FLOOD CONTROL

Municipal Code of Chicago tit. 16, ch. 16-6

in effect

Municipal Code of Chicago § 16-6-010 Definitions.

16-6-010 Definitions. Unless defined in this section, words or phrases used in this chapter shall have the meanings they have in common usage. Whenever used in this chapter, the following words and phrases shall have the following meanings: (a) "Base flood" or "100-year flood" means the flood having one percent probability of being equaled or exceeded in any given year. (b) "Base flood elevation" shall be as provided in Section 16-6-045. (c) "Basement" means any area of a building having its floor subgrade (below ground level) on all sides. (c-1) "Breakaway wall" means a wall that is not part of the structural support of a building and is intended through its design and construction to collapse under specific lateral loading forces without causing damage to the elevated portion of the building or supporting foundation system. (d) "Building" means any structure built for the support, shelter, or enclosure of persons, animals, chattels, or movable property of any kind; a gas or liquid storage tank; a manufactured home or a prefabricated building. "Building" also includes recreational vehicles to be installed on a site for more than 180 days. (d-1) "Coastal high hazard area" means an area of special flood hazard extending from offshore to the inland limit of a primary frontal dune along an open coast, and any other area subject to high velocity wave action from storms or seismic sources. A coastal high hazard area is identified on the F.I.R.M. by the designation of Zone VE. (e) "Development" means any man-made change to improved or unimproved real estate, including but not limited to: (i) Constructing, reconstructing or placing a building or any addition to a building, if the work is valued at more than $1,000.00; (ii) Installing a manufactured home on a site, preparing a site for a manufactured home, or installing a recreational vehicle on a site for more than 180 days; (iii) Installing utilities, construction of roads, or similar projects; (iv) Drilling, mining, filling, dredging, grading, excavating or other nonagricultural alterations of the ground surface; (v) Storing materials; (vi) Any other activity that might change the direction, height, or velocity of flood or surface waters, including filling of waters below the base flood elevation. "Development" does not include routine maintenance of existing buildings and facilities; resurfacing roads; or gardening, plowing and similar practices that do not involve filling, grading, or construction of levees. (f) "Elevation" means the actual elevation of a site, in the same reference datum as provided on the F.I.R.M. (g) "F.E.M.A." means the Federal Emergency Management Agency or its successor agencies. (h) "Flood" or "flooding" means those surface waters causing a general and temporary condition of inundation of normally dry land areas from the overflow, the unusual and rapid accumulation, or the runoff of such surface waters from any source. (h-1) "Flood fringe" means that portion of a Zone A or Zone AE floodplain that is outside of the floodway. (i) "Flood Insurance Rate Map" or "F.I.R.M." means the most recently published map on which F.E.M.A. has delineated both the areas of special flood hazards and the risk premium zones applicable to portions of the City of Chicago. The F.I.R.M. shall be kept on file by the Commissioner of Buildings. Before adopting the most recent published version of the F.I.R.M., said Commissioner shall give a minimum of fifteen days' notice of the proposed adoption in accordance with Section 14A-1-104.4. Said notice shall state the City's intent to adopt the F.I.R.M., shall solicit public comment and provide an address to where any such comment may be sent, and shall state how a person may obtain a copy of the proposed F.I.R.M. to be adopted. (j) "Flood Insurance Study" or "F.I.S." means a study published by F.E.M.A. containing flood profiles and other information regarding the flood risk to the city. The date of the most recent F.I.S. shall be set forth by regulation. (k) "Floodway" means that portion of the special flood hazard area ("S.F.H.A.") required to store and convey the base flood. All floodways shall be as shown on the F.I.R.M. (l) "Flood protection elevation" or "F.P.E." means the base flood elevation plus one foot at any given location in the S.F.H.A. (m) "I.D.N.R./O.W.R." means the Illinois Department of Natural Resources, Office of Water Resources and its successor agencies. (n) "Issuing department" means any department or agency of the city government responsible for reviewing an application for permits for any development, or for reviewing the adequacy of any development under the municipal code. (n-1) "Limit of moderate wave action" or "LiMWA" means a line shown on a F.I.R.M. to indicate the inland limit of the 1.5-foot breaking wave height during the base flood. (o) "Manufactured home" means a structure, transportable in one or more sections which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "manufactured home" does not include a "recreational vehicle". (o-1) "Moderate wave action area" or "MoWA" is a special flood hazard area subject to the potential for breaking wave heights of greater than or equal to 1.5 feet but less than 3 feet, where the primary source of flooding is astronomical tides, storm surges, seiches, or tsunamis. A MoWA is an area within Zone AE on a F.I.R.M. that is between the inland limit of Zone VE and a LiMWA, where identified. (p) "National Flood Insurance Program" or "N.F.I.P." means the federal program that allows property owners in certain communities to purchase federally backed flood insurance. (q) "Permit" means any permit or license issued by the City of Chicago and required for any development. (r) "Recreational vehicle" means a vehicle which is (1) built on a single chassis: (2) 400 square feet or less when measured at the largest horizontal projection: (3) designed to be self-propelled or permanently towable by a light-duty truck: and (4) designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel or seasonal use. (s) "Riverine" means relating to, formed by, or resembling a river (including tributaries), stream or brook. (t) "Riverine S.F.H.A." means any S.F.H.A. subject to flooding from a river, creek, intermittent stream, ditch, or any other identified channel. This term does not include areas subject to flooding from lakes (except public bodies of water), ponding areas, areas of sheet flow, or other areas not subject to overbank flooding. (u) "Site" means a zoning lot or tract of land identified in a permit application by its owner or developer as a single tract to be used, developed or built upon as a unit, under single ownership or control. (v) "Special flood hazard area" or "S.F.H.A." means land subject to inundation by the base flood as delineated on the F.I.R.M. (Added Coun. J. 6-28-91, p. 2766; Amend Coun. J. 6-29-05, p. 51811, § 1; Amend Coun. J. 11-16-11, p. 13798, Art. II, § 6; Amend Coun. J. 7-21-21, p. 33505, § 1)

