reglab/statecodes huggingface dataset:
Illinois Administrative Code › Title 17 - CONSERVATION › Part 4010 - REGISTER OF LAND AND WATER RESERVES › Subpart A - GENERAL PROVISIONS › Section 4010.140 - The Registration Process

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				A proposed registration agreement is first executed by the landowner. It is
				then presented to the Commission with a statement of the natural heritage or
				archaeological significance of the property and citation of specific provisions
				of this Part under which the property qualifies for registration.
b) The Commission shall determine at a
				meeting if the area qualifies for the Register of Land and Water Reserves,
				based on its intrinsic ecological or archaeological values and if the
				registration agreement, including any referenced management program, is
				consistent with the purposes of the Illinois Natural Areas Preservation Act. If
				the Commission determines the area qualifies for the register, it shall approve
				by resolution the registration and sign the registration agreement and present
				it to the Director of the Department. If the Commission rejects the agreement,
				the Commission shall provide the landowner a written explanation of why the
				area was rejected.
c) Upon receipt
				of a registration agreement signed by the landowner and the Commission, the
				Director of the Department shall execute or reject it. If the Director rejects
				the agreement, the Department shall provide the landowner a written explanation
				of why the area was rejected. The Department shall cause an executed
				registration agreement to be recorded by the Registrar of Titles or the County
				Recorder of the county in which the property is located and filed with the
				State Archives.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 4010 - REGISTER OF LAND AND WATER RESERVES › Subpart A - GENERAL PROVISIONS › Section 4010.150 - Eligible Lands and Waters

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Eligibility of lands and waters for registration is determined by the
				Commission. Only land supporting natural heritage resources or archaeological
				resources of statewide significance shall be considered for eligibility.
				Developed, cultivated, or landscaped land does not qualify unless it has been
				committed to a program of restoration management designed to return the land to
				a condition supporting significant natural heritage resources.
b) Lands and waters eligible for registration
				include the following:
1) lands and waters
				included on the Illinois Natural Areas Inventory, specifically:
Category I areas - high quality remnants of the original
				  natural communities of Illinois
Category II areas - habitats of State listed endangered
				  species of animals or plants
Category III areas - relic species habitat
Category IV areas - outstanding representatives of Illinois'
				  geologic diversity
Category V areas - restorations of the original natural
				  communities of Illinois or relocated populations of endangered or threatened
				  species of animals or plants
Category VI areas - lands or waters supporting unusual
				  concentrations of wildlife and other unique natural areas
Category VII areas - outstanding streams, rivers, and
				  lakes;
2) habitats of State
				listed threatened species of animals or plants;
3) forests at least 100 acres in size that
				support breeding populations of area sensitive forest wildlife
				species;
4) grasslands at least 80
				acres in size that support breeding populations of area sensitive grassland
				wildlife species;
5) wetlands at
				least 50 acres in size or an area that includes several wetlands totalling 50
				acres in size;
6) degraded but
				restorable prairies at least 20 acres in size (or equivalent to Grade "C" under
				the Illinois Natural Areas Inventory grading criteria);
7) segments of degraded but restorable
				railroad prairie at least 1 mile in length (or equivalent to Grade "C" under
				Illinois Natural Areas Inventory grading criteria);
8) areas supporting unusual concentrations of
				wildlife such as nesting colonies; hibernating colonies; and migration
				stopover, feeding, and rest sites;
9) restorations of natural communities of
				plants and animals that existed in Illinois at the time of settlement by
				immigrants from Europe for which no high quality examples are known to be
				extant within the region;
10) areas
				supporting significant archaeological resources; and
11) other areas determined by the Commission
				and Department to be appropriate to register as land and water
				reserves.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 4010 - REGISTER OF LAND AND WATER RESERVES › Subpart A - GENERAL PROVISIONS › Section 4010.160 - Administration and Custody

Current through Register Vol. 48, No. 28, July 12, 2024
Custody, management, and legal responsibility for a
				  registered land and water reserve remains with the landowner. The landowner
				  shall notify the Department of any delegation of administration or management
				  of the registered area to another person or conveyance of the area to another
				  owner. Representatives of the Department and Commission shall be allowed access
				  to inspect a registered area upon reasonable notice to the
				  landowner.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 4010 - REGISTER OF LAND AND WATER RESERVES › Subpart A - GENERAL PROVISIONS › Section 4010.170 - Reports

Current through Register Vol. 48, No. 28, July 12, 2024
On or before August 31 of each year ending in 5 or 0, the
				  landowner, or a person designated by the landowner, shall submit to the
				  Department a report on the condition of the registered area and on management
				  activities undertaken on the area and identifying any other significant changes
				  or alterations of the landscape and natural conditions on the area. The report
				  shall identify current management needs. The format of the report shall be as
				  determined by the Department. Upon written request of the landowner, the
				  Department shall prepare the report for a registered area if the landowner does
				  not have a professional land management staff.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 4010 - REGISTER OF LAND AND WATER RESERVES › Subpart B - MANAGEMENT AND USE › Section 4010.210 - Applicability of the Rules

