reglab/statecodes huggingface dataset:
Illinois Administrative Code › Title 17 - CONSERVATION › Part 3730 - ALLOCATION OF WATER FROM LAKE MICHIGAN › Subpart C - ALLOCATION RULES › Section 3730.308 - Duration of Permit and Renewals

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				The Department shall determine the duration of each allocation permit, which
				shall be stated upon the face of the permit.
b) At the expiration of each allocation
				permit, the permit shall be renewed year by year in the same amount and on the
				same conditions as were in force upon expiration of the permit, unless any
				entity, or the Department on its own motion, files a petition for modification
				in compliance with Section
				3730.204(c)
				and
				3730.310
				and the Department determines that the petition is not frivolous. A permit
				shall remain in force and effect pending a determination by the Department of
				the issues raised in the modification proceedings.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 3730 - ALLOCATION OF WATER FROM LAKE MICHIGAN › Subpart C - ALLOCATION RULES › Section 3730.309 - Reporting Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
a) Within
				60 days after the end of each accounting period, all permittees shall furnish
				the following information and such other information relevant to the Lake
				Michigan allocation as the Department may require on forms provided by the
				Department:
1) Total water use from all
				sources for the accounting year and the percentage of water distributed through
				metered services;
2) Average daily
				water use by month from all sources for the accounting year;
3) Maximum and minimum daily pumpage from all
				sources for the accounting year and the dates of these events;
4) Total pumpage from Lake Michigan, shallow
				aquifer wells, and deep aquifer wells, including the number and location of
				each well, and the percentage of total water use for the accounting year from
				each source;
5) Individual well
				production rates for the accounting year, including well numbers, average
				pumping rates, and average number of hours pumped per day;
6) For each well, a list of all parameters
				that exceed the standards in 35 Ill. Adm. Code 620;
7) A list of which wells, if any, interfere
				with each other during simultaneous pumping;
8) A description of any problems anticipated
				from any well supply during the next accounting period;
9) The amount and percentage of water from
				all sources for the accounting period used for each of the following purposes:
A) Residential,
B) Industrial and commercial,
C) Municipal,
D) Firefighting and training,
E) Water main flushing,
F) Sewer flushing,
G) Street cleaning,
H) Public and private construction,
I) Leakage,
J) Lockage,
K) Storm water runoff,
L) Navigational makeup,
M) Discretionary diversion,
N) Unmetered services,
O) Non-revenue water, and
P) Other identified uses;
10) Summaries of the results and
				recommendations of any leak surveys conducted in the accounting
				period;
11) Amounts transferred and
				sources of all water sold or otherwise provided to any other named distribution
				system during the accounting period;
12) A copy of the current water rates for all
				consumers, including an indication whether each water rate structure is
				declining, flat or increasing; and
13) The name, address and telephone number of
				the person the Department should contact if further information is
				needed.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 3730 - ALLOCATION OF WATER FROM LAKE MICHIGAN › Subpart C - ALLOCATION RULES › Section 3730.310 - Petitions for Modification

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Petitions for modification of an allocation permit may be filed by any entity
				at any time. Petitions for modification must comply with Section
				3730.204(c).
				If the Department finds that any such petition is supported by an adequate
				statement of reasons, is not plainly devoid of merit or frivolous, and does not
				deal with a subject on which a hearing has been held within the preceding six
				months, a hearing shall be held pursuant to Sections
				3730.201 through
				3730.215.
				Copies of each petition for modification shall be served upon all parties to
				the allocation proceedings. A copy of the service list may be obtained from the
				Department.
b) Bases for
				modification of an allocation permit include, but are not limited to:
1) Evidence of a substantial change in
				circumstances that results in a change in water needs of the entity;
2) Violation of a permit condition and/or
				failure or neglect to properly utilize an allocation;
3) Determination by the Department that a
				total reallocation is necessary to best utilize the Lake Michigan diversion to
				preserve the health, safety and welfare of the Northeastern Illinois
				Metropolitan Region; or
4)
				Notification received by the Department from the Illinois Environmental
				Protection Agency stating that pollution abatement facilities affecting the
				water quality of the Chicago Area Waterway System have become operational or
				that standards affecting the water quality of the Chicago Area Waterway System
				have been changed.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 3730 - ALLOCATION OF WATER FROM LAKE MICHIGAN › Subpart D - ADMINISTRATIVE REVIEW › Section 3730.401 - Administrative Review

