Permitting Process

A. Purpose: This section describes the application procedures for submitting an access permit request to the department, and the administrative procedures used by the department to approve or deny access 18.31.6 NMAC 8 permit requests on state highways. B. Types of access: Following is a list of the types of access that may occur along the state highway system. Refer to Section 14 of the state access management manual for a description of each access type. (1) Existing lawful access, modification or transfer. (2) New private access (individual use). (3) New subdivision access. (4) New public access. (5) New commercial access. (6) Temporary construction access. (7) Temporary access. (8) Emergency access. (9) Field access. (10) Access breaks in established access control lines. (11) Illegal access. C. Access permit applications: Applications for access permits shall be made by the property owner; the property owner's authorized representative; or, the local governmental agency requesting access from a state highway. Applications are required for all new access types, for modification or transfer of existing lawful access permits, and for upgrading an existing illegal access to a lawful access. (1) Changes in property use: Where additional traffic is projected due to expansion or redevelopment of a property, the property owner shall contact the department to determine if a new permit application and modifications to existing access points will be required. If the department determines that the increased traffic generated by the property does not require modifications to the existing permitted access, according to the procedures of 18.31.6.16 NMAC, a new permit application will not be required. Failure to contact the department to determine the need for access modifications or to apply for such modifications prior to initiation of property improvements, land use changes or traffic flow alterations actions, may result in notification to the property owner of intent to revoke or modify the existing permit and closure of the access to the property. (Also refer to Subsection O of 18.31.6.14 NMAC). (2) Permit application form: All applications shall be made on the approved department permit application form, "application for permit to construct an access or median opening on public right-of-way." (3) Department district offices: Persons wishing to submit an access permit application form should contact the appropriate department district office to obtain application forms. District offices are located in Deming, Roswell, Albuquerque, Las Vegas, Santa Fe, and Milan. The application form can also be found in the appendix of the state access management manual, and on the departments external web site, dot.state.nm.us/content/dam/nmdot/Infrastructure/Access_management_Manual.pdf. D. Application submittal requirements: (1) Completed access permit forms shall be submitted to the appropriate district office with proof of ownership of the property to which access is requested. A plan or sketch of the property shall be attached to the permit application showing the length of the property frontage, the distance from the edge of the traveled roadway to the property line, edge clearances, corner clearances, the distance from the referenced mile marker to the centerline of the proposed driveway(s), and the location of any access drives along the state highway across from the proposed site. A traffic engineering evaluation shall be conducted for all access permit requests according to the requirements of 18.31.6.15 NMAC and 18.31.6.16 NMAC, with an exception. The traffic engineering evaluation may be waived for individual use access requests (see Subsection E, Paragraph 1 of 18.31.6.14 NMAC). In such cases, the department may conduct the evaluation required to determine if an individual use access will be permitted or denied. A construction traffic control plan shall also be submitted with the application for review and approval by the district traffic engineer. The department may require additional information relative to the evaluation of a permit application as further described in Section 14 of the state access management manual. (2) A permit application may be deemed incomplete by the department when necessary and relevant information is missing, or when there is no written evidence of the ownership of the property surface rights provided in the application. If the application is deemed incomplete, the department shall notify the applicant within 15 working days of receipt of the application and shall indicate the reason or reasons for refusal. The department review period begins with the acceptance of an application. E. Access permit requests from private entities: (1) Individual use: Requests for a new private access shall be made on the department access permit application. Application requirements for individual use permits shall include a platted survey of the property, proof of ownership of the property, and details regarding the location of the proposed access and the 18.31.6 NMAC 9 proposed development. A traffic engineering evaluation typically shall not be required. The department may conduct the evaluation required to determine if an individual use access will be permitted or denied. (2) Subdivisions and commercial developments: Requests for new subdivision access, new commercial access or for modification to an existing lawful access for other than individual use shall be made on the access permit application. The applicant shall be required to satisfy all pertinent requirements of 18.31.6 NMAC. F. Access permit requests from governmental entities: (1) Local governments: Requests by local governmental agencies for new access or for the reconstruction of existing access to the state highway shall be administered by the department. The local governmental agency shall be considered the applicant. The department shall work with local governmental agencies realizing that the access will serve multiple property owners. Access to subdivisions and other developments shall not be considered public access until the access is constructed and accepted as a local public roadway. (a) Local governmental agencies shall provide notice of all developments that will directly or indirectly impact the state highway, and shall request department participation in the administration of an access permit if it is determined by the department that an access facility will directly or indirectly impact the operation and function of a state highway. The local governmental agencies may also require sub-dividers to provide additional notice of all proposed developments that will directly or indirectly impact the state highway. (b) Where a private development accessing the roadway of an appropriate local authority necessitates access improvements where the local roadway connects to a state highway, the permittee shall be the local jurisdiction. (c) Local governmental agencies may be required to submit a traffic engineering evaluation with a permit application. The traffic engineering evaluation requirement shall be determined according to the procedures described in 18.31.6.15 NMAC and 18.31.6.16 NMAC. Local governmental agencies may require developers to assist in preparing and providing this information for submission to the state. (2) Federal government: Requests for access from a state highway by the general services administration (GSA), United States postal service (USPS), department of defense (DOD), department of energy (DOE), or other divisions of the federal government shall be administered by the department in cooperation with the pertinent division of the federal government. The access location, spacing and design standards described in 18.31.6.18 NMAC and Section 18 of the state access management manual should be followed for such requests. (3) Sovereign Nations: Access requests on state highway segments that traverse sovereign nation lands shall be administered by the department in cooperation with the pertinent sovereign nation. The access location, spacing and design standards described in 18.31.6.18 NMAC and Section 18 of the state access management manual should be followed for such requests. G. Administrative review process: (1) An administrative review period begins with the acceptance of a permit application by the appropriate district engineer or the district engineer's designee. (2) Upon acceptance of the application permit and supplemental information, the department shall use 18.31.6 NMAC, the state access management manual and any other applicable state statutes for evaluating and acting on the application. Access requests that break existing access control lines or that are requested on a controlled-access facility shall be acted on by the access control review committee according to the procedures in