Full Text of SB2824 100th General Assembly
SB2824 100TH GENERAL ASSEMBLY |
| | 100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018 SB2824 Introduced 2/13/2018, by Sen. David Koehler SYNOPSIS AS INTRODUCED: |
| 615 ILCS 5/29a | from Ch. 19, par. 78 |
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Amends the Rivers, Lakes, and Streams Act. Provides that when considering whether to issue a permit for construction or maintenance or repair of a levee or flood wall under a provision in the Act, the Department of Natural Resources shall consider the flood discharge that would just overtop a levee or flood wall when conducting a worst-case scenario analysis. Defines "worst-case scenario analysis". Effective immediately.
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| | A BILL FOR |
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| 1 | | AN ACT concerning transportation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Rivers, Lakes, and Streams Act is amended by | 5 | | changing Section 29a as follows:
| 6 | | (615 ILCS 5/29a) (from Ch. 19, par. 78)
| 7 | | Sec. 29a. Construction permits; maintenance and repairs; | 8 | | clear cutting.
| 9 | | (a) After July 1, 1985, no person, State agency, or unit of | 10 | | local
government shall undertake construction in a public body | 11 | | of water or in a
stream without a permit from the Department of | 12 | | Natural Resources. No permit
shall be required in a stream | 13 | | which is not a public body of water, draining
less than one | 14 | | square mile in an urban area or less than ten square miles in a
| 15 | | rural area. No permits shall be required for field tile | 16 | | systems, tile outlet
structures, terraces,
water and sediment | 17 | | control basins, grade stabilization structures, or
grassed | 18 | | waterways which do not obstruct flood flows. Any artificially
| 19 | | improved stream channel, drainage ditch, levee, or pumping | 20 | | station
existing in serviceable condition on July 1, 1985 may | 21 | | be maintained and
repaired to preserve design capacity and | 22 | | function without a permit.
Maintenance and repair of improved | 23 | | channels, ditches or levees shall
follow accepted practices to |
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| 1 | | reduce, as practical, scour, erosion,
sedimentation, escape of | 2 | | loose material and debris, disturbance of adjacent
trees and | 3 | | vegetation, and obstruction of flood flows.
| 4 | | (b) No person, State agency, or unit of local
government, | 5 | | except (i) a
unit
of local government with a population greater | 6 | | than 500,000 and (ii) a
commercial or industrial facility, the | 7 | | operation of which falls under the
regulatory jurisdiction of | 8 | | the United States Army
Corps of Engineers or the United States | 9 | | Coast Guard under Section 10 of the
Federal Rivers and Harbors | 10 | | Act, may clear cut trees
within 15
yards of waters listed by | 11 | | the Department under Section 5 as navigable, except
as
follows:
| 12 | | (1) for the
purpose of improving, maintaining, | 13 | | repairing, constructing, or reconstructing
any highway, | 14 | | road, bridge, culvert, drainage structure, drainage | 15 | | facility, or
grade separation under the jurisdiction of the | 16 | | Illinois Department of
Transportation or any municipality, | 17 | | public water facility, road district,
highway
| 18 | | commissioner, or drainage district;
| 19 | | (2) for maintenance and improvement of drainage of or | 20 | | on agricultural
land; and
| 21 | | (3) for the purpose of improving, maintaining, | 22 | | repairing, constructing, or
reconstructing any facility | 23 | | for the distribution, transmission, or generation
of | 24 | | electricity.
| 25 | | For the purpose of this subsection, "clear cutting" means
| 26 | | the complete removal of mature or established trees covering an |
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| 1 | | area of 400
square yards or more of which leaves less than 50% | 2 | | of the existing forest
cover. "Clear cutting" does not include | 3 | | any of the following:
| 4 | | (1) The removal of brush or woody debris.
| 5 | | (2) The selective cutting of diseased, dying, or dead | 6 | | trees.
| 7 | | (3) The selective cutting of individual trees for the | 8 | | purpose of home
construction.
| 9 | | (4) The selective cutting of individual trees that pose | 10 | | a threat to
private
property.
| 11 | | (5) The clearing of trees for restoration purposes to | 12 | | include:
| 13 | | (i) removal of non-native tree species and the | 14 | | subsequent
reestablishment of native tree species;
| 15 | | (ii) thinning of trees for the purposes of | 16 | | encouraging the growth of
preferential tree species;
| 17 | | (iii) restoration of wetlands, prairies, or other | 18 | | natural areas that
will not cause or contribute to | 19 | | streambank destabilization.
| 20 | | (6) The removal of trees or woody vegetation pursuant | 21 | | to any State or
Federal
conservation plan contracts, or | 22 | | when approved by the U.S. Army Corps of
Engineers and the | 23 | | Department.
| 24 | | The Department of Natural Resources may adopt rules for the | 25 | | administration of
this subsection and shall adopt rules | 26 | | permitting a municipality with a
population of 500,000 or less |
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| 1 | | to petition the Department of Natural
Resources to permit clear | 2 | | cutting to accommodate necessary socioeconomic
development | 3 | | projects.
| 4 | | (c) When considering whether to issue a permit for | 5 | | construction or maintenance or repair of a levee or flood wall | 6 | | under this Section, the Department of Natural Resources shall | 7 | | consider the flood discharge that would just overtop a levee or | 8 | | flood wall when conducting a worst-case scenario analysis. | 9 | | For purposes of this subsection, "worst-case scenario | 10 | | analysis" means the calculation of the maximum increases in | 11 | | flood heights, velocities, and damages a project would cause | 12 | | due to conveyance and storage losses, considering both the | 13 | | project alone and the combined effects of other existing | 14 | | construction and reasonably anticipated obstructive | 15 | | construction on similarly situated properties in the locality. | 16 | | (Source: P.A. 91-907, eff. 1-1-01.)
| 17 | | Section 99. Effective date. This Act takes effect upon | 18 | | becoming law.
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