New Mexico Register / Volume XXXV,
Issue 23 / December 10, 2024
TITLE 19 NATURAL RESOURCES AND WILDLIFE
CHAPTER 5 STATE PARKS AND RECREATION
PART 1 GENERAL PROVISIONS
19.5.1.1 ISSUING AGENCY: Energy, Minerals and Natural Resources
Department, State Parks Division.
[19.5.1.1 NMAC - Rp,
19.5.1.1 NMAC, 01/01/2025]
19.5.1.2 SCOPE: 19.5.1 NMAC applies to persons using the New
Mexico state parks system.
[19.5.1.2 NMAC -
Rp, 19.5.1.2 NMAC, 01/01/2025]
19.5.1.3 STATUTORY AUTHORITY: 19.5.1 NMAC is authorized pursuant to
Subsection E of Section 9-1-5 NMSA 1978 and Section 16-2-2 et seq. NMSA 1978.
[19.5.1.3 NMAC - Rp, 19.5.1.3 NMAC, 01/01/2025]
19.5.1.4 DURATION: Permanent.
[19.5.1.4 NMAC –
Rp, 19.5.1.4 NMAC, 01/01/2025]
19.5.1.5 EFFECTIVE DATE: January 1, 2025, unless a later date is cited
at the end of a section.
[19.5.1.5 NMAC –
Rp, 19.5.1.5 NMAC, 01/01/2025]
19.5.1.6 OBJECTIVE: 19.5.1 NMAC’s objective is to identify
general provisions and definitions, which apply to parts in Title 19, Chapter
5.
[19.5.1.6 NMAC –
Rp, 19.5.1.6 NMAC, 01/01/2025]
19.5.1.7 DEFINITIONS:
A. “Authorized areas” means locations, places, sites,
regions, zones or spaces identified by the director or, for purposes of hunting
or fishing, the state game commission.
These areas may be defined with signs or other appropriate proclamation
or means. For purposes of bowfishing,
authorized areas include all parks where fishing is allowed.
B. “Boating and rafting excursions” means a guiding
service for boating or rafting trips offered to the general
public.
C. “Capital improvement” means a construction project
by a concessionaire to the concession premises that is not maintenance or
repair and that costs at least $1,000.
D. “Commercial activity” means for-profit sales or
services but does not include the operation of vending machines unless the
vending machine is operated as part of a larger concession operation.
E. “Commercial charter bus” means a bus transporting a
group of persons who pursuant to a common purpose, and under a single contract
at a fixed price, have acquired the exclusive use of a bus to travel together
under an itinerary.
F. “Commercial filming” means the use of motion
picture, videotaping, sound recording or other moving image or audio recording
equipment that involves the advertisement of an event, product or service; or
the creation of a product for sale including film, videotape, television
broadcast or documentary of participants in commercial sporting or recreation
events for the purpose of generating income.
G. “Commercial photography” means still images taken
with a camera that the photographer intends to sell.
H. “Concession” means commercial activity conducted
within a park the department has authorized in writing.
I. “Concessionaire” means the owner or operator of a
concession who operates pursuant to a department-issued concession contract.
J. “Concessions administrator” means a division
employee who maintains records and documentation concerning concession
contracts and concession permits.
K. “Concession contract” means an agreement between
the department and a person, or business entity, which allows the
concessionaire to provide services, merchandise, accommodations or facilities
within a park. The concessionaire may or
may not occupy a permanent structure or location within the park. The concession contract’s term shall not
exceed 30 years pursuant to Section 16-2-9 NMSA 1978.
L. “Concession permit” means a permit the department
issues to a person or business entity to provide commercial activities,
including services or goods in a park for a period of up to one year. The fee for a concession permit is established
in 19.5.6 NMAC. Services the division
may authorize under a concession permit include guiding and outfitting services
for fishing, boating and rafting excursions; educational and park resource
protection services; and other services or goods, including commercial services,
that enhance visitors’ experience and enjoyment, such as sales of firewood,
propane, ice, food or refreshments.
M. “Concession permittee” means the holder of a
department-issued concession permit.
N. “Cultural property” means a structure, place, site
or object having historic, archaeological, scientific, architectural or other
cultural significance.
O. “Department” means the energy, minerals and natural
resources department.
P. “Director” means the director of the energy,
minerals and natural resources department, state parks division.
