12-RFP 11 Exhibit C - State of NM CLG Program Manual 2020.pdf

Photographs from CLG communities, Top Row, Left to Right: ABQ Rail Yards, City of Albuquerque; Lincoln, New Mexico; Fort Bayard Historic District, Village of Santa Clara; Middle Row, Left to Right: Morgan Hall, Palace of the Governors, City of Santa Fe; 100 Year Anniversary of the Pancho Villa Raid in Columbus; Bottom Row, Left to Right: Castaneda Hotel, City of Las Vegas; Couse-Sharp Historic Site, Town of Taos; Fuller Lodge, Los Alamos County

STATE OF NEW MEXICO

CERTIFIED LOCAL GOVERNMENT PROGRAM MANUAL

New Mexico State Procedures for the CLG Program • 2020

New Mexico Historic Preservation Division 407 Galisteo Street, Suite 236 Santa Fe, NM 87501 505/827-6320

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STATE OF NEW MEXICO

CERTIFIED LOCAL GOVERNMENT PROGRAM MANUAL

Formerly New Mexico State Procedures for the CLG Program Revised 2020

CONTENTS

Introduction 3

I. The Certified Local Government Program 4

a. What is a Certified Local Government? 4

b. Why Become a CLG? 4

c. Who is Eligible? 5

d. Historic Preservation at the Local Level 5

e. Current CLGs in New Mexico 6

II. How to become a CLG 7

a. Minimum Requirements for Local Legislation 7 Local Registers/Local Designation 8 Design Review by the Commission 10 Review Standards 10

b. Establishing and Maintaining a Historic Preservation Commission 12 Things to Consider When Establishing a Preservation Commission 14

c. Survey and Inventory Program 15

d. Public Participation 16

e. Responsibilities Delegated Under the Act 17

III. Process for Certification 18

IV. Historic Preservation Officer/Consultant 19

V. National Register of Historic Places – CLG Role & Participation 20

VI. State and Federal Compliance Review – CLG Participation 22

VII. Maintaining CLG Status – Monitoring and Reporting 23

VIII. CLG Grants 26

IX. Preservation Planning 30

X. Building a Strong Preservation Network 31

APPENDIX A: Glossary 33

APPENDIX B: CLG Certification Forms 41

APPENDIX C: Historic Preservation Professional Qualifications 47

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INTRODUCTION

This CLG PROGRAM MANUAL, or “Manual,” is designed to support New Mexico communities in developing and maintaining local historic preservation programs in a manner consistent with state and federal laws and regulations. This Manual provides information for communities interested in the Certified Local Government program and includes information about the administration and requirements of the program.

In 1966, Congress passed the National Historic Preservation Act (54 USC 300.101 et seq.) which established preservation as a national priority and created programs that encourage historic preservation at the federal, state, and local levels. The Act established State Historic Preservation Offices in each state. In New Mexico, the program is administered through the Historic Preservation Division, which is the State Historic Preservation Office of New Mexico, and is a division of the Department of Cultural Affairs.

The Historic Preservation Division, or “HPD,” is responsible for the following activities:

• Maintaining a State Historic Preservation Plan.

• Processing nominations for listing cultural resources in the National Register of Historic Places

(NRHP) and the State Register of Cultural Properties (SRCP).

• Coordinating the survey and inventory of cultural resources within the state to evaluate them for

NRHP eligibility.

• Overseeing the State of New Mexico Official Scenic Markers Program.

• Reviewing and making recommendations on applications for the Federal Historic Preservation Tax

Credit program and the State Income Tax Credit program for certified rehabilitation projects.

• Surveying and maintaining an inventory of cultural resources in the New Mexico Cultural Resource

Information System (NMCRIS).

• Reviewing federally-funded, licensed, or permitted projects for their potential impact on cultural resources.

• Reviewing state or municipal-funded projects for their effect on cultural resources.

• Administering the Certified Local Government program.

• Providing technical assistance and guidance to individuals and federal, tribal, state, and local government agencies on historic preservation issues.

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I. THE CERTIFIED LOCAL GOVERNMENT PROGRAM

a. WHAT IS A CERTIFIED LOCAL GOVERNMENT?

In 1980, Congress enhanced the role of local governments in the nation’s historic preservation program through amendments to the National Historic Preservation Act (NHPA).

The 1980 amendments created a certification program for local governments willing to make a commitment to historic preservation by meeting federal and state preservation standards.

A Certified Local Government, or CLG, is any general purpose political subdivision of the State of New Mexico – such as a city, county, village, town, or municipality – that has met specific eligibility requirements and has been certified through the Historic Preservation Division and the National Park Service. A CLG demonstrates its commitment to historic preservation by enacting a preservation ordinance and establishing a citizen-led commission to oversee the local preservation program. As a CLG, the community is a partner in preservation with the Historic Preservation Division of New Mexico and the National Park Service.

b. WHY BECOME A CLG?

