A. No local school board or governing body of a charter school shall construct or cause the construction of any public school building within four hundred feet of any main artery of travel without the prior written approval of the department.
B. The district court may enforce the provisions of this section by any appropriate civil remedy in an action brought by an interested party.
C. As used in this section, "main artery of travel" means any designated state or federal-aid highway used primarily to accommodate transient motor traffic through a municipality and any type of public highway used primarily to accommodate transient motor traffic through a rural community or area.
History: 1953 Comp., § 77-18-2, enacted by Laws 1967, ch. 16, § 271; 2006, ch. 94, § 55.
ANNOTATIONSCross references. — For transfer of powers and duties of former state board of education, see 9-24-15 NMSA 1978.
The 2006 amendment, effective July 1, 2007, added the governing body of a charter school and changes "state board" to "department" in Subsection A.