New Mexico Administrative Code

A. Registrar: The registrar shall: (1) only disseminate information from the records repository or NMCRIS that conforms with Section 18-6-11.1 of the Cultural Properties Act. If a release of information from the records repository or NMCRIS does not conform with Section 18-6-11.1…

A. Registration: (1) Performing entities shall register all cultural resource investigations conducted in the state of New Mexico in NMCRIS unless the investigation, in its entirety, occurs on tribal lands as defined in 36 CFR 800.16(x) and the Indian nation, tribe(s), or pueblo(…

Office of Cultural Affairs, State Historic Preservation Division.

A. An eligible property owner is a sole owner, joint owner, owner in partnership, corporate owner or owner of a leasehold interest of a term not less than nineteen years, of any eligible property as described in Subsection A of 4.10.2.9 NMAC of these regulations. B. A loan or loa…

Costs which can be paid with HPL contributions to the loan pool are architectural, engineering, planning services, project inspection, contracted restoration, rehabilitation, repair and costs necessary for code compliance. The division or the lending institution with the prior ap…

A. HPL contributions to the loan pool shall not be used to pay costs of land acquisition, legal costs, fiscal agents' fees, loan origination fees, points, or other charges incurred by the borrower or which may be imposed by the lending institution or other lending entity, includi…

A. Loan participation agreement: The division shall enter into a loan participation agreement (see attachment "A" attached hereto) 4.10.2.22 NMAC with one or more lending institutions, a federal entity, or other funding entity, to make HPL funds available for deposit into the loa…

A. The division in consultation with the CPRC shall annually review the division's system for priority ranking of criteria applied to loan applications in a regular public meeting of the CPRC. B. The division shall provide annual public notice of the availability of loans or loan…

A. After approval by the division of a preliminary loan application form and identification of a lending institution, the designated officer of the lending institution will advise the property owner of any additional documentation required by the lending institution. B. Applicant…

A. The sufficiency of the collateral security interest in a registered cultural property whose repair, rehabilitation or restoration is to be funded with funds from the historic property loan fund and lending institution(s) shall be determined by the participating lending institu…

Recording, title, credit report fees and costs charged by the lending institution(s) participating in the loan for a project shall not be paid with HPL contributions to the loan pool.

A. The amount of HPL funds contributed to the loan pool shall not exceed two hundred thousand dollars ($200,000) for any one project. B. The property owner of an approved project will repay the loan or loan subsidy in monthly installments. Payment on the interest and principal sh…

The historic preservation division, the state historic preservation officer, cultural properties review committee, owners of property listed in the state register of cultural properties or the national register of historic places who apply and/or are interested in participating i…

A. All rehabilitation, restoration, repair and preservation of projects funded by a loan or loan subsidy from the historic preservation loan fund shall be governed by the secretary's standards as applicable. B. The division may require professional design, architectural or engine…

The requirements described in any section of these regulations may be subject to variance in accordance with the agreement and negotiations of the parties. Changes or divergence from the provisions described therein are within the discretion of the division and the CPRC.

THIS LOAN PARTICIPATION AGREEMENT, is made this_____day of ,_____, between [the participating lending institution, and/or other participating parties and address(es)] and the Historic Preservation Division, Office of Cultural Affairs, State of New Mexico, a government entity with…

THIS DEVELOPMENT AGREEMENT AND PRESERVATION COVENANTS AND DEED RESTRICTIONS, is entered into this _____ day of _____, _____, by and between [owner], its heirs, successors and assigns and the Historic Preservation Division, Office of Cultural Affairs, State of New Mexico ("the div…

A. PROPERTY INFORMATION property name:_______________ property address:____________ LOCATION county:___________________________________ Town/City:_____________________________ historic district:____________________________ rural:____________________________________ APPLICANT Name…

The Historic Preservation Loan Act, Section 18-6-21, authorizes the historic preservation division to administer the historic preservation loan fund and establish a program to contract with one or more lending institutions for deposits to be used for the purpose of making or subs…

Permanent.

July 16, 1997, unless a later date is cited at the end of a section or paragraph.

