Full Text of SB2556 96th General Assembly
SB2556 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 SB2556
Introduced 1/13/2010, by Sen. William R. Haine SYNOPSIS AS INTRODUCED: |
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415 ILCS 5/3.103 new |
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615 ILCS 5/18f |
from Ch. 19, par. 65f |
615 ILCS 5/18g |
from Ch. 19, par. 65g |
615 ILCS 5/18h new |
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510 ILCS 77/10.3 new |
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Amends the Environmental Protection Act; the Rivers, Lakes, and Streams Act; and the Livestock Management Act. Defines "100-year floodplain" as the lowland and relatively flat areas adjoining inland and coastal waters, including flood-prone areas of offshore islands, that are inundated by a flood that has a 1% or greater chance of recurring in any given year or a flood of a magnitude equalled or exceeded once in 100 years on the average over a significantly long period. Provides that areas that lie within an area protected by a levee or levees located in a flood prevention district established by the Flood Prevention District Act are deemed by operation of law not to be within the 100-year floodplain for the purposes of these Acts. Provides that to the extent that Executive Order 2006-5 is inconsistent with the provisions of this amendatory Act, the provisions of this amendatory Act shall govern. Effective immediately.
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A BILL FOR
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SB2556 |
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LRB096 17788 JDS 33155 b |
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| AN ACT concerning floodplains.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Environmental Protection Act is amended by | 5 |
| adding Section 3.103 as follows: | 6 |
| (415 ILCS 5/3.103 new) | 7 |
| Sec. 3.103. 100-year floodplain. "100-year floodplain" | 8 |
| means the lowland and relatively flat areas adjoining inland | 9 |
| and coastal waters, including flood-prone areas of offshore | 10 |
| islands, that are inundated by a flood that has a 1% or greater | 11 |
| chance of recurring in any given year or a flood of a magnitude | 12 |
| equalled or exceeded once in 100 years on the average over a | 13 |
| significantly long period. For the purposes of this Act, | 14 |
| including for the purposes of granting permit and license | 15 |
| applications filed or pending prior to the effective date of | 16 |
| this amendatory Act of the 96th General Assembly, an area shall | 17 |
| be deemed by operation of law not to be within the 100-year | 18 |
| floodplain if the area lies within an area protected by a levee | 19 |
| or levees located in a flood prevention district established by | 20 |
| the Flood Prevention District Act. To the extent that Executive | 21 |
| Order 2006-5 is inconsistent with the provisions of this | 22 |
| amendatory Act of the 96th General Assembly, the provisions of | 23 |
| this amendatory Act shall govern. |
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SB2556 |
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LRB096 17788 JDS 33155 b |
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| Section 10. The Rivers, Lakes, and Streams Act is amended | 2 |
| by adding Section 18h and by changing Sections 18f and 18g as | 3 |
| follows:
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| (615 ILCS 5/18f) (from Ch. 19, par. 65f)
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| Sec. 18f.
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| (a) The Department of Natural Resources shall define | 7 |
| 100-year flood plains
within the State of Illinois on a | 8 |
| township by township basis and may issue
permits for any | 9 |
| construction within such 100-year flood plains on or after the
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| effective date of this amendatory Act of 1971. The Department | 11 |
| shall publish
and distribute suitable reports, together with | 12 |
| mapping and hydrologic
exhibits pertaining to 100-year flood | 13 |
| plains defined and established under this Act.
In defining | 14 |
| applicable 100-year flood plains, the Department shall | 15 |
| cooperate with,
and shall consider planning and zoning | 16 |
| requirements of, regional planning
agencies created by | 17 |
| statute, counties, municipalities and other units of
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| government. A period of thirty days shall be allowed for any | 19 |
| agency to
submit written comments to the Department regarding | 20 |
| any proposed 100-year flood
plain area. If such agency fails to | 21 |
| return comments to the Department
within the specified time | 22 |
| period the Department may proceed with the
publication and | 23 |
| institution of the 100-year flood plain permit procedure. The
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| Department is charged with the planning, development , and |
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SB2556 |
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LRB096 17788 JDS 33155 b |
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| evaluation of the
most economic combination of retention | 2 |
| storage, channel improvement , and
flood plain preservation in | 3 |
| defining and establishing 100-year flood plain areas.
