reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 4 - CULTURAL RESOURCES › Chapter 10 - CULTURAL PROPERTIES AND HISTORIC PRESERVATION › Part 6 - SELECTION AND PREPARATION OF TEXT FOR OFFICIAL SCENIC HISTORIC MARKERS › Section 4.10.6.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The purpose of this regulation is to establish a procedure
				  for the preparation and selection of text for the official scenic historic
				  markers.
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 4.10.7.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
Cultural Properties Review Committee. Contact State Historic
				  Preservation Division, Office of Cultural Affairs.
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 4.10.7.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
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.
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 4.10.7.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
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 integrity of those properties; and pursuant to Section 5, Chapter
				  10, Laws of 1986 (Section
				  18-6-8.1
				  NMSA 1978), as follows: Section
				  18-6-8.1.
				  Review Of Proposed State Undertakings. The historic preservation division of
				  the office of cultural affairs shall periodically furnish copies of the
				  official register, or relevant sections of the official register, to state
				  agencies and departments and shall periodically advise state agencies and
				  departments of the status of the division's program of cultural property
				  identification and registration. The head of any state agency or department
				  having direct or indirect jurisdiction over any land or structure modification
				  which may affect a registered cultural property shall afford the state historic
				  preservation officer a reasonable and timely opportunity to participate in
				  planning such undertaking so as to preserve and protect, and to avoid or
				  minimize adverse effects on, registered cultural properties.
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 4.10.7.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
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 words or paragraph, above, are no longer applicable.
					 Later dates are now cited only at the end of sections, in the history notes
					 appearing in brackets.
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 4.10.7.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
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
				  preservation officer during planning of such undertaking so as to preserve and
				  protect, and to avoid or minimize adverse effects on such registered cultural
				  property. Section
				  18-6-8.1
				  NMSA 1978 authorizes and requires cooperation among state agencies in the
				  identification and protection of significant cultural properties, furthering
				  but not limited by the provisions of the National Historic Preservation Act of
				  1966, as amended.
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 4.10.7.8 - DISSEMINATION OF REGISTER

Current through Register Vol. 35, No. 13, July 16, 2024
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 which may affect
				  any registered cultural property.
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 4.10.7.9 - REVIEW PROCEDURES

Current through Register Vol. 35, No. 13, July 16, 2024
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 head learns or is informed of the
				proposal, the agency will furnish the following information to the state
				historic preservation officer:
(1) A USGS 7.5
				minute quad, or equivalent quality map, showing the exact location of all
				sites, structures or areas to be affected by this project. If the project is
				located within a historic district, affected sites, structures or areas
				affected must be indicated on a map showing the boundaries of the
				district.
(2) If existing
				structures are involved, photographs or snapshots of each structure to be
				affected by the project. Photographs may be either black and white or color and
				may be polaroid but must be of quality sufficient to make examination of the
				overall structure, siting and architectural details of each structure
				possible.
(3) If new construction
				is involved, a description of the current condition of the project site, that
				is: Is the site farm land, grazing land, a graded lot, an existing street or
				right-of-way, etc.? If the previous uses of the site or sites is known, this
				information must be provided.
(4)
				Preliminary statement of alternatives and planning documents.
(5) Estimate of cost of the proposed land or
				structure modification.
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 4.10.7.10 - DETERMINATION

