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Public Act 91-0907
HB3093 Enrolled LRB9110635JMks
AN ACT concerning tree and soil conservation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Department of Agriculture Law of the
Civil Administrative Code of Illinois is amended by adding
Section 205-440 as follows:
(20 ILCS 205/205-440 new)
Sec. 205-440. Tree buffer programs. The Department of
Agriculture shall (i) give guidance to organized buffer
initiatives regarding the State agencies and State resources
of relevance to implementation of the programs and (ii) aid
in the promotion of and public dissemination of information
about organized buffer initiatives.
Section 7. The Property Tax Code is amended by adding
Section 10-153 as follows:
(35 ILCS 200/10-153 new)
Sec. 10-153. Non-clear cut assessment. Land that (i) is
not located in a unit of local government with a population
greater than 500,000, (ii) is located within 15 yards of
waters listed by the Department of Natural Resources under
Section 5 of the Rivers, Lakes, and Streams Act as navigable,
and (iii) has not been clear cut of trees, as defined in
Section 29a of the Rivers, Lakes, and Streams Act, shall be
valued at 1/12th of its productivity index equalized assessed
value as cropland.
Section 10. The Rivers, Lakes, and Streams Act is
amended by changing Section 29a as follows:
(615 ILCS 5/29a) (from Ch. 19, par. 78)
Sec. 29a. Construction permits; maintenance and repairs;
clear cutting.
(a) After July 1, 1985, no person, State agency, or unit
of local government shall undertake construction in a public
body of water or in a stream without a permit from the
Department of Natural Resources. No permit shall be required
in a stream which is not a public body of water, draining
less than one square mile in an urban area or less than ten
square miles in a rural area. No permits shall be required
for field tile systems, tile outlet structures, terraces,
water and sediment control basins, grade stabilization
structures, or grassed waterways which do not obstruct flood
flows. Any artificially improved stream channel, drainage
ditch, levee, or pumping station existing in serviceable
condition on July 1, 1985 may be maintained and repaired to
preserve design capacity and function without a permit.
Maintenance and repair of improved channels, ditches or
levees shall follow accepted practices to reduce, as
practical, scour, erosion, sedimentation, escape of loose
material and debris, disturbance of adjacent trees and
vegetation, and obstruction of flood flows.
(b) No person, State agency, or unit of local
government, except (i) a unit of local government with a
population greater than 500,000 and (ii) a commercial or
industrial facility, the operation of which falls under the
regulatory jurisdiction of the United States Army Corps of
Engineers or the United States Coast Guard under Section 10
of the Federal Rivers and Harbors Act, may clear cut trees
within 15 yards of waters listed by the Department under
Section 5 as navigable, except as follows:
(1) for the purpose of improving, maintaining,
repairing, constructing, or reconstructing any highway,
road, bridge, culvert, drainage structure, drainage
facility, or grade separation under the jurisdiction of
the Illinois Department of Transportation or any
municipality, public water facility, road district,
highway commissioner, or drainage district;
(2) for maintenance and improvement of drainage of
or on agricultural land; and
(3) for the purpose of improving, maintaining,
repairing, constructing, or reconstructing any facility
for the distribution, transmission, or generation of
electricity.
For the purpose of this subsection, "clear cutting" means
the complete removal of mature or established trees covering
an area of 400 square yards or more of which leaves less than
50% of the existing forest cover. "Clear cutting" does not
include any of the following:
(1) The removal of brush or woody debris.
(2) The selective cutting of diseased, dying, or
dead trees.
(3) The selective cutting of individual trees for
the purpose of home construction.
(4) The selective cutting of individual trees that
pose a threat to private property.
(5) The clearing of trees for restoration purposes
to include:
(i) removal of non-native tree species and the
subsequent reestablishment of native tree species;
(ii) thinning of trees for the purposes of
encouraging the growth of preferential tree species;
(iii) restoration of wetlands, prairies, or
other natural areas that will not cause or
contribute to streambank destabilization.
(6) The removal of trees or woody vegetation
pursuant to any State or Federal conservation plan
contracts, or when approved by the U.S. Army Corps of
Engineers and the Department.
The Department of Natural Resources may adopt rules for
the administration of this subsection and shall adopt rules
permitting a municipality with a population of 500,000 or
less to petition the Department of Natural Resources to
permit clear cutting to accommodate necessary socioeconomic
development projects.
(Source: P.A. 89-445, eff. 2-7-96.)
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