New Mexico Right of Entry / Temporary Access Permit (3-NM-e)
3-NM-d), developers pursuing geothermal projects on state trust lands where the temperature of the extractable resource is less than 250 degrees Fahrenheit may apply for a Right of Entry / Temporary Access Permit (Permit). The Permit has an access fee ($500) associated with the typical term of 180 days, renewable once. The application fee is reduced pro rata where developers apply for a shorter term. The Permit allows developers to conduct pre-application activities such as surveying and subterranean geophysical analysis. However, the Permit does not allow any activity constituting “ground disturbance.” 188.8.131.52 NMAC.
In addition to exploration activities for a State Business Lease (see State Business Lease:
3-NM-d), developers may apply for a Temporary Access Permit in order to complete necessary pre-application assessments prior to applying for a State Right of Way Easement:
3-NM-b. 184.108.40.206 NMAC.
3-NM-b may apply for a Temporary Access Permit in order to allow for vehicular or other access beyond the permitted right of way bounds when necessary for the maintenance, repair, or improvement of the right of way easement. 220.127.116.11 NMAC.
Right of Entry / Temporary Access Permit Process
3-NM-e.1 – Right of Entry Request
The official NMSLO Right of Entry Request is provided. The application must list basic company information, including a contact person. In addition, the application must identify the location and boundary limits of the state trust lands, including information regarding the equipment and personnel that will be present on the state trust lands during the right of entry.
3-NM-e.2 to 3-NM-e.3 – Review Application Materials for Completeness
A complete NMSLO Right of Entry Request requires an application fee of $30, along with an access fee at the rate of $500 for the maximum 180 day term. In addition, applications must describe the purpose of the access and provide a survey of the land subject to request. NMSLO Surface Division ROW FAQs
3-NM-e.4 – Is the Application Accepted?
Even where an application is complete, the Commissioner of Public Lands has discretion to approve or deny the request in the best interests of the trust. NMSLO Surface Division ROW FAQs
3-NM-e.5 – Right of Entry Permit
If accepted, the NMSLO furnishes the developer with a Right of Entry Permit. There may be additional or modified terms in the issued permit that a developer must adhere to during subsequent access. 18.104.22.168 NMAC.
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