Public Act 096-1395
 
SB2556 EnrolledLRB096 17788 JDS 33155 b

    AN ACT concerning floodplains.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Environmental Protection Act is amended by
adding Sections 3.102 and 3.103 as follows:
 
    (415 ILCS 5/3.102 new)
    Sec. 3.102. 100-year flood. "100-year flood" means a flood
that has a 1% or greater chance of recurring in any given year
or a flood of a magnitude equaled or exceeded once in 100 years
on the average over a significantly longer period.
 
    (415 ILCS 5/3.103 new)
    Sec. 3.103. 100-year floodplain. "100-year floodplain"
means the lowland and relatively flat areas adjoining inland
and coastal waters, including flood-prone areas of offshore
islands, that are inundated by a 100-year flood. For the
purposes of this Act, including for the purposes of granting
permit and license applications filed or pending prior to the
effective date of this amendatory Act of the 96th General
Assembly, an area shall be deemed by operation of law not to be
within the 100-year floodplain if the area lies within an area
protected by a federal levee and is located in a flood
prevention district established in accordance with the Flood
Prevention District Act; provided, however, that an area that
lies within a flood prevention district established in
accordance with the Flood Prevention District Act shall be
deemed by operation of law to be within the 100-year floodplain
if, according to the currently adopted federal flood insurance
rate map, the area is subject to inundation by a 100-year flood
from bodies of water other than the Mississippi River.
 
    Section 15. The Rivers, Lakes, and Streams Act is amended
by adding Sections 18h, 18i, and 18j and by changing Sections
18f and 18g as follows:
 
    (615 ILCS 5/18f)  (from Ch. 19, par. 65f)
    Sec. 18f.
    (a) The Department of Natural Resources shall define
100-year floodplains flood plains within the State of Illinois
on a township by township basis and may issue permits for any
construction within such 100-year floodplains flood plains on
or after the effective date of this amendatory Act of 1971. The
Department shall publish and distribute suitable reports,
together with mapping and hydrologic exhibits pertaining to
100-year floodplains flood plains defined and established
under this Act. In defining applicable 100-year floodplains
flood plains, the Department shall cooperate with, and shall
consider planning and zoning requirements of, regional
planning agencies created by statute, counties, municipalities
and other units of government. A period of thirty days shall be
allowed for any agency to submit written comments to the
Department regarding any proposed 100-year floodplain flood
plain area. If such agency fails to return comments to the
Department within the specified time period the Department may
proceed with the publication and institution of the 100-year
floodplain flood plain permit procedure. The Department is
charged with the planning, development, and evaluation of the
most economic combination of retention storage, channel
improvement, and floodplain flood plain preservation in
defining and establishing 100-year floodplain flood plain
areas. All construction undertaken on a defined 100-year
floodplain flood plain subsequent to the effective date of this
amendatory Act, without benefit of a permit from the Department
of Natural Resources, shall be unlawful and the Department, may
in its discretion, proceed to obtain injunctive relief for
abatement or removal of such unlawful construction. The
Department, in its discretion, may make such investigations and
conduct such hearings as may be necessary to the performance of
its duties under this amendatory Act of 1971. Activity of the
Department under this Section shall be limited to townships
related to projects of the Department authorized by the General
Assembly. The report of the Department shall be considered a
final administrative decision and subject to judicial review in
accordance with the provision of the Administrative Review Law.
    (b) For the purposes of this Section, including for the
purposes of granting permit and license applications filed or
pending prior to the effective date of this amendatory Act of
the 96th General Assembly, "100-year floodplain" means the
lowland and relatively flat areas adjoining inland and coastal
waters, including flood-prone areas of offshore islands, that
are inundated by a flood that has a 1% or greater chance of
recurring in any given year or a flood of a magnitude equalled
or exceeded once in 100 years on the average over a
significantly long period. For the purposes of this Section, an
area shall be deemed by operation of law not to be within the
100-year floodplain if the area lies within an area protected
by a federal levee and is located in a flood prevention
district established in accordance with the Flood Prevention
District Act; provided, however, that an area that lies within
a flood prevention district established in accordance with the
Flood Prevention District Act shall be deemed by operation of
law to be within the 100-year floodplain if, according to the
currently adopted federal flood insurance rate map, the area is
subject to inundation by a 100-year flood from bodies of water
other than the Mississippi River.
(Source: P.A. 89-445, eff. 2-7-96.)
 
