Indiana § 36-7-11.1-8 Permits for work; application; certificate of appropriateness

Indiana Statutes

§ 36-7-11.1-8 — Permits for work; application; certificate of appropriateness

Indiana § 36-7-11.1-8

Title 36LOCAL GOVERNMENT

Art. 7PLANNING AND DEVELOPMENT

Ch. 11.1Historic Preservation in Marion County

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Bluebook

Ind. Code § 36-7-11.1-8 (2026).

Text

(a)After adoption of the historic preservation plan for any historic area, permits may be issued by the department of metropolitan development for the construction of any structure in the area or the reconstruction, alteration, or demolition of any structure in the area only if the application for the permit is accompanied by a certificate of appropriateness issued under section 10 of this chapter.

(b)Notwithstanding subsection (a), if the historic preservation plan for the historic area specifically exempts certain categories of work involving the construction, reconstruction, alteration, or demolition of structures in that area from the requirement that a certificate of appropriateness be issued, then a permit for the work may be obtained from the department of metropolitan development

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(a) After adoption of the historic preservation
plan for any historic area, permits may be issued by the department of
metropolitan development for the construction of any structure in the
area or the reconstruction, alteration, or demolition of any structure in
the area only if the application for the permit is accompanied by a
certificate of appropriateness issued under section 10 of this chapter.
(b) Notwithstanding subsection (a), if the historic preservation plan
for the historic area specifically exempts certain categories of work
involving the construction, reconstruction, alteration, or demolition of
structures in that area from the requirement that a certificate of
appropriateness be issued, then a permit for the work may be obtained
from the department of metropolitan development without the issuance
of a certificate of appropriateness.
(c) After the adoption of the historic preservation plan for any area,
all governmental agencies shall be guided by and give due
consideration to the plan in any official acts affecting the area.
(d) On application by any governmental agency or interested party
in accordance with section 9 of this chapter, the commission shall make
a determination of the appropriateness of any proposed governmental
action affecting a historic area. Any official action in conflict with the
plan or determined by the commission to be inappropriate is presumed
to be not in the public interest and is subject to the enforcement
provisions of section 12 of this chapter.
(e) The commission's determination of appropriateness is a
prerequisite to any governmental order or action to alter or demolish
any designated historic site or any structure in a historic area. No
rezoning or variance applicable to a historic area, or any part of it, may
be approved by the metropolitan development commission or granted
by a board of zoning appeals, except on the commission's prior
issuance of a certificate of appropriateness.
As added by Acts 1982, P.L.77, SEC.6.