New Mexico Outdoor Recreation Act

Section 16-2-32 Criminal Offenses

Each person who shall:

A) cut, break, injure, destroy, take or remove any tree, shrub, timber, plant or natural object in any state park or recreation area;

B) kill, cause to be killed or pursue with intent to kill any bird or animal in any state park or recreation area, except in areas designated by the secretary and except in conformity with the provisions of general law and the regulations of the state game commission;

C) take any fish from the waters of any state park or recreation areas, except in conformity with the provisions of general law and the regulations of the state game commission;

D) willfully mutilate, injure, deface or destroy any guidepost, notice, tablet, fence, enclosure or work which is for the protection or ornamentation of any state park or recreation area;

E) light any fire upon any state park or recreation area, except in such places as the secretary has authorized, or willfully or carelessly permit any fire which he has lighted or caused to be lighted or which is under his charge to spread or extend to or burn any of the shrubbery, trees, timber, ornaments or improvements upon any state park or recreation area or leave any campfire which he has lighted or which has been left in his charge unattended by a competent person without extinguishing the same;

F) place within any state park or recreation area or affix to any object therein contained, without written license from the secretary, any word, character or device designed to advertise any business, profession, article, thing, exhibitions, matter or event; or

G) violate any rule or regulation adopted, promulgated or issued by the secretary pursuant to the provisions of Chapter 16, Article 2 NMSA 1978, shall be guilty of a petty misdemeanor and upon conviction thereof before a court of competent jurisdiction shall be fined not less than five dollars ($5.00) nor more than one hundred dollars ($100) or punished by imprisonment in the county jail for any term not more than thirty days or both such fine and imprisonment in the discretion of the court.

New Mexico State Park General Provisions 19 NMAC 5.1

7 Definitions

7.1 “Boating and Rafting Excursions” means any guiding service for boating or rafting trips offered to the general public.

7.2 “Commercial Activity” means any for-profit sales or services but does not include the operation of vending machines unless the vending machine is operated as part of a larger concession operation.

7.3 “Concession” means any commercial activity conducted within a state park or recreation area and authorized in writing by the Department.

7.4 “Concessionaire” means the owner or operator of a concession who operates pursuant to a concession contract with the Department.

7.5 “Concessions Administrator” means an employee of the State Parks Division who maintains all records and documentation concerning concession contracts and concession permits.

7.6 “Concession Contract” means an agreement between the Department and a person or business entity or friends group which allows the concessionaire to provide services, merchandise, accommodations or facilities within a state park or recreation area. The concessionaire shall occupy a permanent structure or location within the state park or recreation area. The term of the concession contract shall not exceed thirty years pursuant to Section 16-2-9 NMSA 1978.

7.7 “Concession Permit” means a permit issued to a person, business entity or friends group by the Department to provide services in a state park or recreation area for a time period of one year or less. The fee for a concession permit shall be a fixed fee and shall not exceed $500. The Director may waive this fee for concession permits issued to friends groups. The concession permittee shall not maintain any fixed assets within the state park and recreation area. The concession permittees business address shall be outside of the state park or recreation area. Services authorized under a concession permit are limited to guiding and fishing services, boating and rafting excursions, educational services and park resource protection services (for example, firewood sales).

7.8 “Concession Permittee” means the holder of a concession permit issued by the Department.

7.9 “Cultural Property” means a structure, place, site or object having historic archaeological, scientific, architectural or other cultural significance.

7.10 “Department” means the Energy, Minerals and Natural Resources Department.

7.11 “Developed Site” means a park camping site with at least one shelter, table, grill or any combination of two or more such facilities at the site. Sites with recreational vehicle utility hookups shall be considered developed regardless of the presence of shelters, tables or grills.

7.12 “Director” means the Director of the State Parks Division of the Energy, Minerals and Natural Resources Department.

7.13 “Division” means the State Parks Division of the Energy, Minerals and Natural Resources Department.

7.14 “Flotation Assist Device” means a wet suit or wearable flotation device in good condition capable of providing flotation to the wearer on the surface of the water.

7.15 “Friends Group” means an organized group of individuals recognized by the Division which volunteers time, services or funds to promote and support the Division.