Current through Register Vol. 35, No. 13, July 16, 2024
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 preference.
				  The agency head will bear the burden of proving that the preferable
				  determination is neither prudent nor feasible.
A. The agency head and state historic
				preservation officer may determine that a property or site shall be preserved,
				protected, rehabilitated, restored or avoided. Such determination shall be
				confirmed in writing by both parties. The agency head will provide detailed
				specifications for such preservation, protection, rehabilitation, restoration
				or avoidance to the state historic preservation officer for his
				concurrence.
B. The agency head and
				state historic preservation officer may determine that feasible preservation of
				any structure or site will require its modification, adaptation or alteration
				to meet a contemporary use and to provide a reasonable return. Such
				determination shall be confirmed in writing by both parties. The agency head
				will provide detailed specifications for such modification, adaptation, or
				alteration to the state historic preservation officer for his concurrence at
				the earliest planning stage and periodically throughout the project.
C. The agency head and state historic
				preservation officer may determine that preservation of any structure or site
				will deprive the owner of a reasonable return on, or reasonable use of, the
				property, and on the basis of such determination may concur that the property
				shall be demolished or moved. Such determination will be confirmed in writing
				by both parties. In such case, the state historic preservation officer will
				request that the property or site be documented with as-built drawings, maps
				and photographs or other documentation consistent with contemporary
				professional standards, and will provide detailed specifications for such
				documentation.
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 4.10.7.11 - GENERAL STANDARDS FOR PRESERVATION, PROTECTION, REHABILITATION OR RESTORATION

Current through Register Vol. 35, No. 13, July 16, 2024
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) Deteriorated
				architectural features shall be repaired rather than replaced, wherever
				possible. In the event replacement is necessary, the new material shall match
				the material being replaced in composition, design, color, texture, and other
				visual qualities. Repair or replacement of missing architectural features shall
				be based on accurate duplications of features, substantiated by historical,
				physical or pictorial evidence.
(3)
				Missing elements shall be replaced in the exact form in which they appeared at
				the period of time represented, provided photographic or documented information
				is available, using like materials and methods or a substitute authorized by
				the state historic preservation officer.
(4) Structural stability shall be maintained
				or re-established without essentially changing the existing form.
(5) The surface cleaning of structures shall
				be undertaken only when necessary, and then only with extreme caution.
				Sandblasting and other cleaning methods that will damage the historic building
				materials shall not be undertaken.
(6) Every reasonable effort shall be made to
				provide a use for a property that requires minimal alteration of the building,
				structure or site and its environment or, if this is not feasible, to use a
				property for its originally intended purpose.
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 4.10.7.12 - GENERAL STANDARDS FOR MODIFICATION, ADAPTATION OR ALTERATION

Current through Register Vol. 35, No. 13, July 16, 2024
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 environment will not be
				destroyed. The removal or alteration of any historic material or distinctive
				architectural feature will be avoided when possible. Any historic feature that
				is removed will be recorded and, if possible, stored for future study or
				reuse.
(3) All buildings,
				structures and sites shall be recognized as products of their own time.
				Alterations which have no historical basis and which seek to create a false
				sense of the historical development of a structure are discouraged.
(4) Changes which may have taken place in the
				course of time are evidence of the history and development of a building,
				structure or site and its environment. These changes may have acquired
				significance in their own right. Such significance must be recognized and
				respected.
(5) Distinctive
				stylistic features or examples of skilled craftsmanship which characterize a
				building, structure or site must be treated with sensitivity.
(6) Contemporary alterations or additions may
				be permissible if they do not destroy significant historical, architectural or
				cultural material. They shall be compatible in size, scale, color and material;
				or in rare cases may sympathetically contrast with the older work. It is
				desirable that contemporary additions and alterations express their own time
				and not copy the details nor style of the historic property.
(7) Whenever possible, alterations or
				additions will be accomplished so that if removed in the future, the integrity
				of the original structure is essentially unchanged.
(8) Changes necessary to conform with local
				codes will be incorporated, if required by a building inspector. The uniform
				building code, adopted by the state of New Mexico, provides for variances from
				code standards for historic structures. Such changes shall be made in a manner
				which alters the existing appearance of the structure as little as possible and
				otherwise conforms to standards of the cultural properties review
				committee.
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 4.10.7.13 - GENERAL STANDARDS FOR NEW CONSTRUCTION OR DEMOLITION

Current through Register Vol. 35, No. 13, July 16, 2024
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 harmonious with the existing
				building, but shall avoid literal reproduction of specific architectural
				details.
(2) The new building must
				be so located that the integrity and clarity of the historic site is not
				compromised. The functional demands of automobile and pedestrian circulation,
				the visibility required for control and protection of the site, the
				preservation of natural terrain and vegetation, must be solved in such a way
				that the values of the site are not diminished.
(3) Total reconstruction or relocation will
				not be attempted except when, in the view of the state historic preservation
				officer, such undesirable procedures are the only means of preserving some of
				the values of extremely rare sites.
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 4.10.7.14 - APPEAL

