Sec. 12. (a) The department may not issue a permit for the construction of a channel into a public freshwater lake unless:

(1) the channel follows the path of a stream already in existence; or

Terms Used In Indiana Code 14-26-2-12

  • lake: means a reasonably permanent body of water that:

    Indiana Code 14-26-2-1.5

  • Property: includes personal and real property. See Indiana Code 1-1-4-5
  • public freshwater lake: means a lake that has been used by the public with the acquiescence of a riparian owner. See Indiana Code 14-26-2-3
(2) the applicant proves that fifty-one percent (51%) of the property owners abutting the shoreline of the public freshwater lake approve of the channel construction.

     (b) This section does not prevent the department from issuing a permit to construct small private drainage channels.

[Pre-1995 Recodification Citation: 13-2-11.1-7.]

As added by P.L.1-1995, SEC.19. Amended by P.L.6-2008, SEC.8.