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Muncie, IN Historic Preservation: Historic-Cultural Monuments (2026)

Significant Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Enforcing body
Historic Preservation and Rehabilitation Commission
Certificate required for
demolition, moving, exterior alteration
Review deadline
45 days after application filed
Fine for acting without certificate
up to $1,000.00 per act
Designation threshold
petition by over 50% of area owners
Appeal path
Delaware Circuit Court / judicial review

Summary

In the City of Muncie, the Historic Preservation and Rehabilitation Commission designates buildings, sites, and multi-property areas as local historic landmarks or historic districts under City Code section 34.102. Owners inside a designated landmark, site, or district must obtain a certificate of appropriateness before demolition, moving, or exterior alteration, and skipping that step draws a fine of up to $1,000.00 per act under section 34.103.

a building, site, structure, object or other single property listed on or determined eligible for listing on the National Register of Historic Places may also be designated as a local historic landmark by an ordinance introduced by a member of the common council and approved by a majority of common council. ... The commission shall issue a certificate of appropriateness before any one or more of the following actions is taken by any property owner: demolition of a building or structures; moving a building; making changes in the exterior contours of existing buildings by additions, reconstructions, alterations, changes of material, sandblasting, or maintenance involving exterior color change; any new construction of a principal building or accessory building or structure subject to view from a public street, changes in the streetscape including radically altering pavement materials, curbs, walls, fences, walks, and lighting. ... It shall be unlawful to carry out any act for which a certificate of appropriateness is required without first acquiring the certificate. Any person who acts in such an unlawful manner shall be fined a sum not to exceed $1,000.00 for each such act.

Full Breakdown

The commission was created in 1976 from the bicentennial commission's historic preservation subcommittee and was reconstituted by Ord. No. 28-07 in 2007 (sections 34.100, 34.101). It prepares a historic preservation plan mapping candidate historic landmarks and districts, which the Common Council approves, amends, or disapproves by resolution (section 34.102(C)). A district or landmark is then created either by petition of owners holding more than 50 percent of the real estate in the area, verified by the commission within 60 days, or, for any property already listed on or eligible for the National Register of Historic Places, by an ordinance introduced by a Council member and approved by a Council majority (section 34.102(C)(1), (C)(4)).

Once an area is designated, the commission must issue a certificate of appropriateness before demolition, moving a building, exterior alterations, new construction visible from a public street, or streetscape changes such as altering pavement, curbs, walls, fences, or lighting (section 34.102(D)(1)). Applications tied to a building, demolition, sign, or moving permit are automatically treated as certificate applications, and the historic preservation officer must meet with the applicant within five working days (section 34.102(D)(2)). The commission has 45 days to approve, condition, or deny an application, guided by IC 36-7-11-4 through 36-7-11-18 and the Secretary of the Interior's Standards for Rehabilitation, or the Emily Kimbrough Historic District's own design guidelines (section 34.102(D)(1)(a), (D)(4)).

The building director may not issue a demolition permit for a listed property until a certificate is issued or a court orders otherwise on appeal (section 34.104), and commission decisions are subject to judicial review under IC 4-21.5-1 et seq. the same as a state agency decision (section 34.105).

Violations & Fines

Carrying out demolition, moving a building, or exterior alteration inside a designated Muncie historic landmark, site, or district, such as the Emily Kimbrough Historic District, without first obtaining a certificate of appropriateness violates section 34.103 and is punishable by a fine of up to $1,000.00 for each unlawful act. Separately, the building director cannot lawfully issue a demolition permit for such a property without that certificate under section 34.104.

Frequently Asked Questions

Who decides if a demolition permit can be issued for a Muncie historic landmark?
The building director cannot issue a demolition permit for property inside a designated historic preservation district, site, or landmark until the Historic Preservation and Rehabilitation Commission first issues a certificate of appropriateness under City Code section 34.104, or a court orders it after an appeal of a commission denial.
How does a property become a local historic landmark in Muncie?
Owners of more than 50 percent of the real estate in an area covered by the city's historic preservation plan can petition the Common Council, or the Council can designate any property already listed on or eligible for the National Register by ordinance, under section 34.102(C).
What happens if I alter a landmark's exterior without approval?
You are subject to a fine of up to $1,000.00 for each unlawful act under section 34.103, since the work violates the certificate-of-appropriateness requirement set out in section 34.102(D).
Can a certificate of appropriateness denial be appealed?
Yes. Section 34.105 makes commission decisions subject to judicial review under IC 4-21.5-1 et seq., the same standard applied to state agency decisions, and section 34.102(D)(4) allows an appeal the same way appeals proceed from the building commissioner.

Sources & Official References

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