There are many benefits to communities when participating in the CLG program. These include:

Credibility and Autonomy

• CLGs take the lead in preservation activities by identifying, evaluating, and protecting local cultural resources.

• CLG status establishes a level of credibility for a local historic preservation program by following State and Federal preservation standards.

• CLG status is optional and in no way diminishes the autonomy of the local government.

Exclusive Funding Opportunities

• CLGs may apply annually for matching grants from a fund solely for CLGs. Under this program, the National Park Service requires that at least ten percent (10%) of New Mexico’s annual federal allocation from the Historic Preservation Fund be subgranted exclusively to participating CLGs.

Enhanced Roles

• CLGs have a formal role in the National Register of Historic Places nomination process.

• CLGs have a role in the review of federal or state projects.

• CLGs are encouraged to liaise with other departments in the local government, local organizations, and state and federal agencies regarding preservation concerns.

Partnership & Support

• CLGs receive technical services from HPD.

• CLGs participate in state preservation planning.

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c. WHO IS ELIGIBLE?

Any local government – such as a city, county, village, town, or municipality – that meets the criteria may apply for certification as a CLG. The local government must have jurisdiction to implement planning and zoning laws within its boundaries.

Counties that become CLGs typically will not have jurisdiction within incorporated areas, unless a municipality and a county have established a formal cooperative agreement.

Intergovernmental agreements with municipal jurisdictions can allow the County CLG to designate and protect resources within those areas. Records of these agreements must be included in the certification application.

d. HISTORIC PRESERVATION AT THE LOCAL

LEVEL

Since the beginning of the historic preservation movement in the United States, preservation has primarily been driven by local advocates and local governments. New Mexico’s CLG program seeks to empower local governments and its citizens to preserve important places. The following guiding principles are important to keep in mind:

• Historic preservation is best understood and addressed at the local level.

• The interests and concerns of local governments can be integrated into the ongoing efforts for identification, evaluation, and nomination processes of HPD.

• Participation in local preservation programming can result in increased awareness within the community about preservation programs.

• Historic preservation is most effective when integrated into local planning and decision-making.

• The public should be made aware of information and resources concerning preservation issues.

• Local governments can develop preservation efforts that benefit from and contribute towards state and federal programs.

HPD Staff giving an informational talk about historic preservation in Mountainair, NM.

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e. CERTIFIED LOCAL GOVERNMENTS in NEW MEXICO, AS OF 2020:

Below is a list of the CLGs in New Mexico and a link to the community’s website.

City of Albuquerque (1986)

Website: https://www.cabq.gov/

Village of Columbus (2004) Website: http://www.columbusnewmexico.com/columbus_new_mexico_civic_center.htm

City of Deming (1999)

Website: http://www.cityofdeming.org/

City of Las Vegas (1986) Website: http://www.lasvegasnm.gov/

Lincoln County (1991)

Website: https://www.lincolncountynm.gov/

Los Alamos County (2018) Website: https://www.losalamosnm.us/

Village of Santa Clara (2017)

Website: http://www.villageofsantaclara.org/

City of Santa Fe (1986) Website: https://www.santafenm.gov/

Town of Taos (1988)

Website: https://www.taosgov.com/ https://www.cabq.gov/ http://www.columbusnewmexico.com/columbus_new_mexico_civic_center.htm http://www.cityofdeming.org/ http://www.lasvegasnm.gov/ https://www.lincolncountynm.gov/ https://www.losalamosnm.us/ http://www.villageofsantaclara.org/ https://www.santafenm.gov/ https://www.taosgov.com/

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II. HOW TO BECOME A CLG

The New Mexico Administrative Code (NMAC), Title 4 Cultural Resources, Chapter 10 Cultural Properties and Historic Preservation, Part 10 Certified Local Government Program (4 NMAC 10.10) lists the requirements for the Certified Local Government Program in New Mexico. 54 U.S.C. § 3025 and 36 CFR§ 61.6 outlines the federal code for the Certification of Local Governments.

The National Historic Preservation Act (NHPA) outlines five broad standards which must be met by a local government seeking certification. The local government must:

• Enforce appropriate state or local legislation for the designation and protection of historic properties. This is usually accomplished through the enactment of an historic preservation ordinance. See Section II (a), below.

• Establish a qualified historic preservation commission. See Section II (b).

• Continue surveying and inventorying historic properties. See Section II (c).

• Provide for adequate public participation in the local historic preservation program including the process of recommending and commenting on properties for listing in the National Register of Historic Places. See Section II (d) and Section V.

