Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 700 - FARMLAND PRESERVATION ACT › Appendix F - Department of Energy and Natural Resources' Agricultural Land Preservation Policy Statement and Cooperative Working Agreement

Current through Register Vol. 48, No. 28, July 12, 2024
INTRODUCTION
The Department of Energy and Natural Resources' (ENR)
				Agricultural Land Preservation Policy has been prepared in response to the
				Farmland Preservation Act (Ill. Rev. Stat. 1987, ch. 5, par. 1301 et seq.). The
				Act calls for the preparation of an Agricultural Land Preservation Policy which
				shall include:
1. an analysis of the impact on agricultural land conversions
				caused by state agency programs, regulations, procedures and operations;
2. measures that can be implemented by each agency which will
				mitigate conversions to the maximum extent practicable;
3. provisions for minimizing agricultural land conversion as
				defined in Section
				700.10.
ENR, as one of the agencies named in the Farmland Preservation
				Act, has developed the following policy in support of the Act. This approach
				ensures that agricultural preservation is viewed in the context of the State's
				total resources.
GENERAL POLICY STATEMENT
ENR recognizes the need to ensure that its actions do not
				unnecessarily encourage the conversion of farmland to non-farm uses when there
				are viable alternatives available which are less destructive to Illinois'
				agricultural lands. ENR will help protect the state's agricultural land from
				irreversible conversion to uses which result in its loss as an environmental or
				essential food production resource, however, ENR also recognizes that Illinois
				has other natural and cultural resources which deserve equal consideration and
				which play an important role in the state's economy, environment and
				heritage.
BACKGROUND
ENR has the duty to investigate practical problems, implement
				studies, conduct research and provide assistance, information and data relating
				to the technology and administration of environmental protection; energy; the
				natural history, entomology, zoology and botany of Illinois; the geology and
				natural resources of Illinois; the water resources and weather of Illinois; and
				the archaeological and cultural history of Illinois.
ENR has not been responsible for any agricultural land
				conversion in the past three years. Research facilities of the Geological,
				Natural History and Water Survey Divisions of the Department, aside from the
				central offices in Urbana, Champaign, and Savoy are generally secured either on
				a lease basis or through cooperation with other state agencies or divisions
				such as the Department of Conservation or the University of Illinois. The
				potential for land acquisition of the Surveys is small because of the
				availability of these cooperative arrangements, but some research needs in the
				future may dictate the purchase of land. Even in those cases, however, the
				purchase will probably not lead to the irreversible conversion of agricultural
				land.
The State Museum owns or operates three archaeological sites in
				Illinois and has the power to accept grants of property and to hold property
				for the purpose of preservation, research or interpretation of significant
				archaeological and natural phenomena areas within the state. In practice, most
				archaeological, historic and natural areas are acquired by the Illinois
				Department of Conservation and the Historic Preservation Agency.
ENR through its responsibilities in "The Illinois Coal
				Development Bond Act", grants money to encourage the development of coal use
				technologies and for research and development of other forms of energy such as
				solar, wind and biomass. The power of eminent domain can also be used by ENR
				for the purposes of sitting, obtaining rights of way or easements for coal
				resource developers in facility sitting and coordination with public and
				private organizations. Although this program has a potential for causing the
				conversion of agricultural land, it has not done so to date.
CONTRIBUTIONS TO AGRICULTURE
ENR has contributed to the preservation of agricultural, as
				well as other natural and cultural resources of the state, in many ways. Some
				specific responsibilities ENR has, which relate to these resources, are:
* to investigate and study the natural resources of the state
				and prepare printed reports and furnish information fundamental to the
				conservation and development of natural resources.
* to cooperate with and advise departments having
				administrative powers and duties relating to the natural resources of the
				state.
* to investigate all insects dangerous or injurious to
				agricultural or horticultural plants, crops and livestock.
* to act as the central data repository and research
				coordinator for the state in matters related to water resources.
* in the conduct of economic impact studies on rules and
				regulations of the Pollution Control Board to include an evaluation of the
				economic impact on Illinois agriculture.
* to carry out educational efforts in cooperation with other
				state agencies on natural resource and energy issues. ENR co-sponsored the two
				Governor's Conference on the Preservation of Agricultural Lands as part of this
				function. Educational aids directed at agriculture are also produced by the
				Surveys.
* to offer demonstration and assistance programs for
				alternative energy resources. Alcohol, gasohol and solar programs, projects and
				assistance have directly contributed to increasing the viability of the
				agricultural sector in Illinois.