Q. “Director designee” means persons the director
appoints including deputy directors, bureau chiefs, regional managers and park
superintendents.
R. “Division” means the energy, minerals and natural
resources department, state parks division.
S. “Flotation assist device” means a wet suit or
wearable flotation device in good condition capable of providing flotation to
the wearer on the water’s surface.
T. “Geocaching” means an outdoor treasure-hunting
activity in which the participants use a global positioning system receiver or
other navigational means to hide or find containers called
"geocaches" or "caches".
U. “Gross receipts from sales and services” means the
total amount of receipts from sales and services.
V. “Guide” means an individual or an employee of an
outfitter who is hired to escort or accompany clients in fishing, rafting or
boating.
W. “Letter boxing” means an outdoor hobby that combines
elements of orienteering, art and puzzle solving. Letter boxers hide small, weatherproof boxes
in publicly accessible places and distribute clues to finding
the boxes in printed catalogs, on websites or by word of mouth. The activity is characterized by the boxes containing a logbook and a rubber stamp. Letter boxers stamp the box’s logbook with
personal rubber stamps and use the box’s stamp to imprint their personal
logbooks as proof they found the box.
X. “Net receipts from sales and services” means the
total amount of receipts from sales and services, less the amount of gross
receipts taxes.
Y. “Off highway motor vehicle” means a motor vehicle
designed by the manufacturer for operation exclusively off the highway or road
and includes:
(1) “all-terrain vehicle”, which
means a motor vehicle 50 inches or less in width, having an unladen dry weight
of 1,000 pounds or less, traveling on three or more low-pressure tires and
having a seat designed to be straddled by the operator and handlebar-type
steering control;
(2) “off-highway motorcycle”, which
means a motor vehicle traveling on not more than two tires and having a seat
designed to be straddled by the operator and has handlebar-type steering
control;
(3) “snowmobile”, which means a
motor vehicle designed for travel on snow or ice and steered and supported in
whole or part by skis, belts, cleats, runners or low-pressure tires;
(4) “recreational off-highway vehicle”,
which means a motor vehicle designed for travel on four or more non-highway
tires, for recreational use by one or more persons, and having:
(a) a steering wheel for steering control;
(b) non-straddle seating;
(c) maximum speed capability greater than
35 miles per hour;
(d) gross vehicle weight
rating no greater than 1,750 pounds;
(e) less than 80 inches in overall width,
exclusive of accessories;
(f) engine displacement of less than
1,000 cubic centimeters; and
(g) identification by means of a
17-character vehicle identification number; or
(5) by rule of the department of game and
fish, any other vehicles that may enter the market that fit the general profile
of vehicles operated off the highway for recreational purposes.
Z. “Other power-driven mobility device” means any
mobility device powered by batteries, fuel or other engines – whether or not
designed primarily for use by individuals with mobility disabilities – that is
used by individuals with mobility disabilities for the purpose of locomotion
including golf cars, electronic personal assistance mobility devices, such as
the Segway® PT, or any mobility device designed to operate in areas without
defined pedestrian routes, but that is not a wheelchair.
AA. “Outfitter” means a person or company who employs
guides.
BB. “Park” means an area designated as a state park
within the state parks system and that the division manages or owns.
CC. “Park” or “parking” means the leaving of a
vehicle, camping unit or trailer, whether occupied or not, in a location, other
than when engaged in loading or unloading.
DD. “Park management and development plan” means a plan
used as a guide for expansion, services, programs and development for the park.
EE. “Park support group” means an organization as defined
in Section 6-5A-1 NMSA 1978, or an organized group of individuals that
volunteers time, services or funds to promote and support the division or an
individual park and whose principal purpose as authorized by the division is to
complement, contribute to and support, aid the function of or forward the
division’s or park’s purposes.
FF. “Person” means an individual, partnership, firm,
corporation, association, joint venture or other entity.
GG. “Personal flotation device” means a United States
coast guard approved life preserver, buoyant vest, hybrid device, ring buoy or
buoyant cushion.
HH. “Rally” means a parking area or facility designated
for group functions.
II. “Receipts” means consideration in money and in
trade received from sales and charges for services.
JJ. “Regional manager” means a division employee
responsible for several parks within a region.
KK. “Resident” means an individual with a valid New Mexico
state identification card or NM license plate on the vehicle.
