2023 Illinois Compiled Statutes › Chapter 505 - AGRICULTURE › 505 ILCS 35/ - Illinois Conservation Enhancement Act. › Article I - General Provisions

(505 ILCS 35/Art. I heading)
ARTICLE I.  
		GENERAL PROVISIONS.
(505 ILCS 35/1-1) (from Ch. 5, par. 2401-1)
Sec. 1-1. 
		Short title. 
		This Act may be
cited as the Illinois Conservation Enhancement Act.
(Source: P.A. 85-960; 86-1475.)
(505 ILCS 35/1-2) (from Ch. 5, par. 2401-2)
Sec. 1-2. 
		Purpose and policy. 
		This Act creates 2 major programs,
the Save Illinois Topsoil Program and the Illinois
Natural Resource Enhancement Program.  It is the purpose of this Act that
certain marginal agricultural land be kept or taken out of crop production
or pasture to protect soil and water quality and to protect and support
fish and wildlife habitat.  It is State policy to encourage the retirement
of marginal, highly erodible agricultural land, particularly land adjacent
to public waters and drainage systems, from crop production and to
reestablish a cover of perennial vegetation in order to conserve, protect
and enhance important water and land resources.
(Source: P.A. 85-960; 86-1475.)
(505 ILCS 35/1-3) (from Ch. 5, par. 2401-3)
Sec. 1-3. 
		Definitions. 
		As used in this Act:
(a) "Director" means the Director of the Department of Agriculture unless
otherwise stated.
(b) "Conservation easement" means a nonpossessory interest in real
property imposing limitations or affirmative obligations the purposes of
which include retaining or protecting natural, scenic or open-space values
of real property, assuring its availability for agricultural, forest,
recreational or open-space use, protecting natural resources, maintaining or
enhancing air or water quality, or preserving the natural, historical,
architectural, archaeological or cultural aspects of real property.  A
conservation easement may be released at any time by mutual consent of
the parties.
(c) "Save Illinois Topsoil Program" means the program established
under Article II.
(d) "Landowner" means an "owner" as defined in Section 3 of "An Act
relating to conservation rights in real property", approved September 12,
1977, who owns land in Illinois that qualifies as a farm, as "farm" is
defined in Section 1-60 of the Property Tax Code.
(e) "Marginal agricultural land" means land that is: (1) composed of
class IIIe, IVe, V, VI, VII or VIII land as identified in the land
capability classification system of the United States Department of
Agriculture; or (2) similar to land described under item (1) and identified
under a land classification system which may be developed by the Director
for the purposes of this Act.
(f) "Approved management plan" means a plant, animal and soil resource
management plan for the land covered by a conservation easement.  The plan
shall be developed and approved by the soil and water conservation district
of the county in which the land is located, with technical assistance
provided by the Departments of Natural Resources and
Agriculture and other State or federal agencies as needed.
(g) "Agreement" means a legal written contract which contains
commitments made by the Director and the landowner necessary to carry out
the approved management plan and to convey a conservation easement to the
Department of Agriculture.  An agreement may be rescinded at any time by mutual
consent of the parties.
(h) "Fish and wildlife" means aquatic and terrestrial wild animals and
plants and their habitat.
(i) "Habitat" means the combination of biological, physical and
environmental conditions essential for a species' survival and
reproduction.  Habitat may include, but is not limited to, wetlands,
forests, grasslands, prairies, savannas, caves, rivers, lakes, streams and
the soil resource base.
(j) "Natural resources management plan" means a plan which addresses the
protection, enhancement, establishment and management of habitat and associated
fish and wildlife.
(k) "Illinois Natural Resource Enhancement Program" means the program
established under Article III.
(Source: P.A. 88-670, eff. 12-2-94; 89-445, eff. 2-7-96.)