New Mexico Administrative Code › Title 4 - CULTURAL RESOURCES › Chapter 10 - CULTURAL PROPERTIES AND HISTORIC PRESERVATION › Part 18 - STATE REGISTER OF CULTURAL PROPERTIES › Section 4.10.18.8 - NOMINATION AND LISTING IN THE STATE REGISTER

Current through Register Vol. 35, No. 13, July 16, 2024
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.