N.M. Code R. § 20.11.20.19
Current through Register Vol. 35, No. 12, June 25, 2024
Section 20.11.20.19 - PUBLIC AND PRIVATE UNPAVED ROADWAYS, SHORT-CUTS AND UNPAVED PARKING AREASA. No unpaved roadway greater than one-quarter mile in length and no unpaved parking areas may be constructed or allowed to be constructed or reconstructed on any publicly-owned land or privately-owned real property, unless the owner has applied for and received a permit pursuant to 20.11.20.13 NMAC or 20.11.20.14 NMAC. Owners in possession of a valid fugitive dust control permit that wish to construct additional unpaved roadways shall apply for an amendment to their permit which shall include payment of any fees required by 20.11.2 NMAC. In addition, no unpaved short-cut of any length on private or public property may be constructed or be allowed to remain usable when it is evident the short cut is being used by motor vehicle drivers to save time by avoiding use of a dedicated and authorized roadway. A variance from Subsection A of 20.11.20.19 NMAC may be granted by the board in a manner consistent with the variance procedures provided in 20.11.7 NMAC.B. Owners or operators shall use reasonably available control measures on all unpaved roadways and unpaved parking areas and shall comply with the general provisions established in 20.11.20.12 NMAC.C. Public unpaved roadway; complaints. If the department receives a fugitive dust complaint regarding an unpaved public roadway, the department will forward the complaint by hand delivery, inter-office mail delivery or certified mail, return receipt requested, to the governmental agency responsible for maintenance of the roadway. Within 45 calendar days from the date the complaint was received by the responsible agency, the responsible agency shall make a reasonable effort to address the complaint, and the governmental agency shall provide the department with a written report of the actions taken to resolve the complaint. Failure of the responsible agency to submit a timely report shall be a violation of 20.11.20 NMAC.N.M. Code R. § 20.11.20.19
20.11.20.19 NMAC - Rp, 20.11.20.19 NMAC, 3/17/08