Interagency
Wetland Policy Act of 1989
APPENDIX
A: THE ILLINOIS INTERAGENCY WETLAND POLICY ACT OF 1989
CHAPTER 20.
EXECUTIVE BRANCH
DEPARTMENT OF NATURAL RESOURCES
ACT 830. INTERAGENCY WETLAND POLICY ACT OF 1989 (Complete Act)
Current through
P.A. 90-25, apv. 6/23/97
ARTICLE I.
GENERAL PROVISIONS
830/1-1.
Short Title
º 1-1. Short
Title. This Act shall be known and may be cited as the "Interagency
Wetland Policy Act of 1989".
(Source P.A.
86-157, Art. I, º 1-1, eff. Aug. 12, 1989. Formerly Ill.Rev.Stat.1991,
ch. 96 1/2 , º 9701-1.)
830/1-2.
Legislative declaration
º 1-2. Legislative
declaration. The General Assembly finds and determines that:
(a) In 1818,
Illinois contained an estimated 8.2 million acres of wetlands. Based
upon preliminary results of the Illinois portion of the National
Wetlands Inventory, less than nine percent of the original acres
remain.
(b) With the significant loss in acreage, a corresponding loss in
the functional values and benefits that wetlands provide has occurred.
(c) Continued loss of Illinois' wetlands may deprive the people
of this State of some or all of the benefits which they provide,
including:
(1) reducing flood
damages by absorbing, storing and conveying peak flows from storms;
(2) improving water quality by serving as sedimentation and filtering
basins and as natural biological treatment areas;
(3) providing breeding, nesting, forage and protective habitat for
approximately 40 percent of the State's threatened and endangered
plants and animals, in addition to other forms of fish, wildlife,
waterfowl and shorebirds;
(4) protecting underground water resources and helping to recharge
rivers, streams and local or regional underground water supplies;
(5) serving as recreational areas for hunting, fishing, boating, hiking,
bird watching, photography and other uses;
(6) providing open space and aesthetic values, particularly in rapidly
developing areas;
(7) providing unique educational and research opportunities because
of their high diversity of plants and animals, their support for a
high incidence of threatened and endangered species, and their function
as a natural buffer for rivers, lakes and streams;
(8) supplying nutrients in freshwater food cycles and serving as nursery
areas and sanctuaries for young fish; and
(9) helping to protect shorelines from the forces of water erosion.
(Source P.A. 86-157, Art. I, º 1-2, eff. Aug. 12, 1989. Formerly
Ill.Rev.Stat.1991, ch. 96 1/2 , º 9701-2.)
830/1-3.
Application
º 1-3. Application.
The General Assembly recognizes the environmental, economic and
social values of the State's remaining wetlands and directs that
State agencies shall preserve, enhance, and create wetlands where
possible and avoid adverse impacts to wetlands from:
(a) State and
State pass-through funded construction activities. This Act does
not apply to construction activities costing less than $10,000,
in which non-public contributions are at least 25 percent of the
total cost. This Act does not apply to cleanup of contaminated sites
authorized, funded or approved pursuant to:
(1) the federal
Comprehensive Environmental Response Compensation and Liability Act
of 1980 (P.L. 96-510), as amended; [42 U.S.C.A. º 9602]
(2) the leaking underground storage tank program, as established in
Subtitle I of the Hazardous and Solid Waste Amendments of 1984 (P.L.
98-616), as amended, [42 U.S.C.A. º 6901 et seq.] of the Resource
Conservation and Recovery Act of 1976 (P.L. 94-580); [42 U.S.C.A.
º 6901 et seq.]
(3) the State remedial action program established under Section 4
of the Environmental Protection Act, as amended, [415 ILCS 5/4] or
any other Section of this Act or regulations promulgated thereunder
which pertain to the above exempted federal cleanup programs.
This Act does not apply to projects receiving loan assistance provided
to local government units under the provisions of the Illinois Water
Pollution Control Revolving Fund, that are subject to review under
the National Environmental Policy Act of 1969 (NEPA) [42 U.S.C.A.
º 4321 et seq.] or the state equivalent, pursuant to rules governing
the Illinois Water Pollution Control Revolving Fund.