All | 4 |
| construction undertaken on a defined 100-year flood plain | 5 |
| subsequent to the
effective date of this amendatory Act, | 6 |
| without benefit of a permit from the
Department of Natural | 7 |
| Resources, shall be unlawful and
the Department, may in its | 8 |
| discretion, proceed to obtain injunctive relief for
abatement | 9 |
| or removal of such unlawful construction. The Department, in | 10 |
| its
discretion, may make such investigations and conduct such | 11 |
| hearings as may
be necessary to the performance of its duties | 12 |
| under this amendatory Act of
1971. Activity of the Department | 13 |
| under this Section shall be limited to
townships related to | 14 |
| projects of the Department authorized by the General
Assembly. | 15 |
| The report of the Department shall be considered a final
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| administrative decision and subject to judicial review in | 17 |
| accordance with
the provision of the Administrative Review Law.
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| (b) For the purposes of this Section, including for the | 19 |
| purposes of granting permit and license applications filed or | 20 |
| pending prior to the effective date of this amendatory Act of | 21 |
| the 96th General Assembly, "100-year flood plain" means the | 22 |
| lowland and relatively flat areas adjoining inland and coastal | 23 |
| waters, including flood-prone areas of offshore islands, that | 24 |
| are inundated by a flood that has a 1% or greater chance of | 25 |
| recurring in any given year or a flood of a magnitude equalled | 26 |
| or exceeded once in 100 years on the average over a |
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SB2556 |
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LRB096 17788 JDS 33155 b |
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| significantly long period. For the purposes of this Section, an | 2 |
| area shall be deemed by operation of law not to be within the | 3 |
| 100-year floodplain if the area lies within an area protected | 4 |
| by a levee or levees located in a flood prevention district | 5 |
| established by the Flood Prevention District Act. | 6 |
| (Source: P.A. 89-445, eff. 2-7-96.)
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| (615 ILCS 5/18g) (from Ch. 19, par. 65g)
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| Sec. 18g. (a) The Department of Natural Resources
shall | 9 |
| define the
100-year floodway within metropolitan counties | 10 |
| located in the area served
by the Northeastern Illinois | 11 |
| Planning Commission, except for the part of
that area which is | 12 |
| within any city with a population exceeding 1,500,000. In
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| defining the 100-year floodway, the Department may rely on | 14 |
| published data and
maps which have been prepared by the | 15 |
| Department itself, by the Illinois State
Water Survey of the | 16 |
| University of Illinois, by federal, State or local governmental | 17 |
| agencies, or by any other
private or public source which it | 18 |
| determines to be reliable and appropriate.
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| (b) The Department may issue permits for construction that | 20 |
| is an appropriate
use of the designated 100-year floodway in | 21 |
| such metropolitan counties.
If a unit of local government has | 22 |
| adopted an ordinance that establishes
minimum standards for | 23 |
| appropriate use of the floodway that are at least as
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| restrictive as those established by the Department and this | 25 |
| Section, and
the unit of local government has adequate staff to |
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LRB096 17788 JDS 33155 b |
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| enforce the ordinance,
the Department may delegate to such unit | 2 |
| of local government the authority
to issue permits for | 3 |
| construction that is an appropriate use of the
floodway within | 4 |
| its jurisdiction.
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| (c) No person may engage in any new construction within the | 6 |
| 100-year
floodway as designated by the Department in such
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| metropolitan counties, unless such construction relates to an | 8 |
| appropriate
use of the floodway. No unit of local government, | 9 |
| including home rule
units, in such metropolitan counties may | 10 |
| issue any building permit or other
apparent authorization for | 11 |
| any prohibited new construction within the
100-year floodway.
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| (d) For the purpose of this Section , including for the | 13 |
| purposes of granting permit and license applications filed or | 14 |
| pending prior to the effective date of this amendatory Act of | 15 |
| the 96th General Assembly", :
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| (1) "100-year floodway" means the channel and that | 17 |
| portion of the
100-year floodplain adjacent to a stream or | 18 |
| watercourse which is needed to store and
convey the | 19 |
| 100-year frequency flood discharge without a significant | 20 |
| increase in
stage.
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| (1.5) "100-year floodplain" means the lowland and | 22 |
| relatively flat areas adjoining inland and coastal waters, | 23 |
| including flood-prone areas of offshore islands, that are | 24 |
| inundated by a flood that has a 1% or greater chance of | 25 |
| recurring in any given year or a flood of a magnitude | 26 |
| equalled or exceeded once in 100 years on the average over |
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LRB096 17788 JDS 33155 b |
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| a significantly long period.
