TITLE 4 CULTURAL
RESOURCES
CHAPTER 10 CULTURAL
PROPERTIES AND HISTORIC PRESERVATION
PART 18 STATE
REGISTER OF CULTURAL PROPERTIES
4.10.18.1 ISSUING
AGENCY: Cultural Properties Review Committee (CPRC). Contact the
State Historic Preservation Division, Department of Cultural Affairs.
[4.10.18.1 NMAC - N, 10/1/12]
4.10.18.2 SCOPE: This rule
applies to all public and private entities including but not limited to
individuals, corporations, partnerships, trusts, associations, educational
institutions, foundations, museums, state agencies, political subdivisions of
the state and any agency of the federal government proposing to nominate
properties of historical, archaeological, scientific, architectural or other
cultural significance for listing in the New Mexico (state) register of
cultural properties.
[4.10.18.2 NMAC - N, 10/1/12]
4.10.18.3 STATUTORY
AUTHORITY: NMSA 1978, Section
18-6-5 of the Cultural Properties Act.
[4.10.18.3 NMAC - N, 10/1/12]
4.10.18.4 DURATION: Permanent.
[4.10.18.4 NMAC - N, 10/1/12]
4.10.18.5 EFFECTIVE
DATE:
October 1, 2012, unless a later date is cited at the end of a section.
[4.10.18.5 NMAC - N, 10/1/12]
4.10.18.6 OBJECTIVE: This rule
describes procedures and requirements for listing properties of historical,
archaeological, scientific, architectural or other cultural significance in the
state register of cultural properties.
[4.10.18.6 NMAC - N, 10/1/12]
4.10.18.7 DEFINITIONS:
A. “Building” means a structure created
principally to shelter any form of human activity. Buildings include, but are
not limited to, houses, barns, stables, sheds, garages, warehouses,
courthouses, city halls, social halls, commercial buildings, libraries,
factories, mills, train depots, motels, theaters, schools, stores and churches.
Buildings may refer to a historically related complex such as a court house and
jail or a house and barn.
B. “Chief elected local official” means
the mayor, county judge, county executive or otherwise titled chief elected
administrative official who is the elected head of the local political
jurisdiction in which the property is located.
C. “CPRC” means
the cultural properties review committee, created pursuant to NMSA 1978, Section 18-6-4 and serves as the New Mexico
state review board pursuant to 36 CFR 60.3(o).
D. “Cultural property” or “cultural resource” means a structure,
place, site or object having historic, archaeological, scientific,
architectural or other cultural significance.
E. “District” means a geographically
definable area, urban or rural, possessing a significant concentration,
linkage, or continuity of sites, buildings, structures, or objects united by
past events or aesthetically by plan or physical development. A district may also comprise individual
elements separated geographically but linked by association or history.
F. Historic preservation division” or “HPD” means
the division within the department of cultural
affairs created pursuant to NMSA 1978, Section 18-6-8A and NMSA
1978, Section 9-4A-4 with offices located at 407 Galisteo
Street, Suite 236, Santa Fe, New Mexico 87501.
G. “HPD website” means http://nmhistoricpreservation.org.
H. “Keeper of the national register of
historic places” or “keeper” means
the individual who has been delegated the authority by the national park
service to list properties and determine their eligibility for listing in the
national register pursuant to 36 CFR 60.3(f).
I. “National register” means the national
register of historic places established by the National Historic Preservation
Act, 16 U.S.C. 470a(a) and the official national list
of historic districts, sites, buildings, structures and objects significant in
American history, architecture, archaeology, engineering or culture.
J. “New Mexico register nomination form”
means the form prescribed by the CPRC with maps and
photographs that is presented to the CPRC for
decision on registration.
K. “Object” means a material thing of
functional, aesthetic, cultural, historical or scientific value that may be, by
nature or design, movable yet related to a specific setting or environment.
