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Illinois Administrative Code › Title 17 - CONSERVATION › Part 3704 - REGULATION OF PUBLIC WATERS › Section 3704.120 - 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
				such conditions as 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 public bodies of water. 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 3704 - REGULATION OF PUBLIC WATERS › Section 3704.125 - Permits Not Transferrable

Current through Register Vol. 48, No. 28, July 12, 2024
Permits issued pursuant to this Part are not transferrable. 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. For permits authorizing ongoing
				management of, or withdrawal of water from, a public body of water, the new
				entity shall apply for a permit under its name even if any construction
				authorized by the permit has already been completed. The application for a
				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 3704 - REGULATION OF PUBLIC WATERS › Section 3704.130 - 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 3704 - REGULATION OF PUBLIC WATERS › Section 3704.140 - 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.
c) Any
			 structure, fill, or deposit erected or made in any of the public bodies of
			 water of this State determined to be in violation of the regulation, is a
			 purpresture and may be abated as such at the expense of the person,
			 corporation, company, city, municipality, or other agency responsible therefor
			 (Section 18 of the Act). The Department may require the owner to remove the
			 purpresture within 15 days after receipt of written notice. Any structure,
			 fill, or deposit not so removed may be removed by the Department at the owner's
			 expense.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 3704 - REGULATION OF PUBLIC WATERS › Section 3704.150 - 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 3706 - REGULATION OF CONSTRUCTION WITHIN FLOOD PLAINS › Subpart A - AUTHORITY AND PURPOSE › Section 3706.110 - Authority

Current through Register Vol. 48, No. 28, July 12, 2024
a) This Part is
				issued under the authority of the Rivers, Lakes and Streams Act [615 ILCS 5 ]
				which authorizes the Department of Natural Resources to define flood plains and
				to establish a permit procedure for regulating construction within such defined
				flood plains.
b) Flood plain
				definition and regulation is limited to townships related to projects of the
				Department authorized by the General Assembly, or as provided by law.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 3706 - REGULATION OF CONSTRUCTION WITHIN FLOOD PLAINS › Subpart A - AUTHORITY AND PURPOSE › Section 3706.120 - Purpose

Current through Register Vol. 48, No. 28, July 12, 2024
Man's activities on flood plains are subject to periodic
				  inundation which result in loss of life and property, health and safety
				  hazards, disruption of commerce and governmental services, extraordinary public
				  expenditures for flood protection and relief, and impairment of the tax base,
				  all of which adversely affect the public health, safety, and general welfare.
				  It is the purpose of this Part to protect the public health, safety, and
				  general welfare by restricting damageable flood plain improvements and uses
				  which increase flood damage potential elsewhere. The regulation is more
				  specifically adopted to:
a) Protect
				adjacent, upstream, and downstream private and public landowners from increases
				in flood heights and velocities and resulting increases in flood
				damages.
b) Minimize extraordinary
				direct and indirect costs to governmental units caused by developments within
				flood plains for roads, sewer and water, flood control works, flood relief and
				emergency services.
c) Reduce
				health and safety risks to the individual or his family or guests, prevent
				blighting, and prevent economic losses which detract from community well-being
				and the tax base.
d) Protect
				individuals from buying lands which are unsuited for intended purposes because
				of flood hazard.
e) Prevent water
				pollution, nuisances due to floating structures and debris, and increased
				sedimentation.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 3706 - REGULATION OF CONSTRUCTION WITHIN FLOOD PLAINS › Subpart A - AUTHORITY AND PURPOSE › Section 3706.130 - Objectives

Current through Register Vol. 48, No. 28, July 12, 2024
In order to achieve the objectives of this Part, it is
				  necessary to prohibit damaging or potentially damaging increases in flood stage
				  or velocity caused by alterations in or encroachments upon the regulatory flood
				  plain. All calculations of damaging or potentially damaging increases in flood
				  stage or velocity shall assume a reasonably equal degree of encroachment of
				  existing and potential uses in the flood plain and shall take into account the
				  cumulative impact of such encroachment. One or more approaches may be used to
				  prevent increased flood heights and velocities and damages to flood plain
				  uses:
a) Location of structures,
				landfills, or other construction outside of the regulatory flood plain, thus
				preserving the flood plain for uses which have no significant effect on the
				storage and conveyance of flood waters.
b) Location of limited construction in the
				flood fringe in accordance with Subpart E so that construction will be in
				itself safe from flood damage and will preserve a regulatory floodway designed
				to store and discharge flood waters with no significant increases in flood
				stage.
c) Elevation of structures
				safely above the regulatory flood protection elevation by the use of elevating
				members.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 3706 - REGULATION OF CONSTRUCTION WITHIN FLOOD PLAINS › Subpart B - GENERAL PROVISIONS › Section 3706.210 - Boundary of the Regulatory Flood Plain

