reglab/statecodes huggingface dataset:
Illinois Administrative Code › Title 17 - CONSERVATION › Part 3700 - CONSTRUCTION IN FLOODWAYS OF RIVERS, LAKES AND STREAMS › Section 3700.45 - Permit Application Fee

Current through Register Vol. 48, No. 28, July 12, 2024
a) If a
			 permit is required for the activity proposed and is not already permitted by a
			 Statewide Permit authorization (see Section
			 3700.80 ),
			 permit applicants must pay a non-refundable permit application review fee. The
			 fee will be determined by the Department, and the applicant shall be notified
			 of that determination immediately after review of the application. When
			 appropriate and when it is in the best interest of the State, the Department
			 may enter into agreements to allow other State agencies to offset the cost of
			 fees by providing in-kind services in lieu of cash payments. As outlined in
			 this subsection (a), the review fee shall be calculated based on the
			 determination of the base review fee, the application of an escalation
			 adjustment factor, and the addition of review fees from any other applicable
			 Parts (see subsection (a)(3)). Further processing of the application will not
			 be initiated until the review fee is received.
1) The base review fee will be as follows:
A) $200 for previously permitted construction
			 activities requiring new permit authorization in accordance with Section
			 3700.88
			 and not involving any changes from the previously permitted activity;
			 or
B) $500 for construction
			 activities that comply with the terms and conditions of a general permit (in
			 accordance with Section
			 3700.85 );
			 or
C) $1000 for construction
			 activities that the Department determines will not require review of a
			 hydrologic and/or hydraulic analysis to demonstrate compliance with the
			 standards listed in Sections
			 3700.60,
			 3700.70
			 and
			 3700.75;
			 or
D) $2500 for construction
			 activities such as levees, certain bridge/culvert crossings, and major floodway
			 filling that the Department determines will require review of a hydrologic
			 and/or hydraulic analysis to demonstrate compliance with the standards listed
			 in Sections 3700.60, 3700.70 and 3700.75. The base review fee shall be
			 increased an additional $1500 for applications requiring public notice in
			 accordance with Section
			 3700.50.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 3700 - CONSTRUCTION IN FLOODWAYS OF RIVERS, LAKES AND STREAMS › Section 3700.50 - Notice to Interested Parties

Current through Register Vol. 48, No. 28, July 12, 2024
When necessary or helpful to obtain information required for
				its evaluation, the Department will issue a notice of the application to
				potentially impacted parties allowing a period of 21 days for comment. This
				notice procedure will generally be limited to major projects such as levees and
				channel modifications.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 3700 - CONSTRUCTION IN FLOODWAYS OF RIVERS, LAKES AND STREAMS › Section 3700.60 - Departmental Standards

Current through Register Vol. 48, No. 28, July 12, 2024
a) Except
			 as provided in Section
			 3700.70,
			 construction that would result in an obstruction to flood flows or a reduction
			 in flood storage capacity in a delineated floodway will not be permitted unless
			 the application shows the criteria of subsection (b) are met.
b) Permits will be granted for construction
			 that would not singularly or cumulatively result in flood damages or potential
			 flood damages outside the project right-of-way due to increases in flood
			 heights or velocities. Absent contrary evidence, this standard will be
			 considered met if, for the worst-case analysis (see Section
			 3700.20 ):
1) the application shows that:
A) any water surface profile increase would
			 be contained within the channel banks (or within existing vertical extensions
			 of the channel banks such as within the design protection grade of existing
			 levees or floodwalls) or flood easements; or
B) in urban areas, the water surface profile
			 increase would not exceed 0.1 foot; or
C) in rural areas, the water surface profile
			 increase would not exceed 0.5 feet; and
Illinois Administrative Code › Title 17 - CONSERVATION › Part 3700 - CONSTRUCTION IN FLOODWAYS OF RIVERS, LAKES AND STREAMS › Section 3700.70 - Special Provisions for Bridges and Culverts

Current through Register Vol. 48, No. 28, July 12, 2024
a) General Standards for New Bridges and
			 Culverts
Permits will be granted for new bridges and culverts that would
				not result in flood damages or potential flood damages outside the project
				right-of-way due to increases in flood heights or velocities. Absent contrary
				evidence, this standard will be considered met if, for the worst-case analysis
				(see Section
				3700.20 ):
1) the application shows that:
A) any water surface profile increase would
			 be contained within the channel banks (or within existing vertical extensions
			 of the channel banks such as within the design protection grade of existing
			 levees or floodwalls) or flood easements; or
B) in urban areas, the water surface profile
			 increase would not exceed 0.5 feet at the structure, nor 0.1 foot at a point
			 1000 feet upstream of the structure as determined by the horizontal projection
			 of the increase and the slope of the hydraulic grade line; or
C) in rural areas, the water surface profile
			 increase would not exceed 1.0 foot at the structure, nor 0.5 feet at a point
			 1000 feet upstream of the structure as determined by the horizontal projection
			 of the increase and the slope of the hydraulic grade line; and
Illinois Administrative Code › Title 17 - CONSERVATION › Part 3700 - CONSTRUCTION IN FLOODWAYS OF RIVERS, LAKES AND STREAMS › Section 3700.75 - Special Provisions for Levees and Floodwalls