Municipal Code of Chicago § 16-6-020 Compliance with chapter.

16-6-020 Compliance with chapter. No development in the S.F.H.A. shall be commenced, continued or altered except in compliance with the terms of this chapter and all other applicable law. The requirements of this chapter shall be in addition to all other provisions of this Code applicable to the issuance of a permit. (Added Coun. J. 6-28-91, p. 2766)

Municipal Code of Chicago § 16-6-030 Review of applications.

16-6-030 Review of applications. On receipt of a permit application, an issuing department shall either ensure that the application has been reviewed by the zoning administrator or determine whether the development is in the S.F.H.A. If the zoning administrator or the commissioner of the issuing department determines that the proposed site of the development may be within the S.F.H.A., he shall inscribe "Flood Hazard Area" in permanent ink on the face of the application and deliver it to the commissioner of buildings for S.F.H.A. site confirmation and establishment of the F.P.E. No permit shall be issued for the proposed development until the requirements of this chapter have been met, and no development in the S.F.H.A. shall commence until the required permits are obtained. (Added Coun. J. 6-28-91, p. 2766; Amend Coun. J. 12-11-91, p. 10978; Amend Coun. J. 11-16-11, p. 13798, Art. II, § 6)

Municipal Code of Chicago § 16-6-040 Additional information required.