Current through Register Vol. 48, No. 28, July 12, 2024
The registration agreement shall be the prevailing authority
				  with respect to allowable use and management of a registered land and water
				  reserve. A management program, as provided for in Section
				  4010.220,
				  may allow for deviations from this Part if the deviations do not threaten the
				  natural features or natural quality of the area. Deviations necessary to
				  accommodate existing legal encumbrances on the property may also be
				  allowed.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 4010 - REGISTER OF LAND AND WATER RESERVES › Subpart B - MANAGEMENT AND USE › Section 4010.220 - The Management Program

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				A registered area shall have a management program which shall be prepared and
				adopted at the time the area is registered. The management program shall be
				adopted and included by reference in the registration agreement. The management
				program must be prepared by the landowner. The Commission and Department will
				assist in preparing the program at the landowner's request. The management
				program is subject to approval of the owner, Commission, and Department.
				Revisions to the management program are subject to approval of the owner,
				Commission, and Department except that revisions to the multi-year schedule of
				specific management are subject to approval of the owner and
				Commission.
b) The management
				program shall state the preservation, restoration, and management goals and
				objectives specific to the registered area.
c) The management program shall include a
				multi-year schedule of specific management activities to be undertaken on the
				area in order to implement the other components of the management
				program.
d) The management program
				shall include a vicinity map locating the area and a detailed map showing
				features of the area.
e) The
				management program shall emphasize preservation and enhancement of the natural
				heritage resources that qualified the property for inclusion on the
				register.
f) The format of the
				statement of preservation, restoration, and management goals and objectives and
				the management schedule and map shall be the same as for a master plan for
				dedicated nature preserves as provided in Section
				4000.150.
g) Requests for approval of specific
				management activities pursuant to Section
				4010.270
				will be considered in the context of the management program.
h) The management program may include a
				wildlife management plan, fisheries management plan, or forest management plan
				provided that the plans are consistent with the Illinois Natural Areas
				Preservation Act as determined by the Commission.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 4010 - REGISTER OF LAND AND WATER RESERVES › Subpart B - MANAGEMENT AND USE › Section 4010.230 - Allowable Management

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Management activities allowed on Illinois Nature Preserves under the Rules for
				Management of Illinois Nature Preserves, 17 Ill. Adm. Code
				4000.415
				through
				4000.475,
				are allowed on registered land and water reserves.
b) Management that benefits or enhances
				populations of federally or State listed threatened or endangered species or
				that restores the quality or extent of natural communities present on
				registered areas through the removal of exotic species (species that are not
				native to Illinois) or invasive species (native species that, in the absence of
				natural disturbance regimes, multiply to a point where they threaten the
				persistence of the managed native species) and promotion of conservative
				species (native species with highly specific habitat requirements, species
				limited in their occurrence to high quality natural communities, or species
				requiring large tracts of habitat to successfully reproduce) is allowed if not
				specifically prohibited in Section
				4010.240.
c) Management for the purpose of restoring to
				natural conditions areas that have been historically farmed, landscaped, paved,
				graded, grazed, drained, or otherwise substantially disturbed by human activity
				is allowed if the restoration does not jeopardize federally or State listed
				threatened or endangered species.
d) Management may be undertaken on a
				registered natural area only by or under direction of, or with the permission
				of, the landowner.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 4010 - REGISTER OF LAND AND WATER RESERVES › Subpart B - MANAGEMENT AND USE › Section 4010.240 - Prohibited Management

Current through Register Vol. 48, No. 28, July 12, 2024
a) Plowing,
				cultivating, paving, or grading of areas supporting natural vegetation or a
				natural community (a plant and animal assemblage that existed in Illinois at
				the time of settlement by immigrants from Europe) is prohibited in registered
				land and water reserves.
b)
				Altering of natural water levels is prohibited in registered areas. Water
				levels which have been artificially altered may be changed if such change is
				identified in the management program as being essential for the maintenance and
				restoration of natural or desired conditions.
c) Species-specific management in favor of
				common species (a native species of animal or plant with very general habitat
				requirements that occurs in a broad range of disturbed and undisturbed
				habitats) is prohibited unless part of a wildlife management plan or as part of
				the management program, if it does not include activities prohibited in
				subsection (a) or (b) above, or Section
				4010.260(a).
Illinois Administrative Code › Title 17 - CONSERVATION › Part 4010 - REGISTER OF LAND AND WATER RESERVES › Subpart B - MANAGEMENT AND USE › Section 4010.250 - Allowable Uses

