OPERATOR REQUIREMENTS
Prohibited Uses
It is illegal to operate an OHV on public lands:
- Under the influence of alcohol and drugs.
- Recklessly, carelessly or negligently endangering people or property.
- To chase or harass wildlife or domestic animals.
- To harm livestock or interfere with agriculture.
- After dark without a headlight and taillight.
- That makes noise exceeding 96 db that lacks a spark arrester or is not registered.
- Where prohibited by local, state or federal law.
- On paved roads, unless authorized by a local ordinance or resolution, with a New Mexico Paved Road Permit ($7) or out-of-state street registration plate or decal.
Safety Requirements for Operators and/or Passengers Under 18
Operators under 18 must:
- Take a certified OHV course and carry proof of completion (a “safety permit”) while operating an OHV.
- Wear a securely fastened DOT or ECE-approved helmet.
- Wear approved protective eyewear (goggles, safety glasses or helmet with a face shield).
- Never carry a passenger, even on OHVs designed for more than one person.
Be visually supervised when operating an OHV, unless:
- Age 13 and above with a valid motorcycle license.
- Age 15 and above with a valid driver’s license.
Riders Under 6:
- Shall NOT operate an ATV or ROV on public land.
Passengers must:
- Wear a securely fastened DOT or ECE-approved helmet.
- Wear approved protective eyewear (goggles, safety glasses or helmet with a face shield).
This information is not to be used as a substitute for New Mexico Statutes 66-3-1001 to 66-3-1021 or Title 18, Chapter 15, Part 3 of the New Mexico Administrative Code. It is intended to provide basic information regarding the requirements for OHVs and users. It is your responsibility to know the law.
PENALTY ASSESSMENTS
VEHICLE REQUIREMENTS
In addition to current and valid registration, all OHVs operated on public lands must meet these requirements.
See and be seen. Any OHV operated under conditions of reduced visibility, such as darkness, must be equipped with:
- One or more headlight(s) powerful enough to see objects at least 150 feet ahead.
- At least one taillight bright enough to be seen at 200 feet away under normal conditions.
To reduce fire risk any OHV must also have:
- A U.S. Forest Service-approved spark arrester is required to ride on public land.
- The muffler on your off-highway vehicle should have a stamp showing U.S. Forest Service approval as shown below.
LOCAL ORDINANCES AND RESOLUTIONS FOR PAVED ROAD USE
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With the passing of New Mexico Senate Bill 270 during the 2016 state legislative session, local authorities and the State Transportation Commission have the authority to pass ordinances or resolutions to designate certain paved roads as open to ATV or ROV travel within their respective communities. It is unlawful to operate an OHM (Off-Highway Motorcycle, dirt bike, etc.) or Snowmobile on paved roads, regardless of local ordinance/resolution.
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Ordinances/resolutions may authorize ATVs (All Terrain Vehicles, four-wheelers, quads, etc.) or ROVs (side-by-sides) travel on roads owned and controlled by the corresponding authorizing entity. Municipal ordinances/resolutions only cover the municipal roads owned by the municipality. County ordinances/resolutions only cover roads owned by the county, but cannot cover roads inside of city limits of municipalities within the respective county.
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Interstates, US Highways & State Highways within municipalities and counties with an ordinance/resolution are not open to OHV travel. This is because Municipal and County ordinances/resolutions do not have the authority to allow for OHV travel on highways, since these local entities do not own and control highways.
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Only a resolution from the New Mexico Department of Transportation (NMDOT) State Transportation Commission can authorize OHV travel on a highway. These resolutions can open a specific portion of a State Highway for ROVs only (no ATVs, OHMs or Snowmobiles) and must have signage indicating where the ROV route begins and ends. Unless posted as a designated ROV route from this process through NMDOT’s State Transportation Commission, it is unlawful to operate on a highway regardless of any Municipal or County ordinance/resolutions.
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The Department is maintaining a list of links to local ordinances/resolutions as we become aware of them for your convenience (see below). If you intend to operate an ATV or ROV on a paved road, it is your responsibility to inquire with the local authority where you wish to ride to see if such use is allowed in that specific area prior to operating on paved roads.
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Unless there is an ordinance or resolution in place, it remains illegal to operate an ATV or ROV on paved roads and highways!
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Only ATVs and ROVs (side-by-sides, SxS) can be operated on specific paved roads within communities only as authorized by passage of a local ordinance or State Transportation Commission resolution allowing such use. Off-highway motorcycles (OHMs, dirt bikes, etc.) and Snowmobiles are prohibited from paved road use at all times.
