The agency head and state historic preservation officer shall cooperatively make one of the following determinations in any case in which a registered cultural property will be affected by a land or structure modification. These determinations are given in descending order of preference. The agency head will bear the burden of proving that the preferable determination is neither prudent nor feasible.

1. A. The agency head and state historic preservation officer may determine that a property or site shall be preserved, protected, rehabilitated, restored or avoided. Such determination shall be confirmed in writing by both parties. The agency head will provide detailed specifications for such preservation, protection, rehabilitation, restoration or avoidance to the state historic preservation officer for his concurrence.
2. B. The agency head and state historic preservation officer may determine that feasible preservation of any structure or site will require its modification, adaptation or alteration to meet a contemporary use and to provide a reasonable return. Such determination shall be confirmed in writing by both parties. The agency head will provide detailed specifications for such modification, adaptation, or alteration to the state historic preservation officer for his concurrence at the earliest planning stage and periodically throughout the project.

3. C. The agency head and state historic preservation officer may determine that preservation of any structure or site will deprive the owner of a reasonable return on, or reasonable use of, the property, and on the basis of such determination may concur that the property shall be demolished or moved. Such determination will be confirmed in writing by both parties. In such case, the state historic preservation officer will request that the property or site be documented with as-built drawings, maps and photographs or other documentation consistent with contemporary professional standards, and will provide detailed specifications for such documentation.

   [8/21/87; 4.10.7.10 NMAC - Rn, 4 NMAC 10.7.10, 1/1/08]