Download
*.pdf version
TITLE
17: CONSERVATION
CHAPTER
I: DEPARTMENT OF NATURAL RESOURCES
SUBCHAPTER
h: WATER RESOURCES
PART
3700
CONSTRUCTION
IN FLOODWAYS OF RIVERS, LAKES AND STREAMS
Section
3700.10
Purpose
3700.20
Definitions
3700.30
Jurisdiction
3700.40
Permit Application
3700.50
Notice to Interested Parties
3700.60
Departmental Standards
3700.70
Special Provisions for Bridges and Culverts
3700.75
Special Provisions for Levees and Floodwalls
3700.80
Statewide Permits
3700.90
Denial of Applications
3700.100
Violations and Enforcement
3700.110
Final Administrative Decision
AUTHORITY:
Implementing and authorized by Sections 23, 29a and 30 of the Rivers,
Lakes and Streams Act [615 ILCS 5/23, 29a and 30].
SOURCE:
Adopted at 17 Ill. Reg. 4484, effective March 23, 1993; emergency amendment
at 18 Ill. Reg. 790, effective January 14, 1994, for a maximum of 150
days; amended at 18 Ill. Reg. 8167, effective May 16, 1994; recodified
from 92 Ill. Adm. Code 700, Department of Transportation, to the Department
of Natural Resources, at 22 Ill. Reg. 7362.
Section
3700.10 Purpose
a) The purpose of this Part is to protect the rights, safety and welfare
of private and public landowners by the regulation of floodway development.
Construction activities which restrict a stream's capacity to carry
flood flows may result in channel instability and increased flood damages
to neighboring properties.
b) This Part applies to all rivers, lakes and streams under the Department's
jurisdiction except those in the counties of Cook, Will, DuPage, Kane,
Lake and McHenry for which floodway limits have been defined pursuant
to 17 Ill. Adm. Code 3708.
c) Compliance with this Part does not excuse an applicant from complying
with the following Department of Natural Resources, Office of Water
Resources construction related rules:
1) Rules for Construction and Maintenance of Dams, 17 Ill. Adm. Code
3702. This Part is applicable statewide.
2) Regulation of Public Waters, 17 Ill. Adm. Code 3704. This Part applies
to the entire State geographically but is limited to only those lakes,
rivers, streams and waterways that are considered public waters.
d) Additionally, permits issued under this Part do not relieve the permittee
of the responsibility of securing all other required authorizations.
Section
3700.20 Definitions
As
used in this Part, the words and terms listed shall have the meanings
as described to them as follows:
"Bridge
or Culvert Reconstruction" The total replacement of an existing bridge
or culvert, including substructure and superstructure, on the existing
road alignment or on an alignment within 100 feet upstream or downstream
of the existing alignment in an urban area, or within 500 feet upstream
or downstream of the existing alignment in a rural area.
"Construction"
The placement, erection, or reconstruction of any building or structure,
any filling or excavation, the installation of any utility, or the storage
of any materials. Construction includes, but is not limited to, modifications
to an existing building which would increase the building's outside
dimensions, channel modifications and enclosures, roads, bridges, culverts,
levees, bank protection, walls, fences, and any other man-made activity
which would modify the physical features of a floodway with respect
to the storage or conveyance of flood waters. Construction does not
include normal maintenance and repair activities or farming operations
such as discing and plowing.
"Department"
The Illinois Department of Natural Resources.
"Floodway"
The channel of a river, lake or stream and that portion of the adjacent
land area that is needed to safely store and convey flood waters. Where
floodways have been delineated for regulatory purposes, the mapped lines
show the floodway encroachment limits and will be used. For other areas,
floodway limits will be estimated, using hydrologic and hydraulic calculations,
to preserve adequate conveyance and storage so that stage increases
for the 100-year frequency flood would not exceed 0.1 foot.
"Permittee"
The person issued a permit pursuant to this Part.
"Rural
Areas" All areas of the State not classified as urban areas.
