Full Text of SB2556 96th General Assembly
SB2556eng 96TH GENERAL ASSEMBLY
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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 Sections 3.102 and 3.103 as follows: | 6 |
| (415 ILCS 5/3.102 new) | 7 |
| Sec. 3.102. 100-year flood. "100-year flood" means a flood | 8 |
| that has a 1% or greater chance of recurring in any given year | 9 |
| or a flood of a magnitude equaled or exceeded once in 100 years | 10 |
| on the average over a significantly longer period. | 11 |
| (415 ILCS 5/3.103 new) | 12 |
| Sec. 3.103. 100-year floodplain. "100-year floodplain" | 13 |
| means the lowland and relatively flat areas adjoining inland | 14 |
| and coastal waters, including flood-prone areas of offshore | 15 |
| islands, that are inundated by a 100-year flood. For the | 16 |
| purposes of this Act, including for the purposes of granting | 17 |
| permit and license applications filed or pending prior to the | 18 |
| effective date of this amendatory Act of the 96th General | 19 |
| Assembly, an area shall be deemed by operation of law not to be | 20 |
| within the 100-year floodplain if the area lies within an area | 21 |
| protected by a federal levee and is located in a flood | 22 |
| prevention district established in accordance with the Flood |
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| Prevention District Act; provided, however, that an area that | 2 |
| lies within a flood prevention district established in | 3 |
| accordance with the Flood Prevention District Act shall not be | 4 |
| excluded by operation of law from the 100-year floodplain if | 5 |
| the area is not protected by a federal levee and, according to | 6 |
| the currently adopted federal flood insurance rate map, the | 7 |
| area is subject to inundation by a 100-year flood as a result | 8 |
| of the flooding of bodies of water other than the Mississippi | 9 |
| River. | 10 |
| Section 10. The Livestock Management Facilities Act is | 11 |
| amended by adding Section 10.3 as follows: | 12 |
| (510 ILCS 77/10.3 new) | 13 |
| Sec. 10.3. 100-year floodplain. "100-year floodplain" | 14 |
| means the lowland and relatively flat areas adjoining inland | 15 |
| and coastal waters, including flood-prone areas of offshore | 16 |
| islands, that are inundated by a flood that has a 1% or greater | 17 |
| chance of recurring in any given year or a flood of a magnitude | 18 |
| equalled or exceeded once in 100 years on the average over a | 19 |
| significantly long period. For the purposes of this Act, | 20 |
| including for the purposes of granting permit and license | 21 |
| applications filed or pending prior to the effective date of | 22 |
| this amendatory Act of the 96th General Assembly, an area shall | 23 |
| be deemed by operation of law not to be within the 100-year | 24 |
| floodplain if the area lies within an area protected by a |
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| federal levee and is located in a flood prevention district | 2 |
| established in accordance with the Flood Prevention District | 3 |
| Act; provided, however, that an area that lies within a flood | 4 |
| prevention district established in accordance with the Flood | 5 |
| Prevention District Act shall not be excluded by operation of | 6 |
| law from the 100-year floodplain if the area is not protected | 7 |
| by a federal levee and, according to the currently adopted | 8 |
| federal flood insurance rate map, the area is subject to | 9 |
| inundation by a 100-year flood as a result of the flooding of | 10 |
| bodies of water other than the Mississippi River. | 11 |
| Section 15. The Rivers, Lakes, and Streams Act is amended | 12 |
| by adding Section 18h and by changing Sections 18f and 18g as | 13 |
| 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 | 17 |
| 100-year floodplains flood plains
within the State of Illinois | 18 |
| on a township by township basis and may issue
permits for any | 19 |
| construction within such 100-year floodplains flood plains on | 20 |
| or after the
effective date of this amendatory Act of 1971. The | 21 |
| Department shall publish
and distribute suitable reports, | 22 |
| together with mapping and hydrologic
exhibits pertaining to | 23 |
| 100-year floodplains flood plains defined and established | 24 |
| under this Act.