7.16 “Gross Receipts from Sales and Services” means the total amount of receipts from sales and services.

7.17 “Guide” means an individual or an employee of an outfitter who is hired to escort or accompany clients in fishing, rafting or boating.

7.18 “Lessor” means the State Parks Division.

7.19 “Leaseholder” means an individual who leases a portion of land or a mooring site from the State Parks Division.

7.20 “Net Receipts from Sales and Services” means the total amount of receipts from sales and services, less the amount of gross receipts taxes.

7.21 “Off Highway Motor Vehicle” means any motor vehicle operated or used exclusively off the highways of this state and that is not legally equipped for operation on the highway.

7.22 “Outfitter” means a person or company who employs guides.

7.23 “Park Management and Development Plan” means a plan used as a guide for all expansion, services, programs and development for the park.

7.24 “Person” means an individual, partnership, firm, corporation, association, joint venture or other entity.

7.25 “Personal Flotation Device” means a Coast Guard approved life preserver, buoyant vest, hybrid device, ring buoy or buoyant cushion.

7.26 “Primitive Site” means a camping site that offers no facilities except a cleared area for camping. Primitive sites may have trash receptacles, chemical toilets or parking.

7.27 “Property Marker” means a secured object (such as a flag or pole) that is used to mark lease lot boundaries.

7.28 “Receipts” means all consideration in money and in trade received from sales and charges for services.

7.29 “Regional Manager” means a State Parks Division employee responsible for several parks within a region.

7.30 “Resolution Committee” means a group of individuals that consists of one representative from the State Parks Division, one representative from the United States Bureau of Reclamation (when applicable) and leaseholders involved in survey dispute.

7.31 “Sales and Services” means all transactions by a concessionaire, agents or employees of a concessionaire for which the concessionaire receives consideration in money or money’s worth in connection with the concession business operated pursuant to the concession contract.

7.32 “Secretary” means the Secretary of the Energy, Minerals and Natural Resources Department.

7.33 “Special Use Permit” means a permit issued to a person, business entity, friends group or organized group by the Division to provide an event or activity within a state park and recreation area. Examples of special use events and activities include: regattas, boat races, parades, races, fishing tournaments, exhibitions, and educational activities. The term of a special use permit shall be for the duration of the approved event or activity but shall not be issued for a period of more than five consecutive days.

7.34 “State Park Official” means any employee of the State Parks Division.

7.35 “State Parks System” means all land and water in state park and recreation areas.

7.36 “Superintendent” means an employee of the State Parks Division who is in charge of a specific park(s).

7.37 “Vending Machine” means any coin-operated beverage, snack or service machine subject to approval by the Division.

7.38 “Veteran’s Permit” means one (1) Annual Day Use permit for entry into state parks, issued to a New Mexico resident veteran with a permanent one hundred percent (100%) service-connected disability. A Veteran’s Permit shall be for personal use only and is non-transferable.

New Mexico State Park Visitor Provisions 19 NMAC 5.2

8 DELEGATION

The secretary delegates concurrent authority to the Director as contained in Sections 16-2-32(B), (E) and (F) NMSA 1978.

9 RESTRICTED AREAS

9. A. Access to all state parks areas, both land and water, shall be open to the public, except that each Superintendent may close any areas or facility by posting or otherwise designating the areas as closed to entry. A Superintendent may close an area for no more than five days without approval from the Director. Areas designated for seasonal closure shall be posted indicating the closure period.

9. B. The Superintendent may set a visitor capacity limit for a park or areas within a park. Each park’s visitor capacity shall be enforced to protect park visitors and to prevent damage to the natural resources in each park or recreation area. Once capacity is reached, no additional visitors shall be admitted until some of the visitors already there have left.

9. C. The Superintendent may restrict or prohibit activities in certain areas of a park by posting or otherwise designating the prohibition or restriction.

10 HOURS

The opening and closing times for every area and facility of the State Parks System are established by the Director or director designee. Hours are posted at the established park entrances, offices or pay stations.

11 DAY USE

11.A. Day use of a park area is from 6:00 a.m. to 9:00 p.m.; different hours may be posted. Visitors shall pay day-use fees upon entry to the park.

