1. A. Purpose: The access control review procedures define the process that the department shall follow when considering requests for permanent breaks in existing access control lines, and for establishing or modifying access control limits on new or existing state, federal and interstate highways. Decisions regarding access control matters on state highways shall be addressed by the access control review committee of the department. Review and approval of an access break in established access control lines shall be required by the access control review committee. Refer to the state access management manual for further clarification of the access control review procedures.

2. B. Access control review committee:

   1. (1) Purpose: The purpose of access control review committee is to review all access control requests by department staff members who have the expertise to identify issues that need to be resolved before access control limits are established or modified, or access breaks are recommended for approval.
   2. (2) Authority: The access control review committee has authority to deny requested access control breaks for existing access control facilities. Access control breaks denied by the committee may be appealed to the secretary of the New Mexico department of transportation or his/her designee.
   3. (3) Quorum definition: It shall be required that a simple majority of voting members of the committee, or their alternates, be in attendance for a quorum.

3. C. Operating procedures:

   1. (1) The two basic functions of the access control review committee are:

      1. (a) To make recommendations to the secretary, or his/her designee, on requests for establishing access control on new or existing state, federal and interstate highways; and,
      2. (b) To make recommendations to the secretary, or his/her designee, regarding requests for permanent breaks in existing access control lines on state, federal and interstate highways.
   2. (2) The committee shall have the authority to deny access control breaks. A denial by the committee may be appealed to the secretary, or his/her designee. Any access control breaks permitted shall, as a minimum, be in conformance with criteria contained in the most current edition of this rule, the interstate access control policy (CP 65), and any other applicable statutes, policies or procedures.

4. D. New or modified access control limits on state, federal or interstate highways: Operating procedures of the access control review committee for requests to establish access control on new highways or existing non-access controlled highways and procedures for modifying access control limits which shall include but not limited to shifting, extending or reducing on access-controlled highways shall be as follows. Refer to the state access management manual for further clarification.

   1. (1) A request for the establishment or modification of access control shall be received by the chairperson of the access control review committee from a department project development engineer or from other government agencies. It shall be the responsibility of the requestor, whether representing the department or other government agency, to provide a complete information/request package showing: Location, identified by stationing, distances and proposed right-of-way map; specific purpose, defined in a feasibility study or corridor study; and, source of funding, for all costs including engineering.
   2. (2) The chairperson shall request the right of way bureau chief to review the right-of-way map(s) and request lands engineering to prepare a draft administrative determination prior to review and consideration by the committee. The draft administrative determination should be reviewed by the project development engineer, or requestor, and the traffic technical support engineer prior to review and consideration by the committee.
   3. (3) The access control review committee shall either recommend approval of the draft administrative determination as presented or recommend approval based upon committee discussions and recommended modifications. The access control review committee may also recommend deferral of action on an administrative determination to a later meeting if additional information is required by the committee for evaluation. If the access control review committee votes to recommend disapproval of a draft administrative determination, they shall provide specific reasons to the requestor for their recommendation.
   4. (4) After the administrative determination has been recommended for approval by the committee, it shall be sent to the secretary or his/her designee, for review and approval or disapproval. The request shall be sent to FHWA for approval if on a federal or interstate highway.
   5. (5) If the request is disapproved by the secretary or FHWA, it shall be sent back to the chairperson of the committee to inform the requestor of the disapproval.
   6. (6) Once all approvals are obtained, the chairperson shall send all documents to the office of record, which is the right of way bureau chief's office. The right of way bureau chief, or his/her designee, shall send a copy of the approved resolution to the owners of record of all affected properties.
5. E. Requests for interstate access control breaks: Requests for interstate access control breaks, which are requests for direct access to the interstate or requests that will have a major impact on the operation or function of the existing interchange, ramps, existing crossroad, etc., shall be handled as specified by applicable state and federal law, rules, regulations and procedures.

6. F. Requests for access control breaks: Operating procedures of the access control review committee for requests for permanent access control breaks within the limits of existing access control rights-of-way on all federal or state highways (other than interstate) shall be as follows.

