HB0634 94TH GENERAL ASSEMBLY

LRB094 07430 DRH 37592 b

94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB0634

Introduced 1/28/2005, by Rep. Jack D. Franks

SYNOPSIS AS INTRODUCED:

New Act
615 ILCS 95/Act rep.

Creates the Illinois Scenic River Designation Act. Designates portions of specified rivers as permanently protected rivers of the State. Designates the Department of Natural Resources as State administrator of the designated portions of rivers. Establishes the Department's duties under the Act. Provides for subsequent designations. Provides that designated portions of rivers may subsequently become part of the National Wild and Scenic Rivers System. Prohibits the acquisition of land by eminent domain for purposes of the Act. Repeals the Vermilion River Middle Fork Act.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning transportation.

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

Section 1. Short title. This Act may be cited as the Illinois Scenic River Designation Act.

Section 5. Definitions. As used in this Act:

(a) "Confluence" mean the point or juncture where 2 streams flow together.

(b) "Department" means the Department of Natural Resources.

(c) "Mouth" means a natural opening of a river or stream that empties into a larger body of water.

Section 10. Policy declaration. In order to afford the people of the State of Illinois an opportunity to enjoy natural streams, attract out-of-state visitors, promote nature-based tourism, and assure the well-being of our tourist industry, it is in the interest of this General Assembly to designate certain segments of Illinois' rivers as State Scenic rivers. It is declared the policy of the State to secure and protect for current and future generations the benefits of an enduring resource of the flowing streams possessing outstanding scenic, recreation, fish and wildlife, geology, archeology, botanical, historic, and scientific values.

Section 15. Designations. Portions of the following rivers are designated as permanently protected rivers of the State of Illinois:

(a) Lower Fox River within LaSalle County, from Sheridan, Illinois, at the confluence of Somonauk Creek, to Wedron, Illinois at Wedron Road Bridge.

(b) Kishwaukee River within McHenry, Boone, and Winnebago Counties, from Marengo, Illinois, at the Route 23 bridge, to Atwood Park, near New Milford, Illinois.

(c) Nippersink Creek within McHenry County, from Barnard Mill Road to the McHenry-Lake county line.

(d) Rock River within Ogle and Lee Counties, from Oregon, Illinois to Dixon, Illinois.

(e) Kankakee River within Kankakee County from Kankakee, Illinois at Perry Farm Park to Warner Bridge at the Will-Kankakee county line.

(f) Vermilion River within LaSalle County from Streator, Illinois at Perry Farm Park to the mouth of the Vermilion River.

(g) Middle Fork of the Vermilion River within Vermilion County.

(h) Cache River within Pulaski and Johnson Counties from the mouth of Cypress Creek to Long Reach Road, and from Levee Road to the mouth of the Cache River.

(i) Lusk Creek within Pope County from Eddybill Road to Forest Road.

(j) Illinois River from Ottawa, at the mouth of the Fox River, to Havana at the State Route 136 bridge.

(k) Pecatonica River within Stephenson and Winnebago Counties, from Tarsk Bridge Forest Preserve to Macktown Forest Preserve.

Section 20. State administrator.

(a) The Illinois Department of Natural Resources is designated as the State administrator of the designated segments described in Section 15.

(b) The following duties shall be performed by the Department of Natural Resources or, at the request of the Department of Natural Resources and without remuneration, by a conservation district, ecosystem partnership, or other conservation entity:

(1) Entering into agreements with local, State, and federal entities and private landowners for the mutual management of the river, including conservation easements.

(2) Incorporating the designation of State scenic river segments into a State Comprehensive Outdoor Recreation Plan.

(3) Development of a scenic river management plan for each scenic river segment to maintain or improve recreational opportunities, water quality, fish and wildlife safety, and public access. The plan may encourage the adoption of stream buffer ordinances by local governments to protect and enhance recreation, scenic, and natural values, and water and biotic quality. The Department may consult and collaborate with other State agencies, local governments, planning agencies, organizations, and ecosystem partnerships.

(4) Creation and implementation of Statewide minimum standards, including but not limited to monetary penalties for violations, for the protection of designated river values enumerated in Section 10 of this Act.

Section 25. Subsequent designation nominations. Any Illinois citizen may submit a request to the Department for the nomination of additional river segments to be designated as scenic. Requests must be made in writing on a form created by the Department and have attached at least 500 signatures of Illinois residents supporting the nomination. The Department shall direct the request to the Natural Resources Advisory Board, which shall recommend a decision to the Director of the Department. Upon a sufficient request, the board shall hold a public hearing within 120 days in any county in which the nominated river segment lies. A final determination on the nomination shall be made by the Director of the Department within 180 days of its submission. The Department may adopt rules creating standards for future designations, which may include factors such as recreational potential, water quality, biotic quality, and natural or scenic value.

Section 30. Subsequent inclusion in federal system. This Act does not preclude any component of the State scenic river system from becoming part of the National Wild and Scenic River System under the Wild and Scenic Rivers Act.

Section 35. Acquisition by eminent domain prohibited. Acquisition of land by eminent domain for the purposes of this Act is prohibited. Land may be acquired only from owners voluntarily. The Department and other entities or persons may develop or acquire conservation easements to protect natural and scenic values.

(615 ILCS 95/Act rep.)

Section 990. The Vermilion River Middle Fork Act is repealed.