IL
Illinois House Bill HB4207

Illinois 2023-2024 Regular Session

Illinois House Bill HB4207 Compare Versions

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1+103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4207 Introduced , by Rep. Sharon Chung SYNOPSIS AS INTRODUCED: 615 ILCS 5/40 new Amends the Rivers, Lakes, and Streams Act. Provides that all State agencies engaged in any development within a special flood hazard area shall comply with all requirements of applicable federal and State law. Requires additional specified requirements to apply to State agencies engaged in any development within a special flood hazard area. Provides the Department of Natural Resources shall adopt an administrative rule setting forth a program to ensure certain requirements via the issuance of permits prior to any State agency development within a special flood hazard area. Provides that grants or loans administered by State agencies for financing development within special flood hazard area shall inform participants in their programs of the existence and location of special flood hazard areas and of any State or local floodplain requirements that are in effect in such areas. Requires State agencies that are responsible for regulating or permitting development within special flood hazard areas to inform participants in their programs of the existence and location of special flood hazard areas and of any State or local floodplain requirements that are in effect in such areas. Requires State agencies that are engaged in planning programs or programs for the promotion of development to inform participants in their programs of the existence and location of special flood hazard areas and of any State or local floodplain requirements that are in effect in such areas. Requires the Department to provide available flood hazard information to assist State agencies in complying with the established requirements. LRB103 35030 MXP 64960 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4207 Introduced , by Rep. Sharon Chung SYNOPSIS AS INTRODUCED: 615 ILCS 5/40 new 615 ILCS 5/40 new Amends the Rivers, Lakes, and Streams Act. Provides that all State agencies engaged in any development within a special flood hazard area shall comply with all requirements of applicable federal and State law. Requires additional specified requirements to apply to State agencies engaged in any development within a special flood hazard area. Provides the Department of Natural Resources shall adopt an administrative rule setting forth a program to ensure certain requirements via the issuance of permits prior to any State agency development within a special flood hazard area. Provides that grants or loans administered by State agencies for financing development within special flood hazard area shall inform participants in their programs of the existence and location of special flood hazard areas and of any State or local floodplain requirements that are in effect in such areas. Requires State agencies that are responsible for regulating or permitting development within special flood hazard areas to inform participants in their programs of the existence and location of special flood hazard areas and of any State or local floodplain requirements that are in effect in such areas. Requires State agencies that are engaged in planning programs or programs for the promotion of development to inform participants in their programs of the existence and location of special flood hazard areas and of any State or local floodplain requirements that are in effect in such areas. Requires the Department to provide available flood hazard information to assist State agencies in complying with the established requirements. LRB103 35030 MXP 64960 b LRB103 35030 MXP 64960 b A BILL FOR
2+103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4207 Introduced , by Rep. Sharon Chung SYNOPSIS AS INTRODUCED:
3+615 ILCS 5/40 new 615 ILCS 5/40 new
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5+Amends the Rivers, Lakes, and Streams Act. Provides that all State agencies engaged in any development within a special flood hazard area shall comply with all requirements of applicable federal and State law. Requires additional specified requirements to apply to State agencies engaged in any development within a special flood hazard area. Provides the Department of Natural Resources shall adopt an administrative rule setting forth a program to ensure certain requirements via the issuance of permits prior to any State agency development within a special flood hazard area. Provides that grants or loans administered by State agencies for financing development within special flood hazard area shall inform participants in their programs of the existence and location of special flood hazard areas and of any State or local floodplain requirements that are in effect in such areas. Requires State agencies that are responsible for regulating or permitting development within special flood hazard areas to inform participants in their programs of the existence and location of special flood hazard areas and of any State or local floodplain requirements that are in effect in such areas. Requires State agencies that are engaged in planning programs or programs for the promotion of development to inform participants in their programs of the existence and location of special flood hazard areas and of any State or local floodplain requirements that are in effect in such areas. Requires the Department to provide available flood hazard information to assist State agencies in complying with the established requirements.
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311 1 AN ACT concerning transportation.
412 2 Be it enacted by the People of the State of Illinois,
513 3 represented in the General Assembly:
614 4 Section 5. The Rivers, Lakes, and Streams Act is amended
7-5 by adding Section 18k as follows:
8-6 (615 ILCS 5/18k new)
9-7 Sec. 18k. National Flood Insurance Program; State agency
10-8 requirements.
11-9 (a) As used in this Section:
12-10 "Department" means the Department of Natural Resources.
13-11 "Development" and "developed" mean any human-made change
14-12 to real estate, including, but not limited to:
15-13 (1) demolition, construction, reconstruction, repair,
16-14 placement of a building, or any structural alteration to a
17-15 building;
18-16 (2) substantial improvement of an existing building;
19-17 (3) installation of a manufactured home on a site,
20-18 preparing a site for a manufactured home, or installing a
21-19 travel trailer on a site for more than 180 days per year;
22-20 (4) installation of utilities or construction of
23-21 roads, bridges, culverts, or similar projects;
24-22 (5) redevelopment of a site, clearing of land as an
25-23 adjunct of construction, or construction or erection of
15+5 by adding Section 40 as follows:
16+6 (615 ILCS 5/40 new)
17+7 Sec. 40. National Flood Insurance Program requirements.
