Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 700 - FARMLAND PRESERVATION ACT › Appendix A - Illinois Department of Agriculture › Exhibit B - The Proposed Project Review Process

Current through Register Vol. 48, No. 28, July 12, 2024
Introduction
The DOA shall conduct reviews of agency project proposals
				  which will or have the potential of converting farmland to nonagricultural use.
				  The agencies shall notify the DOA in writing when a project proposal is
				  eligible for review. The DOA shall then determine whether or not the project is
				  in compliance with the agency's policy statement and working agreement. If the
				  project is not in compliance, the DOA shall conduct a study of agricultural
				  impacts on the project to assess its impact on farmland.
Notification
Review Eligibility
State agency projects shall be eligible for review
				  if:
1. the agency is listed in Section
				3 of the Act;
2. the project is
				supported wholly or in part by state capital development funds; or
3. the project causes farmland conversion or
				encourages farmland conversion through secondary impacts; or
4. notification of the project is processed
				through the Governor's Office.
Review Exemptions
State agency projects shall be exempt from review
				  if:
1. the working agreement excludes
				the project under consideration; or
2. the project has been exempted by Section 7
				of the Act.
Transference of Project Proposal to the DOA
When an agency project will lead to the conversion
				  of farmland, the agency shall:
1.
				notify the Director of the DOA of the project in writing; and
2. provide the written notification to the
				DOA at the point in the agency's planning process specified in the cooperative
				working agreement.
Project Proposal Information Requirements
The written notification provided to DOA shall
				  include the following information describing the project to enable the DOA to
				  determine compliance:
1. Project
				description (purpose and scope);
2.
				Map indicating specific project location in the county;
3. Modern soil survey map (if available)
				showing precise project boundaries;
4. Identification of the number of acres
				contained within the project boundaries;
5. Identification of all land classes
				(I-VIII) lying within project boundaries and the number of acres contained
				within each land class, if available;
6. Identification of the site's zoning
				designation(s) and whether the project is in compliance with an officially
				adopted comprehensive land use plan designating land uses in the project area,
				if applicable;
7. Identification of
				the land use within the project area and of that land contiguous to the project
				area;
8. Identification of
				secondary impacts which may result from implementation of the project (e.g.,
				drainage, farmland devaluation, increased travel time incurred by the
				agricultural land owner, and potential development created by gas, water or
				sewer lines);
9. The project
				proposal shall discuss how the size and location of the proposed project shall
				meet and not exceed the goals of the project thereby avoiding unnecessary
				farmland conversion;
10. Rationale
				for the selection of the project site;
11. Name, address and telephone number of
				individual who provided the above information;
12. The project proposal shall describe how
				the farmland preservation policy has been followed and what steps were taken to
				minimize the proposed project's impact upon agricultural land; and
13. The information above shall be included
				for each alternative location examined in the project proposal.
Review
Time Limitation
The DOA shall complete its study of the project proposal
				  within thirty (30) days of receipt of the project proposal within thirty (30)
				  days of receipt of written notification with all required information, if a
				  study is required. If the study is not completed within that time limit, the
				  agency may proceed with the proposal without the benefit of the DOA's
				  comments.
Determination of Compliance
Upon receipt of written notification, the DOA shall conduct
				  an initial analysis of the proposed project to ascertain whether it complies
				  with the policy statement and working agreement as adopted as rules under the
				  Farmland Preservation Act and Project Proposal Information Requirements.
The DOA's initial analysis shall result in one of two
				  actions:
1. If the project is found to
				be in compliance, the DOA shall provide the agency with a sign-off
				letter.
2. If the project is not in
				compliance, the DOA shall initiate a study of agricultural impacts.
Study of Agricultural Impacts
The study of agricultural impacts is performed by
				  the DOA to ascertain the level of disruption placed upon the agricultural
				  environment by the project proposal. It is composed of a review of Project
				  Proposal Information Requirements, of the total annual agricultural
				  productivity that is displaced when a site devoted to agricultural use is
				  converted to non-agricultural purposes, and the criteria enumerated
				  below:
1) Distance between the project
				site and the nearest city.
2)
				Proximity of a central water system to the project site.
3) Proximity of central water disposal system
				(sewer) to the project site.
4) The
				type (e.g., earthen, aggregate, hard surface) of transportation facility that
				provides access to the project site.
5) Existing land use adjacent to the
				site.
6) Zoning classification of
				the land adjacent to the site.
7)
				Percentage of the project site contained within an adopted Agricultural
				Area.
8) Impact on the proposed
				project upon agricultural businesses.
10) Percent of the project site currently in
				agricultural use.
11) Soil
				limitations (e.g., high water table, flooding, slope of the parcel, frost
				heave) on the project site for the proposed use.
12) Soil productivity (crop
				yields).
13) The acreage of each
				land class.
The DOA shall provide a copy of the study to the persons and
				  agencies listed in Section 5 of the Act and to the public upon written request.
				  The conflict resolution process shall be invoked if the project is not in
				  compliance with policy statements and working agreement, and the DOA and the
				  originating agency cannot reach a compromise on how to avoid or reduce the
				  impact on agricultural land. The conflict resolution process shall be invoked
				  by DOA within 5 working days of DOA's determination that a compromise cannot be
				  achieved.