    (615 ILCS 5/18g)  (from Ch. 19, par. 65g)
    Sec. 18g. (a) The Department of Natural Resources shall
define the 100-year floodway within metropolitan counties
located in the area served by the Northeastern Illinois
Planning Commission, except for the part of that area which is
within any city with a population exceeding 1,500,000. In
defining the 100-year floodway, the Department may rely on
published data and maps which have been prepared by the
Department itself, by the Illinois State Water Survey of the
University of Illinois, by federal, State or local governmental
agencies, or by any other private or public source which it
determines to be reliable and appropriate.
    (b) The Department may issue permits for construction that
is an appropriate use of the designated 100-year floodway in
such metropolitan counties. If a unit of local government has
adopted an ordinance that establishes minimum standards for
appropriate use of the floodway that are at least as
restrictive as those established by the Department and this
Section, and the unit of local government has adequate staff to
enforce the ordinance, the Department may delegate to such unit
of local government the authority to issue permits for
construction that is an appropriate use of the floodway within
its jurisdiction.
    (c) No person may engage in any new construction within the
100-year floodway as designated by the Department in such
metropolitan counties, unless such construction relates to an
appropriate use of the floodway. No unit of local government,
including home rule units, in such metropolitan counties may
issue any building permit or other apparent authorization for
any prohibited new construction within the 100-year floodway.
    (d) For the purpose of this Section, including for the
purposes of granting permit and license applications filed or
pending prior to the effective date of this amendatory Act of
the 96th General Assembly:
        (1) "100-year floodway" means the channel and that
    portion of the 100-year floodplain adjacent to a stream or
    watercourse which is needed to store and convey the
    100-year frequency flood discharge without a significant
    increase in stage.
        (1.5) "100-year floodplain" means the lowland and
    relatively flat areas adjoining inland and coastal waters,
    including flood-prone areas of offshore islands, that are
    inundated by a flood that has a 1% or greater chance of
    recurring in any given year or a flood of a magnitude
    equalled or exceeded once in 100 years on the average over
    a significantly long period.
        (2) "New construction" means the construction of any
    new building or structure or the placement of any fill or
    material, but does not include the repair, remodeling or
    maintenance of buildings or structures in existence on the
    effective date of this amendatory Act of 1987.
        (3) "Appropriate use of the floodway" means use for (i)
    flood control structures, dikes, dams and other public
    works or private improvements relating to the control of
    drainage, flooding or erosion; (ii) structures or
    facilities relating to the use of, or requiring access to,
    the water or shoreline, including pumping and treatment
    facilities, and facilities and improvements related to
    recreational boats, commercial shipping and other
    functionally dependent uses; and (iii) any other purposes
    which the Department determines, by rule, to be appropriate
    to the 100-year floodway, and the periodic inundation of
    which will not pose a danger to the general health and
    welfare of the user, or require the expenditure of public
    funds or the provision of public resources or disaster
    relief services. Appropriate use of the floodway does not
    include construction of a new building unless such building
    is a garage, storage shed or other structure accessory to
    an existing building and such building does not increase
    flood stages.
        (4) "Person" includes natural persons, corporations,
    associations, governmental entities, and all other legal
    entities.
    (e) All construction undertaken on a designated 100-year
floodway in such metropolitan counties, without benefit of a
permit from the Department of Natural Resources, shall be
unlawful and the Department or any affected unit of local
government may, in its discretion, proceed to obtain injunctive
relief for abatement or removal of such unlawful construction.
The Department, in its discretion, may make such investigations
and conduct such hearings and adopt such rules as may be
necessary to the performance of its duties under this Section.
    (f) This Section does not limit any power granted to the
Department by any other Act.
    (g) This Section does not limit the concurrent exercise by
any unit of local government of any power consistent herewith.
    (h) This Section does not apply to any city with a
population exceeding 1,500,000.
(Source: P.A. 95-728, eff. date - See Sec. 999.)
 
    (615 ILCS 5/18h new)
    Sec. 18h. Conflicts with Executive Order 2006-5. To the
extent that Executive Order 2006-5 is inconsistent with the
provisions of this amendatory Act of the 96th General Assembly,
the provisions of this amendatory Act shall govern.
 
    (615 ILCS 5/18i new)
    Sec. 18i. Maintenance of eligibility to participate in the
National Flood Insurance Program. Nothing in this amendatory
Act of the 96th General Assembly shall be construed to diminish
or conflict with the authority and the obligation of local
governments to adopt and enforce local ordinances and
regulations necessary to maintain eligibility to participate
fully in the National Flood Insurance Program and for property
owners to purchase federal flood insurance. If a local
government located in an area that (i) is protected by a
federal levee and (ii) located in a flood prevention district
established in accordance with the Flood Prevention District
Act chooses to participate in the National Flood Insurance
Program, it must adopt and maintain ordinances and floodplain
management regulations that meet the requirements of 44 C.F.R.
60.3, 60.4, and 60.5, and it must submit copies of those
documents to the Federal Emergency Management Agency as
required by federal law.
 
    (615 ILCS 5/18j new)
    Sec. 18j. ESDA critical facility evacuation plans. Any
critical facility that gives shelter to a person who would be
unable to evacuate without assistance during a flooding event,
and that is located in an area deemed by operation of law not
to be within the 100-year floodplain because the area in which
the critical facility is located lies within an area protected
by a federal levee and is located in a flood prevention
district established in accordance with the Flood Prevention
District Act shall develop an evacuation plan and certify to
the Emergency Services and Disaster Agency (ESDA), as defined
by Section 4 of the Illinois Emergency Management Act, on a
form provided by the ESDA, that it has developed an evacuation
plan which the critical facility has or will implement prior to
or concurrent with occupancy of the facility to evacuate
persons who need assistance evacuating the facility and the
flooded area.
 
    Section 99. Effective date. This Act takes effect upon
becoming law.