N.M. Admin. Code § 18.20.5.8

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

Section 18.20.5.8 - PERMITTED ENCROACHMENTS

All encroachment under this Section are subject to review by the Department:

A. Overhanging Signs. In urban established business districts where the front of the building is the highway right-of-way line.

(1) Sign overhang must be a minimum of one foot behind the back of the curb.

(2) Sign must have a minimum vertical clearance of twelve (12) feet from the top of the curb.

(3) Sign must be wholly supported from the building or wholly supported by a suitable structure positioned entirely outside of the highway right-of-way.

(4) The minimum vertical clearance of twelve (12) feet will be adhered to unless there is a city ordinance in which the encroachment exists which would require more vertical clearance in which case the city ordinance will prevail.

B. In commercial areas where the Department utilizes existing city right-of-way and there is no additional right-of-way acquired.

(1) Sign must be wholly supported from outside the highway right-of-way being utilized by the Department.

(2) No portion of the sign and its supporting structure may be lower than twelve (12) feet from the top of the curb or theoretical curb line elevation.

(3) No portion of the sign may intrude into the highway right-of-way closer than one (1) foot behind the back of the curb or the theoretical curb line.

(4) The minimum vertical clearance of twelve (12) feet will be adhered to unless there is a city ordinance in which city the encroachment exists which would require more vertical clearance in which case the city ordinance will prevail.

C. Buildings. A building may be allowed to encroach upon highway right-of-way provided the following conditions coexist:

(1) The building was in existence prior to the commencement or construction of the highway;

(2) The encroachment will not interfere with the safe and free flow of traffic as determined by the Secretary or his designee; and

(3) The owner enters into an agreement with the Department whereby the building exterior will not be remodeled or rebuilt on the right-of-way without express permission of the Secretary and, if necessary, the Federal Highway Administration.

(4) Where additional highway right-of-way is being acquired, no building will be allowed to encroach on the highway right-of-way.

D. Awnings and Marquees.

(1) Awnings in urban business districts or closely spaced buildings may be allowed to encroach provided the entire awning is supported from the building and will not lower less than eight (8) feet from the sidewalk, nor closer than six (6) feet from the back of the curb. Permanently constructed covers or canopies over the sidewalk shall conform with the same requirements as awnings. The only advertising to be allowed on awnings or canopies will be the name of the business.

(2) The marquees in urban business districts may be allowed to encroach provided they are supported wholly from outside the highway right-of-way, area minimum height of twelve (12) feet from the top of the curb, and encroach no closer than four (4) feet from the back of the curb.

E. Irrigation Ditches.

(1) On primary and secondary highways where it is impractical to construct irrigation ditches outside the highway right-of-way and wherever deemed necessary by the Secretary of the Department, or his designee, those ditches which are necessary may be constructed by the Department inside the right-of-way. Maintenance of such ditches shall remain the responsibility of those parties deriving benefits therefrom.

(2) There shall be no irrigation ditches constructed, which are parallel to the highway inside the access control line. Where it is impractical to construct irrigation ditches outside the highway right-of-way and wherever deemed necessary by the Secretary of the Department, or his designee, those ditches that are necessary may be constructed by the Department inside the highway right-of-way but outside the access control line. This applies only to situations where the highway right-of-way line and access control line is not the same line. Where they are the same line, no ditches shall be permitted inside the highway right-of-way.

(3) A permit must be obtained from the Department and, if necessary, the approval of the Federal Highway Administration, before locating irrigation ditches on highway right-of-way.

F. Utilities. Utilities on highway right-of-way which are outside construction zones or primary and secondary systems will not be considered as encroachments. The crossing of interstate highways by utilities will be made in such a manner that routine maintenance of the utility can be performed from outside the controlled access line. A permit must be obtained from the Department and, if necessary, the approval of the Federal Highway Administration, before the installation of utilities on highway right-of-way.

G. Special Encroachments.

(1) Special encroachments such as Christmas decorations or banners advertising special events, erected by governmental authorities, may be allowed to encroach for a limited time on primary or secondary right-of-way provided they do not interfere in any way with traffic control devices or traffic signs. Banners so low or Christmas lights of such a color that would make the traffic control devices not immediately and easily noticeable will not be allowed.

(2) Signs informing the public that a particular area, within the median or adjacent to the roadway, is planted, landscaped, or maintained by an organization or individual, may be placed within that particular area, on all state highway systems except the interstate. These signs must be located a minimum of two (2) feet from the back of the curb or the edge of the shoulder, must be a maximum of thirty-three (33) inches high from the top of the curb or existing grade, must have a sign surface no larger than eighteen (18) inches by twenty-four (24) inches, and must conform to any other standards approved by the State Highway Commission. The orientation of the signs must be parallel to the centerline of the roadway. The only information permitted on the signs is the name of the organization or individuals responsible for the planting, landscaping, or maintenance of the area in which they are located, together with a statement that that area is so planted, landscaped, or maintained. Each such sign erected must be approved by the Secretary of the Department or his designee.

N.M. Admin. Code § 18.20.5.8

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