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ROW Record

State record · NM · 2026-09-01 · Statute

New Mexico

Live on this state’s ALPR statute. The occupancy form on file is not a named ALPR highway instrument. A live card is not a permit in hand.

Statute
Open the workbenchThe method
Highway system
Primary
State highways and other public highways under NMDOT jurisdiction. NMDOT ePermitting is the portal for utility and related occupancy of public-highway ROW. A compiled statutory definition of the state highway system is not packed in this build.
Owner
Primary
New Mexico Department of Transportation (NMDOT)
Right-of-way
Not retrieved
not packed. New Mexico’s statutory ROW definition is not packed in this build. Do not substitute Florida § 334.03(21).
Public records
Primary
Inspection of Public Records Act (IPRA) (NMSA 1978, §§ 14-2-1 to 14-2-12; right to inspect § 14-2-1; procedure § 14-2-8). Who may request: Every person has a right to inspect public records of this state except as provided in NMSA 1978 § 14-2-1(A)–(N) and as otherwise provided by law. Any person wishing to inspect public records may submit an oral or written request to the custodian; a written request need not state the reason for inspecting (§ 14-2-8(A), (C)). Packed from the Second Judicial District Court’s .gov reprint of §§ 14-2-1, 14-2-8 and 14-2-9, and from the NMOneSource compiled Chapter 14 PDF (official Compilation Commission NMSA 1978). NMDOJ IPRA HTML 403’d this hunt; nmonesource HTML was a JS shell. The Driver Privacy and Safety Act (below) still says ALPR information is confidential and is not a public record for IPRA purposes.

Packed from the Second Judicial District Court’s .gov reprint of §§ 14-2-1, 14-2-8 and 14-2-9, and from the NMOneSource compiled Chapter 14 PDF (official Compilation Commission NMSA 1978). NMDOJ IPRA HTML 403’d this hunt; nmonesource HTML was a JS shell. The Driver Privacy and Safety Act (below) still says ALPR information is confidential and is not a public record for IPRA purposes.

Open meetings
Secondary
Open Meetings Act (NMSA 1978, §§ 10-15-1 to 10-15-4)
ALPR statute
Primary
Driver Privacy and Safety Act, N.M. Laws 2026, ch. 20 (SB 40) — Driver Privacy and Safety Act. Enrolled SJC substitute, chaptered as Chapter 20, effective 1 July 2026. An ALPR user may not sell, share, allow access to, or transfer ALPR information if the user has reasonable belief it may be used to investigate or assist immigration enforcement, to investigate or prosecute a protected health-care activity, or to impose liability solely for constitutionally protected assembly, petition, or speech. Out-of-state third parties and non-New Mexico LE agencies need a written declaration that they will not use the data in those ways; no declaration, no share. Users may not make ALPR information available to non-law-enforcement officers or agencies, except the user’s ALPR vendor for providing the service. ALPR information is confidential and not an IPRA public record. Privately captured ALPR information may be released only with the private entity’s express consent or a valid court order. LE agencies that use a system report annually by April 1 to DPS (camera counts, databases compared, query counts and purposes, agencies granted access, unauthorized-use instances, subpoenas/warrants/third-party requests, out-of-state requests and agencies). DPS publishes an aggregate by July 1. AG or a district attorney may enforce; intentional § 3 violations carry the greater of $10,000 or actual damages. DPS may revoke data-sharing privileges. No retention period is in the enrolled act. Retention: None in the enrolled act. Do not invent a day count..

Compiled NMSA section numbers were not assigned in the enrolled bill (new material). Cite the session law, not a guessed statute number. This is a sharing/confidentiality statute, not the NMDOT permit.

ROW permit
None found
not packed. Who may apply: NMDOT ePermitting lists Utility, Access, Telecommunications, Temporary Flow Line, and Special Event applications. None of those pages name ALPR. Do not guess that a utility permit is the ALPR instrument.. Empty beats wrong. A general utility-accommodation path exists (NMAC 17.4.2 is cited on the portal). It is not packed as the ALPR install instrument.

