§ 152.05  PREVENTING INCREASED FLOOD HEIGHTS AND RESULTING DAMAGES.
   Within any floodway identified on the countywide Flood Insurance Rate Map, and within all other floodplains where a floodway has not been delineated, the following standards shall apply:
   (A)   Except as provided in § 152.06(B), no development shall be allowed which, acting in combination with existing and anticipated development will cause any increase in flood heights or velocities or threat to public health and safety. The following specific development activities shall be considered as meeting this requirement:
      (1)   Bridge and culvert crossings of streams in rural areas meeting the following conditions of the Illinois Department of Natural Resources, Office of Water Resources Statewide Permit Number 2:
         (a)   The crossing will not result in an increase in water surface profile elevation in excess of 1.0 feet, and
         (b)   The crossing will not result in an increase in water surface profile elevation in excess of one-half feet at a point 1,000 feet upstream of the proposed structure.
         (c)   There are no buildings in the area impacted by the increases in water surface profile.
         (d)   The proposed bridge or culvert crossing will not involve straightening, enlarging, or relocating the existing channel.
         (e)   The design must be certified by a licensed professional engineer in the State of Illinois and the designs must meet the conditions of an IDNR/OWR permit.
         (f)   The design must be certified by a second licensed professional engineer.
      (2)   Barge fleeting facilities meeting the following conditions of IDNR/OWR Statewide Permit Number 3:  The permit is only applicable when deadmen, pier cells, or other similar anchorage devices have been permitted by the U.S. Army Corps of Engineers.
      (3)   Aerial utility crossings meeting the following conditions of IDNR/OWR Statewide Permit Number 4:
         (a)   The utility line must be constructed above the existing 100-year flood elevation or attached to an existing bridge.
         (b)   A utility line attached to an existing bridge shall be constructed above the low cord elevation of the bridge.
         (c)   No supporting towers or poles shall be located in a river, lake or stream.
         (d)   Supporting towers including foundation and poles shall be designed and located so as to not cause an obstruction of flood flows by trapping debris.
         (e)   All disturbed areas shall be returned to pre-construction grades and re-vegetated.
         (f)   All Illinois Commerce Commission, National Electrical Safety Code, and federal requirements must be met.
      (4)   Minor boat docks meeting the following conditions of IDNR/OWR Statewide Permit Number 5:
         (a)   The boat dock must not extend more than 50 feet  into a waterway and no more than one-quarter of the width of the waterway and shall not extend beyond the navigational limited established by the IDNR and Corps of Engineers.
         (b)   The width of the boat dock shall not be more than ten feet.
         (c)   For L-shaped or T-shaped docks, the length of that portion parallel to the shoreline must not exceed 50% of the landowner's shoreline frontage nor 50 feet.
         (d)   Docks must be aligned so as not to cross the projection of property lines into the waterway or come within ten feet of the projected property line.
         (e)   Dock posts must be marked by reflective devices.
         (f)   The boat dock must be securely anchored to prevent detachment during times of high wind or water.
         (g)   Metal drums or containers may not be used as buoyancy units unless they are filled with floatation foam. Containers which previously stored pesticides, herbicides, or any other toxic chemicals are not permissible.
         (h)   This permit does not authorize any other related construction activity such as shore protection or fill.
         (i)   Non-floating boat docks must be constructed in a manner which will minimize obstruction to flow.
         (j)   At any future date, the permittee must agree to make necessary modifications to the dock as determined by the IDNR or Corp of Engineers.
      (5)   (a)   Minor, non-obstructive activities meeting the following conditions of IDNR/OWR Statewide Permit Number 6.
         (b)   The following activities (not involving fill or positive change in grade) are covered by this permit:
            1.   The construction of underground utility lines, wells, or septic tanks not crossing a lake or stream.
            2.   The construction of light poles, sign posts, and similar structures.
            3.   The construction of sidewalks, driveways, athletic fields (excluding fences), patios, and similar structures.
            4.   The construction of properly anchored, unwalled, open structures such as playground equipment, pavilions, and carports.
            5.   The placement of properly anchored buildings not exceeding 70 square feet in size, nor ten square feet in any dimension. Only one such building on a property is authorized by this statewide permit.
            6.   The raising of existing buildings, provided no changes are made to the outside dimensions of the building and the placement of fill is not involved.
      (6)   Outfall structures and drainage ditch outlets meeting the following conditions of IDNR/OWR Statewide Permit Number 7:
         (a)   Any outfall structure, including any headwall or end-section, shall not extend riverward or lakeward of the existing adjacent natural bank slope or adjacent bank protection.
         (b)   The velocity of the discharge shall not exceed the scour velocity of the channel soil, unless channel erosion would be prevented by the use of riprap or other design measures.
         (c)   Outlets from drainage ditches shall not be opened to a stream until the ditch is vegetated or otherwise stabilized to minimize stream sedimentation.