(b) State supported land management activities;
(c) State and State supported technical assistance programs; and
(d) Other State activities that result in adverse impacts to wetlands.
Educational materials produced with State support, shall be consistent
with the policies contained within this Act.
(Source P.A. 86-157, Art. I, º 1-3, eff. Aug. 12, 1989. Formerly
Ill.Rev.Stat.1991, ch. 96 1/2 , º 9701-3.)
830/1-4.
State goal
º 1-4. State
goal. It shall be the goal of the State that there be no overall
net loss of the State's existing wetland acres or their functional
value due to State supported activities. Further, State agencies
shall preserve, enhance and create wetlands where necessary in order
to increase the quality and quantity of the State's wetland resource
base.
(Source: P.A.
86-157, Art. I, º 1-4, eff. Aug. 12, 1989. Formerly Ill.Rev.Stat.1991,
ch. 96 1/2 , º 9701-4.)
830/1-5.
Goal implementation
º 1-5. Goal
implementation. The goal is implemented through a State Wetland
Mitigation Policy and the development of Agency Action Plans.
(Source: P.A.
86-157, Art. I, º 1-5, eff. Aug. 12, 1989. Formerly Ill.Rev.Stat.1991,
ch. 96 1/2 , º 9701-5.)
830/1-6.
Definitions
º 1-6. Definitions.
As used in this Act:
(a) "Wetland"
means land that has a predominance of hydric soils (soils which
are usually wet and where there is little or no free oxygen) and
that is inundated or saturated by surface or groundwater at a frequency
and duration sufficient to support, and that under normal circumstances
does support, a prevalence of hydrophytic vegetation (plants typically
found in wet habitats) typically adapted for life in saturated soil
conditions. Areas which are restored or created as the result of
mitigation or planned construction projects and which function as
a wetland are included within this definition even when all three
wetland parameters are not present.
(b) "Adverse wetland impacts" means any land management and construction
or related project activity which directly or indirectly reduces
the size of a wetland or impairs a wetland's functional value, as
described in subsection (c) of Section 1-2 of this Act, or the hydraulic
and hydrologic characteristics of a wetland.
(c) "Director" means the Director of Natural Resources.
(d) "Department" with reference to this Act means the Department
of Natural Resources.
(e) "Committee" means the Interagency Wetlands Committee created
by this Act.
(f) "Mitigation" includes avoiding, minimizing or compensating for
adverse wetland impacts. This includes:
(1) Avoiding the
impact altogether by not taking a certain action or parts of an action;
(2) Minimizing the impact by limiting the magnitude of the action;
and
(3) Compensating for the impact by replacing or providing substitute
wetland resources or environments.
(g) "Agency Action Plan" means a plan developed by an individual
agency to implement this Act.
(h) "Wetland Compensation Plan" means a plan developed for each
individual construction project that details how the responsible
agency will compensate for actions which will result in adverse
wetland impacts.
(i) "Conservation Organization" means an organization, legally established
under Illinois Law, for the purpose of managing and protecting natural
resources.
(j) "Necessary" means in a manner consistent with the intent of
this Act.
(Source: P.A. 86-157, Art. I, º 1-6, eff. Aug. 12, 1989. Amended by
P.A. 89-445, º 9A-13, eff. Feb. 7, 1996. Formerly Ill.Rev.Stat.1991,
ch. 96 1/2 , º 9701-6.)
ARTICLE II.
AGENCY COORDINATION
830/2-1.
Interagency Wetlands Committee
º 2-1. Interagency
Wetlands Committee. An Interagency Wetlands Committee, chaired by
the Director of Natural Resources or his representative, is established.
The Directors of the following agencies, or their representative,
shall serve as members of the Committee:
Capitol Development
Board,
Department of Agriculture,
Department of Commerce and Community Affairs,
Environmental Protection Agency,
Department of Transportation, and
Historic Preservation Agency.
The Interagency
Wetlands Committee shall also include 2 additional persons with relevant
expertise designated by the Director of Natural Resources.
The Interagency Wetlands Committee shall advise the Director in the
administration of this Act. This will include:
(a) Developing rules and regulations for the implementation and
administration of this Act.
(b) Establishing guidelines for developing individual Agency Action
Plans.
