New Mexico Register / Volume XXXV,
Issue 4 / February 27, 2024
NOTICE
OF PROPOSED RULEMAKING
The State of New Mexico,
Energy, Minerals and Natural Resources Department (EMNRD), State Parks Division
(Division) hereby gives notice of the following proposed rulemaking. EMNRD
proposes to repeal and replace rules, 18.17.2 Boating Operation and Safety, and
19.5.1 General Provisions, and amend rules 19.5.2 Park Visitor Provisions, and
19.5.6 Park Fees.
Purpose of
Amendment:
EMNRD
proposes the amendments to include a definition of paddlecraft; change the
registration fees for vessels; include a definition of resident; remove the day
use fee requirement for New Mexico residents; require non-resident visitors to
pay a day use fee; require payment of entrance fees for all visitors at Living
Desert Zoo and Gardens state park and Smokey Bear historical park; require
payment of parking fees for all visitors at Rio Grande Nature Center state
park; and provide verification requirements for residency; correct grammar and
spelling; clarify check out times for campsites; include Cerrillos Hills state
park as a park that does not allow camping; remove annual day use and annual
camping permits; clarify official use of off-highway motor vehicles and golf
cars in state parks by the Division and other government agencies; allow for
the use of off-highway motor vehicles by concessionaires in certain areas were
permitted by the superintendent, remove the allowance for off-highway motor
vehicles to be used within parks for ice fishing; remove the exception to fees
for persons who are entering Conchas Lake state park to access the
concessionaire; clarify that visitors shall purchase camping permits to camp in
a park; remove disabled veterans annual day-use passes; amend language for
foster family free access to parks to match language in house bill 35 from the
2023 legislative session; change fees for day use and camping permits, add a
fee for paddlecraft launching, add a parking fee to
the Rio Grande Nature Center state park, change entrance fees at Living Desert
Zoo and Gardens state park and Smokey Bear historical park, change utility
fees, add a RV dump station use fee, remove annual passes, remove outdated
wording, increase special use permit fees, add a short term concession permit,
eliminate wildlife blind fees, and implement a regular review of fees based off
the Chained Consumer Price Index for Urban Consumers.
The full text of
the proposed rule amendments are available from Jared
Langenegger at 575-420-1733 or jaredr.langenegger@emnrd.nm.gov or can be viewed
on the EMNRD, State Parks Division’s website at
https://www.emnrd.nm.gov/spd/public-meetings/ or at the State Parks Division’s
office in Santa Fe.
EMNRD proposes to
repeal and replace 18.17.2 NMAC, primarily adding the paddlecraft definition to Section 7.
And amend
registration fees for vessels in Section 8.
EMNRD proposes to
repeal and replace 19.5.1 NMAC, primarily adding the definition of
resident in Section 7.
EMNRD proposes to
amend 19.5.2 NMAC, Sections 11, 12, 13, 16, 25, 27, 32 -39, and 42.
EMNRD proposes to
amend 19.5.6 NMAC, Sections 8 – 12, 14, 16, 18, and 19.
Legal Authority: EMNRD proposes
this rule amendment under the authority of Section 66-12-18 NMSA 1978 and
Section 16-2-7 NMSA 1978.
Public Hearing and
Comment.
EMNRD
will hold a public hearing on the proposed rule amendments at 6:00 p.m. on
Monday, April 1, 2024 at the Wendell Chino Building,
Pecos Hall, 1220 South Saint Francis Drive, Santa Fe, NM.
Those wishing to
comment on the proposed rule amendment may make oral comments or submit information
at the hearing or may submit written comments by March 29, 2024, by 9:00 a.m.
by mail or e-mail. Please mail written comments to Jared Langenegger, EMNRD,
State Parks Division, 1220 South Saint Francis Drive, Santa Fe, NM 87505 or
submit comments by e-mail to EMNRD-ParksComments@emnrd.nm.gov.
Technical
Information that served as a basis for the proposed rule amendments includes:
Copies of the
technical information can be obtained from Jared Langenegger at 575-420-1733 or
jaredr.langenegger@emnrd.nm.gov or can be viewed on the EMNRD, State Parks
Division’s website at https://www.emnrd.nm.gov/spd/public-meetings/.
NM State Parks
Fees Study
https://www.bls.gov/data/inflation_calculator.htm
NASPD AIX 2019-2020 Final Data Report
NASPD AIX 2020-2021 Final Data Report
If you are an
individual with a disability who needs a reader, amplifier, qualified
sign language interpreter, or any other form of auxiliary aid or service to
attend or participate in the hearing, please contact Jared Langenegger at
575-420-1733 or through the New Mexico Relay Network at 1-800-659-1779 two
weeks prior to the hearing. Public documents can be provided in various
accessible formats. Please contact Jared Langenegger at 575-420-1733, if a
summary or other type of accessible format is needed.