Illinois Administrative Code › Title 17 - CONSERVATION › Part 3702 - CONSTRUCTION AND MAINTENANCE OF DAMS › Section 3702.200 - Standard Permit Conditions

Current through Register Vol. 48, No. 28, July 12, 2024
a)
			 Permits issued under this Part shall be subject to the following standard
			 conditions:
1) This permit is granted in
			 accordance with the Rivers, Lakes and Streams Act [615 ILCS 5 ].
2) This permit does not convey title to the
			 permittee or recognize title of the permittee to any submerged or other lands,
			 and furthermore, does not convey, lease, provide any right or rights of
			 occupancy or use of the public or private property on which the project or any
			 part thereof will be located, or otherwise grant to the permittee any right or
			 interest in or to the property, whether the property is owned or possessed by
			 the State of Illinois or by any private or public party or parties.
3) This permit does not release the permittee
			 from liability for damage to persons or property resulting from the work
			 covered by this permit, and does not authorize any injury to private property
			 or invasion of private rights.
4)
			 This permit does not relieve the permittee of the responsibility to obtain
			 other federal, State or local authorizations required for the construction of
			 the permitted activity; and if the permittee is required by law to obtain
			 approval from any federal or other State agency to do the work, this permit is
			 not effective until the federal and State approvals are obtained.
5) The permittee shall, at the permittee's
			 own expense, remove all temporary piling cofferdams, false work, and material
			 incidental to the construction of the project, from the floodway, river, stream
			 or lake in which the work is done. If the permittee fails to remove such
			 structures or materials, the State may have removal made at the expense of the
			 permittee. If the construction is on a public body of water and if future need
			 for public navigation or public interests of any character, by the State or
			 federal government, necessitates changes in any part of the structure or
			 structures, such changes shall be made by and at the expense of the permittee
			 or the permittee's successors as required by the Department of Natural
			 Resources or other properly constituted agency, within sixty (60) days from
			 receipt of written notice of the necessity from the Department or other agency,
			 unless a longer period of time is specifically authorized.
6) The execution and details of the work
			 authorized shall be subject to the supervision and approval of the Department.
			 Department personnel shall have right of access to accomplish this
			 purpose.
7) The permittee shall
			 file with the Department a properly executed acceptance of all terms and
			 conditions of the permit within sixty (60) days of receipt of the permit;
			 however, starting work on the construction authorized will be considered full
			 acceptance by the permittee of the terms and conditions of the
			 permit.
8) The Department in
			 issuing this permit has relied upon the statements and representations made by
			 the permittee; if any statement or representation made by the permittee is
			 found to be false, the permit may be revoked at the option of the Department;
			 and when a permit is revoked all rights of the permittee under the permit are
			 voided.
9) If the project
			 authorized by this permit is located in or along Lake Michigan or a meandered
			 lake, the permittee and the permittee's successors shall make no claim
			 whatsoever to any interest in any accretions caused by the project.
10) In issuing this permit, the Department
			 does not approve the adequacy of the design or structural strength of the
			 structure or improvement.
11)
			 Noncompliance with the conditions of this permit will be considered grounds for
			 revocation.