Current through Register Vol. 48, No. 28, July 12, 2024
a) Uses allowable
				on registered land and water reserves include hiking, bird watching, nature
				observation and study, scientific research, canoeing, hunting, trapping,
				fishing, and photography. Other activities determined by the Commission to be
				consistent with the Illinois Natural Areas Preservation Act may also be
				allowed.
b) Picnicking and
				primitive camping may be allowed in designated areas if provided for in the
				management program or if approved pursuant to Section
				4010.270.
c) Cross-country skiing, horseback riding,
				and bicycling are allowed on registered areas only on designated trails and if
				provided for in the management program or if approved pursuant to Section
				4010.270.
d) Operation of off-road
				vehicles and snowmobiles is allowed only on pre-existing designated surfaced
				thoroughfares and if provided for in the management program or if approved
				pursuant to Section 4010.270.
e)
				The landowner may close the registered area to public use or restrict its use,
				including prohibition of uses allowed under this Section.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 4010 - REGISTER OF LAND AND WATER RESERVES › Subpart B - MANAGEMENT AND USE › Section 4010.260 - Prohibited Uses

Current through Register Vol. 48, No. 28, July 12, 2024
a) No living or
				dead plant or animal materials, or inorganic material including soils,
				minerals, or water, may be removed from a registered area except as may be
				provided in the management program or an approved wildlife management plan or
				forest management plan or for the purposes of scientific research approved by
				the landowner, consistent with the management program and in consultation with
				Commission staff.
b) Federally or
				State listed threatened or endangered species may not be taken or otherwise
				harassed on registered areas, except as part of a federal or State approved
				recovery program, approved research project, or approved management program. No
				activity allowed as part of the management program or an approved wildlife
				management plan or forest management plan may jeopardize federally or State
				listed endangered or threatened species.
c) Cutting of native trees greater than 4
				inches in diameter breast height is not allowed on registered areas except for
				the purposes of managing or restoring natural communities or populations of
				threatened or endangered species, or as approved in the management program, or
				as part of a forest management plan or a wildlife management plan established
				in accordance with Section
				4010.220(b),
				provided the plan will not jeopardize threatened or endangered
				species.
d) Livestock grazing is
				not allowed on registered areas unless it is provided for in the management
				program. Stocking rates, season, and duration must be specified and justified
				in the management program.
e)
				Mineral exploration, mining or other mineral extraction, or earth moving is not
				allowed on registered areas unless mineral rights are excluded from the
				registration agreement or moving or removal of the material is part of a
				restoration plan included in the management program.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 4010 - REGISTER OF LAND AND WATER RESERVES › Subpart B - MANAGEMENT AND USE › Section 4010.270 - Approval of Specific Management and Uses

Current through Register Vol. 48, No. 28, July 12, 2024
Management and uses not otherwise allowed by this Part may be
				  specifically approved by the Department and the Commission where the management
				  or use is consistent with the management program or for the purposes of
				  restoring a high quality natural community (a plant and animal assemblage that
				  existed in Illinois at the time of settlement by immigrants from Europe),
				  enhancing populations of threatened or endangered species, or enhancing the
				  opportunity for scientific research.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 4010 - REGISTER OF LAND AND WATER RESERVES › Subpart B - MANAGEMENT AND USE › Section 4010.280 - Emergency Situations

Current through Register Vol. 48, No. 28, July 12, 2024
Actions not otherwise allowed by this Part that are
				  immediately necessary to prevent or alleviate injury to persons or property may
				  be undertaken by or under the direction and authority of the landowner, the
				  Department, or the Commission. The landowner and Department shall be notified
				  within 24 hours of action taken under this provision.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 4010 - REGISTER OF LAND AND WATER RESERVES › Subpart C - PUBLIC NOTICE AND RECORDS › Section 4010.310 - Public Notice

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				Department shall, at least biennially, publish a list of registered land and
				water reserves indicating their locations and sizes.
b) Before any agency or entity of State or
				local government may undertake an action that will disrupt natural vegetation
				or natural communities on a registered area, there must be a finding by the
				Commission at a meeting and by the Department that the action is in the public
				interest.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 4010 - REGISTER OF LAND AND WATER RESERVES › Subpart C - PUBLIC NOTICE AND RECORDS › Section 4010.320 - Recording of the Registration Agreement

Current through Register Vol. 48, No. 28, July 12, 2024
The Department shall cause the registration agreement to be
				  recorded by the Registrar of Titles or the County Recorder for the county in
				  which the registered area is located. The recorded registration agreement shall
				  be filed by the Department with the State Archives.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 4015 - PUBLIC USE OF DEDICATED NATURE PRESERVES › Section 4015.20 - Criteria for Evaluating Requests

