Ill. Admin. Code tit. 17 § 3708.150

Current through Register Vol. 48, No. 49, December 6, 2024

Section 3708.150 - Permit Conditions

a) Permits issued under this Part will contain the following standard conditions:

1) This permit is granted in accordance with the Rivers, Lakes and Streams Act [615 ILCS 5 ].

2) This permit does not convey title to the permittee or recognize title of the permittee to any submerged or other lands, and furthermore, does not convey, lease or provide any right or rights of occupancy or use of the public or private property on which the activity or any part thereof will be located, or otherwise grant to the permittee any right or interest in or to the property, whether the property is owned or possessed by the State of Illinois or by any private or public party or parties.

3) This permit does not release the permittee from liability for damage to persons or property resulting from the work covered by this permit, and does not authorize any injury to private property or invasion of private rights.

4) This permit does not relieve the permittee of the responsibility to adhere to the National Flood Insurance Program flood plain development regulations or to obtain other federal, state or local authorizations required for the construction of the permitted activity; and if the permittee is required by law to obtain approval from any federal, local or other state agency to do the work, this permit is not effective until the required federal, state and local approvals are obtained.

5) The permittee shall, at the permittee's own expense, remove all temporary piling, cofferdams, false work and material incidental to the construction of the project from the regulatory floodway, river, stream or lake in which the work is done. If the permittee fails to remove such structures or materials and if the structure or materials cause an obstruction to normal and flood flows and a loss of flood storage, the Department will have removal made at the expense of the permittee.

6) The execution and details of the work authorized shall be subject to the supervision and approval of the Department. Department personnel or their designee shall have right of access to accomplish this purpose.

7) Starting work on the activity authorized will be considered full acceptance by the permittee of the terms and conditions of the permit.

8) The Department in issuing this permit has relied upon the statements and representations made by the permittee and his or her agents; if any substantive statement or representation made by the permittee and his or her agents is found to be false, the permit will be revoked; and when a permit is revoked all rights of the permittee under the permit are voided.

9) If the activity authorized by this permit is located along a meandered lake, the permittee and the permittee's successors shall make no claim to any interest in any accretions caused by the activity.

10) In issuing this permit, the Department does not approve the adequacy of the design or structural strength of the structure or improvement.

11) Noncompliance with the conditions of this permit will be considered grounds for revocation.

b) In addition, the Department will impose special conditions, such as specifying time limits, as required to assure compliance with this Part.

Ill. Admin. Code tit. 17, § 3708.150