New Mexico affirmed the importance of historic preservation with the enactment of the Historic District and Landmark Act (NMSA 1978, Sections 3-22-1 to 3-22-5, 1965). This act empowers municipalities and counties to preserve, protect and enhance the historic areas within them, to create historic zoning districts and to adopt historic preservation regulations, and to spend public funds for preservation purposes and to exercise the power of "eminent domain." This governmental power involves taking private property for a public purpose and paying the owner just compensation. It may be used to acquire a partial or total interest in historic landmarks. The Historic District and Landmark Act authorizes municipalities and counties to regulate the exteriors of landmark buildings.
The Historic Survey
A community interested in historic preservation should begin by conducting a survey or study of its historic, architectural and cultural resources. Such a survey will provide the basic information essential to developing an effective, informed preservation program. Many community people are familiar with the resources they want to protect such as old neighborhoods, remaining motels on Route 66 and archaeological sites. A careful survey identifies and evaluates buildings and districts deserving recognition, provides the basis for possible official listing on the National and State registers and helps establish preservation goals. A resource identified through survey listing may also help delayand perhaps avertactions that would adversely affect a historic building or district.
Surveys may be conducted by a planning department, a historic preservation review board or committee, a private preservation organization, or others, but all should meet the qualifications set out in 36 CFR 61. The HPD provides assistance in conducting the survey, which includes appropriate forms for identification of historic properties. The survey may be conducted prior to a comprehensive planning process, so as to assure that historic preservation is considered. It may be conducted as part of that process, or subsequent to the adoption of a comprehensive plan that includes a strong preservation policy. In any event, a historic preservation survey should be related to comprehensive planning.
The Comprehensive Plan
Comprehensive planning is at some level a process found in every NM community. The earliest Anasazi communities in NM reflect a "plan." Colonial Spanish communities were governed by a plan for development, as well. The Law of the Indies (Recopilacion De Leyes De Los Reynos De Las Indias, 4 vols., in facsimile edition [Madrid: Cultura Hispanica, 1973]) set forth the design of villages, with plazas in the center, surrounded by private individual homesites with small gardens, and "common lands" for grazing beyond the privately held land. Although the settlers along the Western frontier in the 19th century believed that each person could do what he wanted with his own land, population growth in the 20th century has resulted in the adoption of comprehensive plans and zoning ordinances by many New Mexico communities.
Comprehensive plans can include policies for future land use and development, economic development, transportation, extension of water and sewer services, environmental conservation, affordable housing and other elements. Comprehensive plans can also:
- Help the community develop regulations for preservation.
- Prioritize public preservation efforts.
- Assist property owners in making decisions concerning preservation.
- Motivate community organizations to undertake preservation efforts.
In comprehensive planning, public officials identify structures, sites and areas of historic significance that embody the community's identity. A plan can promote the economic development potential of these properties, both as draw for heritage tourism, and for the use of historic buildings as locations for new businesses when restored. Rehabilitated historic homes may also be a source of affordable housing that enhances the community's ambience.
Moratoria
New Mexico communities threatened by proposed development often impose a moratorium. A moratorium is a resolution or ordinance adopted by a municipality or county that prohibits development in all or part of the jurisdiction for a specific period of time while the community adopts a comprehensive plan, subdivision regulations, zoning or other strategies to address the perceived threat to the community. The increase groundwater contamination by too many septic tanks, a shortage of water to serve new development, the inadequacy of the existing water, sewer or road systems to serve new residents or the threat of destruction of cultural properties may trigger a moratorium.
Moratoria have been enacted in New Mexico to allow communities to address problems not covered by existing land use regulations. A moratorium could be used to address protection of historic properties, such as land in traditional agricultural uses or acequias, from the threat of unregulated development.
Moratoria are upheld if they are for a reasonable public purpose and for a reasonable period of time, considering the problem being addressed. If these criteria are not met, the enacting jurisdiction could be held liable for a temporary taking of property without the payment of just compensation. It is preferable for a community to plan ahead and be prepared for the consequences of new development, rather than wait until the last minute and enact a moratorium.
