51,436 sections across 3,184 New Mexico regulatory chapters.
R.4.10.16-4.10.16.15 FINAL TECHNICAL REPORT STANDARDS
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These requirements constitute the minimal standards for the reports on the test excavation or excavation of sites located on state land. The length of each section and discussion shall be appropriate to the complexity and scale of the project. State agencies may have additional r…
R.4.10.16-4.10.16.16 POPULAR REPORTS
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Write a short popular summary suitable for distribution in a newspaper, newsletter or magazine for each excavation project. A popular report is optional for test excavation projects, but is encouraged. The purpose of the report is to provide information to the interested general …
R.4.10.16-4.10.16.17 CURATION OF COLLECTIONS AND RECORDS
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All material remains collected during the excavation or test excavation project and associated written and photographic records resulting from the project, regardless of whether or not all of the work specified in the test excavation plan or research design was completed, shall b…
R.4.10.16-4.10.16.18 DEVIATIONS
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The CPRC, SHPO and state archaeologist reserve the right to waive or deviate from this rule or any parts of this rule under circumstances deemed necessary by the CPRC, SHPO and state archaeologist. Any waiver or deviance from this rule shall occur while maintaining the spirit, in…
R.4.10.16-4.10.16.2 SCOPE
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This rule applies to all public and private entities, including but not limited to individuals, corporations, partnerships, trusts, associations, educational institutions, foundations, museums and any agency of the federal government proposing to conduct archaeological investigat…
R.4.10.16-4.10.16.3 STATUTORY AUTHORITY
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Section 18-6-5 (NMSA 1978) of the Cultural Properties Act.
R.4.10.16-4.10.16.4 DURATION
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Permanent.
R.4.10.16-4.10.16.5 EFFECTIVE DATE
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January 1, 2006, unless a later date is cited at the end of a section.
R.4.10.16-4.10.16.6 OBJECTIVE
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To establish standards and procedures to excavate archeological sites and areas of historic and scientific interest and to conduct test excavations of archaeological sites on land owned, controlled or operated by a department, agency, institution or political subdivision of the s…
R.4.10.16-4.10.16.7 DEFINITIONS
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A. "Archaeological investigation" means the study of archaeological sites, isolates and other cultural properties and areas of historic and scientific interest including without limitation survey and inventory, examination, collection, limited tests, test excavation, excavation a…
R.4.10.16-4.10.16.8 TEST EXCAVATION OF ARCHAEOLOGICAL SITES
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Test excavation is the planned examination of a portion of an archaeological site to obtain more detailed and accurate information about the characteristics and integrity of surface and subsurface cultural deposits, the distribution and density of material remains and the types o…
R.4.10.16-4.10.16.9 TEST EXCAVATION STANDARDS UNDER A GENERAL PERMIT
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Test excavation projects performed under a general permit shall be conducted in accordance with the following specifications and performed under the direct supervision of an archaeologist listed in the SHPO directory of qualified supervisory personnel (4.10.8.11 NMAC). Test excav…
R.4.10.17-4.10.17.1 ISSUING AGENCY
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Cultural Properties Review Committee. Contact State Historic Preservation Division, Department of Cultural Affairs.
R.4.10.17-4.10.17.10 MONITORING FOR SITE AVOIDANCE OR PROTECTION
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A. The state agency determines when monitoring is needed to supervise implementation of site avoidance or protection measures. (1) The state agency may reach this determination in discussion with the SHPO or as part of consultation with the SHPO pursuant to Section 18-6-8.1 of th…
R.4.10.17-4.10.17.11 MONITORING OF ARCHAEOLOGICAL SITES AND AREAS OF HISTORIC AND SCIENTIFIC INTEREST
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A. Purpose. When the purpose of the monitoring is to observe ground-disturbing activities through an archaeological site, cultural property or in an area of historic and scientific interest, the permittee shall develop a monitoring plan to guide the steps to be taken in the event…
R.4.10.17-4.10.17.12 STANDARDS FOR MONITORING REPORTS UNDER A PLAN
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Prepare a monitoring report consistent with the standards in this section for review by the state agency and HPD for all monitoring projects conducted under an approved monitoring plan. A. Preliminary report. A preliminary report may be prepared when requested by the state agency…
R.4.10.17-4.10.17.13 POPULAR REPORTS
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A popular report is not required under this rule, but the permittee should consider writing a short popular summary suitable for distribution in a newspaper, newsletter or magazine. The purpose of the report is to provide information to the interested general public about the sta…
R.4.10.17-4.10.17.14 UNANTICIPATED DISCOVERIES
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In the event the permittee encounters discoveries not anticipated by the monitoring plan, all construction in the vicinity of the discovery shall cease, the discovery protected and a buffer of at least 50 feet established around the discovery. The permittee shall notify the state…
R.4.10.17-4.10.17.15 DEVIATIONS
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The CPRC, SHPO and state archaeologist reserve the right to waive or deviate from this rule or any parts of this rule under circumstances deemed necessary by the CPRC, SHPO and state archaeologist. Any waiver or deviance from this rule shall occur while maintaining the spirit, in…
R.4.10.17-4.10.17.2 SCOPE
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This rule applies to all public and private entities, including but not limited to, individuals, corporations, partnerships, trusts, associations, educational institutions, foundations, museums and any agency of the federal government conducting or proposing to conduct archaeolog…
R.4.10.17-4.10.17.3 STATUTORY AUTHORITY
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Section 18-6-5 (NMSA 1978) of the Cultural Properties Act.
