Section 3706.920  Change of Regulatory Profile, Floodway, and Flood Plain

a)         The regulatory profile, floodway, and flood plain shall not be changed on the basis of a proposed flood control structure or channel improvement. The regulatory profile, floodway, or flood plain may be changed after the structure or channel improvement is constructed and operative.

b)         The regulatory profile, floodway, or flood plain shall not be changed unless it has been shown that the original delineation is in error or there are changed conditions which require modification of the original computations. Any person contesting the correctness of the delineation shall be given reasonable opportunity to submit his own technical evidence of error or changed conditions.

c)         If the Department determines that such error or changed conditions exist, and would result in significant changes in the regulatory profile, floodway, or flood plain delineation, the Department will prepare appropriate exhibits indicating the proposed changes, and will make them available for public review.  In addition, the Department will issue a public notice describing the proposed modifications and providing appropriate opportunity for public comment.

(Source:  Amended at 3 Ill. Reg. 29, p. 192, effective July 21, 1979)