Current through Register Vol. 35, No. 13, July 16, 2024
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 cultural properties review
				  committee with a statement of the case in appropriate detail. Such appeal shall
				  be made not less than 30 days before a scheduled committee meeting. The
				  committee shall hear the case in a regular public meeting and shall have
				  authority (1) to request further information, (2) to accept the determination
				  of the state agency or of the state historic preservation officer, or (3) to
				  specify another solution consistent with its established and written standards.
				  Appeal to the cultural properties review committee shall be the final
				  administrative appeal in any case.
New Mexico Administrative Code › Title 4 - CULTURAL RESOURCES › Chapter 10 - CULTURAL PROPERTIES AND HISTORIC PRESERVATION › Part 8 - PERMITS TO CONDUCT ARCHAEOLOGICAL INVESTIGATIONS ON STATE LAND › Section 4.10.8.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
Cultural Properties Review Committee. Contact State Historic
				  Preservation Division, Department of Cultural Affairs.
New Mexico Administrative Code › Title 4 - CULTURAL RESOURCES › Chapter 10 - CULTURAL PROPERTIES AND HISTORIC PRESERVATION › Part 8 - PERMITS TO CONDUCT ARCHAEOLOGICAL INVESTIGATIONS ON STATE LAND › Section 4.10.8.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
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.
New Mexico Administrative Code › Title 4 - CULTURAL RESOURCES › Chapter 10 - CULTURAL PROPERTIES AND HISTORIC PRESERVATION › Part 8 - PERMITS TO CONDUCT ARCHAEOLOGICAL INVESTIGATIONS ON STATE LAND › Section 4.10.8.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Subsection O of Section
				  18-6-5
				  (NMSA 1978) of the Cultural Properties Act.
New Mexico Administrative Code › Title 4 - CULTURAL RESOURCES › Chapter 10 - CULTURAL PROPERTIES AND HISTORIC PRESERVATION › Part 8 - PERMITS TO CONDUCT ARCHAEOLOGICAL INVESTIGATIONS ON STATE LAND › Section 4.10.8.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
January 16, 2019 unless a later date is cited at the end of a
				  section.
New Mexico Administrative Code › Title 4 - CULTURAL RESOURCES › Chapter 10 - CULTURAL PROPERTIES AND HISTORIC PRESERVATION › Part 8 - PERMITS TO CONDUCT ARCHAEOLOGICAL INVESTIGATIONS ON STATE LAND › Section 4.10.8.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
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.
New Mexico Administrative Code › Title 4 - CULTURAL RESOURCES › Chapter 10 - CULTURAL PROPERTIES AND HISTORIC PRESERVATION › Part 8 - PERMITS TO CONDUCT ARCHAEOLOGICAL INVESTIGATIONS ON STATE LAND › Section 4.10.8.8 - ARCHAEOLOGICAL INVESTIGATIONS UNDER A GENERAL PERMIT

