Purpose.
This Section is intended to preserve and enhance the historic, archeological and cultural heritage of Santa Fe County. The section defers to the protections established in state and federal law and in particular the Cultural Properties Act and the Historic Districts and Landmarks Act. It also intends to use established statutory tools available to local governments to provide additional protection beyond that which is provided by the State and federal governments. In particular, this Section intends to utilize, to the greatest extent possible, the County’s inherent police power and zoning authority to provide effective protection for historic and cultural sites that would otherwise go unprotected. This Section also is intended to provide for additional investigation on property proposed for development to determine whether undiscovered historic or cultural properties exist, and if properties are discovered, to provide protection of those properties from development.
Designation of Registered Cultural Properties.
The State of New Mexico, Historic Preservation Division maintains a list of archeological, historic and cultural properties that are deemed worthy of preservation. The list is called the “New Mexico Register of Cultural Properties.” The list also includes properties that have been listed on the National Register of Historic Places of the National Park Service. Whenever in the SLDC reference is made to the list of Registered Cultural Properties, that reference shall refer to the most current list maintained by the State of New Mexico, Department of Cultural Affairs.
Development Affecting a Registered Cultural Property - Required Report.
Development that proposes to remove, demolish, or adversely affect a property listed on the New Mexico Register of Cultural Properties and/or the National Register of Historic Places is not permitted unless the applicant first obtains a beneficial use and value determination pursuant to
§ 4.9.8 Beneficial Use and Value Determination (BUD) of the SLDC. Additionally, a copy of an excavation permit issued pursuant to 4.10.14 New Mexico Administrative Code by the State Cultural Properties Review Committee with approvals from the State Archaeologist and the State Historic Preservation Officer is also required for any mechanical excavation of an archaeological site on private land.
Development that affects in any way a Registered Cultural Property (including any removal or demolishing pursuant to the previous paragraph) is not permitted unless the applicant first submits a report concerning the proposed development for review of the Historic Preservation Office, Historic Preservation Officer. The report shall describe in detail the proposed changes to the Registered Cultural Property in accordance with NMSA 1978, §18-6-8.1 and Section 4.10.7 NMCA. Such a report shall be prepared by a professional qualified under
§ 7.16.8 Professional Qualifications of this Section. The report shall include a complete treatment plan for the Registered Cultural Property, shall contain at least as much information as is listed in Section 4.10.16.14 New Mexico Administrative Code (“Preliminary Reports”) and shall meet the requirements of Section 4.10.7 New Mexico Administrative Code imposing general standards. The treatment plan shall be reviewed by the New Mexico State Historic Preservation Office, Historic Preservation Officer and conditions on the development proposed by the State Historic Preservation Officer may, as appropriate, be incorporated into the development permit.
Any development affecting in any way a Registered Cultural Property requires a conditional use permit.
See
§ 7.16.4 Designation of Archeological Districts.
See
§ 7.16.5 Development Within Areas of High Potential for Discovery of Archeological Resources;Required Investigation, Treatment and Mitigation.
See
§ 7.16.6 Development Within Areas of Medium Potential for Discovery of Archeological Resources,Required Investigation; Treatment and Mitigation.
See
§ 7.16.7 Development Within Areas of Low Potential for Discovery of Archeological Resources,Required Investigation; Treatment and Mitigation.
Professional Qualifications.
Where an investigation called for in this Section requires a qualified professional, that investigation shall be conducted by a professional archeologist, anthropologist or historian qualified and approved by the State of New Mexico Cultural Affairs Division, Historic Preservation and the Administrator.
Unexpected Discoveries.
Any unexpected discoveries of archeological or cultural resources during construction, whether investigated or not pursuant to the SLDC, shall be immediately reported to the Administrator. Absent further instructions from the Administrator, construction activities shall immediately cease. The Applicant shall be responsible for having a person qualified pursuant to this Sconduct an investigation of the site within forty-eight (48) hours to investigate, prepare a report, treat and mitigate the site as necessary and as described in
§ 7.16.5 Development Within Areas of High Potential for Discovery of Archeological Resources;Required Investigation, Treatment and Mitigation. The Administrator may only issue a permit authorizing construction to continue when all the items set forth in
§ 7.1652 through
§ 7.16513 have been accomplished and approved by the Administrator.
Unexpected Discoveries of Human Remains.
An unexpected discovery of human remains invokes duties under Section 18-6-11.2 of the Cultural Properties Act. Any such discovery shall be immediately reported to local law enforcement and the Administrator. All construction activities shall cease until cleared for further work by the Medical Investigator or the State Historic Preservation Office, depending on the nature of the human remains.
Tribal Notification.
Each investigation completed pursuant to this Section shall be treated as a public record except as provided in NMSA 1978, § 18-6-11.1, and mailed to any Tribal government within Santa Fe County that has made a written request of the Administrator for such information.
Excavating an Archaeological Site on Private Land Using Mechanical Excavation Equipment.
Pursuant to NMSA 1978, § 18-6-11 of the Cultural Properties Act, no person shall excavate an archaeological site located on private land in the State with the use of mechanical earthmoving equipment unless the person obtains a permit issued by the State Cultural Properties Review Committee with approvals from the State Archaeologist and the State Historic Preservation Officer. This requirement shall not apply to the private landowner unless the landowner transfers the property with the intent to excavate an archaeological site.
See
§ 7.16: PROTECTION OF HISTORIC AND ARCHAEOLOGICAL RESOURCES.
