2023 Illinois Compiled Statutes › Chapter 20 - EXECUTIVE BRANCH › 20 ILCS 830/ - Interagency Wetland Policy Act of 1989. › Article III - State Wetland Mitigation Policy

(20 ILCS 830/Art. III heading)
ARTICLE III.  
		STATE WETLAND MITIGATION POLICY
(20 ILCS 830/3-1) (from Ch. 96 1/2, par. 9703-1)
Sec. 3-1. 
		State Wetland Mitigation Policy. 
		This Act implements the
State Wetland Mitigation Policy, which directs that each State agency shall
preserve wetlands as a priority of action when they develop construction or
land management plans.  When an agency can establish that no other feasible
alternative exists and adverse wetland impacts are unavoidable, adverse
impacts are to be compensated for through the development and
implementation of a Department approved Wetland Compensation Plan.
The policy requires progressive levels of compensation based upon the
level of impact to the existing wetland and the location of compensation
wetlands. Priority shall be given to locating compensation wetlands close
to the wetland area impacted.
Proposed State and State-supported construction activities which may
impact wetlands identified on
the Illinois Natural Areas Inventory, under public ownership or which
provide habitat for State or federally threatened or endangered species
will continue to require direct consultation with the Department and
compliance with the Endangered Species Protection Act of 1986.
(Source: P.A. 86-157.)
(20 ILCS 830/3-2) (from Ch. 96 1/2, par. 9703-2)
Sec. 3-2. 
		Ownership and management. 
		Wetlands, whether purchased, restored
or created as the result of this Act shall be protected through either
easements or fee simple transfer to either a public conservation agency or
private conservation organization which will protect and manage the area.
(Source: P.A. 86-157.)
(20 ILCS 830/3-3) (from Ch. 96 1/2, par. 9703-3)
Sec. 3-3. 
		Wetland Compensation Account. 
		Each State agency is hereby
authorized to establish a Wetland Compensation Account to reconcile debits
and credits established as the result of Wetland Compensation Plans.
Management of a Wetland Compensation Account, if established, is the
responsibility of the
individual State agency.  The Department shall
review
each agency's Compensation Account to confirm that all debits and credits are
accounted for and balanced.
(Source: P.A. 86-157.)
(20 ILCS 830/3-4) (from Ch. 96 1/2, par. 9703-4)
Sec. 3-4. 
		Impact evaluation. 
		For each project action involving a
wetland, State agencies shall follow a multi-step process to avoid and
minimize adverse wetland impacts as the preferred course of action.  An
agency must document that no other feasible alternative exists before
adverse impacts are considered.
In order of priority, these steps shall include:
(1) The avoidance of adverse wetland impacts;
(2) Minimal alteration with compensation on the site of the
proposed project;
(3) Significant alteration with compensation on the site of
the proposed project;
(4) Wetland destruction with compensation on the site of the
proposed project;
(5) Wetland destruction with compensation off the site of the proposed
project but within the same drainage basin; and
(6) Wetland destruction with compensation both off the site of the
proposed project and out of the drainage basin.
(Source: P.A. 86-157.)
(20 ILCS 830/3-5) (from Ch. 96 1/2, par. 9703-5)
Sec. 3-5. 
		Value. 
		Value shall include:
Value for each compensation plan shall be established by the agency
developing the compensation plan in consultation with the Department.
(Source: P.A. 86-157.)
(20 ILCS 830/3-6) (from Ch. 96 1/2, par. 9703-6)
Sec. 3-6. 
		Compensation ratios. 
		Wetland Compensation Plans must
adhere to a schedule of increasing compensation ratios based upon the
amount of adverse wetland impact and the location of compensation projects.
(a) Compensation ratios are required to:
(1) Ensure that wetland systems are not destroyed without careful
evaluation of other alternatives; and
(2) Discourage destruction of wetland resources in rapidly developing
areas of Illinois and their replacement within other regions of the State.
(b) Compensation ratios shall be established and shall be progressively
higher to reflect the priority actions identified in Section 3-4.
The lowest compensation ratio shall be for minimal alteration and
compensation on-site.  The highest compensation ratio shall be for
destruction and compensation outside the impacted wetland's drainage basin.
Progressively higher compensation ratios shall strongly encourage agencies
to avoid or minimize adverse wetland impacts and to compensate on-site.
(c) Compensation may be accomplished through a combination of creation
of new wetlands, restoration of degraded wetlands, acquisition of existing
wetlands, or research.  Compensation shall be accomplished using the best
available technology.
(d) The Department, through the Interagency Wetlands Committee, shall
review the compensation ratios to determine their adequacy and
appropriateness, and shall report the results of this review in the
biennial report required in Section 2-1.
(e) When adverse wetland impacts occur, the Wetland Compensation Plan must
include the creation of at least one-for-one replacement of new wetlands of
comparable functional type and size, before restoration, acquisition or
research alternatives are considered.
One provision of a Wetland Compensation Plan may include funding for
needed research on wetland functions, restoration or creation.
Credit for research funding requires approval of the Department upon
consultation of the Committee.
(Source: P.A. 86-157.)