HB4207 EngrossedLRB103 35030 MXP 64960 b

1    AN ACT concerning transportation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Rivers, Lakes, and Streams Act is amended
5by adding Section 18k as follows:
 
6    (615 ILCS 5/18k new)
7    Sec. 18k. National Flood Insurance Program; State agency
8requirements.
9    (a) As used in this Section:
10    "Department" means the Department of Natural Resources.
11    "Development" and "developed" mean any human-made change
12to real estate, including, but not limited to:
13        (1) demolition, construction, reconstruction, repair,
14    placement of a building, or any structural alteration to a
15    building;
16        (2) substantial improvement of an existing building;
17        (3) installation of a manufactured home on a site,
18    preparing a site for a manufactured home, or installing a
19    travel trailer on a site for more than 180 days per year;
20        (4) installation of utilities or construction of
21    roads, bridges, culverts, or similar projects;
22        (5) redevelopment of a site, clearing of land as an
23    adjunct of construction, or construction or erection of

 

 

HB4207 Engrossed- 2 -LRB103 35030 MXP 64960 b

1    levees, dams, walls, or fences;
2        (6) drilling, mining, filling, dredging, grading,
3    excavation, paving, or other alterations of the ground
4    surface;
5        (7) storage of materials, including the placement of
6    gas or liquid storage tanks, and channel modifications or
7    any other activity that might change the direction,
8    height, or velocity of flood or surface waters.
9    "Development" and "developed" do not include resurfacing
10of pavement that does not result in an increase in elevation;
11construction of farm fencing; or gardening, plowing, and
12similar practices that do not involve filling, grading, or
13construction of levees.
14    "Special flood hazard area" means an area that has special
15flood, mudflow, or flood-related erosion hazards and that is
16shown on a Federal Emergency Management Agency Flood Hazard
17Boundary Map or Flood Insurance Rate Map as Zone A, AO, A1-A30,
18AE, A99, AH, AR, AR/A, AR/AE, AR/AH, AR/AO, AR/A1-A30, V1-V30,
19VE, or V.
20    "State agency" means any department, commission, board, or
21agency under the jurisdiction of the Governor; any board,
22commission, agency, or authority which has a majority of its
23members appointed by the Governor; and the Governor's Office.
24    (b) The Department shall ensure that State agencies comply
25with National Flood Insurance Program requirements set forth
26in this Section.

 

 

HB4207 Engrossed- 3 -LRB103 35030 MXP 64960 b

1    (c) All State agencies shall obtain a special flood hazard
2area development permit before undertaking development
3activity on State-owned property that is located in a special
4flood hazard area. The Department shall adopt rules
5establishing a State special flood hazard area development
6program to ensure the following via the issuance of permits
7prior to any State agency development within a special flood
8hazard area:
9        (1) review of all proposed new development in a
10    special flood hazard area to ensure compliance with the
11    standards set forth in the administrative rules;
12        (2) monitoring and inspecting developments currently
13    under construction in a special flood hazard area to
14    ensure compliance with the standards set forth in the
15    administrative rules;
16        (3) correction, to the extent reasonably practical in
17    the sole determination of the Department, of all previous
18    development in a special flood hazard area found not to be
19    in compliance with the standards set forth in the
20    administrative rules; and
21        (4) adoption of standards in the administrative rules
22    that, at a minimum, are as stringent as the federal
23    regulations that are promulgated by the Federal Emergency
24    Management Agency to implement the National Flood
25    Insurance Act (42 U.S.C. 4001 et seq.) and that are
26    published in 44 CFR 59 through 60.

 

 

HB4207 Engrossed- 4 -LRB103 35030 MXP 64960 b

1    (d) State agencies that administer grants or loans for
2financing a development within a special flood hazard area
3shall cooperate with the Department to ensure that
4participants in their programs are informed of the existence
5and location of special flood hazard areas and of any State or
6local floodplain requirements that are in effect in those
7areas.
8    (e) State agencies that are responsible for regulating or
9permitting a development within a special flood hazard area
10shall cooperate with the Department to ensure that
11participants in their programs are informed of the existence
12and location of special flood hazard areas and of any State or
13local floodplain requirements that are in effect in those
14areas.
15    (f) State agencies that are engaged in planning programs
16or promoting a program for a development within a special
17flood hazard area shall cooperate with the Department to
18ensure that participants in their programs are informed of the
19existence and location of special flood hazard areas and of
20any State or local floodplain requirements in effect in those
21areas.
22    (g) The Department shall provide available special flood
23hazard area information to assist State agencies in complying
24with the requirements established by this Section. The
25Department may enter into a memorandum of understanding with a
26State agency to outline procedures and processes to review

 

 

HB4207 Engrossed- 5 -LRB103 35030 MXP 64960 b

1proposed development activity on State-owned property located
2in a special flood hazard area. Such a memorandum of
3understanding may allow for alternative approvals for the
4issuance of permits. If the Department enters into a
5memorandum of understanding with a State agency to allow an
6alternative permit process, any permits or work completed
7under those alternatives is subject to audit and review by the
8Department.