Executive Order Number 10-14

Executive Order Number 10-14 (PDF, 226 KB)

Executive Order for the Establishment of a Coastal Management Program in Illinois

WHEREAS, Illinois is dedicated to protecting and managing our natural and cultural resources along our magnificent 63 mile stretch of Lake Michigan shoreline; and

WHEREAS, During the last two centuries, Illinois’ coast has undergone nearly a complete metamorphosis with its monumental hydrologic modifications, enormous industrial impacts, building of an excellent transportation infrastructure, and creation of skyscrapers that grace our shoreline; and

WHEREAS, Our shoreline is highly urbanized and has been subject to considerable stress from intense land use and competition to serve the economic and workforce needs and demands of this densely populated area; and

WHEREAS, The environmental legacy of our industrial sites and the needs and demands of a growing and vibrant urban community create a complex set of issues to balance as we invest in programs that seek to restore our ecosystems and meet the increasing demands for open space, recreation, and public access; and

THEREFORE, I, Pat Quinn, Governor of Illinois, pursuant to the authority vested in me by Article V of the Constitution of the State of Illinois, hereby establish the Illinois Coastal Management Program within the Illinois Department of Natural Resources. I hereby direct all state agencies to carry out their legally established duties consistently with this program and in a manner which promotes coordination among those agencies in achieving its goals and objectives:

1. DESIGNATED STATE AGENCY

   The Illinois Department of Natural Resources (IDNR) is the lead state agency responsible for development and implementation of the Illinois Coastal Management Program (ICMP). The mission of the IDNR is to manage, protect, and sustain Illinois’ natural and cultural resources, further the public’s understanding and appreciation of those resources, and promote the education, science and public safety of our natural resources for present and future generations.

2. COASTAL MANAGEMENT PROGRAM OBJECTIVES

   State agencies listed in Section III are those which have responsibility for Illinois coastal resources and are part of the ICMP network. All these agencies shall administer their programs in support of the following ICMP goals and objectives:

   1. Enhance the State’s role in supporting and coordinating partnerships among local, state and federal agencies in managing coastal resources.
   2. Facilitate the development of a shared vision and policies for the protection, restoration, and enhancement of Illinois coastal resources for this and succeeding generations.
   3. Develop strategies to mitigate and adapt to climate change, including reducing individual carbon footprints and expanding use of Illinois’ natural resources to act as natural carbon sinks.
   4. Develop site-specific strategies to address persistent bio-accumulative toxins.
   5. Investigate mitigation and long-term, sustainable solutions to aquatic and terrestrial invasive species.
   6. Facilitate the expansion of the use of green infrastructure to control storm-water, promote groundwater recharge and reduce flooding.
   7. Provide technical and financial assistance to acquire new, add or improve public recreational sites and facilities, and to create new or improve public access to coastal waters.
   8. Provide assistance to improve management programs and support state and local government efforts to identify and designate areas especially suited for water-related economic development and in redeveloping port and waterfront areas.
3. ICMP COORDINATION VIA THE TECHNICAL ADVISORY COMMITTEE

   A Technical Advisory Committee (TAC) for the ICMP is hereby established. The TAC will use existing resources and shall be comprised of state agencies with responsibility for implementing the authorities of the ICMP as described in the ICMP Program Document, which is being completed by IDNR as the lead state agency for the ICMP. Other agencies/entities will be included in the TAC as deemed necessary by the ICMP director. The ICMP director shall serve as the Chairman of the TAC. The TAC shall be a forum to resolve conflicts on state consistency, as detailed in Section IV below, and to discuss issues related to the implementation of federal consistency, as detailed in Section V below. The TAC shall also be a forum to provide review of projects under consideration for funding by the ICMP.

   Implementation

   The following Illinois agencies shall have primary responsibility for implementing the Management Authorities of the ICMP, as described in Chapter 9 of the ICMP Program Document:

   Department of Natural Resources
   Environmental Protection Agency
   Department of Agriculture
   Department of Commerce and Economic Opportunity
   Emergency Management Agency
   Department of Transportation
   Nature Preserves Commission
   Historic Preservation Agency

   These agencies and all other state agencies that conduct activities which may affect land and water uses and resources of the Illinois coastal zone shall conduct their activities in a manner consistent with the policies of the ICMP, as described in Chapter 9 of the ICMP Program Document. For the purposes of the ICMP, land and water uses of the coastal zone shall refer to those identified in the ICMP Program Document. Coastal resources are those within the boundary of the coastal zone as defined in the ICMP Program Document.

4. RESOLUTION OF CONFLICTS

   When, in the judgment of the ICMP director, a State agency or Regulatory board or Commission is ready to act in a manner that appears to be inconsistent with the ICMP policies or has established a pattern of actions that appears to be inconsistent with the ICMP policies, the ICMP director shall discuss the situation with the Agency head to determine if a consistency problem exists.

   If, in the judgment of the ICMP director, a consistency problem still exists after discussion with the Agency head, the ICMP director shall bring the matter before the TAC at a regular TAC meeting, ad hoc meeting, or through other means. If the TAC cannot resolve the problem, the ICMP director shall advise the director of the IDNR that a state consistency problem exists. The IDNR director shall then determine if a state consistency problem exists.

   If, in the judgment of the IDNR director a state consistency problem exists, the IDNR director will discuss the issue with the Agency head and attempt a resolution. If the IDNR director is unable to resolve the issue, he shall report the problem to the Governor with recommendations for appropriate action. The Governor shall have the ultimate responsibility for resolving any state consistency problem which cannot be resolved by the IDNR director and Agency head.

5. FEDERAL CONSISTENCY

   The IDNR will be the state agency that implements the Federal Consistency provisions of the Coastal Zone Management Act of 1972, as amended (CZMA), upon federal approval of the ICMP. Pursuant to the CZMA, CZMA regulations at 15 C.F.R. part 930, and the Federal Consistency process described in the ICMP Program Document, the IDNR will determine whether federal actions are consistent with the enforceable policies of the ICMP, which are listed in Chapter 11 of the ICMP Document. With support from staff in the state agencies listed in Section III above, ICMP staff shall monitor all federal actions which affect coastal uses or resources. The Technical Advisory Committee is a forum where the ICMP director or designee may discuss and come to agreement with other state agencies on specific federal consistency issues.

6. EFFECTIVE DATE

   This Executive Order will become effective upon federal approval of the Illinois Coastal Management Program.