R.4.10.17-4.10.17.4 DURATION
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Permanent.
R.4.10.17-4.10.17.5 EFFECTIVE DATE
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January 1, 2006, unless a later date is cited at the end of a section.
R.4.10.17-4.10.17.6 OBJECTIVE
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To establish standards and procedures for monitoring land-disturbing projects that affect or may affect archaeological sites, cultural properties or areas of historic and scientific interest on lands owned, controlled or operated by a department, agency, institution or political …
R.4.10.17-4.10.17.7 DEFINITIONS
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A. "Archaeological site" or "site" means a location where there exists material evidence of the past life and culture of human beings in the state. A significant archaeological site typically is 50 or more years old. Examples of archaeological sites include without limitation cam…
R.4.10.17-4.10.17.8 MONITORING
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There are two types of monitoring activities: monitoring to implement site avoidance or site protection measures, and monitoring of construction activities through an archaeological site, other cultural property or areas of historic and scientific interest where there is high pro…
R.4.10.17-4.10.17.9 PERSONNEL REQUIREMENTS
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A. The SHPO shall maintain a directory of qualified supervisory personnel including but not limited to archaeologists who act in the capacity of principal investigator, project director, field supervisor and crew chief (4.10.8 NMAC). B. All monitoring activities on state land sha…
R.4.10.18-4.10.18.1 ISSUING AGENCY
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Cultural Properties Review Committee (CPRC). Contact the State Historic Preservation Division, Department of Cultural Affairs.
R.4.10.18-4.10.18.10 EFFECTS OF LISTING UNDER STATE LAW
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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 protecti…
R.4.10.18-4.10.18.11 STANDARDS, SIGNIFICANCE AND INTEGRITY CRITERIA FOR REGISTRATION
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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 descr…
R.4.10.18-4.10.18.12 EMERGENCY CLASSIFICATION PENDING INVESTIGATION
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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…
R.4.10.18-4.10.18.13 REVISIONS AND AMENDMENTS TO REGISTERED CULTURAL PROPERTY NOMINATIONS
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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; expa…
R.4.10.18-4.10.18.14 REMOVAL OF A PROPERTY FROM THE STATE REGISTER
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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 longe…
R.4.10.18-4.10.18.15 IDENTIFICATION OF CULTURAL PROPERTIES
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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 …
R.4.10.18-4.10.18.2 SCOPE
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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 gover…
R.4.10.18-4.10.18.3 STATUTORY AUTHORITY
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NMSA 1978, Section 18-6-5 of the Cultural Properties Act.
R.4.10.18-4.10.18.4 DURATION
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Permanent.
R.4.10.18-4.10.18.5 EFFECTIVE DATE
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October 1, 2012, unless a later date is cited at the end of a section.
R.4.10.18-4.10.18.6 OBJECTIVE
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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.
R.4.10.18-4.10.18.7 DEFINITIONS
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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, trai…
R.4.10.18-4.10.18.8 NOMINATION AND LISTING IN THE STATE REGISTER
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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, archaeo…
R.4.10.18-4.10.18.9 PUBLIC NOTICE FOR CULTURAL PROPERTIES WITH MULTIPLE OWNERS
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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 wi…
R.4.10.19-4.10.19.1 ISSUING AGENCY
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Department of cultural affairs, state historic preservation division.
R.4.10.19-4.10.19.10 FEES
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A. Use of the records repository and NMCRIS is contingent upon the HPD's receipt of reasonable fees as provided in this rule. The SHPO shall expend the fees received solely for the maintenance and administration of the records repository and NMCRIS, consistent with HPD's appropri…
R.4.10.19-4.10.19.2 SCOPE
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This rule applies to the state historic preservation division and entities wishing to access, use or submit records to the records repository or NMCRIS.
R.4.10.19-4.10.19.3 STATUTORY AUTHORITY
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Subsection D of Section 18-6-8 NMSA 1978 and Section 18-6-11.1 of the Cultural Properties Act.
R.4.10.19-4.10.19.4 DURATION
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Permanent.
R.4.10.19-4.10.19.5 EFFECTIVE DATE
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May 31, 2016, unless a later date is cited at the end of the section.
R.4.10.19-4.10.19.6 OBJECTIVE
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This rule describes the procedures to access and use cultural resource records in the NMCRIS and the records repository while minimizing loss of archaeological resources in the state of New Mexico. In addition, the rule describes the procedures to register and to submit cultural …
R.4.10.19-4.10.19.7 DEFINITIONS
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A. "Application" means the document, provided by HPD on its website or other method that is used to request access to NMCRIS or to the records repository. B. "ARMS" means the archaeological records management section, a bureau within the historic preservation division that manage…