Illinois Administrative Code
Title 17 - CONSERVATION
Part 3708 - FLOODWAY CONSTRUCTION IN NORTHEASTERN ILLINOIS
Section 3708.80 - Changes to the Regulatory Floodway
Current through Register Vol. 48, No. 38, September 20, 2024
a) The 100-year frequency flood profile and regulatory floodway shall not be changed by the Department unless one of the following has occurred:
b) Any person contesting the correctness of the delineation shall be given an opportunity to submit his or her own technical evidence of error or changed conditions. The Department will review the technical evidence to determine the correctness of the delineation.
c) Effective regulatory floodway conveyance or storage can be relocated by moving the regulatory floodway delineation onto the existing flood fringe property if the following criteria are met:
d) After receipt of conditional approval of the regulatory floodway change and issuance of a permit, construction as necessary to change the regulatory floodway designation may proceed but no buildings or structures or other construction that is not an appropriate use may be placed in that area until the regulatory floodway map is changed. The regulatory floodway map will be revised upon acceptance by the Department and FEMA of the "as-built" plans.
e) The Department may require deed restrictions, performance bonds or sureties, as-built certification or maintenance guarantees to assure projects are built according to permitted plans.
f) All field surveys as required by this Part shall be conducted under the supervision of a registered professional engineer or registered land surveyor, and shall be so sealed. All required engineering analyses shall be conducted under the supervision of a registered professional engineer or in the case of a federal project, by the federal agency and shall be so sealed or stated.