N.M. Code R. § 18.21.4.12 – Furnish, Erection, Maintenance and Removal

A. The applicant shall furnish, erect, maintain and remove TOD signs at locations specified by the Department. All of the above responsibilities shall be done in accordance with the New Mexico Highway and Transportation Department Standard Specifications for Highway and Bridge Construction. Upon approval of the application, the Department will notify the applicant for coordination of the installation.
B. All TOD signs shall be manufactured and installed by a contractor approved by the Department.
C. The applicant shall assume any liabilities that may arise from the TODS installation.
D. The applicant shall remove or appropriately cover a TOD sign of a seasonal business when the business is closed during the off-season period.
E. TOD signs shall be removed if the business no longer qualifies for TODS.
F. All required trailblazing signs shall be installed prior to the installation of either intersection or advance TOD signs.
G. The Department shall determine when a TOD sign is no longer serviceable and needs to be replaced. Replacement TOD signs may be subject to fees - see FEE Section of these regulations. Payment of all fees assessed shall be remitted in full within thirty (30) days from the date of notification.
H. The applicant may request additional services in connection with the modification of TOD signs. This requested service is subject to fees and pre-payment of the fee shall be mandatory - see FEE Section of these regulations.
I. The Department will provide normal maintenance of/to TOD signs:
(1) If a TOD sign is modified or replaced at the request of the business, the business shall be required to pay for modifications and/or replacement. Department approval shall be required prior to any modifications.
(2) The Department shall not be responsible for damages to TOD signs caused by acts of vandalism or natural causes requiring repair or replacement of business signs. Applicants in such event shall pay incurred fees for services and cost of TOD sign replacement.
[12/31/98; 18.21.4.12 NMAC – Rn, 18 NMAC 21.4.12, Recompiled 11/16/01]