In defining applicable 100-year floodplains |
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| flood plains , the Department shall cooperate with,
and shall | 2 |
| consider planning and zoning requirements of, regional | 3 |
| planning
agencies created by statute, counties, municipalities | 4 |
| and other units of
government. A period of thirty days shall be | 5 |
| allowed for any agency to
submit written comments to the | 6 |
| Department regarding any proposed 100-year floodplain flood
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| plain area. If such agency fails to return comments to the | 8 |
| Department
within the specified time period the Department may | 9 |
| proceed with the
publication and institution of the 100-year | 10 |
| floodplain flood plain permit procedure. The
Department is | 11 |
| charged with the planning, development , and evaluation of the
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| most economic combination of retention storage, channel | 13 |
| improvement , and
floodplain flood plain preservation in | 14 |
| defining and establishing 100-year floodplain flood plain | 15 |
| areas.
All construction undertaken on a defined 100-year | 16 |
| floodplain flood plain subsequent to the
effective date of this | 17 |
| amendatory Act, without benefit of a permit from the
Department | 18 |
| of Natural Resources, shall be unlawful and
the Department, may | 19 |
| in its discretion, proceed to obtain injunctive relief for
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| abatement or removal of such unlawful construction. The | 21 |
| Department, in its
discretion, may make such investigations and | 22 |
| conduct such hearings as may
be necessary to the performance of | 23 |
| its duties under this amendatory Act of
1971. Activity of the | 24 |
| Department under this Section shall be limited to
townships | 25 |
| related to projects of the Department authorized by the General
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| Assembly. The report of the Department shall be considered a |
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| final
administrative decision and subject to judicial review in | 2 |
| accordance with
the provision of the Administrative Review Law.
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| (b) For the purposes of this Section, including for the | 4 |
| purposes of granting permit and license applications filed or | 5 |
| pending prior to the effective date of this amendatory Act of | 6 |
| the 96th General Assembly, "100-year floodplain" means the | 7 |
| lowland and relatively flat areas adjoining inland and coastal | 8 |
| waters, including flood-prone areas of offshore islands, that | 9 |
| are inundated by a flood that has a 1% or greater chance of | 10 |
| recurring in any given year or a flood of a magnitude equalled | 11 |
| or exceeded once in 100 years on the average over a | 12 |
| significantly long period. For the purposes of this Section, an | 13 |
| area shall be deemed by operation of law not to be within the | 14 |
| 100-year floodplain if the area lies within an area protected | 15 |
| by a federal levee and is located in a flood prevention | 16 |
| district established in accordance with the Flood Prevention | 17 |
| District Act; provided, however, that an area that lies within | 18 |
| a flood prevention district established in accordance with the | 19 |
| Flood Prevention District Act shall not be excluded by | 20 |
| operation of law from the 100-year floodplain if the area is | 21 |
| not protected by a federal levee and, according to the | 22 |
| currently adopted federal flood insurance rate map, the area is | 23 |
| subject to inundation by a 100-year flood as a result of the | 24 |
| flooding of bodies of water other than the Mississippi River. | 25 |
| (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 | 3 |
| define the
100-year floodway within metropolitan counties | 4 |
| located in the area served
by the Northeastern Illinois | 5 |
| Planning Commission, except for the part of
that area which is | 6 |
| 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 | 8 |
| published data and
maps which have been prepared by the | 9 |
| Department itself, by the Illinois State
Water Survey of the | 10 |
| University of Illinois, by federal, State or local governmental | 11 |
| agencies, or by any other
private or public source which it | 12 |
| determines to be reliable and appropriate.
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| (b) The Department may issue permits for construction that | 14 |
| is an appropriate
use of the designated 100-year floodway in | 15 |
| such metropolitan counties.