Empty beats wrong. A general utility-accommodation path exists (NMAC 17.4.2 is cited on the portal). It is not packed as the ALPR install instrument.

https://www.dot.nm.gov/epermitting/

Install process in this state

Steps 1–4 are the enrolled act. Step 5 is the absence of an NMDOT ALPR instrument.

  1. This is not Florida’s General Use Permit, not Minnesota’s OLPA, and not Utah’s ALPRS Special Use. NMDOT’s ALPR-named ROW instrument was not retrieved.
  2. The Driver Privacy and Safety Act (N.M. Laws 2026, ch. 20) is a sharing, confidentiality, and reporting statute. It is not a permit to occupy highway ROW.
  3. Do not sell, share, or transfer ALPR information for immigration enforcement, protected health-care investigation/prosecution, or liability based solely on protected speech/assembly/petition. Out-of-state and non-New Mexico LE access needs a written non-use declaration first.
  4. Treat ALPR information as confidential and not an IPRA public record. LE users file the April 1 DPS report. DPS publishes the aggregate by July 1.
  5. For state-highway occupancy, NMDOT ePermitting is the portal. Which application type — if any — is the ALPR path is Unproven. Do not copy Johnson City, TN dollar figures or FDOT EOM 26-01.

Primary

Where to ask

  • Municipal clerk / county clerk

    Minutes, resolutions, vote records (Open Meetings + IPRA)

  • IPRA custodian at the agency

    Public records under ch. 14, art. 2, except ALPR information the 2026 act classifies as confidential

  • Law-enforcement agency

    ALPR system, vendor contract, out-of-state declarations, annual DPS report inputs

  • Department of Public Safety

    Annual agency reports; public aggregate by July 1; sharing-privilege enforcement

  • Attorney General / district attorney

    Enforcement actions under the Driver Privacy and Safety Act

  • NMDOT ePermitting

    Utility and other ROW permit files — ALPR-named type not packed

SupportedEvidence
New Mexico’s Driver Privacy and Safety Act (N.M. Laws 2026, ch. 20, SB 40) took effect 1 July 2026 and forbids sharing ALPR information for immigration enforcement, protected health-care prosecution, or liability based solely on constitutionally protected assembly, petition, or speech.

nm-sb40-final · nm-sb40-leg

SupportedEvidence
Under the enrolled act, automated license plate reader information is confidential and is not a public record for the Inspection of Public Records Act.

nm-sb40-final

UnprovenAssumption
NMDOT has a named ALPR right-of-way permit type.

ePermitting lists utility and other types. None named ALPR on retrieval day.

nm-epermitting

Sources in this pack

What was checked

  1. 2026-09-01

    https://www.nmlegis.gov/Sessions/26%20Regular/final/SB0040.pdf and Legislation?Chamber=S&LegType=B&LegNo=40&year=26

    Primary: enrolled SJC/SB 40, chaptered Chapter 20, effective 1 July 2026. Packed. Introduced PDF differs in several sharing/reporting clauses — use the final, not the introduced text.

  2. 2026-09-01

    https://www.dot.nm.gov/epermitting/

    Primary portal. Utility / Access / Telecom listed. No ALPR-named instrument. Not packed as the install permit.

  3. 2026-09-01

    https://seconddistrict.nmcourts.gov/ipra/ ; https://coa.nmcourts.gov/inspection-of-public-records-request-ipra/ ; https://nmonesource.com/nmos/nmsa/en/4383/1/document.do ; https://nmdoj.gov/get-help/inspection-of-public-records-act/

    Primary: Second Judicial District .gov reprints NMSA 1978 §§ 14-2-1, 14-2-8, 14-2-9 (every person; any person may request). Primary compiled: NMOneSource Chapter 14 PDF (official NMSA 1978 art. 2, § 14-2-1(A)–(N) through 2025 amendments). COA .gov same reprint. NMDOJ HTML 403. nmonesource HTML is a JS shell. recordsLaw set primary. whoMayRequest packed.

  4. 2026-09-01

    https://www.nmlegis.gov/Sessions/26%20Regular/final/SB0040.pdf (re-curl)

    Still primary. Enrolled SJC/SB 40, Chapter 20, effective 1 July 2026. Sharing/confidentiality/reporting statute; not an NMDOT ALPR permit.

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