Zoning
When properly applied, zoning can be a powerful tool in protecting historic properties. It is important to learn about zoning in your community to understand how it affects (or could even protect) historic resources and archaeological sites. A zoning ordinance affects the use of land. Other land use regulations include building and fire codes, environmental regulations and subdivision ordinances. Zoning is in force in virtually all NM municipalities and counties experiencing urban growth.
Traditional zoning is the division of the land area of a municipality or county into districts or zones, each with a set of regulations governing the development of private land. Traditional zoning separates uses allowed in each district into variations of residential, commercial, industrial, agricultural and other uses. In addition to land use restrictions, each district has its own regulations governing the density of development, maximum size of the buildings, lot size, building setbacks from lot lines, required spaces around the building, etc. Even without the creation of specific historic districts or overlay zones, zoning can assure that a new building will not affect the existing design context of a neighborhood, in terms of bulk, height and other characteristics.
Conditional Uses
Conditional uses are land uses that are acceptable, even complementary, in
a district, such as a school or church in a residential zone. Conditional uses are
listed in the text of the zoning ordinance along with the "permitted uses," which
are those permitted as a matter of right or by right under the ordinance. A conditional
use designation might facilitate the rehabilitation and continued use of
a historic church in a single family neighborhood. Other conditional uses in a
single family residential zone might include accessory living quarters (guest houses)
and day care centers. The property owner must apply to the local government
for approval of these uses and submit a site plan showing the layout of the land use
on the property. There will be notice to neighboring property owners and neighborhood
associations and a public hearing on the application, with the right
to appeal the decision. Conditional uses may be approved with "conditions," such
as provision of adequate landscaping, parking and other traffic control measures.
Planned Unit Development, Floating Zones and Special Use Zones
Some land uses may not be compatible with uses in any neighborhood without special regulations, because of either their size or the nature of the use. These uses are addressed by means of planned unit developments (PUD), which may also be called floating zones, special use zones or special use permits. A community may have criteria for proposed development to be placed on a lot above a specified minimum size, addressing such issues as traffic flow, parking, lighting and buffering from existing uses. The impact of a proposed PUD on a historic property or district could be one of the criteria.
Development proposals are analyzed by a community's planning staff or planning and zoning commission to determine whether they meet specific requirements and to determine the impact. For example, the City of Albuquerque designates neighborhoods that have engaged in sector planning, which is an additional layer of planning for that specific neighborhood, as a "SU2-Special Neighborhood Zone." This is of special relevance to historic preservation. These zones may have more flexible zoning regulations specifically appropriate to the needs of a district, which often do not reflect the separation of uses characteristic of traditional zoning. They may allow mixed uses reflecting the historic character and culture of the district, with residences, stores and offices allowed to exist close to each other as they did when the neighborhood was developed.
Zone Map
Zoning districts must be mapped. These maps are part of the ordinance and are available at all times so citizens can determine the zoning classification of their properties.
Zoning Amendments
Historic preservation is commonly accomplished through a zoning amendment, which must be adopted by the legislative body of the communitythe city or village council or the county commission. A zoning amendment includes both an amendment to the text of the comprehensive zoning ordinance and a change to the zoning map. Amendments to change the zoning of an individual property, several properties or an entire zoning district may be initiated by a property owner or owners or their agent, or by the city or county if it believes that existing zoning is no longer appropriate.
Variances
A variance from a land use requirement may allow an owner to restore a historic building, which, without restoration, would no longer have an economically viable use. Since the beginning of zoning in the early 20th century, it was recognized that, although every property in a district would be bound by the same requirements, in some cases exceptions would have to be made. A variance is an exception in which a property owner is exempted from some of the provisions of the zoning ordinance, because the owner will be faced with extreme hardship and/or may lose all economically viable use of the property if compliance with all of the requirements of the zoning ordinance is enforced. Variances should be granted only for uses allowed by the ordinance, such as setbacks or building size.
