N.M. Code R. § 18.20.5.10 – Vending

A. No vending from or on highway right-of-way shall be permitted.
B. There shall be no vending-type business so close to the highway right-of-way that automobiles or persons would be serviced while on the highway right-of-way.
C. Concession booths or roadside stands, whether or not in operation, shall not be permitted to remain on highway right-of-way. These structures shall be treated as encroachments, hazardous obstructions or non-hazardous obstructions, as the circumstances warrant.
D. Excepted from these prohibitions are any vending-type businesses established with prior Department approval on highway right-of-way by an federal, state or public agency, organization or entity for the purpose of providing a service to the public.
E. A representative of the Department shall advise the owner, operator or other person in charge of the vending operation that the vending is not permitted in the highway right-of-way and must cease immediately. If the vending does not cease immediately, the Department representative may file a complaint of criminal trespass (NMSA 1978, Section 30-14-1) with the law enforcement authority having jurisdiction.
F. If the vending consists of the advertisement for sale of a motor vehicle, a representative of the Department will contact the nearest law enforcement officer and request enforcement of (NMSA 1978 as amended) Sections 66-3-126 and 66-3-127 as provided therein.
[12/31/98; Recompiled 11/16/01]