Current through Register Vol. 48, No. 28, July 12, 2024
All final administrative orders of the Director except those
				  orders which deal with rulemaking shall be subject to judicial review pursuant
				  to the Administrative Review Law [735 ILCS 5 /Art. III] by filing a complaint
				  and causing the issuance of summons on the Director and on each of the other
				  defendants within 35 days from the date that a copy of such order sought to be
				  reviewed was served.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 3730 - ALLOCATION OF WATER FROM LAKE MICHIGAN › Subpart D - ADMINISTRATIVE REVIEW › Section 3730.402 - Modification of Order and Decision of Department

Current through Register Vol. 48, No. 28, July 12, 2024
The Director at any time prior to the date on which he is
				  required to file his answer in a judicial review proceeding may upon reasonable
				  advance notice given to all parties by registered or certified mail, which
				  notice shall not be less than ten days in advance of such date, modify or set
				  aside in whole or in part the Order and Decision appealed
				  from.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 3730 - ALLOCATION OF WATER FROM LAKE MICHIGAN › Subpart E - PENALTIES › Section 3730.501 - Penalties

Current through Register Vol. 48, No. 28, July 12, 2024
Any person who shall neglect or refuse or fail to obey any
				  lawful order made by the Department or to carry the same into effect in
				  accordance with the terms thereof shall be guilty of a business offense and
				  shall be liable to a fine of not less than $1,000.00 nor more than $10,000.00
				  to be recovered in the name of the People of the State of Illinois in any court
				  of competent jurisdiction, as provided in Section 8 of the
				  Act.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 4000 - MANAGEMENT OF NATURE PRESERVES › Subpart A - GENERAL PROVISIONS › Section 4000.110 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
As used in these rules, the following terms have the meanings
				  indicated, except where the context requires otherwise:
"Act" is the Illinois Natural Areas Preservation Act (Ill.
				  Rev. Stat. 1991, ch. 105, pars. 701 et seq.) [525 ILCS 30 ].
"Buffer area" is defined in the Illinois Natural Areas
				  Preservation Act.
"Commission" is the Illinois Nature Preserves
				  Commission.
"Custodian" is the person or agency designated by the owner
				  as being responsible for the protection and care of a nature preserve in
				  accordance with this Part and the master plan.
"Department" is the Illinois Department of Natural
				  Resources.
"Instrument of dedication" is the term used in the Illinois
				  Natural Areas Preservation Act.
"Management schedule" consists of two documents in a form
				  prescribed by the Commission: the site management goals and the multi-year
				  management schedule, which are both specific to a nature preserve and describe
				  management activities to be undertaken therein.
"Master plan" is a written plan which, consistent with the
				  Illinois Natural Areas Preservation Act, the instrument of dedication, and this
				  Part, sets forth in detail the preservation, protection, management,
				  development, and use of a specific nature preserve, describing the ownership,
				  location, purpose, character, resources, and conditions of custody and
				  access.
"Nature preserve" or "preserve" is defined in the Illinois
				  Natural Areas Preservation Act.
"Rules" are Rules for Management of Nature Preserves, 17 Ill.
				  Adm. Code 4000.
"Special Use Permit" is a form used to evaluate and approve
				  research and other activities in nature preserves.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 4000 - MANAGEMENT OF NATURE PRESERVES › Subpart A - GENERAL PROVISIONS › Section 4000.120 - Applicability of Rules

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				provisions of the instrument of dedication for a nature preserve shall
				supersede subsequently adopted administrative rules, unless such rules are
				adopted pursuant to a statutory change requiring such modification of the
				rules.
b) Unless otherwise
				specified, the use of the term "nature preserve" in these rules applies to
				property dedicated as a nature preserve and property dedicated as a buffer
				area.
c) Management, development,
				or uses of a specific preserve, not otherwise allowed under the rules, may be
				allowed as a provision of the master plan for the site, or may be approved by
				the Commission under Section
				4000.160
				of this Part.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 4000 - MANAGEMENT OF NATURE PRESERVES › Subpart A - GENERAL PROVISIONS › Section 4000.130 - Administration and Custody

