New Mexico Administrative Code
Title 19 - NATURAL RESOURCES AND WILDLIFE
Chapter 1 - NATURAL RESOURCES GENERAL PROVISIONS
Part 3 - ADMINISTRATION OF THE NATURAL HERITAGE CONSERVATION ACT
Section 19.1.3.14 - PUBLIC-PRIVATE CONSERVATION PROJECTS
Universal Citation: 19 NM Admin Code 19.1.3.14
Current through Register Vol. 35, No. 18, September 24, 2024
A. Conservation or agricultural easements. Conservation projects that are the joint acquisition of a conservation easement or agricultural easement by a qualified entity and a conservation entity and are funded in part with a grant to a qualified entity shall meet the following requirements.
(1) The qualified entity and
conservation entity shall hold title to the conservation easement or
agricultural easement as cotenants having undivided interests in proportion to
each entity's share of the acquisition.
(2) The conservation entity shall acquire no
less than 10 percent of the easement as a percentage of the appraised easement
value and may do so through cash or in-kind contributions to the total project
value not paid by a qualified entity. If an in-kind contribution, no portion of
that contribution shall be comprised of the portion of a donation by a
landowner for which the landowner has been previously compensated through a
state tax incentive or credit, but nothing in this provision shall diminish the
ability for any landowner to be eligible to apply for any state tax incentive
or credit.
(3) The conservation
entity, as part of the qualified entity's application, shall submit a plan for
the conservation and stewardship of the lands for which the conservation entity
and the qualified entity are responsible. The plan shall comply with the
purposes of the Natural Heritage Conservation Act and shall specifically
identify the entity responsible for ongoing monitoring and
stewardship.
B. Land restoration. When a conservation entity has partnered with a qualified entity on a land restoration project that is funded in part with a grant to a qualified entity, the following requirements apply.
(1) The conservation entity shall provide at
least 10 percent of the cost of the conservation project and may do so, all or
in part, through cash or in-kind contributions to the total project cost not
paid by a qualified entity.
(2) The
qualified entity shall submit a plan for management of the lands for which the
qualified entity and conservation entity are responsible. A conservation entity
partner may prepare the management plan. The management plan shall comply with
the purposes of the Natural Heritage Conservation Act and shall specifically
identify the entity responsible for ongoing management, stewardship and
monitoring.
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