il-v50i42-17-ill-adm-code-2030: 17 Ill. Adm. Code 2030 — Designation of Restricted Waters in the State of Illinois

1) Heading of the Part: Designation of Restricted Waters in the State of Illinois 2) Code Citation: 17 Ill. Adm. Code 2030 3) Section Number: Proposed Action: 2030.30 Amendment 4) Statutory Authority: Implementing and authorized by Sections 5-7 and 5-12 of the Boat Registration and Safety Act [625 ILCS 45/5-7 and 5-12]. 5) A Complete Description of the Subjects and Issues Involved: This Part is being amended to regulate no-wake zones at these locations for the safety of the public. 6) Published studies or reports, and sources of underlying data, used to compose this rulemaking: None 7) Will this proposed rulemaking replace an emergency rule currently in effect? No 8) Does this rulemaking contain an automatic repeal date? No 9) Does this proposed rulemaking contain incorporations by reference? No 10) Are there any other proposed rulemakings pending on this Part? No 11) Statement of Statewide Policy Objectives: This rulemaking does not affect units of local government. 12) Time, Place, and Manner in which interested persons may comment on this proposed rulemaking: Interested persons may submit their written comments concerning this rulemaking within 45 days from the publication date of this issue of the Illinois Register. All comments should be submitted to: John Fischer, Legal Counsel Department of Natural Resources One Natural Resources Springfield, IL 62702 (217) 782-1809 Email: dnr.rules@illinois.gov DEPARTMENT OF NATURAL RESOURCES NOTICE OF PROPOSED AMENDMENT 13) Initial Regulatory Flexibility Analysis: A) Description of the type of small business, not for profit corporations or small municipalities subject to the proposed amendment: None B) Description of the proposed reporting, bookkeeping and other procedures required for compliance with the amendment: None C) Description of the types of professional skills necessary for compliance: None 14) Small Business Economic Impact Analysis: None 15) Regulatory Agenda on which this rulemaking was summarized: This rule was not included on either of the 2 most recent agendas because it was not anticipated at the time of the Department's most recent Regulatory Agenda. 16) Any other information or justification for the proposed rule or amendment that the agency believes would be helpful to the public regarding the proposed rule or amendment. For example, a discussion or analysis of the benefits of the proposed rule or amendment is projected to have on the Illinois public, consumers, investors or other similar groups. None The full text of the Proposed Amendment begins on the next page: DEPARTMENT OF NATURAL RESOURCES NOTICE OF PROPOSED AMENDMENT TITLE 17: CONSERVATION CHAPTER I: DEPARTMENT OF NATURAL RESOURCES SUBCHAPTER e: LAW ENFORCEMENT PART 2030 DESIGNATION OF RESTRICTED WATERS IN THE STATE OF ILLINOIS Section 2030.10 General Regulations 2030.15 Designation of Restricted Waters by the Department of Natural Resources 2030.20 Region I – Designated Restricted Boating Areas 2030.30 Region II – Designated Restricted Boating Areas 2030.40 Region III – Designated Restricted Boating Areas 2030.50 Region IV – Designated Restricted Boating Areas 2030.60 Region V – Designated Restricted Boating Areas 2030.70 Riverboat Gambling Casinos – Designated Restricted Boating Areas 2030.80 Hazardous Navigation Conditions – Designated Restricted Boating Areas AUTHORITY: Implementing and authorized by Sections 5-7 and 5-12 of the Boat Registration and Safety Act [625 ILCS 45/5-7 and 5-12]. SOURCE: Adopted at 5 Ill. Reg. 8763, effective August 25, 1981; codified at 5 Ill. Reg. 10617; amended at 9 Ill. Reg. 4789, effective April 2, 1985; amended at 11 Ill. Reg. 9519, effective May 5, 1987; emergency amendment at 12 Ill. Reg. 8745, effective May 15, 1988, for a maximum of 150 days; emergency expired September 20, 1988; emergency amendment at 12 Ill. Reg. 12111, effective July 6, 1988, for a maximum of 150 days; emergency expired December 12, 1988; amended at 12 Ill. Reg. 16707, effective September 30, 1988; amended at 12 Ill. Reg. 20472, effective November 28, 1988; corrected at 13 Ill. Reg. 967; emergency amendment at 13 Ill. Reg. 2878, effective February 21, 1989, for a maximum of 150 days; amended at 13 Ill. Reg. 12814, effective July 21, 1989; amended at 16 Ill. Reg. 8483, effective May 26, 1992; amended at 19 