         (d)   Disturbance of streamside vegetation shall be kept to a minimum during construction to prevent erosion and sedimentation. All disturbed floodway areas, including the stream banks, shall be restored to their original contours and seeded or otherwise stabilized upon completion of construction.
      (7)   Underground pipeline and utility crossings meeting the conditions of IDNR/OWR Statewide Permit Number 8:
         (a)   In all cases, the crossing shall be placed beneath the bed of the river, lake or stream and, unless the crossing is encased in concrete or entrenched in bedrock, a minimum of three feet of cover shall be provided. The river, lake or stream bed shall be returned to its original condition.
         (b)   Disturbance of streamside vegetation shall be kept to a minimum during construction to prevent erosion and sedimentation. All disturbed floodway areas, including stream banks, shall be restored to their original contours and seeded or otherwise stabilized upon completion of construction.
         (c)   Any utility crossing carrying material which may cause water pollution, as defined by the Environmental Protection Act (415 ILCS 5), shall be provided with shut-off valves on each side of the body of water to be crossed.
         (d)   If blasting is to be utilized in the construction of the crossing, the permittee shall notify the IDNR/OWR at least ten days prior to the blasting date to allow monitoring of any related fish kills.
      (8)   Bank stabilization projects meeting the conditions of IDNR/OWR Statewide Permit Number 9:
         (a)   Only the following materials may be utilized in urban areas: stone and concrete riprap, steel sheet piling, cellular blocks, fabric-formed concrete, gabion baskets, rock and wire mattresses, sand/cement filled bags, geotechnical fabric materials, natural vegetation and treated timber. Urban areas are defined as: areas of the state where residential, commercial, or industrial development currently exists or, based on land use plans or controls, is expected to occur within ten years. (The Department should be consulted if there is a question of whether or not an area is considered urban).
         (b)   In addition to the materials listed in division (A)(8)(a) above, other materials (e.g. tire revetments) may be utilized in rural areas provided all other conditions of this permit are met.
         (c)   The following materials shall not be used in any case:
            1.   Auto bodies;
            2.   Garbage or debris;
            3.   Scrap lumber;
            4.   Metal refuse;
            5.   Roofing materials;
            6.   Asphalt or other bituminous materials; or
            7.   Any material which would cause water pollution as defined by the Environmental Protections Act (415 ILCS 5).
         (d)   The affected length of shoreline, stream bank, or channel to be protected shall not exceed, either singularly or cumulatively, 1,000 feet.
         (e)   All material utilized shall be properly sized or anchored to resist anticipated forces of current and wave action.
         (f)   Materials shall be placed in a way which would not cause erosion or the accumulation of debris on properties adjacent to or opposite the project.
         (g)   Materials shall not be placed higher than the existing top of the bank.
         (h)   1.   Materials shall be placed so that the modified bank full-width and cross-sectional area of the channel will conform to or be no more restrictive than that of the natural channel upstream and downstream of the site.
            2.   For projects involving continuous placement of riprap along the bank, toe of the bank or other similar applications, in no case shall the cross-sectional area of the natural channel be reduced by more than 10% nor the volume of material placed exceed two cubic yards per lineal foot of the stream bank or shoreline. The bank may be graded to obtain a flatter slope and to lessen the quantity of material required.
         (i)   If broken concrete is used, all protruding materials such as reinforcing rods shall be cut flush with the surface of the concrete and removed from the construction area.
         (j)   Disturbance of vegetation shall be kept to a minimum during construction to prevent erosion and sedimentation. All disturbed areas shall be seeded or otherwise stabilized upon completion of construction.
         (k)   In the ease of seawalls and gabion structures on lakes, the structure shall be constructed at or landward of the water line as determined by the normal pool elevation, unless:
            1.   It is constructed in alignment with an existing seawall(s) or gabion structure(s), and
            2.   The volume of material placed, including the structure, would not exceed two cubic yards per lineal foot.
         (l)   Excess material excavated during the construction of the bank or shoreline protection shall be placed in accordance with local, state, and federal laws and rules, shall not be placed in a floodway.
      (9)   Accessory structures and additions to existing residential buildings meeting the conditions of IDNR/OWR Statewide Permit Number 10:
         (a)   The accessory structure or building addition must comply with the requirements of the local floodplain ordinance.
         (b)   The principle structure to which the project is being added must have been in existence on the effective date of this permit (July 25, 1988).
         (c)   The accessory structure or addition must not exceed 500 square feet in size and must not deflect floodwaters onto another property, and must not involve the placement of any fill material.
         (d)   No construction shall be undertaken in, or within 50 feet of the bank of the stream channel.
         (e)   The accessory structure or addition must be properly anchored to prevent its movement during flood conditions.
         (f)   Only one accessory structure or addition to an existing structure shall be authorized by this permit; plans for any subsequent addition must be submitted to IDNR/OWR for review.
         (g)   Disturbances of vegetation shall be kept to a minimum during construction to prevent erosion and sedimentation. All disturbed floodway areas shall be seeded or otherwise stabilized upon completion of construction.
