N.M. Code R. § 19.2.8.19 – Conversion

A. Land held under an agricultural lease may be reclassified from grazing land to cultivated land or from cultivated land to grazing land and the lease amended to permit such use after conversion upon application to the commissioner and receipt of the commissioner's written consent to convert the use of the land.
B. Applications to convert shall be made under oath on forms prescribed by the commissioner and accompanied by:
1. (1) the conversion application filing fee as set forth in the schedule of fees; and
2. (2) a reclamation plan to be implemented in the event the commissioner determines the conversion has been unsuccessful and the converted land should revert to its prior use.
C. The commissioner's approval of the application to convert and the issuance of an amended lease may be conditioned upon the lessee's obtaining sufficient surety for the benefit of the state of New Mexico to guarantee the land's restoration in the event of lease default, cancellation, relinquishment or termination for any reason, or the reversion of the land to its prior use.
D. Upon conversion, the lessee shall pay to the commissioner an amount equal to the difference between the grazing land rental and the cultivated land rental as determined by the commissioner for the period between the date of conversion and the first following rental payment due date.
E. In the event converted land reverts to its prior use, the lessee, at the lessee’s own expense, shall restore the land to a stabilized condition through reclamation and revegetation implemented pursuant to the reclamation plan submitted with the application to convert. No reduction in rentals due to the reversion shall be effective until such plan has been implemented to the commissioner's satisfaction.
[3/11/1981, 4/28/1982, 1/20/1984, 9/30/1985, 12/1/1992, 6/29/1996; 19.2.8.19 NMAC - Rn, 19 NMAC 3 SLO 8.19, 9/30/2002; A, 6/30/2016; A, 6/11/2019]