State Project Review
Indiana State Law Historic Preservation Review
Indiana does not have a review process that mirrors Section 106; however, there are some specialized kinds of reviews that collectively provide protection to historic properties on state-owned or leased land or to historic properties that are listed in the National Register of Historic Places or the Indiana Register of Historic Sites and Structures and that will be altered, demolished, or removed using state funds. The Indiana review processes are established in sections 14, 16, and 18 of Indiana Code 14-21-1.
Section 14
Before real property owned by the state may be sold or transferred, the Indiana Department of Administration (IDOA) must notify DHPA at least 90 days before the proposed transfer. The DHPA must advise IDOA of the location of any historic sites or structures on the property. IDOA will then reserve control of the historic property through a covenant or easement. This provision does not apply to real property owned by a state educational institution.
Section 16
A permit is required before a field investigation is conducted or a historic property is altered within the boundaries of land owned or leased by the state.
Section 18
Before a historic site or structure owned by the state or a historic site or structure listed in the Indiana Register of Historic Sites and Structures or the National Register of Historic Places may be altered, demolished, or removed by a project funded in whole or in part by the state, a certificate of approval must be obtained from the Indiana Historic Preservation Review Board. Separate advisory reviews by the DHPA are required in place of the Certificate of Approval requirement, for state college or university projects involving the substantial alteration, demolition, or removal of a historic site or historic structure.
Section 26.5
Cemetery development plans are required for projects that will disturb the ground within 100 feet of a cemetery or burial ground for the purpose of excavating or covering over the ground or erecting, altering, or repairing any structure. This also applies to abandoned sites with no grave markers remaining. All known cemeteries are included in SHAARD and the IHBBC Map. Please note that the review period for cemetery development plans is 60 days.
Anyone proposing to conduct a project that may require review under state law can contact Chad Slider, Assistant Director of Environmental Review, 317-234-5366 regarding questions on submission requirements.
Historic Properties are often recorded in accordance with the DHPA Minimum Architectural Documentation Standards when a project will unavoidably alter, demolish, or remove an historic structure, as one aspect of the mitigation.