• Satisfactorily perform the responsibilities delegated to it under the Act; including those listed herein in the CLG Program Manual for New Mexico. See Section II (e).

a. MINIMUM REQUIREMENTS FOR LOCAL LEGISLATION

One of the primary qualifications for a local government to become a CLG is establishing an ordinance that governs its historic preservation program. The New Mexico Historic Districts and Landmarks Act (NMSA 3-22, et. Seq., as amended) is the state’s enabling legislation stipulating that local governments are empowered with “full and complete powers to preserve, protect and enhance the historic areas and landmarks lying within their respective jurisdictions” and that any county or municipality is empowered to create a “zoning district designating certain areas as historic areas and landmarks” and may “adopt and enforce regulations and restrictions” relating to historical areas and landmarks. The Historic Districts and Landmarks Act permits the regulation of private property for its historic value and quality-of-life benefits to the community.

As a general guideline, the ordinance must contain criteria which will substantially achieve the purpose of preserving, rehabilitating, and protecting buildings and sites of historic and prehistoric significance.

Local governments interested in becoming CLGs must establish an ordinance with the following minimum requirements (also outlined in 4 NMAC 10.10):

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• A statement of purpose

• Definitions

• Authorizing statement citing the New Mexico Historic District and Landmark Act of 1965, NMSA 3-22-1, et. Seq., as amended.

• Establishment of the review body and specific membership and duties of the review body.

See Section II (b).

• Designation procedures for local landmarks and historic districts.

• Criteria for the designation of local landmarks and historic districts. Standards for designation must be consistent with the Secretary of the Interior’s Standards for Identification and Evaluation.

• Provisions for public hearings on designations and public notification.

• Mandatory review of alterations, demolition, new construction, infill and additions to listed landmarks and properties within listed historic districts.

• Specific guidelines to be used by the review body, such as the Secretary of the Interior’s Standards and Guidelines for Archeology and Historic Preservation (SOI Standards), and/or Design Guidelines established by the review body.

• Specific timeframes for reviews and for consideration of alternatives.

• Penalties for non-compliance.

As historic preservation is an important part of a community or county’s broader planning and zoning goals, collaboration and coordination between local planning commissions and the preservation commission will be necessary.

LOCAL REGISTERS/LOCAL DESIGNATION

While listing a property in the National Register of Historic Places (NR) and/or the State Register of Cultural Properties (SR) may inform a local preservation program, listing however does not provide protection. Local governments cannot impose design review on an NR/SR-only listed property. For review to occur, local governments must designate properties via the local designation process and criteria in its preservation ordinance.

Establishing a significant and effective local register depends both on the participation of property owners and on clear documentation about what is being designated and why. Local governments interested in protecting properties listed in the NR/SR must do so by designating these properties under their local preservation ordinance.

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Differentiating between the different landmark designations can be confusing. However, keep in mind that listing in the NR/SR and listing locally are different processes that require separate thresholds of due process for property owners. The National Park Service will not certify a CLG if the ordinance auto-designates NR/SR-listed properties as local landmarks or conducts design review on only NR/SR-listed properties. The ordinance must include a process for listing locally designated landmarks. NR/SR listing does not have to be a requirement to list locally.

In other words, the CLG must establish a process for designating local landmarks and historic districts as well as identify criteria for local designation. A local historic register with protections in the ordinance is a strong tool to ensure that a community’s historic resources will be preserved.

Local governments can create their own criteria for designation provided that they are consistent with established state and federal statutes regarding historic preservation and zoning.

Owner Consent In New Mexico, local commissions may decide if owner consent on individually-listed buildings is required or not. There is no State of New Mexico or federal law requiring owner consent for local landmark designation. The strongest type of preservation ordinance is one where owner consent is not required; HPD recognizes that this decision should be determined at the local level.

For historic districts, HPD recommends that CLGs consider setting a percentage threshold for owner objection (suggested: more than 51% object). Once a historic district is designated, individual owners may not opt out of the district.

QUICK VIEW – LANDMARK DESIGNATION TYPES

Designation Type Required to be a CLG? Recommended Local Yes. Community must have a process for designation/designation criteria for local landmarks outlined in ordinance.

Local designations are necessary so that the Commission can complete mandatory reviews.

National Register of Historic Places / State Register of Cultural Properties/ National Historic Landmark

No. Not required and not legally binding.

Informal monitoring of NR/SR properties. Design review should occur only if property has also been designated by local ordinance.

Review under Section 106 with Federal agency-supported work.

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Designation Report HPD recommends that the process for local designation include the completion of a Designation Report. The report will include information about the subject property/properties, historical background, historical use and current use, historic and current photographs, and how the property meets the local criteria for designation. Such a report provides an important legal basis for decision-making and may help regarding any future challenges regarding designation and property rights. While communities locally designate via ordinance the Designation Report provides a more thorough background as to how and why the property is significant.

DESIGN REVIEW BY THE COMMISSION

The Historic District and Landmark Act gives clear and reasonable authority to communities to review improvements and demolitions. In order to meet the stipulations for “protection” under the CLG requirements, mandatory review by the Commission is required at a public meeting. Permit review that is binding, where the decision of the Commission is final (but, appeal-able to the elected body or district court), provides the strongest type of protection for cultural resources. While binding review is recommended by HPD, advisory review is acceptable to become a CLG.