Current through Register Vol. 48, No. 28, July 12, 2024
a) The boundary of the regulatory flood plain
				is located where the ground surface elevation equals the regulatory flood
				elevation. This boundary is plotted on the State Flood Plain Map. Where
				interpretation is needed as to the exact location of the boundary (for example
				when there appears to be a conflict between a mapped boundary and actual field
				conditions), the regulatory flood elevation for the point in question shall be
				the governing factor in locating the boundary on the land. Anyone contesting
				the location of a boundary shall be given reasonable opportunity to submit his
				own technical evidence.
b)
				Determination of the regulatory flood protection elevation at any point along
				the stream shall be made from the regulatory flood profile.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 3706 - REGULATION OF CONSTRUCTION WITHIN FLOOD PLAINS › Subpart B - GENERAL PROVISIONS › Section 3706.220 - Elevations

Current through Register Vol. 48, No. 28, July 12, 2024
All elevations shown on the State Flood Plain Map and on the
				  associated regulatory flood profiles shall refer to mean sea level (1929
				  adjustment) or other standard datum. The datum used shall be
				  indicated.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 3706 - REGULATION OF CONSTRUCTION WITHIN FLOOD PLAINS › Subpart B - GENERAL PROVISIONS › Section 3706.230 - Unlawful Construction on Flood Plain

Current through Register Vol. 48, No. 28, July 12, 2024
a) All construction including major
				structural modifications, additions, or replacement of existing structures
				shall be unlawful if undertaken on the herein defined regulatory flood plain
				after the effective date of this Part without a permit from the Department of
				Natural Resources. Permits will ordinarily be granted for construction which
				does not have significant flood damage potential and which will not increase
				present or future flood damages on upstream, downstream, or adjacent lands. No
				construction will be permitted which will singly, or cumulatively, cause
				significant increases in flood stage or velocity.
b) The principles included in this Part will
				be followed by the Department of Natural Resources in making permit approval
				decisions to meet the objectives of the regulation. These principles shall be
				used as guidelines rather than rigid specifications and the Department shall
				exercise such discretion in their application as may be necessary to produce
				reasonable decisions.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 3706 - REGULATION OF CONSTRUCTION WITHIN FLOOD PLAINS › Subpart B - GENERAL PROVISIONS › Section 3706.240 - Compliance with Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
Before undertaking construction on the regulatory flood
				  plain, an applicant shall comply with all requirements set forth in applicable
				  local government ordinances with respect to submission and approval of
				  preliminary and final subdivision plats, improvement plans, building and zoning
				  permits, inspections, appeals and similar matters, as well as with those set
				  forth in this Part and as may be required by Illinois statutes and regulations
				  of other departments of the State of Illinois. Construction undertaken with
				  receipt of a flood plain construction permit shall comply with all standard and
				  special conditions of that permit.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 3706 - REGULATION OF CONSTRUCTION WITHIN FLOOD PLAINS › Subpart B - GENERAL PROVISIONS › Section 3706.250 - Intention of Regulation

Current through Register Vol. 48, No. 28, July 12, 2024
It is not intended by this Part to repeal, abrogate, or
				  impair any existing easements, covenants, or deed restrictions. Where this Part
				  imposes greater restrictions, the provisions of this Part shall prevail.
				  Counties, cities and villages may adopt and enforce ordinances with greater
				  restrictions than those of this Part.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 3706 - REGULATION OF CONSTRUCTION WITHIN FLOOD PLAINS › Subpart B - GENERAL PROVISIONS › Section 3706.260 - Minimum Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
In their interpretation and application, the provisions of
				  this Part shall be held to be minimum requirements and shall be liberally
				  construed in favor of the State and shall not be deemed a limitation or repeal
				  of any other State Statutes.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 3706 - REGULATION OF CONSTRUCTION WITHIN FLOOD PLAINS › Subpart B - GENERAL PROVISIONS › Section 3706.270 - Degree of Flood Protection

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				degree of flood protection required by this Part is considered reasonable for
				regulatory purposes and is based on engineering and scientific methods of
				study. Larger floods may occur on rare occasions. Flood stages may be increased
				by man-made or natural causes, such as ice jams and bridge openings restricted
				by debris. This Part does not imply that areas outside the regulatory flood
				plain or construction within such flood plain will be free from all flooding or
				flood damages.
b) This Part shall
				not create liability on the part of the Department of Natural Resources or any
				officer or employee thereof for any flood damages that result from reliance on
				this Part or any administrative decision lawfully made thereunder.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 3706 - REGULATION OF CONSTRUCTION WITHIN FLOOD PLAINS › Subpart B - GENERAL PROVISIONS › Section 3706.280 - Severability