"Urban
Areas" Areas of the State where residential, commercial or industrial
development currently exists or, based on land use plans or controls,
is expected to occur within 10 years of the application date. In determining
urban areas, the Department will consider the expertise of local officials,
regional and local planning commissions, city and county planners, or
private development planners, as well as all available mapping. Areas
with only isolated or widely scattered buildings will not be classified
as urban areas.
"Worst-case
Analysis" The calculation of the maximum increases in flood heights,
velocities and damages a project would cause due to conveyance and storage
losses considering both the project alone and the combined effects of
other existing construction and construction which could reasonably
be anticipated to be proposed in the locality. Flood events up to and
including the 100-year frequency flood shall be used in this analysis
(see Section 3700.75 for exception).
(Source: Amended at 18 Ill. Reg. 8167, effective May 16, 1994)
Section
3700.30 Jurisdiction
a) Construction in the floodway of any stream serving a tributary area
of 640 acres or more in an urban area, or in the floodway of any stream
serving a tributary area of 6,400 acres or more in a rural area, is
subject to this Part and requires a permit from the Department.
b) The following activities are exempt from this Part:
1) Installation of field tile systems, tile outlet structures, and any
water or sediment control construction activity in any floodway land
(overbank) area which would not obstruct flood flows such as grade stabilization
structures and waterways;
2) Installation of irrigation equipment in any floodway land (overbank)
area;
3) Work on private lakes which would not impact the dam or traverse
the lake such as the construction of boat docks, bank stabilization
and maintenance dredging;
4) Removal of brush, woody vegetation, trash or other debris;
5) Routine maintenance and repair of existing structures;
6) Maintenance and repair, to preserve design capacity and function,
of artificially improved stream channels, drainage ditches, levees and
pumping stations;
7) Maintenance and repair of existing bridge and culvert structures,
including dredging to restore the waterway opening to the original design
cross section, and superstructure replacement which would not reduce
the waterway opening (maintenance does not include increasing the height
of an existing roadway);
8) Widening of bridge decks;
9) Culvert extensions of up to l00% of the original length, but not
exceeding 40 feet in length, provided the extension involves no change
in alignment or reduction in size from the existing culvert;
10) Removal of bridge and culvert structures provided no materials would
be placed in a way which would obstruct normal or flood flows; and
11) Installation of fences in rural areas.
Section
3700.40 Permit Application
An
applicant who desires a permit under this Part shall file with the Department
an application consisting of a properly executed application form and
all plans and information required to determine the effect of the construction
on the carrying capacity of the stream. All portions of the application
form, including the name and address of the applicant, a description
of the proposed activity, the location of the proposed activity, and
the names and addresses of all adjoining property owners, shall be completed
and all required attachments must be submitted before a determination
of permissibility will be made. Application forms may be obtained from
the Illinois Department of Natural Resources, Office of Water Resources
at the following addresses:
1 Natural Resources Way
Springfield IL 62701-1787
160 N. LaSalle St Suite S-700
Chicago, IL 60604
2050 W. Stearns Road
Bartlett IL 60196-1096
Many
activities permitted under this Part require review of the U.S. Army
Corps of Engineers and the Illinois Environmental Protection Agency.
To simplify application procedures, the Illinois Department of Natural
Resources, Office of Water Resources utilizes a joint application form
with these two agencies.
Section
3700.50 Notice to Interested Parties
When
necessary or helpful to obtain information required for its evaluation,
the Department will issue a notice of the application to potentially
impacted parties allowing a period of 21 days for comment. This notice
procedure will generally be limited to major projects such as levees
and channel modifications.
Section
3700.60 Departmental Standards
a) Except as provided in Section 3700.70, construction which would result
in an obstruction to flood flows or a reduction in flood storage capacity
in a delineated floodway will not be permitted unless the application
shows the criteria of subsection (b) below are met.
b) Permits will be granted for construction which would not singularly
or cumulatively result in flood damages or potential flood damages outside
the project right-of-way due to increases in flood heights or velocities.
