Frequently Asked Questions
Lyman Hoyt House
Lancaster, IN
Q: I want to do something to my historic home or structure. Do I need approval from the DHPA?
A: If the project is being funded by a grant awarded by our office or you intend to utilize rehabilitation tax credits, you should contact the
Grants or Tax Credit Sections for guidance on how to proceed. However, if you are using private funds to alter a feature of your home, you DO NOT need approval from the DHPA. A common misconception is that if your house is listed in the National Register you have to get approval for such changes. The National Register of Historic Places is designed to honor owners of historic properties not monitor changes. Local historic districts/commissions are the entities that require approval before alterations can be made to historic houses. Check with your local government to determine if you are in a local historic district.
Q: Is my property eligible for the National Register of Historic Places?
A: To qualify for the National Register of Historic Places, a property should be at least fifty years old and have significance at the local, state, or national level in at least one of the following criteria:
- Events: Properties associated with a particular place or event in time that was important to our history.
- Persons: Properties associated with events that were important to our history.
- Design: Buildings, structures, or objects with architectural or engineering importance. They may be examples of a type, period, or method of construction, or they may be the work of a master, or possess high artistic value. Groupings of properties may share a common heritage, such as a historic district.
- Information: Resources that have yielded, or may yield in the future, important information about our prehistory or history.
In addition to meeting at least one of these four criteria, a property must also have integrity. For more information about the National Register click here.
Q: Are archaeological sites and human burial sites protected in Indiana?
A: YES. The Indiana Historic Preservation Act (IC 14-21-1), as amended by Public Law 175 in 1989, provides protection for archaeological sites and historic burial sites regardless of their location on state or private lands. All archaeological sites with artifacts dating before December 11, 1816, are protected under this act. Human burial sites are afforded protection under IC 14-21-1, IC 14-21-2, IC 23-14 (Indiana General Cemetery Act), and others.
Q: Is it legal to disturb the ground for the purpose of obtaining artifacts or human remains?
A: IC 14-21-1, as amended by Public Law 175 in 1989, makes it clear that no person can disturb archaeological sites with artifacts dating before Dec. 11, 1816 or human remains dating on or before Dec. 31, 1939, without an approved permit from the Indiana Department of Natural Resources (IDNR).
Q: If I see or know of looting of an archaeological site, whom should I contact?
A: Any disturbance, vandalism, or looting of an archaeological site should be reported immediately to either local law enforcement officials (who will then contact Conservation Officers) or the Division of Historic Preservation and Archaeology.
Q: What should I do if I discover human remains or know of disturbance to a human burial site?
A: Any discovery of human remains or possible human remains should be left undisturbed and reported to the IDNR, Division of Law Enforcement, or the IDNR, Division of Historic Preservation and Archaeology as soon as possible.
Q: What is a Section 106 review?
A: Section 106 of the National Historic Preservation Act of 1966, as amended (16 USC 470f) and the federal regulations that implement Section 106 (36 CFR Part 800) require that whenever any federal agency proposes to conduct, fund, license, grant a permit for, or otherwise approve an undertaking (a program, project, or activity) that by its nature has the potential to affect historic properties, the federal agency must conduct a review of the proposed project's effects in onjunction with the State Historic Preservation Officer and, under certain circumstances, with another federal agency, the Advisory Council on Historic Preservation (the Council), and other interested individuals or organizations, called consulting parties. If there are historic properties that will be affected, then the federal agency must take into account the undertaking's effects on historic properties before approving the undertaking and give the Council a reasonable opportunity to comment on the federal agency's findings. Section 106 is not a permitting process; rather, it is a process of good faith consultation and comment. Also, see our Section 106 page for more information.