The objective of Part 2 of Chapter 10 is to establish regulations and describe the procedures for loans and loan subsidies made to property owners for the repair, rehabilitation, restoration and preservation of registered cultural properties. The regulations describe the eligibil…

A. "Acquisition" means the acquiring of a fee simple interest or of a lesser interest by appropriate mechanism, including but not limited to easement or lease, in a prehistoric or historic site. B. "Development agreement and preservation covenants and deed restrictions" means the…

A. HPL funds are contained in the historic preservation loan fund. Funding of restoration, rehabilitation, repair and preservation of a registered cultural property is accomplished by the division contributing an amount of HPL funds into the loan pool. B. For each approved projec…

A. An eligible property is any property individually listed in the state register of cultural properties or the national register of historic places or officially designated as contributing to a historic district listed in the state register or the national register. B. Eligible …

Cultural Properties Review Committee. Contact State Historic Preservation Division, Office of Cultural Affairs.

A. Members of the committee are those appointed pursuant to Section 4, Chapter 223, Laws of 1969, as amended. (Section 18-6-4 NMSA 1978). B. Members of the committee shall receive per diem and travel compensation as provided by the Per Diem and Mileage Act (Sections 10-8-1 throug…

A. The committee shall meet at least once each quarter. B. Any meeting or hearing of the committee may be held at any place within the state of New Mexico. C. At each regular meeting of the committee, the committee and the historic preservation division will agree on the place, d…

At the first meeting after the beginning of each fiscal year, the committee shall organize by the election and installation of a chairman, a vice-chairman and a secretary from among its members.

A. The chairman shall preside at all meetings and shall appoint all subcommittees. He shall otherwise perform all duties pertaining to the office of the chairman. B. The vice-chairman shall, in the absence or incapacity of the chairman, exercise the duties and shall possess all t…

A. The order of business shall be as follows:(1) review of minutes; (2) chairman's report; (3) state historic preservation officer's report; (4) site proposals; (5) committee matters; (6) subcommittee reports; (7) permits; (8) old business; (9) new business; (10) date of meetings…

A. The chairman shall appoint from the membership of the committee and the division any necessary subcommittees to serve for a period not exceeding the chairman's term of office. B. The chairman shall specify the duties of such subcommittees as he may create. C. All requests for …

Amendments to this rule of procedure must be presented in writing to each member of the committee at least two (2) weeks in advance of a meeting and shall be voted upon at that next meeting.

Members of the committee, state historic preservation officer, historic preservation division, members of the public having business with the committee.

Sections 1-17, Chapter 223 Laws of 1969, as amended (Sections 18-6-1 to 18-6-17 NMSA 1978).

Permanent.

3/26/87, unless a later date is cited at the end of a section or paragraph. Reformatted in NMAC format effective 11/15/97.

This rule of procedure shall serve the public and members of the committee as a guide to the operations and policies of the cultural properties review committee. The rule should be used as a reference and guide by all those concerned with observance and enforcement of the Cultura…

[RESERVED]

A. The name of this committee shall be the "cultural properties review committee," hereinafter referred to as the "committee." B. The powers and duties of the committee shall be those enumerated in Section 5, et seq., of the Cultural Properties Act, Chapter 223, Laws of 1969, as …

The state historic preservation officer shall administer the Cultural Properties Act. The state historic preservation officer is director of the historic preservation division of the office of cultural affairs, hereinafter referred to as the "division."

Cultural Properties Review Committee. Contact State Historic Preservation Division, Office of Cultural Affairs.

A. Historic and prehistoric archaeological sites will be avoided by keeping land disturbance or modification outside the site boundary as established in the state register nomination. B. Sites shall be reasonably protected from erosion and other natural phenomena. C. Sites shall …

A. Prior to and during the undertaking of any alteration, the areas to be affected will be recorded in all phases by photography and written description. B. The distinguishing original qualities or character of a building, structure, or site and its environment will not be destro…

A. Alteration of archaeological sites will be limited to areas of existing disturbance and to areas devoid of cultural manifestations, so as to have the least possible physical and visual effect. B. Mitigation of adverse effect on disturbed sites will require documentation, analy…

A. Completely new construction for which neither documentation nor precedent exists must be expressive of its own time. Such building, whether it be a discreet expansion of a historic building or a separate but closely related structure, shall be harmonious with the existing buil…

A. New construction affecting archaeological sites will be limited to areas of existing disturbance and to areas devoid of cultural manifestations, so as to have the least possible physical and visual effect. B. Mitigation of adverse effect on disturbed sites will require documen…

Registered cultural properties shall be removed from the state register when in the opinion of the cultural properties review committee the properties have been altered to such an extent that their integrity has been lost and the values for which they were placed on the register …

The historic preservation division, the state historic preservation officer, the cultural properties review committee, owners of property listed in the state register of cultural properties.