New Mexico Administrative Code
Title 4 - CULTURAL RESOURCES
Chapter 10 - CULTURAL PROPERTIES AND HISTORIC PRESERVATION
Part 10 - CERTIFIED LOCAL GOVERNMENT PROGRAM
Section 4.10.10.10 - MINIMUM REQUIREMENTS FOR LOCAL LEGISLATION

Universal Citation: 4 NM Admin Code 4.10.10.10

Current through Register Vol. 35, No. 6, March 26, 2024

Each CLG shall enact a local preservation ordinance which shall contain, at a minimum, the following provisions for the designation and protection of cultural properties by CLGs in New Mexico:

A. an authorizing statement citing Sections 3-22-1 through 3-22-5 NMSA 1978 of the Historic District and Landmark Act;

B. statement of purpose;

C. definitions;

D. membership and duties of a historic preservation review commission;

E. designation and protection procedures for local landmarks and districts pursuant to Section 3-22-3 NMSA 1978 and the National Historic Preservation Act;

F. criteria for designation of local landmarks and districts pursuant to Section 3-22-3 NMSA 1978 and the National Historic Preservation Act;

G. provisions for holding a public hearing on proposed designations of local landmarks and districts and adequate public notification of such hearing;

H. mandatory review of alterations, demolitions or new construction to listed landmarks and cultural properties within listed historic districts;

I. specific guidelines to be used by the historic preservation review commission including as appropriate the secretary's standards for rehabilitation in 36 CFR 67 and the secretary's standards and guidelines for archaeology and historic preservation, available on the the national park service website at http://www.nps.gov/history/local-law/arch_stnds_0.htm;

J. specific timeframes for reviews and for consideration of alternatives;

K. penalties for noncompliance; and

L. criteria to enforce appropriate state or local legislation related to the preservation of cultural properties of historic and prehistoric significance.

[Additional information on standards for the treatment of historic properties with guidelines for preserving, rehabilitating, restoring and reconstructing buildings is available from the national park service web page at http://www.nps.gov/history/hps/tps/standguide/ [File Link Not Available].]

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