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State Law Historic Preservation Reviews
Indiana does not have a review process that is the mirror image of 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.
Before real property owned by the state may be sold or transferred, the Indiana Department of Administration must notify DHPA at least 90 days before the proposed transfer. The DHPA must advise Administration of the location of any historic sites or structures on the property. Administration 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.
A permit is required before a field investigation is conducted or an historic property is altered within the boundaries of land owned or leased by the state.
Before an historic site or structure owned by the state or an 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 Historic Preservation Review Board. Separate advisory reviews by the SHPO are required, in place of the certificate of approval requirement, for state college or university projects involving the substantial alteration, demolition, or removal of an historic site or historic structure.
Anyone proposing to conduct a project that appears to require a review under Section 14, 16, or 18 is encouraged to call DHPA first to discuss the kinds of information that will be required for the review.