44TH LEGISLATURE - STATE OF NEW MEXICO - FIRST SESSION, 1999

RELATING TO ADVERTISING; ESTABLISHING REQUIREMENTS FOR OUTDOOR ADVERTISING SIGNS; LIMITING THE REGULATORY POWER OF THE STATE HIGHWAY COMMISSION.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

Section 1. [NEW MATERIAL] OUTDOOR ADVERTISING DEVICE-- MAXIMUM SIZE AND AREA LIMITATION--BACK-TO-BACK SIGNS--V-SHAPED SIGNS--MINIMUM SPACING REQUIREMENTS.--

A. The maximum area of the surface of any outdoor advertising device shall be nine hundred square feet, with a maximum length of fifty-two feet and a maximum height of twenty-two feet.

B. The maximum area of a single advertisement in a single facing sign shall not exceed nine hundred square feet. Each facing of a double-faced or back-to-back sign must meet this same standard.

C. Multiple facing signs in the same direction shall not be allowed to be stacked vertically.

D. Outside of incorporated cities, towns and villages and on interstate highways, controlled access freeways and non-freeway primary highways, no two signs on the same side of the right of way shall be less than five thousand feet apart.

Section 2. Section 67-12-5 NMSA 1978 (being Laws 1966, Chapter 65, Section 5, as amended) is amended to read:

"67-12-5. OUTDOOR ADVERTISING--[REGULATIONS] RULES--PERMITS.--

A. The commission may promulgate [regulations] rules in accordance with the provisions of Section 1 of this act concerning:

(1) the definition of unzoned industrial or commercial areas adjacent to the interstate and primary systems;

(2) the removal of outdoor advertising so required or authorized under the Highway Beautification Act;

(3) permits for the erection and maintenance of outdoor advertising; and

(4) standards and specifications pertaining to outdoor advertising, including, but not limited to, construction, maintenance, spacing, lighting, size and location.

B. [Regulations] Rules promulgated by the commission under this section shall be consistent with the public policy of this state as declared in the Highway Beautification Act [and], national standards promulgated pursuant to Title 23, United States Code and in accordance with the provisions of Section 1 of this act.

C. The commission shall establish and collect uniform fees for the issuance of permits for outdoor advertising. The fees shall not be more than the actual cost to the commission of enforcement and administration of [this] the Highway Beautification Act, or five dollars ($5.00) per year, whichever is greater, for each sign, display and device. All fees so collected shall be paid to the state treasurer for credit to the state road fund.

D. Any permit fee payable for the years 1966 through 1971 inclusive shall be deemed timely paid if, but only if, the fee is received by the commission prior to July 1, 1971. For the year 1972 and every year thereafter, the permit fee shall be deemed timely paid if said fee is received by the commission on or before the first day of the year for which said fee is being paid. Failure of timely payment of the permit fee for any outdoor advertising except those included in [Subsections A(1), A(2) and A(3)] Paragraphs (1) through (3) of Subsection A of Section [55-11-4 NMSA 1953] 67-12-4 NMSA 1978 shall render the outdoor advertising subject to removal by the commission without any compensation whatsoever and at the expense of the owner of the outdoor advertising."

Section 3. Section 67-12-12 NMSA 1978 (being Laws 1966, Chapter 65, Section 11) is amended to read:

"67-12-12. POWERS OF COMMISSION.--In accordance with the provisions of Section 1 of this act, the commission may:

A. promulgate [regulations] rules it deems necessary to implement and enforce the Highway Beautification Act; and

B. enter into agreements with the secretary of commerce pursuant to Title 23, United States Code, relating to the control of outdoor advertising and junkyards in areas adjacent to the interstate and primary systems and [to] take action in the name of the state to comply with the terms of the agreements."

Section 4. TEMPORARY PROVISION.--EXISTING OUTDOOR ADVERTISING SIGNS.--The provisions of this act apply only to outdoor advertising signs erected after July 1, 1999. Maintenance and rebuilding of outdoor advertising signs in existence on July 1, 1999 are allowed.

Section 5. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 1999.