Bill Text: IL HB4207 | 2023-2024 | 103rd General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Amends the Rivers, Lakes, and Streams Act. Requires the Department of Natural Resources to ensure that State agencies comply with the National Flood Insurance Program requirements. Requires all State agencies to obtain a special flood hazard area development permit before undertaking development activity on State-owned property that is located in a special flood hazard area. Requires the Department to adopt administrative rules setting forth a State special flood hazard area development program to ensure that specified conditions are met for the issuance of permits prior to any State agency development within a special flood hazard area. Provides that State agencies that administer grants or loans for financing a development within a special flood hazard area, State agencies responsible for regulating or permitting a development within a special flood hazard area, and State agencies engaged in planning programs or promoting a program for a development within a special flood hazard area shall cooperate with the Department to inform program participants of special flood hazard areas and floodplain requirements. Provides that the Department may enter into a memorandum of understanding with a State agency to outline procedures and processes to review proposed development activity on State-owned property located in a special flood hazard area. Makes other provisions.

Spectrum: Moderate Partisan Bill (Democrat 7-1)

Status: (Engrossed) 2024-04-30 - Added as Alternate Co-Sponsor Sen. Tom Bennett [HB4207 Detail]

Download: Illinois-2023-HB4207-Introduced.html

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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.
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A BILL FOR
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AN ACT concerning transportation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Rivers, Lakes, and Streams Act is amended
by adding Section 40 as follows:
(615 ILCS 5/40 new)
Sec. 40. National Flood Insurance Program requirements.
(a) As used in this Section:
"Critical facility" means any facility which is critical
to the health and welfare of the population and, if flooded,
would create an added dimension to the disaster. Damage to
these critical facilities can impact the delivery of vital
services, can cause greater damage to other sectors of the
community, or can put special populations at risk. The
determination of "critical facility" shall be made by each
agency.
"Department" means the Illinois Department of Natural
Resources.
"Development" or "developed" means the placement or
erection of structures, buildings, or earthworks, land
filling, excavation, or other alteration of the ground
surface, installation of public utilities, channel
modification, or storage of materials or any other activity

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undertaken to modify the existing physical features of a
floodplain.
"Flood protection elevation" means an elevation one foot
above the applicable base flood elevation.
"Special flood hazard area" or "floodplain" means an area
subject to inundation by the base flood. The floodplains are
generally shown on the most current effective Flood Insurance
Rate Map published by the Federal Emergency Management Agency.
"State agencies" means any department, commission, board,
or agency under the jurisdiction of the Governor, any board,
commission, agency, or authority which has a majority of its
members appointed by the Governor, and the Governor's Office.
(b) All State agencies engaged in any development within a
special flood hazard area shall comply with all requirements
of applicable federal and State law.
(c) In addition to the requirements set forth in
subsection (b), the following additional requirements shall
apply to State agencies engaged in any development within a
special flood hazard area where applicable:
(1) All new critical facilities shall be located
outside of the special flood hazard area. If this is not
practical, as determined by the Department, critical
facilities shall be developed with the lowest floor
elevation equal to or greater than the 0.2% annual chance
flood elevation or 3 feet above the base flood elevation,
whichever is greater. If a critical facility cannot be

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practicably developed with the lowest floor elevation
equal to or greater than the 0.2% annual chance flood
elevation or 3 feet above the base flood elevation, as
determined by the Department, and is non-residential, the
critical facility shall be structurally dry floodproofed
to an elevation equal to or greater than the 0.2% annual
chance flood elevation or 3 feet above the base flood
elevation, whichever is greater.
(2) All new buildings shall be developed with the
lowest floor elevation equal to or greater than the flood
protection elevation. If a building cannot be practicably
developed with the lowest floor elevation equal to or
greater than the flood protection elevation, as determined
by the Department, and is non-residential, the building
shall be structurally dry floodproofed to an elevation
equal to or greater than the flood protection elevation.
(3) Modifications, additions, repairs, or replacement
of existing structures may be allowed so long as the new
development does not obstruct flood flows or increase the
market value of the structure by 50%. Floodproofing
activities are permitted and encouraged but must comply
with the requirements noted above.
(4) State agencies that obtain new flood elevation,
floodway, or encroachment data developed in conjunction
with development or other activities covered by this
Section shall submit the data to the Department for its

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review. If the flood hazard information is used in
determining design features or location of any State
development, it must first be approved by the Department.
(d) The Department shall adopt an administrative rule
setting forth a program to ensure the following via the
issuance of permits prior to any State agency development
within a special flood hazard area:
(1) Review of all proposed development in the special
flood hazard area to assure compliance with the standards
set forth in this Section.
(2) Monitoring and inspecting special flood hazard
area development under construction to ensure compliance
with the standards set forth in this Section.
(3) Correction, to the extent reasonably practical in
the sole determination of the Department, of all special
flood hazard area development found not to be in
compliance with the standards set forth in this Section.
(e) State agencies that administer grants or loans for
financing development within a 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.
(f) State agencies that are responsible for regulating or
permitting development within a special flood hazard area
shall inform participants in their programs of the existence

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