2023 Indiana Code › Title 14. Natural and Cultural Resources › Article 21. Historic Preservation and Archeology › Chapter 1. Division of Historic Preservation and Archeology › 14-21-1-18. Alteration of Historic Sites or Structures; Certificate of Approval; Exceptions; Survey of Historic Sites and Structures; Advisory Report; Federally Funded Construction Projects

Sec. 18. (a) A:
(1) historic site or historic structure owned by the state; or
(2) historic site or historic structure listed on the state or national register;
may not be altered, demolished, or removed by a project funded, in whole or in part, by the state unless the review board has granted a certificate of approval.
(b) An application for a certificate of approval:
(1) must be filed with the division; and
(2) shall be granted or rejected by the review board after a public hearing.
(c) Subsections (a) and (b) do not apply to real property that is owned by a state educational institution.
(d) The commission for higher education and each state educational institution, in cooperation with the division of historic preservation and archeology, shall develop and continually maintain a survey of historic sites and historic structures owned by the state educational institution. Historic sites and historic structures include buildings, structures, outdoor sculpture, designed landscapes, gardens, archeological sites, cemeteries, campus plans, and historic districts. A survey developed under this subsection must conform with the Indiana Historic Sites and Structures Survey Manual.
(e) Not more than thirty (30) days after a state educational institution, under section 18.6 of this chapter, submits to the division a description of a proposed project that involves the substantial alteration, demolition, or removal of a historic site or historic structure, the state historic preservation officer shall:
(1) review the description of the proposed project; and
(2) submit to the state educational institution an advisory report concerning the proposed project.
The state educational institution shall review and consider the advisory report before proceeding with the substantial alteration, demolition, or removal of a historic site or historic structure.
(f) Subsections (a) and (b) do not apply to a construction project that is funded, in whole or in part, by the state if the project involves the substantial alteration, demolition, or removal of a road or a sidewalk within the boundaries of the property of a historic site or a historic structure.
(g) A person who intends to perform a construction project described in subsection (f) at a historic site or a historic structure shall submit an application for a certificate of approval with the division before beginning work on the construction project. Not later than thirty (30) days after the date the person submits an application for a certificate of approval, the division must issue a determination that the construction project:
(1) does not have an adverse impact on the historic site or the historic structure; or
(2) has an adverse impact on the historic site or the historic structure.
If the division determines that the proposed construction project meets the criteria in subdivision (1), the person may begin work on the road or sidewalk described in subsection (f) at the historic site or the historic structure. If the division determines under subdivision (2) that the construction project would have an adverse impact, the person may not begin work on the construction project described in subsection (f) at the historic site or the historic structure. However, if the division does not issue a determination under this subsection within thirty (30) days after the date the person submits an application for a certificate of approval, the person may begin work on the construction project described in subsection (f).
(h) Subsection (g) does not apply to a construction project described in subsection (f) that is funded, in whole or in part, by the federal government.
[Pre-1995 Recodification Citation: 14-3-3.4-9.]
As added by P.L.1-1995, SEC.14. Amended by P.L.135-1996, SEC.4; P.L.54-1997, SEC.8; P.L.28-2004, SEC.130; P.L.2-2007, SEC.172; P.L.130-2018, SEC.75; P.L.169-2018, SEC.1.