N.M. Admin. Code § 19.2.19.7

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

Section 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 open to recreational and educational access described in Subsection D of 19.2.19.7 NMAC for the purpose of conducting non-commercial 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 and are not prohibited under 19.2.19.18 NMAC. 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 books of the New Mexico state land office as in the care, custody, and control of the commissioner, that have not been withdrawn from recreational access by the commissioner, and on which no oil and gas operations or mining operations are being conducted.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:

(1) "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 10 other persons) in the company of the permittee. The permit shall be valid for one year from the date of issuance, such term to apply retroactively to any individual/family permit issued during the 12-month period prior to the effective date of this rule.

(2) "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 50 members of the permittee's school class or educational group for up to three days. The permit shall be valid from sunrise to sunset for one to three consecutive calendar days.

F. "Recreational access permittee" - any person 18 years old or older to whom or in whose name a recreational access permit is issued.

G. "Established road" - A road built or maintained by equipment, and which shows no evidence of being closed to vehicular traffic by such means as berms, ripping, scarification, reseeding, fencing, gates, barricades, or posted closures. In addition, this includes observable two-track roads. A two-track road is one which shows use for purposes such as recreation, mining, logging, or ranching, and which shows no evidence of being closed to vehicular traffic by such means as berms, ripping, scarification, reseeding, fencing, gates, barricades, or posted closures.

N.M. Admin. Code § 19.2.19.7

19.2.19.7 NMAC - Rp, 19.2.19.7 NMAC, 12/13/13