Current through Register Vol. 48, No. 28, July 12, 2024
The flood discharge that would just overtop a levee or
				floodwall shall be used for the worst-case analysis (see Section
				3700.20
				).
Illinois Administrative Code › Title 17 - CONSERVATION › Part 3700 - CONSTRUCTION IN FLOODWAYS OF RIVERS, LAKES AND STREAMS › Section 3700.80 - Statewide Permits

Current through Register Vol. 48, No. 28, July 12, 2024
The Department may, by issuance of a statewide permit, grant
				approval for specific types of activities that meet the standards defined in
				Section
				3700.60 or
				3700.70.
				Subsequent to the issuance of a statewide permit, no application or further
				authorization will be required by the Department for activities meeting the
				terms and conditions of the statewide permit. Statewide permits will be issued
				only after notice and opportunity for public review and
				comment.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 3700 - CONSTRUCTION IN FLOODWAYS OF RIVERS, LAKES AND STREAMS › Section 3700.85 - General Permits

Current through Register Vol. 48, No. 28, July 12, 2024
The Department may, for the purpose of providing
				more expeditious processing of permit applications, issue general permits
				pertaining to specific types of activities, such as boat launching facilities,
				meeting conditions necessary to assure compliance with the purpose and intent
				of this Part. General permits may be applicable on a statewide basis or may be
				restricted to specified rivers, lakes and streams, or reaches of rivers and
				streams. Subsequent to the issuance of a general permit, individual
				applications must still be submitted but authorizations will be granted for
				activities meeting all of the terms and conditions of the general permit
				without notice or interagency coordination. General permits will be issued only
				after notice and opportunity for public review and
				comment.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 3700 - CONSTRUCTION IN FLOODWAYS OF RIVERS, LAKES AND STREAMS › Section 3700.88 - Permits Not Transferable

Current through Register Vol. 48, No. 28, July 12, 2024
Permits issued pursuant to this Part are not
				transferable. If the property rights for the grounds on which the project will
				be located are transferred before the authorized construction is completed, the
				new entity must apply for a permit under its name. The application for permit
				may incorporate by reference all information from the previous permit that is
				determined by the Department to be pertinent to the new
				application.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 3700 - CONSTRUCTION IN FLOODWAYS OF RIVERS, LAKES AND STREAMS › Section 3700.90 - Denial of Applications

Current through Register Vol. 48, No. 28, July 12, 2024
Applications not meeting the requirements of this Part will be
				denied. If an application for permit is denied, the Department will submit a
				letter, based on the administrative record, to the applicant explaining the
				reason(s) for denial. The application may be resubmitted for consideration if
				it can be modified to meet the Department's objections as specified in the
				letter of denial.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 3700 - CONSTRUCTION IN FLOODWAYS OF RIVERS, LAKES AND STREAMS › Section 3700.100 - Violations and Enforcement

Current through Register Vol. 48, No. 28, July 12, 2024
a) When
			 the Department becomes aware of an unauthorized activity or permit violation,
			 it will conduct an investigation to determine the facts regarding the activity
			 or violation and will advise the responsible party what actions are required to
			 comply with State statutes and this Part. When the responsible party fails to
			 perform the specified actions, enforcement will be sought as determined by the
			 Department to be necessary and appropriate.
b) Investigations may be initiated by the
			 Department on its own or in response to complaints involving activities
			 undertaken without a permit, or activities not in compliance with the terms and
			 conditions of a permit. Complaints shall be in writing and shall contain the
			 name, address and telephone number of the party believed to be responsible, the
			 nature of the alleged violation, the location of the activity and the name of
			 the body of water affected.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 3700 - CONSTRUCTION IN FLOODWAYS OF RIVERS, LAKES AND STREAMS › Section 3700.110 - Final Administrative Decision

Current through Register Vol. 48, No. 28, July 12, 2024
The approval or denial of applications for permit under this
				Part shall be considered final administrative decisions and are subject to
				judicial review in accordance with Article III of the Code of Civil Procedure
				(Administrative Review Law) [735 ILCS 5 /Art. III].
Illinois Administrative Code › Title 17 - CONSERVATION › Part 3702 - CONSTRUCTION AND MAINTENANCE OF DAMS › Section 3702.10 - Purpose

Current through Register Vol. 48, No. 28, July 12, 2024
a) The purpose of
			 this Part is to provide information on the procedures that the Illinois
			 Department of Natural Resources (Department), Office of Water Resources (OWR)
			 will follow in its dam safety inspection and regulation program. This Part
			 covers permit and other procedures for construction and maintenance of new dams
			 and for necessary modification and maintenance of existing dams.
b) The establishment of rigid criteria or
			 rigid standards for new and existing dams is not intended. This Part sets forth
			 minimum standards which are consistent with current engineering practices.
			 Variations from these standards may be necessary because of specific conditions
			 at individual dams.
c) Adherence to
			 this Part does not guarantee the safety of a dam or relieve the owner of
			 liability in case of a dam failure. The OWR does not undertake to insure or
			 certify the adequacy of any dam structure or appurtenance.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 3702 - CONSTRUCTION AND MAINTENANCE OF DAMS › Section 3702.30 - Applicability

