Rep. Sharon Chung

Filed: 3/20/2024

 

 


 

 


 
10300HB4207ham001LRB103 35030 BDA 71220 a

1
AMENDMENT TO HOUSE BILL 4207

2    AMENDMENT NO. ______. Amend House Bill 4207 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Rivers, Lakes, and Streams Act is amended
5by adding Section 18k as follows:
 
6    (615 ILCS 5/18k new)
7    Sec. 18k. National Flood Insurance Program; State agency
8requirements.
9    (a) As used in this Section:
10    "Department" means the Department of Natural Resources.
11    "Development" and "developed" mean any human-made change
12to real estate, including, but not limited to:
13        (1) demolition, construction, reconstruction, repair,
14    placement of a building, or any structural alteration to a
15    building;
16        (2) substantial improvement of an existing building;

 

 

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1        (3) installation of a manufactured home on a site,
2    preparing a site for a manufactured home, or installing a
3    travel trailer on a site for more than 180 days per year;
4        (4) installation of utilities or construction of
5    roads, bridges, culverts, or similar projects;
6        (5) redevelopment of a site, clearing of land as an
7    adjunct of construction, or construction or erection of
8    levees, dams, walls, or fences;
9        (6) drilling, mining, filling, dredging, grading,
10    excavation, paving, or other alterations of the ground
11    surface;
12        (7) storage of materials, including the placement of
13    gas or liquid storage tanks, and channel modifications or
14    any other activity that might change the direction,
15    height, or velocity of flood or surface waters.
16    "Development" and "developed" do not include resurfacing
17of pavement that does not result in an increase in elevation;
18construction of farm fencing; or gardening, plowing, and
19similar practices that do not involve filling, grading, or
20construction of levees.
21    "Special flood hazard area" means an area that has special
22flood, mudflow, or flood-related erosion hazards and that is
23shown on a Federal Emergency Management Agency Flood Hazard
24Boundary Map or Floor Insurance Rate Map as Zone A, AO, A1-A30,
25AE, A99, AH, AR, AR/A, AR/AE, AR/AH, AR/AO, AR/A1-A30, V1-V30,
26VE, or V.

 

 

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1    "State agency" means any department, commission, board, or
2agency under the jurisdiction of the Governor; any board,
3commission, agency, or authority which has a majority of its
4members appointed by the Governor; and the Governor's Office.
5    (b) The Department shall ensure that State agencies comply
6with National Flood Insurance Program requirements set forth
7in this Section.
8    (c) All State agencies shall obtain a special flood hazard
9area development permit before undertaking development
10activity on State-owned property that is located in a special
11flood hazard area. The Department shall adopt rules
12establishing a State special flood hazard area development
13program to ensure the following via the issuance of permits
14prior to any State agency development within a special flood
15hazard area:
16        (1) review of all proposed new development in a
17    special flood hazard area to ensure compliance with the
18    standards set forth in the administrative rules;
19        (2) monitoring and inspecting developments currently
20    under construction in a special flood hazard area to
21    ensure compliance with the standards set forth in the
22    administrative rules;
23        (3) correction, to the extent reasonably practical in
24    the sole determination of the Department, of all previous
25    development in a special flood hazard area found not to be
26    in compliance with the standards set forth in the

 

 

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1    administrative rules; and
2        (4) adoption of standards in the administrative rules
3    that, at a minimum, are as stringent as the federal
4    regulations that are promulgated by the Federal Emergency
5    Management Agency to implement the National Flood
6    Insurance Act (42 U.S.C. 4001 et seq.) and that are
7    published in 44 CFR 59 through 60.
8    (d) State agencies that administer grants or loans for
9financing a development within a special flood hazard area
10shall cooperate with the Department to ensure that
11participants in their programs are informed of the existence
12and location of special flood hazard areas and of any State or
13local floodplain requirements that are in effect in those
14areas.
15    (e) State agencies that are responsible for regulating or
16permitting a development within a special flood hazard area
17shall cooperate with the Department to ensure that
18participants in their programs are informed of the existence
19and location of special flood hazard areas and of any State or
20local floodplain requirements that are in effect in those
21areas.
22    (f) State agencies that are engaged in planning programs
23or promoting a program for a development within a special
24flood hazard area shall cooperate with the Department to
25ensure that participants in their programs are informed of the
26existence and location of special flood hazard areas and of

 

 

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1any State or local floodplain requirements in effect in those
2areas.
3    (g) The Department shall provide available special flood
4hazard area information to assist State agencies in complying
5with the requirements established by this Section. The
6Department may enter into a memorandum of understanding with a
7State agency to outline procedures and processes to review
8proposed development activity on State-owned property located
9in a special flood hazard area. Such a memorandum of
10understanding may allow for alternative approvals for the
11issuance of permits. If the Department enters into a
12memorandum of understanding with a State agency to allow an
13alternative permit process, any permits or work completed
14under those alternatives is subject to audit and review by the
15Department.".