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Public Act 103-0905 | ||||
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AN ACT concerning transportation. | ||||
Be it enacted by the People of the State of Illinois, | ||||
represented in the General Assembly: | ||||
Section 5. The Illinois Administrative Procedure Act is | ||||
amended by adding Section 5-45.55 as follows: | ||||
(5 ILCS 100/5-45.55 new) | ||||
Sec. 5-45.55. Emergency rulemaking; the Department of | ||||
Natural Resources. To provide for the expeditious and timely | ||||
implementation of Section 13 of the Rivers, Lakes, and Streams | ||||
Act, emergency rules implementing Section 13 of the Rivers, | ||||
Lakes, and Streams Act may be adopted in accordance with | ||||
Section 5-45 by the Department of Natural Resources. The | ||||
adoption of emergency rules authorized by Section 5-45 and | ||||
this Section is deemed to be necessary for the public | ||||
interest, safety, and welfare. | ||||
This Section is repealed one year after the effective date | ||||
of this amendatory Act of the 103rd General Assembly. | ||||
Section 10. The Rivers, Lakes, and Streams Act is amended | ||||
by changing Section 30 and by adding Section 18k as follows: | ||||
(615 ILCS 5/18k new) | ||||
Sec. 18k. National Flood Insurance Program State agency |
requirements. | ||
(a) As used in this Section: | ||
"Department" means the Department of Natural Resources. | ||
"Development" and "developed" mean any man-made change to | ||
real estate, including, but not limited to: | ||
(1) demolition, construction, reconstruction, repair, | ||
placement of a building, or any structural alteration to a | ||
building; | ||
(2) substantial improvement of an existing building; | ||
(3) installation of a manufactured home on a site, | ||
preparing a site for a manufactured home, or installing a | ||
travel trailer on a site for more than 180 days per year; | ||
(4) installation of utilities, construction of roads, | ||
bridges, culverts, or similar projects; | ||
(5) redevelopment of a site, or clearing of land as an | ||
adjunct of construction or construction or erection of | ||
levees, dams, walls, or fences; | ||
(6) drilling, mining, filling, dredging, grading, | ||
excavation, paving, or other alterations of the ground | ||
surface; | ||
(7) storage of materials, including the placement of | ||
gas or liquid storage tanks, and channel modifications or | ||
any other activity that might change the direction, | ||
height, or velocity of flood or surface waters. | ||
"Development" and "developed" do not include resurfacing | ||
of pavement when there is no increase in elevation; |
construction of farm fencing; or gardening, plowing, and | ||
similar practices that do not involve filling, grading, or | ||
construction of levees. | ||
"Special flood hazard area" means an area having special | ||
flood, mudflow or flood-related erosion hazards and shown on a | ||
Federal Emergency Management Agency Flood Hazard Boundary Map | ||
or Flood Insurance Rate Map as Zone A, AO, A1-A-30, AE, A99, | ||
AH, AR, AR/A, AR/AE, AR/AH, AR/AO, AR/A1-A30, V1-V30, VE or V. | ||
"State agencies" means any department, commission, board, | ||
or agency under the jurisdiction of the Governor, any board, | ||
commission, agency, or authority which has a majority of its | ||
members appointed by the Governor, and the Governor's Office. | ||
(b) The Department shall ensure that State agencies comply | ||
with National Flood Insurance Program requirements set forth | ||
in this Section. | ||
(c) All State agencies shall obtain a special flood hazard | ||
area development permit before undertaking development | ||
activity on State-owned property that is located in a special | ||
flood hazard area. The Department shall adopt an | ||
administrative rule setting forth a State special flood hazard | ||
area development program to ensure the following via the | ||
issuance of permits prior to any State agency development | ||
within a special flood hazard area: | ||
(1) Review of all proposed new development in a | ||
special flood hazard area to ensure compliance with the | ||
standards set forth in the administrative rule. |
(2) Monitoring and inspecting developments currently | ||
under construction in a special flood hazard area to | ||
ensure compliance with the standards set forth in the | ||
administrative rule. | ||
(3) Correction, to the extent reasonably practical in | ||
the sole determination of the Department, of all previous | ||
development in a special flood hazard area found not to be | ||
in compliance with the standards set forth in the | ||
administrative rule. | ||
(4) The standards set forth in the administrative rule | ||
shall, at a minimum, be as stringent as the federal | ||
regulations adopted by the Federal Emergency Management | ||
Agency to implement the National Flood Insurance Act (42 | ||
U.S.C. 4001 et seq.) that are published in 44 CFR 59 | ||
through 60. | ||
(d) State agencies that administer grants or loans for | ||
financing a development within a special flood hazard area | ||
shall cooperate with the Department to ensure that | ||
participants in their programs are informed of the existence | ||
and location of special flood hazard areas and of any State or | ||
local floodplain requirements that are in effect in such | ||
areas. | ||
(e) State agencies that are responsible for regulating or | ||
permitting a development within a special flood hazard area | ||
shall cooperate with the Department to ensure that | ||
participants in their programs are informed of the existence |
and location of special flood hazard areas and of any State or | ||
local floodplain requirements that are in effect in such | ||
areas. | ||
(f) State agencies that are engaged in planning programs | ||
or promoting a program for the development shall cooperate | ||
with the Department to ensure that participants in their | ||
programs are informed of the existence and location of special | ||
flood hazard areas and of any State or local floodplain | ||
requirements in effect in such areas. | ||
(g) The Department shall provide available special flood | ||
hazard area information to assist State agencies in complying | ||
with the requirements established by this Section. The | ||
Department may enter into a memorandum of understanding with a | ||
State agency to outline procedures and processes to review | ||
proposed development activity on State-owned property located | ||
in a special flood hazard area. Such a memorandum of | ||
understanding may allow for alternative approvals for the | ||
issuance of permits. If the Department enters into a | ||
memorandum of understanding with a State agency to allow an | ||
alternative permit process any permits or work completed under | ||
those alternatives is subject to audit and review by the | ||
Department. | ||
(615 ILCS 5/30) (from Ch. 19, par. 78.1) | ||
Sec. 30. The Department of Natural Resources may make such | ||
reasonable rules and regulations as may be necessary to |
administer this Act. | ||
The Department may adopt emergency rules in accordance | ||
with Sections 5-45 and 5-45.55 of the Illinois Administrative | ||
Procedure Act. The adoption of emergency rules authorized by | ||
Sections 5-45 and 5-45.55 of the Illinois Administrative | ||
Procedure Act and this paragraph is deemed to be necessary for | ||
the public interest, safety, and welfare. | ||
(Source: P.A. 89-445, eff. 2-7-96.) |