Illinois Administrative Code

Section 3704.110 Statewide and Regional Permits The Department may, by issuance of a statewide or regional permit, grant approval for specific types of activities that would not cause the impacts listed in Section 3704.80. Subsequent to the issuance of a statewide or regional per…

Section 3704.120 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 such conditions as necessary to assur…

Section 3704.125 Permits Not Transferrable Permits issued pursuant to this Part are not transferrable. 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 perm…

Section 3704.130 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. Th…

Section 3704.140 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 3704.150 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 3704.20 Definitions As used in this Part, the words and terms listed shall have the meanings ascribed to them as follows: "Barge Fleeting Area" A facility, at a fixed site, which is used to provide barge mooring services [615 ILCS 5/18]. "Construction" − The placement, er…

Section 3704.30 Jurisdiction a) Construction in any public body of water is subject to this Part and requires a permit from the Department. b) Any activity on a public body of water that could result in a restriction of the access to, or use or enjoyment of, the water, such as th…

Section 3704.40 List of Public Waters and Provision For Additions The public waters of the State are listed in Section 3704.Appendix A. When the Department obtains information sufficient to determine that a body of water is a public water, that body of water will be added to the …

Section 3704.50 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 public bo…

Section 3704.55 Permit Application Fee a) If permit is required for the activity proposed and is not already permitted by a Statewide Permit authorization (see Section 3704.110), permit applicants must pay a non-refundable permit application review fee. The fee will be determined…

Section 3704.60 Notice to Interested Parties Upon receipt of an application the Department will, unless the activity is covered by a Statewide, Regional or General Permit (see Sections 3704.110 and 3704.120 of this Part), issue a notice of the application, allowing a period of at…

Section 3704.70 Land Conversions and Fill Material Placement a) Land Conversions The conversion of public waters to private land by filling is prohibited. b) Fill Material Placement Fill material may be placed in public waters only for the following purposes: 1) Bank, shore or bl…

Section 3704.80 Department Evaluation a) Upon receipt of an application the Department will make an evaluation, based on the type and magnitude of the activity and on the existing conditions of the body of water in the locality of the activity, of the potential of the activity to…

Section 3704.90 Departmental Standards a) No activity which would result in an obstruction to, or interference with, the navigability of any public body of water will be permitted. b) No activity which would result in bank or shoreline instability on other properties will be perm…

Section 3704.APPENDIX A Public Bodies of Water a) The following public bodies of water were navigable in their natural condition or were improved for navigation and opened to public use. The entire length and surface area in Illinois, including all backwater lakes and sloughs ope…

Section 3708.10 Purpose The purpose of this Part is to provide rules governing construction and filling in the regulatory floodway of rivers, lakes and streams of Cook, DuPage, Kane, Lake, McHenry and Will Counties, excluding the City of Chicago so that periodic inundation will n…

Section 3708.100 Violations a) All construction undertaken in a regulatory floodway without a permit, or contrary to a permit issued in accordance with this Part, shall be unlawful and the Department or any affected municipality or county will proceed to obtain injunctive relief …

Section 3708.110 Permit Application Applicants for permits shall submit the following information and materials. For projects involving construction at more than one location, separate permit applications shall be submitted for each location. a) Application Form 1) Applications f…

Section 3708.115 Permit Application Fee a) If a permit is required for the activity proposed and is not already permitted by a Regional Permit or Statewide Permit authorization (see Section 3708.170), permit applicants must pay a non-refundable permit application review fee. The …

Section 3708.120 Public Notice a) The Department will issue public notices for proposed regulatory floodway map revisions and projects in public waters. b) The notice will allow a period of at least twenty-one days for the submission of comments. The notice will contain a descrip…

Section 3708.130 Public Hearings The Department will hold a public hearing to solicit information regarding a proposed regulatory floodway map change when the Department deems a public hearing to be the most timely means of receiving the information required to make a decision. P…

Section 3708.140 Time to Permit Issuance; Emergency Authorizations; Duration; Revisions a) If permit authority has not been delegated to a municipality or county, the Department, pursuant to Sections 3708.70 and 3708.110, will either grant approval or approval with conditions or …

Section 3708.150 Permit Conditions a) Permits issued under this Part will contain 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 or recognize tit…

Section 3708.160 General Permits The Department will, for the purpose of providing more expeditious processing of permit applications, issue general permits pertaining to specific types of activities, such as minor bank stabilization projects and utility crossings, meeting such c…

Section 3708.170 Regional Permits and Statewide Permits The Department will, by issuance of a regional permit or statewide permit, grant approval for specific types of activities that do not singularly or cumulatively increase flood stage or flood velocities. Subsequent to the is…

Section 3708.175 Permits Not Transferrable Permits issued pursuant to this Part are not transferrable. 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 perm…

Section 3708.180 Final Administrative Decisions 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 the Administrative Review Law [735 ILCS 5/Art. III]. (Source:…

Section 3708.190 Effective Date Applications for permits received subsequent to the effective date of this Part will be reviewed pursuant to the provisions of this Part.

