N.M. Code R. § 4.10.18.10 - EFFECTS OF LISTING UNDER STATE LAW
A. The state register is an authoritative
guide to be used by state agencies, local governments, private groups and
citizens to identify the cultural resources important to the state's history
and culture and to indicate which cultural properties should be considered for
protection from destruction or impairment. Listing of private property on the
state register does not abrogate the rights of the property owner. The rights
and responsibilities of owners of a registered cultural property are the same
as those of owners of a nonregistered property. Listing does not prevent the
use, sale or transfer of the property.
B. State agencies, with direct or indirect
jurisdiction over any land or structure modification which may affect a
registered cultural property, shall provide the SHPO a reasonable and timely
opportunity to participate in planning to preserve and protect and to avoid or
minimize adverse effects to registered cultural properties pursuant to 4.10.7
NMAC.
C. State public funds may not
be expended on any program or project that requires the use of any portion of
or any land from a property listed in either the national register of historic
places or state register unless there is no feasible and prudent alternative to
such use and unless the program or project includes all possible planning to
preserve and protect and to minimize harm to the registered cultural property
resulting from such use pursuant to 4.10.12 NMAC.
D. Owners of registered cultural properties
are eligible to participate in the state income tax credit program for the
restoration, rehabilitation or preservation expenses spent on registered
properties pursuant to 4.10.9 NMAC and in the historic preservation loan
program to preserve or rehabilitate the registered cultural property pursuant
to 4.10.2 NMAC.
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