Research Application and Permit

The Open Space Division (OSD) manages the City of Albuquerque’s Major Public Open Space (MPOS) and relies on partners and community members to help steward these important landscapes. The OSD is committed to supporting research and learning opportunities. This application process provides an opportunity for the OSD to be informed about research on MPOS and review research protocols. The OSD strives to make this process easy for applicants. The General Research Application covers different types of research being conducted on MPOS including but not limited to plants, invertebrates, and animal observations and monitoring. The Wildlife Research Application is more comprehensive for research that includes wildlife handling, specific to vertebrates.

Major Public Open Space is an integrated network of lands and waters maintained to retain their natural character to benefit people throughout the metropolitan area by conserving resources related to the natural environment, providing opportunities for outdoor education and recreation, or defining the boundaries of the urban environment.

The purpose of Major Public Open Space includes the following:

• Conservation of natural resources and environmental features
• Provision of opportunities for outdoor education and recreation
• Shaping of the urban form
• Conservation of archaeological resources
• Provision of trail corridors
• Protection of the public from natural hazards.

Goals of the Research Permit

• For the OSD to be aware of research on MPOS lands
• To consider research being conducted on MPOS that may inform management practices
• To enhance natural resource outcomes specific to land management practices
• To ensure standard acceptable protocols are being followed
• To support research and education opportunities when appropriate

For questions related to the Research Application and Permit, email [email protected] or call (505) 768-2000. To learn more about the Open Space Division, visit the Open Space homepage.

Research Permit Guidelines

Application Process

Applicants conducting research that involves wildlife handling, including collections, specifically on vertebrate species, must complete the Wildlife Research Application. All other applicants must complete either the General Research Application. Approved permits will pertain only to properties the City of Albuquerque Open Space Division manages. For a list of City managed Open Space properties, visit Open Space homepage.

Applications involving wildlife handling and/or collections for vertebrate species must complete the Wildlife Research Application and submit any other related state or federal permits. If the applicant does not have a permit from another state or federal agency and the project has not been approved by an Institutional Animal Care and Use Committee, the application may be further reviewed by a panel of members of the Wildlife Research Permit Committee. The Committee will be composed of qualified biologists, land managers, and local agency experts. Members may include staff from the City of Albuquerque Open Space Division, Valle de Oro National Wildlife Refuge, Middle Rio Grande Conservancy District, biologists currently holding State and/or Federal research permits, and local State and Federal Agency staff as needed for expertise.

The Wildlife Research Committee and/or Open Space Division have the authority to require changes to research or monitoring design before approval to protect land, wildlife, vegetation, or public safety.

Permit activities and locations may be adjusted if land management projects or sensitive areas could be affected.

Partner agencies and land managers may require additional permits for compliance under their jurisdiction and will specifically list activities that the permittee is allowed to conduct under the permit.

If permit requirements from other entities arise during the approved permit timeline, permits may be placed on hold until State and/or Federal permits are obtained.

All permits must be in the possession of permittees and sub-permittees conducting work under approved permits and may be requested at any time.

The Wildlife Research Applications may take up to 45 days to review and approve after all required and completed information is submitted.

If there are no changes to the research project, permits will be active for up to three years from the approval date. If there are changes, the applicant must notify the OSD and may be required to reapply.

Once the project is completed, the Permittee must submit a summary of the project and its findings to the OSD. The OSD may request a meeting to review and discuss the project further.

No fee will be collected for the application process.

Failure to comply with any requirements or permit terms stated by the City of Albuquerque Open Space Division and State and/or Federal laws and regulations may result in the revocation of an approved permit and the denial of future permits.

General Conditions and Requirements

1) Operating Rules and Laws: The Permittee and Sub-permittees shall comply with all municipal, county, State, and Federal laws applicable to the operations under the permit and with all instructions applicable to this permit issued by the City’s Open Space Division.

2) Transfer of Privileges: This permit is not transferable, and no privileges herein mentioned may be sublet or made available to any person or interest not mentioned in this permit.

3) Waiver: The City’s failure to require strict compliance with any of this permit’s terms, conditions, and requirements shall not constitute a waiver or be considered as a giving up of the permit’s terms or conditions.

4) Revocation Policy: The Open Space Division may revoke this permit without notice for noncompliance with the terms hereof, or for violating applicable general and/or specific laws or regulations. It is at all times subject to discretionary revocation by the Open Space Division.

5) Damages: The City shall not be responsible for any loss or damage to Permittee or Sub-permittee property or injury to the Permittee or Sub-permittees or to the officers, agents, employees, students, or any other(s) in connection with this permit.

6) Insurance may be required and generally consists of the following, per the City’s Risk Department:

Commercial General Liability Insurance (“CGL”) A CGL insurance policy with combined limits of liability for bodily injury or property damage as follows:

$2,000,000 Per Occurrence

$2,000,000 Policy Aggregate

$1,000,000 Products Liability/Completed Operations

$1,000,000 Personal and Advertising Injury

$ 5,000 Medical Payments

The CGL insurance policy must include coverage for all operations performed for the City by the vendor/contractor, and the contractual liability coverage shall specifically insure the hold harmless provisions of the City’s contract with the vendor/contractor. The City shall also be listed as an “additional insured” by endorsement onto the CGL policy. Proof of this additional insured relationship shall be evidenced.

7) Usage of Open Space Property.

1. Permittee shall conduct the permitted activities so as to occasion minimal disruption to the City Open Space property and its visitors.
2. Should any part of the Open Space property be disturbed or damaged during the permitted activities, the Permittee shall promptly repair and restore the Open Space property to its original state. If the Permittee fails to make such repairs within thirty (30) days of receipt of written notice from the Open Space Division, City shall have the right, but not the obligation, to make such repairs and recover from the Permittee the costs incurred by City in making any such repairs.
3. The Permittee shall immediately remedy any dangerous condition on the property created by the permitted activities.
4. Upon expiration of the permit term, the Permittee shall restore the Open Space property to the same condition it was in prior to grant of the permit, and except to the extent of any changes or damage solely caused by City or City’s agents, employees, or invitees.
5. The Permittee agrees to defend, indemnify and hold harmless the City, its officers, agents, and employees from and against all suits, actions or claims of any character brought because of any injury, including death, or damage received or sustained by any person, persons or property arising out of Permittees or Permittee’s Sub-permittees, invitees, agents, employees, contractors and sublicensees use of or activities on the Open Space property under this permit. The indemnity required hereunder shall not be limited due to the specification of any particular insurance coverage.