Historic Districts
The Historic District and Landmark Act of 1965 (NMSA 1978, Section 3-22-3 1965), as stated earlier, enables municipalities and counties to exercise their zoning authority to designate landmarks and create historic districts and regulations in accordance with a comprehensive plan. They may "for the purpose of preserving, protecting and enhancing such historical areas and landmarks, adopt and enforce regulations and restrictions within such districts relating to the erection, alteration and destruction of those exterior features of buildings and other structures subject to public view from any public street, way or other public place." Albuquerque's Old Town, Santa Fe's Downtown Historic District and the Old Mesilla Historic Residential and Historic Commercial Zones are examples of historic districts.
font class=size12B color=#880000Historic Overlay Zones
Historic overlay zones are a locally governed form of historic district. They are used within conventional zoning districts, which, because of characteristics particular to that area, need an extra level of protection. In addition to the requirements for the underlying zoning district, overlay zones have an additional overlay of requirements (e.g., design guidelines), which must be followed. Albuquerque's Huning Highland neighborhood is an example of a historic overlay zone.
Certificate of Appropriateness
Structures or other resources within a historic district or historic overlay zone are classified as "contributing" and "non-contributing." Contributing structures reflect the architectural design of the period in which they were built. Non-contributing structures or resources do not contribute to the historic character of the area, having been built earlier or later than the contributing structures, or having been altered extensively so as to destroy their historic integrity. In order to do any construction, addition or renovation to a structure in a historic district or historic overlay zone, the owner of both contributing and non-contributing resources must apply for a certificate of appropriateness. The application is reviewed by a historic review board, Historic Preservation or Landmarks Commission. If the project is approved, the owner receives a certificate of appropriateness. Denial of this certificate may be appealed to the local governing body, and if the denial is upheld, to the state district court.
Demolition in Historic Districts or Historic Overlay Zones
The authority granted by the Historic District and Landmark Act to a local government to review proposed construction, additions, renovation or demolition of historic buildings or structures is one of the most effective tools for historic preservation. Historic zoning ordinances usually provide that individual landmarks, contributing properties and even non-contributing properties in historic districts and historic overlay districts may not be demolished without a certificate of appropriateness or demolition permit approved by the historic preservation review board. Demolition will only be allowed if no alternative can be identified that will produce a reasonable economic return to the owner of the building, or if there is no means of preserving the resource. This is a powerful preservation tool. Complete documentation of the building including photographs may be required before granting permission to demolish a structure.
Conservation Districts
Conservation districts can protect the character of a neighborhood without the burden of meeting the criteria for designation as historic districts. Conservation districts are mapped and have design guidelines to preserve neighborhood identity and character, rather than historic authenticity, as is the case in historic districts and overlay zones. Conservation districts are particularly appropriate for communities that include an older area which has lost a number of its historic buildings, or one that does not qualify for the State or National registers.
Conservation districts are a preservation tool used by citizens who seek to protect their neighborhood's character when it is threatened by deterioration of housing, creeping blight, or new development both within or adjacent to the neighborhood. It is also an appropriate means by which to protect an area adjacent to a historic district or individual landmark or an archaeological site from development that would detract from these sites and landmarks. A historic district or historic overlay zone designation may not be appropriate because the area does not contain a sufficient percentage of intact historic resources or because political support does not exist for historic district designation. It can be used to maintain community character, enhance livability and attract investment. Construction, alteration or demolition affecting the exterior appearance of a structure within the zone may also require an approved certificate of appropriateness.
Innovative Land Use RegulationsBeyond Zoning
The traditional zoning systemseparation of land areas into single use districtswas developed to separate noxious industrial uses from residential uses and to identify commercial areas in growing urban communities in the early 20th century. The strict separation of uses was intended to protect property values as well. Traditional zoning has been rejected in many rural communities, where mixed uses have not had a negative impact on neighboring property and there was sufficient land to buffer one use from another. Many urban communities are seeking more flexible land use alternatives to remedy freeway gridlock and the cost of providing services to sprawling subdivisions.
