Section 3710.15 Definitions

TITLE: 17: CONSERVATION

CHAPTER I: DEPARTMENT OF NATURAL RESOURCES

SUBCHAPTER h: WATER RESOURCES

PART 3710 FLOODPLAIN DEVELOPMENT REQUIREMENTS FOR STATE OWNED PROPERTIES

SECTION 3710.15 DEFINITIONS

Section 3710.15  Definitions

For the purposes of this Part, the

following definitions are adopted:

"Accessory Structure"

means a non-habitable building, used only for parking of

vehicles or storage, that is on the same parcel of property as the principal

building, and which is incidental to the use of the principal building.

"Agricultural Structure"

means

a walled and roofed structure used exclusively for

agricultural purposes or uses in connection with the production, harvesting,

storage, raising, or drying of agricultural commodities and livestock,

including aquatic organisms.  Structures that house tools or equipment used in

connection with these purposes or uses are also considered to have agricultural

purposes or uses.

"Applicant" means the

state agency that is applying for a Special Flood Hazard Area Development

Permit.

"Base Flood" means the

flood having a one percent chance of being equaled or exceeded in any given

year. (see 44 CFR 59.1)

"Base Flood Elevation"

(BFE) means

the height in relation to the North American

Vertical Datum (NAVD) of 1988 (or other datum, where specified) of the crest of

the base flood

.

"Basement" means any

area of the building having its floor subgrade (below ground level) on all

sides. (see 44 CFR 59.1)

"Building" has the same

meaning as "structure". (see 44 CFR 59.1)

"Community" means any

State or area or political subdivision thereof, or any Indian tribe or

authorized tribal organization, or Alaska Native village or authorized native

organization, which has authority to adopt and enforce floodplain management

regulations for the areas within its jurisdiction (see 44 CFR 59.1)

44 CFR 59.1)

"Building" has the same

meaning as "structure". (see 44 CFR 59.1)

"Community" means any

State or area or political subdivision thereof, or any Indian tribe or

authorized tribal organization, or Alaska Native village or authorized native

organization, which has authority to adopt and enforce floodplain management

regulations for the areas within its jurisdiction (see 44 CFR 59.1).

"Conditional Letter of Map

Revision" means a letter providing FEMA’s comment on a proposed project

that would, upon construction, affect the hydrologic or hydraulic

characteristics of a flooding source and thus result in the modification of the

existing floodway, the BFEs, or the floodplain.

"Critical Facility"

means any facility that is critical to the health and welfare of the population

and, if flooded, would create an added dimension to the disaster.  Critical

facilities include, but are not limited to, police or firefighting buildings,

corrections facilities, hazardous materials storage units (chemicals,

petrochemicals, hazardous or toxic substances), nursing homes, hospitals, health

care facilities, assisted living facilities, residential educational facilities,

retirement care facilities, critical utility sites (telephone switching

stations or electrical transformers), and facilities used to store critical

records. Roads and bridges are not defined as critical facilities for purposes

of this Part.

"Dam" means all

obstructions, wall embankments or barriers, together with their abutments and

appurtenant works, if any, constructed for the purpose of storing or diverting

water or creating a pool. Dams may also include weirs, restrictive culverts, or

impoundment structures.  Underground water storage tanks are not included.

"Department" means

the Illinois Department of Natural Resources

[615 ILCS 5/18k(a)].

"Development" and

"developed" mean any man-made change to real estate, including, but

not limited to:

, constructed for the purpose of storing or diverting

water or creating a pool. Dams may also include weirs, restrictive culverts, or

impoundment structures.  Underground water storage tanks are not included.

"Department" means

the Illinois Department of Natural Resources

[615 ILCS 5/18k(a)].