11.B. Picnicking is allowed in the State Parks System. Areas designated for picnicking may be closed to overnight camping.

11.C. Users must maintain sites in state parks or recreation areas in a clean and sanitary condition at all times. The user shall clean the site after use and dispose of all trash and litter in appropriate waste receptacles.

12 OVERNIGHT CAMPING

12.A. Overnight camping is allowed in the State Parks System in designated areas, provided that a valid camping permit is obtained. Persons shall obtain permits upon entry with the payment of appropriate fees (see 19 NMAC 5.6). All use of park facilities between the hours of 9:00 p.m. and 6:00 a.m. is overnight camping. Check out time (the time the campsite is to be vacated) is 2:00 p.m.; however, the camping permit will allow day use of the park until 9:00 p.m. or as posted by the Superintendent.

12.B. Camps may not be retained and left vacant by the camper for more than 24 hours without special permission from the Superintendent.

12.C. Campers must maintain campsites in a clean and sanitary condition at all times. Campers must clean campsites after use and place litter only in appropriate disposal containers. Campers in remote areas must carry out all supplies and refuse and dispose of these items properly in appropriate waste receptacles.

12.D. A camper may reside in a park for a maximum of fourteen (14) days during any twenty (20) day period unless otherwise posted or waived by the Director. Camps must be completely removed from the park for six (6) days during the twenty (20) day period.

12.E. Fees shall be charged according to the facilities provided at each campsite, as provided in 19 NMAC 5.6, regardless of whether the facilities at the campsite were used. For example, camping at a site with electricity requires payment of the fee for a developed site with electrical hookup even if no electricity is used.

12.F. All vehicles in a park between the hours of 9:00 p.m. and 6:00 a.m. are individually subject to the appropriate overnight camping fees. Motor homes towing a vehicle or vehicles towing a camper will be considered a single vehicle for purposes of this rule.

12.G. Special areas within a park may require full fee payment in advance for weekends, holidays or special events, regardless of other permits.

12.H. Anchoring a boat or vessel overnight within a state park constitutes overnight camping and requires a valid camping permit for the anchored boat or vessel unless camping fees have been paid for towing vehicle. Anchored boats or vessels may not be left vacant for more than 24 hours without special permission from the Superintendent. Anchored boats or vessels may remain within a state park for a maximum of 14 days during any 20 day period unless otherwise posted or waived by the Director. Anchored boats or vessels must be completely removed from the park for six (6) days during the 20 day period. Paragraph 12.8 does not apply to boats or vessels moored at concession operated facilities such as marinas or buoy lines. Such boats or vessels are not subject to camping permits and fees or time limits while they are moored at the concession facilities.

13 USE OF FACILITIES

13.A. All facilities are available on a first come, first served basis with the exception of parks where a reservation program is established and the facility has been reserved. Campers shall not save or reserve camping spaces for other individuals even by purchasing additional permits. Campers shall not have sole and continuing possession of any picnic or shade shelter or other park facility to the exclusion of other park visitors except as provided in sections 11 and 12 of this part unless special permission has been granted by the Superintendent.

13.B. Persons using any park facility shall keep it in a clean and sanitary manner and shall leave it in a clean and sanitary condition.

13.C. Special facilities have been developed and designated for the use of individuals with disabilities. Individuals with disabilities shall have preferential use of these facilities over other persons.

13.D. Removing water for domestic use from the park or depositing domestic trash generated outside the park or from lease lots within a park is prohibited.

13.E. Advance reservations are required for the use of meeting rooms. Meeting rooms are not available at all parks. Any person who reserves a meeting room is responsible for setting up the room, cleaning the room after use and leaving the room in the same condition it was in before use. See 19.5.6 NMAC for meeting room fees.

13.F. The Director may designate areas within the State Parks System for use by reservation.

13.G. Advance reservations are required for the use of group shelters, group areas or reservation campsites. All users are required to pay the appropriate day use or camping fees in addition to the reservation fee. Annual permits may be accepted at reservation campsites as posted. See 19.5.6 NMAC for group shelter fees.

