New Mexico Administrative Code

This regulation is created pursuant to Section 5, Chapter 223, Laws of 1969, as amended, (Section 18-6-5.F NMSA 1978). That section reads as follows: ...shall issue regulations pertaining to the preservation and maintenance of registered cultural properties in order to maintain t…

Permanent.

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

The purpose of Part 4 of Chapter 10 is to provide guidance to the cultural properties review committee and owners of registered cultural properties on the protection, preservation and maintenance of those properties to assure proper cultural or historical integrity.

As used in this regulation: A. "Preservation" means the act or process of applying measures to sustain the existing form, integrity, and material of a building or structure, and the existing form and vegetative cover of a site. It may include protective maintenance or stabilizati…

A. Before any change greater than ordinary maintenance is made to a registered cultural property, the owner who is interested in maintaining register status should submit a description of the proposed change to the cultural properties review committee. The submittal should includ…

A. Weather-related deterioration shall be prevented and measures to preserve the existing material shall be applied. B. Deteriorated architectural features shall be repaired rather than replaced, wherever possible. In the event replacement is necessary, the new material shall mat…

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

A. The committee may contract for the preparation of material (research and writing of text) for publication only if it determines that the sale of such publication has a high probability of yielding the amount expended plus ten percent or if the fund contains an actual surplus s…

A. The committee may contract for the publication of material which it has approved for use of revolving funds. B. The committee shall designate the publisher and other necessary professionals for each approved manuscript. The publisher may be required by contract to produce, war…

The committee shall have the authority to review and edit the content of any material to be published through the revolving fund. Such material shall be reviewed for accuracy and relevance to the purposes of Section 18-6-16 NMSA 1978. All editorial review shall be made prior to t…

The cultural properties review committee and historic preservation division of the office of cultural affairs shall be specified as the publisher of each work published through the revolving fund.

A. The historic preservation division may authorize the publisher, or his agent, contracted for the production of an approved publication, to offer the publication for sale. B. The publisher may be required to print, in the first printing, sufficient number of copies to recoup th…

A. The publisher shall report to the historic preservation division on the financial status of each publication on at least a quarterly basis. B. The historic preservation division shall maintain current records of all disbursements from and reimbursements to the revolving fund f…

The historic preservation division shall annually report to the legislative finance committee on or before June 30 of each year the receipts and disbursements from and the balance remaining in the revolving fund together with a detailed statement of expenditures.

The historic preservation division of the office of cultural affairs, the state historic preservation officer, the cultural properties review committee, authors, editors, publishers, and other persons engaged in preparing, writing, editing, publishing and/or reprinting for sale w…

The guidelines and fiscal controls over the use of the cultural properties publications revolving fund are created pursuant to Section 1, Chapter 5, Laws 1978, as amended, (Section 18-6-16 NMSA 1978). That section reads as follows: The historic preservation division of the office…

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.

The objective of Part 4 of Chapter 10 is to provide guidelines and fiscal controls for the lawful administration of the cultural properties publications revolving fund by the historic preservation division. All pamphlets, articles, books, and other written materials prepared, pub…

A. "Committee" refers to the cultural properties review committee. B. "Cultural properties publication" means any pamphlet, article, book, poster or other written material which relates to cultural properties or historic preservation in New Mexico, and which has been prepared pur…

The committee shall annually establish priorities by subject matter to aid in the determination of the types of works to be published or reprinted by the revolving fund. These priorities shall be established at the second official committee meeting of the state fiscal year. Prior…

Material is eligible for publication through the revolving fund in the following manner: A. Committee or historic preservation division initiated: (1) The committee has determined, in accordance with its annual publication priorities, subject matter for publication. (2) Existing …

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

The cultural properties review committee, in consultation with the New Mexico state highway and transportation department and input from the general public, will determine the text and location of official scenic historic markers in New Mexico, according to the procedures and cri…

This regulation is created pursuant to the Cultural Properties Protection Act, NMSA 1978 Section 18-6-5, M(2), which requires the cultural properties review committee to review the accuracy and adequacy of proposed marking of cultural properties.

Permanent.

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

The purpose of this regulation is to establish a procedure for the preparation and selection of text for the official scenic historic markers.

[RESERVED]

The committee shall select and prepare the text for markers based on the following criteria: A. Markers shall be used exclusively for designating sites, districts, and other locations significant in the social, economic, political, scientific, architectural, and artistic history …

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

The agency head and state historic preservation officer shall cooperatively make one of the following determinations in any case in which a registered cultural property will be affected by a land or structure modification. These determinations are given in descending order of pre…

A. In reviewing a proposed undertaking, the agency head and state historic preservation officer will apply the following standards for structures: (1) Weather-related deterioration shall be prevented and measures to preserve the existing material shall be applied. (2) Deteriorate…

A. Standards for structures: (1) 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. (2) The distinguishing original qualities or character of a building, structure, or site and its…

A. Standards for structures: (1) 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 har…

When a state agency which has direct or indirect jurisdiction over any land or structure modification which may affect a registered cultural property does not concur with a determination proposed consistent with 4.10.7.10 NMAC above, the head of such agency may appeal to the cult…

This rule applies to the head of any state agency or department having direct or indirect jurisdiction over any land or structure modification which may affect properties listed on the state register of cultural properties.

The following regulations are created pursuant to Section 5, Chapter 223, Laws of 1969, as amended (Section 18-6-5.F NMSA 1978), as follows: F... shall issue regulations pertaining to the preservation and maintenance of registered cultural properties in order to maintain the inte…

Permanent.

8/21/87, unless a later date is cited at the end of a section or paragraph. Reformatted in NMAC format effective 11/15/97.

The purpose of this regulation is to establish the procedure under which heads of state agencies or departments having direct or indirect jurisdiction over any land or structure modification which may affect a registered cultural property will coordinate with the state historic p…

A. "Adverse effects" are any modifications to registered cultural properties that may cause changes in character or use, or in the characteristics which made the property eligible to the state register of cultural properties (4.10.7 NMAC). B. "Direct jurisdiction" is oversight, p…

Periodically, but not less often than annually, the historic preservation division will send notice of all properties added to the state register of cultural properties to all state agencies which may have direct or indirect jurisdiction over any land or structure modification wh…

A. When any land or structure modification which may affect a registered cultural property is proposed and before architects' or engineers' plans are authorized, a scope of work defined or request for proposals issued; and in the case of land modifications, as soon as the agency …

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

The CPRC issues project-specific permits, with the concurrence of the state archaeologist and the SHPO, and the commissioner of public lands for archaeological investigations on state trust lands or the representative of the state agency with jurisdiction for other state lands. T…

The applicant may obtain project-specific permit application forms and instructions for filing the application and attachments from HPD's website or may request them from HPD. Each archaeological investigation conducted for a different firm or for a different research project req…

A. Permittees shall abide by all stipulations contained in this rule and any special stipulations imposed by the CPRC, the state archaeologist, the SHPO and the commissioner of public lands or the state agency as appropriate. These additional stipulations shall be set out in writ…

Investigations on state land shall be performed by historic preservation professionals who have the academic background and professional experience to apply the theories, methods and practices of the discipline to enable independent, professional judgments to be made about the id…