REVIEW STANDARDS

The National Park Service maintains the Secretary of the Interior’s Standards and Guidelines for Archaeology and Historic Preservation (SOI Standards). A subset of those Standards pertains to the care of historic properties. These are the Secretary of the Interior’s Standards and Guidelines for the Treatment of Historic Properties. The SOI Standards provide national standards for best practices in historic preservation. The recommended approach of the SOI Standards supports a consistent and transparent decision-making process. While the SOI Standards are not required, they are recommended for CLGs. HPD recommends that CLGs consider adopting the SOI Standards in local ordinances.

QUICK VIEW – LOCAL LEGISLATION

Aspect of legislation Required to be a CLG? Recommended

Review of improvements or demolition of locally-designated resources.

Yes. The community can choose whether review is binding or advisory in ordinance.

Decisions by Commission are binding.

Review of improvements/ demolition on NR- and/or SR-listed properties.

No. Not required and not legally binding.

Informal monitoring only. Design review should occur only if property has been designated by local ordinance. CLGs can have a role in review of Federally-assisted projects in their communities under Section 106.

Consent for the designation of local landmarks.

No. Communities can decide if they require owner consent.

No owner consent for designation.

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QUICK VIEW – LOCAL LEGISLATION - Continued Aspect of legislation Required to be a CLG? Recommended

Consent for the designation of historic districts.

No. Communities can decide if they require owner consent.

Consider a percentage of objections to the designation by 51% of the property owners in the subject district.

Adoption of the Secretary of the Interior’s Standards and Guidelines for Archeology and Historic Preservation.

Yes/No. Communities can decide what type of guidelines to use but the SOI Standards are suggested.

Adoption of the Secretary of the Interior’s Standards and Guidelines for Archeology and Historic Preservation, as amended. Consider developing community-specific design guidelines.

Allowances for financial hardship.

No. Yes, with clear documentation requirements to avoid misuse.

Appeals of Commission decisions.

Yes. If design review is binding, this is required. Ordinance must outline process.

Appeals should be made directly to governing body or district court.

Commission decisions in writing.

Yes. Ordinance must outline timeframes/ process.

Commission decisions should always be in writing to the applicant/owner and follow the timeframes in the ordinance.

Designation procedures and criteria for local landmarks and historic districts.

Yes. Clear process and timeframes for each step within the ordinance.

Completion of a report for local designation.

Yes. Report must indicate how the resource meets existing criteria for designation.

Completion of a “Designation Report” that provides an overview of the subject property/properties, the historical background, and how the property/properties meet local designation criteria, current and historic photographs, etc.

Relationship to National Register?

None Advisory only, unless federal involvement; due to differences in due process, local governments are discouraged from automatically listing properties into their local register based on NR/SR designation alone.

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b. ESTABLISHING AND MAINTAINING A HISTORIC PRESERVATION COMMISSION

One of the most important parts of sustaining a local historic preservation program is establishing and maintaining a historic preservation commission (Commission). The Commission serves as the face of preservation at the local level and performs as the primary implementing body.

A Commission is appointed under local procedures for commissions – by the city council, county commission, and chief elected official. Commission members bring expertise, professional skills, and an enthusiasm for the preservation of cultural resources in support of the local government’s preservation goals. A Commission should be considered at the same level as other quasi-judicial commissions within a local government and meet in similar ways or locations.

Commissions should be able to make recommendations to their overseeing Council or Board about historic preservation policy and to other departments within the local government.

Commissions should have the power to recommend places for historic designation and to review improvements on locally-designated cultural resources.

The minimum requirements and duties for local review commissions are outlined in 4 NMAC

10.10 and below.

Minimum Requirements:

• At least five (5) members, all of whom have a demonstrated interest in historic preservation.

• At least two (2) preservation-related professional members (this includes the professions of architecture, historic architecture, architectural history, archaeology, planning, real estate, design, building trades, landscape architecture, law or finance), to the extent that these professionals are available in the community.

• Terms of office should be staggered, starting with a minimum two-year term.

• The Commission should adopt rules of procedure or by-laws that are available and accessible to the public.

• The Commission must hold a minimum of four (4) meetings per year.

• All HPC meetings should be open to the public with proper public notice, and the

Commission must maintain minutes of all meetings that are available for public inspection.

Note: If public disclosure could result in a substantial risk of harm, theft, or destruction to the historic or archaeological resource, an exception to the public meeting and public records policy may apply pursuant to federal and state statutes: 54 U.S.C 307103 (Formerly Section 304 of the National Historic Preservation Act of 1966, as amended); 54 U.S.C. 302107 of the Archaeological Resources Protection Act of 1979, as amended); 5 US.C. 552 (b) (3) (Section 552 of the Freedom of Information Act of 1966 as amended).

