TITLE 19 NATURAL
RESOURCES AND WILDLIFE
CHAPTER 2 STATE
TRUST LANDS
PART 19 RELATING
TO RECREATIONAL ACCESS TO STATE TRUST LANDS
19.2.19.1 ISSUING AGENCY: Commissioner of Public Lands, New Mexico State Land Office, 310 Old Santa Fe Trail, P. O. Box 1148, Santa Fe, New Mexico 87501, Phone: (505) 827-5713
[12/31/99; 19.2.19.1 NMAC – Rn, 19 NMAC 2. SLO 19.1, 09/30/02]
19.2.19.2 SCOPE: This rule governs recreational access to state trust lands and assures that recreational access is effected in such a manner that it is consistent with the purposes of the trust.
[12/31/99; 19.2.19.2 NMAC – Rn, 19 NMAC 2. SLO 19.2, 09/30/02]
19.2.19.3 STATUTORY AUTHORITY: The commissioner's authority to manage the state trust lands is found in N.M. Const., Art. XIII, Section 2, and in Section 19-1-1 NMSA 1978. The authority to promulgate this Rule is found in Section 19-1-2 NMSA 1978.
[12/31/99; 19.2.19.3 NMAC – Rn, 19 NMAC 2. SLO 19.3, 09/30/02]
19.2.19.4 DURATION: Permanent.
[12/31/99; 19.2.19.4 NMAC – Rn, 19 NMAC 2. SLO 19.4, 09/30/02]
19.2.19.5 EFFECTIVE DATE: August 13, 1990, unless a later date is cited at the end of a section or paragraph. Reformatted in NMAC format effective December 31, 1999.
[12/31/99; 19.2.19.5 NMAC – Rn, 19 NMAC 2. SLO 19.5, 09/30/02]
19.2.19.6 OBJECTIVE: The objective of 19.2.19 NMAC is to provide for the orderly and lawful use of state trust lands for recreational purposes.
[12/31/99; 19.2.19.6 NMAC – Rn, 19 NMAC 2. SLO 19.6, 09/30/02]
19.2.19.7 DEFINITIONS: As used in this Rule, the following terms shall have the meaning here indicated:
A. “Commissioner” - the commissioner of public lands or any agent or employee of the commissioner who is authorized to act in the commissioner's stead.
B. “Recreational access” - access to state trust lands described in subsection D of 19.2.19.7 NMAC for the purpose of conducting permitted activities thereon.
C. “Permitted activities” - those activities on lands open to recreational access that are authorized by the issuance of a recreational access permit. Permitted activities include, but are not limited to, such activities as hiking, sightseeing, picnicking, observing wildlife, non-commercial pinon nut gathering, photographing, and cross country skiing.
D. “Lands open to recreational access” - those lands, other than lands leased under a New Mexico state land office business lease, that are identified by the surface tract nooks of the New Mexico state land office as in the care, custody, and control of the commissioner, that have not been withdrawn from recreational access by the commissioner, and on which no oil and gas operations or mining operations are being conducted.
E. “Recreational access permit” - an instrument issued by the commissioner that authorizes recreational access by the recreational access permittee and a certain number of persons accompanying the permittee. A recreational access permit shall be valid only in the possession of the recreational access permittee and shall be rendered invalid by its transfer to another. Recreational access permits shall be of two types: an individual/family permit and a school/educational permit.
F. “Individual/family permit” - a recreational access permit issued to a recreational access permittee that authorizes recreational access by the permittee and all family members (not to exceed ten (10) other persons) in the company of the permittee. The permit shall be valid from the date of its issuance through December 31st of the same calendar year.
G. “School/educational permit” - a recreational access permit issued to a recreational access permittee who is the teacher, leader, or sponsor of a school class or educational group, that authorizes recreational access by the permittee and no more than twenty-five (25) members of the permittee's school class or educational group. The permit shall be valid from sunrise to sunset on the same calendar day.
H. “Recreational access permittee” - any person eighteen (18) years old or older to whom or in whose name a recreational access permit is issued.
[12/31/99; 19.2.19.7 NMAC – Rn, 19 NMAC 2. SLO 19.7, 09/30/02]
19.2.19.8 WITHDRAWAL OF LANDS FROM RECREATIONAL ACCESS: The commissioner, in his or her sole discretion, may at any time withdraw any state trust lands from recreational access if the commissioner determines that such withdrawal is in the best interests of the trust. Any lands so withdrawn shall remain unavailable for recreational access until the commissioner, in his or her sole discretion, determines that the availability of the lands for recreational access is in the best interests of the trust.
[12/31/99; 19.2.19.8 NMAC – Rn, 19 NMAC 2. SLO 19.8, 09/30/02]
19.2.19.9 PERMIT APPLICATION: Applications for recreational access permits shall be written in ink upon forms prescribed by the commissioner and shall contain information the commissioner deems appropriate. Each application shall be accompanied by the appropriate fees which shall be non-refundable. The commissioner reserves the right to reject any and all applications if the commissioner determines such rejection is in the best interests of the trust.