16-6-040 Additional information required. (a) On being advised that a permit application is subject to flood control requirements, the issuing department shall require the applicant to submit the following information, which the issuing department shall transmit to the commissioner of buildings, to the extent not included in the original application, as an additional condition to issuance of the requested permit: (i) Design drawings of the site, drawn to scale showing the property line dimensions; (ii) Existing grade elevations and all changes in grade resulting from excavation or filling in connection with the proposed development; (iii) The location and dimensions of all buildings, additions to buildings and other structures to be added to the site in connection with the development; (iv) The elevation of the lowest floor (including basement) of all proposed buildings subject to the requirements of Section 16-6-060 of this chapter; and (v) Upon request, certification by a registered professional engineer that the proposed development complies with the requirements of this chapter. (b) Applicants filing applications for manufactured home parks, annexation agreements, planned developments, subdivisions, and additions to manufactured home parks and subdivisions, which are greater than five acres or five zoning lots, whichever is lesser, shall furnish to the commissioner of planning and development: (i) A signed statement by a registered professional engineer that the plat or plan accounts for changes in the drainage of surface waters in accordance with the Illinois Plat Act, as amended. A copy of the statement shall be provided to the commissioner of water management for review and approval; (ii) Base Flood Elevation Data. Where base flood elevation is not available from an existing study filed with the I.D.N.R./O.W.R., the applicant shall be responsible for calculating the base flood elevation and submitting it to the I.D.N.R./O.W.R. and to F.E.M.A. for review and approval. (Added Coun. J. 6-28-91, p. 2766; Amend Coun. J. 12-11-91, p. 10978; Amend Coun. J. 6-29-05, p. 51811, § 1; Amend Coun. J. 11-19-08, p. 47220, Art. VII, § 1; Amend Coun. J. 11-17-10, p. 106597, Art. IX, § 10; Amend Coun. J. 11-16-11, p. 13798, Art. II, § 6; Amend Coun. J. 11-8-12, p. 38872, § 240; Amend Coun. J. 11-26-13, p. 67481, Art. I, § 26)

Municipal Code of Chicago § 16-6-045 Base flood elevation.

16-6-045 Base flood elevation. For purposes of this chapter, the base flood elevation shall be determined as follows: (a) The base flood elevation for riverine floodplains shall be as delineated on the base flood profiles in the F.I.S. (b) The base flood elevation for each floodplain delineated as an "AH Zone" or "AO Zone" shall be the elevation (or depth) specified on the F.I.R.M. (c) The base flood elevation for each of the remaining floodplains delineated as "A Zones" on the F.I.R.M. shall be as specified on the F.I.R.M. or, if no flood elevation is specified on the F.I.R.M., the applicant shall finance an engineering study and submit the resulting study to F.E.M.A. and I.D.N.R./O.W.R. for review and approval. (d) The base flood elevation for any floodplain delineated as a "VE Zone" shall be the highest elevation specified on the F.I.R.M. among all zones affecting the development. (e) Where the permit applicant disagrees with the base flood elevation established pursuant to subsections (a) through (d), the permit applicant may obtain, at the permit applicant's sole expense, an engineering study and submit the resulting study to F.E.M.A. and I.D.N.R./O.W.R. for review and approval. (Added Coun. J. 7-21-21, p. 33505, § 2)

Municipal Code of Chicago § 16-6-050 Preventing increased flood heights and resulting damage.