Current through Register Vol. 48, No. 28, July 12, 2024
a) Classification
1) Dams will be categorized in one of three
			 classes, according to the degree of threat to life and property in the event of
			 a dam failure. The three classes of dams are:
A) Class I - Dams located where failure has a
			 high probability for causing loss of life or substantial economic loss in
			 excess of that which would naturally occur downstream of the dam if the dam had
			 not failed. A dam has a high probability for causing loss of life or
			 substantial economic loss if it is located where its failure may cause
			 additional damage to such structures as a home, a hospital, a nursing home, a
			 highly traveled roadway, a shopping center, or similar type facilities where
			 people are normally present downstream of the dam. This is similar to U.S. Army
			 Corps of Engineers HIGH HAZARD POTENTIAL category as defined in the Corps
			 Guidelines, and the U.S. Soil Conservation Service Class (c) dams as defined in
			 Soil Conservation Service Technical Release No. 60.
B) Class II - Dams located where failure has
			 a moderate probability for causing loss of life or may cause substantial
			 economic loss in excess of that which would naturally occur downstream of the
			 dam if the dam had not failed. A dam has a moderate probability for causing
			 loss of life or substantial economic loss if it is located where its failure
			 may cause additional damage to such structures as a water treatment facility, a
			 sewage treatment facility, a power substation, a city park, a U.S. Route or
			 Illinois Route highway, a railroad or similar type facilities where people are
			 downstream of the dam for only a portion of the day or on a more sporadic
			 basis. This is similar to U.S. Army Corps of Engineers SIGNIFICANT HAZARD
			 POTENTIAL category and the U.S. Soil Conservation Service Class (b)
			 dams.
C) Class III - Dams located
			 where failure has low probability for causing loss of life, where there are no
			 permanent structures for human habitation, or minimal economic loss in excess
			 of that which would naturally occur downstream of the dam if the dam had not
			 failed. A dam has a low probability for causing loss of life or minimal
			 economic loss if it is located where its failure may cause additional damage to
			 agricultural fields, timber areas, township roads or similar type areas where
			 people seldom are present and where there are few structures. This corresponds
			 to U.S. Army Corps of Engineers LOW HAZARD POTENTIAL category and U.S. Soil
			 Conservation Service Class (a) dams.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 3702 - CONSTRUCTION AND MAINTENANCE OF DAMS › Section 3702.35 - Permit Application Fee

Current through Register Vol. 48, No. 28, July 12, 2024
a) If a
			 permit is required for the activity, permit applicants must pay a
			 non-refundable permit application review fee. The fee will be determined by the
			 Department, and the applicant shall be notified of that determination
			 immediately after review of the application. When appropriate and when it is in
			 the best interest of the State, the Department may enter into agreements to
			 allow other State agencies to offset the cost of fees by providing in-kind
			 services in lieu of cash payments. As outlined in this subsection (a), the
			 review fee shall be calculated based on the determination of the base review
			 fee, the application of an escalation adjustment factor, and the addition of
			 the review fees from any other applicable Parts (see subsection (a)(3)).
			 Further processing of the application will not be initiated until the review
			 fee is received.
1) The base review fee shall
			 be as follows:
Construction of New Dam
Class I & II
$5000
Class III
$4500
Major Modification of Existing Dam
Class I & II
$3500
Class III
$2500
Operating Authorization for Existing Dam
(as required under Sections
						  3702.30(c)(1)(E)
and
						  3702.100
						  )
All classifications
$1500
Removal of Dam
All classifications
$2500
2)
			 Annual Escalation Adjustment
A) The base
			 review fee amounts in subsection (a)(1) shall be adjusted on July 1 each year
			 to account for inflation. The U.S. Bureau of Labor Statistics' Consumer Price
			 Index Table for all urban consumers (CPI-U), U.S. city average, all items, base
			 period 1982-1984 = 100 (Series ID: CUUR0000SA0) (available on the U.S. Bureau
			 of Labor Statistics' website) shall be used to calculate the adjustment factor.
			 The adjustment factor shall be directly proportional to the change in the CPI
			 since June 2013 and shall be calculated according to the following formula:
Adjustment factor
=
CPI (May of current year)
CPI (June 2013)
B) The
			 base fee amounts in subsection (a)(1) shall be multiplied by this factor and
			 rounded to the nearest $10 to compute the review fee for the coming fiscal year
			 (July 1 through June 30). The review shall be capped at $5000. The dollar
			 amounts that result from these calculations will be posted on the Department's
			 website at
www.dnr.illinois.gov
.
3) Review Fee for Multiple-Regulation
			 Projects
If the construction activity being applied for also requires
				authorization under 17 Ill. Adm. Code 3700, 3704 and/or 3708, the review fee
				for each Part shall be added to calculate the total review fee. The total
				review fee shall be capped at $5000.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 3702 - CONSTRUCTION AND MAINTENANCE OF DAMS › Section 3702.70 - Application for Permit to Remove Dams - Contents