A perfect example of the use of flexible zoning in a historic area can be found in the Sawmill/Wells Park Sector Development Plan for an area immediately north of Albuquerque's Old Town. Despite years of neglect and its proximity to vacant property contaminated by earlier industrial development, the Sawmill area has retained a strong sense of neighborhood identity. Families have lived in small single family homes for generations. A few vacant properties existed, some because the former structures on them had deteriorated beyond rehabilitation.
A strong neighborhood association, the Sawmill Advisory Council, worked with the City of Albuquerque on the sector plan and land use controls to reflect the community's identity and its desires for future development. The Advisory Council rejected traditional single use zoning, except in a well-preserved and maintained single family area. It opted for mixed use in other developed areas, allowing all kinds of residential buildings (single family, townhouse and apartment) as well as the needed neighborhood commercial uses as defined in the sector plan. The Sawmill group has utilized many sources of funding to purchase 27 acres of former industrial land, now vacant, from the City. This area is planned for both mixed use residential and commercial development and single use industrial development, which will provide jobs to present and future residents.
Design guidelines assure that new multifamily and commercial uses will be compatible in design and scale with existing small single family residences. Senior citizen housing, cottages and "granny flats" will be the rule, not a special exception. The recent construction of affordable townhouse units, integrated into the neighborhood on a vacant lot, have changed the minds of skeptics in the community. Flexible zoning will enable Sawmill/Wells Park to preserve its historic character, while meeting the economic and social needs of a traditional community. Sawmill/Wells Park is also a National Enterprise Community entitling it to accelerated development procedures and tax credits to lure private investors.
Contact:
- Albuquerque Planning Department (505) 924-3860
- Albuquerque Development Services (505) 764-0037
- Sawmill Advisory Council (505) 764-0429
Route 66 Communities
Route 66, a major New Mexico tourist attraction, passes through some of New Mexico's poorest communities and neighborhoods whose original growth and development were tied to the coming of the road, and which dried up with its replacement by I-40 in the 1960s. Route 66 communities are appropriate candidates for conservation districts rather than formal listings on the state or national registers, since many of the remaining structures have been modernized and have lost much of their historic identity.
Several Route 66 restoration projects are underway. Funding and incentives for restoration are available. Each community along the route can participate in this movement to preserve and enhance Route 66 through comprehensive planning efforts. Contact the HPD for information on this study. A historic context that sets up a framework for identifying, evaluating and listing Route 66 properties has been developed by historian David Kammer.
For other Route 66 information, contact:
New Mexico Route 66 Association
1415 Central Avenue NE
Albuquerque, NM 87106
(505) 224-2802
Mora County Development Guidance System
A variation of performance zoning can be found in the Development Guidance System adopted by rural Mora County. An extensive comprehensive planning process preceded the adoption of performance criteria. The resulting Mora County Comprehensive Land Use Plan sets forth strong policies favoring preservation of the historic and cultural traditions of the County. Historic districts and structures were identified and mapped. The plan also contains policies favoring sustainable development and opposing any development that would threaten the County's water supply and quality. The status of water in the County was recognized as a most critical element in preserving the history and culture of the community. The capacity of existing water systems was analyzed as a determinant of future development.
The Mora County Development Guidance System includes performance standards for design and improvements, including development within the identified traditional communities, open space, drainage and flood control, water quality and availability, forest preservation, ridge top development, and liquid waste disposal systems. An envi_ronmental assessment, based on these standards, is required before development review can proceed. If and when performance standards are met, the development proposal then must go through a "Compatibility Assessment" in the community where the development is proposed. If the community finds the development compatible, it can be approved administratively, having met the performance standards. If the community finds the proposed development to be incompatible with the existing community's character, then the development application must be heard by the Planning and Zoning Commission in a public hearing. Development may be turned down if the evidence of incompatibility is credible and indicates that the development will violate planning policies. The Mora County plan provides an alternative to traditional zoning, which can allow NM rural communities to preserve their customs, culture and historic communities without using the "z" word. For more information, call (505) 387-2448.
