All State development activity shall first be in compliance
with and obtain any required permits pursuant to 17 Ill. Adm. Code 3700, 3704,
and 3708. After compliance with 17 Ill. Adm. Code 3700, 3704, and 3708, all
development activity located in a floodplain, which includes both floodway and
flood fringe, shall comply with all requirements of 44 CFR 60 as effective on
1/1/2025 and does not include any later editions or amendments. This Part
applies to both new and existing construction. The following are additional
standards to the requirements of 44 CFR 60 that all development activity must
also comply with:
a) All new,
substantially improved, or substantially damaged structures must have the
lowest floor, including basements, at or above the flood protection
elevation.
b) Critical facilities
that are new, substantially improved, or substantially damaged shall have the
lowest floor, including basements, elevated or structurally dry floodproofed to
the 0.2 percent annual chance flood elevation or three feet above the BFE,
whichever is greater. Adequate parking shall be provided for staffing of the
critical facilities at or above the BFE or 0.2 percent chance flood, when
defined. Access routes to all critical facilities should be reviewed and
considered when permitting.
c) For
all projects involving channel modification, fill, or stream maintenance
(including levees), the flood carrying capacity of the watercourse shall be
maintained. In addition, the State Agency performing the development activity
shall notify adjacent communities in writing thirty (30) days prior to applying
for a permit for the alteration or relocation of the watercourse. A copy of
this notification shall be included with the permit application.
d) If the proposed development activity
modifies the FIRM the agency that is applying for the permit is responsible for
submitting an application to FEMA for a formal determination to change the map.
This process is done through the Letter of Map Change request and includes
Letter of Map Amendment, Letter of Map Revision, and the Conditional Letter of
Map revision.
