Illinois General Assembly - Full Text of HB5130
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Full Text of HB5130  100th General Assembly




State of Illinois
2017 and 2018


Introduced , by Rep. Jay Hoffman


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.

LRB100 19633 LNS 34906 b





HB5130LRB100 19633 LNS 34906 b

1    AN ACT concerning transportation.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Rivers, Lakes, and Streams Act is amended by
5changing Section 29a as follows:
6    (615 ILCS 5/29a)  (from Ch. 19, par. 78)
7    Sec. 29a. Construction permits; maintenance and repairs;
8clear cutting.
9    (a) After July 1, 1985, no person, State agency, or unit of
10local government shall undertake construction in a public body
11of water or in a stream without a permit from the Department of
12Natural Resources. No permit shall be required in a stream
13which is not a public body of water, draining less than one
14square mile in an urban area or less than ten square miles in a
15rural area. No permits shall be required for field tile
16systems, tile outlet structures, terraces, water and sediment
17control basins, grade stabilization structures, or grassed
18waterways which do not obstruct flood flows. Any artificially
19improved stream channel, drainage ditch, levee, or pumping
20station existing in serviceable condition on July 1, 1985 may
21be maintained and repaired to preserve design capacity and
22function without a permit. Maintenance and repair of improved
23channels, ditches or levees shall follow accepted practices to



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1reduce, as practical, scour, erosion, sedimentation, escape of
2loose material and debris, disturbance of adjacent trees and
3vegetation, and obstruction of flood flows.
4    (b) No person, State agency, or unit of local government,
5except (i) a unit of local government with a population greater
6than 500,000 and (ii) a commercial or industrial facility, the
7operation of which falls under the regulatory jurisdiction of
8the United States Army Corps of Engineers or the United States
9Coast Guard under Section 10 of the Federal Rivers and Harbors
10Act, may clear cut trees within 15 yards of waters listed by
11the Department under Section 5 as navigable, except as follows:
12        (1) for the purpose of improving, maintaining,
13    repairing, constructing, or reconstructing any highway,
14    road, bridge, culvert, drainage structure, drainage
15    facility, or grade separation under the jurisdiction of the
16    Illinois Department of Transportation or any municipality,
17    public water facility, road district, highway
18    commissioner, or drainage district;
19        (2) for maintenance and improvement of drainage of or
20    on agricultural land; and
21        (3) for the purpose of improving, maintaining,
22    repairing, constructing, or reconstructing any facility
23    for the distribution, transmission, or generation of
24    electricity.
25    For the purpose of this subsection, "clear cutting" means
26the complete removal of mature or established trees covering an



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1area of 400 square yards or more of which leaves less than 50%
2of the existing forest cover. "Clear cutting" does not include
3any of the following:
4        (1) The removal of brush or woody debris.
5        (2) The selective cutting of diseased, dying, or dead
6    trees.
7        (3) The selective cutting of individual trees for the
8    purpose of home construction.
9        (4) The selective cutting of individual trees that pose
10    a threat to private property.
11        (5) The clearing of trees for restoration purposes to
12    include:
13            (i) removal of non-native tree species and the
14        subsequent reestablishment of native tree species;
15            (ii) thinning of trees for the purposes of
16        encouraging the growth of preferential tree species;
17            (iii) restoration of wetlands, prairies, or other
18        natural areas that will not cause or contribute to
19        streambank destabilization.
20        (6) The removal of trees or woody vegetation pursuant
21    to any State or Federal conservation plan contracts, or
22    when approved by the U.S. Army Corps of Engineers and the
23    Department.
24    The Department of Natural Resources may adopt rules for the
25administration of this subsection and shall adopt rules
26permitting a municipality with a population of 500,000 or less



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1to petition the Department of Natural Resources to permit clear
2cutting to accommodate necessary socioeconomic development
4    (c) When considering whether to issue a permit for
5construction or maintenance or repair of a levee or flood wall
6under this Section, the Department of Natural Resources shall
7consider the flood discharge that would just overtop a levee or
8flood wall when conducting a worst-case scenario analysis.
9    For purposes of this subsection, "worst-case scenario
10analysis" means the calculation of the maximum increases in
11flood heights, velocities, and damages a project would cause
12due to conveyance and storage losses, considering both the
13project alone and the combined effects of other existing
14construction and reasonably anticipated obstructive
15construction on similarly situated properties in the locality.
16(Source: P.A. 91-907, eff. 1-1-01.)
17    Section 99. Effective date. This Act takes effect upon
18becoming law.