Current through Register Vol. 35, No. 13, July 16, 2024
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 monitoring. The applicant indicates on the application form the
				  type or types of archaeological investigations requested at the time of the
				  application. Archaeological investigations conducted under a general permit on
				  state trust land are limited to investigations conducted under contract to an
				  individual, organization or company undertaking exploration, construction,
				  development or other ground-disturbing activities authorized by rights of way,
				  easements, leases or other written permission to enter state trust land issued
				  by the commissioner of public lands.
A.
Survey.
Surveys may be conducted under a general permit when
				applicants propose to identify, record, evaluate and interpret cultural
				resources and relocate, update records and evaluate previously identified
				cultural resources in accordance with the standards for survey in 4.10.15
				NMAC.
B.
Test
				excavation.
Test excavation may be conducted under a general permit when
				the applicant proposes to implement the test excavations in accordance with a
				test excavation plan approved by HPD and the state agency archaeologist, if
				applicable, and prepared in conformance with 4.10.16 NMAC.
C.
Monitoring.
Monitoring may be
				conducted under a general permit when applicants propose to:
(1) supervise implementation of site
				avoidance or protection measures pursuant to 4.10.17 NMAC; or
(2) oversee land-disturbing projects though a
				site or area of historic and scientific interest following a monitoring plan
				approved by HPD and the state agency archaeologist, if applicable, and prepared
				in conformance with 4.10.17 NMAC.
New Mexico Administrative Code › Title 4 - CULTURAL RESOURCES › Chapter 10 - CULTURAL PROPERTIES AND HISTORIC PRESERVATION › Part 8 - PERMITS TO CONDUCT ARCHAEOLOGICAL INVESTIGATIONS ON STATE LAND › Section 4.10.8.9 - GENERAL PERMIT APPLICATION

Current through Register Vol. 35, No. 13, July 16, 2024
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 described in
				  this section and on the application form and maintain current agreements with
				  ARMS and MIAC.
A. A general permit
				application for archaeological investigations on state land shall include the
				following information:
(1) applicant name,
				mailing address, telephone number and email address;
(2) the type(s) of archaeological
				investigations proposed to be performed under the permit (survey, test
				excavations, monitoring, or any combination thereof);
(3) a staff roster indicating the following
				information:
(a) individuals currently listed
				in the SHPO directory that the applicant proposes to use in a supervisory
				capacity such as principal investigator, project director, supervisory
				archaeologist, and historic archaeologist during permitted archaeological
				investigations;
(b) other staff,
				such as crew members and laboratory personnel, cultural anthropologists,
				historians and other historic preservation specialists;
(4) individuals who are not in the SHPO
				directory shall submit SHPO directory application forms, curriculum vitae,
				charts of experience and official transcripts or notarized diplomas;
(5) continuing education credit documentation
				and updated curriculum vitae for individuals on the staff roster who are listed
				in the SHPO directory and who elect to report their continuing education
				credits along with their principal employer's permit (see Subsection B of
				4.10.8.15
				NMAC); and
(6) applicant's
				signature, title and date, which may be submitted with original signature or
				signature transmitted by facsimile; or a scanned applications with the original
				signature transmitted by virtue of the submission of the application, the
				applicant certifies agreement to abide by all the rules, terms and conditions
				of the permit.
New Mexico Administrative Code › Title 4 - CULTURAL RESOURCES › Chapter 10 - CULTURAL PROPERTIES AND HISTORIC PRESERVATION › Part 8 - PERMITS TO CONDUCT ARCHAEOLOGICAL INVESTIGATIONS ON STATE LAND › Section 4.10.8.10 - ARCHAEOLOGICAL INVESTIGATIONS UNDER A PROJECT-SPECIFIC PERMIT

Current through Register Vol. 35, No. 13, July 16, 2024
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. The
				  applicant indicates on the project-specific application form the type or types
				  of archaeological investigations proposed and submits a research design or
				  monitoring plan approved by the state agency archaeologist or HPD, as
				  applicable, and prepared in conformance with 4.10.15 NMAC, 4.10.16 NMAC, or
				  4.10.17 NMAC, as appropriate.
A.
Survey.
Project-specific permits are required for applicants who
				propose to:
(1) conduct sample, thematic or
				other research surveys;
(2)
				substitute alternate field methods for the standards in 4.10.15 NMAC;
				or
(3) perform surveys of state
				trust land undertaken independent of an activity authorized by rights-of-way,
				easements, leases or other authority to enter state trust land.
New Mexico Administrative Code › Title 4 - CULTURAL RESOURCES › Chapter 10 - CULTURAL PROPERTIES AND HISTORIC PRESERVATION › Part 8 - PERMITS TO CONDUCT ARCHAEOLOGICAL INVESTIGATIONS ON STATE LAND › Section 4.10.8.11 - PROJECT-SPECIFIC PERMIT APPLICATION

