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91_HB3093
LRB9110635JMks
1 AN ACT to amend the Rivers, Lakes, and Streams Act by
2 changing Section 29a.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Rivers, Lakes, and Streams Act is amended
6 by changing Section 29a as follows:
7 (615 ILCS 5/29a) (from Ch. 19, par. 78)
8 Sec. 29a. Construction permits; maintenance and repairs;
9 clear cutting.
10 (a) After July 1, 1985, no person, State agency, or unit
11 of local government shall undertake construction in a public
12 body of water or in a stream without a permit from the
13 Department of Natural Resources. No permit shall be required
14 in a stream which is not a public body of water, draining
15 less than one square mile in an urban area or less than ten
16 square miles in a rural area. No permits shall be required
17 for field tile systems, tile outlet structures, terraces,
18 water and sediment control basins, grade stabilization
19 structures, or grassed waterways which do not obstruct flood
20 flows. Any artificially improved stream channel, drainage
21 ditch, levee, or pumping station existing in serviceable
22 condition on July 1, 1985 may be maintained and repaired to
23 preserve design capacity and function without a permit.
24 Maintenance and repair of improved channels, ditches or
25 levees shall follow accepted practices to reduce, as
26 practical, scour, erosion, sedimentation, escape of loose
27 material and debris, disturbance of adjacent trees and
28 vegetation, and obstruction of flood flows.
29 (b) No person, State agency, or unit of local government
30 may clear cut, as defined by rule by the Department of
31 Natural Resources, trees within 40 yards of waters listed by
-2- LRB9110635JMks
1 the Department under Section 5 as navigable.
2 (Source: P.A. 89-445, eff. 2-7-96.)