§ 14-26-2-10 — Notice and hearing

Indiana § 14-26-2-10

• Jurisdiction: Indiana
• Art. 26: LAKES AND RESERVOIRS
• Ch. 2: Lake Preservation

Text

(a) Notwithstanding any other provision of
law but subject to section 11 of this chapter, the department may not
authorize:
(1) the changing of the level;
(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) 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.
(b) The notice must:
(1) generally describe the project for which a permit has been
requested to authorize;
(2) state that the public has a right to request that a hearing be
held on the proposed project;
(3) state that persons interested in or affected by the proposed
project may speak at the hearing; and
(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.
(c) If a hearing is requested within ten (10) days after the final
publication of the notice, the department shall do the following:
(1) Hold a public hearing in the manner stated in the notice.
(2) Give notice of the date, time, and place of the hearing as
prescribed in subsection (b).
(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).]

Legislative History

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