14 PARKING

14.A. Vehicles shall be parked only in established parking areas or parking turnouts where provided. It is illegal to park any vehicle in such a manner as to block access, restrict traffic, or inhibit the free movement of other vehicles, persons or wheelchairs. Vehicles so parked shall be subject to removal at the owner’s expense at the discretion of the Superintendent.

14.B. No person shall park a vehicle in a designated disabled parking space unless the vehicle has registration plates or a placard indicating disability in accordance with Section 66-6-16 NMSA 1978.

15 VEHICLE TRAFFIC

15.A. Vehicles shall be driven within the State Parks System only on established roads or areas authorized for vehicle traffic, provided that vehicle operation is at speeds at or below the posted limit and in a manner that is reasonable and prudent, having due regard for traffic, pedestrians and road surface conditions and width. (5/1/04)

15.A.(1) Vehicles shall not be operated in a manner that endangers the safety of persons, property or wildlife.

15.A.(2) Vehicles shall not be operated at speeds greater than the posted limit and shall not exceed 30 miles per hour where no limit is posted.

15.B. All vehicles operating within a state park shall be registered and operated according to New Mexico motor vehicle laws.

15.C. It is unlawful to ride or allow anyone to ride in a boat loaded on a trailer, except when launching or loading a boat at an established boat ramp.

16 OFF-HIGHWAY MOTOR VEHICLES

Operation of off-highway motor vehicles is prohibited except for off-highway vehicles the division uses for operation and maintenance.

16.A. Reserved.

16.B. Repealed.

16.C. Repealed.

17 SWIMMING

All swimming shall be at the swimmer’s own risk. Swimming is prohibited within 150 feet of public or concession boat docks, launching ramps, dams, above or below or where otherwise posted. Persons using air mattresses, inner tubes, surfboards (sail or wind), styrofoam flotation devices and other similar articles must wear a U.S. Coast Guard-approved personal flotation device or a flotation assist device.

18 SKIN OR SCUBA DIVING

18.A. Skin or scuba diving is at the diver’s own risk and is prohibited 150 feet from marinas, docks and ramps except for official activities and in other areas designated by the Superintendent.

18.B. Scuba diving is permitted only in groups of two or more divers. An additional diver or competent diver-tender must remain above water at all times.

18.C. All equipment such as tanks, weight belts and so forth must be equipped with quick-release fasteners.

18.D. All scuba divers must be equipped with a buoyancy compensator. Only self-inflated, air supplied canister, or tank inflated, direct connection to the tank supplied air, shall be used.

18.E. A diver’s flag must be used to mark the point of submergence. All scuba divers shall fly the diver’s flag from a boat or flotation device while diving. The flag shall be red with a white diagonal stripe running from the upper left corner to the lower right corner. All boats shall stay at least 150 feet away from a diver’s flag and must exercise special care in the vicinity of such warning flags.

19 HORSEBACK RIDING

Horseback riding is permitted only in designated areas within the State Parks System. Persons wishing to bring or ride horses in park areas shall check with the Superintendent in advance for approval, restrictions and area designations. Some parks prohibit all horses and horseback riding.

20 FIREARMS AND BOWS

Possession of firearms with a cartridge in any portion of the mechanism or the discharge of firearms, arrows and air or gas fired projectiles, weapons and any other device capable of causing injury to persons or animals or damage or destruction of property in any portion of the State Parks System is prohibited, except during designated hunting seasons or in authorized areas. No such activity shall be allowed within 300 yards of any developed park area or occupied campsite. This section does not apply to on duty law enforcement officials.

21 ICE SKATING AND ICE FISHING

Ice skating and ice fishing are at the individual’s own risk. Superintendents may prohibit or limit these activities as conditions require. Ice fishing is permitted as regulated by the State Game Commission. Holes cut in the ice for ice fishing shall be no larger than 12 inches in diameter.

22 NOISE LIMITATIONS

22.A. Park “quiet hours” begin at 10:00 p.m. and end at 7:00 a.m. The operation of generators, radios, unmuffled vehicles and other loud activity disturbing others is prohibited during this time period.

22.B. Except in case of an emergency, creation of any loud noise through the use of a loudspeaker shall require advance written approval of the Superintendent. Radios, tape players and other sound-producing devices will be operated at a reasonable level during non-quiet hours so as not to disturb other park visitors.

