February 16, 2007
HOUSE BILL No. 1762
_____
DIGEST OF HB 1762
(Updated February 14, 2007 4:44 pm - DI 52)
Citations Affected: IC 14-26.
Synopsis: Permits for work on ditches and drains. Provides that a
person is not required to obtain a permit from the department of natural
resources before conducting certain work on a ditch or drain from
which water empties into a lake if: (1) the ditch or drain continues to
empty into the lake at the same location after the work is completed;
and (2) the work is conducted using best management practices for soil
and erosion control.
Effective: July 1, 2007.
January 26, 2007, read first time and referred to Committee on Natural Resources.
February 15, 2007, amended, reported _ Do Pass.
February 16, 2007
First Regular Session 115th General Assembly (2007)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in
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Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in
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NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in
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between statutes enacted by the 2006 Regular Session of the General Assembly.
HOUSE BILL No. 1762
A BILL FOR AN ACT to amend the Indiana Code concerning
natural and cultural resources.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 14-26-5-3; (07)HB1762.1.1. -->
SECTION 1. IC 14-26-5-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 3.
(a) This section
does not apply to a ditch or drain 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.