Section 3704.10  Purpose

a)         The purpose of this Part is to protect the public's interests, rights, safety and welfare in the State's public bodies of water.  More specifically, construction will be regulated to prevent:

1)         Obstruction to, or interference with, the navigability of any public body of water;

2)         Encroachment on any public body of water; and

3)         Impairment of the rights, interests or uses of the public in any public body of water or in the natural resources thereof.

b)         This Part applies to the entire State geographically but is limited to only those lakes, rivers, streams and waterways that are considered to be public waters.

c)         Compliance with this Part does not excuse an applicant from complying with the following Department of Natural Resources, Office of Water Resources construction related rules:

1)         Rules for Construction and Maintenance of Dams, 17 Ill. Adm. Code 3702.  This Part is applicable statewide.

2)         Floodway Construction in Northeastern Illinois, 17 Ill. Adm. Code 3708.  This Part applies to all defined floodways in the counties of Cook, Will, Dupage, Kane, Lake and McHenry.

3)         Construction in Floodways of Rivers, Lakes and Streams, 17 Ill. Adm. Code 3700.  This Part is applicable to all rivers, lakes and streams under the Department's jurisdiction except those in the  counties of Cook, Will, DuPage, Kane, Lake and McHenry for which floodway limits have been defined pursuant to 17 Ill. Adm. Code 3708.

d)         Additionally, permits issued under this Part do not relieve the permittee of the responsibility of securing all other required authorizations.