Ill. Reg. 7549, effective May 26, 1995; emergency amendment at 19 Ill. Reg. 11967, effective August 3, 1995, for a maximum of 150 days; amended at 20 Ill. Reg. 750, effective December 29, 1995; amended at 20 Ill. Reg. 7864, effective June 3, 1996; recodified by changing the agency name from Department of Conservation to Department of Natural Resources at 20 Ill. Reg. 9389; amended at 20 Ill. Reg. 15692, effective December 2, 1996; amended at 23 Ill. Reg. 6822, effective May 20, 1999; amended at 27 Ill. Reg. 8871, effective May 19, 2003; amended at 29 Ill. Reg. 15550, effective September 27, 2005; amended at 30 Ill. Reg. 11576, effective June 23, 2006; emergency amendment at 31 Ill. Reg. 8348, effective May 25, 2007, for a maximum of 150 days; amended at 31 Ill. Reg. 14522, effective October 5, 2007; amended at 34 Ill. Reg. DEPARTMENT OF NATURAL RESOURCES NOTICE OF PROPOSED AMENDMENT 7720, effective May 20, 2010; amended at 36 Ill. Reg. 5565, effective March 22, 2012; amended at 37 Ill. Reg. 827, effective January 9, 2013; amended at 37 Ill. Reg. 11366, effective July 5, 2013; amended at 42 Ill. Reg. 13251, effective June 22, 2018; amended at 50 Ill. Reg. ______, effective ____________. Section 2030.30 Region II – Designated Restricted Boating Areas a) The following portions of the Calumet and Little Calumet Rivers are designated as Slow, No Wake areas: 1) An area from the O'Brien Locks to the Michigan Central Railroad Bridge (approximately mile 326.5 to 325.3). 2) An area around the Pier 11 Marina and the Lake Calumet Boat and Gun Club (approximately mile 323.2 to 323.1). 3) An area around the Maryland Manor Boat Club, Skipper's Marina, and Rentner Marina (approximately mile 323.0 to 322.5). 4) An Area around Triplex Marina (approximately mile 319.9 to 319.8). b) The following portions of the Des Plaines River are designated as Slow, No Wake areas: 1) An area around the Bay Hill Marina, Wilmington, Illinois (approximately mile 273.7), extending 150 feet out into the river and 300 feet both upstream and downstream from the center of the Marina. 2) An area around the Three Rivers Yacht Club, Wilmington, Illinois (approximately mile 273.7), extending 150 feet from the harbor entrance. 3) An area around Harborside Marina, Wilmington, Illinois (approximately mile 273.8), extending 500 feet both upstream and downstream of the Marina. c) The following portion of the Fox River is designated as a Slow, No Wake area: 1) An area within 150 feet upstream and downstream of the I-90 bridge. 2) An area within 1.25 miles downstream of the Stratton Lock. 3) An area within 1000 feet upstream and downstream of the Rawson Bridge. 4) An area within 700 feet upstream and downstream of the Fox River Forest Preserve North Public Boat Launch. 5) An area within 600 feet upstream and downstream of the Route 14 bridge. d) The following portions of Lake Michigan are designated as No Boat areas: 1) An area at North Point Marina, located off the northern breakwater, running the length of the beach parallel to the shoreline and 100 yards out into the lake. 2) An area at Illinois Beach State Park, located between the park office and the #3 bathhouse, running parallel to the shoreline and 70 yards out into the lake. e) It shall be unlawful to operate any watercraft with a motor larger than 10 horsepower on the waters of Griswold Lake in McHenry County. f) The following portions of the Kankakee River shall be designated as Slow, No Wake areas: 1) An area 100 yards upstream and 100 yards downstream from the River Isle hairpin curve that is approximately midway between Momence, Illinois and the Indiana border. 2) An area 100 yards upstream and 100 yards downstream of the hairpin curve created by the east side of Rudecki Island, which is approximately one mile west of River Isle. g) Fox River-Chain O'Lakes (Lake and McHenry Counties) 1) User Permit Sticker regulations of the Fox Waterway Agency are in full force and effect on those public waters under the Agency's jurisdiction. Failure to comply with those regulations constitutes a violation of this Section. 2) Night Speed Limit regulations of the Fox Waterway Agency are in full force and effect on those public waters under the Agency's jurisdiction. Failure to comply with those regulations constitutes a violation of this Section. (Source: Amended at 50 Ill. Reg. ______, effective ____________) DEPARTMENT OF REVENUE NOTICE OF PROPOSED AMENDMENTS