Full Text of HB4207 103rd General Assembly
HB4207eng 103RD GENERAL ASSEMBLY | | | HB4207 Engrossed | | LRB103 35030 MXP 64960 b |
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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 | 5 | | by adding Section 18k as follows: | 6 | | (615 ILCS 5/18k new) | 7 | | Sec. 18k. National Flood Insurance Program; State agency | 8 | | requirements. | 9 | | (a) As used in this Section: | 10 | | "Department" means the Department of Natural Resources. | 11 | | "Development" and "developed" mean any human-made change | 12 | | to real estate, including, but not limited to: | 13 | | (1) demolition, construction, reconstruction, repair, | 14 | | placement of a building, or any structural alteration to a | 15 | | building; | 16 | | (2) substantial improvement of an existing building; | 17 | | (3) installation of a manufactured home on a site, | 18 | | preparing a site for a manufactured home, or installing a | 19 | | travel trailer on a site for more than 180 days per year; | 20 | | (4) installation of utilities or construction of | 21 | | roads, bridges, culverts, or similar projects; | 22 | | (5) redevelopment of a site, clearing of land as an | 23 | | adjunct of construction, or construction or erection of |
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| 1 | | levees, dams, walls, or fences; | 2 | | (6) drilling, mining, filling, dredging, grading, | 3 | | excavation, paving, or other alterations of the ground | 4 | | surface; | 5 | | (7) storage of materials, including the placement of | 6 | | gas or liquid storage tanks, and channel modifications or | 7 | | any other activity that might change the direction, | 8 | | height, or velocity of flood or surface waters. | 9 | | "Development" and "developed" do not include resurfacing | 10 | | of pavement that does not result in an increase in elevation; | 11 | | construction of farm fencing; or gardening, plowing, and | 12 | | similar practices that do not involve filling, grading, or | 13 | | construction of levees. | 14 | | "Special flood hazard area" means an area that has special | 15 | | flood, mudflow, or flood-related erosion hazards and that is | 16 | | shown on a Federal Emergency Management Agency Flood Hazard | 17 | | Boundary Map or Flood Insurance Rate Map as Zone A, AO, A1-A30, | 18 | | AE, A99, AH, AR, AR/A, AR/AE, AR/AH, AR/AO, AR/A1-A30, V1-V30, | 19 | | VE, or V. | 20 | | "State agency" means any department, commission, board, or | 21 | | agency under the jurisdiction of the Governor; any board, | 22 | | commission, agency, or authority which has a majority of its | 23 | | members appointed by the Governor; and the Governor's Office. | 24 | | (b) The Department shall ensure that State agencies comply | 25 | | with National Flood Insurance Program requirements set forth | 26 | | in this Section. |
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| 1 | | (c) All State agencies shall obtain a special flood hazard | 2 | | area development permit before undertaking development | 3 | | activity on State-owned property that is located in a special | 4 | | flood hazard area. The Department shall adopt rules | 5 | | establishing a State special flood hazard area development | 6 | | program to ensure the following via the issuance of permits | 7 | | prior to any State agency development within a special flood | 8 | | hazard area: | 9 | | (1) review of all proposed new development in a | 10 | | special flood hazard area to ensure compliance with the | 11 | | standards set forth in the administrative rules; | 12 | | (2) monitoring and inspecting developments currently | 13 | | under construction in a special flood hazard area to | 14 | | ensure compliance with the standards set forth in the | 15 | | administrative rules; | 16 | | (3) correction, to the extent reasonably practical in | 17 | | the sole determination of the Department, of all previous | 18 | | development in a special flood hazard area found not to be | 19 | | in compliance with the standards set forth in the | 20 | | administrative rules; and | 21 | | (4) adoption of standards in the administrative rules | 22 | | that, at a minimum, are as stringent as the federal | 23 | | regulations that are promulgated by the Federal Emergency | 24 | | Management Agency to implement the National Flood | 25 | | Insurance Act (42 U.S.C. 4001 et seq.) and that are | 26 | | published in 44 CFR 59 through 60. |
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| 1 | | (d) State agencies that administer grants or loans for | 2 | | financing a development within a special flood hazard area | 3 | | shall cooperate with the Department to ensure that | 4 | | participants in their programs are informed of the existence | 5 | | and location of special flood hazard areas and of any State or | 6 | | local floodplain requirements that are in effect in those | 7 | | areas. | 8 | | (e) State agencies that are responsible for regulating or | 9 | | permitting a development within a special flood hazard area | 10 | | shall cooperate with the Department to ensure that | 11 | | participants in their programs are informed of the existence | 12 | | and location of special flood hazard areas and of any State or | 13 | | local floodplain requirements that are in effect in those | 14 | | areas. | 15 | | (f) State agencies that are engaged in planning programs | 16 | | or promoting a program for a development within a special | 17 | | flood hazard area shall cooperate with the Department to | 18 | | ensure that participants in their programs are informed of the | 19 | | existence and location of special flood hazard areas and of | 20 | | any State or local floodplain requirements in effect in those | 21 | | areas. | 22 | | (g) The Department shall provide available special flood | 23 | | hazard area information to assist State agencies in complying | 24 | | with the requirements established by this Section. The | 25 | | Department may enter into a memorandum of understanding with a | 26 | | State agency to outline procedures and processes to review |
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| 1 | | proposed development activity on State-owned property located | 2 | | in a special flood hazard area. Such a memorandum of | 3 | | understanding may allow for alternative approvals for the | 4 | | issuance of permits. If the Department enters into a | 5 | | memorandum of understanding with a State agency to allow an | 6 | | alternative permit process, any permits or work completed | 7 | | under those alternatives is subject to audit and review by the | 8 | | Department. |
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