Current through Register Vol. 48, No. 28, July 12, 2024
If any part of this Part is adjudged unconstitutional or
				  invalid by a court of competent jurisdiction, the remainder of this Part shall
				  not be affected thereby.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 3706 - REGULATION OF CONSTRUCTION WITHIN FLOOD PLAINS › Subpart C - DELINEATION OF REGULATORY FLOOD PLAIN › Section 3706.310 - Regulatory Flood

Current through Register Vol. 48, No. 28, July 12, 2024
The regulatory flood generally has an average frequency of
				  the 100-year recurrence interval flood, based on reasonable anticipated future
				  urbanization of the watershed.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 3706 - REGULATION OF CONSTRUCTION WITHIN FLOOD PLAINS › Subpart C - DELINEATION OF REGULATORY FLOOD PLAIN › Section 3706.320 - Maps and Drawings

Current through Register Vol. 48, No. 28, July 12, 2024
At the time of implementation of this Part for an individual
				  basin, maps showing the boundaries of the regulatory flood plain and the
				  encroachment limits, and drawings showing the bottom profile, water surface
				  profile of the regulatory flood and regulatory flood protection elevation
				  profile shall be developed. These maps may be used as an aid in determining
				  whether a specific parcel of land lies within or without the regulatory flood
				  plain. The final decision, however, shall be based on the relation of the
				  surveyed ground elevation and the appropriate regulatory flood
				  elevation.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 3706 - REGULATION OF CONSTRUCTION WITHIN FLOOD PLAINS › Subpart D - REGULATORY FLOODWAY › Section 3706.410 - Determination of Regulatory Floodway

Current through Register Vol. 48, No. 28, July 12, 2024
a) The regulatory floodway shall be
				determined as that portion of the flood plain required to store and discharge
				flood waters without causing significant damaging or potentially damaging
				increases in flood heights and velocities. It is the area subject to higher
				velocities and inundation with appreciable depths at frequent
				intervals.
b) The encroachment
				limits form the landward boundaries of the regulatory floodway. The
				encroachment limits are based on hydraulic analysis to define the outer
				portions of the flood plain which do not significantly contribute to conveyance
				or to valley storage.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 3706 - REGULATION OF CONSTRUCTION WITHIN FLOOD PLAINS › Subpart D - REGULATORY FLOODWAY › Section 3706.420 - Prohibited Construction

Current through Register Vol. 48, No. 28, July 12, 2024
Construction which results in increased flood heights or
				  velocities, or causes pollution, erosion, sedimentation, fire hazards, other
				  hazards, or nuisances is prohibited.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 3706 - REGULATION OF CONSTRUCTION WITHIN FLOOD PLAINS › Subpart D - REGULATORY FLOODWAY › Section 3706.430 - Channel Relocation and Modification

Current through Register Vol. 48, No. 28, July 12, 2024
Channel relocation and modification may be permitted provided
				  conditions of Section
				  3706.650(a)
				  are met.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 3706 - REGULATION OF CONSTRUCTION WITHIN FLOOD PLAINS › Subpart D - REGULATORY FLOODWAY › Section 3706.440 - Modifications, Additions or Replacement of Existing Structures

Current through Register Vol. 48, No. 28, July 12, 2024
a) Modifications,
				additions, or replacement of existing structures which legally comply with all
				codes and regulations may be permitted so long as the new construction does not
				increase the flood damageable floor area (excluding basement floor area) of the
				existing structure by more than twenty (20) percent, and does not obstruct
				flood flows. Existing structures, as used in this Part, are structures in
				existence at the time the State Flood Plain Regulations become effective for
				the watershed in which the structure is located.
b) Floodproofing activities are permitted and
				encouraged, but must comply with Department and local floodproofing
				ordinances.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 3706 - REGULATION OF CONSTRUCTION WITHIN FLOOD PLAINS › Subpart E - REGULATORY FLOOD FRINGE › Section 3706.510 - Determination of Regulatory Flood Fringe

Current through Register Vol. 48, No. 28, July 12, 2024
Where appropriate, the regulatory flood fringe shall be
				  determined. The flood fringe, subject only to shallow inundation and low
				  velocity flows, plays a relatively insignificant role in storing and
				  discharging flood flows. Encroachment limits which form the channelward
				  boundary of the flood fringe shall be determined using hydraulic engineering
				  principles. Equal portions of conveyance shall be removed from each side of the
				  flood plain.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 3706 - REGULATION OF CONSTRUCTION WITHIN FLOOD PLAINS › Subpart E - REGULATORY FLOOD FRINGE › Section 3706.520 - Use of Flood Fringe

