N.M. Code R. § 18.20.5.6 – Objective

A. The main purpose of a highway system is to provide a safe and efficient means of movement for people and goods. In order to provide for such safe and efficient operation, it is necessary that certain regulations be established to control the use of the highway right-of-way consistent with the needs and rights of both the traveling public and property owners adjacent to the highway right-of-way.
B. The highway right-of-way is to be preserved for highway purposes except that certain temporary or permanent occupancies. Use of highway right-of-way for non-highway purposes may be permitted on the basis that such use and occupancy is in the public interest and does not result in impairment of the highway or operational interference with the health, safety and public welfare of road users. All other occupancies and uses of state highways for non-highway purposes are prohibited.
C. The Department recognizes that any rule which is adopted may create some unforeseen burdens, hardships or problems and for that reason reserves the right to vary the provisions of the following rule, in harmony, however, with the general purposes and intent of the rule where, in the exercise of sound and reasonable judgment, literal application of such rule would defeat the objectives hereinafter set forth.
[12/31/98; Recompiled 11/16/01]