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.
Structure Indiana Code
Title 14. Natural and Cultural Resources
Article 21. Historic Preservation and Archeology
Chapter 1. Division of Historic Preservation and Archeology
14-21-1-1. Applicability of Chapter
14-21-1-3. "Burial Ground" Defined
14-21-1-4. "Burial Object" Defined
14-21-1-7. "Human Remains" Defined
14-21-1-8. "Plan", "Archeological Plan", and "Development Plan" Defined
14-21-1-10. "Review Board" Defined
14-21-1-10.4. "State College or University Project" Defined
14-21-1-11. Administration and Development of Programs and Policies
14-21-1-12. Duties of Division
14-21-1-13. Powers of Division
14-21-1-13.5. Survey and Registry of Indiana Burial Grounds
14-21-1-14. Duties Upon Proposed Transfers of Property by the State
14-21-1-15. Duties Regarding Registers and Federal Preservation Grants
14-21-1-16. Field Investigations or Alteration of Historic Property Without Permit
14-21-1-17. Additions to or Removals From Register
14-21-1-18.6. Publication and Submission of Proposed Substantial Changes to Historic Properties
14-21-1-19. Director as State Historic Preservation Officer
14-21-1-20. Review Board; Establishment; Members
14-21-1-21. Review Board; Chairman
14-21-1-22. Review Board; Duties
14-21-1-23. Review Board; per Diem Compensation and Traveling Expenses
14-21-1-24. Applicability of Statutes Regarding Disturbance of Grounds
14-21-1-25. Rules Concerning Standards for Plans; Action on Submitted Plans
14-21-1-25.5. Notice of Discovered Burial Ground; Recommendations
14-21-1-26. Disturbing Ground to Discover Artifacts, Burial Objects, or Human Remains; Penalty
14-21-1-26.5. Development Plan Requirements; Penalty
14-21-1-27. Duties When Buried Human Remains or Burial Grounds Are Disturbed; Penalty
14-21-1-28. Penalty for Disturbing Human Remains or Grave Markers
14-21-1-29. Duty Upon Discovering Artifacts or Burial Objects; Penalty
14-21-1-30. Amateur Groups Encouraged to Establish Codes of Ethics
14-21-1-32. Confidential Archeological Site Information
14-21-1-33. Persons Authorized to Accompany Conservation Officers to Determine Violations
14-21-1-34. Homeowner Assistance Program; Archeology Preservation Trust Fund