      (10)   Minor maintenance dredging activities meeting the following conditions of IDNR/OWR Statewide Permit Number 11:
         (a)   The affected length of the stream shall not either singularly or cumulatively exceed 1,000 feet.
         (b)   The project shall not include the construction of any new channel; all work must be confined to the existing channel or to reestablishing flows in the natural stream channel, and
         (c)   The cross-sectional area of the dredged channel shall conform to that of the natural channel upstream and down stream of the site.
         (d)   Dredged or spoil material shall not be disposed of in a wetland and shall be either:
            1.   Removed from the floodway;
            2.   Used to stabilize an existing bank provided no materials would be placed higher than the existing top of bank and provided the cross-sectional area of the natural channel would not be reduced by more than 10%, nor the volume of material placed exceed two  cubic yards per lineal foot of streambank;
            3.   Used to fill an existing washed out or scoured floodplain area such that the average natural floodplain elevation is not increased;
            4.   Used to stabilize and existing levee provided the height of the levee would not be increased nor its alignment changed;
            5.   Placed in a disposal site previously approved by the Department in accordance with the conditions of the approval, or
            6.   Used for beach nourishment, provided the material meets all applicable water quality standards.
         (e)   Disturbance of streamside vegetation shall be kept to a minimum during construction to prevent erosion and sedimentation. All disturbed floodway areas, including the stream banks, shall be seeded or otherwise stabilized upon completion of construction.
      (11)   Bridge and culvert replacement structures and bridge widening meeting the following conditions of IDNR/OWR statewide Permit Number 12:
         (a)   A licensed professional engineer shall determine and document that the existing structure has not been the cause of demonstrable flood damage. Such documentation shall include, at a minimum, confirmation that:
            1.   No buildings or structures have been impacted by the backwater induced by the existing structure, and
            2.   There is no record of complaints of flood damages associated with the existing structure.
         (b)   A licensed professional engineer shall determine that the new structure will provide the same or greater effective waterway opening as the existing structure. For bridge widening projects the existing piers and the proposed pier extensions must be in line with the direction of the approaching flow upstream of the bridge.
         (c)   The project shall not include any appreciable raising of the approach roads. (This condition does not apply if all points on the approaches exist at an elevation equal to or higher than the 100-year frequency flood headwater elevation as determined by a FEMA flood insurance study completed or approved by IDNR/OWR).
         (d)   The project shall not involve the straightening, enlargement or relocation of the existing channel of the river or stream except as permitted by the Department's Statewide Permit Number 9 (Minor Shoreline, Channel and Streambank Protection Activities) or Statewide Permit Number 11 (Minor Maintenance Dredging Activities).
         (e)   The permittee shall maintain records of projects authorized by this permit necessary to document compliance with the above conditions.
      (12)   Temporary construction activities meeting the following conditions of IDNR/OWR statewide Permit Number 13:
         (a)   No temporary construction activity shall be commenced until the individual permittee determines that the permanent structure (if any) for which the work is being performed has received all required federal, state and local authorizations.
         (b)   The term TEMPORARY shall mean not more than one construction season. All temporary construction materials must be removed from the stream and floodway within one year of their placement and the area returned to the conditions existing prior to the beginning of construction. Any desired subsequent or repetitive material placement shall not occur without the review and approval of the IDNR/OWR.
         (c)   The temporary project shall be constructed such that it will not cause erosion or damage due to increases in water surface profiles to adjacent properties. For locations where there are structures in the upstream floodplain, the temporary project shall be constructed such that all water surface profile increases, clue to the temporary project, are contained within the channel banks.
         (d)   This permit does not authorize the placement or construction of any solid embankment or wall such as a dam, roadway, levee, or dike across any channel or floodway.
         (e)   No temporary structure shall be placed within any river or stream channel until a licensed professional engineer determines and documents that the temporary structure will meet the requirements of Special Condition Number 3 of this statewide permit. Such documentation shall include, at a minimum, confirmation that no buildings or structures will be impacted by the backwater induced by the temporary structure.
         (f)   The permittee shall maintain records of projects authorized by this permit necessary to document compliance with the above condition.
         (g)   Disturbance of vegetation shall be kept to a minimum during construction to prevent erosion and sedimentation. All disturbed areas shall be seeded or otherwise stabilized upon completion of the removal of the temporary construction.
         (h)   Materials used for the project shall not cause water pollution as defined by the Environmental Protection Act (415 ILCS 5).
         (i)   Any development determined by IDNR/OWR to be located entirely within a flood fringe area shall be exempt from State Floodway permit requirements.
   (B)   Other development activities not listed in § 152.06(A) may be permitted only if:
      (1)   The permit has been issued for the work by IDNR/OWR (or written documentation is provided that an IDNR/OWR permit is not required), or
      (2)   Sufficient data has been provided to FEMA when necessary, and approval obtained from FEMA for a revision of the regulatory map and base flood elevation.
(Ord. 08-22, passed 11-17-2008)