103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB4207
 
Introduced , by Rep. Sharon Chung
 
SYNOPSIS AS INTRODUCED:

615 ILCS 5/40 new
 Amends the Rivers, Lakes, and Streams Act. Provides that all State agencies engaged in any development within a special flood hazard area shall comply with all requirements of applicable federal and State law. Requires additional specified requirements to apply to State agencies engaged in any development within a special flood hazard area. Provides the Department of Natural Resources shall adopt an administrative rule setting forth a program to ensure certain requirements via the issuance of permits prior to any State agency development within a special flood hazard area. Provides that grants or loans administered by State agencies for financing development within special flood hazard area shall inform participants in their programs 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. Requires State agencies that are responsible for regulating or permitting development within special flood hazard areas to inform participants in their programs 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. Requires State agencies that are engaged in planning programs or programs for the promotion of development to inform participants in their programs 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. Requires the Department to provide available flood hazard information to assist State agencies in complying with the established requirements.


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A BILL FOR
 
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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 
5by adding Section 40 as follows:

6 (615 ILCS 5/40 new)
7 Sec. 40. National Flood Insurance Program requirements. 
8 (a) As used in this Section:
9 "Critical facility" means any facility which is critical 
10to the health and welfare of the population and, if flooded, 
11would create an added dimension to the disaster. Damage to 
12these critical facilities can impact the delivery of vital 
13services, can cause greater damage to other sectors of the 
14community, or can put special populations at risk. The 
15determination of "critical facility" shall be made by each 
16agency.
17 "Department" means the Illinois Department of Natural 
18Resources.
19 "Development" or "developed" means the placement or 
20erection of structures, buildings, or earthworks, land 
21filling, excavation, or other alteration of the ground 
22surface, installation of public utilities, channel 
23modification, or storage of materials or any other activity 
 
 
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1undertaken to modify the existing physical features of a 
2floodplain.
3 "Flood protection elevation" means an elevation one foot 
4above the applicable base flood elevation.
5 "Special flood hazard area" or "floodplain" means an area 
6subject to inundation by the base flood. The floodplains are 
7generally shown on the most current effective Flood Insurance 
8Rate Map published by the Federal Emergency Management Agency.
9 "State agencies" means any department, commission, board, 
10or agency under the jurisdiction of the Governor, any board, 
11commission, agency, or authority which has a majority of its 
12members appointed by the Governor, and the Governor's Office.
13 (b) All State agencies engaged in any development within a 
14special flood hazard area shall comply with all requirements 
15of applicable federal and State law.
16 (c) In addition to the requirements set forth in 
17subsection (b), the following additional requirements shall 
18apply to State agencies engaged in any development within a 
19special flood hazard area where applicable:
20  (1) All new critical facilities shall be located 
21 outside of the special flood hazard area. If this is not 
22 practical, as determined by the Department, critical 
23 facilities shall be developed with the lowest floor 
24 elevation equal to or greater than the 0.2% annual chance 
25 flood elevation or 3 feet above the base flood elevation, 
26 whichever is greater. If a critical facility cannot be 
 
 
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1 practicably developed with the lowest floor elevation 
2 equal to or greater than the 0.2% annual chance flood 
3 elevation or 3 feet above the base flood elevation, as 
4 determined by the Department, and is non-residential, the 
5 critical facility shall be structurally dry floodproofed 
6 to an elevation equal to or greater than the 0.2% annual 
7 chance flood elevation or 3 feet above the base flood 
8 elevation, whichever is greater.
9  (2) All new buildings shall be developed with the 
10 lowest floor elevation equal to or greater than the flood 
11 protection elevation. If a building cannot be practicably 
12 developed with the lowest floor elevation equal to or 
13 greater than the flood protection elevation, as determined 
14 by the Department, and is non-residential, the building 
15 shall be structurally dry floodproofed to an elevation 
16 equal to or greater than the flood protection elevation.
17  (3) Modifications, additions, repairs, or replacement 
18 of existing structures may be allowed so long as the new 
19 development does not obstruct flood flows or increase the 
20 market value of the structure by 50%. Floodproofing 
21 activities are permitted and encouraged but must comply 
22 with the requirements noted above.
23  (4) State agencies that obtain new flood elevation, 
24 floodway, or encroachment data developed in conjunction 
25 with development or other activities covered by this 
26 Section shall submit the data to the Department for its 
 
 
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1 review. If the flood hazard information is used in 
2 determining design features or location of any State 
3 development, it must first be approved by the Department.
4 (d) The Department shall adopt an administrative rule 
5setting forth a program to ensure the following via the 
6issuance of permits prior to any State agency development 
7within a special flood hazard area:
8  (1) Review of all proposed development in the special 
9 flood hazard area to assure compliance with the standards 
10 set forth in this Section.
11  (2) Monitoring and inspecting special flood hazard 
12 area development under construction to ensure compliance 
13 with the standards set forth in this Section.
14  (3) Correction, to the extent reasonably practical in 
15 the sole determination of the Department, of all special 
16 flood hazard area development found not to be in 
17 compliance with the standards set forth in this Section.
18 (e) State agencies that administer grants or loans for 
19financing development within a special flood hazard area shall 
20inform participants in their programs of the existence and 
21location of special flood hazard areas and of any State or 
22local floodplain requirements that are in effect in such 
23areas.
24 (f) State agencies that are responsible for regulating or 
25permitting development within a special flood hazard area 
26shall inform participants in their programs of the existence 
 
 
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