Full Text of SB2556 96th General Assembly
SB2556enr 96TH GENERAL ASSEMBLY
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| AN ACT concerning floodplains.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Environmental Protection Act is amended by | 5 |
| adding Sections 3.102 and 3.103 as follows: | 6 |
| (415 ILCS 5/3.102 new) | 7 |
| Sec. 3.102. 100-year flood. "100-year flood" means a flood | 8 |
| that has a 1% or greater chance of recurring in any given year | 9 |
| or a flood of a magnitude equaled or exceeded once in 100 years | 10 |
| on the average over a significantly longer period. | 11 |
| (415 ILCS 5/3.103 new) | 12 |
| Sec. 3.103. 100-year floodplain. "100-year floodplain" | 13 |
| means the lowland and relatively flat areas adjoining inland | 14 |
| and coastal waters, including flood-prone areas of offshore | 15 |
| islands, that are inundated by a 100-year flood. For the | 16 |
| purposes of this Act, including for the purposes of granting | 17 |
| permit and license applications filed or pending prior to the | 18 |
| effective date of this amendatory Act of the 96th General | 19 |
| Assembly, an area shall be deemed by operation of law not to be | 20 |
| within the 100-year floodplain if the area lies within an area | 21 |
| protected by a federal levee and is located in a flood | 22 |
| prevention district established in accordance with the Flood |
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SB2556 Enrolled |
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| Prevention District Act; provided, however, that an area that | 2 |
| lies within a flood prevention district established in | 3 |
| accordance with the Flood Prevention District Act shall be | 4 |
| deemed by operation of law to be within the 100-year floodplain | 5 |
| if, according to the currently adopted federal flood insurance | 6 |
| rate map, the area is subject to inundation by a 100-year flood | 7 |
| from bodies of water other than the Mississippi River. | 8 |
| Section 15. The Rivers, Lakes, and Streams Act is amended | 9 |
| by adding Sections 18h, 18i, and 18j and by changing Sections | 10 |
| 18f and 18g as follows:
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| (615 ILCS 5/18f) (from Ch. 19, par. 65f)
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| Sec. 18f.
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| (a) The Department of Natural Resources shall define | 14 |
| 100-year floodplains flood plains
within the State of Illinois | 15 |
| on a township by township basis and may issue
permits for any | 16 |
| construction within such 100-year floodplains flood plains on | 17 |
| or after the
effective date of this amendatory Act of 1971. The | 18 |
| Department shall publish
and distribute suitable reports, | 19 |
| together with mapping and hydrologic
exhibits pertaining to | 20 |
| 100-year floodplains flood plains defined and established | 21 |
| under this Act.
In defining applicable 100-year floodplains | 22 |
| flood plains , the Department shall cooperate with,
and shall | 23 |
| consider planning and zoning requirements of, regional | 24 |
| planning
agencies created by statute, counties, municipalities |
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| and other units of
government. A period of thirty days shall be | 2 |
| allowed for any agency to
submit written comments to the | 3 |
| Department regarding any proposed 100-year floodplain flood
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| plain area. If such agency fails to return comments to the | 5 |
| Department
within the specified time period the Department may | 6 |
| proceed with the
publication and institution of the 100-year | 7 |
| floodplain flood plain permit procedure. The
Department is | 8 |
| charged with the planning, development , and evaluation of the
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| most economic combination of retention storage, channel | 10 |
| improvement , and
floodplain flood plain preservation in | 11 |
| defining and establishing 100-year floodplain flood plain | 12 |
| areas.
All construction undertaken on a defined 100-year | 13 |
| floodplain flood plain subsequent to the
effective date of this | 14 |
| amendatory Act, without benefit of a permit from the
Department | 15 |
| of Natural Resources, shall be unlawful and
the Department, may | 16 |
| in its discretion, proceed to obtain injunctive relief for
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| abatement or removal of such unlawful construction. The | 18 |
| Department, in its
discretion, may make such investigations and | 19 |
| conduct such hearings as may
be necessary to the performance of | 20 |
| its duties under this amendatory Act of
1971. Activity of the | 21 |
| Department under this Section shall be limited to
townships | 22 |
| related to projects of the Department authorized by the General
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| Assembly. The report of the Department shall be considered a | 24 |
| final
administrative decision and subject to judicial review in | 25 |
| accordance with
the provision of the Administrative Review Law.
