(A) (1) No development in the SFHA shall create a damaging or potentially damaging increase in flood heights or velocity.
(2) For development proposals located in an Area of State Concern, the responsible village official shall review the development plans to discern if:
(a) A new obstruction to flood flows would be created;
(b) The project will involve a channel crossing such as a bridge or pipeline; or
(c) The project will modify the shape of the channel.
(3) If any of the situations enumerated in division (A)(2) will result from the project, the applicant shall be required to obtain a permit from the State Department of Transportation, Division of Water Resources, issued pursuant to 615 ILCS 5/23. The responsible village official shall not issue a development permit, unless the applicant has obtained either a permit under 615 ILCS 5/23 or a waiver of permit required from the Division of Water Resources.
(B) No development in the SFHA shall include locating or storing chemicals, explosives, buoyant material, flammable liquid, pollutants, or other hazardous or toxic materials below the FPE unless the materials are stored in a storage tank or floodproofed building constructed according to the requirements of § 151.07(B)(3).
(C) New and replacement sanitary sewer lines and on-site waste disposal systems may be permitted, provided that all manholes or other above ground openings located below the FPE are watertight.
(D) The total cumulative effect of a proposed development will not increase the base flood elevation more than one foot for the affected hydraulic reach of the stream.
(E) No increase in the base flood elevation may be permitted unless:
(1) The total cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the base flood elevation more than one foot for the affected hydraulic reach of the stream and will not increase flood damages or potential flood damages;
(2) A permit has been issued by the State Department of Transportation, Division of Water Resources, pursuant to 615 ILCS 5/23;
(3) For all projects involving channel modifications or fill, including levees, the village shall submit sufficient data to the Federal Emergency Management Agency to revise the regulatory flood maps and profiles.
Penalty, see § 151.99