Current through Register Vol. 48, No. 28, July 12, 2024
a) If computed
				as described in Section
				3706.510
				the flood fringe may be filled or otherwise used without significantly
				increasing flood heights, velocities or damages.
b) A wide range of uses may be permitted in
				the flood fringe providing such uses are protected to the regulatory flood
				protection elevation. Several methods may be used to provide this protection as
				specified in Section
				3706.530.
				However, no use will be permitted which results in water pollution, increased
				sedimentation, internal drainage problems, increased threats of fire or other
				nuisance or threats to public safety. Protection of construction to the
				regulatory flood protection elevation must, in most instances, be provided
				through landfill. However, other methods of flood plain development which
				causes no significant increase in stage or velocity may be permitted if
				supported by adequate engineering data. Construction undertaken with a flood
				plain construction permit shall comply with the standard and special conditions
				of that permit.
c) Once an area has
				been filled or otherwise protected in compliance with an approved construction
				permit, subsequent construction within the protected area, above the regulatory
				flood protection elevation, may proceed without further permits if all local
				requirements such as zoning and building permits are met.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 3706 - REGULATION OF CONSTRUCTION WITHIN FLOOD PLAINS › Subpart E - REGULATORY FLOOD FRINGE › Section 3706.530 - Providing Flood Protection

Current through Register Vol. 48, No. 28, July 12, 2024
The following are acceptable methods for providing flood
				  protection:
a) Permanent Landfills
Permanent landfills may be permitted as a means of providing
				  safe construction sites, provided:
1)
				The landfill, except in exceptional circumstances, is contiguous with the
				boundary of the regulatory flood plain and shaped, in plan, so as not to create
				adverse velocities or current patterns.
2) The surface of the landfill is at or above
				the regulatory flood protection level.
3) The channelward face of the fill shall be
				protected against erosion. If protected by vegetative cover, slopes shall be no
				steeper than 3 horizontal to 1 vertical. Steeper slopes shall be protected by
				riprap. A vertical bulkhead may be used if adequately founded and protected
				against scour.
4) Fill shall be of
				such material and so compacted to provide adequate support under saturated
				conditions and shall be otherwise suitable for the use intended.
5) Adequate provision is made for conducting
				drainage across the fill.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 3706 - REGULATION OF CONSTRUCTION WITHIN FLOOD PLAINS › Subpart E - REGULATORY FLOOD FRINGE › Section 3706.540 - Floodproofing Activities

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Modification, additions, or replacement of existing structures shall be
				permitted which do not increase the flood damageable floor area (excluding
				basement floor area) of the existing structure by more than twenty (20)
				percent. Existing structures, as used in this Part, are structures in existence
				at the time the State Flood Plain Regulations become effective for the
				watershed in which the structure is located.
b) Floodproofing activities are permitted and
				encouraged, but must comply with local floodproofing ordinances. Existing
				structures may be protected by levees or floodwalls.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 3706 - REGULATION OF CONSTRUCTION WITHIN FLOOD PLAINS › Subpart F - REGULATORY FLOOD PLAIN PROVISIONS › Section 3706.610 - Temporary Fills

Current through Register Vol. 48, No. 28, July 12, 2024
Temporary fills, such as cofferdams or fills used during
				  construction, are permitted, provided the permittee assumes full liability for
				  flood damages caused by the existence of the temporary fill. The Department may
				  require the posting of a performance bond as a special condition of the
				  permit.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 3706 - REGULATION OF CONSTRUCTION WITHIN FLOOD PLAINS › Subpart F - REGULATORY FLOOD PLAIN PROVISIONS › Section 3706.620 - Protection and Construction

Current through Register Vol. 48, No. 28, July 12, 2024
a) When
				failure or interruption of service of roadways, bridges, or public utilities
				would endanger public health or safety, roadways, bridges, or public utilities
				shall be protected to the regulatory flood protection elevation. In other
				instances where only economic losses are threatened, protection shall be
				provided to the extent practical. For minor or auxiliary roads or utilities, a
				degree of protection less than the regulatory flood may be justified.
b) Anyone constructing roadways, bridges and
				public utilities within the regulatory flood plain shall either:
1) Provide waterway openings adequate to pass
				the regulatory flood with no increase in flood stage, or
2) Provide, through legal means, compensation
				for possible damage due to backwater effects. Usually, this option would
				require the following actions:
A) Establish
				backwater effects of preliminary hydraulic design of proposed bridge.
B) Estimate present and potential flood
				damages created by this backwater.
C) Successively repeat steps (A) and (B) to
				identify the optimum hydraulic design.
D) If the design of step (C) creates
				significant backwater, secure adequate land evaluation data and land ownership
				determinations to identify parcels affected.
E) Secure land rights-purchase, flowage
				easement, quitclaim, negotiated damages, etc. - as required to compensate those
				damaged.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 3706 - REGULATION OF CONSTRUCTION WITHIN FLOOD PLAINS › Subpart F - REGULATORY FLOOD PLAIN PROVISIONS › Section 3706.630 - Storage of Materials

