STATE ENVIRONMENTAL LEGISLATION

During the past few years, State legislation has been enacted concerning three environmental issues: endangered species, historic preservation, and wetlands. These acts affect the construction of local roads and streets as well as other actions by local agencies. A brief synopsis of each act and its effect on the local agency follows:

ILLINOIS ENDANGERED SPECIES PROTECTION ACT

In 1985, an amendment to the Illinois Endangered Species Protection Act was passed. This amendment added a paragraph to the act requiring all agencies of State and local government to evaluate if any action authorized, funded or carried out by the agency is likely to jeopardize the existence of any Illinois listed threatened or endangered species or is likely to result in the destruction or adverse modification of its habitat. This evaluation must be done through a consultation process with the Illinois Department of Conservation (IDOC). This act could affect any type of local or State project including the issuing of permits and zoning changes.

This act has never been fully implemented. The IDOC has recently issued proposed rules to implement the act. The review period for these rules ended August 27, 1990.

The proposed rules require that IDOC be contacted to determine if any endangered species exist in the project vicinity. If there is the possibility of the presence of endangered species, additional studies must be done to determine the impact on these species. Certain type projects can be exempt from review.

INTERAGENCY WETLANDS POLICY ACT OF 1989

The goal of the Interagency Wetlands Policy Act of 1989 is that there be no overall net loss of the State's existing wetland acres or their functional value due to State-supported activities. In addition. State agencies shall preserve, enhance, and create wetlands where necessary in order to increase the quality and quantity of the State's wetland resource base. Among activities covered by this act are State and State pass-through construction activities including federally funded local agency road improvements. Motor Fuel Tax projects, and the Township Bridge Program. Each State agency must develop an action plan which will be used as the agency's procedural plan for implementing this act. Several elements must be included in this plan. One of the most important is a procedure for the development of a Wetland Compensation Plan to be used as a guide for replacing wetlands affected by a project.

The Department of Transportation (IDOT), in cooperation with the Illinois Municipal League and Association of County Superintendents of Highways, has prepared a draft of its Agency Action Plan. This agency plan will also cover local agency projects on the local system. After the action plan has been approved by the IDOC, IDOT will issue procedures to be used by the local agencies to comply with the action plan.

ILLINOIS STATE AGENCY HISTORIC RESOURCES PRESERVATION ACT

The Illinois State Agency Historic Resources Preservation Act was passed in the 1989 legislative session. One of its purposes is to institute procedures to ensure that projects consider the preservation and enhancement of historic resources.

This act applies to projects and activities undertaken by the State, funded directly or indirectly by the State, or requiring licenses, permits, or other approvals by the State. This would include Motor Fuel Tax projects and the Township Bridge Program. It could also include other local projects which require a permit or approval from the State. Federally funded projects are reviewed pursuant to Section 106 of the National Historic Preservation Act of 1966 and are not affected by this act.

If an undertaking could result in changes in the character or use of any historic property, notification must be given to the Director of Historic Preservation. If the Director of Historic Preservation finds that an undertaking will adversely affect a historic resource, alternatives that could eliminate, minimize, or mitigate adverse effects must be discussed.

IDOT has signed a Memorandum of Agreement with the Director of Historic Preservation detailing the types of actions which are exempt from notification. This avoids the need for notification on a large number of projects. To assist the local agencies in identifying potential historic resources, IDOT will conduct appropriate cultural surveys for local projects. A request for a survey should be made by the local agency through the appropriate IDOT District Office. Contact the IDOT District Engineer of Local Roads and Streets for more details concerning the survey process.

We will continue to work with the Illinois Municipal League, the Association of County Superintendents of Highways, and the Township Officials of Illinois in developing procedures to comply with these Acts. •

October 1990 / Illinois Municipal Review / Page 21