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| Public Act 103-0905
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| SB2628 Enrolled | LRB103 34926 MXP 64803 b |
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AN ACT concerning transportation.
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Be it enacted by the People of the State of Illinois, |
represented in the General Assembly:
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Section 5. The Illinois Administrative Procedure Act is |
amended by adding Section 5-45.55 as follows:
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(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This Section is repealed one year after the effective date |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.
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Section 10. The Rivers, Lakes, and Streams Act is amended |
by changing Section 30 and by adding Section 18k as follows:
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(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.
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