintained in
concert with the BLM new road policy effective January 1, 1988. Roads built on
state trust land only shall be constructed in accordance with the minimum
standards described in
19.2.20.10 NMAC and maintained in
accordance with the standards described in
19.2.20.11 NMAC, unless local
conditions warrant exceptions. Such exceptions shall be approved by the state
land office district land use specialist (SLO LUS).
B. Certain new temporary roads are exempted
from the construction requirements of this Rule. The roads exempted are those
that will provide access for a seasonal or temporary activity and/or for a
temporary business use. However, these types of roads are subject to
maintenance and/or rehabilitation requirements required by the SLO
LUS.
C. Roads built on state trust
lands shall be constructed and maintained by a right-of-way grantee in
accordance with the requirements set forth in the right-of-way grant if those
requirements are different than the requirements of this Rule. Construction and
maintenance of these roads will be done in a manner that insures that
authorized traffic remains within the right-of-way and erosion damage is
mitigated.
D. When roads built on
state trust lands are no longer needed, as determined by the lessee or right of
way grantee and by the commissioner, they will be abandoned and rehabilitated
according to
19.2.20.12 NMAC. However, the New
Mexico state land office may determine that such a road is still needed for
other purposes, and if so, it shall notify the lessee or grantee in writing of
this determination, at which time the lessee or grantee shall be released from
all responsibility for maintenance and rehabilitation.
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