"Development" and

"developed" mean any man-made change to real estate, including, but

not limited to:

(1) demolition, construction,

reconstruction, repair, placement of a building, or any structural alteration

to a building;

(2) substantial improvement of

an existing building;

(3) installation of a

manufactured home on a site, preparing a site for a manufactured home, or

installing a travel trailer on a site for more than 180 days per year;

(4) installation of utilities,

construction of roads, bridges, culverts, or similar projects;

(5) redevelopment of a site, or

clearing of land as an adjunct of construction or construction or erection of

levees, dams, walls, or fences;

(6) drilling, mining, filling,

dredging, grading, excavation, paving, or other alterations of the ground

surface;

(7) storage of materials,

including the placement of gas or liquid storage tanks, and channel

modifications or any other activity that might change the direction, height, or

velocity of flood or surface waters.

"Development" and

"developed" do not include resurfacing of pavement when there is no

increase in elevation; construction of farm fencing; or gardening, plowing, and

similar practices that do not involve filing, grading, or construction of

levees.

[615 ILCS 5/18K(a)]

"Elevation Certificate"

means a form published by FEMA that is used to certify the elevation to which a

building has been constructed.

"Existing Construction"

means the structures for which the "start of construction" commenced

before the effective date of the FIRM or before January 1, 1975, for FIRMs

effective before that date. "Existing construction" may also be

referred to as "existing structures"

n Certificate"

means a form published by FEMA that is used to certify the elevation to which a

building has been constructed.

"Existing Construction"

means the structures for which the "start of construction" commenced

before the effective date of the FIRM or before January 1, 1975, for FIRMs

effective before that date. "Existing construction" may also be

referred to as "existing structures". (see 44 CFR 59.1)

"Existing Structures" −

has the same meaning as "existing construction".

"FEMA" means the Federal

Emergency Management Agency and its regulations at 44 CFR 59 through 79, as

amended.

"Flood" or

"Flooding" means:

A general and temporary condition

of partial or complete inundation of normally dry land areas from:

The overflow of inland or tidal

waters;

The unusual and rapid accumulation

or runoff of surface waters from any source; or

Mudslides (i.e., mudflows) which

are proximately caused by flooding and are akin to a river of liquid and

flowing mud on the surfaces of normally dry land areas, as when earth is

carried by a current of water and deposited along the path of the current.

The collapse or subsidence of land

along the shore of a lake or other body of water as a result of erosion or

undermining caused by waves or currents of water exceeding anticipated cyclical

levels or suddenly caused by an unusually high water level in a natural body of

water, accompanied by a severe storm, or by an unanticipated force of nature,

such as flash flood or an abnormal tidal surge, or by some similarly unusual

and unforeseeable event.

"Flood Fringe" means

that portion of the floodplain outside of the regulatory floodway.

"Flood Insurance Rate

Map" or "FIRM" means an official map of a community, on which

the Federal Insurance Administrator has delineated both the special hazard

areas and the risk premium zones applicable to the community. A FIRM that has

been made available digitally is called a Digital Flood Insurance Rate Map

(DFIRM)

" means

that portion of the floodplain outside of the regulatory floodway.

"Flood Insurance Rate

Map" or "FIRM" means an official map of a community, on which

the Federal Insurance Administrator has delineated both the special hazard

areas and the risk premium zones applicable to the community. A FIRM that has

been made available digitally is called a Digital Flood Insurance Rate Map

(DFIRM). (see 44 CFR 59.1

)

"Flood Insurance Study"

or "FIS" means an examination, evaluation and determination of flood

hazards and, if appropriate, corresponding water surface elevations, or an

examination, evaluation and determination of mudslide (i.e. mudflow) and/or

flood-related erosion hazards.

"Floodplain" and "Special

Flood Hazard Area" means those lands within the jurisdiction of the State

of Illinois that are subject to inundation by the base flood and are identified

on the Flood Insurance Rate Maps (FIRM) for the State of Illinois. See the

definition of "Special Flood Hazard Area".

"Flood Protection

Elevation" means the elevation of the base flood plus one foot of

freeboard at any given location in the floodplain.

"Floodway" means that

portion of the floodplain required to store and convey the base flood.  The

floodway for the floodplains of the State of Illinois shall be as delineated on

the FIRM of Illinois prepared by FEMA.

