Current through Register Vol. 35, No. 6, March 26, 2024
In 1969, the Cultural Properties Act, NMSA 1978, Sections
18-6-1 to
-17 created an official New Mexico register of cultural properties (official or
state register). The state register is made up of structures, buildings,
places, sites, districts and objects with historic, archaeological, scientific,
architectural or other cultural significance that are examples of the historic
and cultural heritage of New Mexico. Registered cultural properties are of
national, state or local significance and have an inherent value to the people
of New Mexico who have an interest in their preservation, protection and
enhancement.
A. The CPRC reviews
completed New Mexico register nominations and is the sole entity that
determines which properties are worthy of registration and listing in the state
register. The CPRC also reviews national register nominations and recommends to
the SHPO whether the nomination should be forwarded to the keeper of the
national register. When a cultural property is nominated for listing in the
state register and also recommended for listing on the national register at the
same CPRC meeting, an applicant may submit a single nomination on the national
register nomination form for CPRC review.
B. The CPRC's decision to list a cultural
property on the state register is made at an open meeting held pursuant to
4.10.3 NMAC and the CPRC's current open meetings resolution.
C. The New Mexico register nomination form
approved by the CPRC includes the descriptive and analytical information used
by the CPRC to determine whether the cultural property meets the registration
criteria. Blank copies of the nomination form are available from the HPD
offices and downloadable from the HPD website.
D. Any person or organization may submit a
New Mexico register nomination to the SHPO for consideration by the CPRC. The
applicant identified thereon shall be responsible for completing the
nomination.
(1) The SHPO shall not forward any
nomination for review and evaluation by the CPRC if the nomination is
incomplete, does not meet technical or professional standards, or if the SHPO
determines that the property does not meet the criteria specified in this rule.
An incomplete nomination will be returned with an explanation of the
deficiencies that need to be addressed and corrected.
(2) When a New Mexico register nomination is
complete, the SHPO shall:
(a) add the
nomination to the agenda for the next appropriate CPRC meeting;
(b) notify the applicant, the owner, and
chief elected local official, at least 30 days prior to the CPRC meeting, of
the date, time and place where the nomination is to be considered; any person
will have the opportunity to be heard, present evidence and provide written
comments prior to or at the meeting as set forth in 4.10.18.9 NMAC;
and
(c) post the nomination to the
HPD website and make the nomination available at the HPD offices a minimum of
14 days prior to the CPRC meeting; information in the nomination concerning the
location of archaeological sites and similar properties will be redacted from
the nomination made available to the public pursuant to Section
18-6-11.1.
(3) The CPRC shall accept, reject
or defer the nomination based on criteria defined in 4.10.18.11 NMAC. The SHPO
shall notify the applicant, the owner and the chief elected local official of
the CPRC's action on the nomination within 14 days of the meeting.
(a) After the CPRC issues the order,
accepting or rejecting the nomination, SHPO shall post the order and the
nomination to the HPD website and make them available at the HPD offices for a
30-day review period from the date of posting.
(b) The CPRC shall not take any action on the
registration order during the 30-day review period, unless the CPRC votes to
waive the review period if requested by the nominating property owner, as
described in Subparagraph (c) of Paragraph (3) of Subsection D of 4.10.18.8
NMAC or if a petition is filed pursuant to Paragraph (4) of Subsection D of
4.10.18.8 NMAC. Signing of the New Mexico register nomination form by the chair
of the CPRC or his designee constitutes formal registration and listing in the
state register.
(c) Before the CPRC
may vote to waive the 30-day review period, the owner must either file a waiver
request and submit an application to the CPRC to participate in the state
income tax credit program for the restoration, rehabilitation or preservation
of registered cultural properties simultaneously with the nomination and the
CPRC approves the tax credit at the same meeting, or submit an application to
the SHPO to participate in the historic preservation loan fund at the same time
the nomination form is submitted to the CPRC.
(d) Deferred nominations will be forwarded to
the applicant with an explanation of the reasons for deferral and the actions
which must be taken before the nomination can be reconsidered.
(e) Rejected nominations will be forwarded to
the applicant with an explanation of the reasons for the rejection.
(4) The applicant, owner, chief
elected local official or members of the public may petition the CPRC to
reconsider the registration order to accept or reject a nomination for
registration and listing in the state register. The petitioner shall explain
the reason or reasons for the petition and the relief sought from the CPRC.
(a) The petition shall be filed with the SHPO
during the registration order 30-day review period.
(b) The SHPO shall provide written
acknowledgment to petitioner within five business days of receiving the
petition.
(c) The SHPO shall place
the petition on the agenda for the next appropriate CPRC meeting and notify the
petitioner, the owner and chief elected local official, at least 30 days prior
to the CPRC meeting, of the date, time and place of the CPRC meeting where the
petition will be heard.
(d) The
petitioner, the owner, chief elected local official or the public shall 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.
(e) The CPRC shall issue a final registration
order to accept or reject the nomination. This registration order constitutes a
final decision for purposes of initiating any judicial review. The registration
order will be posted to the HPD website and mailed to parties as required.
Pursuant to rule 1-075 NMRA, an aggrieved party may file a petition for writ of
certiorari in the district court within 30 days following the issuance of the
final registration order.
(5) A property in New Mexico listed in the
national register that has not undergone CPRC review shall automatically be
listed in the state register by the SHPO. No further CPRC review is
required.