Current through Register Vol. 48, No. 28, July 12, 2024
a) If not
				otherwise provided in the instrument of dedication, the owner of a nature
				preserve shall be or shall designate an individual or agency as the custodian
				of the nature preserve. The custodian shall administer, manage, and protect the
				nature preserve in accordance with the instrument of dedication, rules, and the
				master plan or management schedule. The Commission must be notified by the
				owner or custodian of any changes in ownership, conditions of custody, access
				or use.
b) The custodian may assign
				or appoint a person or entity to participate in the administration, management,
				and protection of the preserve, defining their responsibilities and assuring
				that their activities are consistent with the instrument of dedication, rules,
				and the master plan or management schedule for the preserve.
c) The custodian may restrict or deny access
				to a nature preserve. However, members and agents of the Commission or their
				designees may enter any nature preserve for the purposes of
				inspection.
d) In case of
				resignation, death, disability, or failure of the custodian of a preserve not
				owned by the Department to administer and manage the preserve in accordance
				with the rules and master plan or management schedule, the Commission shall
				undertake or assign to another body such custodial functions as are necessary
				for the maintenance and protection of the preserve until the disability of the
				custodian is removed or a successor is designated.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 4000 - MANAGEMENT OF NATURE PRESERVES › Subpart A - GENERAL PROVISIONS › Section 4000.150 - Master Plans

Current through Register Vol. 48, No. 28, July 12, 2024
a) A master plan
				must be developed for each nature preserve. The master plan must address the
				preservation, protection, management, development, and use of the nature
				preserve, identify the nature preserve owner, the location and description of
				the nature preserve, and conditions of custody and access. The master plan must
				also identify the presence and location of high quality natural communities,
				threatened or endangered species, and other significant or notable natural
				features occurring on the preserve. Reserved rights, previously approved
				deviations from the rules approved under Section
				4000.160,
				and other pertinent Commission resolutions should be referenced in the master
				plan.
b) A master plan must be
				compiled following a master plan handbook prescribed by the Commission or a
				master plan must consist of the proposal for dedication pursuant to 2 Ill. Adm.
				Code 2150, the instrument of dedication, and a management schedule, which
				cumulatively address the requirements of Section
				4000.150(a).
				The management schedule must be approved by the owner of the nature preserve
				before being submitted to the Commission for approval. The Commission may
				approve the management schedule in whole or in part, with any exceptions stated
				in writing.
c) The management goals
				portion of the management schedule must address the following: the objective
				for establishing the preserve, the status of its natural features, the extent
				of any degradation, the amount of visitor use, any natural lands nearby, any
				threats to the integrity of the preserve, concluding with the overall
				management goals. Once the management goals portion of the management schedule
				has been approved it continues indefinitely unless revised, in contrast to the
				multi-year schedule which addresses specific management activities during a
				finite period of time. When the multi-year schedule approaches the end of such
				time period, a new schedule shall be prepared and, following the landowner's
				approval, shall be submitted to the Commission.
d) The owner and/or custodian may elect to
				prepare the master plan and any revisions thereto. Based upon the availability
				of staff and resources, the Commission may assist the owner with preparation of
				the master plan. If the owner and/or custodian do not elect to prepare the
				master plan, the Commission shall be responsible for arranging its preparation.
				The master plan and any revisions thereto shall take effect upon approval by
				the Commission and the owner.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 4000 - MANAGEMENT OF NATURE PRESERVES › Subpart A - GENERAL PROVISIONS › Section 4000.160 - Approval of Specific Management Activities

Current through Register Vol. 48, No. 28, July 12, 2024
Management activities otherwise prohibited under the rules or
				  an approved master plan may be approved by the Commission upon written request
				  of the owner. The request must outline the objective of the management
				  activity, and identify the natural communities and any threatened or endangered
				  species, or significant or notable natural features, that may be affected by
				  the proposed activity. If the Commission determines that the proposed activity
				  will enhance the natural features of the preserve, consistent with the proposal
				  for dedication, the Commission shall approve the request. The Commission may,
				  with reasonable notice to the custodian, withdraw approval for management
				  activities previously granted if it is subsequently determined that the
				  activity may have an adverse impact on the nature preserve.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 4000 - MANAGEMENT OF NATURE PRESERVES › Subpart A - GENERAL PROVISIONS › Section 4000.165 - Reports