Absent contrary evidence, this standard will be considered met if, for
the worst-case analysis, the application shows that:
1) any water surface profile increase would be contained within the
channel banks (or within existing vertical extensions of the channel
banks such as within the design protection grade of existing levees
or floodwalls) or flood easements; or
2) in urban areas, the water surface profile increase would not exceed
0.1 foot; or
3) in rural areas, the water surface profile increase would not exceed
0.5 feet; and
4) any increase in average channel velocity would not be beyond the
scour velocity of the predominant soil type of the channel; or
5) increased scour, erosion and sedimentation would be prevented by
the use of riprap or other design measures.
Section
3700.70 Special Provisions for Bridges and Culverts
a) General Standards for New Bridges and Culverts
Permits will be granted for new bridges and culverts which would not
result in flood damages or potential flood damages outside the project
right-of-way due to increases in flood heights or velocities. Absent
contrary evidence, this standard will be considered met if, for the
worst-case analysis, the application shows that:
1) any water surface profile increase would be contained within the
channel banks (or within existing vertical extensions of the channel
banks such as within the design protection grade of existing levees
or floodwalls) or flood easements; or
2) in urban areas, the water surface profile increase would not exceed
0.5 feet at the structure, nor 0.1 foot at a point 1000 feet upstream
of the structure as determined by the horizontal projection of the increase
and the slope of the hydraulic grade line; or
3) in rural areas, the water surface profile increase would not exceed
1.0 foot at the structure, nor 0.5 feet at a point 1000 feet upstream
of the structure as determined by the horizontal projection of the increase
and the slope of the hydraulic grade line; and
4) any increase in average channel velocity would not be beyond the
scour velocity of the predominant soil type of the channel; or
5) increased scour, erosion and sedimentation would be prevented by
the use of riprap or other design measures.
b) General Standards for Bridge and Culvert Reconstruction
A bridge or culvert reconstruction project which would meet the following
provisions will be permissible. A reconstruction project which would
not meet these provisions must comply with the general standards for
new bridges and culverts.
1) The reconstruction (including approach roads) shall be no more restrictive
to normal and flood flows than the existing bridge or culvert crossing;
and
2) Documentation must be provided that the existing crossing has not
caused demonstrable flood damage. In the case of public projects, certification
by a District Engineer of the Department of Transportation's Division
of Highways, a County Engineer (if a Professional Engineer), or a Municipal
Engineer (if a Professional Engineer) that the existing crossing has
not caused demonstrable flood damage will be adequate documentation.
Section
3700.75 Special Provisions for Levees and Floodwalls
The
flood discharge which would just overtop a levee or floodwall shall
be used for the worst-case analysis.
(Source: Added at 18 Ill. Reg. 8167, effective May 16, 1994)
Section
3700.80 Statewide Permits
The
Department may, by issuance of a statewide permit, grant approval for
specific types of activities, for example, minor boat docks and utility
crossings, which meet the standards defined in Sections 3700.60 or 3700.70.
Subsequent to the issuance of a statewide permit, no application or
further authorization will be required by the Department for activities
meeting the terms and conditions of the statewide permit. Statewide
permits will be issued only after notice and opportunity for public
review and comment.
Section
3700.90 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. The application may be resubmitted for consideration if
it can be modified to meet the Department's objections as specified
in the letter of denial.
Section
3700.100 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 required to comply with State statutes and this
Part. When the responsible party fails to perform the specified actions,
enforcement will be sought as determined by the Department to be necessary
and appropriate.
b) Investigations may be initiated by the Department on its own or in
response to complaints involving activities undertaken without a permit,
or activities not in compliance with the terms and conditions of a permit.
Complaints shall be in writing and shall contain the name, address and
telephone number of the party believed to be responsible, the nature
of the alleged violation, the location of the activity and the name
of the body of water affected.
Section
3700.110 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 Review Law) [735 ILCS 5/Art. III].
Return
to Water Resource Management Permit Programs
Return
to Water Resource Management Home
