BACKGROUND: For various reasons several sections of Chapter 66 require updating. Some of the reasons are to update definitions, job titles, minor State of Illinois regulatory changes and other insignificant items. These reasons are self explanatory and not addressed in this memo. Additionally, Northwater Consulting, the City’s Watershed Management Plan consultant, recommends the inclusion of additional lake management and protection regulations. An overview of these regulations was presented to the City Council by Northwater Consulting in May of 2021.
Chapter 66 is currently 37 pages long which makes it difficult for the public and City staff to find specific boat and dock regulations. Therefore the proposed Chapter 66 amendments separate it into 3 separate codes:
Chapter 66 Regulation of Lake Decatur
Chapter 66.1 Regulation of Lake Decatur Boating
Chapter 66.2 Regulation of Lake Decatur Docks
A summary of the major amendments by chapter and section number is listed below:
CHAPTER 66 – Regulation of Lake Decatur
Section 4.B. – Over many decades, property owners adjacent to City owned lake property have made minor and major improvements on the City owned property. Some improvements have been properly permitted and some have not. To enhance lake management and protection, Northwater Consulting recommends that the City expand the list of improvements requiring permitting. These improvements are listed in Section 4.B.
Section 4.C. – Enhances the City’s ability to remediate lake shoreline erosion on non-City owned property.
Section 20. – Currently this section allows blinds and pits to be used for waterfowl hunting although no permitted hunters use pits on City owned lake property. Since pits are shallow excavations that would negatively impact the environmental and aesthetic quality of the City property, it is recommended that they no longer be allowed.
Section 30. – This section has been simplified and amended to include numerous changes to State of Illinois fishing regulations since 2012. Since these changes are already regulated and enforced by the State, they do not alter what Lake Decatur fishermen are already required to abide by.
Section 35 – Due to significant increases to the Consumer Price Index in 2021 and 2022, language has been added to this section so that the City Council must authorize any annual Lake Decatur permit fee increase that is 5% or higher.
CHAPTER 66.1 – Regulation of Lake Decatur Boating
Section 4.S. – Changes the boat no wake speed limit from “10:00 P.M. to sunrise” to “1 hour after sunset to sunrise”. This change was recommended by the Illinois Department of Natural Resources District Conservation Police Officer for safety reasons. The change also automatically adjusts seasonally so that boaters have more time to travel at greater than wake speed in the summer when days are longer. The change is also similar to Lake Springfield and Lake Bloomington regulations.
Section 15 – Due to significant increases to the Consumer Price Index in 2021 and 2022, language has been added to this section so that the City Council must authorize any annual Lake Decatur permit fee increase that is 5% or higher.
CHAPTER 66.2 – Regulation of Lake Decatur Docks
Section 2.C. – Currently this section allows property owners adjacent to Lake Decatur to grant up to 3 easements to property owners within 500 feet of the lake to construct boat docks. In order to enhance economic development near the lake, it is proposed that property owners adjacent to the lake may grant up to 2 easements to property owners within 1,200 feet of the lake. Northwater Consulting recommends the discontinuance of these easements to conserve the lake’s shoreline and aesthetics, therefore the number of easements is proposed to be reduced from 3 to 2.
Section 2.D. – Currently there are no boat dock length and width dimension restrictions. In order to conserve the lake’s shoreline and aesthetics, Northwater Consulting recommends that reasonable dimensions be enacted. The dimensions are similar to Lake Springfield regulations.
Section 2.W. – Prohibits the use of docks for living quarters or places of residence.
Section 2.X. – In unincorporated areas adjacent to the lake, this section requires that initial or new dock permits not be allowed unless the unincorporated property adjacent to the proposed dock is annexed into the City, unless the City Manager or designee determines in writing that the unincorporated property does not require annexation.
Section 8 – Due to significant increases to the Consumer Price Index in 2021 and 2022, language has been added to this section so that the City Council must authorize any annual Lake Decatur permit fee increase that is 5% or higher.