Current through Register Vol. 48, No. 28, July 12, 2024
The custodian shall submit an annual report to the Commission
				  by February 15 of each year. The report shall be in such form as specified by
				  the Commission and will become a part of the record for each nature preserve as
				  described in Section
				  4000.620. It shall
				  include a record of natural catastrophes, visitor use, volunteer activities,
				  any possible violations of the Act or these rules, changes in adjacent land
				  use, and other influences affecting the natural conditions within the nature
				  preserve.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 4000 - MANAGEMENT OF NATURE PRESERVES › Subpart A - GENERAL PROVISIONS › Section 4000.170 - Intrusions

Current through Register Vol. 48, No. 28, July 12, 2024
There shall be no intrusions of structures, easements, rights
				  of way, or land uses which do not conform with this Part, except for
				  preexisting rights which are not inconsistent with the Act, those specifically
				  allowed as part of an approved master plan or management schedule, or those
				  approved as a deviation from the rules under Section
				  4000.160.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 4000 - MANAGEMENT OF NATURE PRESERVES › Subpart A - GENERAL PROVISIONS › Section 4000.180 - Emergency Situations

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Emergency situations shall be reported immediately to the custodian and to
				either the Commission or the Department.
b) Emergency situations that require
				immediate action to prevent injury to persons or damage to property as
				determined by the custodian, the Commission, or the Department shall be handled
				in such manner as to cause minimal damage to natural conditions. Entry of motor
				vehicles or heavy equipment into a preserve shall be avoided if
				possible.
c) Situations that do not
				threaten immediate injury to persons or immediate serious damage to property
				will be handled according to rules.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 4000 - MANAGEMENT OF NATURE PRESERVES › Subpart B - STRUCTURES AND FACILITIES › Section 4000.210 - Boundary Markers and Signs

Current through Register Vol. 48, No. 28, July 12, 2024
Nature preserves boundaries shall be made clearly evident by
				  posting boundary markers at intervals of approximately 330 feet if feasible, or
				  as otherwise provided in the master plan. Boundary marker signs shall conform
				  to the style of the signs provided by the Commission and Department.
				  Application may be made to the Commission or Department for boundary marker
				  signs, and shall be granted by the Commission or Department, based upon the
				  availability of resources. If appropriate, fencing or other means may also be
				  employed to indicate the boundaries of a preserve.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 4000 - MANAGEMENT OF NATURE PRESERVES › Subpart B - STRUCTURES AND FACILITIES › Section 4000.220 - Boundary Fences

Current through Register Vol. 48, No. 28, July 12, 2024
Boundary fences that are required by Section 2 of the Fence
				  Act (Ill. Rev. Stat. 1991, ch. 54, par. 2) [765 ILCS
				  130/2 ] or barriers that are needed to protect the
				  preserve may be installed as provided in the master plan or management
				  schedule. Generally they shall not be in a form that will create a detrimental
				  effect on movement of wildlife, air circulation, or other natural
				  conditions.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 4000 - MANAGEMENT OF NATURE PRESERVES › Subpart B - STRUCTURES AND FACILITIES › Section 4000.240 - Access Lanes

Current through Register Vol. 48, No. 28, July 12, 2024
Vehicular access lanes shall be installed and maintained
				  within a nature preserve only where essential for patrol, fire control, or
				  other management or research activities and shall be in accordance with the
				  master plan. Such lanes shall be closed to all except service vehicles. They
				  shall provide a single track, and clearing shall not extend more than 7 feet on
				  each side of the center of the lane. Service vehicles shall be used only on
				  such designated access lanes except in case of emergency or as approved by the
				  Commission.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 4000 - MANAGEMENT OF NATURE PRESERVES › Subpart B - STRUCTURES AND FACILITIES › Section 4000.250 - Firebreaks

Current through Register Vol. 48, No. 28, July 12, 2024
Where boundary firebreaks are needed, they shall be
				  constructed in a buffer area outside the preserve if possible. Firebreaks
				  within a preserve shall be kept to a minimum and shall be constructed only in
				  accordance with the master plan or management schedule. Temporary firebreaks,
				  made by mowing, raking, or wetting, may be used in conjunction with a
				  prescribed burn, pursuant to Section
				  4000.435.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 4000 - MANAGEMENT OF NATURE PRESERVES › Subpart B - STRUCTURES AND FACILITIES › Section 4000.260 - Trails

