(A) Review form.
(1) (a) All owners/developers proposing to subdivide lands in Valencia County shall submit a review form outlining cultural properties, archaeological sites, and unmarked human burials with the boundaries of the proposed subdivision.
(b) This review form shall be adopted by the Board of County Commissioners as part of the supplemental guidelines.
(c) The completed review form shall be approved or disapproved by the Board of County Commissioners or its designees as part of the subdivision review process.
(2) The review form shall evidence that:
(a) An archeological resources inventory survey has been completed within the proposed site and Historic Preservation Division clearance demonstrated; and
(b) The survey shall consist of:
1. Research and analysis of the state register of cultural properties maintained by the State of New Mexico Historic Preservation Division;
2. Research and analysis of the Archeological Records Management System (ARMS) site files; and
3. One hundred percent Pedestrian (BLM class 3 ground) survey.
(B) Unmarked human burials.
(1) According to state policy, any human burial in the state in any unmarked burial ground is accorded the protection of law and shall receive appropriate and respectful treatment and disposition.
(2) All subdividers shall comply with the requirements of NMSA § 18-6-11.2, which prohibits the knowing, willful and intentional excavation, removal, disturbance, or destruction of any human burial, buried, entombed, or sepulchered in any unmarked burial ground except authority of a permit issued by the state medical investigator or by the state cultural properties review committee with the concurrence of the state archaeologist and state historic preservation officer.
(C) Registered cultural properties. Any person desiring to subdivide land in the county shall comply with the Cultural Properties Act, NMSA §§ 18-6-1 et seq.
(D) Variances. The Board of County Commissioners may grant a variance from the standards and requirements of these regulations where, because of exceptional physical conditions of the land, the strict application of these regulations would result in a practical difficulty or unnecessary hardship that would deprive the subdivider of the reasonable use of the land.
(Ord. passed 5-1-2000) Penalty, see § 151.999