HB5130 100TH GENERAL ASSEMBLY

LRB100 19633 LNS 34906 b

100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB5130

Introduced , by Rep. Jay Hoffman

SYNOPSIS AS INTRODUCED:

615 ILCS 5/29a

from Ch. 19, par. 78

Amends the Rivers, Lakes, and Streams Act. Provides that when considering whether to issue a permit for construction or maintenance or repair of a levee or flood wall under a provision in the Act, the Department of Natural Resources shall consider the flood discharge that would just overtop a levee or flood wall when conducting a worst-case scenario analysis. Defines "worst-case scenario analysis". Effective immediately.

A BILL FOR

AN ACT concerning transportation.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. 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.

(c) When considering whether to issue a permit for construction or maintenance or repair of a levee or flood wall under this Section, the Department of Natural Resources shall consider the flood discharge that would just overtop a levee or flood wall when conducting a worst-case scenario analysis.

For purposes of this subsection, "worst-case scenario analysis" means the calculation of the maximum increases in flood heights, velocities, and damages a project would cause due to conveyance and storage losses, considering both the project alone and the combined effects of other existing construction and reasonably anticipated obstructive construction on similarly situated properties in the locality.

(Source: P.A. 91-907, eff. 1-1-01.)

Section 99. Effective date. This Act takes effect upon becoming law.