Current through Register Vol. 48, No. 28, July 12, 2024
Criteria that will be used to evaluate requests under Section
				4015.10(q)
				 include:
a) Is there evidence that the species
			 formerly occurred on the nature preserve or nature preserve buffer or that the
			 habitat was suitable and was probably occupied by the species?
b) Are the habitat and other ecological
			 conditions presently suitable and adequate to support the species?
c) What is the source of origin and genotype
			 of the proposed introductions and is it the same as that originally occurring
			 in the nature preserve or nature preserve buffer?
d) Will the reintroduction threaten the
			 population from which it is being taken?
e) Will the reintroduction threaten any
			 species or communities presently considered desirable on the nature preserve or
			 nature preserve buffer?
Illinois Administrative Code › Title 17 - CONSERVATION › Part 4020 - INVENTORIES, REGISTERS AND RECORDS › Subpart A - GENERAL PROVISIONS › Section 4020.110 - Purpose

Current through Register Vol. 48, No. 28, July 12, 2024
The purpose of this Part is:
a) To clarify the type of data included in
				inventories, registers and records compiled and maintained on behalf of the
				Commission.
b) To establish and
				describe fees to recover the actual cost of collecting, storing, managing,
				compiling and providing access to natural heritage data, including inventories,
				registers and records required by Section 6.01 of the Act.
c) To describe the limits on how accessed
				natural heritage data may be used.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 4020 - INVENTORIES, REGISTERS AND RECORDS › Subpart A - GENERAL PROVISIONS › Section 4020.120 - Applicability

Current through Register Vol. 48, No. 28, July 12, 2024
This Part applies to all natural heritage data compiled and
				  maintained on behalf of the Commission as requried by Section 6.01 of the
				  Act.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 4020 - INVENTORIES, REGISTERS AND RECORDS › Subpart A - GENERAL PROVISIONS › Section 4020.130 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
As used in this Part, the following terms have the meanings
				  indicated, except where context requires otherwise:
"Act" means the Illinois Natural Area Preservation Act [525
				  ILCS 30 ].
"Board" means the Illinois Endangered Species Protection
				  Board created by Section 6 of the Illinois Endangered Species Protect Act
				  [520 ILCS
				  10/6 ].
"Commission" means the Illinois Nature Preserves Commission
				  created by Section 4 of the Act.
"Department" means the Illinois Department of Natural
				  Resources.
"Element Occurrence" means an area of land and/or water in
				  which a species is, or was, reported to be present or means a local
				  population.
"Licensee" means any person licensed to use natural heritage
				  data subject to the terms of a Data Licensing Agreement.
"Natural Areas Acquisition Fund" means the Illinois Natural
				  Areas Acquisition Fund established in Section 14 of the Open Space Lands
				  Acquisition and Development Act [525 ILCS
				  35/14 ]. The fund is used by the Department for the
				  acquisition, preservation and stewardship of natural areas, including habitats
				  for endangered and threatened species, high quality natural communities,
				  wetlands, and other areas with unique or unusual natural heritage
				  qualities.
"Natural Heritage Data", "Natural Heritage Database" or
				  "Data" means recorded information on the biology, existence and locations of
				  threatened and endangered species and other species; protective status of these
				  species; inventories of natural features, including, but not limited to, the
				  Illinois Natural Areas Inventory sites and the resources that allow a site to
				  qualify; and means data collected pursuant to 17 Ill. Adm. Code 4010 (Register
				  of Land and Water Reserves). Natural heritage data is owned by the State of
				  Illinois and compiled and maintained by the Department's Natural Heritage
				  Database Program as a service to assist, and in cooperation with, the
				  Commission and the Board. Access to natural heritage data shall be in the form
				  of spatial data, reports or custom data formats subject to Natural Heritage
				  Database Program approval.
"Natural Heritage Database Program" or "NHD Program" means
				  the program within the Department responsible for maintaining the natural
				  heritage data.
"Quadrangle" means one of 1,071 U.S. Geological Survey
				  1:24,000-scale topographic maps covering the State of Illinois, also known as
				  7.5 -minute quadrangles.
"Person" means any individual, corporation, partnership,
				  firm, organization, association, government entity or agency, or body
				  politic.
"T&E Species" or "Threatened and Endangered Species"
				  means any species or subspecies listed by the Board pursuant to Section 7 of
				  the Illinois Endangered Species Protection Act.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 4020 - INVENTORIES, REGISTERS AND RECORDS › Subpart A - GENERAL PROVISIONS › Section 4020.140 - Penalties

Current through Register Vol. 48, No. 28, July 12, 2024
Any person who violates this Part, falsifies or makes any
				  misrepresentation in the data licensing agreement, required records, or any
				  other information required to be given to the Department shall be subject to
				  the penalties set forth in Section 22 of the Act.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 4020 - INVENTORIES, REGISTERS AND RECORDS › Subpart B - DATA REQUESTS AND FEES › Section 4020.210 - General