(c) Developing and adopting technical procedures for the consistent
identification, delineation and evaluation of existing wetlands
and quantification of their functional values and the evaluation
of wetland restoration or creation projects.
(d) Developing a research program for wetland function, restoration
and creation.
(e) Preparing reports, including:
(1) A biennial report to the Governor and the General Assembly on
the impact of State supported activities on wetlands.
(2) A comprehensive report on the status of the State's wetland resources,
including recommendations for additional programs by January 15, 1991.
(f) Development of educational materials to promote the protection
of wetlands.
(Source: P.A. 86-157, Art. II, º 2-1, eff. Aug. 12, 1989. Amended
by P.A. 89-445, º 9B-6, eff. Feb. 7, 1996. Formerly Ill.Rev.Stat.1991,
ch. 96 1/2 , º 9702-1.
830/2-2.
Agency Action Plans
º 2-2. Agency
Action Plans. Within one year following passage of this Act each
State agency serving on the Interagency Wetlands Committee shall
prepare an Agency Action Plan, which shall be used as the agency's
procedural plan for the implementation of this Act. Guidelines for
Agency Action Plans shall be developed by the Department and reviewed
by the Committee within 6 months of the effective date of this Act.
(a) Minimum
elements of each Agency Action Plan will include:
(1) Provisions
for both a consultation process with the Department and conflict resolution
process through the Governor's office;
(2) Procedures for the development of a Wetland Compensation Plan;
(3) Procedures to scientifically monitor the success of wetland restoration/creation
projects.
(4) Procedures to minimize the destruction of wetlands caused or encouraged
by State supported construction, land management, technical assistance,
educational and other activities;
(5) Procedures to increase the quantity and quality of wetlands as
a standard component of agency activities including incentives for
the creation of wetlands in the agency's regulation of activities
for which wetland compensation plans are not required by this Act;
(6) Procedures to coordinate the responsibilities contained within
this Act with other State programs;
(7) Procedures to ensure that historic and archaeological resources
will not be negatively impacted by this Act; and
(8) An acquisition policy related to implementation of this Act.
(b) Agency Action Plans may also include:
(1) procedures for the development and management of a Wetland Compensation
Account; and
(2) procedures to expedite the review of certain classes of projects.
(c) Agency Action Plans shall be submitted to the Governor and the
General Assembly after review and approval by the Department. (Source:
P.A. 86-157, Art. II, º 2-2, eff. Aug. 12, 1989. Formerly Ill.Rev.Stat.1991,
ch. 96 1/2 , º 9702-2.)
ARTICLE III.
STATE WETLAND MITIGATION POLICY
830/3-1.
State Wetland Mitigation Policy
º 3-1. State
Wetland Mitigation Policy. This Act implements the State Wetland
Mitigation Policy, which directs that each State agency shall preserve
wetlands as a priority of action when they develop construction
or land management plans. When an agency can establish that no other
feasible alternative exists and adverse wetland impacts are unavoidable,
adverse impacts are to be compensated for through the development
and implementation of a Department approved Wetland Compensation
Plan.
The policy
requires progressive levels of compensation based upon the level
of impact to the existing wetland and the location of compensation
wetlands. Priority shall be given to locating compensation wetlands
close to the wetland area impacted.
Proposed State
and State-supported construction activities which may impact wetlands
identified on the Illinois Natural Areas Inventory, under public
ownership or which provide habitat for State or federally threatened
or endangered species will continue to require direct consultation
with the Department and compliance with the Endangered Species Protection
Act of 1986. [520 ILCS 10/1 et seq.]
(Source: P.A.
86-157, Art. III, º 3-1, eff. Aug. 12, 1989. Formerly Ill.Rev.Stat.1991,
ch. 96 1/2 , º 9703-1.)
830/3-2.
Ownership and management
º 3-2. Ownership
and management. Wetlands, whether purchased, restored or created
as the result of this Act shall be protected through either easements
or fee simple transfer to either a public conservation agency or
private conservation organization which will protect and manage
the area.
(Source: P.A.
86-157, Art. III, º 3-2, eff. Aug. 12, 1989. Formerly Ill.Rev.Stat.1991,
ch. 96 1/2 , º 9703-2.)
