Section 3702.50 Requirements for Approval of Permits for Removal of Dams

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Illinois Administrative Code › Title 17 CONSERVATION › CHAPTER I: DEPARTMENT OF NATURAL RESOURCES › Part 3702 CONSTRUCTION AND MAINTENANCE OF DAMS › Section 3702.50 Requirements for Approval of Permits for Removal of Dams

This text was captured on Aug 14, 2026. It is a snapshot, not a live feed, so check the official code before relying on it.

Text

Section 3702

Section 3702.50  Requirements

for Approval of Permits for Removal of Dams

a)         Dependent upon the size, height, reservoir impounding

capacity, upstream and downstream channel conditions, existing reservoir

sediment deposits, degree of hazard in case of failure, as well as any other

considerations which might be peculiar to a particular dam, the following OWR

requirements shall be met unless the applicant establishes that one or more

specific requirements for a permit to remove a dam are not applicable.

b)         A reasonable method to accomplish the following requirements

will be accepted. It is strongly recommended that applicants contact OWR prior

to initiation of studies and at any time during the development of the permit

application if questions should arise.

1)         Reservoir Dewatering – The reservoir shall be dewatered with a

method and timing such that the downstream channel shall not overflow to a

degree to cause damage.

2)         Effecting Breach – A breach shall be made in such a manner as

to be safe under all reasonably anticipated storm events.

3)         Size of Breach – The waterway cross sectional area of the

final breach shall be sufficient to at least pass the 100-year frequency flood

with negligible backwater effect.

4)         Control of Erosion at Site of Breach During and After

Breaching Operations – Erosion of the dam embankment and adjacent area shall be

controlled during and after breaching operations by proper breach procedure,

use of appropriate structural measures, and necessary maintenance measures

thereafter.

5)         Downstream Channel Impacts – Effects of the breach on the

downstream channel shall be assessed.  Increases in water levels downstream of

the breach over that which occurred prior to construction of the dam shall be

negligible unless the owner can show that no damage results from such

increases

,

use of appropriate structural measures, and necessary maintenance measures

thereafter.

5)         Downstream Channel Impacts – Effects of the breach on the

downstream channel shall be assessed.  Increases in water levels downstream of

the breach over that which occurred prior to construction of the dam shall be

negligible unless the owner can show that no damage results from such

increases.  If increases in water levels are not negligible or if damage can

result from the breach, OWR will require the owner to mitigate such damages.

6)         Restoration of Original Channel Upstream of Breach – The

original channel shall be restored, or an alternate channel shall be required

to provide flows approximating the original flow regime (restoration to the

extent possible, of the channel and stream flows to original conditions prior

to construction of the dam) through the bed of the reservoir from the breach to

the upstream end of the area impacted by the reservoir.

7)         Control of Sediment Deposits in Reservoir – Measures shall be

undertaken to minimize movement of reservoir sediment deposits through the

breach.

8)         Restoration of Reservoir Lake Bed – The bed of the reservoir

within the 100-year flood plain shall be restored to a condition whereby it can

serve a reasonable flood plain use.

9)         Plan for Maintenance – A plan for providing regular

maintenance of the breach, outlet channel, inlet channel, and reservoir bed

will be required by OWR, for the period of time necessary to establish plant

cover or other erosion and sedimentation control.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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