L. “Owner” means those individuals,
partnerships, corporations or public agencies holding fee simple title to
property as recorded by the county clerk’s office. Owner, as used in this rule,
does not include individuals, partnerships, corporations or public agencies
holding easements or less than fee interests (including leaseholds) of any
nature.
M. “Place” means
an identifiable geographic location that possesses cultural or historic
significance including districts and sites, as appropriate.
N. “Registered
cultural property” means a cultural property placed in the state register. A registered cultural property may be
listed individually or as significant or contributing within a district.
O. “Registration
order” means the form prescribed by the CPRC, and
completed by the HPD at the direction of the CPRC documenting its decision on registration.
P. “Site” means
the location of a significant event, or a prehistoric or historic occupation or
activity, or a building or structure, whether standing, ruined, or vanished,
where the location itself maintains historical, cultural or archaeological
value regardless of the value of any existing structure.
Q. “State agency”
means a department, agency, institution or political subdivision of the state.
R. “State historic
preservation officer” or “SHPO” means the individual designated by the governor
pursuant to the National Historic Preservation Act, 16 U.S.C.
470a(b) and the director of the historic preservation division of the
department of cultural affairs, as provided for in NMSA
1978, Section 18-6-8.
S. “State register” means the official New
Mexico register of cultural properties maintained by the CPRC
for the purpose of recording cultural properties worthy of preservation
pursuant to NMSA 1978, Section 18-6-3.
T. “Survey” means a visual inspection to
examine, identify, record, evaluate and interpret cultural properties.
U. “Structure” means an engineered
construction made up of interdependent and interrelated parts in a definite
pattern of organization. In addition to buildings, structures include bridges,
dams, canals, wells and other engineering works.
[4.10.18.7 NMAC - N, 10/1/12]
4.10.18.8 NOMINATION
AND LISTING IN THE STATE REGISTER: In 1969, the Cultural Properties Act, NMSA 1978, Sections 18-6-1 to -17 created an official New
Mexico register of cultural properties (official or state register). The state
register is made up of structures, buildings, places, sites, districts and
objects with historic, archaeological, scientific, architectural or other
cultural significance that are examples of the historic and cultural heritage
of New Mexico. Registered cultural properties are of national, state or local
significance and have an inherent value to the people of New Mexico who have an
interest in their preservation, protection and enhancement.
A. The
CPRC reviews completed New Mexico register
nominations and is the sole entity that determines
which properties are worthy of registration and listing in the state register.
The CPRC also reviews national register nominations
and recommends to the SHPO whether the nomination
should be forwarded to the keeper of the national register. When a cultural property
is nominated for listing in the state register and also recommended for listing
on the national register at the same CPRC meeting, an
applicant may submit a single nomination on the national register nomination
form for CPRC review.
B. The
CPRC’s decision to list a cultural property on the
state register is made at an open meeting held pursuant to 4.10.3 NMAC and the CPRC’s current open
meetings resolution.
C. The
New Mexico register nomination form approved by the CPRC includes the descriptive and analytical information
used by the CPRC to determine whether the cultural
property meets the registration criteria. Blank copies of the nomination form
are available from the HPD offices and downloadable
from the HPD website.
D. Any
person or organization may submit a New Mexico register nomination to the SHPO for consideration by the CPRC.
The applicant identified thereon shall be responsible for completing the
nomination.
(1) The SHPO shall
not forward any nomination for review and evaluation by the CPRC
if the nomination is incomplete, does not meet technical or professional
standards, or if the SHPO determines that the
property does not meet the criteria specified in this rule. An incomplete
nomination will be returned with an explanation of the deficiencies that need
to be addressed and corrected.
(2) When a New Mexico register nomination is
complete, the SHPO shall:
(a) add the
nomination to the agenda for the next appropriate CPRC
meeting;
(b) notify the applicant, the owner, and chief
elected local official, at least 30 days prior to the CPRC
meeting, of the date, time and place where the nomination is to be considered;
any person will have the opportunity to be heard, present evidence and provide
written comments prior to or at the meeting as set forth in 4.10.18.9 NMAC; and
(c) post the
nomination to the HPD website and make the nomination
available at the HPD offices a minimum of 14 days
prior to the CPRC meeting; information in the
nomination concerning the location of archaeological sites and similar
properties will be redacted from the nomination made available to the public
pursuant to Section 18-6-11.1.
