N.M. Admin. Code § 4.10.10.11

Current through Register Vol. 35, No. 21, November 5, 2024

Section 4.10.10.11 - MINIMUM REQUIREMENTS AND DUTIES OF HISTORIC PRESERVATION REVIEW COMMISSIONS

A. The minimum membership and procedural requirements for historic preservation review commissions for CLGs in New Mexico are detailed below.

(1) The commission shall have at least five members, all of whom have a demonstrated positive interest, competence or knowledge in the professions of architecture, historic architecture, architectural history, archaeology, anthropology, history, historic preservation, planning, real estate, design, building trades, landscape architecture, conservation, law, finance or related disciplines to the extent that these professionals are available in the community. The chief elected local official shall appoint all commission members.

(2) The commission is encouraged to appoint two historic preservation review commission members who meet the professional qualifications standards in appendix A of 36 CFR 61.

(3) Terms of office for commission members shall be no less than two years and shall be staggered;

(4) Rules of procedure shall be established and made public;

(5) The commission shall meet as often as necessary to complete commission responsibilities in a timely fashion, holding no less than four meetings per year, and the meetings shall be held at regular intervals, in a public place, advertised in advance and open to the public; notices of each public meeting shall be mailed to the HPD in advance.

(6) Commission decisions shall be made in a public forum and applicants shall be notified of meetings and advised of decisions.

(7) Written minutes, detailing, at a minimum, the actions and decisions of the commission, and reasons for such actions or decisions, shall be made available for public inspection except when confidentiality of site location is required pursuant to Section 18-6-11 NMSA 1978 and the Archaeological Resources Protection Act, 16 U.S.C. 470 hh.

(8) An annual report of its activities shall be provided to the SHPO as detailed at Section 4.10.10.16 NMAC below.

(9) Vacancies on the commission shall be filled within 90 calendar days, unless an extension is requested.

B. Duties of the historic preservation review commissions shall include, at a minimum, the following:

(1) conducting or causing to be conducted a continuing survey of cultural properties in the community according to guidelines established by the HPD;

(2) making recommendations for designation of local landmarks and historic districts to the appropriate local governing body;

(3) establishing and using written guidelines for the conservation of designated local landmarks and historic districts and cultural properties of historic and prehistoric significance in decisions on requests for permits for alterations, demolition or additions to listed landmarks and buildings within historic districts;

(4) acting in an advisory role to other officials and departments of local government regarding the protection of local cultural properties;

(5) acting as a liaison on behalf of the local government to individuals and organizations concerned with historic preservation; and

(6) working toward the continuing education of citizens within the CLG's jurisdiction regarding historic preservation issues and concerns.

C. Each commission is required to set aside at least one regular meeting for informational or educational purposes per year, to be attended by HPD staff, pertaining to the work and functions of the commission or to historic preservation.

D. The CLG historic preservation review commission, in addition to the above stated duties, reviews all proposed national register nominations for properties within the boundaries of the CLG's jurisdiction. When a commission reviews a nomination or other action that will impact properties within the boundaries and such reviews are normally evaluated by a professional in a specific discipline which is not represented on the commission, the commission shall seek expertise in this area before rendering its decision.

E. Pursuant to chapter 3 of the grants manual, historic preservation review commission members shall not engage in activities that would appear to conflict with the fair, impartial and objective performance of commission responsibilities.

N.M. Admin. Code § 4.10.10.11

4.10.10.11 NMAC - Rp, 4 NMAC 10.10.11, 1/1/08