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PERMIT REQUIREMENTS FOR THE STATE OF ILLINOIS
JOINT APPLICATION PROCESS
Construction projects in Illinois waterways, floodplains and wetlands
often require both State and Federal authorization. This application
packet is designed to simplify the approval process for the applicant
seeking project authorizations from the U.S. Army Corps of Engineers
(USCOE), The Illinois Department of Natural Resources, Office of Water
Resources (IDNR/OWR) and the Illinois Environmental Protection Agency
(IEPA). Please refer to the Regulatory Jurisdictional Boundaries map for
agency addresses and telephone numbers. Each of these agency's authorities
and requirements are briefly explained in the following paragraphs.
Application forms are available from any of the listed agencies.
Anyone proposing to construct, operate or maintain any dam, dock, pier,
wharf, sluice, levee, dike building, utility crossing, piling, wall,
fence or other structure in, or dredge, fill or otherwise alter the
bed or banks of any stream, lake, wetland, floodplain or floodway
subject to State or Federal regulatory jurisdiction should apply for
agency approvals. The appropriate copy of the joint application form,
drawing, and copy of any additional support information should be sent
to each of the regulatory agencies. Approvals may be required by any
or all of the agencies. Applications filed simultaneously with USCOE,
IDNR/OWR, and IEPA will be processed concurrently, in an independent
manner, and should result in expedited receipt of all agency determinations.
If a permit is not required by one or more of the agencies they will inform
the applicant and other agencies.
Coordination with the regulatory and other review agencies is recommended
as early as possible during the project planning stage. This allows
revisions or other measures necessary to meet agency requirements to be
make before project plans are finalized.
AGENCY AUTHORITIES AND REQUIREMENTS
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1. The basis for the U.S. Army Corps of Engineers regulatory function over
public waterways was formed in 1899 when Congress passed the Rivers and
Harbors Act of 3 March 1899. Until 1968, the Rivers and Harbors Act of
1899 was administered to protect only navigation and the navigable capacity
of this nation's waters. In 1968, in response to a growing national concern
for environmental values, the policy for review of permit applications with
respect to Sections 9 and 10 of the Rivers and Harbors Act was revised to
include additional factors (fish and wildlife, conservation, pollution,
aesthetics, ecology, and general welfare) besides navigation. This new
type of review was identified as a "public interest review."
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The Corps of Engineers regulatory function was expanded when Congress
passed the Federal Water Pollution Control Act Amendments of 1972 and
then the Clean Water Act Amendments in 1977. The purpose of the Clean
Water Act was to restore and maintain the chemical physical, and biological
integrity of this nation's waters. The "waters of the United States"
regulated by the Corps of Engineers under Section 404 of the Clean Water
Act includes most wetland areas.
The Corps of Engineers is responsible for determining the jurisdictional
limits of wetlands and other Waters of the United States. Applicants may,
however, elect to have a qualified representative conduct the appropriate
preliminary wetland delineation for submittal with the permit application.
All such determinations are subject to verification and confirmation by the
Corps of Engineers. Although applicants are not required to provide a wetland
delineation, these can assist in reducing delays associated with normal
permit processing. Contact the appropriate Corps District office for
additional information.
With your help Illinois Waters can be protected for future generations.
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2. The Illinois Department of Natural Resources, Office of Water Resources,
regulatory authority is the Rivers, Lakes and Streams Act (615 ILCS5 5).
Under this authority, permits are required for dams, for any construction
within a public body of water, and for construction within floodways.
Generally, floodway projects also require local authorization. In addition,
map revision approvals may be required by IDNR/OWR and by the Federal
Emergency Management Agency (FEMA) for major projects. Information and
specific project requirements may be obtained as follows:
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For Lake Michigan - All projects in or along Lake Michigan are subject to
the Regulation of Public Waters rules (17 Illinois Administrative Code, Part 3704).
Joint permits are required for any work in Lake Michigan from IDNR/OWR and IEPA.
Contact the Lake Michigan Management Section, Illinois Department of Natural
Resources, Office of Water Resources, 160 N. LaSalle St - Suite S-700, Chicago,
Illinois 60601, (312) 793-3123, or on the
web
For Cook, Lake, McHenry, DuPage, Kane and Will Counties - All projects within
designated floodways are subject to the Floodway Construction Rules (17 Illinois
Administrative Code, Part 3708). Dams are subject to the Rules for Construction
and Maintenance of Dams (17 Illinois Administrative Code, Part 3702). All
projects in public waters are subject to the Regulation of Public Waters rules
(17 Illinois Administrative Code, Part 3704). All other floodway construction
projects are subject to the Construction in Floodways of Rivers, Lakes and
Streams rules (17 Illinois Administrative Code, Part 3700). Contact the
Northeastern Illinois Regulatory Programs Section, Illinois Department of
Natural Resources, Office of Water Resources, Region II Office, 2050 West
Stearns Road, Bartlett, Illinois 60103, (847) 648-3100 ext 2025 or on the web
www.dnr.state.il.us/owr/resmanpermitprogs.htm .
