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 (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.]
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