[12/31/99; 19.2.19.9 NMAC – Rn, 19 NMAC 2. SLO 19.9, 09/30/02]
19.2.19.10 PERMIT AVAILABILITY AND FEES: Applications for recreational access permits shall be available by mail by writing to the commissioner of public lands, New Mexico state land office, P. O. Box 1148, Santa Fe, New Mexico 87504-1148, by telephone by calling 505-827-5760, or by applying in person at the New Mexico state land office, 310 Old Santa Fe Trail, Santa Fe, New Mexico. The permit fees, payable only by check or money order, shall be as follows: individual/family permit $25.00; school/educational group permit $5.00.
[12/31/99; 19.2.19.10 NMAC – Rn, 19 NMAC 2. SLO 19.10, 09/30/02]
19.2.19.11 IDENTIFICATION AND LOCATION OF RECREATIONAL ACCESS LANDS: Recreational access permittees are solely responsible for correctly identifying the lands they seek to visit pursuant to a recreational access permit as lands open to recreational access. Maps are available at the New Mexico state land office at a nominal fee.
[12/31/99; 19.2.19.11 NMAC – Rn, 19 NMAC 2. SLO 19.11, 09/30/02]
19.2.19.12 TRAVEL: The use of motorized vehicles or any mechanical form of transportation for recreational access is restricted to public highways and roads, as defined by Section 67-2-1 NMSA 1978, that traverse or adjoin lands open to recreational access and to established roads that traverse lands open to recreational access. When lands open to recreational access are fenced, however, and no gate in the fence provides vehicle access to the lands or a gate across the road providing vehicle access is locked, recreational access shall be limited to travel by foot beyond the fence.
[12/31/99; 19.2.19.12 NMAC – Rn, 19 NMAC 2. SLO 19.12, 09/30/02]
19.2.19.13 TRESPASS AND WASTE: Prohibited activities as described in 19.2.19.16 NMAC, on lands open to recreational access are deemed to be trespass, waste or both.
[12/31/99; 19.2.19.13 NMAC – Rn, 19 NMAC 2. SLO 19.13, 09/30/02]
19.2.19.14 LIABILITY: Each recreational access permittee shall agree, as a condition of permit issuance, to assume all liability for claims, losses or damages arising out of, alleged to arise out of, or indirectly connected with activities conducted during recreational access by the permittee and any and all individuals accompanying the permittee and shall further agree to save, hold harmless, indemnify, and defend from all such liability, claims, losses, or damages lessees of state trust land, the commissioner and the commissioner's agents and employees in their official and individual capacities.
[12/31/99; 19.2.19.14 NMAC – Rn, 19 NMAC 2. SLO 19.14, 09/30/02]
19.2.19.15 CANCELLATION: The commissioner may cancel any recreational access permit by providing oral notice of cancellation to the permittee or by mailing written notice of cancellation to the permittee.
[12/31/99; 19.2.19.15 NMAC – Rn, 19 NMAC 2. SLO 19.15, 09/30/02]
19.2.19.16 PROHIBITED
ACTIVITIES:
A. Those activities that are not allowed on lands open to recreational access include, but are not limited to:
(1) disturbing, harassing, injuring, destroying or removing wildlife, livestock, or any other animal life;
(2) disturbing, dislodging, damaging, destroying or removing native plants, standing timber, wood products, flowers, growing crops, or any other plant life other than pinon nuts gathered non-commercially;
(3) disturbing, dislodging, damaging, defacing, destroying or removing historical, archaelogical, paleontological or cultural sites or artifacts;
(4) disturbing, dislodging, defacing, damaging or destroying any improvement, fixture, item, object, or thing placed or located in, under or upon the land;
(5) crossing private land to gain access to state trust lands;
(6) conducting off-road vehicle activities;
(7) bringing unrestrained (unleashed) animals to the lands;
(8) discarding refuse, waste or litter of any kind;
(9) building open fires, igniting fireworks or conducting any other activity that increases the risk of range, brush or forest fires;
(10) conducting any type of commercial operation;
(11) discharging firearms, camping over night, opening without closing gates;
(12) bringing onto state trust lands or consuming thereon any type of alcoholic beverage;
(13) violating any applicable law, statute, regulation, ordinance or rule enacted by a governmental entity;
(14) fishing, trapping or hunting without a valid New Mexico license;
(15) interfering with the authorized activities of other land users; or
(16) entering, climbing or accessing in any way structures, buildings, fixtures or improvements other than fences located on state trust lands
B. The commission of a prohibited activity by one who gained access to state trust lands pursuant to a recreational access permit shall render the permit invalid, and shall constitute grounds for the commissioner to deny recreational access to, and to reject permit applications by, any person who gained recreational access pursuant to the invalid permit.
[12/31/99; 19.2.19.16 NMAC – Rn, 19 NMAC 2. SLO 19.16, 09/30/02]
HISTORY OF 19.2.19 NMAC:
Pre-NMAC History: The material in this Part was derived from that previously filed with the State Records Center and Archives under:
SLO Rule 19, Relating to Recreational Access to State Trust Lands, filed 08/13/90.
SLO Rule 19, Amendment No. 1, filed 11/04/91.
History of Repealed Material: [Reserved]