LL. “Resource program” means a division employee or
employees responsible for the natural and cultural resource protection program.
MM. “Sales and services” means
transactions by a concessionaire, or a concessionaire’s agents or employees,
for which the concessionaire receives consideration in money or money's worth
in connection with the concession business operated pursuant to the concession
contract.
NN. “Secretary” means the secretary of the department.
OO. “Special event facility” means an entire building or
structure such as a visitor center, lodge, pavilion or group shelter, or an
area designated by the superintendent.
PP. “Special use permit” means a permit the division has
issued to a person for a non-commercial activity or event in a park.
QQ. “State parks system” means land and water in a park.
RR. “Superintendent” means a division employee who is in charge of a specific park; which includes a park
superintendent or park manager.
SS. “Vehicle” means an automobile, car, van,
sport-utility truck, pickup truck, motorcycle, wagon, buggy or similar device
that is used or may be used to transport persons or property on a highway,
except devices moved exclusively by human power.
TT. “Vending machine” means a coin-operated beverage,
snack or service machine subject to division approval.
UU. “Visitor” means a person who reserves park facilities
or enters a park. This definition does
not include department employees who are on duty, concessionaires or their
employees operating their concession or on duty employees of an entity that
owns the property where the park is located.
VV. “Wheelchair” means a manually operated or
power-driven device designed primarily for use by an individual with a mobility
disability for the main purpose of indoor or both indoor and outdoor
locomotion.
WW. “Working days” means Monday through Friday, excluding
state holidays.
[19.5.1.7 NMAC –
Rp, 19.5.1.7 NMAC, 01/01/2025]
History of 19.5.1 NMAC:
Pre NMAC History:
The material in this part was derived from that previously filed with
the commission of public records - state records center and archives.
SPRD 67-1, Rules
and Regulations, 07/17/1967;
SPRD 68-1, New
Mexico Pleasure Boating Requirements and State Park Regulations, 10/17/1968;
SPRD 69-1, New
Mexico Pleasure Boating Requirements and State Park Regulations, 09/11/1969;
SPRD 71-1, New
Mexico Pleasure Boating Requirements and State Park Regulations, 11/10/1971;
SPRD 72-1, New
Mexico Pleasure Boating Requirements and State Park Regulations, 06/05/1972;
SPRD 73-3, New
Mexico Pleasure Boating Requirements and State Park Regulations, 09/14/1973;
SPRD 74-1, New
Mexico Pleasure Boating Requirements and State Park Regulations, 02/19/1974;
SPRD 75-1, New
Mexico State Park and Recreation Commission Regulations, New Mexico Boating
Law, 1975 Edition, 02/24/1975;
SPRD 77-1, New
Mexico State Park and Recreation Commission Regulations, New Mexico Boating
Law, 1977 Edition, 04/15/1977;
SPRD 79-1, New
Mexico Park Regulations and Boating Laws, 07/31/1979;
SPRD 82-1, New
Mexico Park Regulations and Boating Laws Revised in 1981, 05/17/1982;
SPRD 87-1, New
Mexico State Park Regulations and Boating Laws, Revised in 1987, 05/06/1987;
EMNRD PRD 87-3,
Rules Governing Motorboat Registration and Numbering, Boat Titling and Excise
Tax Collections, Security Participation under The Boat Act, 08/06/1987;
EMNRD PRD 89-1,
Boat Act Regulations, 12/21/1989;
EMNRD PRD 89-2,
New Mexico State Park Regulations, 12/21/1989;
EMNRD PRD 92.1,
Boat Act Regulations, 05/20/1992.
History of Repealed Material: [RESERVED]
Other History:
Those portions of
EMNRD PRD 89-2, New Mexico State Park Regulations, filed 12/21/1989 and EMNRD
PRD 92.1, Boat Act Regulations, filed 05/20/1992 were renumbered, reformatted
and replaced by 19 NMAC 5.1, General Provisions, filed 12/17/1996.
19 NMAC 5.1,
General Provisions, filed 12/17/1996 renumbered, reformatted, amended and
replaced by 19.5.1 NMAC, General Provisions; effective 12/31/2002.
19.5.1 NMAC,
General Provisions; filed 12/31/2002, was repealed and replaced by 19.5.1 NMAC,
General Provisions; effective 01/01/2025.