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91_HB3093ham002
LRB9110635JMpkam
1 AMENDMENT TO HOUSE BILL 3093
2 AMENDMENT NO. . Amend House Bill 3093, AS AMENDED,
3 by replacing the title with the following:
4 "AN ACT concerning tree and soil conservation."; and
5 by replacing everything after the enacting clause with the
6 following:
7 "Section 5. The Department of Agriculture Law of the
8 Civil Administrative Code of Illinois is amended by adding
9 Section 205-440 as follows:
10 (20 ILCS 205/205-440 new)
11 Sec. 205-440. Tree buffer program. The Department of
12 Agriculture shall (i) assist and advise the Trees Forever
13 Illinois Buffer Initiative; (ii) give general advice and
14 guidance to the Trees Forever Illinois Buffer Initiative
15 regarding the State agencies and State resources of relevance
16 to implementation of the program; and (iii) aid in the
17 promotion of and public dissemination of information about
18 the Trees Forever Illinois Buffer Initiative.
19 Section 10. The Rivers, Lakes, and Streams Act is
20 amended by changing Section 29a as follows:
-2- LRB9110635JMpkam
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 a unit of local government with a
25 population greater than 500,000, may clear cut, as defined by
26 rule by the Department of Natural Resources, trees within 15
27 yards of waters listed by the Department under Section 5 as
28 navigable, except as follows:
29 (1) for the purpose of improving, maintaining,
30 repairing, constructing, and reconstructing any highway,
31 road, bridge, culvert, drainage structure, drainage
32 facility, or grade separation under the jurisdiction of
33 the Illinois Department of Transportation or any road
34 district, highway commissioner, or drainage district;
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1 (2) for maintenance and improvement of drainage of
2 or on agricultural land, for which trees may be removed;
3 and
4 (3) for the purpose of improving, maintaining,
5 repairing, constructing, or reconstructing any facility
6 for the distribution, transmission, or generation of
7 electricity.
8 (Source: P.A. 89-445, eff. 2-7-96.)".