(3) The CPRC shall
accept, reject or defer the nomination based on criteria defined in 4.10.18.11 NMAC. The SHPO shall notify the
applicant, the owner and the chief elected local official of the CPRC’s action on the nomination within 14 days of the
meeting.
(a) After the CPRC
issues the order, accepting or rejecting the nomination, SHPO
shall post the order and the nomination to the HPD
website and make them available at the HPD offices
for a 30-day review period from the date of posting.
(b) The CPRC shall
not take any action on the registration order during the 30-day review period,
unless the CPRC votes to waive the review period if
requested by the nominating property owner, as described in Subparagraph (c) of
Paragraph (3) of Subsection D of 4.10.18.8 NMAC or if
a petition is filed pursuant to Paragraph (4) of Subsection D of 4.10.18.8 NMAC. Signing of the New Mexico register nomination form by
the chair of the CPRC or his designee constitutes formal registration and listing in the state register.
(c) Before the CPRC may vote to waive the 30-day review period, the owner must either file a waiver request and submit an application to the CPRC to participate in the state income tax credit program for the restoration, rehabilitation or preservation of registered cultural properties simultaneously with the nomination and the CPRC approves the tax credit at the same meeting, or submit an application to the SHPO to participate in the historic preservation loan fund at the same time the nomination form is submitted to the CPRC.
(d) Deferred nominations will be forwarded to
the applicant with an explanation of the reasons for deferral and the actions
which must be taken before the nomination can be reconsidered.
(e) Rejected nominations will be forwarded to
the applicant with an explanation of the reasons for the rejection.
(4) The applicant, owner, chief elected local
official or members of the public may petition the CPRC
to reconsider the registration order to accept or reject a nomination for
registration and listing in the state register. The petitioner shall explain
the reason or reasons for the petition and the relief sought from the CPRC.
(a) The petition shall be filed with the SHPO during the registration order 30-day review period.
(b) The SHPO shall provide written acknowledgment to petitioner within five business days of receiving the petition.
(c) The SHPO shall
place the petition on the agenda for the next appropriate CPRC
meeting and notify the petitioner, the owner and chief elected local official,
at least 30 days prior to the CPRC meeting, of the
date, time and place of the CPRC meeting where the
petition will be heard.
(d) The petitioner, the owner, chief elected
local official or the public shall have the right to be heard
and present evidence at the CPRC meeting and provide
written comments prior to the meeting as set forth in 4.10.18.9 NMAC.
(e) The CPRC shall
issue a final registration order to accept or reject the nomination. This
registration order constitutes a final decision for purposes of initiating any
judicial review. The registration order will be posted to the HPD website and mailed to parties as required. Pursuant to
rule 1-075 NMRA, an aggrieved party may file a
petition for writ of certiorari in the district court within 30 days following
the issuance of the final registration order.
(5)
A property in New Mexico listed in the national register that has not
undergone CPRC review shall automatically be listed
in the state register by the SHPO. No further CPRC review is required.
[4.10.18.8 NMAC - N, 10/1/12]
4.10.18.9 PUBLIC
NOTICE FOR CULTURAL PROPERTIES WITH MULTIPLE OWNERS:
A. The
SHPO shall provide written notice to the applicant,
the chief elected local official, and the owners of the cultural property,
including private property owners within the district or site, setting forth
the date, time and place of the CPRC meeting at which
a nomination will be considered. The written notice will be mailed at least 30
days before the CPRC meeting. The notice will be sent by first class mail to the last known
address as recorded by the county clerk’s office. Everyone present at the
meeting will have the opportunity to be heard and present evidence. The owners
will be invited to provide written comments prior to the meeting and may concur
or object in writing to the nomination of the cultural property.
