Bill Text: IL SB2628 | 2023-2024 | 103rd General Assembly | Enrolled

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Bill Title: Amends the Rivers, Lakes, and Streams Act. Requires the Department of Natural Resources to ensure that State agencies comply with the National Flood Insurance Program requirements. Requires all State agencies to obtain a special flood hazard area development permit before undertaking development activity on State-owned property that is located in a special flood hazard area. Requires the Department to adopt an administrative rule setting forth a State special flood hazard area development program to ensure that specified conditions are met for the issuance of permits prior to any State agency development within a special flood hazard area. Provides that State agencies that administer grants or loans for financing a development within a special flood hazard area, are responsible for regulating or permitting a development within a special flood hazard area, or engage in planning programs or promoting a development within a special flood hazard area shall cooperate with the Department to ensure that participants in their programs are informed of the existence and location of special flood hazard areas and of any State or local floodplain requirements that are in effect in such areas. Provides that the Department may enter into a memorandum of understanding with a State agency to outline procedures and processes to review proposed development activity on State-owned property located in a special flood hazard area. Allows the Department to enter into memorandum of understanding that provide for alternative approvals for the issuance of permits.

Spectrum: Slight Partisan Bill (Democrat 9-3)

Status: (Enrolled) 2024-05-24 - Passed Both Houses [SB2628 Detail]

Download: Illinois-2023-SB2628-Enrolled.html

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AN ACT concerning transportation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Administrative Procedure Act is
amended by adding Section 5-45.55 as follows:
(5 ILCS 100/5-45.55 new)
Sec. 5-45.55. Emergency rulemaking; the Department of
Natural Resources. To provide for the expeditious and timely
implementation of Section 13 of the Rivers, Lakes, and Streams
Act, emergency rules implementing Section 13 of the Rivers,
Lakes, and Streams Act may be adopted in accordance with
Section 5-45 by the Department of Natural Resources. The
adoption of emergency rules authorized by Section 5-45 and
this Section is deemed to be necessary for the public
interest, safety, and welfare.
This Section is repealed one year after the effective date
of this amendatory Act of the 103rd General Assembly.
Section 10. The Rivers, Lakes, and Streams Act is amended
by changing Section 30 and by adding Section 18k as follows:
(615 ILCS 5/18k new)
Sec. 18k. National Flood Insurance Program State agency

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requirements.
(a) As used in this Section:
"Department" means the Department of Natural Resources.
"Development" and "developed" mean any man-made change to
real estate, including, but not limited to:
(1) demolition, construction, reconstruction, repair,
placement of a building, or any structural alteration to a
building;
(2) substantial improvement of an existing building;
(3) installation of a manufactured home on a site,
preparing a site for a manufactured home, or installing a
travel trailer on a site for more than 180 days per year;
(4) installation of utilities, construction of roads,
bridges, culverts, or similar projects;
(5) redevelopment of a site, or clearing of land as an
adjunct of construction or construction or erection of
levees, dams, walls, or fences;
(6) drilling, mining, filling, dredging, grading,
excavation, paving, or other alterations of the ground
surface;
(7) storage of materials, including the placement of
gas or liquid storage tanks, and channel modifications or
any other activity that might change the direction,
height, or velocity of flood or surface waters.
"Development" and "developed" do not include resurfacing
of pavement when there is no increase in elevation;

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construction of farm fencing; or gardening, plowing, and
similar practices that do not involve filling, grading, or
construction of levees.
"Special flood hazard area" means an area having special
flood, mudflow or flood-related erosion hazards and shown on a
Federal Emergency Management Agency Flood Hazard Boundary Map
or Flood Insurance Rate Map as Zone A, AO, A1-A-30, AE, A99,
AH, AR, AR/A, AR/AE, AR/AH, AR/AO, AR/A1-A30, V1-V30, VE or V.
"State agencies" means any department, commission, board,
or agency under the jurisdiction of the Governor, any board,
commission, agency, or authority which has a majority of its
members appointed by the Governor, and the Governor's Office.
(b) The Department shall ensure that State agencies comply
with National Flood Insurance Program requirements set forth
in this Section.
(c) All State agencies shall obtain a special flood hazard
area development permit before undertaking development
activity on State-owned property that is located in a special
flood hazard area. The Department shall adopt an
administrative rule setting forth a State special flood hazard
area development program to ensure the following via the
issuance of permits prior to any State agency development
within a special flood hazard area:
(1) Review of all proposed new development in a
special flood hazard area to ensure compliance with the
standards set forth in the administrative rule.

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(2) Monitoring and inspecting developments currently
under construction in a special flood hazard area to
ensure compliance with the standards set forth in the
administrative rule.
(3) Correction, to the extent reasonably practical in
the sole determination of the Department, of all previous
development in a special flood hazard area found not to be
in compliance with the standards set forth in the
administrative rule.
(4) The standards set forth in the administrative rule
shall, at a minimum, be as stringent as the federal
regulations adopted by the Federal Emergency Management
Agency to implement the National Flood Insurance Act (42
U.S.C. 4001 et seq.) that are published in 44 CFR 59
through 60.
(d) State agencies that administer grants or loans for
financing a development within a special flood hazard area
shall cooperate with the Department to ensure that
participants in their programs are informed of the existence
and location of special flood hazard areas and of any State or
local floodplain requirements that are in effect in such
areas.
(e) State agencies that are responsible for regulating or
permitting a development within a special flood hazard area
shall cooperate with the Department to ensure that
participants in their programs are informed of the existence

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and location of special flood hazard areas and of any State or
local floodplain requirements that are in effect in such
areas.
(f) State agencies that are engaged in planning programs
or promoting a program for the development shall cooperate
with the Department to ensure that participants in their
programs are informed of the existence and location of special
flood hazard areas and of any State or local floodplain
requirements in effect in such areas.
(g) The Department shall provide available special flood
hazard area information to assist State agencies in complying
with the requirements established by this Section. The
Department may enter into a memorandum of understanding with a
State agency to outline procedures and processes to review
proposed development activity on State-owned property located
in a special flood hazard area. Such a memorandum of
understanding may allow for alternative approvals for the
issuance of permits. If the Department enters into a
memorandum of understanding with a State agency to allow an
alternative permit process any permits or work completed under
those alternatives is subject to audit and review by the
Department.
(615 ILCS 5/30) (from Ch. 19, par. 78.1)
Sec. 30. The Department of Natural Resources may make such
reasonable rules and regulations as may be necessary to

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