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				establishment or rehabilitation of trails in a nature preserve may be proposed
				in writing to the Commission with the prior approval of the landowner. Trails
				shall conform to the objectives of the nature preserve as stated in the master
				plan or management schedule. Trails shall be laid out so as to affect only part
				of the preserve and shall have minimal impact on natural features. Trails
				should have no adverse impact on endangered or threatened species or fragile or
				limited natural communities or features, pursuant to Section 11 of the Illinois
				Endangered Species Protection Act (Ill. Rev. Stat. 1991, ch. 8, par. 341
				[520 ILCS
				10/11 ].
b) The design and routing of any trails other
				than natural wildlife paths shall be specified in the master plan or management
				schedule. Trails shall be adequate to provide for permitted use of a preserve
				and to prevent erosion, trampling of vegetation, and other deterioration, but
				otherwise shall be kept to a minimum. Use of paving materials, footbridges, and
				elevated walks is permissible when provided for in the master plan or
				management schedule. Synthetic materials, painted or chemically treated wood,
				or stone or earth materials from outside the preserve may be used in trail
				construction only as provided in the master plan or management
				schedule.
c) Trail construction
				shall not threaten the continued existence of any population of a native plant
				or animal species in a nature preserve. No plant species listed as endangered
				or threatened pursuant to Ill. Rev. Stat. 1991, ch. 8, par. 337 [520 ILCS
				10/7 ] or designated in the master plan as a species
				of management concern shall be removed, damaged, or cut in trail construction
				or maintenance.
d) Any proposal for
				trail development or rehabilitation should address the suitability of the site
				for providing handicapped accessibility, considering factors such as the type
				of natural communities, soils, slope, topography hydrology, size of the nature
				preserve, and any threatened and endangered species habitat. Providing access
				to disabled persons is encouraged; however, public access is not a requirement
				of nature preserve dedication and is secondary to protection of the nature
				preserve. Consistent with the Americans with Disabilities Act of 1990,
				P.L.
				101-336, modifications to provide handicapped
				accessible trails are not required if such construction would harm the features
				for which the preserve was dedicated or where conditions such as steep slopes
				or saturated soils make it infeasible to meet regulations.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 4000 - MANAGEMENT OF NATURE PRESERVES › Subpart B - STRUCTURES AND FACILITIES › Section 4000.270 - Other Structures and Improvements

Current through Register Vol. 48, No. 28, July 12, 2024
a) Within a dedicated nature preserve,
				necessary signs, trash receptacles, and minor structures required to house
				research instruments or hand tools are permitted if provided for in the master
				plan, management schedule, or in a Special Use Permit. Signs and structures
				shall be approved by the Commission and the owner.
b) Within buffer areas, service areas may be
				established which provide access and parking, management facilities, and/or
				visitor facilities. Service areas must not impair the natural features of the
				nature preserve. Such necessary service areas should be included in the
				instrument of dedication, master plan or management schedule. All other
				structures and facilities not included in Section
				4000.270(a)
				shall be located in buffer areas or on property outside the dedicated nature
				preserve.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 4000 - MANAGEMENT OF NATURE PRESERVES › Subpart B - STRUCTURES AND FACILITIES › Section 4000.280 - Buffer Areas

Current through Register Vol. 48, No. 28, July 12, 2024
a) Land may be
				dedicated as a buffer area if it serves one or more of the following purposes:
1) protects the dedicated nature preserve or
				registered natural area;
2)
				provides access to the dedicated nature preserve or registered natural
				area;
3) serves as a necessary
				adjunct to the dedicated nature preserve or registered natural area;
				or
4) possesses potential for
				restoration of its natural features.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 4000 - MANAGEMENT OF NATURE PRESERVES › Subpart D - MANAGEMENT OF VISITORS AND USE › Section 4000.415 - Removal or Introduction of Objects