Current through Register Vol. 48, No. 28, July 12, 2024
Application for a permit to remove a dam shall be made on forms
				provided by OWR. Separate applications are required for each dam. The
				application shall include, as a minimum:
a) Plans and documents, sealed, signed and
			 dated by an engineer, stating that the design documents have been prepared
			 under the engineer's personal supervision and are in conformance with this
			 Part.
b) Computations for design of
			 the method and timing for dewatering the reservoir.
c) Design plans and computations to effect
			 the breach, including size of breach, shape of breach and disposal of spoil
			 material.
d) Plans and computations
			 for controlling erosion at the site of the breach during and after the
			 breach.
e) Computations detailing
			 the effects of the breach on the channel downstream of the breach.
f) Plans and computations for restoring the
			 channel upstream of the breach.
g)
			 Plans and computations for control of sediment deposits in the
			 reservoir.
h) Plans for the
			 restoration of the bed of the reservoir.
i) Plans for maintenance of the breach,
			 downstream and upstream channels, and reservoir bed.
j) A time schedule for initiation and
			 completion of all phases of the removal of the dam operation.
k) Agreement of the applicant to provide
			 as-built plans upon completion of removal. These plans shall be signed by the
			 engineer or other qualified personnel who was responsible for inspection during
			 the removal.
l) Right of access
			 authorization for the OWR to inspect the breach site and vicinity before,
			 during and after breaching operations and until restoration of the stream and
			 impacted area is complete.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 3702 - CONSTRUCTION AND MAINTENANCE OF DAMS › Section 3702.80 - Dam Breach Wave Advisories

Current through Register Vol. 48, No. 28, July 12, 2024
For certain Class I or Class II dams which, because of physical
				conditions or density or downstream land use, would be a threat to life and
				property if failure occurred, OWR may file a dam breach wave advisory with the
				appropriate county clerk outlining the probable extent and impact of a dam
				failure on the affected downstream area.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 3702 - CONSTRUCTION AND MAINTENANCE OF DAMS › Section 3702.90 - Datum For Dam Elevations

Current through Register Vol. 48, No. 28, July 12, 2024
All elevations for Class I and Class II dams shall be on the
				National Geodetic Vertical Datum (same as mean sea level (MSL) 1179 adj.).
				Where possible, Class III dams shall also be on the NGVD datum. (Datum means
				the level surface used for reference in determining the elevations of features
				of a dam)
Illinois Administrative Code › Title 17 - CONSERVATION › Part 3702 - CONSTRUCTION AND MAINTENANCE OF DAMS › Section 3702.100 - Permits Not Transferable

Current through Register Vol. 48, No. 28, July 12, 2024
Permits issued pursuant to this Part are not transferable. Upon
				transfer of ownership of a dam whether previously permitted or not, the new
				owner must immediately apply for a permit under his own name. The application
				for permit may incorporate by reference all information from the previous
				permit that is determined by OWR to be pertinent to the new
				permit.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 3702 - CONSTRUCTION AND MAINTENANCE OF DAMS › Section 3702.110 - Acceptance Of Other Agency Permits

Current through Register Vol. 48, No. 28, July 12, 2024
If an applicant demonstrates to OWR that he has met the
				requirements of another state or federal agency's permit for a new dam or major
				modifications to an existing dam, and that the other permit requirements are
				substantially equivalent to corresponding requirements under this Part, then
				submittal of the other permit with the completed Application for Permit form
				will be considered sufficient evidence that the corresponding requirements of
				this Part have been met.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 3702 - CONSTRUCTION AND MAINTENANCE OF DAMS › Section 3702.120 - Use Of Joint Permit Forms

Current through Register Vol. 48, No. 28, July 12, 2024
OWR may enter into agreements with federal or state agencies
				having appropriate permit authority for construction of dams, to develop a
				single Application for Permit form to satisfy the requirements of each of the
				concerned agencies.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 3702 - CONSTRUCTION AND MAINTENANCE OF DAMS › Section 3702.130 - Permit Application

Current through Register Vol. 48, No. 28, July 12, 2024
a) Notice
			 and Comment
1) Upon receipt of a complete
			 application, OWR shall prepare and distribute a public notice of the
			 application, allowing a period of twenty-one (21) days for the submission of
			 comments. OWR may extend the comment period upon written request showing just
			 cause. The extension shall not exceed fifteen (15) days.
2) Public notices shall be released as a news
			 item through the Department's Office of Public Affairs, and shall be mailed to
			 the following:
A) Adjacent upstream and
			 downstream property owners.
B)
			 Interested state and federal agencies.
C) Area legislators.
D) Local officials.
E) Interested groups and
			 organizations.
3)
			 Failure to publish this notice will not affect the substantive or procedural
			 rights of any affected party.
4) If
			 relevant objections are received in response to the public notice, they shall
			 be forwarded to the applicant suggesting that a mutually satisfactory
			 resolution be achieved if possible. If a resolution cannot be achieved, the
			 applicant shall advise OWR of his views regarding the validity of the
			 statements contained in the objection. OWR will then evaluate the objections
			 and the applicant's response and determine the appropriate
			 resolution.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 3702 - CONSTRUCTION AND MAINTENANCE OF DAMS › Section 3702.140 - Permit Approval

