Chapter 615 — WATERWAYS

(615 ILCS 5/10) (from Ch. 19, par. 57) Sec. 10. The Department of Natural Resources shall investigate any and all complaints within the State that any person, company, association or corporation is attempting to assert any lawful rights or exclusive privileges or franchises with …

(615 ILCS 5/11) (from Ch. 19, par. 58) Sec. 11. The Department of Natural Resources shall obtain all possible data, surveys, charts, high and low water marks, and river gauges, and information with reference to the navigability of any of the public bodies of water of the State, a…

(615 ILCS 5/12) (from Ch. 19, par. 59) Sec. 12. The Department of Natural Resources shall procure and collect all obtainable data with reference to deep waterways within the State, and from time to time disseminate information with reference thereto, and take such action as will …

(615 ILCS 5/13) (from Ch. 19, par. 60) Sec. 13. The Department of Natural Resources shall make a careful investigation of every body of water, both river and lake, in the State, and ascertain to what extent, if at all, the same have been encroached upon by private interests or in…

(615 ILCS 5/14a) (from Ch. 19, par. 61a) Sec. 14a. It is the express intention of this legislation that close cooperation shall exist between the Pollution Control Board, the Environmental Protection Agency, and the Department of Natural Resources and that every resource of State…

(615 ILCS 5/15) (from Ch. 19, par. 62) Sec. 15. The Department of Natural Resources shall obtain and preserve all obtainable data with reference to the rivers and lakes of Illinois, and make its office a repository thereof, and all such records and data shall be public and availa…

(615 ILCS 5/16) (from Ch. 19, par. 63) Sec. 16. The Department of Natural Resources shall plan and devise methods, ways and means for the preservation and beautifying of the public bodies of water of the State, and for making the same more available for the use of the public, and…

(615 ILCS 5/17) (from Ch. 19, par. 64) Sec. 17. The Department of Natural Resources shall furnish at its actual cost to any person or persons who may be desirous of reclaiming, draining or cultivating any wash or overflowed lands in connection with any of the public waters of the…

(615 ILCS 5/18) (from Ch. 19, par. 65) Sec. 18. It is unlawful to make any fill or deposit of rock, earth, sand, or other material, or any refuse matter of any kind or description or build or commence the building of any wharf, pier, dolphin, boom, weir, breakwater, bulkhead, jet…

(615 ILCS 5/18a) (from Ch. 19, par. 65a) Sec. 18a. The Department of Natural Resources, upon the issuance of any permit under the provisions of Section 18 of this Act, shall have the right to enter into an agreement with any person, firm or corporation to whom a permit is issued,…

(615 ILCS 5/18b) (from Ch. 19, par. 65b) Sec. 18b. The Department of Natural Resources, may also, upon the issuance of any permit under the provisions of Section 18 of this Act, enter into an agreement with any person, firm or corporation to whom such a permit is issued by the te…

(615 ILCS 5/18c) (from Ch. 19, par. 65c) Sec. 18c. The Department of Natural Resources, may also, upon the issuance of a permit under the provisions of Section 18 of this Act, enter into an agreement with any person, firm, or corporation, by the terms of which agreement such pers…

(615 ILCS 5/18d) (from Ch. 19, par. 65d) Sec. 18d. No agreement permitting the right to take earth, stone, sand or gravel, or combination or combinations thereof, coal, gas, oil or other mineral or substance, shall be made which by its terms permits such a taking for a period of …

(615 ILCS 5/18e) (from Ch. 19, par. 65e) Sec. 18e. The Department of Natural Resources has the right to accept, on behalf of the State, any payments made in accordance with any agreement authorized by Sections 18a, 18b and 18c of this Act. Any such payments so received shall be p…

(615 ILCS 5/18f) (from Ch. 19, par. 65f) Sec. 18f. (a) The Department of Natural Resources shall define 100-year floodplains within the State of Illinois on a township by township basis and may issue permits for any construction within such 100-year floodplains on or after the ef…

(615 ILCS 5/18g) (from Ch. 19, par. 65g) Sec. 18g. (a) The Department of Natural Resources shall define the 100-year floodway within metropolitan counties located in the area served by the Northeastern Illinois Planning Commission, except for the part of that area which is within…