B. The
SHPO may provide general notice for a nomination
where 50 or more owners’ names appear on the county clerk’s records. The
general notice shall be published twice in one or more newspapers of general
circulation in the state and in the area of the nomination. The first
publication will occur at least 30 days before the CPRC
meeting. The notice will be posted on the HPD website
at least 30 days before the CPRC meeting to allow for
the submission of written comments. The notice will advise the owners of the
date, time and place of the CPRC meeting, the right
to submit written comments and concur or object in writing to the nomination,
and the right to attend the meeting and present evidence. In addition, the SHPO may hold a public information meeting in the area of
the nomination prior to the CPRC meeting. The notice
for the information meeting will be published twice, in one or more newspapers
of general circulation in the state and in the area of the nomination. The
first publication and the posting of the notice on the HPD
website will occur at least 14 days before the public information meeting.
C. For
multiple resource and thematic submissions, each structure, building, site,
place, district or object included in the submission, is treated as a separate
nomination to notify and provide owners the opportunity to concur or object in
writing to the nomination in accordance with this section.
D. Upon
notification, any owner of a private property who wishes
to object to the registration and listing shall submit to the SHPO a notarized statement certifying that he is the sole
or partial owner of the private property and shall provide the reason for the
objection on or before the date specified in the published notice. In
nominations with multiple owners, the property will not be listed if a
majority of the owners object to the listing. The SHPO
will ascertain whether a majority of the private property owners have submitted
notarized objections. For purposes of this subsection, any private property
owner or part owner in a district or site has one vote whether or not the
property contributes to the significance of the district or site.
[4.10.18.9 NMAC - N,
10/1/12]
4.10.18.10 EFFECTS
OF LISTING UNDER STATE LAW:
A. The
state register is an authoritative guide to be used by state agencies, local
governments, private groups and citizens to identify the cultural resources
important to the state’s history and culture and to indicate which cultural
properties should be considered for protection from destruction or impairment.
Listing of private property on the state register does not abrogate the rights
of the property owner. The rights and responsibilities of owners of a
registered cultural property are the same as those of owners of a nonregistered
property. Listing does not prevent the
use, sale or transfer of the property.
B. State
agencies, with direct or indirect jurisdiction over any land or structure
modification which may affect a registered cultural property, shall provide the
SHPO a reasonable and timely opportunity to
participate in planning to preserve and protect and to avoid or minimize
adverse effects to registered cultural properties pursuant to 4.10.7 NMAC.
C. State
public funds may not be expended on any program or project that requires the
use of any portion of or any land from a property listed in either the national
register of historic places or state register unless there is no feasible and
prudent alternative to such use and unless the program or project includes all
possible planning to preserve and protect and to minimize harm to the
registered cultural property resulting from such use pursuant to 4.10.12 NMAC.
D. Owners
of registered cultural properties are eligible to participate in the state
income tax credit program for the restoration, rehabilitation or preservation
expenses spent on registered properties pursuant to 4.10.9 NMAC
and in the historic preservation loan program to preserve or rehabilitate the
registered cultural property pursuant to 4.10.2 NMAC.
[4.10.18.10 NMAC - N, 10/1/12]
4.10.18.11 STANDARDS,
SIGNIFICANCE AND INTEGRITY CRITERIA FOR REGISTRATION:
A. Registration standards.
(1) National
register bulletins. The CPRC uses the
national register bulletin series prepared by the national park service as
guidance in applying the criteria for state registration. Contact the HPD for assistance.
(2) General standards. Property
descriptions and statements of significance on the nomination form must be
accurate and prepared in accordance with standards generally accepted by
academic historians, architectural historians, archaeologists, ethnologists and
others, as appropriate, to the property being nominated.
