New Mexico Administrative Code

The SHPO shall maintain a directory of historic preservation professionals including but not limited to individuals who act in the capacity of principal investigator, project director, supervisory archaeologist, historic archaeologist, biological archaeologist, architectural hist…

A. Individuals listed in the SHPO directory must continue to develop their professional knowledge and technical skills to maintain their listing in the SHPO directory. Individuals shall complete a minimum of 24 hours of professional development or training every three years for e…

A. HPD shall receive permit and SHPO directory applications including attachments and maintain current files for each permittee and individual listed in the SHPO directory. B. HPD shall review all information submitted in support of the permit or SHPO directory application for co…

A. A permittee may request a modification to a permit at any time. The permittee shall submit a written request of the proposed permit modification to HPD and concurrently to the state agency archaeologist, if the state agency has one and the modification affects permit activitie…

All permittees are required to submit a final written report. In all cases the reports shall be submitted to the state agency or agencies and HPD for review and comment as specified in this section. For archaeological investigations conducted on state trust lands, the commissione…

All material remains collected during archaeological investigations conducted under a permit and written and photographic records resulting from an archaeological investigation, regardless of whether or not all of the work specified in the permit was completed, shall be curated c…

This rule applies to all public and private entities conducting or proposing to conduct archaeological investigations on any lands owned, controlled or operated by the state of New Mexico.

If cultural resources are discovered after the permitted field investigations have concluded or unanticipated effects on cultural properties occur during construction or other ground-disturbing activities, all construction or other ground-disturbing activities in the vicinity of …

A. The CPRC, the state archaeologist, the SHPO and the state agency may assess the quality of archaeological or research work conducted or completed by a permittee at any time by conducting field visits or by reviewing reports, site forms and related materials for compliance with…

Permits may be issued for less than three years on a probationary basis when the CPRC determines that a permittee's performance requires evaluation based on documented performance problems. A. The permittee shall take immediate steps to correct the deficiencies. The permittee may…

The CPRC may deny an application for a permit based on unacceptable performance. A. The decision to deny a permit application may be based upon factors such as: (1) a pattern of unacceptable performance by the applicant; (2) failure of the applicant to improve performance while o…

Any applicant who has been denied a permit by the CPRC, the state archaeologist, or the SHPO or who has been denied for listing on the SHPO directory shall have the right to appeal the decision. A. All requests for an appeal shall include a statement of the applicant's reason for…

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…

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…

Subsection O of Section 18-6-5 (NMSA 1978) of the Cultural Properties Act.

Permanent.

January 16, 2019 unless a later date is cited at the end of a section.

This rule describes the procedures used to review and issue a permit for archaeological investigations on state land. Additionally, this rule establishes professional and quality standards for a permittee's performance and sets forth causes for non-renewal of permits.

A. "Archaeological investigation" means the study of archaeological sites, isolates and areas of historic and scientific interest including without limitation survey and inventory, examination, collection, limited tests, test excavation, excavation and monitoring. B. "ARMS" means…

The CPRC issues, with the concurrence of the state archaeologist and the SHPO, a general permit to qualified institutions to conduct archaeological investigations on state land. Three types of investigations may be performed under a general permit: survey, test excavation, and mo…

General permits are issued for a three-year cycle. The applicant may obtain a general permit application form and instructions from HPD's website or may request them from HPD. The applicant shall complete the application consistent with this rule, provide the attachments describe…

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

Upon review and certification of a completed Part 2, the division shall notify the owner and the taxation and revenue department of the total creditable cost of the approved project. Notification to the owner shall be within 14 days after the committee meeting in which the projec…

A. The committee will review architectural applications for conformance with the secretary of interior's Standards for Rehabilitation (published at 36 CFR Part 67, reproduced below). (1) A property shall be used for its historic purpose or be placed in a new use that requires min…

A. The committee may approve a project, as described in part 1, which contains work items that are not creditable. These items include, but are not necessarily limited to: (1) new construction (except as may be required by current building and life safety codes); (2) landscaping …

In case of the removal of the property from the register by the committee because of unauthorized or improper alteration or preservation technique which destroys the significant qualities of the structure, or by reason of destruction or loss of the property, or for any other reas…

In the event a property owner's application for tax credit is denied, or withdrawn for cause, the property owner may appeal that action pursuant to the Tax Administration Act. (Section 7-1-1 -et.seq NMSA 1978).