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• Applicants are notified of meetings and advised of decisions, in writing.

• An annual report of the commission’s activities. See below for more about the annual report.

• Vacancies on the commission are filled within ninety (90) days.

• Each Commission is required to set aside at least one regular meeting a year for informational and educational purposes. HPD staff may attend this meeting.

Minimum Duties:

• Conduct or cause to be conducted a continuing survey of cultural resources in the community. Surveys should be completed according to guidelines established by HPD and SOI Standards.

• Make recommendations for the designation of local landmarks and historic districts to the appropriate local governing body.

• Establish and use written guidelines. The SOI Standards should be used at a minimum.

Community-based Design Guidelines are encouraged.

• Act in an advisory role to other officials and departments of the local government regarding the protection of local cultural resources.

• Act as a liaison on behalf of the local government to individuals and organizations concerned with historic preservation.

• Work toward the continuing education of citizens within the CLG’s jurisdiction regarding historic preservation issues and concerns.

• Review nominations for listing in the National Register of Historic Places and provide a local role in the review process. (See Section V. on National Register, below).

• Mandatory review of alterations, demolitions, or new construction to locally listed landmarks and properties within locally designated historic districts. Note that Commissions may be advisory and decisions are not binding.

• HPD may, at their discretion and by mutual written agreement with the Certified Local Government, delegate further responsibilities to the CLG and/or the historic preservation commission, excepting the authority to nominate properties directly to the National Register, excepting applications for the federal tax credit program.

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THINGS TO CONSIDER WHEN ESTABLISHING A PRESERVATION COMMISSION

To become a CLG in New Mexico, a local government’s Commission must have a minimum of five members who have a demonstrated interest in and/or professional expertise in historic preservation. The total number of Commission Members can vary by community. Larger municipalities may benefit from having more Commission members and creating subcommittees to handle the workload of special projects. Smaller and rural communities may benefit by having a smaller Commission for easier recruitment. Larger Commissions may benefit from having at least one full-time historic preservation specialist or officer as staff support. Staff support or a consultant to the Commission is required but, other arrangements can be made if it is not possible to find someone suitable in the community.

The Commission is encouraged to appoint two Commission members who meet professional preservation qualifications standards, see Appendix C. If the local government cannot find volunteers who meet these requirements, the community should provide information as to duration of the search and how long the position was made available. The local government must seek out expertise when needed. See Appendix C for more information about the SOI Professional Qualifications Standards.

QUICK VIEW – HISTORIC PRESERVATION COMMISSIONS

Aspect of legislation for HPC

Required to be a

CLG?

Recommended

Minimum number of meetings per year.

4 A minimum of four meetings for Commissions with advisory review. Monthly meetings for those commissions with binding review.

Minimum number of Commission members.

5 The minimum number of Commission members is five but the total number of Commission members should correlate to the population size of the community.

Commission member training.

Yes. Code references that 1 commission meeting should be set aside for training.

Establish requirements for commission members/plan for annual training. Consider delegating a portion of Commission meetings once a quarter for ongoing training. Consider open meetings act training.

Commission Retreat No. An annual commission retreat may be a great opportunity for a Commission-focused training.

Staff training No. Annual training for staff.

Liaison to other city departments/ elected officials.

Yes. The Commission and staff should be included in discussions related to any project that may affect cultural properties.

Outreach to local non-profits and other organizations.

Yes. Commission members and staff should work with interested parties related to historic preservation.

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QUICK VIEW – HISTORIC PRESERVATION COMMISSIONS (CONTINUED)

Aspect of legislation for HPC

Required to be a

CLG?

Recommended

Publication of Agendas.

Yes. Agendas should be made available to Commission members and the public ahead of the meeting preferably posted in a central location and on the community’s website.

Meeting minutes Yes. Minutes should be produced for review and approval by the Commission at its next meeting and be posted on the community’s website.

Staff support Yes. One full-time staff person.

Alternative arrangements are feasible.

One full-time staff person or consider a circuit-rider with an adjacent community for a consultant.

c. SURVEY AND INVENTORY PROGRAM

Maintaining a system for the survey and inventory of cultural resources is one of the cornerstones of any historic preservation program. CLGs must develop or have in place a system for the survey and inventory of cultural resources within their jurisdictions. This system must be coordinated with HPD’s inventory program, consider using state-approved inventory forms and evaluative criteria consistent with the National Register, and be in compliance with the Secretary of the Interior’s Standards for Identification and Evaluation.

Communities which have conducted surveys in the past must update their survey data at regular intervals (suggested: every 5-10 years) as new resources become eligible for consideration and properties change over time.

