N.M. Stat. § 17-6-3
Restrictions on motor vehicle use; recommendations; rules
and regulations.
A. When the commission determines that the operation of vehicles within a certain
area is or may be damaging to wildlife reproduction, wildlife management or the wildlife
habitat of the area, the department, with the concurrence of the private land owner or
the land management agency involved, after proper notice, shall hold public meetings in
the area affected, on the necessity and desirability of closing such lands to the
operation of any vehicles for a stated definite period. Upon finding, after public
meetings, that the use of vehicles on such lands is or may be damaging to wildlife
reproduction or habitat and that it is necessary and desirable to close such lands to
vehicles in order to avoid such damage, the commission shall make and publish an
order closing such lands to vehicle operation except on established roads that are
marked by appropriate signs.
B. The commission may also recommend to the appropriate land management
agency or the legislature that particular areas of land be set aside or made available for
recreational vehicles.
C. The commission may also enter into agreements with or recommend to public
land management agencies that certain areas be closed to camping during particular
open hunting seasons or that camping be permitted only in designated areas during
such open hunting seasons.
D. The commission may enter into agreements with private land owners and land
management agencies controlling areas that the commission has made
recommendations on pursuant to Subsection B of this section. Any such agreement
shall stipulate the restrictions, prohibitions and permitted uses of vehicles in such area
and the duties of the commission and such private land owner or land management
agency relating to the enforcement of the terms of such agreement. Agreements with
private land owners may also include provisions for sharing costs of performing any of
the functions as set forth in Section 17-6-7 NMSA 1978.
E. The commission shall adopt and file, in accordance with the State Rules Act
[Chapter 14, Article 4 NMSA 1978], rules and regulations necessary to carry out the
provisions of the Habitat Protection Act, including regulations setting out procedures for
hearings and notice.