Illinois Compiled Statutes 20 ILCS 830 Interagency Wetland Policy Act of 1989. Section 1-6

    (20 ILCS 830/1-6) (from Ch. 96 1/2, par. 9701-6)

    Sec. 1-6. Definitions. As used in this Act:

    (a) "Wetland" means land that has a predominance of hydric soils (soils which are usually wet and where there is little or no free oxygen) and that is inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances does support, a prevalence of hydrophytic vegetation (plants typically found in wet habitats) typically adapted for life in saturated soil conditions. Areas which are restored or created as the result of mitigation or planned construction projects and which function as a wetland are included within this definition even when all three wetland parameters are not present.

    (b) "Adverse wetland impacts" means any land management and construction or related project activity which directly or indirectly reduces the size of a wetland or impairs a wetland's functional value, as described in subsection (c) of Section 1-2 of this Act, or the hydraulic and hydrologic characteristics of a wetland.

    (c) "Director" means the Director of Natural Resources.

    (d) "Department" with reference to this Act means the Department of Natural Resources.

    (e) "Committee" means the Interagency Wetlands Committee created by this Act.

    (f) "Mitigation" includes avoiding, minimizing or compensating for adverse wetland impacts. This includes:

        (1) Avoiding the impact altogether by not taking a

    certain action or parts of an action;

        (2) Minimizing the impact by limiting the magnitude

    of the action; and

        (3) Compensating for the impact by replacing or

    providing substitute wetland resources or environments.

    (g) "Agency Action Plan" means a plan developed by an individual agency to implement this Act.

    (h) "Wetland Compensation Plan" means a plan developed for each individual construction project that details how the responsible agency will compensate for actions which will result in adverse wetland impacts.

    (i) "Conservation Organization" means an organization, legally established under Illinois Law, for the purpose of managing and protecting natural resources.

    (j) "Necessary" means in a manner consistent with the intent of this Act.

(Source: P.A. 89-445, eff. 2-7-96.)

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Last modified: February 18, 2015