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
			 Department shall either approve or deny an application for permit within ninety
			 (90) days of the receipt of the complete application (or one-hundred and fifty
			 (150) days in the event a hearing is held) unless a longer time period is
			 agreed to in writing by the applicant. If the Department has neither approved
			 nor denied the application within these time limits, the application will be
			 deemed approved. The time limit for final Department action on a permit
			 application shall be computed from the date on which the Department has
			 received all information required in Sections
			 3702.40
			 and
			 3702.60
			 or
			 3702.50
			 and
			 3702.70.
			 The applicant will be advised within forty-five (45) days of the receipt of the
			 application if additional data are required. If additional data or revised
			 plans are required by the Department, the time between the request and the
			 receipt of the requested material will not be counted in these time periods.
			 Also, the time required for resolution of relevant objections shall not be
			 counted in these time periods.
b)
			 OWR may give emergency approval of construction if the applicant agrees to make
			 all modifications, at the applicant's expense, which are reasonably required by
			 OWR, upon completion of a detailed review and expiration of the public comment
			 period. (An example of a situation in which emergency approval might be granted
			 is: If a dam was severely deteriorated, and immediate repairs were necessary to
			 prevent dam failure.)
Illinois Administrative Code › Title 17 - CONSERVATION › Part 3702 - CONSTRUCTION AND MAINTENANCE OF DAMS › Section 3702.150 - Enforcement, Administrative Order, and Judicial Action

Current through Register Vol. 48, No. 28, July 12, 2024
Before requiring major modifications or breach of an existing
				dam, or engineering studies and surveys necessary to determine the proper
				design for any such remedial measures, OWR shall provide notice and opportunity
				for a hearing. The Director shall require breach or modification of an existing
				dam only upon a determination that the dam constitutes a serious threat to life
				or a threat of substantial property damage. If the Director finds that major
				modification or removal is required, the Director will issue an order to the
				dam owner requiring that he take the appropriate corrective action. The order
				may provide that all existing OWR permits applicable to the dam be revoked. If
				a dam owner fails to comply with this Part or conditions of a permit issued
				under this Part, or an order issued under this Part, the Director may seek
				appropriate judicial action to obtain compliance.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 3702 - CONSTRUCTION AND MAINTENANCE OF DAMS › Section 3702.160 - Dam Owner Non-Compliance

Current through Register Vol. 48, No. 28, July 12, 2024
a) OWR
			 will review all instances of alleged non-compliance with this Part or
			 conditions of a permit or order issued under this Part. OWR will provide the
			 owner reasonable opportunity to submit all relevant information concerning the
			 issue of compliance.
b) If OWR
			 finds non-compliance, OWR may issue a notice of non-compliance to the dam
			 owner, specifying the nature of the non-compliance, the nature of the dam
			 deficiencies if known, and the hazards which may result if known. OWR may issue
			 a notice of non-compliance if the non-compliance is not a substantial risk to
			 human life, and that continued non-compliance is not likely to result in a
			 hazard to human life.
c) OWR may
			 request that the Director hold a hearing pursuant to Section
			 3702.170
			 on the issue of non-compliance, if it finds that there are issues of fact or
			 law for which a hearing is the most appropriate means of receiving
			 information.
d) If the Director
			 finds non-compliance, the Director may issue an order, and if necessary seek
			 judicial enforcement, pursuant to Section
			 3702.150.
e) OWR will send orders issued by the
			 Director and notices of significant non-compliance, related dam deficiencies,
			 and the hazards which may result, to: the appropriate officials of the affected
			 city or county, the State's Attorney of the county in which the dam is located,
			 IEMA, and all known downstream property owners and residents who might be
			 threatened as a result of the deficiencies.
f) OWR will also provide general information
			 concerning the defective dam or other non-compliance, as appropriate, to
			 concerned officials, property owners and users, and other interested
			 persons.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 3702 - CONSTRUCTION AND MAINTENANCE OF DAMS › Section 3702.170 - Permit, Enforcement, Dam Classification, Existing Dam Spillway Design Variation, and Non-Compliance Hearing Procedures