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Any adult ATV or ROV operator driving on a paved road where a local ordinance allows such use shall wear eye protection, have a driver’s license and proof of financial responsibility (liability insurance). All operators under the age of 18 must wear helmets and eye protection, be licenses, and have a safety permit as proof of safety training when operating any OHV.
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Non-residents whose ATVs and/or ROVs comply with the paved road vehicle requirements in New Mexico and display a valid paved road use registration decal or plate from their home state are not required to purchase a New Mexico non-resident paved road use decal.
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Please refer to the state OHV laws and rules for complete requirements. Local authorities can enact and enforce further restrictions as long as they do not conflict with state law. Local ordinances vary; please refer to the list below to learn what is authorized under each respective ordinance if you intend to operate on paved roads where authorized in those communities. For example, ordinances may allow ROVs but not ATVs, restrict hours of operation, restrict minimum age to operate on paved roads, or require additional equipment to be installed on your machine.
OHV USE ON PAVED ROADS MAP
Counties:
- Bernalillo: ❌ Not Allowed (Strictly Prohibited by Local Ordinance)
Bernalillo County Ordinance - Catron: Allowed
Catron County Ordinance - Chaves: Allowed
Chaves County Ordinance - Cibola: Allowed
Cibola County Ordinance - Colfax: ❌ Not Allowed
No ordinance exists - Curry: ❌ Not Allowed
No ordinance exists - De Baca: Allowed
De Baca County Ordinance - Doña Ana: Allowed
Dona Ana County Ordinance - Eddy: Allowed
Eddy County Ordinance - Grant: Allowed
Grant County Ordinance - Guadalupe: ❌ Not Allowed
No ordinance exists - Harding: Allowed
Harding County Resolution - Hidalgo: ❌ Not Allowed
No ordinance exists - Lea: ❌ Not Allowed
No ordinance exists - Lincoln: Allowed
Lincoln County Ordinance - Los Alamos: ❌ Not Allowed (Strictly Prohibited by Local Ordinance)
Los Alamos County Ordinance - Luna: Allowed
Luna County Ordinance - Mora: Allowed
Mora County Ordinance - Otero: Allowed
Otero County Ordinance - Quay: ❌ Not Allowed
No ordinance exists - Rio Arriba: ❌ Not Allowed
No ordinance exists - Roosevelt: ❌ Not Allowed
No ordinance exists - Sandoval: ❌ Not Allowed
No ordinance exists - San Juan: Allowed
San Juan County Resolution - San Miguel: Allowed
San Miguel Ordinance - Santa Fe: ❌ Not Allowed
No ordinance exists - Sierra: Allowed
Sierra County Ordinance - Socorro: ❌ Not Allowed
No ordinance exists - Taos: Allowed
Taos County Ordinance - Torrance: ❌ Not Allowed
No ordinance exists - Union: ❌ Not Allowed
No ordinance exists - Valencia: ❌ Not Allowed
No ordinance exist
- Alamogordo
City of Alamogordo Ordinance - Angel Fire
Village of Angel Fire Ordinance - Aztec
City of Aztec Ordinance - Bayard
City of Bayard Ordinance - Bloomfield
City of Bloomfield Ordinance - Chama
Village of Chama Ordinance - Cimarron
Village of Cimarron Ordinance - Clayton
Town of Clayton Ordinance - Cloudcroft
Cloudcroft Village Ordinance - Clovis
City of Clovis Ordinance - Deming
City of Deming Ordinance - Edgewood
Town of Edgewood Ordinance - Elephant Butte
City of Elephant Butte Ordinance - Espanola
City of Espanola Ordinance - Estancia
Town of Estancia Ordinance - Eunice
City of Eunice Ordinance - Farmington
City of Farmington Ordinance - Gallup
City of Gallup Ordinance - Grants
City of Grants Ordinance - Jal
City of Jal Ordinance - Magdalena
Village of Magdalena - Las Cruces
City of Las Cruces Ordinance - Lordsburg
City of Lordsburg Ordinance - Logan
Village of Logan Ordinance - Mesilla
Town of Mesilla Ordinance - Pecos
Village of Pecos Ordinance - Peralta
Town of Peralta Ordinance - Questa
Village of Questa Ordinance - Red River
Town of Red River Ordinance - Roswell
City of Roswell Ordinance - Ruidoso
Village of Ruidoso Ordinance - Silver City
Town of Silver City Ordinance - T or C
City of Truth or Consequences Ordinance