(3) Boundaries. Boundaries for a district, site, structure,
building, place or object shall encompass but shall not exceed the full extent
of the significant resources or land area making up the property. The area
should be large enough to include all historic features of the property and
shall not include buffer zones or acreage not directly contributing to the
significance of the property. Districts may include noncontributing resources,
such as altered buildings or buildings constructed before or after the period
of significance. In situations where historically associated resources were
geographically separated from each other during the period of significance or
are separated by intervening development and are now separated by large areas
lacking eligible resources, a discontiguous district
may be defined. The following features may be used to mark the boundaries as
they reflect the resources: legally
recorded boundary lines; natural topographic features such as ridges, valleys,
rivers and forests; man-made features such as fences and stone walls, streets
and roads; or areas of new construction or construction outside the period of
significance.
B. Significance. The CPRC and SHPO shall use the following criteria when reviewing
nominations and making decisions to list a property in the state register or
determine the state-register eligibility of a property. To be considered for
registration, at least one of the following criteria for evaluation and
considerations must be met.
(1) Criteria
for evaluation. The quality of
significance in the history, architecture, archaeology, science, engineering
and culture is present in structures, buildings, sites, places, districts or
objects that possess integrity of location, design, setting, materials,
workmanship, feeling and association; and
(a) that are
associated with events that have made a significant contribution to the broad
patterns of our history; or
(b) that are
associated with the lives of persons significant in our past; or
(c) that embody the distinctive
characteristics of a type, period, or method of construction, or that represent
the work of a master, or that possess high artistic values, or that represent a
significant and distinguishable entity whose components may lack individual
distinction; or
(d) that have
yielded, or may be likely to yield, information important in prehistory or
history.
(2) Criteria
considerations. Ordinarily
cemeteries, birthplaces or graves of historical figures, properties owned by
religious institutions or used for religious purposes, structures that have
been moved from their original locations, reconstructed historic buildings,
properties primarily commemorative in nature, and properties that have achieved
significance within the past 50 years shall not be considered eligible for the
state register. Such properties may qualify if they are integral parts of
districts that do meet the criteria or if they fall within the following
categories:
(a) a religious
property deriving primary significance from architectural or artistic
distinction or historical importance; or
(b) a building or structure removed from its
original location but which is significant primarily for architectural value,
or which is the surviving structure most importantly associated with a historic
person or event; or
(c) the birthplace or grave of a historical
figure of outstanding importance if there is no appropriate site or building
directly associated with his productive life; or
(d) a cemetery which
derives its primary significance from graves of persons of transcendent
importance, from age, from distinctive design features, or from association
with historic events; or
(e) a reconstructed building when accurately executed
in a suitable environment and presented in a dignified manner as part of a
restoration master plan, and when no other building or structure with the same
association has survived; or
(f) a property
primarily commemorative in intent if design, age, tradition, or symbolic value
has invested it with its own exceptional significance; or
(g) a property
achieving significance within the past 50 years if it is of exceptional
importance.
(3) Level
of significance. A property listed
in the state register may be of national, state or local significance. The CPRC shall use the following criteria in determining the
level of significance appropriate to the property:
(a) a property of national significance offers
an understanding of the history of the nation by illustrating the nationwide
impact of events or persons associated with the property, its type or style or
its information; or
(b) a property of
statewide significance offers an important aspect of the history of the state
as a whole; or
(c) a property of
local significance represents an important aspect of the history of a county,
city, town, cultural area or region or any portions thereof.
C. Integrity. In addition to significance, a property must
possess integrity. A property has integrity if it retains the identity for
which it is significant. To determine whether a property retains integrity, the
CPRC shall consider the seven aspects set out below
and shall evaluate the property against those aspects that are most critical to
a property’s significance.
(1) Location is the place where the property
was constructed or the place where the event or activity occurred. For the site
of historic or cultural events, a property has integrity of location when the
location itself, complemented by the setting, may be used to visualize or
recall the event.
(2) Design is the combination of elements that
create the form, plan, space, structure and style of the property. Design
results from the conscious decisions in the conception and planning of a
property and may apply to areas as diverse as community planning, engineering,
architecture and landscape architecture. Principal aspects of design include
organization of space, proportion, scale, technology and ornament.