Current through Register Vol. 48, No. 28, July 12, 2024
a) A fee will be
				charged (see Section
				4020.240 ) for compiling and
				providing natural heritage data for any persons requesting that information for
				research, educational, environmental, land management, land development and
				similar purposes. All fees are non-refundable.
b) The Commission shall, at a regular public
				meeting held pursuant to 2 Ill. Adm. Code
				2150.210 through
				2150.280,
				review natural heritage data fees at least every 5 years to assess whether
				those fees are meeting NHD Program costs. The Commission shall promulgate any
				necessary fee changes by modifying this Part in consultation with the
				Department.
c) The Commission and
				Department shall enter into a Data Licensing Agreement with licensees to
				provide natural heritage data and collect fees pursuant to this Part.
d) Revenues generated specifically under the
				natural heritage data fee shall be deposited into the Natural Areas Acquisition
				Fund and appropriated to the Department for the purpose of collecting, storing,
				managing, compiling and providing access to support, maintain and update the
				NHD and its data. Department costs with respect to the NHD include, but are not
				limited to, personnel, information technology and data collection costs. All
				fees shall be tracked with a unique identifying code.
e) Distribution of data to third parties is
				prohibited.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 4020 - INVENTORIES, REGISTERS AND RECORDS › Subpart B - DATA REQUESTS AND FEES › Section 4020.220 - Submitting Data Requests

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Requests for natural heritage data shall be submitted via the online system or
				in writing via mail, electronic mail or fax. Requests should be directed to the
				Natural Heritage Database Program, Office of Resource Conservation, Illinois
				Department of Natural Resources, One Natural Resources Way, Springfield IL
				62702.
b) Persons requesting and
				receiving natural heritage data via written request shall provide the
				following:
1) Contact information (name,
				company/organization, address, telephone number, and electronic mail
				address);
2) Desired data and
				format;
3) Geographic extent of
				desired data;
4) Explanation of how
				the data will be used and who will have access to the data; and
5) Payment of fees in full unless alternate
				arrangements are made.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 4020 - INVENTORIES, REGISTERS AND RECORDS › Subpart B - DATA REQUESTS AND FEES › Section 4020.230 - Request Denial

Current through Register Vol. 48, No. 28, July 12, 2024
a) Requests
				contrary to the purposes of the Act, or for purposes in violation of the
				Wildlife Code [520 ILCS 5 ], the Fish and Aquatic Life Code [515 ILCS 5 ], or
				the Illinois Endangered Species Protection Act shall be denied.
b) If it is determined that a licensee has
				violated the terms of the Data Licensing Agreement or is in violation of
				Section
				4020.310,
				all rights to use the data shall be immediately revoked and any future requests
				for natural heritage data shall be denied.
c) Natural heritage data are exempt from
				disclosure as valuable formulae, computer geographic systems, designs, drawings
				and research data obtained or produced by any public body when disclosure could
				reasonably be expected to produce private gain or public loss, as allowed by
				Section 7(i) of the Freedom of Information Act [5 ILCS
				140/7(i) ].
Illinois Administrative Code › Title 17 - CONSERVATION › Part 4020 - INVENTORIES, REGISTERS AND RECORDS › Subpart B - DATA REQUESTS AND FEES › Section 4020.240 - Fees

Current through Register Vol. 48, No. 28, July 12, 2024
a) Base Fee. There
				will be a base fee for each request in addition to spatial data and report
				fees. The base fee is $75 per request.
b) Spatial Data Fees. Spatial natural
				heritage data layers will be provided in Geographic Information System (GIS)
				format.
1) Quadrangle Rate. Fees for spatial
				natural heritage data will be assessed a fee for each topographic quadrangle.
				Project sites will be buffered 5 miles and requesters will be charged for each
				quadrangle intersected. The quadrangle rate fee is $50 per
				quadrangle.
2) Linear Rate. Fees
				for spatial natural heritage data for linear projects measuring greater than 25
				miles in length and less than 0.5 miles in width are assessed a fee of $15 per
				quadrangle intersected by the project line. Requestors are required to submit
				their linear project area in GIS format, or else the Quadrangle Rate will
				apply. Linear project boundaries will be buffered by one mile on each side of
				the project line and data will be provided for that area.
3) Custom Rate. Fees for custom data requests
				will be assessed by the NHD Program manager at the time of the
				request.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 4020 - INVENTORIES, REGISTERS AND RECORDS › Subpart B - DATA REQUESTS AND FEES › Section 4020.250 - Data Updates

Current through Register Vol. 48, No. 28, July 12, 2024
Natural heritage data is updated on a daily to quarterly
				  basis, depending on the dataset. Therefore, licensees are encouraged to get
				  updated data as appropriate based on their project parameters. Spatial data
				  updates are free during the one-year Data Licensing Agreement period. The
				  update must be for data within the same portion of the State covered in the
				  Data Licensing Agreement. Licensees are allowed up to 3 data updates in a
				  calendar year and must request their own updates.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 4020 - INVENTORIES, REGISTERS AND RECORDS › Subpart B - DATA REQUESTS AND FEES › Section 4020.260 - Exceptions: Discounts and Waivers

