Sec. 3. (a) This section does not apply to a ditch or drain if:
(1) water from the ditch or drain empties into a lake before activities referred to in subsection (b) begin;
(2) water from the ditch or drain continues to empty into the lake at the same location after the activities are completed; and
(3) the activities are conducted using best management practices for soil and erosion control.
(b) A person may not:
(1) locate, make, dig, dredge, construct, reconstruct, repair, or reclean; or
(2) order or recommend the location, establishment, construction, reconstruction, repair, or recleaning of;
a ditch or drain having a bottom depth lower than the normal water level of a lake within one-half (1/2) mile of the lake without a permit from the department.
[Pre-1995 Recodification Citation: 13-2-15-1(a) part.]
As added by P.L.1-1995, SEC.19. Amended by P.L.28-2007, SEC.1.
Structure Indiana Code
Title 14. Natural and Cultural Resources
Article 26. Lakes and Reservoirs
Chapter 5. Lowering of Ten Acre Lakes
14-26-5-1. Applicability of Chapter
14-26-5-2. "Normal Water Level of a Lake" Defined
14-26-5-3. Permit Required for Certain Work on Ditches and Drains; Exception
14-26-5-4. Request for Permits; Fees
14-26-5-5. Permits; Investigation Upon Request
14-26-5-7.4. Time Requirements for Approval or Refusal of Permit Request
14-26-5-7.6. Refusal of Permit Request; Notice and Hearing
14-26-5-8. Permits; Expiration
14-26-5-9. Permits, Posting, Keeping
14-26-5-10. Complaints; Filing
14-26-5-11. Complaints; Contents
14-26-5-12. Complaints; Service of Summons
14-26-5-13. Intervention in Proceedings