Illinois Administrative Code

Section 3085.50 Compliance Requirements a) Grantees must retain all financial records associated with implementation of the Program, in accordance with the Grant Funds Recovery Act [30 ILCS 705] and the State Records Act [5 ILCS 160] for possible State audit after final grant pay…

Section 3085.60 Conservation Education and Employment Opportunities a) The Program's education and employment opportunities shall be limited to citizens of this State who at the time of enrollment in the Program are 15 through 25 years of age. [525 ILCS 60/25] b) The Conservation…

Section 3090.10 Program Objective The Recreational Trails Program (RTP) is a federal-aid assistance program to help states provide and maintain recreational trails for both motorized and nonmotorized trail use. Funding assistance provided through the program is for the developmen…

Section 3090.20 Program Eligibility Requirements Eligible grant applicants include federal, State and local government agencies, not-for-profit organizations and private operators of recreational facilities open to the public.

Section 3090.30 Funding Assistance Formula The RTP provides 80% reimbursement funding assistance on approved projects. A maximum grant of $200,000 may be awarded per application for nonmotorized development projects. No maximum grant award amount is set for acquisition projects a…

Section 3090.40 General Procedures for Grant Applications and Awards a) Necessary application material and instructions are available on the Department's website at www.dnr.illinois.gov. b) Grants are awarded under the authority and direction of the Director of the Department. c)…

Section 3090.5 Definitions "CERP" means the Comprehensive Environmental Review Process by which the Department is required, by various statutes, to determine whether a prospective project may pose possible environmental or historical/cultural resource impacts. "Department" or "DN…

Section 3090.50 Eligible Project Costs a) Grant assistance may be obtained for: 1) Land acquisition (fee simple title, permanent easement or long-term lease) from willing sellers for public trails/trail sites. Land acquisition costs include associated appraisal costs, site survey…

Section 3090.60 Project Evaluation Standards a) Application Scoring The following criteria will be used by the Department for evaluating and ranking grant applications. Each criteria indicates the weighting that will be given to that criteria. 1) Projects of high need (20%), taki…

Section 3090.70 Program Compliance Requirements and Grant Agreement a) Program Compliance Requirements 1) Any property acquired or developed through assistance from an RTP grant must be open to the general public during reasonable hours and reasonable days for the recreational us…

Section 3090.80 Sale or Transfer of Grant-Funded Property a) Real Property 1) If land purchased by grant funds is sold or transferred by operation of law, other than transfer due to the death of the grantee: A) within 5 years after receipt of grant funds, 100% of the grant fundin…

Section 3090.90 Program Information/Contact For information on the RTP, contact: Illinois Department of Natural Resources Division of Grant Administration One Natural Resources Way Springfield IL 62702-1271 Telephone: 217/782-7481 FAX: 217/782-9599 Email: DNR.grants@illinois.gov

Section 3700.10 Purpose a) The purpose of this Part is to protect the rights, safety and welfare of private and public landowners by the regulation of floodway development. Construction activities which restrict a stream's capacity to carry flood flows may result in channel insta…

Section 3700.100 Violations and Enforcement a) When the Department becomes aware of an unauthorized activity or permit violation, it will conduct an investigation to determine the facts regarding the activity or violation and will advise the responsible party what actions are req…

Section 3700.110 Final Administrative Decision The approval or denial of applications for permit under this Part shall be considered final administrative decisions and are subject to judicial review in accordance with Article III of the Code of Civil Procedure (Administrative Rev…

Section 3700.20 Definitions As used in this Part, the words and terms listed shall have the meanings ascribed to them as follows: "Bridge or Culvert Reconstruction" − The total replacement of an existing bridge or culvert, including substructure and superstructure, on the existin…

Section 3700.30 Jurisdiction a) Construction in the floodway of any stream serving a tributary area of 640 acres or more in an urban area, or in the floodway of any stream serving a tributary area of 6,400 acres or more in a rural area, is subject to this Part and requires a perm…

Section 3700.40 Permit Application a) An applicant requesting a permit under this Part shall file with the Department an application consisting of a properly executed application form, all plans and information required to determine the effect of the construction on the carrying …

Section 3700.45 Permit Application Fee a) If a permit is required for the activity proposed and is not already permitted by a Statewide Permit authorization (see Section 3700.80), permit applicants must pay a non-refundable permit application review fee. The fee will be determine…

Section 3700.50 Notice to Interested Parties When necessary or helpful to obtain information required for its evaluation, the Department will issue a notice of the application to potentially impacted parties allowing a period of 21 days for comment. This notice procedure will gen…

Section 3700.60 Departmental Standards a) Except as provided in Section 3700.70, construction that would result in an obstruction to flood flows or a reduction in flood storage capacity in a delineated floodway will not be permitted unless the application shows the criteria of su…

Section 3700.70 Special Provisions for Bridges and Culverts a) General Standards for New Bridges and Culverts Permits will be granted for new bridges and culverts that would not result in flood damages or potential flood damages outside the project right-of-way due to increases i…

Section 3700.75 Special Provisions for Levees and Floodwalls The flood discharge that would just overtop a levee or floodwall shall be used for the worst-case analysis (see Section 3700.20). (Source: Amended at 38 Ill. Reg. 934, effective December 27, 2013)

Section 3700.80 Statewide Permits The Department may, by issuance of a statewide permit, grant approval for specific types of activities that meet the standards defined in Section 3700.60 or 3700.70. Subsequent to the issuance of a statewide permit, no application or further auth…

Section 3700.85 General Permits The Department may, for the purpose of providing more expeditious processing of permit applications, issue general permits pertaining to specific types of activities, such as boat launching facilities, meeting conditions necessary to assure complia…