Current through Register Vol. 48, No. 28, July 12, 2024
a) Except in the circumstances described in
				subsection (b) and (c) below, there shall be no removal or consumptive use of
				any material, product, or object from a nature preserve and there shall be no
				introduction of any material, product, or object to a nature preserve.
				Prohibited activities include, but are not limited to, grazing by domestic
				animals; farming; gathering of firewood or any plant material including roots
				and seeds; mining or quarrying; harvesting of aquatic life, furbearers, or game
				animals; and dumping of garbage or other materials.
b) Removal or introduction of objects is
				allowed pursuant to Sections
				4000.210
				through
				4000.280, Sections
				4000.415
				through
				4000.475,
				Section
				4000.570,
				and Section
				4000.580;
				and as may be provided in the instrument of dedication, the master plan,
				management schedule, or pursuant to Section
				4000.160.
c) With prior notification of the Commission:
1) Old interior fences may be removed, giving
				consideration to leaving posts to mark boundaries between former land
				uses;
2) Rubbish may be removed;
				and
3) Structures having no
				utilitarian, historic, scientific, or habitat value may be demolished or
				removed.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 4000 - MANAGEMENT OF NATURE PRESERVES › Subpart D - MANAGEMENT OF VISITORS AND USE › Section 4000.425 - Management of Vegetation and Wildlife

Current through Register Vol. 48, No. 28, July 12, 2024
a) Control of plant succession
1) Control of plant succession by deliberate
				chemical or mechanical manipulation may be undertaken to preserve or restore a
				presettlement natural community or a threatened or endangered
				species.
2) Plant succession
				control measures may be undertaken as provided in the master plan or management
				schedule. Control measures shall be applied with caution and only to such part
				of the area as is necessary. Control measures shall be undertaken only with
				prior observation and study of the area and with scientific evidence of
				necessity. Control measures shall be followed by observation and reporting of
				results. The master plan or management schedule may allow employment of
				prescribed burning, mowing, grazing, cutting of shrubs and trees, girdling of
				trees, hand-pulling or cutting of invasive herbaceous species, application of
				herbicide as specified, and other management practices to alter plant
				succession.
3) Vegetation may be
				managed as specified in the master plan or management schedule. Allowable
				practices include but are not limited to the following:
A) Plant species not native to the site or
				vicinity may be eliminated by cutting, girdling, grubbing, or basal or foliar
				application of specified herbicide;
B) The use of prescribed burning in
				fire-maintained communities so long as the time of burning during the year, the
				frequency of burning, and the fractional amount of the area that may be burned
				each year has been reviewed and approved by the Commission pursuant to Section
				4000.435;
C) Invading native woody species may be
				eliminated or controlled by cutting, girdling, grubbing, or basal application
				of specified herbicide.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 4000 - MANAGEMENT OF NATURE PRESERVES › Subpart D - MANAGEMENT OF VISITORS AND USE › Section 4000.435 - Fire Control

Current through Register Vol. 48, No. 28, July 12, 2024
a) Wildfires -
				All wildfires shall be brought under control as quickly as possible,
				extinguishing burning materials to prevent potential reignition. Any dead
				standing trees or fire killed trees which pose a safety hazard may be removed
				pursuant to Section
				4000.475.
				After a fire within a nature preserve, there shall be no cleanup, fire hazard
				reduction, or replanting except with the approval of the Commission. Approval
				will be based upon health and safety considerations or need for
				restoration.
b) Prescribed burning
				- Prescribed burning may be conducted with the prior approval of the landowner
				and as part of a master plan or management schedule. The responsible person
				must also obtain, in advance of conducting prescribed burning, any other
				required local, county, State, or federal permits. A written plan shall be
				prepared for each prescribed burn on a standardized form. Burning shall not be
				done under conditions more hazardous than specified in the prescribed burn
				plan. Fire crew members shall be adequately trained and capable of fire
				control. Use of equipment and vehicles shall be specified in the prescribed
				burn plan; no equipment or vehicles that would cause damage or alteration to
				the natural features of the preserve shall be used.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 4000 - MANAGEMENT OF NATURE PRESERVES › Subpart D - MANAGEMENT OF VISITORS AND USE › Section 4000.440 - Water Level Control

Current through Register Vol. 48, No. 28, July 12, 2024
Natural water levels shall not be altered. Water levels which
				  have been altered by artificial means which include, but are not limited to,
				  installation of drain tiles and creation of ditches, may be changed if
				  identified in the master plan or management schedule as essential for the
				  maintenance and restoration of natural conditions or to protect significant or
				  notable features.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 4000 - MANAGEMENT OF NATURE PRESERVES › Subpart D - MANAGEMENT OF VISITORS AND USE › Section 4000.460 - Erosion Control

