New Mexico Register / Volume XXXVII,
Issue 12 / June 23, 2026
This
is an amendment to 5.3.10 NMAC Sections 6, 7, 8, 9 and 14 effective 6/23/2026.
5.3.10.6 OBJECTIVE:
A. The
objective of 5.3.10 NMAC is to assume responsibility for approving all building
construction, major remodeling projects, renovations, and purchases of
real property at public post-secondary educational institutions.
B. The
purpose of 5.3.10 NMAC is to provide approval of proposed capital outlay
projects for which funding is available and to be handled by the department.
[5.3.10.6 NMAC - Rp, 5.3.10.6 NMAC, 10/31/2017; A, 6/23/2026]
5.3.10.7 DEFINITIONS:
A. “Capital outlay committee” means the
standing committee of the [New Mexico] department [of higher education]
that reviews all capital projects.
B. “Department” means the New Mexico [department
of] higher education department.
C. “FTE enrollments” means the total
number of student credit hours divided by 30 at the undergraduate level and
divided by 24 at the graduate level, on an annual basis.
D. “Institutional plan” means the plan
that each university, branch campus, college and special school must have on
file at the department. It is a current
five-year institutional plan containing the information on capital resources
which is required by the institutional planning guidelines. The required information for branches of
four-year institutions may be included in the main campus institutional plan[,]
but must be provided in full for each branch campus.
E. “Legal description” means the legal
description of the subject property as described by the meets and bounds survey
as completed and verified by a certified New Mexico land surveyor.
F. “Real property” means land and all
interests in it such as buildings and fixtures.
G. “Remodel”
means a significant structural change, space reconfiguration, or a complete
change in the type of activity that the space accommodates.
H. “Renovation”
means the renewal, replacement, or upgrading of existing facility components to
extend the useful life of the building or bring it back to its original
operational capacity.
[5.3.10.7 NMAC - Rp, 5.3.10.7 NMAC, 10/31/2017; A, 6/23/2026]
5.3.10.8 PRINCIPLES AND PROCEDURES: Following are
the principles and procedures for approval of proposed capital outlay projects:
A. All
projects submitted for department approval must have the prior approval of the
institution's governing board.
B. Proposed
projects should be consistent with the institutions long-range capital planning
as presented in the institutional plan.
C. All
projects that fall under the following categories must be submitted to the department
for approval:
(1) any
purchase of real property;
(2) any
project which results in the addition of square footage, whether from
construction or long-term lease of a new facility or a building addition, or
purchase of portable buildings;
(3) any
proposal to issue bonds;
(4) the
approval authority for any major remodel, major renovation, alterations
or site improvements is as follows, based on total project cost:
(a) For
institutions with FTE enrollments of 1,500 or less:
(i) over
[fifty thousand ($50,000)] one hundred and sixty thousand ($160,000)
- staff approval;
(ii) over
[three hundred thousand ($300,000)] nine hundred sixty thousand
($960,000) - capital outlay committee approval;
(b) For
institutions with FTE enrollments over 1,500:
(i) over
[three hundred thousand ($300,000)] nine hundred fifty thousand
($950,000) - staff approval;
(ii) over
[five hundred thousand ($500,000)] one million six hundred thousand
($1,600,000) - capital outlay committee approval;
(iii) Exception: The New Mexico institute of mining and
technology will be included with the over 1,500 FTE institutions when a
particular project is entirely funded by restricted funds.
(c) In
determining the total project cost, in-house labor costs and burden, along with
all materials, subcontract costs, and reasonable charge for owned equipment,
must be included.
(d) Projects
may not be artificially segmented or phased in a manner designed to avoid
review by the [Department] department.
(5) Any
demolition of an existing building must be submitted for approval by the
department staff.
[5.3.10.8 NMAC - Rp, 5.3.10.8 NMAC, 10/31/2017; A, 6/23/2026]
5.3.10.9 INFORMATION TO BE SUBMITTED: For
construction, renovation, or site improvement projects, institutions must
complete the department capital request forms and [ensure that] provide
the following information [is provided on]:
A. need
for the proposed facility or improvement and a discussion of how the project
relates to the overall institutional plan;
B. if the project
was included in the [department] department’s recommendations for
legislative funding, and if applicable, information outlining any departures
from descriptions used in obtaining the initial recommendation;
C. a
statement that the institutions board of regents or governing board has
approved the project;
D. a
summary of the types and sizes of facilities to be included in the project;
E. a
copy of the project program;
F. [completed
preliminary floor plan drawings of the project, including elevations, with each
space identified as to function;] for new construction, major remodel or
major renovation projects construction documents that are at a minimum seventy-five
percent complete;
G. a
plot plan indicating the site of the project;
H. the
anticipated use of any facilities to be vacated when the project is completed; and
I. the
projects estimated budget and source of funding.
[5.3.10.9 NMAC - Rp, 5.3.10.9 NMAC, 10/31/2017; A, 6/23/2026]
5.3.10.14 EMERGENCY SITUATIONS: The capital outlay
committee or the department may modify or suspend any of these procedures to
expedite projects which are necessary to address emergency situations.
A. Deadline
dates: 30 days prior to the capital outlay committee meeting at which approval
is requested.
B. Reporting
Forms: Form 1 through 6 – [Department of higher education] department
capital project request forms.
[5.3.10.14 NMAC - Rp, 5.3.10.14 NMAC, 10/31/2017; A, 6/23/2026]