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91_HB3093sam001
SRS91HB3093SBdlam01
1 AMENDMENT TO HOUSE BILL 3093
2 AMENDMENT NO. . Amend House Bill 3093 by replacing
3 everything after the enacting clause with the following:
4 "Section 5. The Department of Agriculture Law of the
5 Civil Administrative Code of Illinois is amended by adding
6 Section 205-440 as follows:
7 (20 ILCS 205/205-440 new)
8 Sec. 205-440. Tree buffer programs. The Department of
9 Agriculture shall (i) give guidance to organized buffer
10 initiatives regarding the State agencies and State resources
11 of relevance to implementation of the programs and (ii) aid
12 in the promotion of and public dissemination of information
13 about organized buffer initiatives.
14 Section 10. The Rivers, Lakes, and Streams Act is
15 amended by changing Section 29a as follows:
16 (615 ILCS 5/29a) (from Ch. 19, par. 78)
17 Sec. 29a. Construction permits; maintenance and repairs;
18 clear cutting.
19 (a) After July 1, 1985, no person, State agency, or unit
20 of local government shall undertake construction in a public
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1 body of water or in a stream without a permit from the
2 Department of Natural Resources. No permit shall be required
3 in a stream which is not a public body of water, draining
4 less than one square mile in an urban area or less than ten
5 square miles in a rural area. No permits shall be required
6 for field tile systems, tile outlet structures, terraces,
7 water and sediment control basins, grade stabilization
8 structures, or grassed waterways which do not obstruct flood
9 flows. Any artificially improved stream channel, drainage
10 ditch, levee, or pumping station existing in serviceable
11 condition on July 1, 1985 may be maintained and repaired to
12 preserve design capacity and function without a permit.
13 Maintenance and repair of improved channels, ditches or
14 levees shall follow accepted practices to reduce, as
15 practical, scour, erosion, sedimentation, escape of loose
16 material and debris, disturbance of adjacent trees and
17 vegetation, and obstruction of flood flows.
18 (b) No person, State agency, or unit of local
19 government, except (i) a unit of local government with a
20 population greater than 500,000 and (ii) a commercial or
21 industrial facility, the operation of which falls under the
22 regulatory jurisdiction of the United States Army Corps of
23 Engineers or the United States Coast Guard under Section 10
24 of the Federal Rivers and Harbors Act, may clear cut trees
25 within 15 yards of waters listed by the Department under
26 Section 5 as navigable, except as follows:
27 (1) for the purpose of improving, maintaining,
28 repairing, constructing, or reconstructing any highway,
29 road, bridge, culvert, drainage structure, drainage
30 facility, or grade separation under the jurisdiction of
31 the Illinois Department of Transportation or any
32 municipality, public water facility, road district,
33 highway commissioner, or drainage district;
34 (2) for maintenance and improvement of drainage of
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1 or on agricultural land; and
2 (3) for the purpose of improving, maintaining,
3 repairing, constructing, or reconstructing any facility
4 for the distribution, transmission, or generation of
5 electricity.
6 For the purpose of this subsection, "clear cutting" means
7 the complete removal of mature or established trees covering
8 an area of 400 square yards or more of which leaves less than
9 50% of the existing forest cover. "Clear cutting" does not
10 include any of the following:
11 (1) The removal of brush or woody debris.
12 (2) The selective cutting of diseased, dying, or
13 dead trees.
14 (3) The selective cutting of individual trees for
15 the purpose of home construction.
16 (4) The selective cutting of individual trees that
17 pose a threat to private property.
18 (5) The clearing of trees for restoration purposes
19 to include:
20 (i) removal of non-native tree species and the
21 subsequent reestablishment of native tree species;
22 (ii) thinning of trees for the purposes of
23 encouraging the growth of preferential tree species;
24 (iii) restoration of wetlands, prairies, or
25 other natural areas that will not cause or
26 contribute to streambank destabilization.
27 (6) The removal of trees or woody vegetation
28 pursuant to any State or Federal conservation plan
29 contracts, or when approved by the U.S. Army Corps of
30 Engineers and the Department.
31 The Department of Natural Resources may adopt rules for
32 the administration of this subsection and shall adopt rules
33 permitting a municipality with a population of 500,000 or
34 less to petition the Department of Natural Resources to
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1 permit clear cutting to accommodate necessary socioeconomic
2 development projects.
3 (Source: P.A. 89-445, eff. 2-7-96.)".