312 IAC 20-4-11 - Letters of clearance
Authority: IC 14-10-2-4; IC 14-21-1-31
Affected: IC 14-9; IC 14-21-1
Sec. 11.
(a) The
division director shall issue a letter of clearance, and exempt an applicant
from obtaining a certificate of approval under section 9 of this rule, where
the division director concludes, after reviewing an application, that there are
no known state-owned historic sites or historic structures that are eligible
for inclusion or listed on the National Register or Indiana register in the
project area.
(b) The division
director shall also issue a letter of clearance, and exempt an applicant from
obtaining a certificate of approval under section 9 of this rule, where the
division director concludes, after reviewing an application, that there are no
nonstate-owned historic sites or structures listed on the National Register or
Indiana register in the project area, if the project is funded, in whole or in
part, by the state.
(c) The
division director may issue a letter of clearance, and exempt an applicant from
obtaining a certificate of approval under section 9 of this rule, where the
division director concludes, after reviewing an application, that there will be
no adverse impact on any known state-owned historic site or historic structure
that is eligible for inclusion or listed on the National Register or Indiana
register in the project area.
(d)
The division director may also issue a letter of clearance, and exempt an
applicant from obtaining a certificate of approval under section 9 of this
rule, where the division director concludes, after reviewing an application,
that there will be no adverse impact on any known historic site or historic
structure that is not state-owned and is listed on the National Register or
Indiana register, if the project is funded, in whole or in part, by the
state.
(e) In determining whether
there will be an adverse impact under subsection (c) or (d), the division
director shall consider whether the changes proposed in an application meet the
following:
(1) 36 CFR Part 68 (July 1, 2009)
and "The Secretary of the Interior's Standards for the Treatment of Historic
Properties with Guidelines for Preserving, Rehabilitating, Restoring, and
Reconstructing Historic Buildings" (U.S. Department of the Interior, National
Park Service, Washington, D.C., 1995).
(2) "The Secretary of the Interior's
Standards for Rehabilitation and Guidelines for Rehabilitating Historic
Buildings" (U.S. Department of the Interior, National Park Service, Washington,
D.C., 1990).
(3) "The Secretary of
the Interior's Standards for the Treatment of Historic Properties with
Guidelines for the Treatment of Cultural Landscapes" (U.S. Department of the
Interior, National Park Service, Washington, D.C., 1996).
(4) "The Secretary of the Interior's
Standards and Guidelines for Archeology and Historic Preservation" at 48 FR
44716.
(5) 312 IAC 21.
(f) Activities that would have an
adverse impact include the following:
(1)
Removing all or part of a historic structure from its original
location.
(2) Demolishing all or
part of a historic site or a historic structure.
(3) Introducing new permanent elements not in
keeping with the setting of a historic site or historic structure.
(4) Introducing new permanent exterior or
interior features to a historic structure that are not in keeping with the
features of the structure that contribute to its eligibility or listing in the
National Register or Indiana register.
(5) Disturbing the soil of an archaeological
site in a manner that does not conform to 312 IAC 21 and 312 IAC 22.
(6) Similar activities that the division
director determines have an adverse impact.
(g) The division director shall provide
notice by e-mail or U.S. mail of the decision to grant a letter of clearance to
interested persons. Any member of the public may request to be placed on a list
of interested persons maintained by the division. An interested person may,
under 312 IAC 2-3, obtain a review by a designated member of the review board
of the decision if the request for review is filed with the division within
fifteen (15) days after the decision is issued. The designated member shall
decide whether an application for a certificate of approval should be filed. If
the member decides that an application should be filed, the division shall
place the completed application on the agenda of the next meeting of the review
board. If the member decides that an application for a certificate is not
required, the letter of clearance is affirmed. A determination under this
subsection is not effective until the later of the following:
(1) Fifteen (15) days after issuance of the
determination.
(2) The day
resulting from a notice given under
312
IAC 2-3-7(d).
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.