County Road Policy Sections 5 ,6 - San Juan County, New Mexico: Local Government.

Each County road shall be initially classified by the Public Works Department according to its maintenance status as of May 24, 2006, except for a road within a subdivision, whose classification shall be assigned during the subdivision approval process according to the procedures and requirements of the San Juan County Subdivision Regulations, as amended.

SECTION 6. RECLASSIFICATION.

PROCEDURE

A County road may be assigned to a different maintenance classification only by following the procedure set forth herein.

INITIATING RECLASSIFICATION.

Any member of the public with some real property interest in a given road may apply for its reclassification. The application shall be on a form prescribed by the Public Works Department, an exemplar of which is attached as Appendix A. Alternatively, a request for reclassification may be initiated by the Board of County Commissioners, in which case no application shall be necessary.

RESEARCH AND INVENTORY.

PREPARE REPORT AND RECOMMENDATIONS

Based on its study of the requested reclassification, the Public Works Department shall prepare a report which addresses the condition of the road, its estimated annual maintenance cost, need for reclassification, availability of right-of-way, and any unusual problems or conditions discovered during its research and inventory. The Public Works Department shall indicate in the report whether its preliminary investigation indicates the request should be approved, denied, or approved with conditions. A copy of the report shall be provided to the applicant and the Board of County Commissioners. If the report recommends the request be approved, preliminary approval shall be granted, and the Public Works Department shall proceed with the process, except that any conditions imposed on the approval shall be completed before final approval is sought. If the report recommends disapproval, the application shall be denied. If the request is denied, the applicant may request reconsideration from the Board of County Commissioners.

ACQUIRE RIGHT-OF-WAY.

a.	Lesser-Maintained Status.
	If no public right-of-way easement exists, each landowner with an interest in a road which is proposed to be reclassified as a Lesser-Maintained County Road shall be required to execute a Grant of Right-of-Way Easement, Appendix B, hereto. All property rights acquired pursuant to this Section shall be properly filed and recorded with the County Clerk, but only after execution of the Resolution of Final Approval.
b.	County Maintained Road.
	If no public right-of-way easement exists, each landowner with an interest in a road proposed for County Maintained status shall be required to execute a deed of easement in form approved by the County Attorney. If consideration is demanded by any landowner, the demand shall be presented to the Board of County Commissioners before proceeding further. Any survey work and closing costs associated with this process shall be paid by the applicant or applicants. All property rights acquired pursuant to this Section shall be properly filed and recorded with the County Clerk, but only after execution of the Resolution of Final Approval.

ENVIRONMENTAL ASSESSMENT.

An environmental assessment shall be conducted on each road where reclassification to a County maintained classification is sought. The cost of the environmental assessment shall be borne by the County.

FINAL DECISION.

A copy of the request for reclassification, report from the Public Works Department, right-of-way documents, and the environmental assessment shall be submitted to the Board of County Commissioners, who shall make the final decision. In considering a request, the Board of County Commissioners shall consider the reclassification standards set forth at Section 6 (C) herein. If the request is approved, the Board shall execute a Resolution of Approval, which shall include the number, composition, length, condition and location of the road. The Board of County Commissioners may condition its approval upon completion of improvements or execution of documents. Any such conditions shall be set forth in the Resolution of Approval, and shall be accepted by the applicant in writing. Conditional approval shall become void six months from the date of the Resolution of Conditional Approval if all conditions are not met, and the road shall automatically revert to its previous classification without further action.

SIGNAGE, MAINTENANCE CHANGE, MAP ENTRY.

After execution of the Resolution of Approval, County staff shall indicate any reclassification on official San Juan County road maps and on other San Juan County official publications, make any necessary change in signage, and modify the maintenance schedule as necessary.

B.	EXCEPTIONS.
	The reclassification procedure set forth herein for reclassification of County roads shall not apply to any road whose reclassification is mandated by a court of competent jurisdiction, changes in classification required by repair or construction work, or as a result of an emergency. The reclassification procedure set forth herein shall not apply to abandonment of County roads, which are governed by the standards and procedures set forth in N.M.S.A. 1978, § 67-5-4 (as amended). Reclassification to a Lesser Maintained road from a County-Maintained road does not constitute abandonment, and such a reclassification may be accomplished through the procedures set forth herein.
C.	RECLASSIFICATION STANDARDS.
	In considering a request for reclassification, the Board of County Commissioners shall consider the use of the road, its condition, annual maintenance cost, any particular maintenance problems identified by the Public Works Department, future needs, emergency access, availability and cost of right-of-way, alternate access routes to the same area, any other legal considerations, damage or benefits which may accrue to any person(s) as a result of the proposed reclassification, and any demonstrated economic benefit. The Board of County Commissioners may accept the request in-whole or in-part, or may designate only a portion of a road for reclassification. Continued on next page.
	However, no road may be reclassified as a County Maintained Road if the road is not constructed according to the standards set forth in the County's Standard Specifications For Road Construction, Appendix C, unless a special assessment district is to be created according to Section 6(D), below. Nor shall any road be reclassified for any County maintenance classification if maintenance is impossible, dangerous or unreasonably costly. Nor shall any road be reclassified for County maintenance if environmental problems are identified in the environmental assessment.
D.	SPECIAL ASSESSMENT DISTRICTS.
	Any road for which reclassification is sought which does not at the time of application meet the standards set forth in Section 6(C), above, may be reclassified contingent upon creation of a special assessment district to finance necessary road improvements. Any road improvements such as paving, drainage improvements, or other such improvements that are requested by the public that are not currently planned or budgeted by the County may also be financed by the creation of a special easement district. Creation of the special assessment district shall be subject to statutory requirements, including N.M.S.A. 1978,-§§ 67-4-20 through 67-4-24 (as amended) and N.M.S.A. 1978, §§ 3-33-1 through 3-33-43 (as amended).