New Mexico Register / Volume XXXV,
Issue 14 / July 30, 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 rule, 19.5.1 General Provisions, and amend
rules 18.17.2 Boating Operation and Safety, 19.5.2 Park Visitor Provisions, and
19.5.6 Park Fees.
Purpose of
Amendment:
EMNRD
proposes the amendments to include a definition of resident; include a
definition of human-powered watercraft; include a definition of paddle craft; change
fees for boat registration; include human-powered watercraft in vessels that
require wearing of U.S. coast guard approved wearable personal flotation
devices; include human-powered watercraft in vessels
that are not required to have a bailing bucket, bilge pump or any length of
stout rope; clarify visitors shall pay required day-use fees upon entering
the park; clarify check out times for campsites; include Cerrillos Hills state
park as a park that does not allow camping; amend stay limits in parks based on
time of year; clarify ADA sites; change the amount of time a trailer, boat or
vessel not attached to a vehicle may be left in parking areas or turnouts; 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 where permitted by the
superintendent; remove the allowance for off-highway motor vehicles to be used
within parks for ice fishing; remove gender specific language; change
references to tape record to audio record; remove exception to fees for persons
who are entering Conchas Lake state park to access the concessionaire; amend language
regarding fee waivers or reductions for primary or secondary school groups or
college or university groups to include other organized youth groups; exempt
New Mexico residents from purchasing day use permits from October 1 through
April 30 annually; clarify that visitors shall purchase camping permits to camp
in a park; add an annual camping permit for New Mexico resident active-duty
military or honorably discharged veterans; amend the expiration dates for
annual passes to make them valid from January 1 through December 31 of each
year and to allow for permits for the next calendar year to be sold beginning
July 1 of each year; amend requirements for replacement annual camping permits
to require proof of purchase; amend language for foster family free access to
parks to match language in house bill 35 from the 2023 legislative session; amend
park fees to include both resident and non-resident fees for day use, camping,
and annual permits; change park fees for day use, camping, utilities, annual
permits, and special use permits; add a short term concession permit; add a
parking fee for Rio Grande Nature Center state park; change entrance fees at
Living Desert Zoo and Gardens state park and Smokey Bear historical park; add a
RV dump station fee for non-campers; eliminate wildlife blind fees; implement a
regular review of fees based off the Chained Consumer Price Index for Urban
Consumers; remove outdated wording; correct grammar and clarify wording; and correct
spelling.
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 amend
18.17.2 NMAC, primarily adding the human-powered watercraft and paddle craft
definition to Section 7, amend registration fees for vessels in Section 8, require
users of human-powered watercraft to wear personal flotation devices, and
include human-powered watercraft in vessels that are not required to have a
bailing bucket, bilge pump or any length of stout rope in Section 9.
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, 14, 16, 21, 25, 27, 32 -35, 38, 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 beginning at 10:00
a.m. on October 22, 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 on October 22, 2024, or may submit written comments by 5 p.m. on October 22, 2024, 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.
The hearing will
be available to be viewed online. Viewing information and a meeting link can be
found on the EMNRD, State Parks Division’s website at www.emnrd.nm.gov/spd/public-meetings/.
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.