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91_HB3093eng
HB3093 Engrossed LRB9110635JMks
1 AN ACT concerning tree and soil conservation.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Department of Agriculture Law of the
5 Civil Administrative Code of Illinois is amended by adding
6 Section 205-440 as follows:
7 (20 ILCS 205/205-440 new)
8 Sec. 205-440. Tree buffer program. The Department of
9 Agriculture shall (i) assist and advise the Trees Forever
10 Illinois Buffer Initiative; (ii) give general advice and
11 guidance to the Trees Forever Illinois Buffer Initiative
12 regarding the State agencies and State resources of relevance
13 to implementation of the program; and (iii) aid in the
14 promotion of and public dissemination of information about
15 the Trees Forever Illinois Buffer Initiative.
16 Section 10. The Rivers, Lakes, and Streams Act is
17 amended by changing Section 29a as follows:
18 (615 ILCS 5/29a) (from Ch. 19, par. 78)
19 Sec. 29a. Construction permits; maintenance and repairs;
20 clear cutting.
21 (a) After July 1, 1985, no person, State agency, or unit
22 of local government shall undertake construction in a public
23 body of water or in a stream without a permit from the
24 Department of Natural Resources. No permit shall be required
25 in a stream which is not a public body of water, draining
26 less than one square mile in an urban area or less than ten
27 square miles in a rural area. No permits shall be required
28 for field tile systems, tile outlet structures, terraces,
29 water and sediment control basins, grade stabilization
HB3093 Engrossed -2- LRB9110635JMks
1 structures, or grassed waterways which do not obstruct flood
2 flows. Any artificially improved stream channel, drainage
3 ditch, levee, or pumping station existing in serviceable
4 condition on July 1, 1985 may be maintained and repaired to
5 preserve design capacity and function without a permit.
6 Maintenance and repair of improved channels, ditches or
7 levees shall follow accepted practices to reduce, as
8 practical, scour, erosion, sedimentation, escape of loose
9 material and debris, disturbance of adjacent trees and
10 vegetation, and obstruction of flood flows.
11 (b) No person, State agency, or unit of local
12 government, except a unit of local government with a
13 population greater than 500,000, may clear cut, as defined by
14 rule by the Department of Natural Resources, trees within 15
15 yards of waters listed by the Department under Section 5 as
16 navigable, except as follows:
17 (1) for the purpose of improving, maintaining,
18 repairing, constructing, and reconstructing any highway,
19 road, bridge, culvert, drainage structure, drainage
20 facility, or grade separation under the jurisdiction of
21 the Illinois Department of Transportation or any road
22 district, highway commissioner, or drainage district;
23 (2) for maintenance and improvement of drainage of
24 or on agricultural land, for which trees may be removed;
25 and
26 (3) for the purpose of improving, maintaining,
27 repairing, constructing, or reconstructing any facility
28 for the distribution, transmission, or generation of
29 electricity.
30 (Source: P.A. 89-445, eff. 2-7-96.)
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