N.M. Admin. Code § 19.8.8.814

Current through Register Vol. 36, No. 1, January 14, 2025

Section 19.8.8.814 - PRIME FARMLAND INVESTIGATION

A. The applicant shall conduct a pre-application investigation of the proposed permit area to determine whether lands within the area may be prime farmland. The director in consultation with U.S. natural resources conservation service shall determine the nature and extent of the required reconnaissance investigation.

B. Land shall not be considered prime farmland where the applicant can demonstrate one of the following:

(1) the land has not been historically used as cropland;

(2) the slope of the land is 10 percent or greater;

(3) the land is not irrigated or naturally subirrigated, has no developed water supply that is dependable or of adequate quality, and the average annual precipitation is 14 inches or less;

(4) other factors exist, such as a very rocky surface, or the land is frequently flooded during the growing season, more often than once in 2 years, and the flooding has reduced crop yields; or

(5) on the basis of a soil survey of lands within the permit area, there are no soil map units that have been designated prime farmland by the U.S. natural resources conservation service.

C. If the investigation establishes that the lands are not prime farmlands, the applicant shall submit with the permit application a request for a negative determination which shows that the land for which the negative determination is sought meets one of the criteria of Subsection B of 19.8.8.814 NMAC.

D. If the investigation indicates that lands within the proposed permit area may be prime farmlands, the applicant shall contact the U.S. natural resources conservation service to determine if a soil survey exists for those lands and whether the applicable soil map units have been designated as prime farmlands. If no soil survey has been made for the lands within the proposed permit area, the applicant shall cause such a survey to be made.

(1) When a soil survey of lands within the proposed permit area contains soil map units which have been designated as prime farmlands, the applicant shall submit an application, in accordance with 19.8.10.1004 NMAC for such designated land.

(2) When a soil survey for lands within the proposed permit area contains soil map units which have not been designated as prime farmland after review by the U.S. natural resources conservation service; the applicant shall submit a request for negative determination for non-designated land with the permit application establishing compliance with Subsection B of 19.8.8.814 NMAC.

N.M. Admin. Code § 19.8.8.814

11-29-97; 19.8.8.814 NMAC - Rn, 19 NMAC 8.2.8.814, 9-29-2000; A, 12-31-2007