Current through Register Vol. 48, No. 28, July 12, 2024
Permit, enforcement, dam classification, existing dam spillway
				design variation and non-compliance hearings shall be held in accordance with
				the procedures established in contested cases under Article 10 of the Illinois
				Administrative Procedure Act. In addition, for all hearings held by the
				Director or OWR under this section, the following procedures shall
				apply:
a) All affected parties shall
			 be afforded an opportunity for hearing after reasonable notice is served
			 personally or by certified or registered mail upon the parties or their
			 agents.
b) The Director may issue
			 subpoenas for the attendance of witnesses or to produce books and
			 papers.
c) The record of hearing
			 shall include verbatim all written testimony and evidence, as well as all oral
			 proceedings recorded stenographically or otherwise.
d) A final decision or order shall be in
			 writing including findings and the rationale for the decision; and the parties
			 or their agents shall be notified personally or by registered or certified mail
			 of the decision.
e) A decision or
			 order to require breaching or modification of a dam shall include:
1) A detailed and specific list of defects
			 discovered by inspection of the dam and
2) A statement of the requirements with which
			 the owner must comply pursuant to this Part.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 3702 - CONSTRUCTION AND MAINTENANCE OF DAMS › Section 3702.180 - Assistance Concerning Non-Complying Dams

Current through Register Vol. 48, No. 28, July 12, 2024
OWR will cooperate with the Illinois Emergency Management
				Agency to provide assistance to local officials or property owners who may wish
				to institute appropriate emergency procedures for downstream areas threatened
				with damage from failure of a non-complying dam.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 3702 - CONSTRUCTION AND MAINTENANCE OF DAMS › Section 3702.190 - Emergency Procedures

Current through Register Vol. 48, No. 28, July 12, 2024
a) In the
			 event a dam constitutes a serious threat to life or a threat of substantial
			 property damage and is found to be in immediate danger of failure, OWR shall
			 give the owner proper notice, providing the owner is known, is immediately
			 available, and is competent, to take those actions necessary to prevent or
			 alleviate threat to life and property downstream of the dam.
b) The actions may include, but are not
			 limited to lowering normal pool level, complete dewatering, breaching of the
			 dam, and initiating a surveillance program for dam and lake conditions. The
			 action required of the dam owner may also include, in cooperation with
			 appropriate state and local officials, initiating emergency procedures for
			 evacuation of downstream areas threatened with breach damage. OWR may hold
			 public meetings in the area and issue press releases, when these are the most
			 expedient means for informing the concerned persons and officials of the hazard
			 involved, or if public meetings are necessary to alleviate unfounded fears as
			 to the severity of the hazard involved.
c) If the dam owner fails to take these
			 actions in a timely manner, or if OWR finds that because of imminent hazard to
			 public safety, notice and opportunity for hearing and for appropriate action by
			 the dam owner are not feasible, then the State may pursue appropriate emergency
			 administrative or court action to deal with the emergency.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 3704 - REGULATION OF PUBLIC WATERS › Section 3704.10 - Purpose

Current through Register Vol. 48, No. 28, July 12, 2024
a) The purpose of
			 this Part is to protect the public's interests, rights, safety and welfare in
			 the State's public bodies of water. More specifically, construction will be
			 regulated to prevent:
1) Obstruction to, or
			 interference with, the navigability of any public body of water;
2) Encroachment on any public body of water;
			 and
3) Impairment of the rights,
			 interests or uses of the public in any public body of water or in the natural
			 resources thereof.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 3704 - REGULATION OF PUBLIC WATERS › Section 3704.20 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
As used in this Part, the words and terms listed shall have the
				meanings ascribed to them as follows:
"Barge Fleeting Area" A facility, at a fixed site, which is
				used to provide barge mooring services [615 ILCS 5/18
				].
"Construction" - The placement, erection or reconstruction of
				any building or structure, any filling or excavation, the installation of any
				utility, or the storage of any materials. Construction includes, but is not
				limited to, barge loading and unloading facilities, marinas, dredging and the
				disposal of dredged material, bridges, boat docking facilities, and bank
				protection activities.
"Department" - The Illinois Department of Natural
				Resources.
"Permittee" - The entity issued a permit pursuant to this
				Part.
"Public Bodies of Water" or "Public Waters" - All lakes,
				rivers, streams and waterways which are or were navigable and are open or
				dedicated to public use including all bayous, sloughs, backwaters and submerged
				lands connected by water to the main channel or body of water during normal
				flows or stages.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 3704 - REGULATION OF PUBLIC WATERS › Section 3704.30 - Jurisdiction

Current through Register Vol. 48, No. 28, July 12, 2024
a) Construction in
			 any public body of water is subject to this Part and requires a permit from the
			 Department.
b) Any activity on a
			 public body of water that could result in a restriction of the access to, or
			 use or enjoyment of, the water, such as the temporary placement of floating
			 buildings for commercial purposes and the designation of areas for exclusive
			 use for sporting events, is subject to this Part and requires a permit from the
			 Department.
c) Any activity along
			 the Lake Michigan shoreline that is located at or below the Ordinary High Water
			 Mark (OHWM) is subject to this Part and requires a permit from the Department.
			 In cases in which the OHWM is lakeward of the existing bluff, the toe of the
			 bluff will be used to determine the Department's jurisdiction.
d) The following activities are exempt from
			 this Part:
1) Normal and lawful uses of a
			 public body of water, such as commercial navigation, boating, fishing,
			 trapping, hunting, swimming and wading;
2) Barge fleeting areas;
3) Duck blinds that comply with the
			 regulations of the Illinois Department of Natural Resources;
4) The removal of trash or other
			 debris;
5) Routine maintenance and
			 repair of existing structures;
6)
			 Channel marking buoys and other similar navigation devices placed by public
			 agencies; and
7) The replacement of
			 appurtenant navigation structures, such as mooring cells, at existing barge
			 terminal facilities.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 3704 - REGULATION OF PUBLIC WATERS › Section 3704.40 - List of Public Waters and Provision For Additions