Section 3700.88 Permits Not Transferable Permits issued pursuant to this Part are not transferable. If the property rights for the grounds on which the project will be located are transferred before the authorized construction is completed, the new entity must apply for a permit …

Section 3700.90 Denial of Applications Applications not meeting the requirements of this Part will be denied. If an application for permit is denied, the Department will submit a letter, based on the administrative record, to the applicant explaining the reason(s) for denial. The…

Section 3702.10 Purpose a) The purpose of this Part is to provide information on the procedures that the Illinois Department of Natural Resources (Department), Office of Water Resources (OWR) will follow in its dam safety inspection and regulation program. This Part covers permit…

Section 3702.100 Permits Not Transferable Permits issued pursuant to this Part are not transferable. Upon transfer of ownership of a dam whether previously permitted or not, the new owner must immediately apply for a permit under his own name. The application for permit may incor…

Section 3702.110 Acceptance Of Other Agency Permits If an applicant demonstrates to OWR that he has met the requirements of another state or federal agency's permit for a new dam or major modifications to an existing dam, and that the other permit requirements are substantially e…

Section 3702.120 Use Of Joint Permit Forms OWR may enter into agreements with federal or state agencies having appropriate permit authority for construction of dams, to develop a single Application for Permit form to satisfy the requirements of each of the concerned agencies.

Section 3702.130 Permit Application a) Notice and Comment 1) Upon receipt of a complete application, OWR shall prepare and distribute a public notice of the application, allowing a period of twenty-one (21) days for the submission of comments. OWR may extend the comment period up…

Section 3702.140 Permit Approval a) The Department shall either approve or deny an application for permit within ninety (90) days of the receipt of the complete application (or one-hundred and fifty (150) days in the event a hearing is held) unless a longer time period is agreed …

Section 3702.150 Enforcement, Administrative Order, and Judicial Action Before requiring major modifications or breach of an existing dam, or engineering studies and surveys necessary to determine the proper design for any such remedial measures, OWR shall provide notice and oppo…

Section 3702.160 Dam Owner Non-Compliance a) OWR will review all instances of alleged non-compliance with this Part or conditions of a permit or order issued under this Part. OWR will provide the owner reasonable opportunity to submit all relevant information concerning the issue…

Section 3702.170 Permit, Enforcement, Dam Classification, Existing Dam Spillway Design Variation, and Non-Compliance Hearing Procedures Permit, enforcement, dam classification, existing dam spillway design variation and non-compliance hearings shall be held in accordance with the…

Section 3702.180 Assistance Concerning Non-Complying Dams OWR will cooperate with the Illinois Emergency Management Agency to provide assistance to local officials or property owners who may wish to institute appropriate emergency procedures for downstream areas threatened with d…

Section 3702.190 Emergency Procedures a) In the event a dam constitutes a serious threat to life or a threat of substantial property damage and is found to be in immediate danger of failure, OWR shall give the owner proper notice, providing the owner is known, is immediately avai…

Section 3702.20 Definitions "As-Built Plans" A set of plans marked to show all deviations from the permitted construction plans. "Construct" To erect, build, emplace, or remove a structure capable of storing or diverting water. "Corps Guidelines" The U.S. Army Corps of Engineers'…

Section 3702.200 Standard Permit Conditions a) Permits issued under this Part shall be subject to the following standard conditions: 1) This permit is granted in accordance with the Rivers, Lakes and Streams Act [615 ILCS 5]. 2) This permit does not convey title to the permittee …

Section 3702.30 Applicability a) Classification 1) Dams will be categorized in one of three classes, according to the degree of threat to life and property in the event of a dam failure. The three classes of dams are: A) Class I − Dams located where failure has a high probability…

Section 3702.35 Permit Application Fee a) If a permit is required for the activity, permit applicants must pay a non-refundable permit application review fee. The fee will be determined by the Department, and the applicant shall be notified of that determination immediately after…

Section 3702.40 Requirements for Approval of Permits for Construction of New Dams and Major Modifications of Existing Dams a) The following are OWR requirements which must be met in order to obtain a permit for construction of a new dam or major modification of an existing dam. A…

Section 3702.50 Requirements for Approval of Permits for Removal of Dams a) Dependent upon the size, height, reservoir impounding capacity, upstream and downstream channel conditions, existing reservoir sediment deposits, degree of hazard in case of failure, as well as any other …

Section 3702.60 Application for Permit to Construct New Dams or Make Major Modifications to Existing Dams – Contents Application for a permit shall be made on forms provided by OWR. Separate applications are required for each dam. The application shall include, as a minimum: a) C…

Section 3702.70 Application for Permit to Remove Dams – Contents Application for a permit to remove a dam shall be made on forms provided by OWR. Separate applications are required for each dam. The application shall include, as a minimum: a) Plans and documents, sealed, signed a…

Section 3702.80 Dam Breach Wave Advisories For certain Class I or Class II dams which, because of physical conditions or density or downstream land use, would be a threat to life and property if failure occurred, OWR may file a dam breach wave advisory with the appropriate county…

Section 3702.90 Datum For Dam Elevations All elevations for Class I and Class II dams shall be on the National Geodetic Vertical Datum (same as mean sea level (MSL) 1179 adj.). Where possible, Class III dams shall also be on the NGVD datum. (Datum means the level surface used for…

Section 3704.10 Purpose a) The purpose of this Part is to protect the public's interests, rights, safety and welfare in the State's public bodies of water. More specifically, construction will be regulated to prevent: 1) Obstruction to, or interference with, the navigability of a…

Section 3704.100 Emergency Permit The Department may issue an emergency permit after receipt of a properly executed application (including an explanation of why the work to be performed is of an emergency nature) if harm to life or loss of property is likely to occur if initiatio…