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| (b) For the purposes of this Section, including for the |
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| purposes of granting permit and license applications filed or | 2 |
| pending prior to the effective date of this amendatory Act of | 3 |
| the 96th General Assembly, "100-year floodplain" means the | 4 |
| lowland and relatively flat areas adjoining inland and coastal | 5 |
| waters, including flood-prone areas of offshore islands, that | 6 |
| are inundated by a flood that has a 1% or greater chance of | 7 |
| recurring in any given year or a flood of a magnitude equalled | 8 |
| or exceeded once in 100 years on the average over a | 9 |
| significantly long period. For the purposes of this Section, an | 10 |
| area shall be deemed by operation of law not to be within the | 11 |
| 100-year floodplain if the area lies within an area protected | 12 |
| by a federal levee and is located in a flood prevention | 13 |
| district established in accordance with the Flood Prevention | 14 |
| District Act; provided, however, that an area that lies within | 15 |
| a flood prevention district established in accordance with the | 16 |
| Flood Prevention District Act shall be deemed by operation of | 17 |
| law to be within the 100-year floodplain if, according to the | 18 |
| currently adopted federal flood insurance rate map, the area is | 19 |
| subject to inundation by a 100-year flood from bodies of water | 20 |
| other than the Mississippi River. | 21 |
| (Source: P.A. 89-445, eff. 2-7-96.)
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| (615 ILCS 5/18g) (from Ch. 19, par. 65g)
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| Sec. 18g. (a) The Department of Natural Resources
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| define the
100-year floodway within metropolitan counties | 25 |
| located in the area served
by the Northeastern Illinois |
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| Planning Commission, except for the part of
that area which is | 2 |
| within any city with a population exceeding 1,500,000. In
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| defining the 100-year floodway, the Department may rely on | 4 |
| published data and
maps which have been prepared by the | 5 |
| Department itself, by the Illinois State
Water Survey of the | 6 |
| University of Illinois, by federal, State or local governmental | 7 |
| agencies, or by any other
private or public source which it | 8 |
| determines to be reliable and appropriate.
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| (b) The Department may issue permits for construction that | 10 |
| is an appropriate
use of the designated 100-year floodway in | 11 |
| such metropolitan counties.
If a unit of local government has | 12 |
| adopted an ordinance that establishes
minimum standards for | 13 |
| appropriate use of the floodway that are at least as
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| restrictive as those established by the Department and this | 15 |
| Section, and
the unit of local government has adequate staff to | 16 |
| enforce the ordinance,
the Department may delegate to such unit | 17 |
| of local government the authority
to issue permits for | 18 |
| construction that is an appropriate use of the
floodway within | 19 |
| its jurisdiction.
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| (c) No person may engage in any new construction within the | 21 |
| 100-year
floodway as designated by the Department in such
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| metropolitan counties, unless such construction relates to an | 23 |
| appropriate
use of the floodway. No unit of local government, | 24 |
| including home rule
units, in such metropolitan counties may | 25 |
| issue any building permit or other
apparent authorization for | 26 |
| any prohibited new construction within the
100-year floodway.
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| (d) For the purpose of this Section , including for the | 2 |
| purposes of granting permit and license applications filed or | 3 |
| pending prior to the effective date of this amendatory Act of | 4 |
| the 96th General Assembly :
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| (1) "100-year floodway" means the channel and that | 6 |
| portion of the
100-year floodplain adjacent to a stream or | 7 |
| watercourse which is needed to store and
convey the | 8 |
| 100-year frequency flood discharge without a significant | 9 |
| increase in
stage.
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| (1.5) "100-year floodplain" means the lowland and | 11 |
| relatively flat areas adjoining inland and coastal waters, | 12 |
| including flood-prone areas of offshore islands, that are | 13 |
| inundated by a flood that has a 1% or greater chance of | 14 |
| recurring in any given year or a flood of a magnitude | 15 |
| equalled or exceeded once in 100 years on the average over | 16 |
| a significantly long period.
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| (2) "New construction" means the construction of any | 18 |
| new building or
structure or the placement of any fill or | 19 |
| material, but does not include the
repair, remodeling or | 20 |
| maintenance of buildings or structures in existence
on the | 21 |
| effective date of this amendatory Act of 1987.