Current through Register Vol. 35, No. 13, July 16, 2024
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 requires a
				  separate project-specific permit.
A.
				The project-specific permit application shall include the following
				information:
(1) applicant name, mailing
				address, telephone number and email address;
(2) the type(s) of archaeological
				investigations requested (sample, thematic or other surveys, test excavation,
				excavation, monitoring, or any combination thereof);
(3) a staff roster indicating the following
				information:
(a) supervisory personnel who
				will be acting or expected to act in the capacity of principal investigator,
				project director, supervisory archaeologist, or biological archaeologist during
				permitted archaeological investigations and who are listed in the SHPO
				directory;
(b) other staff, such as
				crew members and laboratory personnel, cultural anthropologists, historians and
				other historic preservation specialists; and
(4) individuals who are not listed in the
				SHPO directory that the applicant proposes to employ in a supervisory capacity
				during the permitted archaeological investigations along with SHPO directory
				application forms, curriculum vitae, charts of experience and official
				transcripts or notarized diplomas; and
(5) the applicant's signature, title and
				date, which may be submitted with original signature, or signature transmitted
				by facsimile, or a scanned application with the original signature transmitted
				by electronic mail; by virtue of the submission of the application, the
				applicant certifies agreement to abide by all the rules, terms and conditions
				of the permit.
New Mexico Administrative Code › Title 4 - CULTURAL RESOURCES › Chapter 10 - CULTURAL PROPERTIES AND HISTORIC PRESERVATION › Part 8 - PERMITS TO CONDUCT ARCHAEOLOGICAL INVESTIGATIONS ON STATE LAND › Section 4.10.8.14 - SHPO DIRECTORY

Current through Register Vol. 35, No. 13, July 16, 2024
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 historian,
				  historic architect, historic landscape architect, historian, or cultural
				  anthropologist, or who meet the SOI standards in another historic preservation
				  discipline. The CPRC reviews the SHPO directory application form and materials
				  specified in this section to determine whether an applicant meets the standards
				  in
				  4.10.8.13
				  NMAC.
A. In order to be listed in the
				SHPO directory, individuals shall submit a SHPO directory application form,
				curriculum vitae, chart of experience for archaeological, cultural anthropology
				and historic architecture positions, transcripts or copy of diploma, and work
				samples as specified below to HPD. A chart is not required for all disciplines
				but shall be prepared to supplement an application when requested by the CPRC.
(1)
SHPO Directory Application form.
The applicant shall complete a SHPO directory application form for each
				discipline for which an individual requests listing. The application form can
				be downloaded from HPD's website or obtained from HPD upon request and shall
				include but not be limited to the following information:
(a) applicant name, address and telephone
				number, email;
(b) employer name,
				employer address, employer phone number, employer email;
(c) highest degree obtained, field of study,
				institution, year of degree;
(d)
				license number and date of New Mexico architectural license for historic
				architects;
(e) for archaeology,
				the position for which the applicant is applying;
(f) number of years full-time professional
				experience
(g) number months of New
				Mexico experience; and
(h) short
				statement of qualifications ;
(i)
				signature.
The applicant shall certify that the information contained in
				  the application form is true and complete through an original signature on the
				  application submitted by mail, an application with original signature
				  transmitted by fax or a scanned application with the original signature
				  transmitted by email. Applications lacking a signature shall be considered
				  incomplete.
New Mexico Administrative Code › Title 4 - CULTURAL RESOURCES › Chapter 10 - CULTURAL PROPERTIES AND HISTORIC PRESERVATION › Part 8 - PERMITS TO CONDUCT ARCHAEOLOGICAL INVESTIGATIONS ON STATE LAND › Section 4.10.8.19 - CURATION OF COLLECTIONS AND RECORDS

