New Mexico Administrative Code
Title 4 - CULTURAL RESOURCES
Chapter 10 - CULTURAL PROPERTIES AND HISTORIC PRESERVATION
Part 10 - CERTIFIED LOCAL GOVERNMENT PROGRAM
Section 4.10.10.17 - PROCESS FOR CERTIFICATION OF LOCAL GOVERNMENTS

Universal Citation: 4 NM Admin Code 4.10.10.17

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

A. The chief elected local official of the appropriate local governing body shall request certification from the HPD. The request shall include:

(1) a written assurance that the local government has fulfilled all of the requirements outlined above;

(2) a copy of the local historic preservation ordinance;

(3) a list and accompanying maps of the areas designated as historic districts or individual landmarks within the local government's jurisdiction;

(4) resumes for each of the members of the historic preservation review commission; and

(5) a written provision that the local government will provide for a consultant who meets the secretary of interior's professional qualification standards to assist the commission, if needed.

B. The SHPO shall respond to the chief elected local official within 60 calendar days of receipt of an adequately documented written request. If the SHPO determines that the local government fulfills the requirements for certification, the SHPO will forward the decision to the United States secretary of the interior, or designee. The secretary of the interior has 15 working days from receipt to take exception to the certification. The SHPO shall respond to the local government within 15 working days of the secretary's response.

C. When a local government's certification request has been approved in accordance with this rule, the HPD shall prepare a written certification agreement that lists the specific responsibilities of the local government. The responsibilities shall include the four minimum requirements and duties as outlined in Section 4.10.10.10 NMAC above and shall also include any additional responsibilities required by legislation or any additional duties delegated to all CLGs in New Mexico.

D. The HPD will forward to the secretary a copy of the approved request and the certification agreement. If the secretary does not take exception to the request or the agreement within 15 working days of receipt, the local government shall be regarded as certified.

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