16-6-050 Preventing increased flood heights and resulting damage. Within the floodway, and within all other S.F.H.A.s where a floodway has not been delineated, the following standards shall apply: (a) Except as provided in subsection (b) of this section, no development shall be allowed which, acting in combination with existing and anticipated development, will cause any increase in flood heights or velocities. The following specific development activities shall be considered as meeting this requirement: (i) Barge fleeting facilities meeting the conditions of I.D.N.R./O.W.R. Statewide Permit Number 3; (ii) Aerial utility crossings meeting the conditions of I.D.N.R./O.W.R. Statewide Permit Number 4; (iii) Minor boat docks meeting the conditions of I.D.N.R./O.W.R. Statewide Permit Number 5; (iv) Minor, non-obstructive activities meeting the conditions of I.D.N.R./O.W.R. Statewide Permit Number 6; (v) Outfall structures and drainage ditch outlets meeting the conditions of I.D.N.R./O.W.R. Statewide Permit Number 7; (vi) Underground pipeline and utility crossings meeting the conditions of I.D.N.R./O.W.R. Statewide Permit Number 8; (vii) Bank stabilization projects meeting the conditions of I.D.N.R./O.W.R. Statewide Permit Number 9; (viii) Accessory structures and additions to existing residential buildings meeting the conditions of I.D.N.R./O.W.R. Statewide Permit Number 10; (ix) Minor maintenance dredging activities meeting the conditions of I.D.N.R./O.W.R. Statewide Permit Number 11; \ (x) Bridge and culvert replacement structures and bridge widening meeting the conditions of I.D.N.R./O.W.R. Statewide Permit Number 12; (xi) Temporary construction activities meeting the conditions of I.D.N.R./O.W.R. Statewide Permit Number 13: and (xii) Any development determined by I.D.N.R./O.W.R. to be located entirely in a flood fringe area. (b) Other development activities not listed in subsection (a) of this section may be permitted only if: (i) A permit has been issued for the work by I.D.N.R./O.W.R. (or written documentation is provided that an I.D.N.R./O.W.R. permit is not required); and (ii) Sufficient data has been provided to F.E.M.A. under the map revision process and a CLOMR/LOMR has been obtained from F.E.M.A. when necessary. (Added Coun. J. 6-28-91, p. 2766; Amend Coun. J. 6-29-05, p. 51811, § 1; Amend Coun. J. 7-21-21, p. 33505, § 3)

Municipal Code of Chicago § 16-6-055 Site development requirements applicable to Zone VE.

16-6-055 Site development requirements applicable to Zone VE. In Zone VE, all development must meet the following requirements: (a) The use of fill for structural support of buildings is prohibited. (b) Non-structural fill shall be permitted only if an engineering report demonstrates that the fill will not cause runup, ramping, or deflection of floodwaters that cause damage to buildings. (c) Man-made alterations of sand dunes are prohibited unless an engineering report documents that the alterations will not increase potential flood damage by reducing the wave and flow dissipation characteristics of the sand dunes. (d) Bulkheads, seawalls, revetments, and other erosion control structures shall not be connected to the foundation or superstructure of a building and shall be designed and constructed so as not to direct floodwaters or increase flood forces or erosion impacts on the foundation or superstructure of any building. (Added Coun. J. 7-21-21, p. 33505, § 4)

Municipal Code of Chicago § 16-6-060 Protection of buildings.

16-6-060 Protection of buildings. In addition to the requirements of Section 16-6-050, a building located in the S.F.H.A. shall be protected from flood damage below the F.P.E. in accordance with Section 16-6-070 or Section 16-6-071, as applicable, if any of the following applies: (a) Construction or placement of a new building is valued at more than $1,000.00; (b) Structural alterations made to an existing building increase the floor area by more than 20 percent, or the market value of the building by more than 50 percent; (c) Reconstruction or repairs made to a damaged building are valued at or more than 50 percent of the market value (or depreciated replacement value, if no applicable market value) of the building before the damage occurred; (d) A manufactured home is installed on a new site or a new manufactured home is installed on an existing site; this requirement does not apply to returning a manufactured home to the same site it lawfully occupied before it was removed to avoid flood damage; and (e) The building is a recreational vehicle installed on a site for more than 180 days. (Added Coun. J. 6-28-91, p. 2766; Amend Coun. J. 6-29-05, p. 51811, § 1; Amend Coun. J. 7-21-21, p. 33505, § 5)

Municipal Code of Chicago § 16-6-070 Means of protection.