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| (2) "New construction" means the construction of any | 3 |
| new building or
structure or the placement of any fill or | 4 |
| material, but does not include the
repair, remodeling or | 5 |
| maintenance of buildings or structures in existence
on the | 6 |
| effective date of this amendatory Act of 1987.
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| (3) "Appropriate use of the floodway" means use for (i) | 8 |
| flood control
structures, dikes, dams and other public | 9 |
| works or private improvements
relating to the control of | 10 |
| drainage, flooding or erosion; (ii) structures
or | 11 |
| facilities relating to the use of, or requiring access to, | 12 |
| the water or
shoreline, including pumping and treatment | 13 |
| facilities, and facilities and
improvements related to | 14 |
| recreational boats, commercial shipping and other
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| functionally dependent uses;
and (iii) any other purposes | 16 |
| which the Department determines, by rule, to
be appropriate | 17 |
| to the 100-year floodway, and the periodic inundation of
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| which will not pose a danger to the general health and | 19 |
| welfare of the user,
or require the expenditure of public | 20 |
| funds or the provision of public
resources or disaster | 21 |
| relief services. Appropriate use of the floodway
does not | 22 |
| include construction of a new building unless such building | 23 |
| is a
garage, storage shed or other structure accessory to | 24 |
| an existing building
and such building does not increase | 25 |
| flood stages.
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| (4) "Person" includes natural persons, corporations, |
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LRB096 17788 JDS 33155 b |
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| associations,
governmental entities, and all other legal | 2 |
| entities.
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| (e) All construction undertaken on a designated 100-year | 4 |
| floodway in
such metropolitan counties, without benefit of a | 5 |
| permit from the Department
of Natural Resources, shall be | 6 |
| unlawful
and the Department or any affected
unit of local | 7 |
| government may, in its
discretion, proceed to obtain injunctive | 8 |
| relief for abatement or removal of
such unlawful construction. | 9 |
| The Department, in its discretion, may make
such investigations | 10 |
| and conduct such hearings and adopt such rules as may
be | 11 |
| necessary to the performance of its duties under this Section.
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| (f) This Section does not limit any power granted to the
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| Department by any other Act.
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| (g) This Section does not limit the concurrent exercise by | 15 |
| any unit of
local government of any power consistent herewith.
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| (h) This Section does not apply to any city with a | 17 |
| population
exceeding 1,500,000.
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| (Source: P.A. 95-728, eff. date - See Sec. 999.)
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| (615 ILCS 5/18h new) | 20 |
| Sec. 18h. Conflicts with Executive Order 2006-5. To the | 21 |
| extent that Executive Order 2006-5 is inconsistent with the | 22 |
| provisions of this amendatory Act of the 96th General Assembly, | 23 |
| the provisions of this amendatory Act shall govern. | 24 |
| Section 15. The Livestock Management Facilities Act is |
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SB2556 |
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LRB096 17788 JDS 33155 b |
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| amended by adding Section 10.3 as follows: | 2 |
| (510 ILCS 77/10.3 new) | 3 |
| Sec. 10.3. 100-year floodplain. "100-year floodplain" | 4 |
| means the lowland and relatively flat areas adjoining inland | 5 |
| and coastal waters, including flood-prone areas of offshore | 6 |
| islands, that are inundated by a flood that has a 1% or greater | 7 |
| chance of recurring in any given year or a flood of a magnitude | 8 |
| equalled or exceeded once in 100 years on the average over a | 9 |
| significantly long period. For the purposes of this Act, | 10 |
| including for the purposes of granting permit and license | 11 |
| applications filed or pending prior to the effective date of | 12 |
| this amendatory Act of the 96th General Assembly, an area shall | 13 |
| be deemed by operation of law not to be within the 100-year | 14 |
| floodplain if the area lies within an area protected by a levee | 15 |
| or levees located in a flood prevention district established by | 16 |
| the Flood Prevention District Act. To the extent that Executive | 17 |
| Order 2006-5 is inconsistent with the provisions of this | 18 |
| amendatory Act of the 96th General Assembly, the provisions of | 19 |
| this amendatory Act shall govern. | 20 |
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| Section 99. Effective date. This Act takes effect upon | 22 |
| becoming law.
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