Current through Register Vol. 48, No. 28, July 12, 2024
Natural erosion shall not be controlled. Erosion and soil
				  deposition due to past or present disturbance by humans of natural conditions
				  within or outside of the preserve may be controlled in accordance with the
				  master plan or management schedule.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 4000 - MANAGEMENT OF NATURE PRESERVES › Subpart D - MANAGEMENT OF VISITORS AND USE › Section 4000.465 - Scenic and Landscape Management

Current through Register Vol. 48, No. 28, July 12, 2024
No measures shall be taken to alter natural growth or
				  features for the purpose of enhancing the beauty, neatness, or amenities of a
				  preserve.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 4000 - MANAGEMENT OF NATURE PRESERVES › Subpart D - MANAGEMENT OF VISITORS AND USE › Section 4000.475 - Elimination of Safety Hazards

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Installation of guard rails, fences, steps, and other devices necessary for
				visitor safety shall be as provided in the master plan or management schedule.
				Dead trees or branches that constitute a safety hazard to persons on trails or
				in other authorized use areas may be felled and removed from trails but shall
				not be removed from the preserve without notification and approval of the
				Commission.
b) Emergency situations
				are subject to Section
				4000.180.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 4000 - MANAGEMENT OF NATURE PRESERVES › Subpart D - MANAGEMENT OF VISITORS AND USE › Section 4000.540 - Visitation

Current through Register Vol. 48, No. 28, July 12, 2024
a) Nature preserves
				are open to the public unless closed by the owner. For those preserves that are
				open to the public, visitor use may occur to the degree that it will not impair
				natural conditions or threaten the natural features of the preserve. Where
				trails exist within a preserve, visitors are encouraged to stay on the trails.
				The owner may require that visitors to the preserve restrict their movement to
				the trails. Persons wishing to traverse areas of a nature preserve closed to
				visitation may obtain permission from the custodian or owner.
b) Public use shall be in accordance with 17
				Ill. Adm. Code 1510: Regulations of Public Use of Illinois Dedicated Nature
				Preserves (April 24, 1981 and subsequent revisions) and additional regulations
				of the custodian.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 4000 - MANAGEMENT OF NATURE PRESERVES › Subpart D - MANAGEMENT OF VISITORS AND USE › Section 4000.550 - Access Control

Current through Register Vol. 48, No. 28, July 12, 2024
a) Ingress and
				egress shall be allowed only at such locations and under such conditions as may
				be specified in the master plan, management schedule, or the instrument of
				dedication.
b) The owner and
				custodian have the authority to further limit access to the preserve as may be
				necessary for protection and proper management of the preserve.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 4000 - MANAGEMENT OF NATURE PRESERVES › Subpart D - MANAGEMENT OF VISITORS AND USE › Section 4000.560 - Orientation and Guidance of Visitors

Current through Register Vol. 48, No. 28, July 12, 2024
Orientation and guidance of visitors shall be in accordance
				  with the rules, and the master plan or management schedule. Interpretive signs,
				  structures or labels shall conform to Subpart B of this Part - Structures and
				  Facilities.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 4000 - MANAGEMENT OF NATURE PRESERVES › Subpart D - MANAGEMENT OF VISITORS AND USE › Section 4000.570 - Permits for Research or Educational Activities

Current through Register Vol. 48, No. 28, July 12, 2024
a) Application may be made to the Commission
				or Department for permission to conduct research or educational activities in
				nature preserves, using a Special Use Permit. The permit forms are available
				upon request from the Commission or Department. Whether the proposed activities
				would be carried out by an individual or by an organization, a permit is issued
				to an individual, who is then responsible for other persons or organization
				members referenced in the permit. To conduct research activities on nature
				preserves owned by public land managing agencies, a separate permit from the
				landowner or custodian may be required; in such cases the applicant must first
				obtain an approved permit from the landowner or custodian before applying to
				the Commission.
b) Examples of
				activities which require an approved permit include, but are not limited to,
				the following:
1) Removal of any substance in
				the nature preserve, such as plant or animal material, soil, surface water,
				groundwater, and archaeological artifacts, in accordance with Section
				4000.580;
2) Installation of monitoring equipment or
				other items; and
3) Nature
				observation and hiking by groups exceeding 25 persons.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 4000 - MANAGEMENT OF NATURE PRESERVES › Subpart D - MANAGEMENT OF VISITORS AND USE › Section 4000.580 - Collecting on Nature Preserves