18+8 (a) As used in this Section:
19+9 "Critical facility" means any facility which is critical
20+10 to the health and welfare of the population and, if flooded,
21+11 would create an added dimension to the disaster. Damage to
22+12 these critical facilities can impact the delivery of vital
23+13 services, can cause greater damage to other sectors of the
24+14 community, or can put special populations at risk. The
25+15 determination of "critical facility" shall be made by each
26+16 agency.
27+17 "Department" means the Illinois Department of Natural
28+18 Resources.
29+19 "Development" or "developed" means the placement or
30+20 erection of structures, buildings, or earthworks, land
31+21 filling, excavation, or other alteration of the ground
32+22 surface, installation of public utilities, channel
33+23 modification, or storage of materials or any other activity
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34-1 levees, dams, walls, or fences;
35-2 (6) drilling, mining, filling, dredging, grading,
36-3 excavation, paving, or other alterations of the ground
37-4 surface;
38-5 (7) storage of materials, including the placement of
39-6 gas or liquid storage tanks, and channel modifications or
40-7 any other activity that might change the direction,
41-8 height, or velocity of flood or surface waters.
42-9 "Development" and "developed" do not include resurfacing
43-10 of pavement that does not result in an increase in elevation;
44-11 construction of farm fencing; or gardening, plowing, and
45-12 similar practices that do not involve filling, grading, or
46-13 construction of levees.
47-14 "Special flood hazard area" means an area that has special
48-15 flood, mudflow, or flood-related erosion hazards and that is
49-16 shown on a Federal Emergency Management Agency Flood Hazard
50-17 Boundary Map or Flood Insurance Rate Map as Zone A, AO, A1-A30,
51-18 AE, A99, AH, AR, AR/A, AR/AE, AR/AH, AR/AO, AR/A1-A30, V1-V30,
52-19 VE, or V.
53-20 "State agency" means any department, commission, board, or
54-21 agency under the jurisdiction of the Governor; any board,
55-22 commission, agency, or authority which has a majority of its
56-23 members appointed by the Governor; and the Governor's Office.
57-24 (b) The Department shall ensure that State agencies comply
58-25 with National Flood Insurance Program requirements set forth
59-26 in this Section.
37+103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4207 Introduced , by Rep. Sharon Chung SYNOPSIS AS INTRODUCED:
38+615 ILCS 5/40 new 615 ILCS 5/40 new
39+615 ILCS 5/40 new
40+Amends the Rivers, Lakes, and Streams Act. Provides that all State agencies engaged in any development within a special flood hazard area shall comply with all requirements of applicable federal and State law. Requires additional specified requirements to apply to State agencies engaged in any development within a special flood hazard area. Provides the Department of Natural Resources shall adopt an administrative rule setting forth a program to ensure certain requirements via the issuance of permits prior to any State agency development within a special flood hazard area. Provides that grants or loans administered by State agencies for financing development within special flood hazard area shall inform participants in their programs of the existence and location of special flood hazard areas and of any State or local floodplain requirements that are in effect in such areas. Requires State agencies that are responsible for regulating or permitting development within special flood hazard areas to inform participants in their programs of the existence and location of special flood hazard areas and of any State or local floodplain requirements that are in effect in such areas. Requires State agencies that are engaged in planning programs or programs for the promotion of development to inform participants in their programs of the existence and location of special flood hazard areas and of any State or local floodplain requirements that are in effect in such areas. Requires the Department to provide available flood hazard information to assist State agencies in complying with the established requirements.
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70-1 (c) All State agencies shall obtain a special flood hazard
71-2 area development permit before undertaking development
72-3 activity on State-owned property that is located in a special
73-4 flood hazard area. The Department shall adopt rules
74-5 establishing a State special flood hazard area development
75-6 program to ensure the following via the issuance of permits
76-7 prior to any State agency development within a special flood
77-8 hazard area:
78-9 (1) review of all proposed new development in a
79-10 special flood hazard area to ensure compliance with the
80-11 standards set forth in the administrative rules;
81-12 (2) monitoring and inspecting developments currently
82-13 under construction in a special flood hazard area to
83-14 ensure compliance with the standards set forth in the
84-15 administrative rules;
85-16 (3) correction, to the extent reasonably practical in
86-17 the sole determination of the Department, of all previous
87-18 development in a special flood hazard area found not to be
88-19 in compliance with the standards set forth in the
89-20 administrative rules; and
90-21 (4) adoption of standards in the administrative rules
91-22 that, at a minimum, are as stringent as the federal
92-23 regulations that are promulgated by the Federal Emergency
93-24 Management Agency to implement the National Flood
94-25 Insurance Act (42 U.S.C. 4001 et seq.) and that are
95-26 published in 44 CFR 59 through 60.
