SB2531 100TH GENERAL ASSEMBLY

LRB100 17133 SLF 32285 b

100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
SB2531

Introduced 2/6/2018, by Sen. Laura M. Murphy

SYNOPSIS AS INTRODUCED:

New Act

Creates the Conservation Housing Development Act. Provides that a person seeking to construct a new housing development, if the plan includes the removal of trees, shall apply to the Department of Natural Resources for approval before construction may begin. Provides that the Department may forward the request to a unit of local government to enforce the Act on its behalf. Provides that the Department, or if the Department has granted authority to a unit of local government, shall approve a request for tree removal if: (1) the trees are diseased, infested with pests, or have been seriously damaged by fire, lightening, storm, or other injury; (2) dictated by good forestry practice if removal is beneficial to remaining trees; or (3) the trees have been designated for removal on an approved tree preservation plan. Provides that a tree preservation plan prepared by a registered arborist or landscape architect indicating the location, species, size, and condition of existing trees shall be submitted in conjunction with all applications for approval to the Department. Provides that the tree preservation plan shall indicate the location of the trees to be preserved and the methods which will be used to preserve the trees. Makes other changes. Effective January 1, 2020.

A BILL FOR

AN ACT concerning conservation.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act may be cited as the Conservation Housing Development Act.

Section 5. Definitions.

"Department" means the Department of Natural Resources.

"New housing development" means a proposed development plan with 5 or more structures per 5 acres that is used as a home or residence, by one or more persons including, but not limited to, single-family residences, manufactured homes, or multifamily housing.

Section 10. Enforcement and applicability. The requirements of this Act shall only be applicable to new housing developments. Nothing in this Act shall restrict a unit of local government from imposing stricter standards on new housing developments.

Section 15. Approval requirements.

(a) A person seeking to construct a new housing development, if the construction plan includes the removal of trees, shall apply to the Department for approval before construction may begin. The Department may forward the request to a unit of local government to enforce this Act on its behalf.

(b) The Department, or if the Department has granted authority to a unit of local government, shall approve a request for tree removal if:

(1) the trees are diseased, infested with pests, or have been seriously damaged by fire, lightening, storm, or other injury;

(2) dictated by good forestry practice if removal is beneficial to remaining trees; or

(3) the trees have been designated for removal on an approved tree preservation plan.

(c) A deciduous tree having a trunk size of six inches or greater in diameter, as measured 6 inches above the established grade and evergreen trees measuring 10 vertical feet or more in height shall not be removed from unimproved, partially improved, or improved land without written approval from the Department, or unit of local government. The tree preservation plan included with the application shall include the reasons for removal of any trees and include a general description of the trees to be removed.

Section 20. Protection of existing trees.

(a) Every reasonable effort shall be made to retain existing healthy trees and to integrate trees in landscape plans into the development of all property in this State.

(b) A tree preservation plan prepared by a registered arborist or landscape architect indicating the location, species, size, and condition of existing trees shall be submitted in conjunction with all applications for approval to the Department. The tree preservation plan shall indicate the location of the trees to be preserved and the methods which will be used to preserve the trees. Preservation equipment or material shall be in the plan before construction may begin.

Section 25. Preservation methodology. The methods proposed to preserve trees shall be clearly specified on the applicant's tree preservation plan. If the necessary precautions are not undertaken, all work on the site shall cease immediately until appropriate measures have been taken. Failure to institute and observe tree preservation techniques shall constitute a violation.

Section 30. Replacement tree requirements. The replacement of trees shall meet the species and size requirements in this Section.

(1) Deciduous trees designated for preservation which are destroyed or severely damaged shall be replaced with a new tree at a rate of 3 inches in caliper to each one inch of removed tree. All fractions of an inch shall be rounded up.

(2) Coniferous trees designated for preservation which are destroyed or severely damaged shall be replaced with a new tree at a rate of 3 vertical feet for each one foot of removed tree. All fractions of an inch shall be rounded up.

(3) Deciduous replacement trees shall be a minimum trunk size of 2 and one half inches in diameter as measured 12 inches above established grade. Any combination of tree sizes measuring 3 inches in diameter or larger may be used for tree replacements. For example, one 18 inch tree may be replaced by 3 four-inch trees and 2 three-inch trees.

(4) Coniferous replacement trees shall be a minimum height of 6 feet. Any combination of tree sizes 6 feet in height or greater may be used for tree replacement in a manner similar to that for deciduous trees

(5) Species of replacement trees shall be submitted in the applicant's tree preservation plan to the Department.

Section 99. Effective date. This Act takes effect January 1, 2020.