N.M. Admin. Code § 19.5.7.11

Current through Register Vol. 35, No. 23, December 10, 2024

Section 19.5.7.11 - FILM PERMIT ISSUANCE OR DENIAL

A. After receipt of the film permit application and the application fee, the division shall either:

(1) issue the film permit with such conditions as the division deems necessary, including those needed to protect park resources or to ensure visitors' safety and enjoyment, upon the applicant's submission of the following:

(a) payment of film permit fees pursuant to 19.5.7.12 NMAC, park fees pursuant to 19.5.7.13 NMAC, as well as costs for division staff or equipment needed for the project to occur (e.g. providing a snowplow and operator to remove snow from roads normally closed for the winter) and for park fees the division loses as a result of a park's full or partial closure;

(b) a damage deposit sufficient to cover the division's costs for restoration that public liability insurance does not cover and clean up; the division will calculate the damage deposit based on the size, number of hours and days, number of individuals involved and the project's overall complexity;

(c) certificate of worker's compensation; and

(d) certificate of insurance for public liability for personal injury and property damage in amounts greater than or equal to the liability limits set forth in NMSA 1978, Section 41-4-19, as it may be amended, which shows the department as an additional insured; or

(2) deny the film permit application in writing for any of the following reasons:

(a) the film permit application does not contain the information required by 19.5.7.10 NMAC.

(b) the proposed film or photography project is incompatible with park resources and visitor use and demand;

(c) the proposed film or photography project depicts activities that are incompatible with or damage the division's image;

(d) the proposed film or photography project will or may risk division employee and visitor safety or damage division property or the park's natural and cultural resources; or

(e) the park lacks sufficient staff to monitor the proposed film or photography project's activity.

B. If the division denies the film permit application because it is incomplete or for any reason listed in Paragraph (2) of Subsection A of 19.5.7.11 NMAC, the applicant may provide additional information to complete the film permit application or revise the film permit application for the division's reconsideration.

N.M. Admin. Code § 19.5.7.11

19.5.7.11 NMAC - N, 1/1/2008