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Madison County, IL Environmental Rules: Boat Dock Permits (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Qualifying activity
Minor boat docks meeting IDNR/OWR Permit No. 5
Location
Mapped floodways in unincorporated Madison County
Alternative path
IDNR/OWR jurisdictional-streams permit or FEMA map revision
May also require
County development permit under § 94.05
Fine range
$50 to $750 per day, per offense
Governing ordinance
Ord. 2022-04, passed 7-7-2022

Summary

In unincorporated Madison County's mapped floodways, a minor boat dock counts as an approved development activity, exempt from the chapter's no-increase-in-flood-heights test, only if it meets the conditions of IDNR/OWR Statewide Permit Number 5 under § 94.06(A)(4). A dock that does not meet those state conditions still needs its own IDNR/OWR floodway permit or a FEMA map revision before it can be built.

These county ordinances apply to unincorporated areas of Madison County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

(A) Except as provided in division (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 or threat to public health and safety. The following specific development activities shall be considered as meeting this requirement: ... (4) Minor boat docks meeting the following conditions of IDNR/OWR Statewide Permit Number 5.

Full Breakdown

06 lists thirteen categories of floodway development that Madison County treats as compliant with the chapter's ban on activity that would raise flood heights or velocities, because each matches a corresponding statewide permit issued by the Illinois Department of Natural Resources, Office of Water Resources (IDNR/OWR). Minor boat docks fall under item (4), tied to IDNR/OWR Statewide Permit Number 5; other listed activities include bridge and culvert crossings (Permit 2), aerial utility crossings (Permit 4) and underground utility crossings (Permit 8), bank stabilization (Permit 9), and minor non-obstructive work such as driveways and light poles (Permit 6).

05 if the dock otherwise qualifies as development in the floodplain. 06(B) if the owner obtains an IDNR/OWR jurisdictional-streams permit, or written confirmation none is required, or if FEMA approves a revision to the regulatory flood map and base flood elevation. 06(A)(13).

Violations & Fines

A boat dock or other floodway project built without meeting either the listed statewide permit conditions or the alternative approval path in § 94.06(B) is a violation of Chapter 94. The Zoning Administrator investigates and gives written notice; an owner who does not fix the violation within ten days faces a Circuit Court injunction and a fine of $50 to $750 per day under § 94.99, plus a recorded notice of violation on the property's title.

Frequently Asked Questions

Do I need a state permit to build a boat dock in a Madison County floodway?
Yes. Under § 94.06(A)(4), a minor boat dock in a mapped floodway is treated as compliant with the county's flood-height rules only if it meets the conditions of IDNR/OWR Statewide Permit Number 5. Docks that do not meet those conditions need a separate IDNR/OWR floodway permit or FEMA approval of a map revision before construction.
Does meeting the state boat dock permit replace the county development permit?
No. Section 94.06 only exempts a qualifying dock from the chapter's ban on flood-height increases; the property owner may still need a separate development permit from the Zoning Administrator under § 94.05 if the dock is development within the mapped floodplain.
What if my dock doesn't meet IDNR/OWR Permit Number 5?
Under § 94.06(B), the county can still allow it if you obtain an IDNR/OWR permit for the jurisdictional stream, get written confirmation no permit is required, or secure FEMA approval of a revised flood map and base flood elevation for the site.

Sources & Official References

Other rules in Madison County

All Madison County rules

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