Current through Register Vol. 48, No. 28, July 12, 2024
a) No fees shall be charged to the
				Department, Commission or Board for requests that fulfill the day-to-day
				operational needs of the Department, Commission or Board, including land
				management planning, status assessment and land owner contact.
b) Fees may be waived or reduced in writing
				under select circumstances, including:
1)
				Written agreements with the Department, Commission or Board in which
				Department, Commission or Board costs are reimbursed or offset and/or in which
				the request furthers Department, Commission or Board missions.
2) Requests for college students actively
				working on a thesis or dissertation research project determined by Department,
				Commission or Board to further Department, Commission or Board
				missions.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 4020 - INVENTORIES, REGISTERS AND RECORDS › Subpart B - DATA REQUESTS AND FEES › Section 4020.270 - Collection of Fees

Current through Register Vol. 48, No. 28, July 12, 2024
a) Fee payment is
				expected at the time of the request unless alternate arrangements are
				made.
b) Fees may be paid online,
				when available, or by certified or cashier's check payable to the Illinois
				Natural Heritage Database Program, to the Natural Heritage Database Program -
				Office of Resource Conservation, Illinois Department of Natural Resources, One
				Natural Resources Way, Springfield IL 62702. No cash payments will be accepted.
1) Payment shall not include any other fees
				or payments due to the Department for any purpose other than the fee due under
				this Part.
2) Payment of fees shall
				be deposited in the Natural Areas Acquisition Fund and tracked
				separately.
3) No fee remitted to
				the Department under this Part shall be refunded in whole or in part at any
				time for any reason.
4) Payment of
				fees that constitutes an overpayment or underpayment will be returned to the
				data requestor.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 4110 - HISTORIC PRESERVATION GRANTS-IN-AID PROGRAM › Section 4110.30 - Selection Criteria

Current through Register Vol. 48, No. 28, July 12, 2024
The principal priority-determining criteria for awarding grants
				are whether a project:
a) would permit
			 the State of Illinois to accomplish the greatest number of the National
			 Preservation Objectives;
b) is in
			 compliance with the Secretary of Interior's Standards;
c) is of National (National Historic
			 Landmark), State, or Local significance. A project is rated as being of
			 National, State, or Local significance with the evaluated significance of the
			 property stated on the nomination form to the National Register of Historic
			 Places. The evaluation of the significance of the property is certified by the
			 State Historic Preservation Officer, in consultation with the members of the
			 State Historic Sites Advisory Board and staff of the Historic Sites Division of
			 the Department of Conservation.
d)
			 meets the objectives of the State Historic Preservation Program as noted in the
			 State Historic Preservation Plan.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 4110 - HISTORIC PRESERVATION GRANTS-IN-AID PROGRAM › Section 4110.40 - Key Provisions

Current through Register Vol. 48, No. 28, July 12, 2024
a)
			 Financial assistance on any project cannot exceed 50% of the total eligible
			 project costs. The actual amount of financial assistance to be granted is
			 determined by a comparison of the project proposal with the National and State
			 priorities.
b) This assistance is
			 available only to sponsors of projects on sites, structures, or districts
			 nominated to the National Register of Historic Places.
c) Project work which is initiated prior to
			 federal agency approval is ineligible for funding.
d) Projects must be completed and
			 reimbursement requested within the time frame authorized by the U.S. Department
			 of Interior.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 4110 - HISTORIC PRESERVATION GRANTS-IN-AID PROGRAM › Section 4110.50 - Auditing Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
a) Projects
			 must be administered in accordance with the following:
1) Federal Management Circular 74-4 - Cost
			 Principals applicable to grants and contracts with state or local
			 governments.
2) Office of
			 Management and Budget Circular A-102, Revised - Uniform Administrative
			 Requirements for Grants-in-Aid to State and Local Governments or Office of
			 Management and Budget Circular A-110 - Uniform Administrative Requirements -
			 Grants and Agreements with Institutions of Higher Education, Hospitals, and
			 other Non-Profit Organizations.
3)
			 Audit guide for National Park Service Historic Preservation Grant
			 Program.
4) All pertinent materials
			 collected, received, or distributed during the course of the grant program
			 shall be maintained for a three-year period after final project payment, or
			 longer, if audit findings are not resolved.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 4110 - HISTORIC PRESERVATION GRANTS-IN-AID PROGRAM › Section 4110.60 - Program Information

Current through Register Vol. 48, No. 28, July 12, 2024
Information on the Historic Preservation Grants-in-Aid Program
				may be obtained by writing: Grants Management Section, Department of
				Conservation, 405 East Washington Street, Springfield, Illinois
				62706.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 4120 - INCLUSION AND REMOVAL OF PLACES FROM THE ILLINOIS REGISTER OF HISTORIC PLACES › Section 4120.5 - Illinois Register of Historic Places

