State of Illinois
91st General Assembly
Legislation

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91_HB3093eng

 
HB3093 Engrossed                               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  program.  The Department of
 9    Agriculture shall (i) assist and  advise  the  Trees  Forever
10    Illinois  Buffer  Initiative;  (ii)  give  general advice and
11    guidance to the  Trees  Forever  Illinois  Buffer  Initiative
12    regarding the State agencies and State resources of relevance
13    to  implementation  of  the  program;  and  (iii)  aid in the
14    promotion of and public dissemination  of  information  about
15    the Trees Forever Illinois Buffer Initiative.

16        Section  10.  The  Rivers,  Lakes,  and  Streams  Act  is
17    amended by changing Section 29a as follows:

18        (615 ILCS 5/29a) (from Ch. 19, par. 78)
19        Sec. 29a.  Construction permits; maintenance and repairs;
20    clear cutting.
21        (a)  After July 1, 1985, no person, State agency, or unit
22    of  local government shall undertake construction in a public
23    body of water or in  a  stream  without  a  permit  from  the
24    Department of Natural Resources.  No permit shall be required
25    in  a  stream  which  is not a public body of water, draining
26    less than one square mile in an urban area or less  than  ten
27    square  miles  in a rural area.  No permits shall be required
28    for field tile systems,  tile  outlet  structures,  terraces,
29    water   and  sediment  control  basins,  grade  stabilization
 
HB3093 Engrossed            -2-                LRB9110635JMks
 1    structures, or grassed waterways which do not obstruct  flood
 2    flows.   Any  artificially  improved stream channel, drainage
 3    ditch, levee, or  pumping  station  existing  in  serviceable
 4    condition  on  July 1, 1985 may be maintained and repaired to
 5    preserve design  capacity  and  function  without  a  permit.
 6    Maintenance  and  repair  of  improved  channels,  ditches or
 7    levees  shall  follow  accepted  practices  to   reduce,   as
 8    practical,  scour,  erosion,  sedimentation,  escape of loose
 9    material  and  debris,  disturbance  of  adjacent  trees  and
10    vegetation, and obstruction of flood flows.
11        (b)  No  person,  State  agency,   or   unit   of   local
12    government,   except  a  unit  of  local  government  with  a
13    population greater than 500,000, may clear cut, as defined by
14    rule by the Department of Natural Resources, trees within  15
15    yards  of  waters listed by the Department under Section 5 as
16    navigable, except as follows:
17             (1)  for  the  purpose  of  improving,  maintaining,
18        repairing, constructing, and reconstructing any  highway,
19        road,   bridge,  culvert,  drainage  structure,  drainage
20        facility, or grade separation under the  jurisdiction  of
21        the  Illinois  Department  of  Transportation or any road
22        district, highway commissioner, or drainage district;
23             (2)  for maintenance and improvement of drainage  of
24        or  on agricultural land, for which trees may be removed;
25        and
26             (3)  for  the  purpose  of  improving,  maintaining,
27        repairing, constructing, or reconstructing  any  facility
28        for  the  distribution,  transmission,  or  generation of
29        electricity.
30    (Source: P.A. 89-445, eff. 2-7-96.)

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