20 ILCS 830/ Interagency Wetland Policy Act of 1989.

(20 ILCS 830/2-2) (from Ch. 96 1/2, par. 9702-2)

Sec. 2-2. Agency Action Plans. Within one year following passage of this Act each State agency serving on the Interagency Wetlands Committee shall prepare an Agency Action Plan, which shall be used as the agency's procedural plan for the implementation of this Act. Guidelines for Agency Action Plans shall be developed by the Department and reviewed by the Committee within 6 months of the effective date of this Act.

(a) Minimum elements of each Agency Action Plan will include:

(1) Provisions for both a consultation process with the Department and conflict resolution process through the Governor's office;

(2) Procedures for the development of a Wetland Compensation Plan;

(3) Procedures to scientifically monitor the success of wetland restoration/creation projects.

(4) Procedures to minimize the destruction of wetlands caused or encouraged by State supported construction, land management, technical assistance, educational and other activities;

(5) Procedures to increase the quantity and quality of wetlands as a standard component of agency activities including incentives for the creation of wetlands in the agency's regulation of activities for which wetland compensation plans are not required by this Act;

(6) Procedures to coordinate the responsibilities contained within this Act with other State programs;

(7) Procedures to ensure that historic and archaeological resources will not be negatively impacted by this Act; and

(8) An acquisition policy related to implementation of this Act.

(b) Agency Action Plans may also include: (1) procedures for the development and management of a Wetland Compensation Account; and (2) procedures to expedite the review of certain classes of projects.

(c) Agency Action Plans shall be submitted to the Governor and the General Assembly after review and approval by the Department.

(Source: P.A. 86-157.)

(20 ILCS 830/Art. III heading) ARTICLE III. STATE WETLAND MITIGATION POLICY

(20 ILCS 830/3-1) (from Ch. 96 1/2, par. 9703-1)

Sec. 3-1. State Wetland Mitigation Policy. This Act implements the State Wetland Mitigation Policy, which directs that each State agency shall preserve wetlands as a priority of action when they develop construction or land management plans. When an agency can establish that no other feasible alternative exists and adverse wetland impacts are unavoidable, adverse impacts are to be compensated for through the development and implementation of a Department approved Wetland Compensation Plan.

The policy requires progressive levels of compensation based upon the level of impact to the existing wetland and the location of compensation wetlands. Priority shall be given to locating compensation wetlands close to the wetland area impacted.

Proposed State and State-supported construction activities which may impact wetlands identified on the Illinois Natural Areas Inventory, under public ownership or which provide habitat for State or federally threatened or endangered species will continue to require direct consultation with the Department and compliance with the Endangered Species Protection Act of 1986.

(Source: P.A. 86-157.)

(20 ILCS 830/3-2) (from Ch. 96 1/2, par. 9703-2)

Sec. 3-2. Ownership and management. Wetlands, whether purchased, restored or created as the result of this Act shall be protected through either easements or fee simple transfer to either a public conservation agency or private conservation organization which will protect and manage the area.

(Source: P.A. 86-157.)

(20 ILCS 830/3-3) (from Ch. 96 1/2, par. 9703-3)

Sec. 3-3. Wetland Compensation Account. Each State agency is hereby authorized to establish a Wetland Compensation Account to reconcile debits and credits established as the result of Wetland Compensation Plans.

Management of a Wetland Compensation Account, if established, is the responsibility of the individual State agency. The Department shall review each agency's Compensation Account to confirm that all debits and credits are accounted for and balanced.

(Source: P.A. 86-157.)

(20 ILCS 830/3-4) (from Ch. 96 1/2, par. 9703-4)

Sec. 3-4. Impact evaluation. For each project action involving a wetland, State agencies shall follow a multi-step process to avoid and minimize adverse wetland impacts as the preferred course of action. An agency must document that no other feasible alternative exists before adverse impacts are considered.

In order of priority, these steps shall include:

(1) The avoidance of adverse wetland impacts;

(2) Minimal alteration with compensation on the site of the proposed project;

(3) Significant alteration with compensation on the site of the proposed project;

(4) Wetland destruction with compensation on the site of the proposed project;

(5) Wetland destruction with compensation off the site of the proposed project but within the same drainage basin; and

(6) Wetland destruction with compensation both off the site of the proposed project and out of the drainage basin.

(Source: P.A. 86-157.)

(20 ILCS 830/3-5) (from Ch. 96 1/2, par. 9703-5)

Sec. 3-5. Value. Value shall include:

Value for each compensation plan shall be established by the agency developing the compensation plan in consultation with the Department.

(Source: P.A. 86-157.)