1. A. Permit required. No outdoor advertising device or face allowed under Subsections A, D, E, F and G of 18.21.5.8 NMAC may be erected or maintained unless the owner of the outdoor advertising device or face first obtains a permit for the device or face from the department. Exceptions to this requirement are:

   (1) signs on a piece of property giving notice that said specific land or improvements alone are offered for sale; generalized real estate signs are not excepted; and

   (2) on-premise signs that are in compliance with 18.21.5.12 NMAC.

2. B. Change in size, location or materials. Any change, reconfiguration, conversion to CEVMS, addition of lighting, or change in location or upgrade in size or materials of the outdoor advertising device shall require a new application. The outdoor advertising device shall match the permit description.
3. C. New highway construction. A permit will not be issued for a sign to be located along a new interstate system, NHS or primary system, until the system is accepted by the department and is open to traffic in accordance with federal and state law.
4. D. Application form. To obtain a permit for an outdoor advertising device a person shall first file an application with the department. A person may obtain an application by contacting the department at 505-827-5460 or accessing the department’s website at www.dot.state.nm.us.

5. E. Contents of application and fee. An application for an outdoor advertising device permit shall contain:

   (1) the applicant’s name, mailing address, telephone number, fax number and e-mail address;

   (2) a description and location of the outdoor advertising device;

   (3) documentation that the applicant has the legal right to possess and occupy the site upon which the outdoor advertising device will be located or currently resides; and

   (4) a non-refundable application fee of seven hundred fifty dollars ($750) for changeable electronic variable message signs, or four hundred dollars ($400) for all other outdoor advertising devices, except that directional sign applications need not be accompanied by a fee.

6. F. Completeness. When the department receives an application for an outdoor advertising device permit, the department shall check the application for completeness.

   (1) If the application is not complete, the department shall contact the applicant for additional information. The applicant shall then have thirty (30) days from the date of contact to complete the application. If the applicant fails to complete the application within the thirty (30) days, the application shall be deemed denied.

   (2) If the application is complete, the department shall review the application.

[18.21.5.22 NMAC - Rp, 18 NMAC 21.5.22, 23 & 29, 02/14/14]