New Mexico Administrative Code › Title 4 - CULTURAL RESOURCES › Chapter 10 - CULTURAL PROPERTIES AND HISTORIC PRESERVATION › Part 7 - REVIEW OF PROPOSED STATE UNDERTAKINGS THAT MAY AFFECT REGISTERED CULTURAL PROPERTIES › Section 4.10.7.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
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,
				planning or direction of an undertaking or land or structure modification on
				federal, state or private lands by any state agency, entity, board or
				commission.
C. An "effect" is any
				alteration of the registered cultural property's physical characteristics,
				including relevant features of its immediate environment, which may diminish
				the integrity of the property's location, design, setting, materials,
				workmanship or association. "Effects" include, but are not limited to 1)
				physical destruction, damage, or alteration of all or part of the property; 2)
				alteration of the character of the property's surrounding environment where the
				character contributes to the property's eligibility for the state register; 3)
				introduction of visual, audible or atmospheric elements that are out of
				character with the property or alter its setting, and 4) neglect of a property
				resulting in its deterioration or destruction. Effects include those caused by
				the undertaking that occur at the same time and place and those caused by the
				undertaking that are later in time or farther removed in distance, but are
				still reasonably foreseeable.
D.
				"Head of any state agency or department" means the agency head or a designee
				with authority over a specific land or structure modification, including any
				state or local official who has been delegated legal authority over such
				modification.
E. "Indirect
				jurisdiction" is the issuance of any authorization, permit, license, subsidy,
				loan, grant, support or regulation by any state agency, entity, board or
				commission for any land or structure modification on federal, state or private
				lands.
F. "Integrity" means the
				quality or characteristics which made the property eligible for listing in the
				New Mexico register of cultural properties.
G. "Land or structure modification" means any
				change to land or structure other than ordinary maintenance.
H. "Maintenance" means the act or process of
				applying measures which are necessary to maintain the historic integrity and
				structural soundness of a structure, including but not limited to ordinary
				operating maintenance.
I. "Official
				register" means the state register of cultural properties.
J. "Planning" is the preparation, review or
				approval of architects', engineers' or other plans or specifications for any
				state undertaking, or the imposition of any condition on any plan, design or
				proposal for a state undertaking presented for review or approval to a state
				agency, entity, board, or commission by an applicant or consultant to an
				applicant.
K. "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
				stabilization where necessary in the case of archaeological sites.
L. "Registered cultural property" means a
				cultural property which has been placed on the state register of cultural
				properties either individually or as a property listed as significant or
				contributing within a district.
M.
				"Undertaking" is defined with reference to Sections 101, 106 and 110 of the
				National Historic Preservation Act of 1966, as amended, and with further
				reference to
				36 CFR
				800.2 (o), to mean any project, activity or
				program that can result in changes in the character or use of a historic
				property, and is further defined to mean any modification, other than ordinary
				maintenance, under the direct or indirect jurisdiction of a state agency,
				entity, board or commission of any land or structure which is entered in the
				state register of cultural properties or in the immediate vicinity of any such
				registered property. Undertakings include new and continuing projects, programs
				and activities under direct or indirect state jurisdiction on federal, state or
				private lands.