Public Act 103-0905
 
SB2628 EnrolledLRB103 34926 MXP 64803 b

    AN ACT concerning transportation.
 
    Be it enacted by the People of the State of Illinois, 
represented in the General Assembly:
 
    Section 5. The Illinois Administrative Procedure Act is 
amended by adding Section 5-45.55 as follows:
 
    (5 ILCS 100/5-45.55 new)
    Sec. 5-45.55. Emergency rulemaking; the Department of 
Natural Resources. To provide for the expeditious and timely 
implementation of Section 13 of the Rivers, Lakes, and Streams 
Act, emergency rules implementing Section 13 of the Rivers, 
Lakes, and Streams Act may be adopted in accordance with 
Section 5-45 by the Department of Natural Resources. The 
adoption of emergency rules authorized by Section 5-45 and 
this Section is deemed to be necessary for the public 
interest, safety, and welfare.
    This Section is repealed one year after the effective date 
of this amendatory Act of the 103rd General Assembly.
 
    Section 10. The Rivers, Lakes, and Streams Act is amended 
by changing Section 30 and by adding Section 18k as follows:
 
    (615 ILCS 5/18k new)
    Sec. 18k. National Flood Insurance Program State agency 
requirements.  
    (a) As used in this Section:
    "Department" means the Department of Natural Resources.
    "Development" and "developed" mean any man-made change to 
real estate, including, but not limited to:
        (1) demolition, construction, reconstruction, repair, 
    placement of a building, or any structural alteration to a 
    building;
        (2) substantial improvement of an existing building;
        (3) installation of a manufactured home on a site, 
    preparing a site for a manufactured home, or installing a 
    travel trailer on a site for more than 180 days per year;
        (4) installation of utilities, construction of roads, 
    bridges, culverts, or similar projects;
        (5) redevelopment of a site, or clearing of land as an 
    adjunct of construction or construction or erection of 
    levees, dams, walls, or fences;
        (6) drilling, mining, filling, dredging, grading, 
    excavation, paving, or other alterations of the ground 
    surface;
        (7) storage of materials, including the placement of 
    gas or liquid storage tanks, and channel modifications or 
    any other activity that might change the direction, 
    height, or velocity of flood or surface waters.
    "Development" and "developed" do not include resurfacing 
of pavement when there is no increase in elevation; 
construction of farm fencing; or gardening, plowing, and 
similar practices that do not involve filling, grading, or 
construction of levees. 
    "Special flood hazard area" means an area having special 
flood, mudflow or flood-related erosion hazards and shown on a 
Federal Emergency Management Agency Flood Hazard Boundary Map 
or Flood Insurance Rate Map as Zone A, AO, A1-A-30, AE, A99, 
AH, AR, AR/A, AR/AE, AR/AH, AR/AO, AR/A1-A30, V1-V30, VE or V.
    "State agencies" means any department, commission, board, 
or agency under the jurisdiction of the Governor, any board, 
commission, agency, or authority which has a majority of its 
members appointed by the Governor, and the Governor's Office.
    (b) The Department shall ensure that State agencies comply 
with National Flood Insurance Program requirements set forth 
in this Section.
    (c) All State agencies shall obtain a special flood hazard 
area development permit before undertaking development 
activity on State-owned property that is located in a special 
flood hazard area. The Department shall adopt an 
administrative rule setting forth a State special flood hazard 
area development program to ensure the following via the 
issuance of permits prior to any State agency development 
within a special flood hazard area:
        (1) Review of all proposed new development in a 
    special flood hazard area to ensure compliance with the 
    standards set forth in the administrative rule.
        (2) Monitoring and inspecting developments currently 
    under construction in a special flood hazard area to 
    ensure compliance with the standards set forth in the 
    administrative rule.
        (3) Correction, to the extent reasonably practical in 
    the sole determination of the Department, of all previous 
    development in a special flood hazard area found not to be 
    in compliance with the standards set forth in the 
    administrative rule.
        (4) The standards set forth in the administrative rule 
    shall, at a minimum, be as stringent as the federal 
    regulations adopted by the Federal Emergency Management 
    Agency to implement the National Flood Insurance Act (42 
    U.S.C. 4001 et seq.) that are published in 44 CFR 59 
    through 60.
    (d) State agencies that administer grants or loans for 
financing a development within a special flood hazard area 
shall cooperate with the Department to ensure that 
participants in their programs are informed of the existence 
and location of special flood hazard areas and of any State or 
local floodplain requirements that are in effect in such 
areas.
    (e) State agencies that are responsible for regulating or 
permitting a development within a special flood hazard area 
shall cooperate with the Department to ensure that 
participants in their programs are informed of the existence 
and location of special flood hazard areas and of any State or 
local floodplain requirements that are in effect in such 
areas.
    (f) State agencies that are engaged in planning programs 
or promoting a program for the development shall cooperate 
with the Department to ensure that participants in their 
programs are informed of the existence and location of special 
flood hazard areas and of any State or local floodplain 
requirements in effect in such areas.
    (g) The Department shall provide available special flood 
hazard area information to assist State agencies in complying 
with the requirements established by this Section. The 
Department may enter into a memorandum of understanding with a 
State agency to outline procedures and processes to review 
proposed development activity on State-owned property located 
in a special flood hazard area. Such a memorandum of 
understanding may allow for alternative approvals for the 
issuance of permits. If the Department enters into a 
memorandum of understanding with a State agency to allow an 
alternative permit process any permits or work completed under 
those alternatives is subject to audit and review by the 
Department.
 
    (615 ILCS 5/30)  (from Ch. 19, par. 78.1)
    Sec. 30. The Department of Natural Resources may make such 
reasonable rules and regulations as may be necessary to 
administer this Act.
    The Department may adopt emergency rules in accordance 
with Sections 5-45 and 5-45.55 of the Illinois Administrative 
Procedure Act. The adoption of emergency rules authorized by 
Sections 5-45 and 5-45.55 of the Illinois Administrative 
Procedure Act and this paragraph is deemed to be necessary for 
the public interest, safety, and welfare. 
(Source: P.A. 89-445, eff. 2-7-96.)

Effective Date:  1/1/2025