"Freeboard" means an

increment of elevation added to the BFE to provide a factor of safety for

uncertainties in calculations, future watershed development, unknown localized

conditions, wave actions and unpredictable effects such as those caused by ice

or debris jams

d.  The

floodway for the floodplains of the State of Illinois shall be as delineated on

the FIRM of Illinois prepared by FEMA.

"Freeboard" means an

increment of elevation added to the BFE to provide a factor of safety for

uncertainties in calculations, future watershed development, unknown localized

conditions, wave actions and unpredictable effects such as those caused by ice

or debris jams.

"Historic Structure"

means any structure that is:

Listed individually in the

National Register of Historic Places (a listing maintained by the Department of

Interior) or preliminarily determined by the Secretary of the Interior as

meeting the requirements for individual listing on the National Register;

Certified or preliminarily

determined by the Secretary of the Interior as contributing to the historical

significance of a registered historic district or a district preliminarily

determined by the Secretary to qualify as a registered historic district;

Individually listed on a state

inventory of historic places in states with historic preservation programs

which have been approved by the Secretary of the Interior; or

Individually listed on a local

inventory of historic places in communities with historic preservation programs

that have been certified either:

By an approved state program as

determined by the Secretary of the Interior; or

Directly by the Secretary of the

Interior in states without approved program. (see 44 CFR 59.1)

"Letter

of Map Amendment" means an official determination by FEMA that a specific

building, defined area of land, or a parcel of land,

where there has not been any alteration of the topography since the date of the

first NFIP map showing the property within the floodplain, was inadvertently

included within the floodplain and that the building, defined area of land, or

a parcel of land is removed from the floodplain.

"Letter of Map Revision"

means a letter granted by FEMA that revises BFEs, floodplains or floodways as

shown on an effective FIRM

been any alteration of the topography since the date of the

first NFIP map showing the property within the floodplain, was inadvertently

included within the floodplain and that the building, defined area of land, or

a parcel of land is removed from the floodplain.

"Letter of Map Revision"

means a letter granted by FEMA that revises BFEs, floodplains or floodways as

shown on an effective FIRM.

"Lowest Floor" means the

lowest floor of the enclosed area (including basement).  An unfinished or flood

resistant enclosure, usable solely for parking of vehicles, building access, or

storage in an area other than a basement area is not considered a building's

lowest floor, provided that enclosure is not built so as to render the

structure in violation of the applicable non-elevation design requirements of

Section 3710.40.

"Manufactured Home"

means a structure, transportable in one or more sections, which is built on a

permanent chassis and is designed for use with or without a permanent

foundation when attached to the required utilities. The term "manufactured

home" does not include a "recreational vehicle". (44 CFR 59.1)

"NAVD 88" means the

North American Vertical Datum of 1988.

"New Construction" means,

for floodplain management purposes structures for which the start of

construction commenced on or after the effective date of a floodplain

management regulation adopted by a community and includes any subsequent

improvements to such structures. (see 44 CFR 59.1)

"NFIP" means the National

Flood Insurance Program operated by the Federal Emergency Management Agency.

"Recreational Vehicle"

means a vehicle which is:

Built on a single chassis;

400 square feet or less when

measured at the largest horizontal projection;

Designed to be self-propelled or

permanently towable by a light duty truck; and

Designed primarily not for use as

a permanent dwelling but as temporary living quarters for recreational,

camping, travel, or seasonal use

gency Management Agency.

"Recreational Vehicle"

means a vehicle which is:

Built on a single chassis;

400 square feet or less when

measured at the largest horizontal projection;

Designed to be self-propelled or

permanently towable by a light duty truck; and

Designed primarily not for use as

a permanent dwelling but as temporary living quarters for recreational,

camping, travel, or seasonal use. (44 CFR 59.1)

"Repetitive Loss" means

flood related damages sustained by a structure on two separate occasions during

a ten-year period for which the cost of repairs at the time of each such flood

event on the average equals or exceeds 25% of the market value of the structure

before the damage occurred.