Performance Zoning
With a few exceptions, performance zoning eliminates single or mixed use zoning districts. It may retain them for heavy industrial uses, including manufacturing, mining, oil and gas and chemical industries, solid and hazardous waste disposal, and other land uses highly likely to have a negative effect if located too close. It may also retain a single use zoning district in a developed, well-maintained neighborhood within a community, such as a historic single family area of continuously occupied gracious Victorian homes. Instead of single use districts, planners and local officials, with community input, establish criteria that must be met for a proposed development to be approved. The criteria could include the ratio of the size of the building to the size of the lot, how to buffer use on one lot from adjoining land uses, traffic management and design guidelines.
Transfer of Development Rights
To save a historic property, which, in its present configuration, will provide the owner with no economically viable use, a local government could allow the owner to transfer development rights to another piece of property. This other property may be owned by a municipality or county, or privately owned and/or zoned at a density that would allow the owner of the historic property to get the same economic return the owner would have received if the historic property had been demolished and replaced with an economically viable building and/or use. Development rights are part of the "bundle of sticks" that are property rights. They can be quantified, and then either used by the owner elsewhere, or purchased by the local government or a developer to be used on another property. This was the technique used by the City of New York to save Grand Central Station. In this case the rights to build a skyscraper were transferred to another piece of property and used by the owner to build a new building there.
Subdivision Regulations
Although only a few New Mexico counties have adopted any form of comprehensive planning or zoning, all counties are required to have subdivision regulations. Subdivision regulations address how land will be prepared for development. They govern division of land into smaller tracts for more intense development, as compared to zoning regulations, which address how land will actually be used. In New Mexico, regulation of the subdivision of land within municipalities and immediately adjacent to municipal boundaries is closely tied to the require ment that municipalities must make a master plan for public facilities such as streets, water and sewer systems, parks, drainage, etc. Planning and Platting (NMSA 1978, Sections 3-19-1 to 3-19-12, 1965) discusses the planning and platting (subdivision) jurisdiction of municipalities and requires that municipalities adopt subdivision regulations to assure the "harmonious development of the municipality and its environs." The intent of these regulations is to coordinate development with planned public facilities. While this law makes no specific reference to historic cultural properties, they should be addressed in municipal subdivision regulations.
The New Mexico Subdivision Act (NMSA 1978, Sections 47-6-1 to 47-6-27, 1973, 1995) applies to counties. It requires that counties adopt regulations pro_tecting cultural properties, archaeological sites and unmarked burials, as required by the Cultural Properties Act (NMSA 1978, Sections 18-6-1 to 18-6-7, 1969).
The regulations developed by the County require that a subdivider must submit a plan for the protection of cultural properties, archaeological sites and unmarked burials with the preliminary plat, as required by the Cultural Properties Act (NMSA 1978, Sections 18-6-1 to 18-6-7, 1969). OCA must review the subdivider's protection proposal and give an opinion as to its adequacy. Although the County may approve the subdivision despite an unfavorable opinion from OCA, it may only do so after a public hearing at which the subdivider has the burden of showing that the opinion is "incorrect either as to factual or legal matters" (NMSA 1978, Sections 47-6-9 to 47-6-11, 1995).
In general, county regulations can require that plats be redrawn to leave a greater buffer to protect cultural properties, archaeological sites and unmarked burials. They can require additional mitigation measures as well, as long as they do not result in a "taking" by denying the property owner all economically viable use of the land. Regulation of subdivisions should be tied to comprehensive planning that addresses preservation issues.
Building Codes
Building codes in force in many communities may make it difficult to maintain historic integrity in a rehabilitation of the historic building while still meeting code requirements. Variances that do not compromise safety may be appropriate. Your local historic preservation review board and the HPD can assist in striking a balance between restoration or demolition to meet code.
Preservation of historic buildings also may require compliance with the Americans with Disabilities Act of 1990, 42 U.S.C. Sections 12101 to 12213 (ADA). The statute was designed to prevent discrimination against the disabled in housing, employment, public accommodations and other areas. Historic buildings such as hotels, which are places of public accommodation, must conform to certain standards of accessibility to handicapped persons.
