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91_HB3093enr HB3093 Enrolled LRB9110635JMks 1 AN ACT concerning tree and soil conservation. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Department of Agriculture Law of the 5 Civil Administrative Code of Illinois is amended by adding 6 Section 205-440 as follows: 7 (20 ILCS 205/205-440 new) 8 Sec. 205-440. Tree buffer programs. The Department of 9 Agriculture shall (i) give guidance to organized buffer 10 initiatives regarding the State agencies and State resources 11 of relevance to implementation of the programs and (ii) aid 12 in the promotion of and public dissemination of information 13 about organized buffer initiatives. 14 Section 7. The Property Tax Code is amended by adding 15 Section 10-153 as follows: 16 (35 ILCS 200/10-153 new) 17 Sec. 10-153. Non-clear cut assessment. Land that (i) is 18 not located in a unit of local government with a population 19 greater than 500,000, (ii) is located within 15 yards of 20 waters listed by the Department of Natural Resources under 21 Section 5 of the Rivers, Lakes, and Streams Act as navigable, 22 and (iii) has not been clear cut of trees, as defined in 23 Section 29a of the Rivers, Lakes, and Streams Act, shall be 24 valued at 1/12th of its productivity index equalized assessed 25 value as cropland. 26 Section 10. The Rivers, Lakes, and Streams Act is 27 amended by changing Section 29a as follows: HB3093 Enrolled -2- LRB9110635JMks 1 (615 ILCS 5/29a) (from Ch. 19, par. 78) 2 Sec. 29a. Construction permits; maintenance and repairs; 3 clear cutting. 4 (a) After July 1, 1985, no person, State agency, or unit 5 of local government shall undertake construction in a public 6 body of water or in a stream without a permit from the 7 Department of Natural Resources. No permit shall be required 8 in a stream which is not a public body of water, draining 9 less than one square mile in an urban area or less than ten 10 square miles in a rural area. No permits shall be required 11 for field tile systems, tile outlet structures, terraces, 12 water and sediment control basins, grade stabilization 13 structures, or grassed waterways which do not obstruct flood 14 flows. Any artificially improved stream channel, drainage 15 ditch, levee, or pumping station existing in serviceable 16 condition on July 1, 1985 may be maintained and repaired to 17 preserve design capacity and function without a permit. 18 Maintenance and repair of improved channels, ditches or 19 levees shall follow accepted practices to reduce, as 20 practical, scour, erosion, sedimentation, escape of loose 21 material and debris, disturbance of adjacent trees and 22 vegetation, and obstruction of flood flows. 23 (b) No person, State agency, or unit of local 24 government, except (i) a unit of local government with a 25 population greater than 500,000 and (ii) a commercial or 26 industrial facility, the operation of which falls under the 27 regulatory jurisdiction of the United States Army Corps of 28 Engineers or the United States Coast Guard under Section 10 29 of the Federal Rivers and Harbors Act, may clear cut trees 30 within 15 yards of waters listed by the Department under 31 Section 5 as navigable, except as follows: 32 (1) for the purpose of improving, maintaining, 33 repairing, constructing, or reconstructing any highway, 34 road, bridge, culvert, drainage structure, drainage HB3093 Enrolled -3- LRB9110635JMks 1 facility, or grade separation under the jurisdiction of 2 the Illinois Department of Transportation or any 3 municipality, public water facility, road district, 4 highway commissioner, or drainage district; 5 (2) for maintenance and improvement of drainage of 6 or on agricultural land; and 7 (3) for the purpose of improving, maintaining, 8 repairing, constructing, or reconstructing any facility 9 for the distribution, transmission, or generation of 10 electricity. 11 For the purpose of this subsection, "clear cutting" means 12 the complete removal of mature or established trees covering 13 an area of 400 square yards or more of which leaves less than 14 50% of the existing forest cover. "Clear cutting" does not 15 include any of the following: 16 (1) The removal of brush or woody debris. 17 (2) The selective cutting of diseased, dying, or 18 dead trees. 19 (3) The selective cutting of individual trees for 20 the purpose of home construction. 21 (4) The selective cutting of individual trees that 22 pose a threat to private property. 23 (5) The clearing of trees for restoration purposes 24 to include: 25 (i) removal of non-native tree species and the 26 subsequent reestablishment of native tree species; 27 (ii) thinning of trees for the purposes of 28 encouraging the growth of preferential tree species; 29 (iii) restoration of wetlands, prairies, or 30 other natural areas that will not cause or 31 contribute to streambank destabilization. 32 (6) The removal of trees or woody vegetation 33 pursuant to any State or Federal conservation plan 34 contracts, or when approved by the U.S. Army Corps of HB3093 Enrolled -4- LRB9110635JMks 1 Engineers and the Department. 2 The Department of Natural Resources may adopt rules for 3 the administration of this subsection and shall adopt rules 4 permitting a municipality with a population of 500,000 or 5 less to petition the Department of Natural Resources to 6 permit clear cutting to accommodate necessary socioeconomic 7 development projects. 8 (Source: P.A. 89-445, eff. 2-7-96.)