Indiana Administrative Code › Title 312 - NATURAL RESOURCES COMMISSION › Article 20 - HISTORIC PRESERVATION REVIEW BOARD › Rule 4 - Historic Sites and Historic Structures › Section 4-11 - Letters of clearance

Current through July 10, 2024
Authority: IC 14-10-2-4; IC 14-21-1-31
Affected: IC 14-9; IC 14-21-1
Sec. 11.
(a) The
				division director shall issue a letter of clearance, and exempt an applicant
				from obtaining a certificate of approval under section 9 of this rule, where
				the division director concludes, after reviewing an application, that there are
				no known state-owned historic sites or historic structures that are eligible
				for inclusion or listed on the National Register or Indiana register in the
				project area.
(b) The division
				director shall also issue a letter of clearance, and exempt an applicant from
				obtaining a certificate of approval under section 9 of this rule, where the
				division director concludes, after reviewing an application, that there are no
				nonstate-owned historic sites or structures listed on the National Register or
				Indiana register in the project area, if the project is funded, in whole or in
				part, by the state.
(c) The
				division director may issue a letter of clearance, and exempt an applicant from
				obtaining a certificate of approval under section 9 of this rule, where the
				division director concludes, after reviewing an application, that there will be
				no adverse impact on any known state-owned historic site or historic structure
				that is eligible for inclusion or listed on the National Register or Indiana
				register in the project area.
(d)
				The division director may also issue a letter of clearance, and exempt an
				applicant from obtaining a certificate of approval under section 9 of this
				rule, where the division director concludes, after reviewing an application,
				that there will be no adverse impact on any known historic site or historic
				structure that is not state-owned and is listed on the National Register or
				Indiana register, if the project is funded, in whole or in part, by the
				state.
(e) In determining whether
				there will be an adverse impact under subsection (c) or (d), the division
				director shall consider whether the changes proposed in an application meet the
				following:
(1) 36 CFR Part 68 (July 1, 2009)
				and "The Secretary of the Interior's Standards for the Treatment of Historic
				Properties with Guidelines for Preserving, Rehabilitating, Restoring, and
				Reconstructing Historic Buildings" (U.S. Department of the Interior, National
				Park Service, Washington, D.C., 1995).
(2) "The Secretary of the Interior's
				Standards for Rehabilitation and Guidelines for Rehabilitating Historic
				Buildings" (U.S. Department of the Interior, National Park Service, Washington,
				D.C., 1990).
(3) "The Secretary of
				the Interior's Standards for the Treatment of Historic Properties with
				Guidelines for the Treatment of Cultural Landscapes" (U.S. Department of the
				Interior, National Park Service, Washington, D.C., 1996).
(4) "The Secretary of the Interior's
				Standards and Guidelines for Archeology and Historic Preservation" at 48 FR
				44716.
(5) 312 IAC 21.