22.C. The use of any type of firework is prohibited without advance written approval from the Superintendent.

23 CONDUCT

23.A. Park visitors and campers are encouraged to enjoy all park experiences without infringing upon the ability of other visitors to enjoy the same experiences. Threatening, abusive, boisterous, insulting or indecent language and behavior are prohibited. Solicitation, gambling and illegal discrimination in any manner are prohibited.

23.B. Park visitors and campers shall not evade, disobey or resist any lawful order of a State Park Official.

23.C. Parents, guardians or other adults in charge are required to exercise constant direct supervision of minor children or adults who do not possess the intelligence or awareness to recognize possible danger.

23.D. Any person who violates a state law or a regulation of the department or any person who evades, disobeys or resists any lawful order of a state park official may be forcibly ejected from a state park by a law enforcement officers. Based on the severity of conduct or reported incident, i.e. threatening or intimidating conduct toward park visitors or park staff, the ejection may be permanent. Permanent ejection requires a written notification by the superintendent. (Note: the full procedure is in the regulations, please refer to the parks office in Santa Fe for details or consult the full New Mexico Administrative Code.)

24 PETS

24.A. Persons with dogs, cats or other domestic pets in areas of the State Parks System shall be responsible for control of their pets, so as not to cause a nuisance to others. Pet owners shall ensure all pets are vaccinated in accordance with all applicable county ordinances and state laws.

24.B. Pet owners shall pick up after their pets and shall maintain the area in a clean and sanitary condition.

24.C. Owners shall restrain pets on leashes that are not more than 10 feet in length, except in areas designated by the Superintendent. This rule shall not apply to pets being used in authorized activities such as field trials, retriever training or hunting.

24.D. Owners shall be required to prevent their pets from excessive barking, howling and loud noises, so as not to disturb others. Owners shall be required to prevent their pets from biting or attacking any person or destroying any property. Pets shall not be left unattended in vehicles or camp sites.

24.E. Pets are prohibited, except disability assistance dogs, with valid document that verifies the dog is an assistance dog that can be presented to the state park official at time of use, within all visitor centers and at the following parks:

• Rio Grande Nature Center State Park
• Living Desert State Park
• Smokey Bear Historical Park

25 LITTERING

25.A. No person shall dispose of solid or liquid waste in the State Parks System, except in receptacles provided for that purpose.

25.B. Glass containers are prohibited outside vehicles, motor homes, campers, trailers and tents within the State Parks System except on established commercial premises.

26 ABANDONED PROPERTY

Unless prior written permission has been obtained from the Superintendent, personal property left in any park for longer than 14 days shall be deemed abandoned. Property deemed abandoned shall be removed at the owner’s expense and disposed of as provided by law.

27 FEES AND CHARGES

27.A. All persons entering a state park by vehicle shall pay required fees, as described in 19.5.6 NMAC, upon entrance to a park. The visitor shall display applicable permits in accordance with instructions provided with the permit. Failure to obtain a permit shall result in field collection of fees and may include an administrative fee in addition to the required fee (see 19 NMAC 5.6). Failure to pay the administrative fee may result in a criminal action and/or eviction from the park.

27.B. Permits must be displayed at all times inside any park. Nonstop highway travel through a park on numbered state highways shall not require a park use permit.

27.C. The Superintendent may waive or reduce park fees for organized youth groups, special events, government agencies or employees of businesses working with the Division or its contractors. The Director may waive or reduce fees for special circumstances.

27.D. A State Park Official may issue rain checks for unused, prepaid daily camping activities or the cancellation of a group shelter reservation.

27.E. Fees in addition to the appropriate use fee may be charged for reservation processing and cancellation. The reservation fee will be collected for those park sites where a reservation program has been established (see 19 NMAC 5.6). The reservation fee will be paid in advance with all applicable fees for camping, electricity or other service for the total period of the reservation.

27.F. Repealed.

28 PERMITS AND PASSES

28.A. ANNUAL PERMITS:

28.A.(1) Annual day-use permits: Annual day-use permits authorize the vehicle owner or individual to access and use the park at no charge during the times indicated in 19.5.2.11 NMAC. Visitors may use annual day-use permits at all parks, except at the living desert zoo and gardens state park and Smokey Bear historical park.