830/3-3.
Wetland Compensation Account
º 3-3. Wetland
Compensation Account. Each State agency is hereby authorized to
establish a Wetland Compensation Account to reconcile debits and
credits established as the result of Wetland Compensation Plans.
Management
of a Wetland Compensation Account, if established, is the responsibility
of the individual State agency. The Department shall review each
agency's Compensation Account to confirm that all debits and credits
are accounted for and balanced.
(Source: P.A.
86-157, Art. III, º 3-3, eff. Aug. 12, 1989. Formerly Ill.Rev.Stat.1991,
ch. 96 1/2 , º 9703-3.)
830/3-4.
Impact evaluation
º 3-4. Impact
evaluation. For each project action involving a wetland, State agencies
shall follow a multi-step process to avoid and minimize adverse
wetland impacts as the preferred course of action. An agency must
document that no other feasible alternative exists before adverse
impacts are considered.
In order of
priority, these steps shall include:
(1) The avoidance
of adverse wetland impacts;
(2) Minimal alteration with compensation on the site of the proposed
project;
(3) Significant alteration with compensation on the site of the
proposed project;
(4) Wetland destruction with compensation on the site of the proposed
project;
(5) Wetland destruction with compensation off the site of the proposed
project but within the same drainage basin; and
(6) Wetland destruction with compensation both off the site of the
proposed project and out of the drainage basin.
(Source: P.A. 86-157,
Art. III, º 3-4, eff. Aug. 12, 1989. Formerly Ill.Rev.Stat.1991, ch.
96 1/2 , º 9703-4.)
830/3-5.
Value
º 3-5. Value.
Value shall include:
Value for each
compensation plan shall be established by the agency developing
the compensation plan in consultation with the Department.
(Source: P.A.
86-157, Art. III, º 3-5, eff. Aug. 12, 1989. Formerly Ill.Rev.Stat.1991,
ch. 96 1/2 , º 9703-5.)
830/3-6.
Compensation ratios
º 3-6. Compensation
ratios. Wetland Compensation Plans must adhere to a schedule of
increasing compensation ratios based upon the amount of adverse
wetland impact and the location of compensation projects.
(a) Compensation
ratios are required to:
(1) Ensure that
wetland systems are not destroyed without careful evaluation of other
alternatives; and
(2) Discourage destruction of wetland resources in rapidly developing
areas of Illinois and their replacement within other regions of the
State.
(b) Compensation ratios shall be established and shall be progressively
higher to reflect the priority actions identified in Section 3-4.
The lowest compensation ratio shall be for minimal alteration and
compensation on-site. The highest compensation ratio shall be for
destruction and compensation outside the impacted wetland's drainage
basin.
Progressively higher compensation ratios shall strongly encourage
agencies to avoid or minimize adverse wetland impacts and to compensate
on-site.
(c) Compensation may be accomplished through a combination of creation
of new wetlands, restoration of degraded wetlands, acquisition of
existing wetlands, or research. Compensation shall be accomplished
using the best available technology.
(d) The Department, through the Interagency Wetlands Committee,
shall review the compensation ratios to determine their adequacy
and appropriateness, and shall report the results of this review
in the biennial report required in Section 2-1.
(e) When adverse wetland impacts occur, the Wetland Compensation
Plan must include the creation of at least one-for-one replacement
of new wetlands of comparable functional type and size, before restoration,
acquisition or research alternatives are considered.
One provision of a Wetland Compensation Plan may include funding
for needed research on wetland functions, restoration or creation.
Credit for research funding requires approval of the Department
upon consultation of the Committee.
(Source: P.A. 86-157, Art. III, º 3-6, eff. Aug. 12, 1989. Formerly
Ill.Rev.Stat.1991, ch. 96 1/2 , º 9703-6.)
ARTICLE IV.
ADMINISTRATION
830/4-1.
Administration
º 4-1. Administration.
The Department shall administer this Act and shall formulate rules
and regulations necessary for its implementation.
(Source: P.A.
86-157, Art. IV, º 4-1, eff. Aug. 12, 1989. Formerly Ill.Rev.Stat.1991,
ch. 96 1/2 , º 9704-1.)
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