Current through Register Vol. 48, No. 28, July 12, 2024
Materials that are buoyant, flammable, explosive, or could be
				  injurious to human, animal or plant life shall be stored at or above the
				  regulatory flood protection elevation, floodproofed, or protected by structural
				  measures consistent with the standards set forth herein. Storage of materials
				  likely to cause water pollution, in the event of flooding, is prohibited unless
				  adequate safeguards approved by the Illinois Environmental Protection Agency
				  are provided.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 3706 - REGULATION OF CONSTRUCTION WITHIN FLOOD PLAINS › Subpart F - REGULATORY FLOOD PLAIN PROVISIONS › Section 3706.640 - Emergency Repairs

Current through Register Vol. 48, No. 28, July 12, 2024
Emergency repairs and replacements which will not threaten
				  public health or safety may be constructed without a permit. If the
				  construction would normally require a permit, application for such permit must
				  be made as soon as practical. Construction must be removed if it does not
				  conform to State standards.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 3706 - REGULATION OF CONSTRUCTION WITHIN FLOOD PLAINS › Subpart F - REGULATORY FLOOD PLAIN PROVISIONS › Section 3706.650 - Government Projects

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Government projects for flood damage control or other water management purposes
				authorized by law which do not meet the specific requirements but do not meet
				the intent of this Part will be permitted provided:
1) The project does not increase flood damage
				potential.
2) Any increase in
				flooding above, below, or through the project area is compensated by project
				design.
3) The plans,
				specifications and provisions for securing required land rights have been
				approved by the Department.
4) A
				sponsoring agency is authorized and has accepted full responsibility for
				operation, maintenance, and repair of the project.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 3706 - REGULATION OF CONSTRUCTION WITHIN FLOOD PLAINS › Subpart F - REGULATORY FLOOD PLAIN PROVISIONS › Section 3706.660 - Evaluation of Existing Protection

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Protection afforded by existing dikes, levees, floodwalls and similar
				structures will be evaluated during delineation of the regulatory flood plain.
				If the existing levee provides protection to the regulatory flood protection
				elevation, to include adequate freeboard, the boundary of the regulatory plain
				will be located channelward of the levee. Regulatory flood plains will then be
				delineated along interior streams, based on their regulatory flood discharge.
				If the existing levee does not provide protection to the regulatory flood
				protection elevation, the regulatory flood plain will be delineated as if the
				levee does not exist.
b)
				Construction of new levees may be permitted as a government project as provided
				in Section
				3706.650.
				Protection must be provided equivalent to that provided by filling to the
				regulatory flood protection elevation.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 3706 - REGULATION OF CONSTRUCTION WITHIN FLOOD PLAINS › Subpart G - ADMINISTRATION › Section 3706.710 - Administration and Enforcement

Current through Register Vol. 48, No. 28, July 12, 2024
The Office Director, Office of Water Resources, shall
				  administer and enforce this Part. Permits will be executed by the Director of
				  Natural Resources, based on the examination and recommended approval of the
				  Office Director, Office of Water Resources.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 3706 - REGULATION OF CONSTRUCTION WITHIN FLOOD PLAINS › Subpart G - ADMINISTRATION › Section 3706.720 - Application for Permit

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				Office of Water Resources form "Application for Permit" shall be used for
				applying for a permit for construction within a regulatory flood
				plain.
b) Where a permit is also
				required under any Section other than Section 65(f) of the Rivers, Lakes and
				Streams Act [615 ILCS 5 ], a single application shall suffice.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 3706 - REGULATION OF CONSTRUCTION WITHIN FLOOD PLAINS › Subpart G - ADMINISTRATION › Section 3706.730 - Application Submittal

Current through Register Vol. 48, No. 28, July 12, 2024
a) Two
				completed copies of the application for permit and three sets of plans and
				specifications which provide sufficient information to determine the effect of
				the construction on the conveyance of flood waters must be submitted.
b) All required field surveys shall be
				conducted under the supervision of a Registered Professional Engineer or
				Registered Land Surveyor, and be so certified.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 3706 - REGULATION OF CONSTRUCTION WITHIN FLOOD PLAINS › Subpart G - ADMINISTRATION › Section 3706.740 - Special Conditions