Any project to alter or restore a historic structure for public accommodation purposes must be reviewed by the state or local entity that enforces the ADA. As in the case of building codes, to comply with ADA standards, some historic characteristics of the building may have to be compromised.
The ADA requirements are set forth in the Americans with Disabilities Act Accessibility Guidelines (ADAAG) and the Uniform Federal Accessibility Standards (UFAS), which are available from the HPD, the New Mexico Construction Industries Division, or a local building department.
Archaeological Preservation Ordinances
Archaeological preservation ordinances contain requirements for the preservation of archaeological sites present on a property proposed to be developed, or which are discovered during the course of development. The City of Santa Fe and Santa Fe County are the only jurisdictions in New Mexico that have adopted archaeological preservation ordinances. Albuquerque's LUC ordinance also has provisions to protect archaeological sites.
The Archaeological Review Committee of the City of Santa Fe reviews development applications within three mapped archaeological review districts. Owners who propose development in these districts must obtain Archaeological Clearance Permits, based on studies performed at their expense. They may be required to submit Treatment Plans if proposed development will impact significant archaeological sites on the properties. Contact City of Santa Fe Planning Division (200 Lincoln Avenue, Santa Fe, NM 87501; (505) 984-6657).
Santa Fe County Ordinance 188-8 also requires archaeological review of development in archaeological districts. Contact Santa Fe County Land Use Department (102 Grant Avenue, Santa Fe, NM 87501; (505) 986-6225).
Another model Archaeological Protective Ordinance exists in Pima County, AZ, which kicks in when grading permits are obtained, rather than when rezoning or development approval is sought for a property that contains an archaeological site. Contact:
The Archaeological Conservancy
5301 Central Avenue, Suite 1218
Albuquerque, NM 97108-1517
(505) 266-1540).
Financial Incentives For Local Governments
Many communities do not move forward with historic preservation because they lack the financial resources to do so. Funding is available from a number of federal and state programs that have specific historic preservation intent. These funding sources, although not intended specifically for historic preservation, can help a community to preserve a landmark or a historic district when used alone, or in combination with other programs. This guidebook will only discuss a few of these resources. (A more comprehensive list of resources for historic preservation is included in Appendix A.)
Certified Local Government Program
The Certified Local Government (CLG) Program, a cost-effective local, state and federal partnership assists hundreds of diverse communities across the nation to preserve their unique historic character. This national initiative provides valu_able technical assistance and small grants to local governments seeking to keep for future generations what is important and significant from their past.
Local governments can receive Historic Preservation Fund (HPF) Grants, which are passed through the State Historic Preservation Offices (SHPO), such as HPD, via the National Park Service. The HPD is required to pass 10% of the HPF funds it received to CLGs. To qualify for these funds, a municipality or county must be a Certified Local Government (CLG). To be certified as a CLG, a municipality or county must have explicit historic preservation policies, adopt a historic preservation ordinance in compliance with the NM Historic District and Landmark Act and New Mexico's Certified Local Government Regulation (4NMAC 10.10), and establish a historic review board. The local government is then certified by HPD and the National Park Service. In New Mexico the current CLG communities include Albuquerque, Deming, Las Vegas, Village of Lincoln in Lincoln County, Santa Fe, Silver City and Taos.
Contact the Historic Preservation Division for information regarding this program, which assists preservation planning at the local level.
Federal Grants to Certified Local Governments
Local governments can receive Historic Preservation Fund Grants, which come from the Department of the Interior's National Park Service, and are passed through the HPD. The HPD is required to pass 10% of the NPS grant money it receives to qualified Certified Local Governments (CLGs). To be certified as a CLG, a municipality or county must have explicit historic preservation policies, adopt a historic preservation ordinance in compliance with the NM Historic District and Landmark Act, and establish a historic review board. The local government is then certified by the HPD. The HPD would like the NM Legislature to adopt a statute authorizing unincorporated historic villages to achieve certified local government status so that they, too, can qualify for historic preservation fund grants.