(3) Setting is the physical environment of the
property as distinct from the specific place where the property was built or
the event occurred. The physical features that constitute setting may be
natural or cultural and may include topographic features, vegetation and
relationships of a building to other features and open space.
(4) Materials include the physical elements
that were combined or deposited during a particular period of time and in a
particular pattern or configuration to form the cultural property. The
integrity of materials determines whether or not an authentic property still
exists.
(5) Workmanship is the physical evidence of
the crafts of a particular culture or people during any given period in history
or prehistory. Workmanship may be expressed in vernacular methods of
construction and plain finishes or in highly sophisticated configurations and
ornamental detailing. It may be based on common traditions or innovative period
techniques. Examples of workmanship include tooling, carving, painting,
graining, turning or joinery.
(6) Feeling is the property’s expression of
the aesthetic or historic sense of a particular period of time. Although
intangible, feeling depends upon the presence of physical characteristics to
convey the historic qualities that evoke feeling. Because it is dependent upon
perception of each individual, integrity of feeling alone will never be
sufficient to support designation.
(7) Association is the direct link between an
important historic event or person and the cultural property. If a property has
integrity of association, then the property is the place where the event or
activity occurred and is sufficiently intact that it can convey that
relationship.
[4.10.18.11 NMAC - N, 10/1/12]
4.10.18.12 EMERGENCY
CLASSIFICATION PENDING INVESTIGATION:
A cultural property the CPRC considers worthy of
preservation may be included in the state register on a temporary basis not to exceed one year from
the date of the emergency classification as provided in Section
18-6-12. If the cultural property is on private land, the temporary
classification shall not be considered a taking of private property, but the
owner may receive a fair rental value for the part of the land affected if the
temporary classification unduly interferes with the owner’s normal use of the
land. The CPRC makes all emergency classification
decisions at an open meeting following procedures in 4.10.3 NMAC.
The CPRC shall issue a registration order to the SHPO and the SHPO shall notify
the owner immediately of the CPRC’s action. During
the one year period, the CPRC shall investigate the
property to determine whether the property should be listed permanently in the
state register. The CPRC’s investigation may be
conducted with the assistance of the SHPO and others
including but not limited to the owner, interested members of the public and
preservation professionals. If the CPRC does not make
a decision to list the property within one year from the date of the emergency
classification, the property may not be reconsidered by the CPRC
for five years.
[4.10.18.12 NMAC - N, 10/1/12]
4.10.18.13 REVISIONS
AND AMENDMENTS TO REGISTERED CULTURAL PROPERTY NOMINATIONS:
A. Documentation
in a state register form may be revised, expanded or updated at any time after
registration. Amendments may be made for many reasons including but not limited
to the following: update the condition of the property; clarify, increase or
decrease the boundary; expand the significance by identifying new areas of
significance, additional criteria and new periods of significance; and
reclassify contributing and noncontributing resources.
B. Any
person or organization may submit an amendment to a New Mexico register
nomination to the SHPO. The SHPO
then reviews the amendment for completeness. Once complete, the SHPO shall place the amendment on the agenda for the next
appropriate CPRC meeting and notify the applicant,
the property owners and chief elected local official of the county and
municipality at least 30 days prior to the CPRC
meeting of the date, time and place of the CPRC
meeting where the amendment is to be considered. The owner and the public shall
have the right to be heard and present evidence at the CPRC
meeting and provide written comments prior to the meeting as set forth in
4.10.18.9 NMAC.
C. The
CPRC shall accept, reject or defer the amendment at
the CPRC meeting consistent with the process in
4.10.18.8 NMAC. The SHPO
shall send a copy of the amendment to the owner of record of the registered
cultural property.
