New Mexico Administrative Code
Title 4 - CULTURAL RESOURCES
Chapter 10 - CULTURAL PROPERTIES AND HISTORIC PRESERVATION
Part 12 - IMPLEMENTATION OF THE PREHISTORIC AND HISTORIC SITES PRESERVATION ACT
Section 4.10.12.7 - DEFINITIONS
Current through Register Vol. 35, No. 6, March 26, 2024
A. "Acquisition" is the acquisition of a fee simple interest or of a lesser interest by appropriate mechanism, including but not limited to easement or lease, in a significant prehistoric or historic site.
B. "Stabilization" is the act or process of securing a historic property against natural change, loss or deterioration of the existing fabric.
C. "Restoration" is the act or process of accurately recovering the form and details of a historic property and its setting.
D. "Protection" is the act or process of securing a historic property against change, loss, deterioration, theft, vandalism or other adverse effect caused by a human agent.
E. "Significant prehistoric or historic site" is a historic or prehistoric property, district, site, structure or object listed in the state register of cultural properties or national register of historic places, or property contributing to a historic district, and includes those lands within the boundaries of the property, site or district.
F. "State of New Mexico" is any state agency or political subdivision of the state, including but not limited to cities and counties.
G. "Entity" is any political subdivision of the state.
H. "Corporation" is a nonprofit corporation formally recognized as tax exempt under Section 501(c)3 of the Internal Revenue Code of 1986, whose declared purposes include the investigation, preservation or conservation of significant prehistoric or historic sites.
I. "Division" is the historic preservation division, office of cultural affairs.
J. "Committee" is the cultural properties review committee created by Section 18-6-4 NMSA 1978.
K. "State historic preservation officer" (SHPO) is the state official named in Section 18-6-8 NMSA 1978.
L. "Appropriation" is the authorization and apportionment of funds by federal, state or local statute.
M. "Public funds" are any moneys, financial consideration or direct or indirect financial support from any political subdivision of the state or from any entity acting on behalf of or with the authority of any political subdivision of the state.
N. "Long-term management plan" is a document prepared by a corporation and approved by the division, describing a historic or prehistoric site and creating guidelines, standards and procedures for its restoration, protection, interpretation, operation, maintenance and disposition as more fully set forth in 4.10.12.10 NMAC below.
O. "Use" is an adverse effect on a significant historic or prehistoric site or lands of that site, including but not limited to partial or complete physical alteration or destruction; isolation of the site from its historic setting; the introduction of physical, audible, visual or atmospheric elements that substantially impair the historic character or significance of the site or substantially diminish the aesthetic value of the site; or the acquisition or taking of a historic or prehistoric site resulting in or designed to result in such alteration, destruction, isolation or introduction of elements that may alter the site. Ordinary maintenance or repair, including code work, which makes no visible alteration to the site and results in no substantially loss of the historic fabric; installation or upgrade of services, such as electricity and water, which makes no visible alteration to the site and results in no substantial loss of the historic fabric; or emergency repair or stabilization of a significant site, shall not be considered a use within the scope of this definition.
P. "Program" is a course of action or series of actions supported by public funds.
Q. "Project" is an individual action or segment of a program.
R. "Area of impact" is the entire geographic area or areas within which a program or project may affect a significant historic or prehistoric site or sites.
S. A "prudent alternative" is any alternative not rendered impossible by truly unusual factors present in a particular case, or by costs or community disruption likely to reach extraordinary magnitudes, or attended by unique problems.
T. A "feasible alternative" is an alternative that may be built as a matter of sound engineering.