CLGs shall maintain a detailed inventory of the buildings, sites, structures, objects, and districts that it has designated under local law. Surveys provide an elementary foundation to designations, documenting reasons why a building is or is not contributing and how it complies with local designation criteria. Surveys can be used as a reference and support how Commissions make decisions related to designation or review of improvements to properties as well as development in the community.

QUICK VIEW – SURVEY AND INVENTORY

Aspect Required to be a CLG? Recommended Develop a survey and inventory program.

Yes. A section should be included in the ordinance outlining the survey program.

Establish a program to periodically update existing surveys or complete a re-survey.

Establish survey and inventory that is compatible with survey and inventory guidance published by HPD.

Yes. All survey efforts should match survey forms required by HPD.

All surveys should be coordinated with federal and state methods.

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QUICK VIEW – SURVEY AND INVENTORY (CONTINUED)

Aspect Required to be a CLG? Recommended Maintain a detailed inventory of the historic buildings, sites, structures, objects, and districts within the CLG, including those that have been designated under local law.

Yes. There should be a building by building survey and inventory for each landmark/historic district.

Completion of a survey is essential to supporting local designations.

Survey and inventory materials shall be maintained and accessible to the public.

Yes. The public should be able to access information easily.

Consider making survey and inventory information available on the Community’s website/library, etc.

d. PUBLIC PARTICIPATION

The CLG Program requires that a local government ensure public participation in its historic preservation program. This means that the CLG’s historic preservation activities, including meetings of the Commission, must comply with New Mexico’s Open Meetings Act (10 NMSA 15). The CLG program is meant to engage and educate the public and to encourage participation in the local preservation program. Public participation is an integral feature of any preservation program and CLGs should:

• Encourage public participation in all facets of their preservation programs.

• Follow the provisions of the New Mexico Open Meetings Law (10 NMSA 15) and follow proper parliamentary procedure, such as Robert’s Rules of Order or other adopted rules of procedure.

• Make all Commission decisions in a public forum (except those noted above that reference a private archaeological site).

• Ensure that the Commission provides written notification of its decisions to applicants/property owners.

• Ensure that decisions rendered and actions taken by the Commission are clear, legally defensible, and understandable to the general public. Records of such decisions must be kept on file and available for public inspection.

• Develop educational programs and materials that enhance public awareness of their historic preservation activities or historic preservation in general.

• Ensure that meetings are properly noticed in places where citizens will see them.

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HPD Staff working with a Mesilla community member on a survey of historic properties.

• Provide for public involvement in the National Register nomination process as required in the National Historic Preservation Act, § 302504, see Section V.

QUICK VIEW – PUBLIC PARTICIPATION

Aspect Required to be a

CLG?

Recommended

Agendas and minutes Yes. Ensure that one central location is available for posting of meeting and a place on the Community’s website for virtual posting.

Public programming related to historic preservation.

Yes Consider regular events for the public to attend related to preservation education.

Make decisions that are clear, legally defensible and in writing.

Yes Ensure that Commission decisions are legally defensible and meet with the Community attorney and consult with HPD.

e. SATISFACTORILY PERFORM THE RESPONSIBILITIES DELEGATED TO IT UNDER THE ACT

Participating local governments must meet the four basic requirements (II.a-II.d), and participate in the National Register nomination process pursuant to Section V. A major review of the CLG's program operation and administration will be performed at least once every four years. Ideally, this evaluation will be conducted in person at the local government, although a written evaluation process may be substituted (i.e., “CLG Evaluation Questionnaire.”) In addition, periodic monitoring of CLG activities will ensure that performance is consistent and coordinated with the identification, evaluation, and protection priorities of New Mexico's comprehensive historic preservation planning process, and that of federal work program standards regarding HPD accountability. See Section VII for more information about monitoring and decertification.

The HPD may, at his/her discretion, and by mutual written agreement with the CLG, delegate further responsibilities to the CLG and/or the historic preservation commission, excepting the authority to nominate properties directly to the National Register of Historic Places.

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III. PROCESS FOR CERTIFICATION

Applications for CLG status must be made in writing by the local government, specifically the local government’s chief elected official and include the following materials: a letter from the chief elected official that the local government has fulfilled all of the requirements, a copy of the preservation ordinance, a list and map of all areas designated as historic districts or landmarks (locally and on the SR/NR), resumes for each of the Commission members, how the local government will make provisions for staff support to the Commission, the application checklist, a draft Certification Agreement and a description of other delegated responsibilities. The application checklist, the request for Certified Local Government status and the Certification Agreement may be found in the Appendices.

PROCESS FOR CERTIFICATION AS A CLG

Step 1 Review the requirements outlined herein and in NMAC 4.10.10 for local legislation, commission, public participation, and survey and inventory to confirm that all requirements have been met.

Step 2 The chief elected official of the governing body shall request the certification in writing. The request shall include:

• Letter from chief elected official stating that the local government has fulfilled all of the requirements.