For the remainder of the State - Dams are subject to the Rules for Construction
and Maintenance of Dams (17 Illinois Administrative Code, Part 3702). All projects
in public waters are subject to the Regulation of Public Waters rules (17
Illinois Administrative Code, Part 3704). All other floodway construction
projects are subject to the Construction in Floodways of Rivers, Lakes and
Streams rules (17 Illinois Administrative Code, Part 3700). Contact the
Downstate Regulatory Programs Section, Illinois Department of Natural Resources,
Office of Water Resources, One Natural Resources Way, Springfield, IL 62702-1271,
(217) 782-3863, or on the web www.dnr.state.il.us/owr/resmanpermitprogs.htm .
The Illinois Department of Natural Resources is also responsible under Illinois
statutes for conserving and preserving the State's natural resources.
Under the provisions of the Fish and Wildlife Coordination Act (16 U.S.C. 661-664)
the Department is given permit review responsibilities relative to Corps of
Engineers permit applications.
The Department also administers the Interagency Wetland Policy Act of 1989 which
is applicable to State agency actions and the Illinois Endangered Species
Protection Act which is applicable to state agencies and local
governments. Consultation with the Department under these Acts may be necessary
in addition to the permit requirements listed above.
Questions pertaining to these aspects of the Department's role should be addressed
to the Illinois Department of Natural Resources, Office of Realty and Environmental
Planning, Division of Natural Ecosystems and Environment, One Natural Resources Way,
Springfield, IL 62702-1271, (217) 785-5500 or on the web at
www.dnr.state.il.us/orep/ .
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3. The Illinois Environmental Protection Agency provides water quality certification
pursuant to Section 401 of the Clean Water Act. This certification is mandatory for
all projects requiring a Section 404 permit. In addition to determining that the
proposed work will not violate the applicable water quality standards, the IEPA also
makes a determination of additional permit requirements pursuant to the Illinois
Pollution Control Board Rules and Regulations. Additional permits may be required
for activities such as construction of sanitary sewers, water mains, sewage and
water treatment plants, landfill and mining activities, special waste hauling and
disposal (of dredged material). Separate applications are necessary for these other
permits. For projects in Lake Michigan, a joint permit is required from the IEPA and
IDNR/OWR in addition to the Section 401 certification and 404 permit.
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The review by the Illinois EPA may include an antidegradation assessment when there
is an increase in pollutant loading to a water body. The antidegradation assessment
must include the following:
- Consideration of the fate and effects of parameters that are proposed to increase
the pollutant loading;
- Assurance that water quality standards will not be exceeded
by the proposed activity;
- Assurance that all existing water uses are protected;
- Assurance that all technically and economically reasonable measures are proposed
to avoid or minimize the pollutant loading;
- Assurance that the activity that increases the pollutant loading benefits the
community at large.
When an antidegradation assessment is necessary, the following information may be
required from the applicant to complete the antidegradation review:
- Identification and characterization (e.g., the current physical, biological and
chemical conditions) of the water body affected by the proposed project and the
water body’s existing uses;
- The quantity of the pollutant load increase to the water body;
- The potential impacts of the proposed project on the water body;
- The purpose and anticipated benefits of the proposed project;
- An assessment of the alternatives to the proposed project that will result in a
reduced pollutant load to the water body, no load increase or minimal environmental
degradation. Alternatives that result in no discharge to the water body and changes
in the location of the activity must be addressed in the submittal;
- Proof that a copy of the application was provided to the Illinois Department of
Natural Resources.
Contact the Illinois EPA, Bureau of Water, Watershed Management
Section, 1021 North Grand Avenue East,P.O. Box 19276, Springfield, Illinois 62794-9276,
(217) 782-3362, or on the web at www.epa.state.il.us.
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4. If the project involves the construction of a power plant, utility pipelines,
electric transmission of distribution lines, Illinois Commerce Commission approval
may be required.
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5. Also, depending on the location and type of work to be performed, there may be
additional local government approvals required.
INSTRUCTIONS
General
It is very important that you provide a complete and accurate application (form,
drawings, and support information) concerning your project. If the application is
incomplete or unacceptable, it will be returned. This usually results in delaying the
evaluation of your application.
Submit one copy of the application (form, drawings,
and support information) to each regulatory agency (Corps of Engineers, Illinois
Environmental Protection Agency (IEPA), and Illinois Department of Natural
Resources/Office of Water Resources (IDNR/OWR). For addresses see the jurisdictional
boundary map.