Current through Register Vol. 48, No. 28, July 12, 2024
When necessary to accomplish the purposes of this Part,
				  special conditions may include deed restrictions, performance bonds or
				  sureties, as-built certifications, maintenance guarantees, floodproofing
				  requirements, fill, dike, or levee requirements, control of the design and
				  location of structures, landscaping, and other specifications related to the
				  accomplishment of the purpose of this Part. When as-built certification is
				  included as a special condition, the required key elevations or critical
				  dimensions will be specifically identified. The provisions of Section
				  3706.730(b)
				   apply.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 3706 - REGULATION OF CONSTRUCTION WITHIN FLOOD PLAINS › Subpart G - ADMINISTRATION › Section 3706.750 - Coordination with Local Government Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
Procedures necessary to coordinate this flood plain
				  regulation with existing permit requirements of applicable counties, cities,
				  and villages will be established prior to implementation. Certification of
				  compliance with local regulations may be required prior to permit
				  issuance.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 3706 - REGULATION OF CONSTRUCTION WITHIN FLOOD PLAINS › Subpart G - ADMINISTRATION › Section 3706.760 - Notice of Application

Current through Register Vol. 48, No. 28, July 12, 2024
The Office of Water Resources will provide notice of each
				  application for construction in the regulatory floodway to appropriate regional
				  planning commissions, county and municipal agencies and adjacent landowners,
				  requiring objections to be filed within 21 days. However, the basis for final
				  decision on permit issuance will be the principles stated in Subpart D and F,
				  and compliance with local regulations.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 3706 - REGULATION OF CONSTRUCTION WITHIN FLOOD PLAINS › Subpart H - VIOLATIONS › Section 3706.810 - Violations

Current through Register Vol. 48, No. 28, July 12, 2024
Construction in violation of the standards established in
				  this Part shall be prosecuted to the full extent of the enforcement powers of
				  the Department of Natural Resources as provided in
				  615 ILCS
				  5/25.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 3706 - REGULATION OF CONSTRUCTION WITHIN FLOOD PLAINS › Subpart I - AMENDMENTS › Section 3706.910 - Amending or Repealing this Part

Current through Register Vol. 48, No. 28, July 12, 2024
The provisions of this Part may be amended or repealed in
				  accordance with the Illinois Administrative Procedures Act [5 ILCS 100
				  ].
Illinois Administrative Code › Title 17 - CONSERVATION › Part 3706 - REGULATION OF CONSTRUCTION WITHIN FLOOD PLAINS › Subpart I - AMENDMENTS › Section 3706.920 - Change of Regulatory Profile, Floodway, and Flood Plain

Current through Register Vol. 48, No. 28, July 12, 2024
a) The regulatory profile, floodway, and
				flood plain shall not be changed on the basis of a proposed flood control
				structure or channel improvement. The regulatory profile, floodway, or flood
				plain may be changed after the structure or channel improvement is constructed
				and operative.
b) The regulatory
				profile, floodway, or flood plain shall not be changed unless it has been shown
				that the original delineation is in error or there are changed conditions which
				require modification of the original computations. Any person contesting the
				correctness of the delineation shall be given reasonable opportunity to submit
				his own technical evidence of error or changed conditions.
c) If the Department determines that such
				error or changed conditions exist, and would result in significant changes in
				the regulatory profile, floodway, or flood plain delineation, the Department
				will prepare appropriate exhibits indicating the proposed changes, and will
				make them available for public review. In addition, the Department will issue a
				public notice describing the proposed modifications and providing appropriate
				opportunity for public comment.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 3706 - REGULATION OF CONSTRUCTION WITHIN FLOOD PLAINS › Subpart J - VARIANCES › Section 3706.1010 - Variances

Current through Register Vol. 48, No. 28, July 12, 2024
Variances from the regulatory flood protection elevation
				  requirements of Sections
				  3706.520 and
				  3706.530
				  will be considered for structures which are insurable under the National Flood
				  Insurance Program. Variances will be considered in accordance with the
				  requirements of Title 24 CFR 1910.6(a). Variances may be issued for the
				  reconstruction, rehabilitation or restoration of structures listed on the
				  National Register of Historic Places or Illinois Historic Sites Survey without
				  regard to the procedures set forth on this Article, if the reconstruction,
				  rehabilitation, or restoration cannot be achieved without such
				  variance.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 3706 - REGULATION OF CONSTRUCTION WITHIN FLOOD PLAINS › Subpart J - VARIANCES › Section 3706.1020 - Application for Variance

