Section 312IAC20-4-11. Letters of clearance

   (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).

(Natural Resources Commission; 312 IAC 20-4-11; filed Dec 10, 2010, 10:40 a.m.: 20110105-IR-312100042FRA; readopted filed Sep 19, 2013, 10:16 a.m.: 20131016-IR-312130184RFA)