"Special flood hazard area"

means an area having special flood, mudflow or flood-related erosion hazards

and shown on a Federal Emergency Management Agency Flood Hazard Boundary Map or

Flood Insurance Rate Map as Zone A, AO, A1-A-30, AE, A99, AH, AR, AR/A, AR/AE,

AR/AH, AR/AO, AR/A1-A30, V1-V30, VE or V.

[615 ILCS 5/18k(a)]

"Special

Flood Hazard Area Development Permit

" or "Permit" means,

unless the context of the language states otherwise, the permit that all State

agencies are required to obtain from the Department before undertaking

development activity on State-owned property that is in a special flood hazard

area as required by 615 ILCS 5/18k.

"State Agencies"

means any department, commission, board, or agency under the jurisdiction of

the Governor, any board, commission, agency, or authority which has a majority

of its members appointed by the Governor, and the Governor's Office.

[615

ILCS 5/18k(a)

]

"Start of Construction"

(for other than new construction or substantial improvements under the Coastal

Barrier Resources Act (Pub. L. 97-348)), includes substantial improvement, and

means the date the building permit was issued, provided the actual start of

construction, repair, reconstruction, rehabilitation, addition placement, or other

improvement was within 180 days of the permit date

)

]

"Start of Construction"

(for other than new construction or substantial improvements under the Coastal

Barrier Resources Act (Pub. L. 97-348)), includes substantial improvement, and

means the date the building permit was issued, provided the actual start of

construction, repair, reconstruction, rehabilitation, addition placement, or other

improvement was within 180 days of the permit date. The actual start means

either the first placement of permanent construction of a structure on a site,

such as the pouring of slab or footings, the installation of piles, the

construction of columns, or any work beyond the stage of excavation; or the

placement of a manufactured home on a foundation. Permanent construction does

not include land preparation, such as clearing, grading and filling; nor does

it include the installation of streets and/or walkways; nor does it include

excavation for a basement, footings, piers, or foundations or the erection of

temporary forms; nor does it include the installation on the property of

accessory buildings, such as garages or sheds not occupied as dwelling units or

not part of the main structure. For a substantial improvement, the actual start

of construction means the first alteration of any wall, ceiling, floor, or

other structural part of a building, whether or not that alteration affects the

external dimensions of the building. (44 CFR 59.1)

"Structure" means, for

floodplain management purposes, a walled and roofed building, including a gas

or liquid storage tank, that is principally above ground, as well as a

manufactured home.

"Substantial Damage"

means damage of any origin sustained by a structure whereby the percentage of

damage sustained during a 10-year period equals or exceeds 50% of the market

value of the structure before the damage occurred regardless of actual repair

work performed.  Volunteer labor and materials must be included in this

determination.  The term includes "Repetitive Loss Buildings" (see

definition)

al Damage"

means damage of any origin sustained by a structure whereby the percentage of

damage sustained during a 10-year period equals or exceeds 50% of the market

value of the structure before the damage occurred regardless of actual repair

work performed.  Volunteer labor and materials must be included in this

determination.  The term includes "Repetitive Loss Buildings" (see

definition).

"Substantial

Improvement" means any reconstruction, rehabilitation, addition or

improvement of a structure during the last ten years in which the percentage of

improvements equals or exceeds 50% of the market value of the structure before

the improvement or repair is started.  Substantial improvement is considered to

occur when the first alteration of any wall, ceiling, floor, or other

structural part of the building commences, whether or not that alteration

affects the external dimensions of the structure.  This term includes

structures which have incurred repetitive loss or substantial damage,

regardless of the actual repair work done.

Substantial improvement does not

include:

Any project for improvement of a

structure to comply with existing State or local health, sanitary, or safety

code specifications which are solely necessary to assure safe living conditions,

or

Any alteration of a structure

listed on the National Register of Historic Places or the Illinois Register of

Historic Places.

"Watercourse" means any

channel through which water flows including rivers, streams, creeks, drains, or

culverts. This includes any channel that takes seasonal flows and which may at

times be dry.