New Mexico Administrative Code
Title 4 - CULTURAL RESOURCES
Chapter 10 - CULTURAL PROPERTIES AND HISTORIC PRESERVATION
Part 18 - STATE REGISTER OF CULTURAL PROPERTIES
Section 4.10.18.14 - REMOVAL OF A PROPERTY FROM THE STATE REGISTER

Universal Citation: 4 NM Admin Code 4.10.18.14

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

The CPRC may remove a registered cultural property from the state register pursuant to Section 18-6-5 when, in the opinion of the CPRC, the property has been altered to such an extent that its integrity has been lost and the values for which it was placed on the register no longer exist.

A. The CPRC shall remove a registered cultural property from the state register if one of the following conditions is met.

(1) The qualities which caused the property to be listed originally have been lost or destroyed.

(2) Renovations, repairs or maintenance to a registered property have resulted in a loss of the historic design characteristics or integrity critical to the property's original registration or are inconsistent with recommendations made by the CPRC pursuant to 4.10.4 NMAC.

(3) Additional information shows that the property does not meet the state register criteria for registration and integrity.

(4) There is an error in professional judgment as to whether the property meets the criteria for registration and integrity.

(5) There is a prejudicial procedural error in the designation process.

B. Any person or organization may submit a request to remove a property from the state register. Documentation supporting a proposal for removal shall be provided to the SHPO. The SHPO shall review the proposal for conformance with this section and shall place the removal proposal on the agenda for the next appropriate CPRC meeting and notify the applicant, the property owners and chief elected local official of the county and municipality at least 30 days prior to the CPRC meeting of the date, time and place of the CPRC meeting where the request is to be considered. The owner and the public will have the right to be heard and present evidence at the CPRC meeting and provide written comments prior to the meeting as set forth in 4.10.18.9 NMAC.

C. The CPRC shall accept, reject or defer the proposal to remove the property from the state register at a CPRC meeting consistent with the process in 4.10.18.8 NMAC. The SHPO will notify the owner of record of the registered cultural property of the CPRC's decision.

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