16-6-070 Means of protection. Buildings located in Zones A, AO, AH or AE that are subject to Section 16-6-060 must meet the protection requirements described in this section. (a) If a building is constructed on a permanent landfill: (i) The fill shall be placed in layers no more than six inches deep before compaction and shall extend at least ten feet beyond the outside of the wall of the existing or proposed building; (ii) The fill shall be protected against erosion and scour by vegetative cover, riprap or other structural measure; (iii) The fill shall be homogeneous and isotropic; (iv) The fill shall not adversely affect the flow of surface drainage from or onto the property; (v) The foundation and supporting members shall be anchored and aligned in relation to flood flows and adjoining structures so as to minimize exposure to known hydrodynamic forces such as current, waves, ice and floating debris; (vi) All areas below the F.P.E. shall be constructed of materials resistant to flood damage. The lowest floor (including basement) and all electrical, heating, ventilating, plumbing and air conditioning equipment and utility meters shall be located at or above the F.P.E. water and sewer pipes, electrical and telephone lines, submersible pumps and other waterproofed service facilities may be located below the F.P.E. (b) If a building is elevated: (i) The building improvements shall be elevated on posts, piers, piles, walls, or other foundation that is permanently open to flood waters. (ii) The foundation and supporting members shall be anchored and aligned in relation to flood flows and adjoining structures so as to minimize exposure to known hydrodynamic forces such as current, waves, ice and floating debris; (iii) All areas below the F.P.E. shall be constructed of materials resistant to flood damage. The lowest floor (including basement) and all electrical, heating, ventilating, plumbing and air conditioning equipment and utility meters shall be located at or above the F.P.E. water and sewer pipes, electrical and telephone lines, submersible pumps and other waterproofed service facilities may be located below the F.P.E. (iv) If walls are used, all enclosed areas below the flood protection elevation shall address hydrostatic pressures by allowing the automatic entry and exit of floodwaters. Designs must either be certified by a registered professional engineer or by having a minimum of one permanent opening on at least two different walls no more than one foot above grade. The openings shall provide a total net area of not less than one square inch for every one square foot of enclosed area subject to flooding below the base flood elevation. (v) Any area below the F.P.E. shall be used solely for parking, building access or storage and shall not later be converted to habitable space or other uses. (c) A nonresidential building not built on permanent landfill and not elevated shall be floodproofed in accordance with the following: (i) A registered professional engineer shall certify that the building has been designed so that below the F.P.E., the structure and attendant utility facilities are watertight and capable of resisting the effect of the base flood. The building design shall take into account flood velocities, duration, rate of rise, hydrostatic and hydrodynamic forces, the effects of buoyancy, and impacts from debris and ice; (ii) Floodproofing measures shall be operable without human intervention and without an outside source of electricity. (d) A recreational vehicle is to be installed on a site for more than 180 days, or a manufactured home, shall be elevated at or above the F.P.E. and anchored to resist flotation, collapse or lateral movement by being tied down in accordance with the rules and regulations issued pursuant to the Illinois Home Tie-Down Act, as amended. (Added Coun. J. 6-28-91, p. 2766; Amend Coun. J. 6-29-05, p. 51811, § 1; Amend Coun. J. 7-21-21, p. 33505, § 6)

Municipal Code of Chicago § 16-6-071 Means of protection in Zone VE.

16-6-071 Means of protection in Zone VE. Buildings located in Zone VE that are subject to Section 16-6-060 must meet the protection requirements described in this section. (a) All new construction and substantial improvements shall be elevated on pilings or columns so that the bottom of the lowest horizontal structural member of the lowest floor (excluding the pilings or columns) is elevated to or above the F.P.E., and the pile or column foundation and structure attached thereto is anchored to resist flotation, collapse, and lateral movement due to the effects of wind and water loads acting simultaneously on all building components. (i) Water loading values used shall be those associated with the base flood. (ii) Wind loading values shall determined in accordance with Title 14B. (b) A licensed structural engineer or architect shall develop or review the structural design, specifications and plans for the construction, and shall certify that the design and methods of construction to be used are in accordance with accepted standards of practice for meeting the provisions of Section 16-6-071(a). (c) All new construction and substantial improvements shall have the space below the lowest floor either free of obstruction or constructed with non-supporting breakaway walls, open wood lattice-work, or insect screening intended to collapse without causing collapse, displacement, or other structural damage to the elevated portion of the building or supporting foundation system. (i) For the purpose of this section, a breakaway wall shall have a design safe loading resistance of not less than 10 and no more than 20 pounds per square foot. (ii) Use of breakaway wails which exceed a design safe loading resistance of 20 pounds per square foot shall be allowed only if a licensed structural engineer or architect certifies that the designs proposed meet all of the following conditions: (A) Breakaway wall collapse shall result from a water load less than that which would occur during the base flood; and (B) The elevated portion of the building and supporting foundation system shall not be subject to collapse, displacement, or other structural damage due to the effects of wind and water loads acting simultaneously on all building components (structural and non-structural). Water loading values shall be those associated with the base flood. Wind loading shall be as specified in Title 14B. (iii) All space enclosed by breakaway walls, open wood lattice-work, or insect screening below the lowest floor shall be used solely for parking of vehicles, building access, or storage. (d) Placement or substantial improvement of manufactured homes must comply with Section 16-6-071(a) through (c). (e) Recreational vehicles must either: (i) Be on site for fewer than 180 consecutive days; (ii) Be fully licensed and ready for highway use; or (iii) Comply with Section 16-6-071(a) through (c). (Added Coun. J. 7-21-21, p. 33505, § 7)

