State of Illinois
91st General Assembly
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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.)

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