TITLE 17: CONSERVATION
|
AUTHORITY: Implementing and authorized by Sections 5-7 and 5-12 of the Boat Registration and Safety Act [625 ILCS 45/5-7 and 5-12].
SOURCE: Adopted at 5 Ill. Reg. 8763, effective August 25, 1981; codified at 5 Ill. Reg. 10617; amended at 9 Ill. Reg. 4789, effective April 2, 1985; amended at 11 Ill. Reg. 9519, effective May 5, 1987; emergency amendment at 12 Ill. Reg. 8745, effective May 15, 1988, for a maximum of 150 days; emergency expired September 20, 1988; emergency amendment at 12 Ill. Reg. 12111, effective July 6, 1988, for a maximum of 150 days; emergency expired December 12, 1988; amended at 12 Ill. Reg. 16707, effective September 30, 1988; amended at 12 Ill. Reg. 20472, effective November 28, 1988; corrected at 13 Ill. Reg. 967; emergency amendment at 13 Ill. Reg. 2878, effective February 21, 1989, for a maximum of 150 days; amended at 13 Ill. Reg. 12814, effective July 21, 1989; amended at 16 Ill. Reg. 8483, effective May 26, 1992; amended at 19 Ill. Reg. 7549, effective May 26, 1995; emergency amendment at 19 Ill. Reg. 11967, effective August 3, 1995, for a maximum of 150 days; amended at 20 Ill. Reg. 750, effective December 29, 1995; amended at 20 Ill. Reg. 7864, effective June 3, 1996; recodified by changing the agency name from Department of Conservation to Department of Natural Resources at 20 Ill. Reg. 9389; amended at 20 Ill. Reg. 15692, effective December 2, 1996; amended at 23 Ill. Reg. 6822, effective May 20, 1999; amended at 27 Ill. Reg. 8871, effective May 19, 2003; amended at 29 Ill. Reg. 15550, effective September 27, 2005; amended at 30 Ill. Reg. 11576, effective June 23, 2006; emergency amendment at 31 Ill. Reg. 8348, effective May 25, 2007, for a maximum of 150 days; amended at 31 Ill. Reg. 14522, effective October 5, 2007; amended at 34 Ill. Reg. 7720, effective May 20, 2010; amended at 36 Ill. Reg. 5565, effective March 22, 2012; amended at 37 Ill. Reg. 827, effective January 9, 2013; amended at 37 Ill. Reg. 11366, effective July 5, 2013; amended at 42 Ill. Reg. 13251, effective June 22, 2018.
Section 2030.10 General Regulations
a) All waters designated as Restricted Boating Areas shall be posted in accordance with the United States Coast Guard's U.S. Aids to Navigation System, contained in 33 CFR 62, Subpart 62.1, except as provided in subsections (b) and (c).
b) The use of regulatory markers prescribed by the U.S. Aids to Navigation System shall be further restricted as follows:
1) When a sign is used as a marker, the sign shall be of square or rectangular shape. The sign shall be white, with an international orange border and an international orange geometric shape centered on the signboard.
2) The minimum size of any sign used as a marker shall be 24 inches on each side.
3) The minimum size of any buoy used as a marker shall be 9 inches in diameter.
4) The minimum size of any alpha or numeric characters used on any sign or buoy shall be 1 inch of height for every 50 feet of intended visibility, provided that in no case shall the height of the characters be less than 3 inches.
5) The minimum height of any geometric shape used on any sign or buoy shall be 12 inches.
6) The minimum band width of any border or geometric shape used on a sign or buoy shall be 2 inches.
(Source: Amended at 42 Ill. Reg. 13251, effective June 22, 2018)
Section 2030.15 Designation of Restricted Waters by the Department of Natural Resources
a) Areas will be considered for designation, modification or elimination as restricted when the request from outside the Department meets the following criteria:
1) Be accompanied by a minimum of 25 signatures of interested persons over the age of 18 who would be directly affected by the restrictions.
2) Contain a detailed description of the area proposed for restriction with appropriate maps and other supporting data.
b) All requests for the restricting of areas shall meet the following criteria:
1) Evidence indicates that a boating safety hazard presently exists; or
2) Evidence indicates a public safety concern exists relative to other water uses (e.g. swimming, skiing, etc.); or
3) Evidence indicates that a boating user conflict exists.
c) Consideration for protection of private property shall not be considered as appropriate criteria for restriction.
d) Procedures for processing requests:
1) All requests will be forwarded to the Department of Natural Resources, Office of Law Enforcement.
2) The Office of Law Enforcement will investigate and validity of the request in accordance with subsection (b) and forward a report and recommendation to the Director for action by the Department.
(Source: Amended at 19 Ill. Reg. 7549, effective May 26, 1995)