Illinois Administrative Code › Title 17 - CONSERVATION › Part 1090 - IMPLEMENTATION PROCEDURES FOR THE INTERAGENCY WETLANDS POLICY ACT › Section 1090.30 - Actions Exempted

Current through Register Vol. 48, No. 28, July 12, 2024
Any construction, land management, or other activity funded or
				performed by a State agency that will not result in an adverse impact to a
				wetland and the following actions are exempt from this Part:
a) Established and continuous agricultural
			 and forestry production activities, including the distribution of water for
			 agricultural activity as defined. Maintenance and operation of existing
			 residences and facilities; upland soil and water conservation practices,
			 causeways, bridges, or water control structures; provided that these activities
			 do not adversely impact wetlands on which agricultural and forestry activities
			 were not conducted prior to the effective date of this Part. Activities on
			 areas lying fallow as part of a conventional rotational cycle or as the result
			 of participation in a State or federal farm program are part of an established
			 and continuous operation. Activities that bring an area into farming or
			 ranching use are not part of an established and continuous operation. An
			 operation ceases to be established and continuous when the area in which the
			 agricultural or forestry activity was conducted has been converted to another
			 use or has lain idle so long that modifications to the hydrological regime are
			 necessary to resume operation;
b)
			 Activities involving the repair, in-kind replacement, maintenance, or emergency
			 reconstruction of recently damaged portions of currently serviceable structures
			 including dikes, dams, levees, groins, riprap, breakwaters, bridge abutments,
			 piers, appurtances or approaches, culverts, storm sewers, field tiles,
			 retaining walls and appurtenant structures, water control structures, and
			 transportation structures provided that such activities do not adversely impact
			 or cause the conversion of a wetland. Maintenance does not include any
			 modification that changes the character, scope, or size of the original fill
			 design;
c) Activities undertaken
			 for the maintenance of existing ponds, stormwater detention basins and
			 channels, drainage ditches or navigation channels;
d) Wetland management practices on lands that
			 are used primarily for the management of waterfowl, other migratory water birds
			 or furbearers if such practices took place on these lands prior to the
			 effective date of this Part.
1) This includes
			 vegetation management which may include the use of fire, chemical and/or
			 mechanical (hydro-axe, bulldozer, rome disk, or similar equipment) removal of
			 invading woody and/or herbaceous vegetation to maintain a preferred
			 successional stage. Use of chemicals will be by a certified applicator and
			 chemicals will be registered for appropriate use.
2) Clearing or removal of woody vegetation
			 will be limited to 4-inch dbh or smaller material for the purpose of
			 establishing and/or maintaining the successional stage of a wetland as a
			 herbaceous wetland vegetated by native moist soil plants and/or selected
			 wildlife food plants.