• A copy of the local historic preservation ordinance.

• A list and accompanying map of all areas designated as historic districts or landmarks.

• Resumes for each of the members of the Historic Preservation Commission.

• Provisions for staff/consultant to the Commission.

• Application checklist.

• Request for Certified Local Government Status.

• Certification Agreement.

• Description of other delegated responsibilities.

Step 3 HPD has sixty days (60) to respond to the written request.

Step 4 If HPD finds that the local government fulfills the requirements for certification, HPD forwards the application to the National Park Service.

Step 5 The National Park Service has 15 working days from receipt to take exception to the application.

Step 6 HPD shall respond to the local government informing them of the National Park

Service’s response.

Step 7 Once the Certification Agreement has been signed by both parties, the Agreement and application materials are sent to the National Park Service.

NEW MEXICO HISTORIC PRESERVATION DIVISION, CLG PROGRAM MANUAL, 2020 - Page 19

J.A. Mahoney Building in Deming, NM. Built in 1885.

IV. HISTORIC PRESERVATION OFFICER/CONSULTANT

In order to carry out the duties delegated to it, the Certified Local Government should employ or have regular access by contract or letter of agreement to the equivalent of one professional who works full-time as an expert in archaeology, history, architectural history, historic architecture, historic preservation, planning, or a closely related field.

The Historic Preservation Division will consider proposals for alternative arrangements for local governments who submit evidence that they have not been able to obtain such expertise due to a lack of financial resources or available professionals. Such alternatives must ensure that adequate expertise exists to allow the CLG to undertake its responsibilities. Some New Mexico CLGs may find it difficult to obtain expertise especially in rural areas.

CLGs may contract with a qualified individual or local non-profit historic preservation agency for staff services, or a group of CLGs in a region could partner in a contract for the delivery of the required professional staff services.

It is recommended that consultants be approved by HPD to ensure that personnel have the necessary skills to carry out the specific responsibilities of the CLG. Staff requirements will vary according to the types of programs which the CLG undertakes and the duties delegated to it.

Annual funds transferred to CLGs may be used toward retaining a preservation consultant or paying for a portion of staff salary, as long the outcome includes measurable results. See Appendix C for Historic Preservation Professional Qualifications.

The Historic Preservation Officer/Consultant plays an essential role in executing a local preservation program. This staff person is often the first contact that community members have in navigating the preservation review process. Staff can act as liaison to other departments or non-profit preservation organizations in the community and can execute the Commission’s goals and objectives.

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V. NATIONAL REGISTER OF HISTORIC PLACES – CLG ROLE & PARTICIPATION

The Certified Local Government establishes a partnership between the local government and the State Historic Preservation Office/HPD and the National Park Service. Both HPD and the CLG have responsibilities under the National Historic Preservation Act when a nomination for listing in the National Register moves forward in their jurisdiction.

Because both the NR/SR listings can impact eligibility related to the state or federal tax credit programs, informal monitoring of NR/SR-listed properties by CLGs is encouraged. Commissions can make recommendations to HPD regarding a property or district’s removal from the NR/SR that has been altered because of demolition or loss of historic integrity or lead the way for survey efforts to update existing NR/SR nominations.

The Historic Preservation Division and the CLG will work together to provide opportunity for public participation in nominating properties to the National Register. Any reports submitted by the CLG to HPD shall include assurances of public input. The CLG shall retain a list of all persons contacted during the evaluation period and note comments which it received. If a public hearing was held, the CLG should include a list of those attending.

In accordance with the National Historic Preservation Amendments Act of 1980, the CLG shall submit a report to the Historic Preservation Division regarding the eligibility of each property or district proposed for nomination to the national register within its jurisdiction. This report shall include the recommendation of the local preservation commission and the chief elected official.

The report may be as simple as an affirmation that the property is eligible, or as lengthy as a researched report stating why the property should or should not be nominated. The report should concentrate on the property's eligibility under the national register criteria (see glossary).

If it is felt that the property is not eligible, reasons must be given based on national register criteria.

CLG ROLE IN NATIONAL REGISTER NOMINATION PROCESS

Step 1 The Historic Preservation Division will forward a copy of a completed draft national register nomination to the CLG for any properties within that jurisdiction that are nominated for listing. Information shall be sent to the CLG within 30 days of receipt unless the CLG itself has initiated the nomination.

Step 2 Within 60 days of receipt of the nomination, the CLG shall inform the Historic Preservation Division and the property owner(s) as to its opinion regarding the eligibility of the property. If the local review commission and the chief elected official do not agree, both opinions shall be forwarded. Local governments’ participation in this process is so that local information can be included about the proposed resource/resources for listing

Step 3 If both the commission and the chief elected official, or their designated representative, recommend that a property is not eligible, the Historic Preservation Division will so inform the property owner(s) and the cultural properties review committee, and the property will not be nominated unless an appeal is filed with the HPD under the regulations established for the appeals process, outlined in the National Historic Preservation Amendments Act of 1980.

