Sec. 3. (a) The commission shall adopt rules under IC 4-22-2 for the designation of streams or parts of streams as recreational streams. (b) Before a hearing on the designation of a stream as a recreational stream and in addition to the notification requirements under IC 4-22-2 , the commission shall do the following: (1) Publish notice at least twenty-one (21) days before the hearing in a newspaper of general circulation in the county where a stream is located that the commission proposes to designate the stream as a recreational stream. The notice must state the time and place of the hearing. (2) Conduct a separate hearing in each county where a stream is proposed to be designated as a recreational stream. (c) If a stream: (1) is located wholly within one (1) county; and (2) is a regulated drain under IC 36-9-27 ; the county drainage board must concur in the designation before final adoption of the rule. [Pre-1995 Recodification Citation: 13-2-33-5.]
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