Illinois Administrative Code › Title 17 - CONSERVATION › Part 3708 - FLOODWAY CONSTRUCTION IN NORTHEASTERN ILLINOIS › Section 3708.150 - Permit Conditions

Current through Register Vol. 48, No. 28, July 12, 2024
a) Permits
			 issued under this Part will contain 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 or provide any right or rights of
			 occupancy or use of the public or private property on which the activity 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 adhere to
			 the National Flood Insurance Program flood plain development regulations or 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, local or other state agency to do the
			 work, this permit is not effective until the required federal, state and local
			 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 regulatory floodway, river, stream or lake in which the work
			 is done. If the permittee fails to remove such structures or materials and if
			 the structure or materials cause an obstruction to normal and flood flows and a
			 loss of flood storage, the Department will have removal made at the expense of
			 the permittee.
6) The execution and
			 details of the work authorized shall be subject to the supervision and approval
			 of the Department. Department personnel or their designee shall have right of
			 access to accomplish this purpose.
7) Starting work on the activity 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 and his or her agents; if any substantive statement or
			 representation made by the permittee and his or her agents is found to be
			 false, the permit will be revoked; and when a permit is revoked all rights of
			 the permittee under the permit are voided.
9) If the activity authorized by this permit
			 is located along a meandered lake, the permittee and the permittee's successors
			 shall make no claim to any interest in any accretions caused by the
			 activity.
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.