Indiana § 36-7-11-8.5 - Interim protection

§ 36-7-11-8.5. Interim protection

Sec. 8.5. (a) When submitting a map to the legislative body under section 7 or 8 of this chapter, the commission may declare one (1) or more buildings or structures that are classified and designated as historic on the map to be under interim protection.

(b) Not more than two (2) working days after declaring a building or structure to be under interim protection under this section, the commission shall, by personal delivery or first class mail, provide the owner or occupant of the building or structure with a written notice of the declaration. The written notice must:

(1) cite the authority of the commission to put the building or structure under interim protection under this section;

(2) explain the effect of putting the building or structure under interim protection; and

(3) indicate that the interim protection is temporary.

(c) A building or structure put under interim protection under subsection (a) remains under interim protection until:

(1) in a county other than a county described in subdivision (2), the map is:

(A) submitted to; and

(B) approved in an ordinance or rejected by;

the legislative body of the unit; or

(2) in a county having a population of more than two hundred fifty thousand (250,000) and less than three hundred thousand (300,000), the earlier of:

(A) thirty (30) days after the building or structure is declared to be under interim protection; or

(B) the date the map is:

(i) submitted to; and

(ii) approved in an ordinance or rejected by;

the legislative body of the unit.

(d) While a building or structure is under interim protection under this section:

(1) the building or structure may not be demolished or moved; and

(2) the exterior appearance of the building or structure may not be conspicuously changed by:

(A) addition;

(B) reconstruction; or

(C) alteration.

As added by P.L.227-1997, SEC.9. Amended by P.L.158-2001, SEC.3; P.L.119-2012, SEC.201; P.L.104-2022, SEC.182.