Generally,
the Division issues an individual formal permit to the applicant
to demonstrate compliance with the rules. In some cases, the Division
has issued statewide, regional and general permits to reduce paperwork
for the applicant. The statewide and regional permits describe
a general project type and set limits on the scope of the work.
If the proposed work meets all the specified limits, the project
is approved under the statewide or regional permit. FOR PROJECTS
COVERED BY A STATEWIDE OR REGIONAL PERMIT, YOU DO NOT NEED TO
SUBMIT A PERMIT APPLICATION. General permits similarly cover a specific
type of project and are limited in scope. For projects covered
by a general permit an application submittal is still required.
The Division has four regulatory programs: Floodway/Floodplain Management, Public Water
Management, Dam Safety and Lake Michigan Management. Seven sets of rules have been adopted
to administer these programs. The rules are referenced by their administrative code section
numbers. You can check the status of a
permit application.
Resource Management Questions
Email
Floodway/Floodplain Management
Part 3700 - Construction in Floodways of Rivers, Lakes and Streams
Download *.pdf version
The Division regulates construction projects that may impact the flood carrying
capacity of the rivers, lakes and streams. These rules affect all streams and lakes except
those in northeastern Illinois regulated under Part 3708. All construction activities
in the floodways of streams in urban areas where
the stream drainage area is one square mile or more or in rural areas where the stream drainage
area is ten square miles or more must be permitted by the Division prior to construction.
The floodway is the channel and the adjacent portion of the floodplain that is needed to
safely convey and store flood waters. Floodways have been delineated for many of these
streams and appear on the Federal Emergency Management Agency's Flood Insurance Rate Maps.
Those maps are available for viewing at the local building and / or zoning offices and
FEMA's Map Service Center website .
If a floodway has not been previously delineated, the Division generally requires permits
for work anywhere in the floodplain. A number of common minor construction activities
regulated under the Part 3700 rules are automatically authorized by
statewide permits (click here) .
A permit application submittal to the Division is not needed for a construction activity
that meets the terms and conditions of a statewide permit.
Part 3706 - Regulation of Construction within Floodplains
Download *.pdf version
The Part 3706 rules now apply to just the lower Rock River below the mouth of the Green
River in Rock Island and Henry Counties. Even in that area, the Part 3706 rules have
effectively been superseded. The permit requirements for the lower Rock River are the
same as for other downstate public water streams (see Parts 3700 and 3704).
Part 3708 - Floodway Construction in Northeastern Illinois
Download *.pdf version
These rules are applicable in identified floodways in Cook (excluding City of Chicago),
DuPage, Kane, Lake, McHenry and Will Counties. The identified floodways are referred
to as designated floodways and are depicted on the community's Flood Insurance Rate Map.
A permit is required for construction activities within the floodway of streams draining
one square mile or greater in an urban area or ten square miles or greater in a rural
area. To be
eligible for a permit, the construction activity must be an appropriate use as listed
in the rules. A permit cannot be issued for a construction activity that is not an
appropriate use. In general, the applicant must demonstrate that the appropriate use
will not reduce floodway conveyance or storage, and will not increase velocities and
flood heights. These rules also include requirements for revising the designated
floodway boundary and / or flood profiles. Some minor construction activities regulated
under the Part 3708 rules are automatically authorized by Regional Permit No. 3
(click here) .
Finally, these rules provide for the delegation of the permit review to qualified local
units of government. A permit application submittal to the Division is not needed for
a construction activity that meets the terms and conditions of Regional Permit No. 3 or
can be permitted by a delegated community.
Public Water Management
Guidelines
for the Submittal of Applications for Permits for Shore Protection Projects in Lake Michigan
Part 3704 - Regulation of Public Waters
Download *.pdf version
The Division issues permits for construction and other activities in the public waters of the state.
The public waters may generally be described as the commercially navigable lakes
and streams of the state and the backwater areas of those streams. A list of public
waters is included in Appendix A of the rules. There are certain public rights in the
public waters that are reserved for the citizen's of the state. The Division reviews
proposed activities in public waters to ensure that the public's rights are not
diminished by the activity. Activities that require review are not limited to
construction. A permit is issued to demonstrate that the activity does not diminish
the public's rights. A construction project in public waters will require review
under the Part 3700, 3702 or 3708 rules as well as the Part 3704 rules. A number of
common minor construction activities regulated under the Part 3704 rules are
automatically authorized by statewide permits
(click here)
or by Regional Permit No. 3
(click here) .
A permit application submittal to the Division is not needed for a construction
activity that meets the terms and conditions of one or more of these permits.
To download our "Guidelines for the Submittal of Applications for Permits for
Projects in Public Waters" publication,
click here (41K PDF)
Part 3720 - Rules Establishing Horizontal and Vertical Clearances for Bridges Over
the Fox River
Download *.pdf version
These rules establish minimum horizontal and vertical clearances for bridges over the
Fox River from Algonquin to Illinois Route 173. The minimum horizontal clearance is
100 feet and the minimum vertical clearance is 15 feet above the normal pool.
Any person or entity proposing to construct a bridge in that reach will be required
to meet the applicable provisions of the Part 3704 and either 3700 or 3708 as well
as the Part 3720 rules.
Dam Safety
Part 3702 - Construction, Operation and Maintenance of Dams
Download *.pdf version
The Division issues permits for the construction, operation and maintenance of
new dams and the modification, operation and maintenance of existing dams.
Dams are classified by the Division based on hazard potential. There are three
hazard classifications. All dams in the two higher classifications are required
to have a permit under these rules. Dams in the lower hazard classification
require a permit for construction or modification if they meet certain size criteria.
Dams in the lower classification may qualify for authorization under
General Permit 98-01 or
General Permit 02-01.
Permits are also required for
removing dams and transferring ownership of dams. Anyone proposing to construct
a new dam is encouraged to submit a
preliminary design report
to the Division for a provisional hazard classification.
To download our "Procedural Guidelines for Preparation of Technical Data to be
Included in Applications for Permits for Construction and Maintenance of Dams"
publication,
click here for PDF.
To download our "Guidelines and Forms for Inspection of Illinois Dams" publication,
PDF file.
The inspection form is available in spreadsheet form.
right Click here to save the Excel File .
Lake Michigan Management
Part 3730 - Allocation of Water from Lake Michigan
Download *.pdf version
The Division also allocates water from Lake Michigan. This allocation is handled
in accordance with Part 3730. Allocations are made through a hearing and order
procedure. Entities receiving an allocation of Lake Michigan water receive an
allocation permit.
To read more about Lake Michigan water allocation,
click here or here.
Lake Michigan Water Allocations
Permit Application Form and Instructions
Permit Programs of the 