Municipal Code of Chicago § 16-6-075 Subdivision and other development requirements.

16-6-075 Subdivision and other development requirements. (a) All new subdivisions, manufactured home parks, annexation agreements, planned unit developments, and additions to existing manufactured home parks and subdivisions within the S.F.H.A. shall meet the standards of Sections 16-6-050 and 16-6-060. (b) No development within the S.F.H.A. shall include locating or storing of chemicals, explosives, buoyant materials, flammable liquids, pollutants, or other hazardous or toxic materials below the flood protection elevation unless such materials are stored in a floodproofed and anchored storage tank and certified by a professional engineer or are within a floodproofed non-residential building constructed in accordance with the requirements of Section 16-6-060. (c) Public utilities and facilities such as sewer, gas and electric shall be located and constructed to minimize or eliminate flood damage. (d) Public sanitary sewer systems and water supply systems shall be located and constructed to minimize or eliminate infiltration of flood waters into the system and discharges from the system into flood waters. (e) New and replacement on-site sanitary sewer lines or waste disposal systems shall be located and constructed to avoid impairment to them or contamination from them during flooding conditions. (f) Sanitary sewer manholes or other above- ground openings located below the F.P.E. shall be watertight. (g) All other development within the S.F.H.A. shall be designed so as to not alter or block flood flows or increase the potential for flood damages. (h) In Zone AO and AH, drainage paths shall be provided around buildings on sloped ground to guide water around and away from the buildings. (Added Coun. J. 6-29-05, p. 51811, § 1; Amend Coun. J. 7-21-21, p. 33505, § 8)

Municipal Code of Chicago § 16-6-080 Duties of issuing departments.

16-6-080 Duties of issuing departments. The head of each issuing department shall have the following duties and responsibilities: (a) Ensure that all developments within the S.F.H.A. meet the requirements of this chapter, and attach to permit(s) evidence that the plans for such projects have been reviewed and approved as to compliance with this chapter; (b) Identify any floodplain development application within the S.F.H.A. which has not previously been reviewed by the zoning administrator and notify the commissioner of the buildings; (c) Determine, after receipt of comments by the commissioner of buildings, any request for a variance from the requirements of this chapter, pursuant to the authority of the issuing department; (d) Assure that construction authorization has been granted by I.D.N.R./O.W.R. for all development projects subject to this chapter, requiring such authorization and maintain a record thereof; (e) Provide the commissioner of buildings copies of all development permits issued by their department for all development or sites within the S.F.H.A., necessary I.D.N.R./O.W.R. permits, and evidence that the plans for such projects have been reviewed and approved as to compliance with this chapter; (f) Provide information and assistance to residents upon request about permit procedures and floodplain construction techniques. (g) Require that all necessary state and federal agency permits are obtained. (Added Coun. J. 6-28-91, p. 2766; Amend Coun. J. 12-11-91, p. 10978; Amend Coun. J. 6-29-05, p. 51811, § 1; Amend Coun. J. 11-16-11, p. 13798, Art. II, § 6; Amend Coun. J. 1-27-21, p. 26741, Art. II, § 16)

Municipal Code of Chicago § 16-6-090 Duties of the building commissioner.

