Illinois Administrative Code
Title 17 - CONSERVATION
Part 3708 - FLOODWAY CONSTRUCTION IN NORTHEASTERN ILLINOIS
Section 3708.150 - Permit Conditions
Universal Citation: 17 IL Admin Code ยง 3708.150
Current through Register Vol. 48, No. 38, September 20, 2024
a) Permits issued under this Part will contain the following standard conditions:
1) This permit is granted in accordance with
the Rivers, Lakes and Streams Act [615 ILCS 5 ].
2) This permit does not convey title to the
permittee or recognize title of the permittee to any submerged or other lands,
and furthermore, does not convey, lease or provide any right or rights of
occupancy or use of the public or private property on which the activity or any
part thereof will be located, or otherwise grant to the permittee any right or
interest in or to the property, whether the property is owned or possessed by
the State of Illinois or by any private or public party or parties.
3) This permit does not release the permittee
from liability for damage to persons or property resulting from the work
covered by this permit, and does not authorize any injury to private property
or invasion of private rights.
4)
This permit does not relieve the permittee of the responsibility to adhere to
the National Flood Insurance Program flood plain development regulations or to
obtain other federal, state or local authorizations required for the
construction of the permitted activity; and if the permittee is required by law
to obtain approval from any federal, local or other state agency to do the
work, this permit is not effective until the required federal, state and local
approvals are obtained.
5) The
permittee shall, at the permittee's own expense, remove all temporary piling,
cofferdams, false work and material incidental to the construction of the
project from the regulatory floodway, river, stream or lake in which the work
is done. If the permittee fails to remove such structures or materials and if
the structure or materials cause an obstruction to normal and flood flows and a
loss of flood storage, the Department will have removal made at the expense of
the permittee.
6) The execution and
details of the work authorized shall be subject to the supervision and approval
of the Department. Department personnel or their designee shall have right of
access to accomplish this purpose.
7) Starting work on the activity authorized
will be considered full acceptance by the permittee of the terms and conditions
of the permit.
8) The Department in
issuing this permit has relied upon the statements and representations made by
the permittee and his or her agents; if any substantive statement or
representation made by the permittee and his or her agents is found to be
false, the permit will be revoked; and when a permit is revoked all rights of
the permittee under the permit are voided.
9) If the activity authorized by this permit
is located along a meandered lake, the permittee and the permittee's successors
shall make no claim to any interest in any accretions caused by the
activity.
10) In issuing this
permit, the Department does not approve the adequacy of the design or
structural strength of the structure or improvement.
11) Noncompliance with the conditions of this
permit will be considered grounds for revocation.
b) In addition, the Department will impose special conditions, such as specifying time limits, as required to assure compliance with this Part.
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