HB0863 102ND GENERAL ASSEMBLY

LRB102 11409 KMF 16742 b

102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB0863

Introduced 2/10/2021, by Rep. Joyce Mason

SYNOPSIS AS INTRODUCED:

New Act

Creates the Vegetative Buffer Act. Provides that all State property adjacent to a body of water must contain a vegetative buffer that at a minimum meets a 30-foot minimum width. Exempts State land if certain conditions are present. Defines "vegetative buffer". Effective January 1, 2022.

A BILL FOR

AN ACT concerning vegetation.

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 Vegetative Buffer Act.

Section 5. Vegetative buffer protection; requirements.

(a) In this Section, "vegetative buffer" means an area consisting of perennial vegetation, excluding invasive plants and noxious weeds adjacent to all bodies of water within this State that protects the water resources from runoff pollution, stabilizes soils, shores, and banks to protect or provide riparian corridors.

(b) All State property adjacent to a body of water must contain a vegetative buffer that at a minimum meets a 30-foot minimum width.

(c) State land subject to this Act shall be exempt if the land is:

(1) used as a public or private water access or recreational use area including stairways, landings, picnic areas, access paths, beach and watercraft access areas, and permitted water-oriented structures;

(2) covered by a road, trail, building, or other structure, whether or not it exists before or after the effective date of this Act;

(3) regulated by a national pollutant discharge elimination system or State disposal system permit under 35 Ill. Adm. Code Section 309 and provides water resources for riparian protection in any of the following categories:

(A) municipal separate storm sewer system;

(B) construction stormwater;

(C) industrial storm water; or

(D) part of a water-inundation cropping system; or

(4) in a temporary non-vegetated condition due to drainage tile installation and maintenance, alfalfa, or other perennial crop or plant seeding, or construction or conservation projects authorized by a federal, State, or local government unit;

(5) used for agricultural purposes.

Section 99. Effective date. This Act takes effect January 1, 2022.