Airports with regularly scheduled airline service utilizing aircraft with seating capacity in excess of 100 passengers, or a maximum payload capacity of more than twenty-five thousand pounds are not eligible for state funding. Airports on private land are not eligible for state funding unless the landowner files a written agreement with the aviation division director permitting public use of the facility without limit as to time. Airports receiving state funds shall not charge landing fees for aircraft except for aircraft used in commercial activities for compensation.
N.M. Admin. Code § 18.11.9.8