If a unit of local government has | 16 |
| adopted an ordinance that establishes
minimum standards for | 17 |
| appropriate use of the floodway that are at least as
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| restrictive as those established by the Department and this | 19 |
| Section, and
the unit of local government has adequate staff to | 20 |
| enforce the ordinance,
the Department may delegate to such unit | 21 |
| of local government the authority
to issue permits for | 22 |
| construction that is an appropriate use of the
floodway within | 23 |
| its jurisdiction.
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| (c) No person may engage in any new construction within the | 25 |
| 100-year
floodway as designated by the Department in such
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| metropolitan counties, unless such construction relates to an |
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| appropriate
use of the floodway. No unit of local government, | 2 |
| including home rule
units, in such metropolitan counties may | 3 |
| issue any building permit or other
apparent authorization for | 4 |
| any prohibited new construction within the
100-year floodway.
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| (d) For the purpose of this Section , including for the | 6 |
| purposes of granting permit and license applications filed or | 7 |
| pending prior to the effective date of this amendatory Act of | 8 |
| the 96th General Assembly :
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| (1) "100-year floodway" means the channel and that | 10 |
| portion of the
100-year floodplain adjacent to a stream or | 11 |
| watercourse which is needed to store and
convey the | 12 |
| 100-year frequency flood discharge without a significant | 13 |
| increase in
stage.
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| (1.5) "100-year floodplain" means the lowland and | 15 |
| relatively flat areas adjoining inland and coastal waters, | 16 |
| including flood-prone areas of offshore islands, that are | 17 |
| inundated by a flood that has a 1% or greater chance of | 18 |
| recurring in any given year or a flood of a magnitude | 19 |
| equalled or exceeded once in 100 years on the average over | 20 |
| a significantly long period.
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| (2) "New construction" means the construction of any | 22 |
| new building or
structure or the placement of any fill or | 23 |
| material, but does not include the
repair, remodeling or | 24 |
| maintenance of buildings or structures in existence
on the | 25 |
| effective date of this amendatory Act of 1987.
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| (3) "Appropriate use of the floodway" means use for (i) |
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| flood control
structures, dikes, dams and other public | 2 |
| works or private improvements
relating to the control of | 3 |
| drainage, flooding or erosion; (ii) structures
or | 4 |
| facilities relating to the use of, or requiring access to, | 5 |
| the water or
shoreline, including pumping and treatment | 6 |
| facilities, and facilities and
improvements related to | 7 |
| recreational boats, commercial shipping and other
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| functionally dependent uses;
and (iii) any other purposes | 9 |
| which the Department determines, by rule, to
be appropriate | 10 |
| 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 | 12 |
| welfare of the user,
or require the expenditure of public | 13 |
| funds or the provision of public
resources or disaster | 14 |
| relief services. Appropriate use of the floodway
does not | 15 |
| include construction of a new building unless such building | 16 |
| is a
garage, storage shed or other structure accessory to | 17 |
| an existing building
and such building does not increase | 18 |
| flood stages.
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| (4) "Person" includes natural persons, corporations, | 20 |
| associations,
governmental entities, and all other legal | 21 |
| entities.
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| (e) All construction undertaken on a designated 100-year | 23 |
| floodway in
such metropolitan counties, without benefit of a | 24 |
| permit from the Department
of Natural Resources, shall be | 25 |
| unlawful
and the Department or any affected
unit of local | 26 |
| government may, in its
discretion, proceed to obtain injunctive |
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| relief for abatement or removal of
such unlawful construction. | 2 |
| The Department, in its discretion, may make
such investigations | 3 |
| and conduct such hearings and adopt such rules as may
be | 4 |
| 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 | 8 |
| 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 | 10 |
| 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) | 13 |
| Sec. 18h. Conflicts with Executive Order 2006-5. To the | 14 |
| extent that Executive Order 2006-5 is inconsistent with the | 15 |
| provisions of this amendatory Act of the 96th General Assembly, | 16 |
| the provisions of this amendatory Act shall govern.
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| Section 99. Effective date. This Act takes effect upon | 18 |
| becoming law.
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