28.A.(2) Annual overnight camping permits: Annual overnight camping permits authorize the vehicle owner or individual to access and use the park at no additional charge except for utility hookups during the times indicated in 19.5.2.12 NMAC.

28.A.(3) Veteran’s permit: Veteran’s permits authorize a New Mexico resident veteran with a permanent 100% service connected disability to obtain one annual day-use permit at no charge for personal use only. An eligible veteran desiring more than one permit shall purchase additional annual day-use permits at full price. To obtain a permit, an eligible veteran shall present to the division the following proof of disability and New Mexico residency:

(a) a photocopy of the award letter issued by the United States department of veterans affairs indicating the veteran has a 100% service connected disability; and

(b) proof of New Mexico residency, such as a New Mexico driver’s license, or other state of New Mexico-issued identification.

28.A.(4) Terms and Limitations:

(a) Permits expire one year from the date the division issues them.

(b) Annual overnight camping permits are available for:

(i) New Mexico residents as documented with a current New Mexico driver’s license or other state of New Mexico issued photo identification;

(ii) New Mexico residents 62 years of age or older as documented with a current New Mexico driver’s license or other state of New Mexico issued photo identification;

(iii) New Mexico residents with disabilities who present a New Mexico handicap motor vehicle license plate or a blue handicap placard with a placard holder identification card issued by the New Mexico motor vehicle division containing their name and placard number to verify disability; and

(iv) out-of-state-residents including senior citizens and persons with disabilities as described in Subsection D of 19.5.6.11 NMAC.

(c) Concession operated camp grounds do not accept division-issued permits.

(d) Except for annual day-use permits, visitors may obtain replacement permits and stickers by submitting the original permit, proof of purchase or issuance in the case of a veteran’s permit, or signed affidavit describing the facts of the purchase or issuance, and loss or destruction of the permit.

28.B. Concessionaires: The director or director designee (see Subsection N of 19.5.7 NMAC) may issue a park pass to concessionaires, concession permittees or their commercial contractors, suppliers and agents for access to and from the concession. Concessionaires, concession permittees or their commercial contractors, suppliers and agents using the park, lake or facilities away from the concession premises shall pay the appropriate fees.

28.C. Contractors: The director or director designee (see Subsection N of 19.5.1.7 NMAC) may issue a park pass to division contractors, suppliers or agents or other persons providing services to a park for access to the park.

28.D. Complimentary Park Passes: The director or director designee (see Subsection N of 19.5.1.7 NMAC) may issue complimentary passes to legislators, park advisory board members, volunteers or individuals who significantly contribute to the division or in exchange for promotion of the division or advertising. The director or director designee may issue complimentary passes as rainchecks to visitors for unused services or to resolve visitor complaints.

28.E. Gift Certificates: The division may sell gift certificates for annual day use permits and annual camping permits.

28.F. Special Use Permits:

28.F.(1) The division shall authorize short term events and activities within the state parks system, such as regattas, boat races, parades, races, fishing tournaments, exhibitions and educational activities only by a special use permit and only after payment of associated fees. See 19.5.6 NMAC. State park officials shall only issue special use permits for events and activities that provide a needed service to the park and that benefit the park. Persons shall submit applications for special use permits to the park where the event is proposed at least two weeks prior to the event, or at least 30 days prior to the event if the event is a regatta, motorboat or boat race, marine parade, tournament or exhibition. State park officials shall not issue a special use permit for a period of more than five consecutive days. The park may charge fees in addition to the special use fee to cover costs of additional staff, facilities, etc. needed for the event.

28.F.(2) Special Use Restrictions: No person shall violate a condition or restriction attached to or indicated on the special use permit. The division may cancel a permit if the permit holder violates 19.5.2 NMAC.

29 PROHIBITION OF ALCOHOLIC BEVERAGES
Public consumption and possession of alcoholic beverages may be prohibited within a state park or designated areas of a state park as prescribed by the Director and by the posting of such notice.

30 METAL DETECTING:
Metal detecting within a state park is prohibited unless authorized by superintendent for scientific activities such as projects permitted through the New Mexico Cultural Properties Review Committee or to retrieve lost items.