(615 ILCS 5/18h) Sec. 18h. Conflicts with Executive Order 2006-5. To the extent that Executive Order 2006-5 is inconsistent with the provisions of this amendatory Act of the 96th General Assembly, the provisions of this amendatory Act shall govern. (Source: P.A. 96-1395, eff. 7-2…

(615 ILCS 5/18i) Sec. 18i. Maintenance of eligibility to participate in the National Flood Insurance Program. Nothing in this amendatory Act of the 96th General Assembly shall be construed to diminish or conflict with the authority and the obligation of local governments to adopt…

(615 ILCS 5/18j) Sec. 18j. ESDA critical facility evacuation plans. Any critical facility that gives shelter to a person who would be unable to evacuate without assistance during a flooding event, and that is located in an area deemed by operation of law not to be within the 100-…

(615 ILCS 5/18k) Sec. 18k. National Flood Insurance Program State agency 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) de…

(615 ILCS 5/19) (from Ch. 19, par. 66) Sec. 19. It shall be the duty of the Department of Natural Resources to from time to time prepare and devise schemes, plans, ways and means for the reservation or acquisition by the State of desirable tracts of land in connection with the pu…

(615 ILCS 5/19.5) Sec. 19.5. Eminent domain. Notwithstanding any other provision of this Act, any power granted under this Act to acquire property by condemnation or eminent domain is subject to, and shall be exercised in accordance with, the Eminent Domain Act. (Source: P.A. 94-…

(615 ILCS 5/20) (from Ch. 19, par. 67) Sec. 20. The Department of Natural Resources shall obtain data and information as to the availability of the various streams of Illinois for water power, and preserve all such data, and report to the Governor and the general assembly such fa…

(615 ILCS 5/21) (from Ch. 19, par. 68) Sec. 21. The Department of Natural Resources shall make particular research into the natural resources of this State in connection with any of the public bodies of water of the State, and obtain, classify and preserve all data which may be p…

(615 ILCS 5/22) (from Ch. 19, par. 69) Sec. 22. The Department of Natural Resources shall obtain from time to time all possible data with reference to the navigability of the public waters of the State of Illinois and with reference to the cultivation and propagation of fish, and…

(615 ILCS 5/23) (from Ch. 19, par. 70) Sec. 23. It shall be the duty of the Department of Natural Resources to maintain stream gauge stations, and to make careful investigations of the streams of the State with reference to the carrying capacity of all such streams in times of fl…

(615 ILCS 5/23a) (from Ch. 19, par. 70a) Sec. 23a. The Department is authorized to carry out inspections of any dam within the State, and to establish standards and issue permits for the safe construction of new dams and the reconstruction, repair, operation and maintenance of al…

(615 ILCS 5/23b) Sec. 23b. Dams; signs and buoys. (a) The Department of Natural Resources shall establish specifications for signs and devices that provide warnings of the presence of dams for persons using the public waters of the State. The Department shall establish such speci…

(615 ILCS 5/24) (from Ch. 19, par. 71) Sec. 24. Title to the bed of Lake Michigan and all other meandered lakes in Illinois, set forth in the 1962 Report of the Department of Public Works and Buildings, Division of Waterways, entitled "Meandered Lakes in Illinois", with Map Appen…

(615 ILCS 5/25) (from Ch. 19, par. 72) Sec. 25. The Attorney General, any State's Attorney of any county or any attorney authorized by the Department of Natural Resources shall have the power to represent said Department, and in the name of the State of Illinois, invoke for the p…

(615 ILCS 5/26) (from Ch. 19, par. 73) Sec. 26. The Department of Natural Resources shall, for the purpose of protecting the rights and interests of the State of Illinois, or the citizens of the State of Illinois, have full and complete jurisdiction of every public body of water …

(615 ILCS 5/26a) (from Ch. 19, par. 74) Sec. 26a. The Department of Natural Resources may issue orders requiring all necessary remedial actions to correct violations of this Act and impose the civil penalties provided in this Section. All orders entered by the Department of Natur…

(615 ILCS 5/26b) (from Ch. 19, par. 75) Sec. 26b. The Department of Natural Resources may make such investigations and conduct such hearings as may be necessary to the performance of its duties under this Act. In making any investigation or conducting any hearing the Department m…

