Section 3708.90 Delegation to Municipalities and Counties

Section 3708

Section 3708.90  Delegation

to Municipalities and Counties

a)

No unit of local government, including home rule units, may

issue a building permit or other apparent authorization for any prohibited new

construction within the regulatory floodway

(Section 18g of the Act).

b)         The Department will delegate to municipalities within

incorporated areas and to counties within unincorporated areas the Department's

authority to issue permits in accordance with this Part for non-governmental

activities, upon determination by the Office that the following conditions have

been met:

1)         The municipality or county is participating in the regular

phase of the National Flood Insurance Program;

2)         The municipality or county has enacted an ordinance that

adopts requirements at least as restrictive as this Part; and

3)         The municipality or county has enacted an ordinance which

requires that all proposed regulatory floodway projects are reviewed under the

supervision of a registered professional engineer under the employ or contract

of the municipality or county and, in the case of appropriate uses, so stated

in writing by that registered professional engineer to meet the specific

requirements of Section 3708.70.

c)         A completed permit application form must be submitted to the

Department for regulatory floodway construction activities proposed in a

delegated municipality or county.  The Department will review the application

to determine if the proposed activity qualifies for review by the delegated

municipality or county pursuant to subsection (j).  When the Department

determines a regulatory floodway construction activity does qualify, it will

notify the delegated community in writing that it has the authority to review

and, if appropriate, authorize the activity for compliance with this Part. This

process is subject to a permit application review fee as described in Section

3708.115

municipality or county pursuant to subsection (j).  When the Department

determines a regulatory floodway construction activity does qualify, it will

notify the delegated community in writing that it has the authority to review

and, if appropriate, authorize the activity for compliance with this Part. This

process is subject to a permit application review fee as described in Section

3708.115.

d)         The only permits a municipality or county may issue for new

construction in a regulatory floodway are for appropriate uses as defined by

Section 3708.70.

e)         If the proposed appropriate use will require a regulatory

floodway delineation change or will change the flood stage elevation, the

municipality or county shall require that the applicant obtain a conditional

approval of the regulatory floodway map change from the Department and FEMA

before a permit is issued for the appropriate use.

f)         No buildings or structures or other construction that is not

an appropriate use shall be placed in a designated regulatory floodway until the

designated regulatory floodway map has been revised to remove the building site

from the regulatory floodway.  A conditional approval of a regulatory floodway

map change is not a change in the regulatory floodway map.  After completing a

project which will result in a regulatory floodway map revision, the applicant

must submit "as built" plans to the Office and FEMA to revise the

regulatory floodway map.  The municipality or county will then be notified by

the Department or FEMA when the regulatory floodway map has been changed, at

which time a building permit may be issued.

g)         No municipality or county shall issue a variance not in

compliance with this Part.

h)         Municipalities and counties may adopt and enforce ordinances

with greater restrictions than those of this Part

y map.  The municipality or county will then be notified by

the Department or FEMA when the regulatory floodway map has been changed, at

which time a building permit may be issued.

g)         No municipality or county shall issue a variance not in

compliance with this Part.

h)         Municipalities and counties may adopt and enforce ordinances

with greater restrictions than those of this Part.

i)          If a municipality or county issues a regulatory floodway

development permit not in accordance with this Part or fails to meet the

criteria listed in subsections (b)(1) through (3), the Department will rescind

the municipality's or county's authority to administer the Department's

regulatory floodway permit program for appropriate uses.

j)          The following shall not be delegated to municipalities and

counties as part of this Section and shall be subject to Department review or

Department permits:

1)         Department permits shall be issued to organizations that are

exempt from the municipality's or county's ordinance.

2)         The Department will permit Department projects, dams (as

defined by 17 Ill. Adm. Code 3702) and all other state, federal or local unit

of government projects, including projects of the municipalities and counties.

3)         The Department will permit construction and other activities

in public bodies of water pursuant to 17 Ill. Adm. Code 3704.

4)         The Department will review an engineer's determination that an

existing bridge or culvert is not a source of flood damage pursuant to Section

3708.70.

5)         The Department will review an engineer's determination that a

proposed bridge affected by backwater from a downstream receiving stream may be

built with a smaller opening pursuant to Section 3708.70.

6)         The Department will retain its authority to accept alternative

transition sections and hydraulically equivalent storage as indicated in

Section 3708.70.