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				applicant for a variance shall provide such information as the Department may
				require to determine whether the following requirements have been met:
1) The applicant must show good cause why the
				structure should not be required to comply with the regulatory flood protection
				requirements of Section
				3706.520.
2) The applicant must demonstrate that
				exceptional economic hardship will result to the applicant without a variance
				from the regulatory flood protection elevation requirements of Section
				3706.520.
3) The applicant must
				show that, except for increased flood damage potential necessarily arising from
				a variance, the construction otherwise will conform to the rules of the
				Department.
4) The applicant must
				show that the variance is the minimum necessary to afford relief.
5) The applicant must have obtained approval
				by the appropriate county or municipality of a variance conforming to 24 CFR
				1910.6(a) for the structure, and the county or municipality must be a
				participant in good standing in the National Flood Insurance Program.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 3706 - REGULATION OF CONSTRUCTION WITHIN FLOOD PLAINS › Subpart J - VARIANCES › Section 3706.1030 - Increase Premium Rates

Current through Register Vol. 48, No. 28, July 12, 2024
The applicant for a variance must state that he understands
				  that the variance will result in increased premium rates for flood insurance up
				  to amounts as high as $25 for $100 of insurance coverage, and that the
				  structure is subject to increased risks to life and property.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 3706 - REGULATION OF CONSTRUCTION WITHIN FLOOD PLAINS › Subpart J - VARIANCES › Section 3706.1040 - Permit Content

Current through Register Vol. 48, No. 28, July 12, 2024
Every permit issued under the provisions of this Article
				  shall contain a description of the variance, an estimate of the expected flood
				  losses or actuarial rate flood insurance premiums, and a requirement for notice
				  of the estimated flood losses or premiums to any prospective
				  buyer.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 3706 - REGULATION OF CONSTRUCTION WITHIN FLOOD PLAINS › Subpart K - APPEALS › Section 3706.1110 - Appeals

Current through Register Vol. 48, No. 28, July 12, 2024
The report of the Department which establishes this flood
				  plain regulation, and, subsequently, the issuance or denial of flood plain
				  construction permits by the Department shall be considered final administrative
				  decisions and are subject to judicial review in accordance with the provisions
				  of the Administrative Review Law [735 ILCS 5 /Art. III].
Illinois Administrative Code › Title 17 - CONSERVATION › Part 3708 - FLOODWAY CONSTRUCTION IN NORTHEASTERN ILLINOIS › Section 3708.10 - Purpose

Current through Register Vol. 48, No. 28, July 12, 2024
The purpose of this Part is to provide rules governing
				construction and filling in the regulatory floodway of rivers, lakes and
				streams of Cook, DuPage, Kane, Lake, McHenry and Will Counties, excluding the
				City of Chicago so that periodic inundation will not:
a) Pose a danger to the general health and
			 welfare of the user;
b) Require the
			 expenditure of public funds;
c)
			 Require the provision of public resources or disaster relief services (Section
			 18g of the Rivers, Lakes and Streams Act [615 ILCS 5 ]); and
d) Result singularly or cumulatively in
			 greater flood damages or potential flood damages due to increases in flood
			 stage or velocities or loss of flood storage.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 3708 - FLOODWAY CONSTRUCTION IN NORTHEASTERN ILLINOIS › Section 3708.30 - Jurisdiction

Current through Register Vol. 48, No. 28, July 12, 2024
a) Activities
			 Requiring a Permit Under This Part
The following activities are subject to this Part and require a
				permit from the Department: New construction within the regulatory floodways in
				Cook, Dupage, Kane, Lake, McHenry and Will Counties, except for those areas
				which are within the City of Chicago (Section 18g of the Act).
b) Exempted Activities
The following activities are specifically exempt from this
				Part: repair, remodeling or maintenance of buildings or structures in existence
				as of November 18, 1987, (Section 18g of the Act).
c) Government Activities
Activities of the Department and all other state, federal and
				local units of government such as drainage districts, school districts, park
				districts, forest preserve districts, must comply with this
				Part.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 3708 - FLOODWAY CONSTRUCTION IN NORTHEASTERN ILLINOIS › Section 3708.40 - General Provisions

Current through Register Vol. 48, No. 28, July 12, 2024
a) It is
			 not the intention of this Part to repeal, abrogate, or impair any existing
			 easements, covenants, or deed restrictions. Where this Part imposes more
			 stringent restrictions than existing easements, convenants, or deed
			 restrictions, the provisions of this Part shall prevail.
b) In their interpretation and application,
			 the provisions of this Part shall be held to be minimum requirements and shall
			 not be deemed a limitation or repeal of any other State Statutes or rules or
			 Department programs. For example, if the Department owns land to which these
			 rules apply, lessees may be required to meet lease restrictions on proposed
			 construction activities in addition to this Part.
c) This Part shall not create liability on
			 the part of the Department or any officer or employee thereof for any flood
			 damages that result from reliance on this Part or any administrative decision
			 lawfully made thereunder.
d) If any
			 part of this Part is adjudged unconstitutional or invalid by a court of
			 competent jurisdiction, the remainder of this Part shall not be affected
			 thereby.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 3708 - FLOODWAY CONSTRUCTION IN NORTHEASTERN ILLINOIS › Section 3708.50 - Regulatory Floodway Maps