Individuals or corporations that own registered cultural properties may receive a credit against personal or corporate state of New Mexico income tax liabilities according to the procedures and criteria established in this regulation. See also regulations adopted under the taxati…

This regulation is created pursuant to the Income Tax Act, NMSA 1978 Section 7-2-18.2.A through 7-2-18.2.H, and Corporate Income Tax Act, NMSA 1978 Section 7-2A-8.6.A through 7-2A-8.6.G, which requires the state historic preservation division to promulgate regulations for impleme…

Permanent.

1-24-94, unless a later date is cited at the end of a section or paragraph. Reformatted in NMAC format effective November 15, 1997.

The purpose of this regulation is to provide objective guidance to the committee and the division for the lawful administration of state income tax credits available for restoration, rehabilitation or preservation expenses on properties listed on the register.

A. "Restoration" means the action or process of accurately recovering the form and details of a property and its setting as it appeared at a particular period of time by means of the removal of later work or the replacement of missing earlier work. B. "Rehabilitation" means the a…

A. All cultural properties, after having been listed on the register, are eligible properties for the purpose of the state income tax credit program. cultural properties listed on the register include: (1) all properties listed individually on the register; and, (2) all propertie…

Program requirements include the following criteria and procedures: A. All plans, specifications, descriptions or research designs for a project for which a state income tax credit is to be claimed, shall be presented to the committee for review in a regularly scheduled meeting i…

Department of Cultural Affairs, New Mexico Arts Division.

The commission shall have fifteen (15) members appointed by the governor pursuant to Section 18-5-3 NMSA 1978. A. Members shall be appointed for terms as follows: five members shall be appointed for terms of one year, five members shall be appointed for terms of two years and fiv…

The commission is advisory to the director of the NMA, to the department of cultural affairs secretary and to state government in general where not in conflict with other statutory agencies. The governor will receive general counsel on the arts from the commission and from the NM…

The arts commission has established a conflict of interest policy based on the Governmental Conduct Act, 10-16-1 through 10-16-18 NMSA 1978. Commission members shall not engage in any action that could be interpreted as use of position on the commission to further his own interes…

The officers of the commission shall be a chair, who shall serve at the pleasure of the governor, and a vice-chairman and a secretary, who shall be elected at the annual meeting in November by a majority vote of the commission members present. A. The vice-chair and secretary shal…

The commission shall have a planning and budget committee, whose members shall be assigned by the chair. A. If any assigned member of the planning and budget committee is unable to attend a meeting of that committee, the commission chair may appoint another commissioner to serve …

There shall be various standing operations committees, corresponding to the major operations areas of the commission's responsibilities. A. Appeals committee, has responsibility for hearing and making recommendations on all appeals submitted by the NMA director. B. There shall be…

The most recent publication of the "New Mexico arts funding guidelines" is hereby incorporated into this rule by reference and is subject to change on a yearly basis. For the most recent publication, call New Mexico arts or visit the website at www.nmarts.org. The New Mexico arts…

Members of the public, artists, or organizations, public or private, who are interested in receiving funding administered by the New Mexico arts division, and members of the New Mexico arts commission.

Sections 18-5-7(F) NMSA 1978 authorizes the director to make rules and regulations necessary to administer the division and carry out the state statutory duties of the division.

Permanent.

November 13, 2003, unless a later date is cited at the end of a section.

The purpose of general provisions implementation regulations is to serve the public, employees, and the commission as a guide to the operations and policies of the New Mexico arts commission and New Mexico arts division and carry out of the purpose of the Arts Division Act.

A. "Appeals committee" means the designate committee of the NMA commission which reviews and makes a determination regarding an appeal brought forward by a prospective applicant after the funding recommendation has been acted on by the arts commission. B. "Appeals process" means …

The name of the organization shall be the New Mexico arts commission, hereinafter referred to as "commission." The commission shall function according to Section 18-5-5 NMSA 1978 as an advisory body to New Mexico arts, herein after referred to as "NMA or New Mexico arts".