2023 Illinois Compiled Statutes › Chapter 525 - CONSERVATION › 525 ILCS 40/ - State Forest Act.

(525 ILCS 40/0.01) (from Ch. 96 1/2, par. 5900)
Sec. 0.01. 
		Short title. 
		This Act may be cited as the
State Forest Act.
(Source: P.A. 86-1324.)
(525 ILCS 40/1) (from Ch. 96 1/2, par. 5901)
Sec. 1. 
		
		The Department of Natural Resources shall have
control, supervision and management of all State forests herein provided for
and hereafter to be established.
(Source: P.A. 89-445, eff. 2-7-96.)
(525 ILCS 40/2) (from Ch. 96 1/2, par. 5902)
Sec. 2. 
		
		State forests shall include only such lands as are decided by the
Department of Natural Resources to be more valuable for
the growing of forests
than for other purposes, and shall have for their purpose the production of
forest products, the protection of watersheds that are subject to serious
erosion, the maintenance of purity of springs and streams and to afford
recreation places for the people of the State.
(Source: P.A. 89-445, eff. 2-7-96.)
(525 ILCS 40/2.1) (from Ch. 96 1/2, par. 5903)
Sec. 2.1. 
		
		
		The following described areas are designated as State forests:
Big River State Forest in Henderson County;
Sand Ridge State Forest in Mason County;
Hidden Springs State Forest in Shelby County;
Trail of Tears State Forest in Union County;
Wildcat Hollow State Forest in Effingham County.
(Source: P.A. 78-817.)
(525 ILCS 40/3) (from Ch. 96 1/2, par. 5904)
Sec. 3. 
		
		The Department of Natural Resources may
purchase, lease, receive by
donation or legacy or take options on tracts of land suitable for State
forests.  The Department may also acquire title by condemnation in the name
of the State of Illinois under the laws relating to eminent domain. Such
proceedings shall be conducted by the Attorney General at the request of
the Department.
(Source: P.A. 89-445, eff. 2-7-96.)
(525 ILCS 40/3.5)
Sec. 3.5. Eminent domain. Notwithstanding any other provision of this Act, any power granted under this Act to acquire property by condemnation or eminent domain is subject to, and shall be exercised in accordance with, the Eminent Domain Act.
(Source: P.A. 94-1055, eff. 1-1-07.)
(525 ILCS 40/4) (from Ch. 96 1/2, par. 5905)
Sec. 4. 
		
		From time to time, as tracts of land are acquired, the department
shall designate and organize such lands as State forests. The department
shall protect such lands from wildfire and trespass and cause them to be so
managed as to produce continuous crops of timber for use of the people and
industries of the State.
(Source: P.A. 85-150.)
(525 ILCS 40/5) (from Ch. 96 1/2, par. 5906)
Sec. 5. Timber grown on such forests may be sold under rules and
regulations of the department, but all cutting and removal of forest
products shall be in accordance with the best practices of forestry. The
department shall make such forests accessible to the general public by
improved highways leading through them. All revenue from the sale of timber under this Section shall be deposited into the Forestry Development Fund.
(Source: P.A. 95-266, eff. 8-17-07.)
(525 ILCS 40/6) (from Ch. 96 1/2, par. 5907)
Sec. 6. 
The Department shall have the authority to take all measures
necessary to secure plants and plant materials from private sources and to
establish and operate nurseries to produce and distribute plants and plant
materials.  The Department shall develop and implement a program of
securing plants and plant materials from private sources.  The Department
shall utilize the most modern methods and
techniques to operate its nursery facilities.
The plants and plant materials secured or produced
shall be used exclusively for conservation purposes, such as
for wildlife habitat, erosion control, energy conservation, natural
community restoration, general reforestation, research, commemorative
plantings, and educational programs such as Arbor Day unless otherwise agreed through a memorandum of understanding with the Illinois Green Industry Association which would allow the sale of plants as liner stock.  Plants and plant
materials secured or produced and distributed by the State nurseries are to
be protected against
abuses, such as may occur in the event of livestock grazing or wildfire.
The Department may cooperate with any person or group desirous of
establishing plants or plant materials for conservation plantings by (a) selling
 trees, shrubs, flower seeds, or other materials where deemed necessary
or desirable, or (b) providing labor, equipment and technical supervision to
plan and implement the conservation plantings, or both.
Plants and plant materials may be provided, upon approval of a written
management plan, to individual landowners, State agencies
and institutions, local governments, civic groups and others for conservation plantings but shall be sold at a price approximately equal to the cost of acquisition or production and distribution.
Plants and plant materials may be provided to government
agencies and institutions, organized groups or individuals for special
conservation plantings, research plantings, educational purposes and
commemorative plantings but shall be sold at a price approximately equal to the cost of acquisition or production and distribution.
Plants and plant materials may be made available to the general public,
mining companies, other industries and
agencies of the federal government but shall be sold at a price
approximately equal to the cost of acquisition or production and distribution.
Products such as Christmas trees, roundwood and other materials derived
from State distributed plants or plant materials may be utilized, sold or
removed, except that no such plants shall be resold, bartered or given away
and removed alive with the roots attached unless otherwise agreed through a memorandum of understanding with the Illinois Green Industry Association which would allow the sale of plants as liner stock.
The Department may effect exchanges, purchases or sales involving plants
and plant materials with other states or with agencies of the federal
government.
The Department shall have the authority to make such rules and
regulations pursuant to the Illinois Administrative Procedure Act as it
deems necessary for carrying out, administering and enforcing the
provisions of this Act.
(Source: P.A. 100-61, eff. 1-1-18.)
(525 ILCS 40/6.1) (from Ch. 96 1/2, par. 5908)
Sec. 6.1. 
		The following described areas are designated as State nurseries:
Mason State Nursery in Mason County;
Union State Nursery in Union County.
(Source: P.A. 85-150.)
(525 ILCS 40/7) (from Ch. 96 1/2, par. 5910)
Sec. 7. 
		
		The department shall employ such foresters, cruisers and other
assistance as are necessary for the acquisition of such State forests and
for their administration, protection, improvement and use. It shall make
reasonable rules for the regulation of the use of such State forests by the
public. Such regulations and rules shall be posted in conspicuous places in
such State forests.
(Source: Laws 1925, p. 413.)
(525 ILCS 40/8) (from Ch. 96 1/2, par. 5911)
Sec. 8. 
		Whoever:
1.  Wilfully destroys, injures or defaces a guide post, sign, fence,
enclosure or structure within a State forest; or
2.  Wilfully destroys, injures or removes a tree, shrub or plant or
flower within a State forest; or
3.  Violates any reasonable regulation adopted by the Department and
published by posting in conspicuous places; or
4.  Wilfully uses or resells planting stock produced in State forest
nurseries in violation of such conditions of sale or for planting as shall
have been approved by the Department in connection with a sale or
furnishing of trees or plantings by the Department as in Section 6
provided;
is guilty of a Class B misdemeanor.
(Source: P.A. 77-2515.)
(525 ILCS 40/9) (from Ch. 96 1/2, par. 5912)
Sec. 9. 
		
		The department shall have authority to designate portions of
the State forests as wildlife or fish sanctuaries and shall promulgate rules
and regulations for the protection and breeding of wildlife or fish within
such areas.
(Source: P.A. 81-358.)