16-6-090 Duties of the building commissioner. The building commissioner shall have the following additional duties and responsibilities: (a) Maintain records of all certified registered engineers' certificates and the "as built" floodproofed elevation of all buildings subject to this chapter; (b) Maintain records of all "as built" elevations of the lowest floor (including basement) of all buildings subject to this chapter. (Added Coun. J. 6-28-91, p. 2766; Amend Coun. J. 12-11-91, p. 10978; Amend Coun. J. 3-5-03, p. 104990, § 46; Amend Coun. J. 6-29-05, p. 51811, § 1; Amend Coun. J. 11-13-07, p. 14999, Art. II, § 1)

Municipal Code of Chicago § 16-6-100 Duties of the commissioner of buildings.

16-6-100 Duties of the commissioner of buildings. (a) The commissioner of buildings shall have the following duties and responsibilities: Inspect and monitor all development projects within the S.F.H.A. for which the department has issued a development permit, to assure compliance with the provisions of this chapter; (b) Review all development applications submitted by the zoning administrator and notify other issuing departments as to those applications which fall within the S.F.H.A.; (c) Compare the elevation of the site to the base flood elevation for all developments located within the S.F.H.A.; (d) Maintain records of proposed developments within the S.F.H.A.; (e) Receive from the issuing departments copies of all development permit applications, permits, and as- built certifications reviewed by the departments of developments that fall within the S.F.H.A., maintain a file of all such copies received, and submit reports of such permits to F.E.M.A.; (f) Coordinate with state and federal agencies to improve base flood and floodway data, and to improve the administration of this chapter; (g) Notify all issuing departments of proposed development projects within the S.F.H.A., and coordinate review by the departments of such projects; (h) Notify all issuing departments of receipt of any revised F.E.M.A. maps or other relevant data, maintain them on file and distribute copies to the issuing departments; (i) Maintain for public inspection base flood data, S.F.H.A. maps, copies of federal and state permit documents and "as built" elevation and floodproofing data for all buildings constructed subject to this chapter; (j) Upon notification by the issuing department considering a variance request, respond in writing to the variance in terms of the requirements of this chapter; and (k) Notify affected adjacent communities of watercourse alterations and relocations. (Added Coun. J. 6-29-05, p. 51811, § 1; Amend Coun. J. 11-16-11, p. 13798, Art. II, § 6)

Municipal Code of Chicago § 16-6-105 Reserved. Editor's note – Coun. J. 6-6-12, p. 28356, § 46, repealed § 16-6-105, which pertained to the duties of the commissioner of the environment.

Municipal Code of Chicago § 16-6-110 Work performed by city.

16-6-110 Work performed by city. Development projects located within the S.F.H.A. and performed by the city shall not commence unless the commissioner of buildings has received notice and a description of the proposed project containing the information described in Section 16-6-040 and has determined that the development complies with all terms of this chapter. (Added Coun. J. 6-28-91, p. 2766; Amend Coun. J. 12-11-91, p. 10978; Amend Coun. J. 11-16-11, p. 13798, Art. II, § 6)

Municipal Code of Chicago § 16-6-120 General considerations.

16-6-120 General considerations. The City of Chicago shall take into account flood hazards, to the extent that they are known, in all official actions related to land management, use and development. (Added Coun. J. 6-28-91, p. 2766)

Municipal Code of Chicago § 16-6-130 Variances.