Section 3708.20 Definitions Unless specifically defined in this Section, words and phrases used in this Part shall be interpreted so as to give them the meaning they have in common usage. "Act" − The Rivers, Lakes and Streams Act [615 ILCS 5]. "Application" − An application for a…

Section 3708.30 Jurisdiction a) Activities Requiring a Permit Under This Part The following activities are subject to this Part and require a permit from the Department: New construction within the regulatory floodways in Cook, Dupage, Kane, Lake, McHenry and Will Counties, excep…

Section 3708.40 General Provisions a) It is not the intention of this Part to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. Where this Part imposes more stringent restrictions than existing easements, convenants, or deed restrictions, the pr…

Section 3708.50 Regulatory Floodway Maps The Department will compile and keep a list of all regulatory floodway maps it has designated. The list will indicate the source and date of each designated map. Each municipality and county will be given a list of designated regulatory fl…

Section 3708.60 Delineation of the Regulatory Floodway a) The regulatory floodway is defined based on a flood event that has a one percent annual chance of exceedence or an expected 100-year recurrence interval. The Department encourages, but does not require, that the 100-year f…

Section 3708.70 Permitting Appropriate Uses of the Regulatory Floodway a) The Department will issue permits for appropriate uses of the regulatory floodway of which periodic inundation will not pose a danger to the general health and welfare of the user or require the expenditure…

Section 3708.80 Changes to the Regulatory Floodway a) The 100-year frequency flood profile and regulatory floodway shall not be changed by the Department unless one of the following has occurred: 1) The original regulatory floodway delineation is shown by the applicant's engineer…

Section 3708.90 Delegation to Municipalities and Counties a) No unit of local government, including home rule units, may issue a building permit or other apparent authorization for any prohibited new construction within the regulatory floodway (Section 18g of the Act). b) The Dep…

Section 3710.10 Purpose This Part is adopted to meet the requirements of 615 ILCS 5/18(k) of the Rivers, Lakes and Streams Act and to comply with the rules and regulations of the Federal Emergency Management Agency's National Flood Insurance Program codified as 44 CFR 59 to 60, a…

Section 3710.15 Definitions For the purposes of this Part, the following definitions are adopted: "Accessory Structure" means a non-habitable building, used only for parking of vehicles or storage, that is on the same parcel of property as the principal building, and which is inc…

Section 3710.20 Development Standards All State development activity must first comply with and obtain required permits pursuant to 17 Ill. Adm. Code 3700, 3704, and 3708. After compliance with 17 Ill. Adm. Code 3700, 3704, and 3708, all development activity located in a floodpla…

Section 3710.25 Application Special Flood Hazard Area Development Permit. All activity requiring a permit pursuant to this Part shall file an application with the Department as required in this Section. a) All permit applications shall be on forms provided by the Department. b) T…

Section 3710.30 Requirements to Obtain and Contents of a Development Permit a) No State agency shall commence any development in a floodplain without first obtaining a permit from the Department and shall follow all requirements and standards as specified in the issued permit for…

Section 3710.35 Variances a) Whenever the standards of this Part place undue hardship on a specific development proposal, the applicant may apply to the Department for a variance, of this Part. b) No variances shall be granted within a floodway if any increases in the base flood …

Section 3710.40 Reports and Certification a) Certification and As-Built Documentation. The applicant is required to submit certification by a licensed professional engineer or registered land surveyor that the finished fill and building elevations were accomplished in compliance …

Section 3710.45 Suspension of Permit a) The Department shall suspend a permit and no further construction or development may continue if any of the following occurs: 1) Any requirements of this Part have been violated or any development is not in compliance with all standards, la…

Section 3720.10 Authority and Clearances The Department of Natural Resources, acting under authority conferred upon it by the Rivers, Lakes and Streams Act [615 ILCS 5], does hereby declare and order, pursuant to an investigation and hearing concerning the adequacy of horizontal …

Section 3720.20 Permit Application Fees Permit applications reviewed under this Part are subject to the permit application review fees required in 17 Ill. Adm. Code 3704.55. (Source: Added at 38 Ill. Reg. 1001, effective December 27, 2013)

Section 4005.10 Notice of Proposed Action a) Before the Commission takes an action pertaining to one or more specific areas that, under the Illinois Natural Areas Preservation Act, requires public notice and the opportunity for any person to be heard at a public meeting or to req…

Section 4005.20 Public Meeting a) If, within 45 days after publication of the notice of proposed action, any person with a demonstrable economic or other direct interest requests in writing to the Commission that it hold a public meeting on the proposed action, the Commission sha…

Section 4005.30 Public Comment Written comments may be submitted to the Commission 45 days after publication of the notice of proposed action or prior to the public meeting. Any interested person or his/her representative may speak at the public meeting.