Current through Register Vol. 48, No. 28, July 12, 2024
In 1976 the Illinois Historic Preservation Act created an
				Illinois Register of Historic Places. This Register recognizes places which
				have an inherent cultural value to the people of Illinois and makes provisions
				for protection of the people's interest in the cultural value. Although these
				guidelines for inclusion in that Register do not require listing on any
				National or local Register, maximum protection of cultural resources is
				provided by listing on the Illinois Register of Historic Places and the
				National Register of Historic Places; therefore, listing on both Registers is
				encouraged.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 4120 - INCLUSION AND REMOVAL OF PLACES FROM THE ILLINOIS REGISTER OF HISTORIC PLACES › Section 4120.10 - Criteria for Listing

Current through Register Vol. 48, No. 28, July 12, 2024
A place may be listed on the Illinois Register of Historic
				Places if it:
a) "(has) special
			 historical, architectural, archeological, cultural, or artistic interest or
			 value"; and
b) fits the definition
			 of "place" found in Section 2(e) of the Illinois Historic Preservation Act
			 (Ill. Rev. Stat. 1979, ch. 127, par. 133d2(e))
(e) "Place' means (1) any parcel or
			 contiguous grouping of parcels of real estate under common or related ownership
			 or control, where any significant improvements are at least 40 years old, or
			 (2) any aboriginal mound, fort, earthwork, village, location, burial ground,
			 historic or prehistoric ruin, mine case or other location which is or may be
			 the source of important archeological data;" and
Illinois Administrative Code › Title 17 - CONSERVATION › Part 4120 - INCLUSION AND REMOVAL OF PLACES FROM THE ILLINOIS REGISTER OF HISTORIC PLACES › Section 4120.20 - Criteria for Removal

Current through Register Vol. 48, No. 28, July 12, 2024
A place may be removed from the Illinois Register of Historic
				Places if it no longer satisfies the guidelines for inclusion on the Illinois
				Register of Historic Places contained in Section
				4120.10.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 4130 - CERTIFICATION AND TRANSFER OF LOCAL SHARE OF HISTORIC PRESERVATION FUND ALLOCATION TO LOCAL GOVERNMENTS › Section 4130.10 - Purpose

Current through Register Vol. 48, No. 28, July 12, 2024
a) Since 1966, when
			 Congress established a historic preservation program for the United States, the
			 national preservation program has operated as a decentralized partnership
			 between the federal government and the states. In 1980, Congress expanded the
			 partnership to provide for the participation of local governments. The National
			 Historic Preservation Act (the Act) (
			 16 U.S.C.
			 470 et seq.) contains the legal basis for the
			 federal-state-local preservation partnership.
b) Section 101(e)(1) of the Act directs the
			 State Historic Preservation Officer and the Secretary of the Interior to
			 participate in this partnership and 36 CFR 61(1984) specifies several
			 requirements that the local government must meet.
c) The Act provides that local governments
			 which the State Historic Preservation Officer and the Secretary determine are
			 Certified Local Governments must participate in the National Register of
			 Historic Places process and may apply for a portion of the state's federal
			 allocation of funds. The Act provides that at least ten percent of the state's
			 annual Historic Preservation Fund allocation from the Department of the
			 Interior shall be designated for transfer to Certified Local
			 Governments.
d) This Part provides
			 the procedures by which local governments may become Certified Local
			 Governments and by which application for a portion of the ten percent local
			 share may be made.
e) This Part is
			 also intended to assure that the Certified Local Government's performance is
			 consistent and coordinated with the identification, evaluation and preservation
			 priorities of the Department's comprehensive historic preservation planning
			 process.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 4130 - CERTIFICATION AND TRANSFER OF LOCAL SHARE OF HISTORIC PRESERVATION FUND ALLOCATION TO LOCAL GOVERNMENTS › Section 4130.20 - Requirements - Certification and Allocation

Current through Register Vol. 48, No. 28, July 12, 2024
The Illinois Department of Conservation adopts the standards
				contained in 36 CFR 61(1984), as its minimum standards and requirements for the
				certification of, and allocation of funds to, local
				governments.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 4140 - THE ILLINOIS REGISTER OF HISTORIC PLACES › Section 4140.4 - Illinois Register of Historic Places