MainStreet
The MainStreet Program is administered by the NM Economic Development Department. The Main Street concept was launched by the National Trust for Historic Preservation in 1977, with the goal of creating economic revitalization for abandoned and underused downtowns, many of which met the criteria for listing in the National Register. New Mexico's MainStreet program is affiliated with the National Trust, which continues to provide information and technical resources to Main Street programs in many states.
The NM MainStreet Coordinator works closely with the HPD and the New Mexico Community Development Council, which develops criteria for designation of communities to participate in the program. To qualify for the MainStreet program, a community must show a commitment to the redevelopment of its main street, or to some other area of the community which, if redeveloped, could have economic benefits for the community. This commitment is demonstrated when the community hires a full or part-time MainStreet Director, whose salary is paid by the local government (e.g., Bernalillo) or by the private sector (e.g., Roswell).
Once the commitment is demonstrated, the MainStreet office will pick up the tab for experts to help public officials and local business people to engage in the following four-point approach to preserve and rebuild historic downtown.
- Design: MainStreet teaches communities to restore their old buildings, respecting the past and their architecture, and also helps them look for new opportunities and possibly designs.
- Promotion: MainStreet helps communities to develop an image for them-selves and to market it. For example, MainStreet helped Gallup promote the fact that it is a trading post community catering to Navajo and Zuni peoples and provides Indian arts and crafts to the general public.
- Organization: MainStreet works to involve the entire community in the revitalization effort, partnering with the local Chamber of Commerce, local government and other business groups.
- Economic restructuring: MainStreet works with local government and business groups to find ways to change the economy of downtown so that people will return. This may include enhancing an area with improved lighting, more entertainment (theaters and restaurants), altering pedestrian and traffic flows, and taking measures to decrease crime.
Successful NM MainStreet communities include Gallup, Deming, Bernalillo, Roswell, Las Vegas, Silver City, Aztec, Los Alamos, and the Nob Hill district in Albuquerque. Cuba, Lovington, Portales and Santa Rosa benefit from MainStreet programs for communities under 5000 in population. MainStreet has assisted a multi-community "collective"—the Salt Mission Trail communities of Moriarty, Mountainair, Estancia and Willard—to develop a regional tourist destination centered on the missions at Abo, Quarai and Gran Quivera.
The communities get no hard cash but receive expert assistance in locating and leveraging public and private funding sources to implement their revitalization efforts. Examples include grant programs from the NM Economic Development Department (local government division), National Trust for Historic Preservation, and private foundations.
Silver City, Las Vegas, Bernalillo and Gallup have been particularly successful in restoring historic downtown buildings, which are now used for retail, offices and hotels. They have created community pride as well as attracted tourists. Contact: MainStreet Coordinator (NM Economic Development Department, (505) 827-0300).
Transportation Related Programs
New Mexico's historic roads, rails and railroads are a significant part of its heritage. Many Americans seek experiences to recreate an earlier time, when travel was slower and each stop along the way offered something new. Preservation, rehabilitation, and restoration of sites along historic roads and railroads can create attractions for these travelers and enhance stagnant economies. Several federal, state and local programs provide incentives for such preservation and revitalization.
TEA-21 and ISTEA
The Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA) (23 U.S.C. Section 133) and its successor, the Transportation Equity Act for the 21st Century (TEA-21) (PL105_178), provide federal funding, which is then administered by the states. Each state must prepare a state transportation plan, which includes transportation plans prepared by metropolitan regions and rural regions. In New Mexico, grants under TEA-21 and ISTEA are administered by the State Highway and Transportation Department (NMSHTD), although some grants have been available to other state agencies.
