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

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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-Engrossed.html

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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 18k as follows:
(615 ILCS 5/18k new)
Sec. 18k. National Flood Insurance Program; State agency
requirements.
(a) As used in this Section:
"Department" means the Department of Natural Resources.
"Development" and "developed" mean any human-made change
to real estate, including, but not limited to:
(1) demolition, construction, reconstruction, repair,
placement of a building, or any structural alteration to a
building;
(2) substantial improvement of an existing building;
(3) installation of a manufactured home on a site,
preparing a site for a manufactured home, or installing a
travel trailer on a site for more than 180 days per year;
(4) installation of utilities or construction of
roads, bridges, culverts, or similar projects;
(5) redevelopment of a site, clearing of land as an
adjunct of construction, or construction or erection of

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levees, dams, walls, or fences;
(6) drilling, mining, filling, dredging, grading,
excavation, paving, or other alterations of the ground
surface;
(7) storage of materials, including the placement of
gas or liquid storage tanks, and channel modifications or
any other activity that might change the direction,
height, or velocity of flood or surface waters.
"Development" and "developed" do not include resurfacing
of pavement that does not result in an increase in elevation;
construction of farm fencing; or gardening, plowing, and
similar practices that do not involve filling, grading, or
construction of levees.
"Special flood hazard area" means an area that has special
flood, mudflow, or flood-related erosion hazards and that is
shown on a Federal Emergency Management Agency Flood Hazard
Boundary Map or Flood Insurance Rate Map as Zone A, AO, A1-A30,
AE, A99, AH, AR, AR/A, AR/AE, AR/AH, AR/AO, AR/A1-A30, V1-V30,
VE, or V.
"State agency" 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) The Department shall ensure that State agencies comply
with National Flood Insurance Program requirements set forth
in this Section.

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(c) All State agencies shall 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. The Department shall adopt rules
establishing a State special flood hazard area development
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 new development in a
special flood hazard area to ensure compliance with the
standards set forth in the administrative rules;
(2) monitoring and inspecting developments currently
under construction in a special flood hazard area to
ensure compliance with the standards set forth in the
administrative rules;
(3) correction, to the extent reasonably practical in
the sole determination of the Department, of all previous
development in a special flood hazard area found not to be
in compliance with the standards set forth in the
administrative rules; and
(4) adoption of standards in the administrative rules
that, at a minimum, are as stringent as the federal
regulations that are promulgated by the Federal Emergency
Management Agency to implement the National Flood
Insurance Act (42 U.S.C. 4001 et seq.) and that are
published in 44 CFR 59 through 60.

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(d) State agencies that administer grants or loans for
financing a development within a special flood hazard area
shall cooperate with the Department to ensure that
participants in their programs are informed of the existence
and location of special flood hazard areas and of any State or
local floodplain requirements that are in effect in those
areas.
(e) State agencies that are responsible for regulating or
permitting a development within a special flood hazard area
shall cooperate with the Department to ensure that
participants in their programs are informed of the existence
and location of special flood hazard areas and of any State or
local floodplain requirements that are in effect in those
areas.
(f) State agencies that are engaged in planning programs
or promoting a program for a development within a special
flood hazard area shall cooperate with the Department to
ensure that participants in their programs are informed of the
existence and location of special flood hazard areas and of
any State or local floodplain requirements in effect in those
areas.
(g) The Department shall provide available special flood
hazard area information to assist State agencies in complying
with the requirements established by this Section. The
Department may enter into a memorandum of understanding with a
State agency to outline procedures and processes to review

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