Current through Register Vol. 48, No. 28, July 12, 2024
The public waters of the State are listed in Section
				3704.Appendix A. When the Department obtains information sufficient to
				determine that a body of water is a public water, that body of water will be
				added to the list. Any person may petition for an order to add a body of water
				to the list when it can be shown that the candidate is or was navigable and is
				open or dedicated to public use. The petition shall contain the following
				information, when known:
a) Name of
			 the body of water, and in the case of a backwater lake or slough, the name of
			 the main body of water it is connected to or a part of;
b) Location: section, township, range,
			 county;
c) A statement on its past
			 or present navigability; or, alternatively, a statement that it is a backwater
			 lake or slough connected to or a part of a navigable body of water;
d) The legal authority or instrument by which
			 the body of water was opened or dedicated to public use; or
e) If documentary evidence cannot be found,
			 statements of persons living along that body of water that:
1) It is common knowledge that the water has
			 always been open to public use, or
2) It is known that the riparian owners
			 intended to dedicate the water to public use and a description of the
			 information showing the intent to dedicate such as maps, plats, or written
			 instruments;
Illinois Administrative Code › Title 17 - CONSERVATION › Part 3704 - REGULATION OF PUBLIC WATERS › Section 3704.50 - Permit Application

Current through Register Vol. 48, No. 28, July 12, 2024
a) An
			 applicant requesting a permit under this Part shall file with the Department an
			 application consisting of a properly executed application form, all plans and
			 information required to determine the effect of the construction on the public
			 body of water, and the permit application fee (see Section
			 3704.55 ).
			 All portions of the application form, including the name and address of the
			 applicant, a description of the proposed activity, the location of the
			 activity, and the names and addresses of all adjoining property owners, shall
			 be completed and all required attachments must be submitted before a
			 determination of permissibility will be made. Application forms may be obtained
			 from the Illinois Department of Natural Resources, Office of Water Resources.
			 For projects involving construction or other activities at more than one
			 location, separate permit applications shall be submitted for each
			 location.
b) Many activities
			 permitted under this Part require review by the U.S. Army Corps of Engineers
			 and the Illinois Environmental Protection Agency. To simplify application
			 procedures, the Office of Water Resources utilizes a joint application form
			 with these two agencies.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 3704 - REGULATION OF PUBLIC WATERS › Section 3704.55 - Permit Application Fee

Current through Register Vol. 48, No. 28, July 12, 2024
a) If
			 permit is required for the activity proposed and is not already permitted by a
			 Statewide Permit authorization (see Section
			 3704.110
			 ), permit applicants must pay a non-refundable permit application review fee.
			 The fee will be determined by the Department, and the applicant shall be
			 notified of that determination immediately after review of the application.
			 When appropriate and when it is in the best interest of the State, the
			 Department may enter into agreements to allow other State agencies to offset
			 the cost of fees by providing in-kind services in lieu of cash payments. As
			 outlined in this subsection (a), the review fee shall be calculated based on
			 the determination of the base review fee, the application of an escalation
			 adjustment factor, and the addition of review fees from any other applicable
			 Parts (see subsection (a)(3)). Further processing of the application shall not
			 be initiated until the review fee is received.
1) The base principal review fee shall be as
			 follows:
A) $200 for previously permitted
			 activities requiring new permit authorization in accordance with Section
			 3704.125
			 and not involving any changes from the previously permitted activity;
			 or
B) $500 for activities that
			 comply with the terms and conditions of a general permit, in accordance with
			 Section
			 3704.120;
			 or
C) $2500 for activities that the
			 Department determines would not likely have any of the impacts listed in
			 Section
			 3704.80(a);
			 or
D) $4500 ($5000 for Lake
			 Michigan) for more extensive activities such as new barge terminals, marinas
			 and water level management structures that would likely have one or more of the
			 impacts listed in Section
			 3704.80(a).
Illinois Administrative Code › Title 17 - CONSERVATION › Part 3704 - REGULATION OF PUBLIC WATERS › Section 3704.60 - Notice to Interested Parties

