A. No expenditure or contract for the expenditure of state public funds for purposes of constructing highways along new alignments or for purposes of substantially widening highways along the existing alignments shall be made or entered into by the state highway department unless the design and construction of such highways makes provision for pedestrian, bicycle and equestrian traffic along and across such highway, except when the state highway department, after notice and a public hearing, determines, pursuant to its published regulations as provided in Section 67-3-63 N.M. Stat. Ann., that:

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(1)     such provisions for pedestrian, bicycle and equestrian traffic would be contrary to the public safety; or

(2)     the cost of such provision would be disproportionate to the need or probable usage.

B. Notice of public hearings shall be required only when:

(1)     project plans require acquisition of additional right-of-way for purposes of constructing the project along a new alignment;

(2)     the project plans require a substantial widening of the travel lanes for highway reconstruction along an existing alignment; or

(3)     the highway department is petitioned by authorized officials of affected pedestrian, bicycle or equestrian associations. If such petition is filed, public hearing shall be held.

For purposes of Paragraphs (1) and (2) of this subsection, the requirement for notice and public hearing may be satisfied by publishing two notices of opportunity for a public hearing and holding a public hearing if written request for such a hearing is received within the time specified in the published notice.