16-6-130 Variances. (a) Whenever the standards of this chapter place undue hardship on a specific development proposal, any person may apply for a variance from the requirements of this chapter. Application for a variance from any requirement of this chapter shall be made to the commissioner of the issuing department with jurisdiction for that requirement. The commissioner of the issuing department shall notify the applicant in writing that a variance from the requirements of this chapter will have the following consequences: (i) Result in increased premium rates for flood insurance up to amounts that may be as high as $25.00 for $100.00 of insurance coverage; (ii) Increase the risks to life and property; and (iii) Require that the applicant acknowledge in writing that the applicant has knowledge of these risks and that the applicant assumes all of the risk and liability entailed in proceeding subject to the variance. (b) No variance shall be granted unless the applicant demonstrates that: (i) The development activity cannot be located outside the S.F.H.A.; (ii) An exceptional hardship would result if the variance were not granted; (iii) The relief requested is the minimum necessary; (iv) There will be no additional threat to public health or safety, nor the creation of a nuisance if the variance is granted; (v) There will be no additional public expense for flood protection, rescue or relief operations, policing, or repairs to roads, utilities, or other public facilities. (c) The commissioner of an issuing department shall submit the request to the commissioner of planning for review and comment, and shall consider the written comments received from the commissioner of planning in granting or denying the variance. (d) Variances to the building protection requirements of this chapter requested in connection with the reconstruction, repair or alteration of a site or building included on the National Register of Historic Places or the Illinois Register of Historic Places may be granted using criteria more permissive than the requirements of subsection (b) of this section. (Added Coun. J. 6-28-91, p. 2766)

Municipal Code of Chicago § 16-6-140 Review of elevations.

16-6-140 Review of elevations. Upon receipt of proper documentation indicating that land is higher than the base flood elevation as of the date of the site's first F.I.R.M. identification, the Commissioner of Buildings may determine that the site is not subject to the requirements of this chapter unless the site is within a mapped floodway or Zone VE. (Added Coun. J. 6-28-91, p. 2766; Amend Coun. J. 12-11-91, 10978; Amend Coun. J. 11-16-11, p. 13798, Art. II, § 6; Amend Coun. J. 7-21-21, p. 33505, § 9)

Municipal Code of Chicago § 16-6-150 Penalties.

16-6-150 Penalties. (a) Failure to obtain a permit for development in the S.F.H.A. or failure to comply with the requirements of a permit or conditions of a variance resolution issued pursuant to this chapter, or failure to otherwise comply with the provisions of this chapter, is hereby declared to be an abatable nuisance. Upon due investigation, the city shall notify the owner in writing of the violation, and that the violation is considered a willful act to increase flood damages and may result in suspension or revocation of the coverage afforded by a standard flood insurance policy. (b) If the owner fails after ten days of the issuance of notification of the violation to correct the violation, the corporation counsel may file an appropriate action in the appropriate court for an injunction, requiring conformance with this chapter, and for a fine for violations of the chapter, and to obtain any other relief as the court deems necessary to secure compliance with this chapter. (c) Any person who violates this chapter shall upon conviction be fined not less than $200.00 nor more than $500.00 for each violation of this chapter. A separate and distinct offense shall be deemed committed for each day a violation occurs or is allowed to remain. Nothing herein shall prevent the city from taking such other lawful action to prevent or remedy any violations. All costs connected with enforcing this chapter shall accrue to the person or persons responsible. (Added Coun. J. 6-28-91, p. 2766)

Municipal Code of Chicago § 16-6-160 Other restrictions on land use.

16-6-160 Other restrictions on land use. Whenever the terms of this chapter conflict with the terms of any easement, covenant or other recorded restriction on the use of land, the term more restrictive of development in the S.F.H.A. will prevail. (Added Coun. J. 6-28-91, p. 2766)

Municipal Code of Chicago § 16-6-170 Disclaimer of liability.

16-6-170 Disclaimer of liability. Nothing in this chapter creates or constitutes any warranty or representation, express or implied, that any development whether located inside or outside the S.F.H.A. will not be affected by flooding or damage. Nothing in this chapter abrogates or affects in any way the application of the Local Governmental and Governmental Employees Tort Immunity Act, as amended, to decisions of the city, its officers, employees or agents in the enforcement or administration of this chapter. (Added Coun. J. 6-28-91, p. 2766)

Source: City of Chicago, Municipal Code of Chicago (American Legal Publishing, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/chicago/latest/chicago_il/0-0-0-2680313Fetched: 10/24/2026