The Planning and Zoning Commission approved a text amendment July 28 to the floodway conservation overlay regulations that requires applicants to obtain an Illinois Department of Natural Resources (IDNR) permit or a local floodplain development permit — and documentary proof that a project will not increase flood levels — before the village will process a variance.

Staff said the floodway conservation overlay applies in the Shore Drive area, where repetitive flood damage has led to removal of several homes. Current code already states variances should not be granted for construction that would cause a measurable increase in flood levels; the amendment clarifies the procedural order by requiring applicants to secure the IDNR or local permit first so staff will have the documentation showing whether a project will impact flood levels.

The staff explanation noted the IDNR will not issue permits for projects that increase flood levels, and that applicants sometimes pursue the local variance first because the local variance application is less costly and quicker. The amendment intends to cut that confusion and reduce wasted applications by making the IDNR or local permit the first step.

Commissioners asked for geographic clarification; staff said the overlay is in the Shore Drive area on the riverside, including lots north and some south of the bridge. Staff also clarified the amendment applies to new construction, fences, sheds and similar additions in the floodway; remodeling has separate rules and is not treated the same under the overlay. One commissioner said the rule has been in place for more than 13 years.

Commissioner Pfluger recused from the vote because they own property in the overlay area. The remaining commissioners voted to approve the text amendment. Staff said the amendment should make the permitting sequence clearer for applicants and reduce applications that cannot meet IDNR standards.