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14-26-5-3. Permit required for certain work on ditches and drains; exception

IN Code § 14-26-5-3 (2019) (N/A)
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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.

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14-26-5-2. "Normal water level of a lake" defined
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14-26-5-4. Request for permits; fees