8-4-2: CRITICAL AREA RESTRICTIONS:
   A.   Prohibited Activities Within Critical Area Without Authorization: The following activities including those that may involve nonengineering or nontechnical impacts are prohibited within or in the close proximity of the flood protection project's "critical area" defined herein unless written authorization is granted from both Big Island and Milan. In some instances the critical area will be extended beyond the distances defined herein if any impact or impairment to the flood protection project, its works, its operation or maintenance or to Big Island's water resources is possible.
      1.   All improvements, structures, construction work within three hundred feet (300') riverward and five hundred feet (500') landward of the levee centerline, including any work beneath the levee or walls regardless of depth;
      2.   All subsurface work within three hundred feet (300') riverward and one thousand feet (1,000') landward of the levee centerline, including excavations, ponds, swimming pools, trenches, drainage ditches, soil borings, invasive studies and investigations, wells, shafts, pile driving, drilling, mining, utility installations, sewer line installations, scours and other similar work, penetrations, or activities including any subsurface work beneath the levee or walls regardless of depth;
      3.   All seismic surveys, demolitions using explosives and other similar equipment, work or activities within one thousand five hundred feet (1,500') riverward and one thousand five hundred feet (1,500') landward of the levee centerline;
      4.   Method of abandonment or closure of construction or subsurface work, or demolitions using explosives.
   B.   Prohibited Activities Within The Flood Protection Project's Right Of Way Or Within Fifteen Feet Of The Levee Toe:
      1.   Encroachments directly, indirectly or activity that leaves the potential to encroach or impact the project right of way by gradual intrusion;
      2.   Trespassing;
      3.   Utility crossings overhead or subsurface;
      4.   Unauthorized motorized vehicles including snowmobiles, ATVs, dirt bikes, or unauthorized animals or persons;
      5.   Unauthorized fences, signs, and poles, including utility poles;
      6.   Refuse;
      7.   Stockpiles of any type of materials including brush;
      8.   Destruction of protective vegetative cover including within fifteen feet (15') of ponding areas;
      9.   Ruts caused or left by vehicular equipment of any kind;
      10.   Tree(s), tree drip line(s), tree roots or other objectionable vegetation.
   C.   Prohibited Activities Within Village Of Milan:
      1.   Unauthorized uses, impacts, burdens, impediments, or changes to the flood protection project, its works, condition, enhancements, operation or maintenance or to Big Island's water resources;
      2.   Any activity that may apply under the regulatory authority of Big Island 70 Illinois Compiled Statutes 2105 including any activity which may cause the pollution of waters and/or any interference with any of the property of Big Island or Milan;
      3.   Improvement, excavation, construction or change made in any feature or action in any manner whatever that impairs the usefulness of the flood protection project, its works, or its rights of way (33 USC section 408 and 33 CFR section 208.10). (Ord. 1575, 1-7-2013)
   D.   Categorical Exclusions: In case of residential and agricultural uses and provided that the proposed activity shall be conducted outside of the flood protection project right of way, or at least fifteen feet (15') away from the levee toe or levee berm, whichever distance is greater and in all cases where a grading, land clearing, drainage, and/or fill permit is required by federal, state or local authorities, a copy of any such permit has been presented to the local sponsors for their review prior to commencing work, the following activities shall be excepted from the prohibited activities set forth under subsection A of this section and shall not be subject to the permitting requirements of section 8-4-3 of this chapter or the penalty provisions of section 8-4-4 of this chapter:
      1.   Structures:
         a.   Aboveground swimming pools;
         b.   Dog house or kennel;
         c.   Poles or posts no wider than six inches by eight inches (6" x 8") and not buried any deeper than five feet (5') (abandonment procedure of poles is dependent on size, depth and location);
         d.   Fire pits;
         e.   Impervious surfaces less than three thousand seven hundred fifty (3,750) square feet (i.e., driveways, sidewalks to house and garage, decks, patios) (copies of applicable permits must be provided);
         f.   Replacement of current structure and replacement occurs on the previous foundation or footings;
         g.   Signage (address, trespassing, warning, yard sale, and other similar signage);
         h.   Small utility shed/equipment shed or similar structure;
         i.   Tree house/swing set/jungle gym;
      2.   Electrical:
         a.   Invisible fencing for animals (not buried deeper than 3 feet, closed cover);
         b.   Satellite dishes;
         c.   Solar panels;
      3.   Landscaping/Gardens:
         a.   Minor landscaping/vegetable or flower gardens - excluding excavating, grading and/or land clearing of a depth in excess of three feet (3');
         b.   Trees and shrubs:
            (1)   Unacceptable vegetative growth within the flood protection project and its rights of way are strictly prohibited. In accordance to corps regulations and guidance, tree roots and other similar vegetation are not allowed to encroach the flood protection project or its rights of way.
            (2)   All trees and shrubs, and like vegetation, roots and drip lines are not to cross over or enter, within fifteen feet (15') of the levee toe or the FPP's ROW whichever distance is greater. Any lower branches that may obstruct operation and maintenance, including mowing, within fifteen feet (15') of the levee toe or the FPP's ROW, are to be trimmed back and up by property owner and at the property owner's expense.
      4.   Agricultural Uses:
         a.   Tilling, planting and harvesting of crops outside FPP's ROW or fifteen feet (15') of levee toe or berm, whichever distance is greater;
         b.   Fertilizing, spraying or other chemical application provided there is no overspray killing the vegetation protecting the FPP within the FPP's ROW or within fifteen feet (15') from the levee toe or levee berm, whichever distance is greater. Ground cover is required to prevent erosion of the levee.
The categorical exclusions listed above are all subject to local sponsors review and are subject to change or amendment as appropriate. Further, the above categorical exclusions pertain only to the prohibitions created by ordinance no. 1575 prohibiting any unauthorized encroachment, trespass, change, impact or impairment of the Milan/Big Island local flood protection project as amended from time to time and should not be construed as granting approval from any other agency. Any other permit, permission or approval required by local, state or federal authorities must also be obtained from that agency prior to starting work. For any questions regarding these exclusions, call (309) 787-8527 or e-mail: inspections/milan.il.us prior to starting work. (Ord. 1598, 3-17-2014)