Current through Register Vol. 48, No. 28, July 12, 2024
In 1976, the Illinois Historic Preservation Act created an
				Illinois Register of Historic Places. This Register recognizes places which
				have an inherent cultural value to the people of Illinois and makes provisions
				for protection of the people's interest in this cultural value. The designation
				of a Registered Illinois Historic Place is not contingent on designation to any
				National or local Register. However, the information required for designation
				to the Illinois Register of Historic Places includes all information required
				for designation to the National Register of Historic Places and an
				identification of the Critical Historic Features of the
				Place.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 4140 - THE ILLINOIS REGISTER OF HISTORIC PLACES › Section 4140.7 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
a) The following
			 definitions set forth in Section 2 of the "Illinois Historic Preservation Act"
			 will apply throughout this Part:
"Council" means the Illinois Historic Sites Advisory
				Council
"Department" means the Illinois Department of
				Conservation
"Director" means the Director of the Department who will serve
				as the State Historic Preservation Officer
"Critical Historic Feature" means those physical and
				environmental components which taken singly or together, make a place eligible
				for designation as a Registered Illinois Historic Place
"Place" means (1) any parcel or contiguous grouping of parcels
				of real estate under common or related ownership or control, where any
				significant improvements are at least 40 years old, or (2) any aboriginal
				mound, fort, earthwork, village, location, burial ground, historic or
				prehistoric ruin, mine case or other location which is or may be the source of
				important archeological data
"Registered Illinois Historic Place" means any place listed on
				the "Illinois Register of Historic Places" pursuant to Section 6 of this
				Act
"Person" means any natural person, partnership, corporation,
				trust, estate, association, body politic, agency, or unit of government and its
				legal representatives, agents, or assigns
b) For the purpose of clarity, the following
			 definitions will also apply throughout this part:
"Applicant" means any person who prepares an Illinois Register
				Application.
"Designation Order" means an Illinois Register Form which shall
				be an order signed by the Director designating the place as a Registered
				Illinois Historic Place.
"Guidelines" means the criteria adopted by the Council and made
				available to the public in 17 Ill. Adm. Code 330.
"Illinois Register Application" means an Illinois Register Form
				designated to provide information, including Critical Historic Features, to the
				Department and the Council.
"Nomination Order" means an Illinois Register Form completed by
				the Department as directed by the Council which shall be an order of the
				Council nominating Places to the Register and describing therein Critical
				Historic Features of the Place.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 4140 - THE ILLINOIS REGISTER OF HISTORIC PLACES › Section 4140.10 - Regulations pertaining to Nomination and Designation to the Illinois Register of Historic Places in Accordance with Section 6 of the "Illinois Historic Preservation Act"

Current through Register Vol. 48, No. 28, July 12, 2024
a) Any person
			 may apply to have a place considered for nomination to the Illinois Register of
			 Historic Places by submitting to the Department an Illinois Register
			 Application. The Applicant identified thereon, shall be responsible for
			 completing the Application.
b) An
			 Application which is deemed incomplete by the Department, will be returned to
			 the Applicant with an explanation of the deficiencies which must be
			 corrected.
c) When the Illinois
			 Register Application is completed, Department staff will prepare a proposed
			 Nomination Order and schedule its consideration at the next appropriate Council
			 meeting. At least 30 days prior to that meeting, notice, which lists the date,
			 and place of the meeting where it is to be considered, and a copy of the
			 proposed Nomination Order, will be mailed to the Applicant, the owner of
			 record, and the presiding Officer of the county and municipal government where
			 the Place is located. The owner and the public shall have the right to be heard
			 and to present evidence at the Council meeting.
d) The Council will accept, reject or defer
			 the Application based upon criteria defined in 17 Ill. Adm. Code 330. If the
			 application is accepted, the Council will issue a Nomination Order. The
			 Department will notify the Applicant, the owner of record and the presiding
			 officer of the county and municipal government where the Place is located, of
			 actions taken on the Application.
1) Approved
			 Nomination Orders will be forwarded to the Director and sent with the notices
			 of Council action.
2) Deferred
			 Applications will be forwarded to the Applicant with an explanation of the
			 reasons for deferral and the actions which must be taken before the Application
			 can be reconsidered.
3) Rejected
			 Applications will be forwarded with an explanation of the criteria for
			 reapplication as provided for in 17 Ill. Adm. Code
			 4140.40.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 4140 - THE ILLINOIS REGISTER OF HISTORIC PLACES › Section 4140.20 - Regulations Pertaining to the Amendment of an Order Designating an Illinois Registered Historic Place in accordance with Section 6 of the "Illinois Historic Preservation Act"

Current through Register Vol. 48, No. 28, July 12, 2024
a)
			 Any change in the list of Critical Historic Features of a registered site must
			 be in an amendment to the designation order.
b) At least thirty (30) days prior to a
			 regularly scheduled meeting of the Council, the Director shall make available
			 for public review and send to the owner or owners of record any proposed
			 amendments to the designation order.
c) The Council shall advise the Director on
			 the content of the amendment. The owner and the public shall have the right to
			 be heard and to present evidence at the Council meeting.
d) Amendments shall become effective upon the
			 Director's signature.
e) Amendments
			 to designation orders shall be sent to the owner or owners of record of the
			 Registered Illinois Historic Place and to the Recorder of Deeds in the county
			 or counties where the Place is located.