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

   1. (1) the channel follows the path of a stream already in existence; or
   2. (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.

2. (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.