Current through Register Vol. 35, No. 18, September 24, 2024
A. The
minimum membership and procedural requirements for historic preservation review
commissions for CLGs in New Mexico are detailed below.
(1) The commission shall have at least five
members, all of whom have a demonstrated positive interest, competence or
knowledge in the professions of architecture, historic architecture,
architectural history, archaeology, anthropology, history, historic
preservation, planning, real estate, design, building trades, landscape
architecture, conservation, law, finance or related disciplines to the extent
that these professionals are available in the community. The chief elected
local official shall appoint all commission members.
(2) The commission is encouraged to appoint
two historic preservation review commission members who meet the professional
qualifications standards in appendix A of 36 CFR 61.
(3) Terms of office for commission members
shall be no less than two years and shall be staggered;
(4) Rules of procedure shall be established
and made public;
(5) The commission
shall meet as often as necessary to complete commission responsibilities in a
timely fashion, holding no less than four meetings per year, and the meetings
shall be held at regular intervals, in a public place, advertised in advance
and open to the public; notices of each public meeting shall be mailed to the
HPD in advance.
(6) Commission
decisions shall be made in a public forum and applicants shall be notified of
meetings and advised of decisions.
(7) Written minutes, detailing, at a minimum,
the actions and decisions of the commission, and reasons for such actions or
decisions, shall be made available for public inspection except when
confidentiality of site location is required pursuant to Section
18-6-11
NMSA 1978 and the Archaeological Resources Protection Act,
16 U.S.C.
470 hh.
(8) An annual report of its activities shall
be provided to the SHPO as detailed at Section 4.10.10.16 NMAC below.
(9) Vacancies on the commission shall be
filled within 90 calendar days, unless an extension is requested.
B. Duties of the historic
preservation review commissions shall include, at a minimum, the following:
(1) conducting or causing to be conducted a
continuing survey of cultural properties in the community according to
guidelines established by the HPD;
(2) making recommendations for designation of
local landmarks and historic districts to the appropriate local governing
body;
(3) establishing and using
written guidelines for the conservation of designated local landmarks and
historic districts and cultural properties of historic and prehistoric
significance in decisions on requests for permits for alterations, demolition
or additions to listed landmarks and buildings within historic
districts;
(4) acting in an
advisory role to other officials and departments of local government regarding
the protection of local cultural properties;
(5) acting as a liaison on behalf of the
local government to individuals and organizations concerned with historic
preservation; and
(6) working
toward the continuing education of citizens within the CLG's jurisdiction
regarding historic preservation issues and concerns.
C. Each commission is required to set aside
at least one regular meeting for informational or educational purposes per
year, to be attended by HPD staff, pertaining to the work and functions of the
commission or to historic preservation.
D. The CLG historic preservation review
commission, in addition to the above stated duties, reviews all proposed
national register nominations for properties within the boundaries of the CLG's
jurisdiction. When a commission reviews a nomination or other action that will
impact properties within the boundaries and such reviews are normally evaluated
by a professional in a specific discipline which is not represented on the
commission, the commission shall seek expertise in this area before rendering
its decision.
E. Pursuant to
chapter 3 of the grants manual, historic preservation review commission members
shall not engage in activities that would appear to conflict with the fair,
impartial and objective performance of commission responsibilities.