(615 ILCS 5/26c) (from Ch. 19, par. 75a) Sec. 26c. All final administrative decisions of the Department of Natural Resources hereunder shall be subject to judicial review pursuant to the provisions of the Administrative Review Law, and all amendments and modifications thereof, an…

(615 ILCS 5/27) (from Ch. 19, par. 76) Sec. 27. At all times this act shall be construed in a liberal manner for the purpose of preserving to the State of Illinois and the people of the State, fully and unimpaired, the rights which the State of Illinois and the people of the Stat…

(615 ILCS 5/29) (from Ch. 19, par. 77) Sec. 29. No provision of this Act shall be construed as limiting or impairing the powers and rights heretofore granted to any board of park commissioners, now existing, where such board of park commissioners have control of a park or parks w…

(615 ILCS 5/29a) (from Ch. 19, par. 78) Sec. 29a. Construction permits; maintenance and repairs; clear cutting. (a) After July 1, 1985, no person, State agency, or unit of local government shall undertake construction in a public body of water or in a stream without a permit from…

(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 administer this Act. The Department may adopt emergency rules in accordance with Sections 5-45 and 5-45.55 of the Illinois A…

(615 ILCS 5/35) Sec. 35. Permit fees. The Department of Natural Resources shall collect a fee of up to $5,000 per application for permits issued under this Act. The Department of Natural Resources shall set the specific fee applicable to different permits issued under this Act by…

(615 ILCS 5/4.9) (from Ch. 19, par. 51.9) Sec. 4.9. Short title. This Act may be cited as the Rivers, Lakes, and Streams Act. (Source: P.A. 86-1324.)

(615 ILCS 5/5) (from Ch. 19, par. 52) Sec. 5. The Department of Natural Resources shall upon behalf of the State of Illinois, have jurisdiction and supervision over all of the rivers and lakes of the State of Illinois, wherein the State of Illinois or the people of the State have…

(615 ILCS 5/6) (from Ch. 19, par. 53) Sec. 6. The Department of Natural Resources shall obtain all possible data with reference to all of the waters of the State of Illinois, including original surveys, meander notes, maps, plats, river gauges, high and low water marks, and all a…

(615 ILCS 5/7) (from Ch. 19, par. 54) Sec. 7. It shall be the duty of the Department of Natural Resources to have a general supervision of every body of water within the State of Illinois, wherein the State or the people of the State have any rights or interests, whether the same…

(615 ILCS 5/8) (from Ch. 19, par. 55) Sec. 8. The Department of Natural Resources shall receive from any citizen complaints as to any invasion of or encroachment upon any rights of the State, or of any citizen of the State, with reference to any of the public bodies of water of t…

(615 ILCS 5/9) (from Ch. 19, par. 56) Sec. 9. The Department of Natural Resources shall carefully investigate any and all complaints that may be made that any person, company or corporation is attempting to interfere with the free and unobstructed navigation of any of the public …

(615 ILCS 10/0.01) (from Ch. 19, par. 78.9) Sec. 0.01. Short title. This Act may be cited as the Illinois Waterway Act. (Source: P.A. 86-1324.)

(615 ILCS 10/1) (from Ch. 19, par. 79) Sec. 1. A deep waterway shall be constructed from the water power plant of the Sanitary District of Chicago, at or near Lockport, in the township of Lockport, in the County of Will, to a point in the Illinois River at or near Utica. Such wat…

(615 ILCS 10/18) (from Ch. 19, par. 96) Sec. 18. In the construction of such waterway through the City of Joliet, the elevation of the water surface at normal stage shall not be higher at Granite Street than minus 40.5 Chicago city datum, and in the event that the shoal reach bet…

(615 ILCS 10/28) (from Ch. 19, par. 106) Sec. 28. If any section, subdivision, sentence or clause in this Act shall be held to be invalid, the invalidity thereof shall not affect the remaining parts of this Act. (Source: Laws 1919, p. 977.)

(615 ILCS 10/5) (from Ch. 19, par. 83) Sec. 5. The terms used in this Act shall be construed as follows: (a) The term "waterway" shall refer to "The Illinois Waterway;" (b) The term "appurtenances" when used with reference to or in connection with the term "The Illinois Waterway"…