Section 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.