Current through Register Vol. 48, No. 28, July 12, 2024
The Department will compile and keep a list of all regulatory
				floodway maps it has designated. The list will indicate the source and date of
				each designated map. Each municipality and county will be given a list of
				designated regulatory floodway maps in effect in its jurisdiction. A copy of
				the list will be available for inspection in the Office of Water Resources at
				the Region 2 Office, 2050 West Stearns Road, Bartlett IL
				60103.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 3708 - FLOODWAY CONSTRUCTION IN NORTHEASTERN ILLINOIS › Section 3708.60 - Delineation of the Regulatory Floodway

Current through Register Vol. 48, No. 28, July 12, 2024
a) The regulatory floodway is defined based
			 on a flood event that has a one percent annual chance of exceedence or an
			 expected 100-year recurrence interval. The Department encourages, but does not
			 require, that the 100-year frequency flood event be determined based on
			 anticipated future land use in the watershed. When utilized, anticipated future
			 land use should be based on adopted local or regional land use plans.
b) The boundary of the regulatory floodway is
			 portrayed on Department regulatory floodway maps. To locate the regulatory
			 floodway boundary on any site, the regulatory floodway boundary should be
			 scaled off the regulatory floodway map and located on a site plan, using
			 reference marks common to both maps. Where interpretation is needed to
			 determine the exact location of the regulatory floodway boundary, the Office
			 should be contacted for the interpretation.
c) The regulatory floodway boundaries are
			 determined by hydraulic and hydrologic analyses, which calculate that portion
			 of the flood plain which must be preserved to store and discharge floodwaters
			 without causing damaging or potentially damaging increases in flood stage and
			 flood velocities or loss of flood storage which would result singularly or
			 cumulatively in more than a 0.1 foot increase in flood stage or a 10% increase
			 in velocity.
d) The need to
			 preserve storage when defining the regulatory floodway will be waived by the
			 Department if all the municipalities and counties along a hydraulically
			 significant portion of the watershed require effective compensatory storage for
			 all construction and fill in the 100-year frequency flood plain. Effective
			 compensatory storage requires flood plain storage volumes be replaced at the
			 same flood frequency event as previously existed. Additionally, legal
			 assurances such as easements must be provided so that the compensatory storage
			 site will remain open to the stream system in order to allow flood waters to
			 reach it.
e) Determination of the
			 flood elevation at any point along the stream shall be made from the flood
			 profile.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 3708 - FLOODWAY CONSTRUCTION IN NORTHEASTERN ILLINOIS › Section 3708.70 - Permitting Appropriate Uses of the Regulatory Floodway

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Department will issue permits for
			 appropriate uses of the regulatory floodway of which periodic inundation will
			 not pose a danger to the general health and welfare of the user or require the
			 expenditure of public funds or the provisions of public resources or disaster
			 relief services (Section 18g of the Act) or result in increased flood stages
			 due to the singular or cumulative loss of regulatory floodway storage or
			 regulatory floodway conveyance or increase in flood velocities.
b) To receive a permit for work in the
			 regulatory floodway, the proposed construction shall meet two criteria:
1) The proposed construction shall be an
			 appropriate use of the regulatory floodway as defined in subsection (c);
			 and
2) The proposed construction
			 shall not reduce the regulatory floodway storage or conveyance and shall not
			 increase regulatory floodway velocities.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 3708 - FLOODWAY CONSTRUCTION IN NORTHEASTERN ILLINOIS › Section 3708.80 - Changes to the Regulatory Floodway

Current through Register Vol. 48, No. 28, July 12, 2024
a)
			 The 100-year frequency flood profile and regulatory floodway shall not be
			 changed by the Department unless one of the following has occurred:
1) The original regulatory floodway
			 delineation is shown by the applicant's engineer to be in error based upon a
			 review of physical data or the mathematical model;
2) There are changed conditions such as
			 changes in land use or modifications to the ground elevations which require
			 modification of the original regulatory floodway computations;
3) A public flood control project has been
			 constructed and is operable; or
4)
			 The unit of local government exercising zoning control over an area within its
			 corporate limits proposes or concurs in the proposal that the floodway storage
			 or conveyance be relocated to facilitate development and a unit of local
			 government will either:
A) Assume
			 responsibility to operate and maintain any modifications or improvements made
			 to relocate the floodway; or
B)
			 Have the right and will agree, upon default of the party primarily responsible
			 for such operation and maintenance, to undertake such operation and
			 maintenance.