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106-1 (d) State agencies that administer grants or loans for
107-2 financing a development within a special flood hazard area
108-3 shall cooperate with the Department to ensure that
109-4 participants in their programs are informed of the existence
110-5 and location of special flood hazard areas and of any State or
111-6 local floodplain requirements that are in effect in those
112-7 areas.
113-8 (e) State agencies that are responsible for regulating or
114-9 permitting a development within a special flood hazard area
115-10 shall cooperate with the Department to ensure that
116-11 participants in their programs are informed of the existence
117-12 and location of special flood hazard areas and of any State or
118-13 local floodplain requirements that are in effect in those
119-14 areas.
120-15 (f) State agencies that are engaged in planning programs
121-16 or promoting a program for a development within a special
122-17 flood hazard area shall cooperate with the Department to
123-18 ensure that participants in their programs are informed of the
124-19 existence and location of special flood hazard areas and of
125-20 any State or local floodplain requirements in effect in those
126-21 areas.
127-22 (g) The Department shall provide available special flood
128-23 hazard area information to assist State agencies in complying
129-24 with the requirements established by this Section. The
130-25 Department may enter into a memorandum of understanding with a
131-26 State agency to outline procedures and processes to review
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68+1 undertaken to modify the existing physical features of a
69+2 floodplain.
70+3 "Flood protection elevation" means an elevation one foot
71+4 above the applicable base flood elevation.
72+5 "Special flood hazard area" or "floodplain" means an area
73+6 subject to inundation by the base flood. The floodplains are
74+7 generally shown on the most current effective Flood Insurance
75+8 Rate Map published by the Federal Emergency Management Agency.
76+9 "State agencies" means any department, commission, board,
77+10 or agency under the jurisdiction of the Governor, any board,
78+11 commission, agency, or authority which has a majority of its
79+12 members appointed by the Governor, and the Governor's Office.
80+13 (b) All State agencies engaged in any development within a
81+14 special flood hazard area shall comply with all requirements
82+15 of applicable federal and State law.
83+16 (c) In addition to the requirements set forth in
84+17 subsection (b), the following additional requirements shall
85+18 apply to State agencies engaged in any development within a
86+19 special flood hazard area where applicable:
87+20 (1) All new critical facilities shall be located
88+21 outside of the special flood hazard area. If this is not
89+22 practical, as determined by the Department, critical
90+23 facilities shall be developed with the lowest floor
91+24 elevation equal to or greater than the 0.2% annual chance
92+25 flood elevation or 3 feet above the base flood elevation,
93+26 whichever is greater. If a critical facility cannot be
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104+1 practicably developed with the lowest floor elevation
105+2 equal to or greater than the 0.2% annual chance flood
106+3 elevation or 3 feet above the base flood elevation, as
107+4 determined by the Department, and is non-residential, the
108+5 critical facility shall be structurally dry floodproofed
109+6 to an elevation equal to or greater than the 0.2% annual
110+7 chance flood elevation or 3 feet above the base flood
111+8 elevation, whichever is greater.
112+9 (2) All new buildings shall be developed with the
113+10 lowest floor elevation equal to or greater than the flood
114+11 protection elevation. If a building cannot be practicably
115+12 developed with the lowest floor elevation equal to or
116+13 greater than the flood protection elevation, as determined
117+14 by the Department, and is non-residential, the building
118+15 shall be structurally dry floodproofed to an elevation
119+16 equal to or greater than the flood protection elevation.
120+17 (3) Modifications, additions, repairs, or replacement
121+18 of existing structures may be allowed so long as the new
122+19 development does not obstruct flood flows or increase the
123+20 market value of the structure by 50%. Floodproofing
124+21 activities are permitted and encouraged but must comply
125+22 with the requirements noted above.
126+23 (4) State agencies that obtain new flood elevation,
127+24 floodway, or encroachment data developed in conjunction
128+25 with development or other activities covered by this
129+26 Section shall submit the data to the Department for its
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140+1 review. If the flood hazard information is used in
141+2 determining design features or location of any State
142+3 development, it must first be approved by the Department.
143+4 (d) The Department shall adopt an administrative rule
144+5 setting forth a program to ensure the following via the
145+6 issuance of permits prior to any State agency development
146+7 within a special flood hazard area:
147+8 (1) Review of all proposed development in the special
148+9 flood hazard area to assure compliance with the standards
149+10 set forth in this Section.
150+11 (2) Monitoring and inspecting special flood hazard
151+12 area development under construction to ensure compliance
152+13 with the standards set forth in this Section.
153+14 (3) Correction, to the extent reasonably practical in
154+15 the sole determination of the Department, of all special
155+16 flood hazard area development found not to be in
156+17 compliance with the standards set forth in this Section.
157+18 (e) State agencies that administer grants or loans for
158+19 financing development within a special flood hazard area shall
159+20 inform participants in their programs of the existence and
160+21 location of special flood hazard areas and of any State or
161+22 local floodplain requirements that are in effect in such
162+23 areas.
163+24 (f) State agencies that are responsible for regulating or
164+25 permitting development within a special flood hazard area
165+26 shall inform participants in their programs of the existence
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