312 IAC 20-5-4 Listing and removal of properties from the Indiana register

Sec. 4. (a) Additions and removals from the Indiana register are governed by IC 14-21-1-17, 312 IAC 2-3-1, and this section. (b) The Indiana register includes any site listed by the board: (1) on the effective date of this rule; or (2) under this section. (c) A property included on the National Register after the effective date of this rule is also automatically listed on the Indiana register unless: (1) the board or division otherwise specifies; or (2) the listing is made unilaterally by the federal government without approval by the board. (d) This subsection governs petitions to list a property on the Indiana register, including the following: (1) A person may, in writing, petition the division to list a site on the Indiana register. The petition must include adequate photographic and written documentation to support listing, including the significance of the property and its current physical condition. (2) If the division determines the property meets the minimum criteria for listing, the division will issue a letter to indicate the property is being considered for listing and providing at least thirty (30) days for comment or objections to the following persons: (A) The property owner. (B) The chief elected official. (C) The board of county commissioners. (D) Any other person who requests notification. (3) If an objection is not received within the comment period, without intervention of the board, the division shall list the property on the Indiana register and notify the persons described in subdivision (2). (4) If timely objections are received, a designated member or members of the board will conduct a hearing under 312 IAC 2-3-1 to consider the objections. The board shall consider the recommendations of any hearing officer before determining whether to list the property. (e) A property may be removed from the Indiana register if it either: (1) ceases to demonstrate the characteristics that originally made the property eligible for the Indiana register; or (2) was listed as a result of a procedural error during the listing process. (f) Administrative review of a determination under subsection (b) is governed by IC 4-21.5 and 312 IAC 3-1.