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Attention: Lake County Community Enforcement Officers (EO’s), Certified Wetland Specialists (CWS), and Other Interested Parties
In case you were not aware, on 9-17-2024 the U.S. Army Corps of Engineers-Chicago District (Corps) issued an email, attached here, containing updated guidance pertaining to permit applications and other wetland-related submittals to their office. The Corps’ guidance is applicable to all counties throughout the Chicago District; however, we wanted to inform you of additional wetland permitting-submittal requirements under the Lake County Watershed Development Ordinance (WDO, as amended) and wetland review options specific to Lake County, IL.
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If impacts to aquatic resources are proposed (3 steps):
a.An onsite wetland delineation by or under the supervision of a Lake County CWS is required to identify the presence, extent and quality of all aquatic resources on the proposed development site, including constructed features such as ditches and stormwater basins (WDO §1000).
b. In most cases, a written jurisdictional determination (JD) will need to be obtained from the Corps or SMC to determine which agency has regulatory authority over the aquatic resources (WDO §1001). SMC may choose to waive the requirement for a JD in cases where a wetland or water body clearly meets the current definition of waters of the United States (WOTUS) in 33 CFR, Part 328.3(a)–for example, the Des Plaines River or a wetland immediately adjacent to the river. A JD may be requested from the Corps as part of a permit application (turnaround time indeterminate) or, alternatively, a preliminary JD (PJD) may be requested from the SMC. SMC charges a review fee for PJDs, and our usual turnaround time is 2-3 weeks, field conditions permitting (snow cover may delay the PJDs). Click here for SMC’s PJD Request Form (UPDATED 10/2/2024). Note that only the Corps and SMC are authorized to issue JDs/PJDs in Lake County, IL.
c. If the JD/PJD determines that any aquatic resources to be impacted by a proposed development are WOTUS, a permit authorizing the WOTUS impacts will be required from the Corps and a Lake County Watershed Development Permit (WDP) will be required from the community EO. If the JD/PJD determines that any aquatic resources to be impacted are Isolated Waters of Lake County (IWLC), written approval will be required for the IWLC impacts from the SMC or a CWS in a fully-certified community (as applicable) as part of the WDP issued by the community EO. Click here for current list of community EOs and CWS. Click here for the current list of SMC regulatory staff assigned to reviews by community.
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If no impacts to aquatic resources are proposed (2 scenarios):
a. Scenario 1: If the proposed limit of disturbance for a development appears to be substantially distant from aquatic resources (i.e., >100’), a wetland delineation will normally not be required. Under this scenario, a No Permit Request (NPR) may be submitted to the Corps or, alternatively, an application requesting a Letter of No Impact (LONI) may be submitted to the SMC (WDO §1003). The site development plans showing the limit of disturbance and approximate boundaries of aquatic resources will need to be included with the request for a NPR or LONI. SMC charges a review fee for LONIs, and our usual turnaround time for LONI issuance is 2-3 weeks.
b. Scenario 2: If the proposed limit of disturbance for a development appears to be within 100’ of aquatic resources, a wetland delineation will normally be required and the surveyed boundaries of the aquatic resources will need to be included on the site development plans. A JD/PJD may also be required to determine the regulatory status of the delineated aquatic resources. If the proposed limit of disturbance is sufficiently outside the surveyed boundaries of the aquatic resources, a request for a NPR may be submitted to the Corps or, alternatively, an application for a Letter of No Impact (LONI) may be submitted to the SMC (WDO §1003). The site development plans showing the limit of disturbance and surveyed boundaries of the delineated aquatic resources will need to be included with the request for a NPR or LONI. In some cases, an “80-150” wetland hydrology analysis may be required to process a LONI for IWLC to be preserved on the development site (WDO §1006). Same as Scenario 1, SMC charges a review fee for LONIs, and our usual turnaround time for LONI issuance is 2-3 weeks.
Note that in Lake County, IL, the community EO has the discretion to either require or waive the requirement for a NPR or LONI for a proposed development under either scenario above.
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Buffer Requirements
Buffers are required for regulatory wetlands and water bodies to be preserved on development sites (WDO §505). Buffers also may extend onto a development site from an off-site wetland or water body. The width of the buffer depends on the type and quality of the aquatic resource (linear-streams vs. water body-wetlands, lakes & ponds). The community EO is responsible for reviewing and approving the buffers for proposed developments. The wetland determination report is to identify off-site wetlands within the maximum buffer requirements (e.g., 100’) adjoining the development (WDO 1000.02.F.). We recommend this information be included on site plans. We also recommend that applicants coordinate with community EO early in the development design process to make sure the required buffer widths are incorporated into the design.
If you have any questions or require further guidance on the wetland review and permitting process in Lake County, IL, please feel free to contact our Principal Wetland Specialists: Juli Crane jcrane@lakecountyil.gov, Bill Santelik wsantelik@lakecountyil.gov, or Glenn Westman gwestman@lakecountyil.gov.
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