Current through Register Vol. 35, No. 13, July 16, 2024
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
				  consistent with this section.
A.
Collections.
Title to all material remains recovered from state
				land is held by the state of New Mexico unless the material remains are
				recovered from state trust land. The commissioner of public lands holds title
				in trust to all material remains located on state trust lands for the
				designated beneficiaries of the land.
(1) The
				museum of New Mexico is the custodian of material remains and associated
				records and documents recovered as a result of archaeological investigations on
				state land unless the CPRC designates another institution as the alternate,
				approved collection repository in consultation with the museum.
(2) The MIAC serves as the repository for the
				museum of New Mexico. If the applicant proposes another repository, the
				applicant shall append a copy of the curation agreement with that facility to
				the application along with an explanation of the purpose of using a facility
				other than MIAC as a repository. This request shall be reviewed by the CPRC and
				if approved by the CPRC and the commissioner of public lands if state trust
				lands are involved, shall be specified in writing on the permit as a
				stipulation.
(3) The commissioner
				has designated the museum of New Mexico as the custodian of all material
				remains found on lands under the jurisdiction of the state land office unless
				the CPRC and the commissioner of public lands approves another institution as
				the collections repository.
(4) In
				order to qualify as a custodian of material remains and associated records and
				documents, the repository shall meet the U.S. secretary of interior standards
				in 36 CFR 79.
(5) If an alternate
				approved collection repository with material remains and associated records
				from state land ceases to exist, the material remains and associated records
				shall be delivered to the MIAC for curation.
(6) All material remains and records
				pertaining to the collections to be received by the MIAC or an alternate
				approved repository shall be submitted in accordance with the conditions
				stipulated by the permittee's current curation agreement with that facility. If
				the collections are not submitted in accordance with the curation agreement or
				an account is in arrears with the repository, the repository may notify the
				CPRC. This failure shall be documented as unacceptable performance pursuant to
				4.10.8.21
				NMAC.
New Mexico Administrative Code › Title 4 - CULTURAL RESOURCES › Chapter 10 - CULTURAL PROPERTIES AND HISTORIC PRESERVATION › Part 8 - PERMITS TO CONDUCT ARCHAEOLOGICAL INVESTIGATIONS ON STATE LAND › Section 4.10.8.20 - UNANTICIPATED DISCOVERIES

Current through Register Vol. 35, No. 13, July 16, 2024
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 the
				  discovery shall immediately cease and a buffer of at least 50 feet shall be
				  established around the discovery. The state agency shall notify HPD within 24
				  hours of the discovery.
A. The agency,
				in consultation with HPD, shall evaluate the property's significance and
				determine appropriate actions to avoid the cultural property or recover
				significant information.
(1) If the discovery
				is in an area covered under a current permit that authorizes excavation of
				similar types of cultural properties, the discovery may be treated in
				accordance with the standards and methods outlined in the research design for
				the permit and the results shall either be included in the report for the
				permitted activity as an addendum to the report or as a separate
				report.
(2) For all other
				discoveries the state agency may request that a permittee with a valid general
				permit that authorizes test excavation develop a plan to protect or minimize
				damage to the discoveries or to excavate the features or cultural deposits that
				will be affected by the construction. Plans proposing excavation shall be
				consistent with the excavation standards in 4.10.16 NMAC and appropriate to the
				scale and complexity of the discoveries. Alternatively, the state agency may
				request that a qualified institution submit a project-specific excavation
				permit application and research design to HPD pursuant to Section
				4.10.8.11
				NMAC.
New Mexico Administrative Code › Title 4 - CULTURAL RESOURCES › Chapter 10 - CULTURAL PROPERTIES AND HISTORIC PRESERVATION › Part 8 - PERMITS TO CONDUCT ARCHAEOLOGICAL INVESTIGATIONS ON STATE LAND › Section 4.10.8.22 - PROBATION

