2023 Illinois Compiled Statutes › Chapter 20 - EXECUTIVE BRANCH › 20 ILCS 830/ - Interagency Wetland Policy Act of 1989. › Article I - General Provisions

(20 ILCS 830/Art. I heading)
ARTICLE I.  
		GENERAL PROVISIONS
(20 ILCS 830/1-1) (from Ch. 96 1/2, par. 9701-1)
Sec. 1-1. 
		Short Title. 
		This Act shall be known and may be cited as
the "Interagency Wetland Policy Act of 1989".
(Source: P.A. 86-157.)
(20 ILCS 830/1-2) (from Ch. 96 1/2, par. 9701-2)
Sec. 1-2. 
		Legislative declaration. 
		The General Assembly finds and determines that:
(a) In 1818, Illinois contained an estimated 8.2 million acres of
wetlands.  Based upon preliminary results of the Illinois portion of the
National Wetlands Inventory, less than nine percent of the original acres remain.
(b) With the significant loss in acreage, a corresponding loss in the
functional values and benefits that wetlands provide has occurred.
(c) Continued loss of Illinois' wetlands may deprive the people of this
State of some or all of the benefits which they provide, including:
(1) reducing flood damages by absorbing, storing and conveying peak flows from storms;
(2) improving water quality by serving as sedimentation and filtering
basins and as natural biological treatment areas;
(3) providing breeding, nesting, forage and protective habitat for
approximately 40 percent of the State's threatened and endangered plants
and animals, in addition to other forms of fish, wildlife, waterfowl and shorebirds;
(4) protecting underground water resources and helping to recharge
rivers, streams and local or regional underground water supplies;
(5) serving as recreational areas for hunting, fishing, boating, hiking,
bird watching, photography and other uses;
(6) providing open space and aesthetic values, particularly in rapidly developing areas;
(7) providing unique educational and research opportunities because of
their high diversity of plants and animals, their support for a high
incidence of threatened and endangered species, and their function as a
natural buffer for rivers, lakes and streams;
(8) supplying nutrients in freshwater food cycles and serving as nursery
areas and sanctuaries for young fish; and
(9) helping to protect shorelines from the forces of water erosion.
(Source: P.A. 86-157.)
(20 ILCS 830/1-3) (from Ch. 96 1/2, par. 9701-3)
Sec. 1-3. 
		Application. 
		The General Assembly recognizes the
environmental, economic and social values of the State's remaining wetlands
and directs that State agencies shall preserve, enhance, and create
wetlands where possible and avoid adverse impacts to wetlands from:
(a) State and State pass-through funded construction activities.  This
Act does not apply to construction activities costing less than $10,000, in
which non-public contributions are at least 25 percent of the total cost.
 This Act does not apply to cleanup of contaminated sites authorized, funded
or approved pursuant to:  (1) the federal Comprehensive Environmental
Response Compensation and Liability Act of 1980 (P.L. 96-510), as amended;
(2) the leaking underground storage tank program, as established in Subtitle
I of the Hazardous and Solid Waste Amendments of 1984 (P.L. 98-616), as
amended, of the Resource Conservation and Recovery Act of 1976 (P.L.
94-580); (3) the State remedial action program established under Section 4
of the Environmental Protection Act, as amended, or any other Section of
this Act or regulations promulgated thereunder which pertain to the above
exempted federal cleanup programs.
This Act does not apply to projects receiving loan assistance provided to
local government units under the provisions of the Illinois Water Pollution
Control Revolving Fund, that are subject to review under the National
Environmental Policy Act of 1969 (NEPA) or the state equivalent, pursuant
to rules governing the Illinois Water Pollution Control Revolving Fund.
(b) State supported land management activities;
(c) State and State supported technical assistance programs; and
(d) Other State activities that result in adverse impacts to wetlands.
Educational materials produced with State support, shall be consistent
with the policies contained within this Act.
(Source: P.A. 86-157.)
(20 ILCS 830/1-4) (from Ch. 96 1/2, par. 9701-4)
Sec. 1-4. 
		State goal. 
		It shall be the goal of the State that there
be no overall net loss of the State's existing wetland acres or their
functional value due to State supported activities.  Further, State
agencies shall preserve, enhance and create wetlands where necessary in
order to increase the quality and quantity of the State's wetland
resource base.
(Source: P.A. 86-157.)
(20 ILCS 830/1-5) (from Ch. 96 1/2, par. 9701-5)
Sec. 1-5. 
		Goal implementation. 
		The goal is implemented through a State
Wetland Mitigation Policy and the development of Agency Action Plans.
(Source: P.A. 86-157.)
(20 ILCS 830/1-6) (from Ch. 96 1/2, par. 9701-6)
Sec. 1-6. 
		Definitions. 
		As used in this Act:
(a) "Wetland" means land that has a predominance of hydric soils (soils
which are usually wet and where there is little or no free oxygen) and that
is inundated or saturated by surface or groundwater at a frequency and
duration sufficient to support, and that under normal circumstances does
support, a prevalence of hydrophytic vegetation (plants typically found in
wet habitats) typically adapted for life in saturated soil conditions.
Areas which are restored or created as the result of mitigation or planned
construction projects and which function as a wetland are included within
this definition even when all three wetland parameters are not present.
(b) "Adverse wetland impacts" means any land management and construction
or related project activity which directly or indirectly reduces the size
of a wetland or impairs a wetland's functional value, as described in
subsection (c) of Section 1-2 of this Act, or the hydraulic and
hydrologic characteristics of a wetland.
(c) "Director" means the Director of Natural Resources.
(d) "Department" with reference to this Act means the Department of
Natural Resources.
(e) "Committee" means the Interagency Wetlands Committee created by this
Act.
(f) "Mitigation" includes avoiding, minimizing or compensating for
adverse wetland impacts.  This includes:
(1) Avoiding the impact altogether by not taking a     certain action or parts of an action;
(2) Minimizing the impact by limiting the magnitude     of the action; and
(3) Compensating for the impact by replacing or     providing substitute wetland resources or environments.
(g) "Agency Action Plan" means a plan developed by an individual agency
to implement this Act.
(h) "Wetland Compensation Plan" means a plan developed for each
individual construction project that details how the responsible agency
will compensate for actions which will result in adverse wetland impacts.
(i) "Conservation Organization" means an organization, legally
established under Illinois Law, for the purpose of managing and protecting
natural resources.
(j) "Necessary" means in a manner consistent with the intent of this Act.
(Source: P.A. 89-445, eff. 2-7-96.)