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CLG ROLE IN NATIONAL REGISTER NOMINATION PROCESS continued Step 4 If either or both the commission and the chief elected official or their designated representative, agree that the property is eligible, the nomination will be scheduled for review by the cultural properties review committee. The opinion or opinions of the commission and the chief elected official, or their designated representative, will be presented to the committee for their consideration.

Step 5 The Cultural Properties Review Committee (CPRC), after considering all opinions, shall make its recommendation to the state historic preservation officer. The HPD shall then forward the nomination with his or her recommendation to the National Park Service, in the case of the property's being eligible, or return it to the CLG and the owner(s) in the case that it is not eligible. Either the commission or the chief elected official, or their designated representative, may appeal the final HPD decision under the aforementioned appeals procedure to the CPRC.

Failure to submit reports on the eligibility of properties nominated within the jurisdiction of the CLG after the Historic Preservation Division has informed the CLG of a pending nomination will be considered during the annual performance evaluation.

CLGs may participate in the review and approval of National Register nominations whether or not they elect to apply for grants from the Historic Preservation Fund/Certified Local Government grant.

Local governments may be certified and participate in review and approval of national register nominations whether or not they elect to apply for grants from the historic preservation fund.

National Register Aspect Required to be a

CLG?

Recommendation

HPD will forward nomination to CLG with request to complete a report.

Yes.

Submit report to

HPD.

Complete a report for NRHP nominations in the community.

Completion of these reports will be taken into account in the evaluation period.

CLGs are required to review NR nominations within their jurisdiction.

Yes. Complete a report.

Provide further comments. Review the NRHP nomination at a Commission meeting.

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HPD Staff presenting to UNM Students on the legal milestones in historic preservation

VI. STATE AND FEDERAL COMPLIANCE REVIEW – CLG PARTICIPATION

As a CLG, a Community has the opportunity to participate in local review of federal and state projects.

a. Federal Compliance Review – Section 106 of the National Historic Preservation Act

Section 106 of the National Historic Preservation Act ensures that when there is a federal undertaking that historic properties are taken into consideration. Commissions should be informed by federal agencies when a federal action is to be undertaken within their jurisdiction and be given the opportunity to respond concerning the potential effect on historic properties (those listed in or eligible for listing in the National Register of Historic Places). The Commission should be notified by their government officials about federal undertakings within their jurisdiction. See 54 U.S.C. 306108.

b. State Compliance Review – New Mexico Prehistoric and Historic Sites Preservation Act

The New Mexico Prehistoric and Historic Sites Preservation Act ensures that when there is state funding, state agency involvement, or funding from a political subdivision of the state involved in a project that historic properties are considered in planning. Consultation may involve local communities consulting with HPD and include the Commission. See New Mexico Statutes Annotated § 18-8-1 – 18-8-8.

c. New Mexico Cultural Properties Act

The New Mexico Cultural Properties Act establishes the Historic Preservation Division (State Historic Preservation Office of New Mexico) and the Cultural Properties Review Committee. It provides for the protection of archaeological sites and unmarked human burials by qualified institutions and establishes civil and criminal penalties for looting of archaeological sites and disturbance of unmarked burials.

The act further requires that state agencies provide the HPD with an opportunity to participate in planning for activities that will affect properties that are listed on the State Register of Cultural

Properties. See New Mexico Statutes Annotated § 18-6-1 -18-6-17.

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VII. MAINTAINING CLG STATUS – MONITORING AND REPORTING

The Historic Preservation Division will conduct periodic review and monitoring of CLGs to assure that each government is fulfilling its obligations, including responsibilities delegated to the CLG under the National Historic Preservation Act, as amended. The CLG procedures shall also be in conformance with federal and/or State standards, including standards for statewide comprehensive historic preservation planning and other appropriate planning processes.

Provided that the CLG continues to meet the requirements outlined in federal and state statutes and clarified in this Manual, the CLG will retain its status. CLG certification agreements between the local government and HPD may be terminated by the local government, in writing, at any time and for any reason. HPD may also recommend to the National Park Service the revocation of a local government’s CLG status if the local government persistently fails to meet the requirements of the CLG program.

Annual Report HPD requires an annual report be sent at the end of every state fiscal year (June 30). The report shall document ongoing activities of the CLG and ensures that each CLG is meeting its obligations under the CLG Certification Agreement. The annual report shall include, at a minimum, the number of cases reviewed, new designations made, progress on survey activities, revised resumes for all commission members, and meeting attendance records. The annual report shall be submitted no later than sixty days after the end of the fiscal year of the local government.

Commission Education It is recommended that each CLG host at least one educational training session a year. This session may be held at one of the regularly scheduled commission meetings or may include more extensive training. See the Section X.