Sec. 3. (a) A person is not required to obtain a permit from the department for a ditch or drain under this section 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.]
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