New Mexico Statutes
Article 12 - Highway Beautification
Section 67-12-5 - Outdoor advertising; regulations; permits.

A. The commission may promulgate regulations 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 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.
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 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) of Section 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.
History: 1953 Comp., § 55-11-5, enacted by Laws 1966, ch. 65, § 5; 1967, ch. 140, § 2; 1971, ch. 108, § 3.
Regulation deemed proper exercise of police power. — The regulation of outdoor advertising along interstate and primary highways is a reasonable and proper exercise of the police power. Stuckey's Stores, Inc. v. O'Cheskey, 1979-NMSC-060, 93 N.M. 312, 600 P.2d 258, appeal dismissed, 446 U.S. 930, 100 S. Ct. 2145, 64 L. Ed. 2d 783 (1980).
Provisions not arbitrary or capricious. — The Highway Beautification Act's permit provisions are not arbitrary or capricious and they are reasonably necessary in order for the state highway department (now department of transportation) to ensure compliance with the act's provisions. Stuckey's Stores, Inc. v. O'Cheskey, 1979-NMSC-060, 93 N.M. 312, 600 P.2d 258, appeal dismissed, 446 U.S. 930, 100 S. Ct. 2145, 64 L. Ed. 2d 783 (1980).
Signs are public nuisances when they fail to qualify under Section 67-12-4A NMSA 1978 and when they fail to comply with the Highway Beautification Act's permit provisions. Stuckey's Stores, Inc. v. O'Cheskey, 1979-NMSC-060, 93 N.M. 312, 600 P.2d 258, appeal dismissed, 446 U.S. 930, 100 S. Ct. 2145, 64 L. Ed. 2d 783 (1980).
Waiver of Subsection D by state highway department. — The state highway department's (now department of transportation's) acceptance of late permit applications and permit fees and the issuance of the permits constitutes a waiver by the department of Subsection D of this section. Stuckey's Stores, Inc. v. O'Cheskey, 1979-NMSC-060, 93 N.M. 312, 600 P.2d 258, appeal dismissed, 446 U.S. 930, 100 S. Ct. 2145, 64 L. Ed. 2d 783 (1980).
Am. Jur. 2d, A.L.R. and C.J.S. references. — 39 Am. Jur. 2d Highways, Streets and Bridges § 288.
Governmental liability for compensation or damages to advertiser arising from obstruction of public view of sign or billboard on account of growth of vegetation in public way, 21 A.L.R.4th 1309.
Validity and construction of zoning regulations relating to illuminated signs, 30 A.L.R.5th 549.