Application
Item 4 – APPLICANT. List the name, mailing address, and telephone number
of each applicant. The applicant shall be the person(s), firm(s), corporation(s), etc.
who have or will have the responsibility for the property on which the project will be
located by reason of ownership, easement, or other agreement. If the property is not
presently owned by the applicant, attach an explanation of any easements or
rights-of-way, which have been or will be obtained or how such land will be acquired.
If a project is being proposed by a lessee, the lessee and the lessor should be joint
applicants. In some instances, agency staff may request additional information on all
parties having a legal or equitable interest in the involved land.
Item 5 – AUTHORIZED AGENT. If the applicant designates an authorized agent for the
purpose of obtaining the permits, list the name, address, and phone number of the
authorized agent. During the permit process, correspondence, such as requests for
additional information, will generally be sent to the authorized agent.
Item 6 – PROJECT DESCRIPTION AND REMARKS. The applicant must provide a complete
description of the activity, the drainage area of the watershed to the downstream
limit of the project, the purpose, and the intended use. For any major activity,
additional support information should be provided by attaching sheets to the
application.
DREDGING AND FILL ACTIVITIES. Describe the location, type, composition, and quantity
of material to be dredged/filled, method of dredging/filling, and method of
transportation to disposal/fill site. Also, describe the disposal/fill site by
including the location, quantity of material it will hold, composition of receiving
soil, and method of containment. Provide the Illinois Environmental Protection Agency
with material analysis data as required.
Identify any practical alternatives, which
would fulfill the objectives of the proposed project. You should consider alternative
methods and locations and explain why the final proposal was selected. Discussion
should also consider partial solutions and the alternative of “no action.” This
analysis is required so that the final project recommendation is not contrary to the
public interest.
Item 13 – APPLICANT VERIFICATION. The application must be signed by the applicant; however:
The application may be signed by a duly authorized agent (name in Item 5) if this
form is accompanied by a statement by the applicant(s) designating the agent and
agreeing to furnish, upon request, supplemental information in support of the application;
If the applicant is a corporation, the president or other authorized officer shall
sign the application form;
If the applicant is a county, city, or other political subdivision, the application
form shall be signed by an appropriate authorized officer;
If the applicant is a partnership, each partner shall sign the application form;
If the applicant is a trust, the trust officer shall sign the name of the trustee by
him/her as trust officer. A disclosure affidavit must be filed with the application,
identifying each beneficiary of the trust by name and address and defining the
respective interest therein.
DRAWINGS
Each sheet of drawings submitted should contain a title block in the lower
right hand corner identifying the proposed activity,the name of the body of water,
river mile (if applicable), number of the sheet and total number of sheets in the set,
and the date that the drawing was prepared. Certified engineering plans and
specifications may be submitted in lieu of the drawing sheets if the magnitude of the
project warrants.
The first sheet of the drawings should include a vicinity map, which shows:
Project site;
Name of waterway;
All applicable boundary lines;
Name of and distance to local town, community or other identifying location;
Graphic of numerical scale;
North arrow.
The drawings should also be dated and include a plan view (overhead view)
of the project showing:
Existing shoreline and the normal water surface elevation (if mean sea level datum
is not used, adjustment should be indicated);
Adjacent property lines and ownership as listed in item 7 of the application;
Principal dimensions of the structure or work extent and extent of encroachment into
the waterway (as measured from a fixed structure or object);
Distance between the proposed activity and the navigation channel, where applicable;
Floodway/floodplain lines if established and if known;
North arrow;
Graphic or numerical scale;
Details describing the proposed method of revegetation or stabilization of disturbed
areas.
The Drawings should also contain a cross section view of the project showing:
Shoreline, elevations, and principal dimensions of the work shown in the plan view;
Graphic or numerical scales (horizontal and vertical).
DISCLOSURE STATEMENT
Information in the application is a matter of public record. Disclosure of the
information is voluntary; however, the data requested are necessary in order to
communicate with the applicant and to evaluate the permit application. If necessary
information is not provided, the permit application cannot be processed nor can a
permit be issued.
18 United States Code, Section 1001, provides that who ever, in any manner within
the jurisdiction of any department or agency of the United States knowingly and
willfully falsifies, conceals, or covers up by any trick, scheme, or device a
material fact or makes any false, fictitious, or fraudulent statement or entry,
shall be fined not more than $10,000 or imprisoned not more than 5 years or both.
APPLICANTS MUST OBTAIN ALL APPROVALS BEFORE WORK CAN BE STARTED.
PROCEEDING WITHOUT THE REQUIRED PERMITS IS AGAINST STATE AND
FEDERAL LAWS AND MAY RESULT IN LEGAL PROCEEDINGS AND FINES.
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