N.M. Admin. Code § 18.20.5.7

Current through Register Vol. 35, No. 24, December 23, 2024

Section 18.20.5.7 - DEFINITIONS

A. "Department" means New Mexico State Highway and Transportation Department.

B. "Encroachment" means an intrusion into, under, upon, or over highway right of way by a permanent structure or fixture. This term shall include, but not be limited to, fences, billboards, permanent signs, buildings, awnings, marquees, storage tanks, pipes, ditches, utilities, concession booths, roadside stands, mailboxes, Christmas displays and banners.

C. "Hazardous Obstruction" means any structure or object (other than a motor vehicle, whether or not an encroachment, situated into, under upon and over highway right-of-way which jeopardized public safety by either creating an unsafe condition or significantly hindering the efficient movement of traffic.

D. "Highway Right-of-way" means all roads, patrol yards, and rest areas owned, controlled, or maintained by the Department. The term "road" means the entire width of the right of way and shall include but not be limited to: travel lanes, roadside, shoulder, median, ditches, culverts, ramps turnouts and construction and maintenance easements.

E. "Non-Hazard Motor Vehicle" means an unattended motor vehicle within highway right-of-way not falling within the definition of Wrecked Vehicle or Traffic Hazard Motor Vehicle, and parked in violation of the Motor Vehicle Code.

F. "Non-Hazardous Obstructions" means an object unlawfully remaining within the boundaries of highway right-of-way which is neither an encroachment, a motor vehicle, a hazardous object, a temporary sign, a political poster or refuse.

G. "Overhanging Sign" means any sign intruding upon highway right-of-way which is affixed to a building or structure lying outside highway right-of-way.

H. "Refuse" means any article, object or substance which is commonly discarded as waste, or which, if discarded on the ground, may create or contribute to an unsanitary, offensive or unsightly condition. Refuse includes, but is not limited to, the following items or classes of items; waste food; waste paper and paper products; cans; bottles or other containers; junked household furnishings and equipment; junked parts or bodies of automobiles and other metallic junk or scrap; portions or carcasses of dead animals; and collections of ashes, dirt, yard trimmings or other rubbish.

I. "Rural Area" means areas outside urban boundaries of all cities, towns, or municipalities of over 5000 population. These boundary lines may or may not coincide with corporate limits but are established by and are on file with the Planning Division of the Department.

J. "Sign" means any readily moveable object (except a motor vehicle), or permanent structure which is placed upon the highway right-of-way and which has as its purpose or effect the conveyance of information to travelers on the highway or property used in conjunction with such purpose.

K. "Traffic Hazard Motor Vehicle" means a motor vehicle left unattended either wholly or partly within a travel lane of the highway right-of-way, or a motor vehicle left unattended within thirty-five (35) feet of the nearest travel lane on all interstate highways (urban and rural) and on all rural primary and rural secondary highways (outside city limits).

L. "Travel Lane" means that portion of the highway right-of-way, which is intended, for the free passage of motor vehicles.

M. "Vending" means the selling, dealing, trafficking, hawking or peddling of goods or services, including, but not limited to, the operation of concession booths and roadside stands.

N. "Wrecked Vehicle" means any vehicle located within the highway right-of-way which shows visible signs of damage from collision, vandalism or other causes, and appears incapable of self-propulsion.

N.M. Admin. Code § 18.20.5.7

12/31/98; Recompiled 11/16/01