1. (a) Notwithstanding any other provision of law but subject to section 11 of this chapter, the department may not authorize:

   1. (1) the changing of the level;
   2. (2) the dredging, other than to maintain channels or construct sea walls, beaches, or near-shore access improvements on a lot by lot basis; or

   3. (3) the mining;

      of a public freshwater lake without giving notice and the opportunity for a public hearing at the county seat of the county in which the public freshwater lake is located.

2. (b) The notice must:

   1. (1) generally describe the project for which a permit has been requested to authorize;
   2. (2) state that the public has a right to request that a hearing be held on the proposed project;
   3. (3) state that persons interested in or affected by the proposed project may speak at the hearing; and
   4. (4) be published two (2) times, seven (7) days apart, in two (2) daily newspapers in the county in which the public freshwater lake is located, in the manner prescribed by IC 5-3-1 .

3. (c) If a hearing is requested within ten (10) days after the final publication of the notice, the department shall do the following:

   1. (1) Hold a public hearing in the manner stated in the notice.
   2. (2) Give notice of the date, time, and place of the hearing as prescribed in subsection (b).

   3. (3) Consider the public comments concerning the proposed project before the department makes a decision concerning the proposal.

      [Pre-1995 Recodification Citation: 13-2-11.1-6(a), (b), (c).]

As added by P.L.1-1995, SEC.19. Amended by P.L.6-2008, SEC.7.