[4.10.18.13 NMAC - N, 10/1/12]
4.10.18.14 REMOVAL
OF A PROPERTY FROM THE STATE REGISTER: The CPRC may remove
a registered cultural property from the state register pursuant to Section
18-6-5 when, in the opinion of the CPRC, the property
has been altered to such an extent that its integrity has been lost and the
values for which it was placed on the register no longer exist.
A. The CPRC shall remove a registered cultural property from the state register if one of the following conditions is met.
(1) The qualities which caused the property to
be listed originally have been lost or destroyed.
(2) Renovations, repairs or maintenance to a
registered property have resulted in a loss of the historic design
characteristics or integrity critical to the property’s original registration
or are inconsistent with recommendations made by the CPRC
pursuant to 4.10.4 NMAC.
(3) Additional information shows that the
property does not meet the state register criteria for registration and integrity.
(4) There is an error in professional judgment
as to whether the property meets the criteria for registration and integrity.
(5) There is a prejudicial procedural error in
the designation process.
B. Any
person or organization may submit a request to remove a property from the state
register. Documentation supporting a proposal for removal shall be provided to
the SHPO. The SHPO shall
review the proposal for conformance with this section and shall place the
removal proposal on the agenda for the next appropriate CPRC
meeting and notify the applicant, the property owners and chief elected local
official of the county and municipality at least 30 days prior to the CPRC meeting of the date, time and place of the CPRC meeting where the request is to be considered. The
owner and the public will have the right to be heard and present evidence at
the CPRC meeting and provide written comments prior
to the meeting as set forth in 4.10.18.9 NMAC.
C. The
CPRC shall accept, reject or defer the proposal to
remove the property from the state register at a CPRC
meeting consistent with the process in 4.10.18.8 NMAC.
The SHPO will notify the owner of record of the
registered cultural property of the CPRC’s decision.
[4.10.18.14 NMAC - N, 10/1/12]
4.10.18.15 IDENTIFICATION
OF CULTURAL PROPERTIES: The CPRC is charged
with the responsibility to identify and prepare a list of cultural properties
worthy of protection pursuant to Section 18-6-5.
A. Surveys. Surveys are the
first step to be taken in the registration process to identify cultural
properties and gather sufficient information about them to determine whether
the property may be eligible for registration and listing. Consult the SHPO prior to conducting any
field studies or survey to gather information on the property and the
appropriate boundary for area making up the property. Complete historic
cultural property inventory (HCPI) forms for historic
structures and buildings or laboratory of anthropology (LA) site records for
archaeological sites to supplement the nomination for each contributing
property. The applicant is encouraged to prepare forms for noncontributing
properties. Other standard forms may be substituted for the HCPI
forms with prior approval by the SHPO.
B. To
assist the CPRC in fulfilling its responsibilities
and the SHPO’s own responsibilities to survey and
inventory historic properties under Section 16 U.S.C.
470a(b) of the National Historic Preservation Act, the
SHPO establishes priorities for surveys to identify
and document cultural properties in New Mexico, to determine which properties
are eligible for listing in the state or national registers, and to prepare
nominations for listing in the state or national registers. The SHPO establishes a system of professional surveys on state
land in cooperation with the heads of state agencies pursuant to Section
18-6A-5 and may fund surveys under Section 18-6-8. Standards for survey are
described in 4.10.15 NMAC.
C. The
SHPO reviews the information gathered during these
and other surveys and inventories to make a determination of state and national
register eligibility and maintains a record of these determinations. A
determination of eligibility is a decision by the SHPO
or CPRC that a structure, site, place, or object
meets the state register significance criteria for registration although the
property is not formally listed in the state register. A determination of
eligibility does not make the property eligible for such benefits as grants,
loans or tax incentives that have listing in the state register as a
prerequisite.
D. State
agencies, political subdivisions of the state or the public may ask the SHPO to apply the criteria in 4.10.18.11 NMAC and make a determination of state register
eligibility.
[4.10.18.15 NMAC - N, 10/1/12]
HISTORY OF 4.10.18 NMAC:
[RESERVED]