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| [ Introduced ] | [ Senate Amendment 001 ] |
92_SB0871eng SB871 Engrossed LRB9201987DHmb 1 AN ACT in relation to bodies of water. 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 changing Section 23 as follows: 6 (615 ILCS 5/23) (from Ch. 19, par. 70) 7 Sec. 23. It shall be the duty of the Department of 8 Natural Resources to maintain stream gauge stations, and to 9 make careful investigations of the streams of the State with 10 reference to the carrying capacity of all such streams in 11 times of flood and under normal conditions; to prevent the 12 carrying capacity of streams to be limited and impaired by 13 fills, deposits, obstructions, encroachments therein, deposit 14 of debris or material of any kind, including trees, tree 15 limbs, logs, shrubbery, or related growths and trimmings 16 therefrom in or upon the bank of any waters and water courses 17 or in such proximity to such waters and water courses or any 18 tributary thereto where the same shall be liable to be washed 19 into or deposited along such waters and water courses, either 20 by normal or flood flows, as a result of storms or otherwise, 21 which may in any manner impede or obstruct the natural flow 22 of such waters and water courses, or bridges over same, to an 23 extent where the same cannot safely dispose of the flood 24 waters which may naturally, lawfully, and properly be 25 discharged therein; to require such changes in bridges across 26 any navigable waters or streams, or bodies of water made 27 navigable, necessary to meet the demands of navigation and 28 commerce thereon; and to establish by regulations water 29 levels below which water cannot be drawn down behind dams 30 from any stream or river within the State of Illinois, in 31 order to retain enough water in such streams to preserve the SB871 Engrossed -2- LRB9201987DHmb 1 fish and other aquatic life in the stream, and to safeguard 2 the health of the community. If the capacity of any stream 3 is limited and impaired by reason of any of the Acts or 4 construction in this Act provided, so as to constitute a 5 menace to property along the course of said stream or safety 6 of the people of the State, or results in damage, overflow, 7 or an interruption to navigation, or if water is being drawn 8 down, or is about to be drawn down in contravention of the 9 water level regulations established by the Department, the 10 Department of Natural Resources shall take such action as may 11 be required, by injunction or otherwise, to prevent such 12 encroachments or the erection of such structures, or compel 13 the removal or modification of same, or to prevent water 14 being drawn down below the levels established by the 15 Department. It shall be unlawful for any person, persons, 16 corporations, counties, cities, municipalities, or other 17 agency to make any fill, deposit, or encroachment in, deposit 18 or placement of felled or trimmed woody plant upon or along 19 the bank, or erect any bridges over a stream that has a 20 drainage area of one square mile or more in urban areas or 10 21 square miles or more in rural areas, until plans, profiles 22 and specifications and other data which may be required, have 23 been first filed with the Department of Natural Resources of 24 this State, and a written permit received therefor. 25 If a unit of local government has adopted an ordinance 26 that establishes minimum standards for appropriate use of the 27 floodway that are at least as restrictive as those 28 established by the Department and this Section, and the unit 29 of local government has adequate staff to enforce the 30 ordinance, the Department may delegate to the unit of local 31 government the authority to issue permits for construction in 32 the floodway within its jurisdiction. This delegation of 33 permit authority does not include governmental projects, 34 public waters projects, dams, and livestock facilities SB871 Engrossed -3- LRB9201987DHmb 1 regulated under the Livestock Management Facilities Act. 2 The Department of Natural Resources is authorized, in 3 case of existing dams, to require that the dams be maintained 4 in a proper state of repair, and at a height for proper 5 control of water levels in the disposal of flood waters and 6 at normal stages, and for such purposes to require changes 7 and modifications therein, and to compel the installation of 8 fishways in dams wherever deemed necessary; provided, 9 however, that the enactment by any governmental unit of any 10 new rule, regulation, ordinance, law, or other requirements 11 passed after the construction of an existing dam, shall not 12 be construed to give the Department of Natural Resources the 13 power or authority to require changes in the design, 14 structure, or construction, of any existing dam in 15 conformance with all applicable standards existing at the 16 time of its construction and which is in good repair. 17 (Source: P.A. 89-445, eff. 2-7-96.) 18 Section 99. Effective date. This Act takes effect 19 January 1, 2002.