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| (3) "Appropriate use of the floodway" means use for (i) | 23 |
| flood control
structures, dikes, dams and other public | 24 |
| works or private improvements
relating to the control of | 25 |
| drainage, flooding or erosion; (ii) structures
or | 26 |
| facilities relating to the use of, or requiring access to, |
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| the water or
shoreline, including pumping and treatment | 2 |
| facilities, and facilities and
improvements related to | 3 |
| recreational boats, commercial shipping and other
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| functionally dependent uses;
and (iii) any other purposes | 5 |
| which the Department determines, by rule, to
be appropriate | 6 |
| to the 100-year floodway, and the periodic inundation of
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| which will not pose a danger to the general health and | 8 |
| welfare of the user,
or require the expenditure of public | 9 |
| funds or the provision of public
resources or disaster | 10 |
| relief services. Appropriate use of the floodway
does not | 11 |
| include construction of a new building unless such building | 12 |
| is a
garage, storage shed or other structure accessory to | 13 |
| an existing building
and such building does not increase | 14 |
| flood stages.
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| (4) "Person" includes natural persons, corporations, | 16 |
| associations,
governmental entities, and all other legal | 17 |
| entities.
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| (e) All construction undertaken on a designated 100-year | 19 |
| floodway in
such metropolitan counties, without benefit of a | 20 |
| permit from the Department
of Natural Resources, shall be | 21 |
| unlawful
and the Department or any affected
unit of local | 22 |
| government may, in its
discretion, proceed to obtain injunctive | 23 |
| relief for abatement or removal of
such unlawful construction. | 24 |
| The Department, in its discretion, may make
such investigations | 25 |
| and conduct such hearings and adopt such rules as may
be | 26 |
| necessary to the performance of its duties under this Section.
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| (f) This Section does not limit any power granted to the
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| Department by any other Act.
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| (g) This Section does not limit the concurrent exercise by | 4 |
| any unit of
local government of any power consistent herewith.
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| (h) This Section does not apply to any city with a | 6 |
| population
exceeding 1,500,000.
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| (Source: P.A. 95-728, eff. date - See Sec. 999.)
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| (615 ILCS 5/18h new) | 9 |
| Sec. 18h. Conflicts with Executive Order 2006-5. To the | 10 |
| extent that Executive Order 2006-5 is inconsistent with the | 11 |
| provisions of this amendatory Act of the 96th General Assembly, | 12 |
| the provisions of this amendatory Act shall govern. | 13 |
| (615 ILCS 5/18i new) | 14 |
| Sec. 18i. Maintenance of eligibility to participate in the | 15 |
| National Flood Insurance Program. Nothing in this amendatory | 16 |
| Act of the 96th General Assembly shall be construed to diminish | 17 |
| or conflict with the authority and the obligation of local | 18 |
| governments to adopt and enforce local ordinances and | 19 |
| regulations necessary to maintain eligibility to participate | 20 |
| fully in the National Flood Insurance Program and for property | 21 |
| owners to purchase federal flood insurance. If a local | 22 |
| government located in an area that (i) is protected by a | 23 |
| federal levee and (ii) located in a flood prevention district | 24 |
| established in accordance with the Flood Prevention District |
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| Act chooses to participate in the National Flood Insurance | 2 |
| Program, it must adopt and maintain ordinances and floodplain | 3 |
| management regulations that meet the requirements of 44 C.F.R. | 4 |
| 60.3, 60.4, and 60.5, and it must submit copies of those | 5 |
| documents to the Federal Emergency Management Agency as | 6 |
| required by federal law. | 7 |
| (615 ILCS 5/18j new) | 8 |
| Sec. 18j. ESDA critical facility evacuation plans. Any | 9 |
| critical facility that gives shelter to a person who would be | 10 |
| unable to evacuate without assistance during a flooding event, | 11 |
| and that is located in an area deemed by operation of law not | 12 |
| to be within the 100-year floodplain because the area in which | 13 |
| the critical facility is located lies within an area protected | 14 |
| by a federal levee and is located in a flood prevention | 15 |
| district established in accordance with the Flood Prevention | 16 |
| District Act shall develop an evacuation plan and certify to | 17 |
| the Emergency Services and Disaster Agency (ESDA), as defined | 18 |
| by Section 4 of the Illinois Emergency Management Act, on a | 19 |
| form provided by the ESDA, that it has developed an evacuation | 20 |
| plan which the critical facility has or will implement prior to | 21 |
| or concurrent with occupancy of the facility to evacuate | 22 |
| persons who need assistance evacuating the facility and the | 23 |
| flooded area.
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| Section 99. Effective date. This Act takes effect upon | 25 |
| becoming law.
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