   1. (1) A request for an access control break shall be received by the chairperson of the access control review committee from a department district office, a project development engineer, an access control study team, another governmental agency or from an individual from the public or a private firm. For requests that create major impacts (i.e. requires a new interchange or major modifications), it shall be the responsibility of the requestor to provide a complete feasibility study similar to that required for interstate access. For requests that may create intermediate impacts (i.e. require traffic signals, require intermediate geometric improvements, etc.), the requestor shall furnish a traffic engineering evaluation or other reports to determine if the requested access is feasible. For access requests that appear to be minor, the request shall be submitted to the access control review committee for processing.
   2. (2) Once all pertinent information is received, the request shall be placed on the agenda for the next Access control review committee meeting. The access control review committee shall consider all pertinent data available concerning the request for a break in the existing access control line.
   3. (3) The Access control review committee shall recommend approval of the access control break as presented; or, recommend approval based upon committee discussions and recommended modifications; or, recommend deferral if additional information is required; or deny the request. The committee may request that a specific report or feasibility study be conducted if after reviewing the request the committee considers it to have major or intermediate impacts. If the access control review committee votes to deny an access control break, specific reasons for the denial shall be provided and a copy shall be sent to the secretary or his/her designee. A denial by the committee may be appealed to the secretary, or his/her designee.
   4. (4) After the access control break (administrative determination) has been recommended for approval by the committee, it shall be sent to the secretary or his/her designee, for review and approval or disapproval. The request shall be sent to FHWA for approval if on a federal or interstate highway.
   5. (5) Once all approvals are obtained, the chairperson shall send all documents to the office of record, which is the right of way bureau chief's office. The right of way bureau chief shall request the appropriate appraisal difference be paid back to the department.
   6. (6) Once all approvals have been obtained and the appraisal difference has been paid back to the department, the access-controlled right-of-way becomes non-access controlled right-of-way and the right of way bureau chief, or his/her designee, informs the requestor and the respective district that the requests for access may proceed contingent on all department requirements being met. The respective district shall be responsible for making sure all construction is completed in accordance with the department's regulations and any requirements that were made by the department regarding the approval of the access control break.
7. G. Temporary construction access breaks: Any requests for temporary construction access breaks for department construction projects should be incorporated in roadway plans during their development. These requests should follow the format described in the access permit form C-196.
8. H. Temporary access breaks: Any request for a temporary access break, which is not related to a construction project, shall be submitted to the access control review committee for their review and approval. The temporary access break does not require an administrative determination or approval of the secretary, but shall have FHWA approval if for a federal or interstate highway. If the committee denies a temporary access break, it can be appealed to the secretary, or his/her designee. If an appeal is approved by the secretary, or his/her designee, the request must be forwarded to FHWA for their review and approval if for a federal or interstate highway.

9. I. Access control recommendations by other government agencies:

   1. (1) All access control recommendations by other government agencies for federal or state highways shall be submitted to the departments access control review committee in compliance with 18.31.6.19 NMAC.

   2. (2) Any and all access control actions/recommendations (made by other governmental agencies) on federal or state highways which have not been approved according to the access control review procedures shall not be effective until acted on as set forth herein.

      HISTORY OF 18.31.6 NMAC:

      Pre-NMAC History:

      Material in the part was derived from that previously filed with the State Records and Archives under:

      SHTD Rule No. 89-1(L), Regulations for Driveways and Median Openings on Non-Access Controlled Highways, 6/9/1989.

      History of Repealed Material:

      18 NMAC 31.6, Requirements for Driveways and Median Openings on Non-Access Controlled Highways, 12/14/1998.

      18.31.6 NMAC, State Highway Access Management Requirements, filed 10/1/2001 - Repealed effective 6/27/2017.

      Other History:

      Effective 10/15/2001, 18.31.6 NMAC, State Highway Access Management Requirements, replaced 18 NMAC 31.6, Requirements for Driveways and Median Openings on Non-Access Controlled Highways.

      18.31.6 NMAC, State Highway Access Management Requirements (filed 10/1/2001) was replaced by 18.31.6 NMAC, State Highway Access Management Requirements, effective 6/27/2017.

[18.31.6.19 NMAC - Rp, 18.31.6.19 NMAC, 6/27/2017]