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1 AN ACT concerning transportation.

2 Be it enacted by the People of the State of Illinois, 
3represented in the General Assembly:

4 Section 5. The Rivers, Lakes, and Streams Act is amended 
5by adding Section 18k as follows:

6 (615 ILCS 5/18k new)
7 Sec. 18k. National Flood Insurance Program State agency 
8requirements.  
9 (a) As used in this Section:
10 "Department" means the Department of Natural Resources.
11 "Development" and "developed" mean any man-made change to 
12real estate, including, but not limited to:
13  (1) demolition, construction, reconstruction, repair, 
14 placement of a building, or any structural alteration to a 
15 building;
16  (2) substantial improvement of an existing building;
17  (3) installation of a manufactured home on a site, 
18 preparing a site for a manufactured home, or installing a 
19 travel trailer on a site for more than 180 days per year;
20  (4) installation of utilities, construction of roads, 
21 bridges, culverts, or similar projects;
22  (5) redevelopment of a site, or clearing of land as an 
23 adjunct of construction or construction or erection of 
 
 
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1 levees, dams, walls, or fences;
2  (6) drilling, mining, filling, dredging, grading, 
3 excavation, paving, or other alterations of the ground 
4 surface;
5  (7) storage of materials, including the placement of 
6 gas or liquid storage tanks, and channel modifications or 
7 any other activity that might change the direction, 
8 height, or velocity of flood or surface waters.
9 "Development" and "developed" do not include resurfacing 
10of pavement when there is no increase in elevation; 
11construction of farm fencing; or gardening, plowing, and 
12similar practices that do not involve filling, grading, or 
13construction of levees. 
14 "Special flood hazard area" means an area having special 
15flood, mudflow or flood-related erosion hazards and shown on a 
16Federal Emergency Management Agency Flood Hazard Boundary Map 
17or Floor Insurance Rate Map as Zone A, AO, A1-A-30, AE, A99, 
18AH, AR, AR/A, AR/AE, AR/AH, AR/AO, AR/A1-A30, V1-V30, VE or V.
19 "State agencies" means any department, commission, board, 
20or agency under the jurisdiction of the Governor, any board, 
21commission, agency, or authority which has a majority of its 
22members appointed by the Governor, and the Governor's Office.
23 (b) The Department shall ensure that State agencies comply 
24with National Flood Insurance Program requirements set forth 
25in this Section.
26 (c) All State agencies shall obtain a special flood hazard 
 
 
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1area development permit before undertaking development 
2activity on State-owned property that is located in a special 
3flood hazard area. The Department shall adopt an 
4administrative rule setting forth a State special flood hazard 
5area development program to ensure the following via the 
6issuance of permits prior to any State agency development 
7within a special flood hazard area:
8  (1) Review of all proposed new development in a 
9 special flood hazard area to ensure compliance with the 
10 standards set forth in the administrative rule.
11  (2) Monitoring and inspecting developments currently 
12 under construction in a special flood hazard area to 
13 ensure compliance with the standards set forth in the 
14 administrative rule.
15  (3) Correction, to the extent reasonably practical in 
16 the sole determination of the Department, of all previous 
17 development in a special flood hazard area found not to be 
18 in compliance with the standards set forth in the 
19 administrative rule.
20  (4) The standards set forth in the administrative rule 
21 shall, at a minimum, be as stringent as the federal 
22 regulations adopted by the Federal Emergency Management 
23 Agency to implement the National Flood Insurance Act (42 
24 U.S.C. 4001 et seq.) that are published in 44 CFR 59 
25 through 60.
26 (d) State agencies that administer grants or loans for 
 
 
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1financing a development within a special flood hazard area 
2shall cooperate with the Department to ensure that 
3participants in their programs are informed of the existence 
4and location of special flood hazard areas and of any State or 
5local floodplain requirements that are in effect in such 
6areas.
7 (e) State agencies that are responsible for regulating or 
8permitting a development within a special flood hazard area 
9shall cooperate with the Department to ensure that 
10participants in their programs are informed of the existence 
11and location of special flood hazard areas and of any State or 
12local floodplain requirements that are in effect in such 
13areas.
14 (f) State agencies that are engaged in planning programs 
15or promoting a program for the development shall cooperate 
16with the Department to ensure that participants in their 
17programs are informed of the existence and location of special 
18flood hazard areas and of any State or local floodplain 
19requirements in effect in such areas.
20 (g) The Department shall provide available special flood 
21hazard area information to assist State agencies in complying 
22with the requirements established by this Section. The 
23Department may enter into a memorandum of understanding with a 
24State agency to outline procedures and processes to review 
25proposed development activity on State-owned property located 
26in a special flood hazard area. Such a memorandum of 
 
 
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