93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
SB2706


 
Introduced 2/4/2004, by James F. Clayborne Jr.
 
SYNOPSIS AS INTRODUCED:
 		














615 ILCS 5/23
  from Ch. 19, par. 70







    Amends the Rivers, Lakes, and Stream Act. Provides that, if a unit of local government has adopted an ordinance that establishes minimum standards for appropriate use of a floodway in its jurisdiction that are at least as restrictive as those established by the Department of Natural Resources and the provision and the unit of local government has adequate staff to enforce the ordinance, the Department may delegate to the unit of local government the authority to issue permits for construction in the floodway.



















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A BILL FOR









 














SB2706

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    AN ACT concerning waterways.

 
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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 Rivers, Lakes, and Streams Act is amended  by 
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changing Section 23 as follows:
 



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    (615 ILCS 5/23)  (from Ch. 19, par. 70)



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    Sec. 23. It shall be the duty of the Department of Natural 
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Resources to
maintain stream gauge stations, and to make 
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careful
investigations of the streams of the State with 
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reference to the carrying
capacity of all such streams in times 
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of flood and under normal conditions; to
prevent the carrying 
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capacity of streams to be limited and impaired by fills,

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deposits, obstructions, encroachments therein, deposit of 
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debris or material of
any kind, including trees, tree limbs, 
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logs, shrubbery, or related growths and
trimmings therefrom in 
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or upon the bank of any waters and water courses or in
such 
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proximity to such waters and water
courses or any tributary 
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thereto where the same shall be liable to be
washed into or 
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deposited along such waters and water courses, either by
normal 
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or flood flows, as a result of storms or otherwise, which may 
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in
any manner impede or obstruct the natural flow of such 
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waters and water
courses, or bridges over same, to an extent 
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where the same cannot safely
dispose of the flood waters which 
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may naturally, lawfully, and properly
be discharged therein; to 
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require such changes in bridges across any
navigable waters or 
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streams, or bodies of water made navigable,
necessary to meet 
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the demands of navigation and commerce thereon; and to

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establish by regulations water levels below which water cannot 
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be drawn
down behind dams from any stream or river within the 
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State of Illinois,
in order to retain enough water in such 
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streams to preserve the fish and
other aquatic life in the 
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stream, and to safeguard the health of the
community.  If the 
 


 









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capacity of any stream is limited and impaired by
reason of any 
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of the Acts or construction in this Act provided, so as to

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constitute a menace to property along the course of said stream 
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or
safety of the people of the State, or results in damage, 
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overflow, or an
interruption to navigation, or if water is 
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being drawn down, or is about
to be drawn down in contravention 
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of the water level regulations
established by the Department, 
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the Department of Natural
Resources shall take such action as 
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may be required, by
injunction or otherwise, to
prevent such 
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encroachments or the erection of such structures, or compel
the 
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removal or modification of same, or to prevent water being 
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drawn
down below the levels established by the Department.  It 
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shall be
unlawful for any person, persons, corporations, 
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counties, cities,
municipalities, or other agency to make any 
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fill, deposit, or
encroachment in, deposit or placement of 
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felled or trimmed woody plant
upon or along the bank, or erect 
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any bridges over a stream that has a drainage
area of one 
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square mile or more in urban areas or 10 square miles
or more 
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in rural areas, until plans, profiles and specifications and 
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other data
which may be required, have been first filed with 
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the Department of
Natural Resources of this State, and a 
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written permit
received therefor.

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    If a unit of local government has adopted an ordinance that 
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establishes minimum standards for appropriate use of a floodway 
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in its jurisdiction that are at least as restrictive as those 
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established by the Department and this Section and the unit of 
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local government has adequate staff to enforce the ordinance, 
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the Department may delegate to the unit of local government the 
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authority to issue permits for construction in the floodway.

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    The Department of Natural Resources is authorized, in
case 
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of existing dams, to require that the dams be maintained in a

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proper state of repair,
and at a height for proper control of 
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water levels in the disposal of
flood waters and at normal 
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stages, and for such purposes to require
changes and 
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modifications therein, and to compel the installation of

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fishways in dams wherever deemed necessary; provided, however,

 


 









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that the enactment by any governmental unit of any new rule, 
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regulation,
ordinance, law, or other requirements passed after 
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the construction of an
existing dam, shall not be construed to 
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give the Department of Natural
Resources the power or authority 
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to require changes in the
design, structure, or construction, 
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of any existing dam in conformance with all
 applicable 
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standards existing at the time of its construction and which is 
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in
good repair.

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(Source: P.A. 89-445, eff. 2-7-96.)