New Mexico Administrative Code › Title 4 - CULTURAL RESOURCES › Chapter 10 - CULTURAL PROPERTIES AND HISTORIC PRESERVATION › Part 12 - IMPLEMENTATION OF THE PREHISTORIC AND HISTORIC SITES PRESERVATION ACT › Section 4.10.12.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. "Acquisition" is
				the acquisition of a fee simple interest or of a lesser interest by appropriate
				mechanism, including but not limited to easement or lease, in a significant
				prehistoric or historic site.
B.
				"Stabilization" is the act or process of securing a historic property against
				natural change, loss or deterioration of the existing fabric.
C. "Restoration" is the act or process of
				accurately recovering the form and details of a historic property and its
				setting.
D. "Protection" is the act
				or process of securing a historic property against change, loss, deterioration,
				theft, vandalism or other adverse effect caused by a human agent.
E. "Significant prehistoric or historic site"
				is a historic or prehistoric property, district, site, structure or object
				listed in the state register of cultural properties or national register of
				historic places, or property contributing to a historic district, and includes
				those lands within the boundaries of the property, site or district.
F. "State of New Mexico" is any state agency
				or political subdivision of the state, including but not limited to cities and
				counties.
G. "Entity" is any
				political subdivision of the state.
H. "Corporation" is a nonprofit corporation
				formally recognized as tax exempt under Section 501(c)3 of the Internal Revenue
				Code of 1986, whose declared purposes include the investigation, preservation
				or conservation of significant prehistoric or historic sites.
I. "Division" is the historic preservation
				division, office of cultural affairs.
J. "Committee" is the cultural properties
				review committee created by Section
				18-6-4
				NMSA 1978.
K. "State historic
				preservation officer" (SHPO) is the state official named in Section
				18-6-8
				NMSA 1978.
L. "Appropriation" is
				the authorization and apportionment of funds by federal, state or local
				statute.
M. "Public funds" are any
				moneys, financial consideration or direct or indirect financial support from
				any political subdivision of the state or from any entity acting on behalf of
				or with the authority of any political subdivision of the state.
N. "Long-term management plan" is a document
				prepared by a corporation and approved by the division, describing a historic
				or prehistoric site and creating guidelines, standards and procedures for its
				restoration, protection, interpretation, operation, maintenance and disposition
				as more fully set forth in 4.10.12.10 NMAC below.
O. "Use" is an adverse effect on a
				significant historic or prehistoric site or lands of that site, including but
				not limited to partial or complete physical alteration or destruction;
				isolation of the site from its historic setting; the introduction of physical,
				audible, visual or atmospheric elements that substantially impair the historic
				character or significance of the site or substantially diminish the aesthetic
				value of the site; or the acquisition or taking of a historic or prehistoric
				site resulting in or designed to result in such alteration, destruction,
				isolation or introduction of elements that may alter the site. Ordinary
				maintenance or repair, including code work, which makes no visible alteration
				to the site and results in no substantially loss of the historic fabric;
				installation or upgrade of services, such as electricity and water, which makes
				no visible alteration to the site and results in no substantial loss of the
				historic fabric; or emergency repair or stabilization of a significant site,
				shall not be considered a use within the scope of this definition.
P. "Program" is a course of action or series
				of actions supported by public funds.
Q. "Project" is an individual action or
				segment of a program.
R. "Area of
				impact" is the entire geographic area or areas within which a program or
				project may affect a significant historic or prehistoric site or
				sites.
S. A "prudent alternative"
				is any alternative not rendered impossible by truly unusual factors present in
				a particular case, or by costs or community disruption likely to reach
				extraordinary magnitudes, or attended by unique problems.
T. A "feasible alternative" is an alternative
				that may be built as a matter of sound engineering.