IMPACT MITIGATION POLICIES
State Surveys
1. ENR will attempt to avoid irreversible conversion of
				agricultural land when the purchase of land is necessary to carry out Survey
				research functions. If research needs dictate that the Surveys purchase land,
				any purchases over ten (10) acres of agricultural land will be reviewed by an
				ENR committee in order to determine whether other alternatives exist. The
				committee will make a report of its finding and forward it to the Department of
				Agriculture (DOA). An exception to this would be the acquisition of an
				agricultural research farm. This potential case as well as other research needs
				for land is not expected to result in irreversible conversion.
Illinois State Museum
2. The Illinois State Museum will only purchase those sites of
				National Register quality for the purpose of preserving, studying and
				interpreting archaeological and natural phenomena. While this may mean that in
				the future some agricultural land may be removed from production, the
				application of criteria ( 36 CFR 60(1983) ) restricting acquisition to National
				Register quality sites will minimize adverse impacts to agriculture and help
				preserve the other natural or cultural resources of exceptional quality.
Illinois Coal Development Bond Act
3. ENR, in carrying out its responsibilities under this Act,
				will attempt to minimize any adverse impacts on agriculture. For state funded
				projects converting more than ten (10) acres of agricultural land, ENR will
				evaluate the potential adverse impacts on Illinois agriculture in accordance
				with 8 Ill. Adm. Code 700.Appendix A, EXHIBIT B, "Project Proposal Information
				Requirements," as well as other Illinois natural and cultural resources within
				the context of the state's social, economic and environmental goals based on
				such factors as the following: (a) decrease in future food production
				capabilities; (b) increase in soil erosion; (c) deterioration or reduction of
				water quality and groundwater supplies; and (d) other environmental factors
				related to the particular project that diminishes Illinois' cropland base or
				otherwise adversely impacts Illinois' agricultural lands. The information
				identified above and the alternative strategies for mitigation of adverse
				impacts shall be provided to the DOA.
When assistance is provided to sponsors of non-state funded
				projects for energy development, the ENR will provide a copy of the ENR
				Agricultural Land Preservation Policy Statement and the Cooperative Working
				Agreement to the sponsor at the earliest possible date.
(October, 1988; revised)
Department of Energy and Natural Resources -
				Department of Agriculture Cooperative Working Agreement
The Illinois Department of Energy and Natural Resources (ENR)
				and the Illinois Department of Agriculture (DOA) agree to the following:
1. ENR shall notify the DOA in writing of all state-funded
				capital projects where it would be purchasing parcels of agricultural land of
				more than ten (10) acres. No notification is required if a project is located
				within a municipal boundary or within a one and one-half mile planning area of
				a comprehensive plan, if one exists, of a municipality. The DOA shall be
				notified if land is purchased by the three scientific surveys (Geological,
				Natural History and Water Survey) and the Illinois State Museum, however, land
				purchased by the three scientific surveys and the State Museum shall not be
				subject to the DOA's Study of Agricultural Impacts. For state funded capital
				projects requiring parcels of agricultural land of more than ten (10) acres,
				ENR will provide information in accordance with 8 Ill. Adm. Code 700.APPENDIX
				A, EXHIBIT B, "Project Proposal Information Requirements," to the DOA as
				necessary to make a determination of conflicts with state policy.
2. The opportunity shall be provided to the DOA to review
				projects funded through the Illinois Coal Development Bond Act before a
				contract is entered into with the applicant. DOA shall not publicize or
				circulate its comments beyond the DOA, ENR, and the Governor's Office.
3. The DOA shall complete its Study of Agricultural Impacts
				within a 30-day period after receiving the required information from the ENR in
				accordance with 8 Ill. Adm. Code 700.APPENDIX A, EXHIBIT B. The DOA shall
				follow the guidelines for review of the project proposals contained in its
				Agricultural Land Preservation Policy when conducting its review. Furthermore,
				ENR will not release information to the general public relative to a final
				decision on a project site(s) which falls under the DOA's purview until the
				official Study of Agricultural Impacts has been completed.
4. ENR shall follow the mitigation procedures outlined in its
				Agricultural Land Preservation Policy. The DOA shall be notified in writing of
				the purchase of any agricultural research farms.
5. ENR shall notify the DOA of any agricultural land donated to
				the agency. Donated land shall not be subject to DOA review.
6. ENR shall notify the DOA in writing of all proposed changes
				in policies and procedures that alter the existing agreement. If deemed
				necessary by both agencies, a new agreement shall be negotiated in accordance
				with the Act and these rules.
7. This Cooperative Working Agreement, ENR's Agricultural Land
				Preservation Policy and the Farmland Preservation Act shall be the governing
				documents for ENR's farmland preservation policies.
(October 1988; revised)