Historic Preservation & Land Protection

We represent property owners, community groups, and tribes in matters involving historic designation, site protection, and Section 106 review. Whether you’re defending a historic structure from demolition or pursuing recognition for a cultural site, we provide legal support grounded in heritage and law.

Key Aspects of Historic Preservation & Land Protection

• Historic Designation
  Advising on National Register of Historic Places nominations, State Register listings, and local landmark processes.
• Section 106 Review
  Guiding federal, state, and tribal agencies—and their project proponents—through NHPA Section 106 consultation, ensuring compliance and meaningful tribal and public input.
• State & Local Protections
  Navigating New Mexico’s Cultural Properties Act, Archaeological Protection Act, and municipal historic‐preservation ordinances to secure and enforce site protections.
• Preservation Easements & Covenants
  Drafting and negotiating perpetual easements, restrictive covenants, and maintenance agreements that safeguard historic character.
• Tribal Cultural Resource Law
  Partnering with Tribal Historic Preservation Offices to protect ancestral sites, integrate tribal review protocols, and address repatriation or stewardship questions.

Common Challenges & Navigational Issues

• Complex Regulatory Web
  Projects may trigger simultaneous reviews under federal, state, tribal, and local preservation laws, each with distinct timelines and stakeholder requirements.
• Development vs. Preservation Tensions
  Balancing owners’ redevelopment goals with community and tribal interests often requires creative mitigation strategies and design adjustments.
• Public & Tribal Consultation
  Ensuring adequate notice, meaningful comment periods, and respectful handling of sensitive cultural information can make or break project approvals.
• Mitigation & Memoranda of Agreement
  Negotiating MOAs that satisfy SHPO, THPO, ACHP, and other parties demands precise legal drafting and technical understanding of mitigation measures.
• Funding & Incentives
  Securing historic‐preservation tax credits, grants, or low‐interest loans hinges on both legal structuring and timely application to funding programs.

Why Specialized Counsel Matters

• Streamlined Section 106 Process
  We manage consultation schedules, draft effect‐finding reports, and negotiate MOAs to keep your project on track.
• Strategic Designation Advocacy
  From initial research to public‐hearing representation, we champion your nomination before state and local commissions.
• Tailored Preservation Easements
  Our team crafts enforceable easements that reflect your goals—balancing protection with future flexibility.
• Tribal Partnership & Compliance
  Leveraging deep relationships with THPOs, we integrate tribal perspectives into all phases of review and site‐management planning.
• Maximizing Incentives
  We guide clients through the application and compliance requirements for federal and state tax credits, grants, and other preservation funding.

Protect your site’s legacy and unlock the benefits of preservation. Contact Baca & Stone to discuss comprehensive strategies for historic protection and land‐use compliance.