1. (a) A person is not required to obtain a permit from the department for a ditch or drain under this section if:

   1. (1) water from the ditch or drain empties into a lake before activities referred to in subsection (b) begin;
   2. (2) water from the ditch or drain continues to empty into the lake at the same location after the activities are completed; and
   3. (3) the activities are conducted using best management practices for soil and erosion control.

2. (b) A person may not:

   1. (1) locate, make, dig, dredge, construct, reconstruct, repair, or reclean; or

   2. (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.]

As added by P.L.1-1995, SEC.19. Amended by P.L.28-2007, SEC.1; P.L.164-2024, SEC.13.