Indiana § 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

Indiana Statutes

§ 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

Indiana § 14-21-1-18

Art. 21HISTORIC PRESERVATION AND

Ch. 1Division of Historic Preservation and Archeology

This text of Indiana § 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) is published on Counsel Stack Legal Research, covering Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ind. Code § 14-21-1-18 (2026).

Text

(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 histor

Free access — add to your briefcase to read the full text and ask questions with AI

(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.]

Legislative History

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.