New Mexico Administrative Code
Title 4 - CULTURAL RESOURCES
Chapter 10 - CULTURAL PROPERTIES AND HISTORIC PRESERVATION
Part 7 - REVIEW OF PROPOSED STATE UNDERTAKINGS THAT MAY AFFECT REGISTERED CULTURAL PROPERTIES
Section 4.10.7.7 - DEFINITIONS
Current through Register Vol. 35, No. 6, March 26, 2024
A. "Adverse effects" are any modifications to registered cultural properties that may cause changes in character or use, or in the characteristics which made the property eligible to the state register of cultural properties (4.10.7 NMAC).
B. "Direct jurisdiction" is oversight, planning or direction of an undertaking or land or structure modification on federal, state or private lands by any state agency, entity, board or commission.
C. An "effect" is any alteration of the registered cultural property's physical characteristics, including relevant features of its immediate environment, which may diminish the integrity of the property's location, design, setting, materials, workmanship or association. "Effects" include, but are not limited to 1) physical destruction, damage, or alteration of all or part of the property; 2) alteration of the character of the property's surrounding environment where the character contributes to the property's eligibility for the state register; 3) introduction of visual, audible or atmospheric elements that are out of character with the property or alter its setting, and 4) neglect of a property resulting in its deterioration or destruction. Effects include those caused by the undertaking that occur at the same time and place and those caused by the undertaking that are later in time or farther removed in distance, but are still reasonably foreseeable.
D. "Head of any state agency or department" means the agency head or a designee with authority over a specific land or structure modification, including any state or local official who has been delegated legal authority over such modification.
E. "Indirect jurisdiction" is the issuance of any authorization, permit, license, subsidy, loan, grant, support or regulation by any state agency, entity, board or commission for any land or structure modification on federal, state or private lands.
F. "Integrity" means the quality or characteristics which made the property eligible for listing in the New Mexico register of cultural properties.
G. "Land or structure modification" means any change to land or structure other than ordinary maintenance.
H. "Maintenance" means the act or process of applying measures which are necessary to maintain the historic integrity and structural soundness of a structure, including but not limited to ordinary operating maintenance.
I. "Official register" means the state register of cultural properties.
J. "Planning" is the preparation, review or approval of architects', engineers' or other plans or specifications for any state undertaking, or the imposition of any condition on any plan, design or proposal for a state undertaking presented for review or approval to a state agency, entity, board, or commission by an applicant or consultant to an applicant.
K. "Preservation" means the act or process of applying measures to sustain the existing form, integrity, and material of a building or structure, and the existing form and vegetative cover of a site. It may include protective maintenance or stabilization where necessary in the case of archaeological sites.
L. "Registered cultural property" means a cultural property which has been placed on the state register of cultural properties either individually or as a property listed as significant or contributing within a district.
M. "Undertaking" is defined with reference to Sections 101, 106 and 110 of the National Historic Preservation Act of 1966, as amended, and with further reference to 36 CFR 800.2 (o), to mean any project, activity or program that can result in changes in the character or use of a historic property, and is further defined to mean any modification, other than ordinary maintenance, under the direct or indirect jurisdiction of a state agency, entity, board or commission of any land or structure which is entered in the state register of cultural properties or in the immediate vicinity of any such registered property. Undertakings include new and continuing projects, programs and activities under direct or indirect state jurisdiction on federal, state or private lands.