ISTEA dedicated 10% of its funding for enhancement projects, some of which involve historic preservation. New Mexico projects using these funds include the creation and public art in the Route 66 communities of Gallup, Tucumcari, Moriarty and Albuquerque. TEA-21 retained the enhancement program and added transit-related historic preservation and bike and pedestrian access improvements. This enhancement could make it possible for NM communities to restore their historic railroad depots and bridges. ISTEA also included the National Scenic Byways Act, which funded the National Scenic Byways Program. This program made grants to states (a) with their own scenic byways programs or (b) to those that identified an agency to establish and administer such a program. State roads designated under a state program had to have scenic, historic, recreational, cultural, archaeological or natural qualities, and had to be designated through legislation or other official declaration. The Indian Pueblo Cultural Center received two National Scenic Byways Grants for a corridor management study of Route 66, from Albuquerque to Arizona and from Albuquerque to Tucumcari. These funds support preparation of the application to designate Route 66 as a State and National Scenic Byway.
The National Scenic Byways program funds scenic pullovers, special signs and added lanes to accommodate travelers, among other projects, on nationally designated Scenic Byways. New Mexico's Scenic Byways are the Billy the Kid Trail, El Camino Real, Jemez Mountain Trail and Santa Fe Trail. When NMSHTD applies for National Scenic Byways grants through the Scenic Byways Coordinator, it must have a minimum of 20% in matching funds from local governments or
private foundations available for a project when a grant application is submitted.
Projects of relevance to historic and archaeological preservation that are eligible for TEA-21 grants include the following:
- Construction along the scenic byway of facilities for the use of pedestrians and bicyclists, rest areas, turnouts, highway shoulder improvements, passing lanes, overlooks, and interpretive facilities.
- Protecting historical, archaeological and cultural resources in areas adjacent to the highways.
- Developing and providing tourist information to the public, including interpretive information about the scenic byway.
New Mexico communities with transportation-related scenic and historic sites should develop plans for their preservation that can be implemented partially with TEA-21 transportation enhancement funds and Scenic Byway grants.
Contact:
Program Coordinator NMSTD
State Scenic Highways Program
P. O. Box 1149 Santa Fe, NM 87505
(505) 820-2021
NM Division Office, Federal Highway Administration
604 W. San Mateo Road
Santa Fe, NM 87505 (505) 820-2021; 1-800-4-BYWAYS
New Mexico Scenic and Historic Byways Program
New Mexico established its own Scenic and Historic Byways Program in 1991, which is administered by the NMSHTD. Funds to protect the scenic, historic, recreational, cultural, natural and archaeological integrity of New Mexico's highways and adjacent areas are provided by the Federal Highway Administration. Annual funding is available for safety improvements, construction of pedestrian_use facilities, highway improvements to enhance scenic/historic area access, protection of historical and cultural resources, and for the development of tourist information. Criteria for nomination of a byway include the following.
- Does it possess one or more of the following characteristics: unusual or distinctive scenic, recreational, historical, educational, geographical, archaeological, natural, cultural, or ethnic features?
- Is there strong local support with proponents demonstrating coordination with relevant agencies? A road will not be designated if there is no assurance (through planning) that its scenic or historic characteristics will be preserved and enhanced.
State Scenic & Historic Byways
- Abo Pass Trail
- Billy the Kid Scenic Byways
- Camino Real Historic Trail
- Corrales Road Scenic Byway
- Dry Cimarron Scenic Byway
- Enchanted Circle Scenic Byway
- Geronimo Trail
- Gila Cliff Dwellings
- Narrow Gauge Scenic Byway
- Jemez Mountain Trail
- Lake Valley Back Country Byway
- Mesalands Scenic Byway
- Route 66 Historic Trail
- Salt Missions Trail
- Sandia Crest Scenic Byway
- Santa Fe National Historic Trail
- Sunspot Scenic Byway
- Turquoise Trail
- Wild River Back Country Byway
Local Government in Action
The City of Albuquerque established an Urban Enhancement Trust Fund (UETF), which is used to fund beautification and preservation projects in the City. The source of the fund is a 1/4 cent tax, approved by the City's voters; UETF funds have been used to (a) finance a survey of 750 homes in the Huning-Highland neighborhood, and (b) rebuild the Mountain Road Streetscape in the Sawmill/Wells Park area. Contact Capital Implementation Program (City of Albuquerque, P.O. Box 1293, Albuquerque, NM 87103; (505) 768-3830).