Current through Register Vol. 35, No. 13, July 16, 2024
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 continue to work on state land
				but the permittee's name shall be removed from the list of permittees
				maintained by HPD while on probation.
B. The CPRC, state archaeologist and the SHPO
				shall evaluate the performance of the permittee closely during the time the
				permit is in effect and document performance accurately through site recording,
				mapping, photography and written reports of observations. Documentation of
				performance monitoring shall be entered into the permittee's permanent file and
				may be taken into account by the CPRC when considering whether to issue permits
				to that permittee in the future.
C.
				The state agency archaeologist may assist in evaluating the performance of the
				permittee and provide documentation to the CPRC for consideration.
D. Following expiration of the probationary
				period and based upon performance during that period, a new permit or a new
				probationary period may be issued.
New Mexico Administrative Code › Title 4 - CULTURAL RESOURCES › Chapter 10 - CULTURAL PROPERTIES AND HISTORIC PRESERVATION › Part 8 - PERMITS TO CONDUCT ARCHAEOLOGICAL INVESTIGATIONS ON STATE LAND › Section 4.10.8.23 - DENIAL OF A PERMIT BASED ON PERFORMANCE

Current through Register Vol. 35, No. 13, July 16, 2024
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 on probation;
(3) failure of the applicant to obtain the
				necessary permits or approvals for archaeological investigations on state
				land;
(4) documentation of the
				applicant's work on state land while on probation;
(5) failure of the applicant to comply with
				applicable rules or additional stipulations set forth on the permit,
				or
(6) falsification by the
				applicant of information pertaining to qualifications or performance.
New Mexico Administrative Code › Title 4 - CULTURAL RESOURCES › Chapter 10 - CULTURAL PROPERTIES AND HISTORIC PRESERVATION › Part 8 - PERMITS TO CONDUCT ARCHAEOLOGICAL INVESTIGATIONS ON STATE LAND › Section 4.10.8.24 - PROCEDURES FOR APPEALING A DECISION