Current through Register Vol. 48, No. 28, July 12, 2024
Upon receipt of an application the Department will, unless the
				activity is covered by a Statewide, Regional or General Permit (see Sections
				3704.110
				and
				3704.120 of this
				Part), issue a notice of the application, allowing a period of at least 21 days
				for the submission of comments. The notice will contain a description of the
				proposed activity, its location and the name of a Department contact. Notices
				will be released as news items and will be mailed to the following:
a) Owners of adjacent and potentially
			 affected property;
b) Interested
			 state and federal agencies;
c) Area
			 legislators;
d) Local officials of
			 potentially affected communities and governmental agencies;
e) Adjacent states when interstate waters are
			 involved;
f) Groups and
			 organizations known to have an interest in actions affecting the project area;
			 and
g) The applicant.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 3704 - REGULATION OF PUBLIC WATERS › Section 3704.70 - Land Conversions and Fill Material Placement

Current through Register Vol. 48, No. 28, July 12, 2024
a) Land Conversions
The conversion of public waters to private land by filling is
				prohibited.
b) Fill
			 Material Placement
Fill material may be placed in public waters only for the
				following purposes:
1) Bank, shore or
			 bluff protection;
2) Beach
			 nourishment;
3) Establishing a
			 uniform shoreline;
4) Spur dikes,
			 wing dams, and similar structures;
5) Dams which would be in compliance with the
			 Department's rules for Construction and Maintenance of Dams, 17 Ill. Adm. Code
			 3702;
6) Projects of an emergency
			 nature which the Department determines to be in the public interest and which
			 otherwise would be in compliance with this Part such as fills needed to prevent
			 the failure of a structure;
7)
			 Projects authorized by the General Assembly, to the extent necessary to achieve
			 the purpose of the fill (such authorizations are only provided to public
			 agencies to serve public purposes);
8) Filling of a slip pursuant to the
			 provisions of 615 ILCS 5/18 (such permits are
			 only granted after public hearing and with the approval of the Governor);
			 and
9) Open water disposal of
			 material dredged from a navigation channel. Open water does not include: any
			 shallows or shorewaters predominantly occupied by submerged or floating aquatic
			 vegetation regardless of bed material transport; any backwaters, sloughs, back
			 channels, oxbows, or bays; areas within the depositional influence of dikes,
			 sills, breakwaters, or other structures where subsequent sediment transport is
			 largely arrested; or areas where sediment tends to accumulate or from which
			 sediment may migrate into a backwater.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 3704 - REGULATION OF PUBLIC WATERS › Section 3704.80 - Department Evaluation

Current through Register Vol. 48, No. 28, July 12, 2024
a) Upon
			 receipt of an application the Department will make an evaluation, based on the
			 type and magnitude of the activity and on the existing conditions of the body
			 of water in the locality of the activity, of the potential of the activity to
			 result in:
1) An obstruction to, or
			 interference with, the navigability of any public body of water;
2) An encroachment on any public body of
			 water;
3) An impairment of any
			 rights, interests or uses of the public in any public body of water or in the
			 natural resources thereof; or
4)
			 Bank or shoreline instability on other properties.
If it is determined that the activity would not cause any of
				the listed impacts, the activity will be considered permittable under this
				Part.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 3704 - REGULATION OF PUBLIC WATERS › Section 3704.90 - Departmental Standards

Current through Register Vol. 48, No. 28, July 12, 2024
a) No
			 activity which would result in an obstruction to, or interference with, the
			 navigability of any public body of water will be permitted.
b) No activity which would result in bank or
			 shoreline instability on other properties will be permitted.
c) If it is determined that an activity would
			 result in a long-term or permanent encroachment on a public body of water or
			 impairment of any rights, interests or uses of the public in the body of water
			 or in the natural resources thereof, a permit will be issued only if it is
			 demonstrated that:
1) The project has been
			 designed and will be constructed and operated in a way which will minimize and
			 mitigate to the fullest practicable extent its encroachment on the body of
			 water and its impairment of the rights, interests and uses of the public in the
			 body of water and in the natural resources thereof; and
2) There would be a public benefit, such as
			 the enhancement of navigation, boating, hunting or other normal and lawful use
			 of the body of water, resulting from the activity which would offset the
			 encroachment and/or impairment impacts.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 3704 - REGULATION OF PUBLIC WATERS › Section 3704.100 - Emergency Permit

Current through Register Vol. 48, No. 28, July 12, 2024
The Department may issue an emergency permit after receipt of a
				properly executed application (including an explanation of why the work to be
				performed is of an emergency nature) if harm to life or loss of property is
				likely to occur if initiation of the activity is delayed. An applicant for an
				emergency permit is deemed to have agreed to make modifications, at its own
				expense, required by the Department, based upon completion of a detailed review
				and on comments received during the public comment period, to bring the
				activity into compliance with this Part.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 3704 - REGULATION OF PUBLIC WATERS › Section 3704.110 - Statewide and Regional Permits

Current through Register Vol. 48, No. 28, July 12, 2024
The Department may, by issuance of a statewide or regional
				permit, grant approval for specific types of activities that would not cause
				the impacts listed in Section
				3704.80.
				Subsequent to the issuance of a statewide or regional permit, no application or
				further authorization will be required by the Department for activities meeting
				the terms and conditions of the permit. Statewide and regional permits will be
				issued only after notice and opportunity for public review and
				comment.