Current through Register Vol. 35, No. 13, July 16, 2024
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 requesting an appeal and contain any
				additional information that the applicant believes will support the
				appeal.
B. Upon receipt of a
				written request for a hearing, the chairman of the CPRC shall convene the CPRC
				as the hearing panel.
C. Within two
				weeks of receipt of a written request for a hearing, HPD shall inform the
				applicant in writing of the date, time and place of the hearing at which the
				appeal will be heard. The notice of public hearing shall be published pursuant
				to Section
				9-4A-6
				NMSA 1978 of the Cultural Affairs Department Act.
(1) The chairman of the CPRC or his designee
				shall serve as the chair of the hearing panel. Hearings will be conducted in
				accordance with the committee's rules of procedure.
(2) The state archaeologist and the SHPO may
				provide testimony at the hearing. A written record shall be kept of the
				proceedings.
New Mexico Administrative Code › Title 4 - CULTURAL RESOURCES › Chapter 10 - CULTURAL PROPERTIES AND HISTORIC PRESERVATION › Part 8 - PERMITS TO CONDUCT ARCHAEOLOGICAL INVESTIGATIONS ON STATE LAND › Section 4.10.8.25 - DEVIATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
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, intent and
				  objective of this rule and the Cultural Properties Act.
New Mexico Administrative Code › Title 4 - CULTURAL RESOURCES › Chapter 10 - CULTURAL PROPERTIES AND HISTORIC PRESERVATION › Part 8 - PERMITS TO CONDUCT ARCHAEOLOGICAL INVESTIGATIONS ON STATE LAND › Section 4.10.8.26 - DEVIATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
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, intent and
				  objective of this rule and the Cultural Properties Act.
New Mexico Administrative Code › Title 4 - CULTURAL RESOURCES › Chapter 10 - CULTURAL PROPERTIES AND HISTORIC PRESERVATION › Part 9 - CREDIT TO STATE INCOME TAX FOR APPROVED RESTORATION, REHABILITATION OR PRESERVATION OF REGISTERED CULTURAL PROPERTIES › Section 4.10.9.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
Cultural Properties Review Committee. Contact State Historic
				  Preservation Division, Office of Cultural Affairs.
New Mexico Administrative Code › Title 4 - CULTURAL RESOURCES › Chapter 10 - CULTURAL PROPERTIES AND HISTORIC PRESERVATION › Part 9 - CREDIT TO STATE INCOME TAX FOR APPROVED RESTORATION, REHABILITATION OR PRESERVATION OF REGISTERED CULTURAL PROPERTIES › Section 4.10.9.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
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 taxation
				  and revenue department's authority under Section
				  9-11-6
				  NMSA 1978 (1994 Repl. Pamp.) (Subsections A through D of
				  3.3.13.10
				  NMAC).
New Mexico Administrative Code › Title 4 - CULTURAL RESOURCES › Chapter 10 - CULTURAL PROPERTIES AND HISTORIC PRESERVATION › Part 9 - CREDIT TO STATE INCOME TAX FOR APPROVED RESTORATION, REHABILITATION OR PRESERVATION OF REGISTERED CULTURAL PROPERTIES › Section 4.10.9.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
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 implementation of the act.
New Mexico Administrative Code › Title 4 - CULTURAL RESOURCES › Chapter 10 - CULTURAL PROPERTIES AND HISTORIC PRESERVATION › Part 9 - CREDIT TO STATE INCOME TAX FOR APPROVED RESTORATION, REHABILITATION OR PRESERVATION OF REGISTERED CULTURAL PROPERTIES › Section 4.10.9.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
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 words or paragraph, above, are no longer applicable.
					 Later dates are now cited only at the end of sections, in the history notes
					 appearing in brackets.
New Mexico Administrative Code › Title 4 - CULTURAL RESOURCES › Chapter 10 - CULTURAL PROPERTIES AND HISTORIC PRESERVATION › Part 9 - CREDIT TO STATE INCOME TAX FOR APPROVED RESTORATION, REHABILITATION OR PRESERVATION OF REGISTERED CULTURAL PROPERTIES › Section 4.10.9.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
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.
New Mexico Administrative Code › Title 4 - CULTURAL RESOURCES › Chapter 10 - CULTURAL PROPERTIES AND HISTORIC PRESERVATION › Part 9 - CREDIT TO STATE INCOME TAX FOR APPROVED RESTORATION, REHABILITATION OR PRESERVATION OF REGISTERED CULTURAL PROPERTIES › Section 4.10.9.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
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
				act or process of returning a property to a state of utility through repair or
				alteration which makes possible an efficient contemporary use while preserving
				those portions or features of the property which are significant to its
				historical, architectural and cultural values.
C. "Preservation" means the act or process of
				applying measures to sustain the existing form, integrity, and material of a
				building, structure, object, or landscape; or the act or process of providing
				protective maintenance or stabilization of archaeological sites.
D. "Owner" means the sole owner of a
				registered cultural property. In the case of a joint or part ownership, or
				partnership, owners shall claim credit only in proportion to their interest in
				the ownership or partnership. The term "owner" shall include the owner of a
				leasehold interest in a registered cultural property if the term of the lease
				(determined without regard to renewal periods) is at least five
				years.
E. "Project" means a planned
				restoration, rehabilitation, or preservation of a registered cultural property
				that entails a clearly defined scope of work. A project may be as simple as the
				restoration of a single space, such as one room, or element, such as a roof, or
				it may be as complex as the rehabilitation of a multi-story structure or group
				of structures.
F. "Committee" means
				the cultural properties review committee.
G. "Division" means the historic preservation
				division of the office of cultural affairs.
H. "Register" means the New Mexico register
				of cultural properties.
New Mexico Administrative Code › Title 4 - CULTURAL RESOURCES › Chapter 10 - CULTURAL PROPERTIES AND HISTORIC PRESERVATION › Part 9 - CREDIT TO STATE INCOME TAX FOR APPROVED RESTORATION, REHABILITATION OR PRESERVATION OF REGISTERED CULTURAL PROPERTIES › Section 4.10.9.8 - ELIGIBILITY

Current through Register Vol. 35, No. 13, July 16, 2024
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 properties located within the
				boundaries of districts listed on the register and determined to be
				contributing to that district; structures located in uninventoried districts
				shall be certified as contributing or non-contributing by the committee
				according to information supplied in "Application: State Income Tax Credit for
				Registered Cultural Properties, Part 1," and the recommendations of the
				division.