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Persons wishing to collect scientific specimens for deposition in a permanent
				institutional collection available to the public or for purposes of an approved
				research project may do so pursuant to terms of a permit as specified in
				Section
				4000.570.
				Unless specifically stated, a permit does not allow the collecting of any
				species designated as endangered or threatened by the Endangered Species
				Protection Board.
b) There shall be
				no collecting of material for classroom or laboratory observation nor study or
				mass collecting by class groups. Collection of plant or animal material for the
				purpose of subsequent sale is prohibited. Exceptions to the above may be
				provided in the instrument of dedication of the nature preserve or the master
				plan therefor or may be provided by permit in unusual circumstances. Any such
				exception shall be considered as a deviation from the rules and treated as
				provided in Section 4000.570.
c) A
				person who wishes to collect for scientific purposes any of the fauna protected
				by the Wildlife Code (Ill. Rev. Stat. 1991, ch. 61, pars.
				1.1 et seq.) [520 ILCS 5 ]
				or the Fish Code of 1971 (Ill. Rev. Stat. 1991, ch. 56, pars.,
				1.1 et seq.) [515 ILCS 5 ]
				is also required to secure from the Department a scientific collecting permit
				pursuant to 17 Ill. Adm. Code 520. A Federal Fish and Wildlife Permit from the
				U.S. Fish and Wildlife Service is also required to collect migratory birds and
				federally endangered or threatened species.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 4000 - MANAGEMENT OF NATURE PRESERVES › Subpart E - PLANS AND RECORDS › Section 4000.620 - Records

Current through Register Vol. 48, No. 28, July 12, 2024
A record shall be kept by the Commission for each nature
				  preserve. Copies may be requested and held by the Department and the custodian.
				  The records shall be open to public inspection at a reasonable time and place.
				  The record shall include the instrument of dedication, any approved master plan
				  or management schedule, and annual reports as provided in Section
				  4000.165 and all other
				  pertinent documentary material, studies, reports, obsolete portions of the
				  master plan, and descriptions of significant events.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 4005 - PUBLIC MEETING ON PROPOSED ACTION - NATURE PRESERVES COMMISSION › Section 4005.10 - Notice of Proposed Action

Current through Register Vol. 48, No. 28, July 12, 2024
a)
			 Before the Commission takes an action pertaining to one or more specific areas
			 that, under the Illinois Natural Areas Preservation Act, requires public notice
			 and the opportunity for any person to be heard at a public meeting or to
			 request the holding of a public meeting, it shall provide such notice and
			 opportunity in the following manner:
b) The Commission shall publish at least
			 once, in a periodical publication of general circulation in the county or
			 counties within which the area is located, a notice of the proposed action and
			 of the opportunity for a public meeting to be held. It shall also give or mail
			 the notice to the Governor, all persons who regularly receive notices, agendas,
			 or minutes of meetings of the Commission, all persons known by it to be owners
			 or taxpaying agents of owners of tracts within the area to be affected by the
			 proposed action, all persons who have requested notice of proposed actions
			 concerning the area or proposed actions of the Commission in general, and all
			 organizations and agencies it knows to be directly concerned with the
			 preservation of natural areas in general or the specific area. The notice shall
			 locate, with or without legal description, the area affected, set forth the
			 substance of the proposed action, and state the availability of additional
			 information, if any.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 4005 - PUBLIC MEETING ON PROPOSED ACTION - NATURE PRESERVES COMMISSION › Section 4005.20 - Public Meeting

Current through Register Vol. 48, No. 28, July 12, 2024
a) If, within 45
			 days after publication of the notice of proposed action, any person with a
			 demonstrable economic or other direct interest requests in writing to the
			 Commission that it hold a public meeting on the proposed action, the Commission
			 shall call a public meeting for public discussion of the matter and give notice
			 of it in the same manner as it gave notice of the proposed action and of the
			 opportunity for a public meeting to be held. The notice shall include the time,
			 place, and purpose of the meeting. If the Commission determines that the
			 facilities in the nearest county or counties are physically unable to
			 accommodate the number of persons expected to attend, the meeting shall be held
			 in the next nearest county or counties. The meeting shall be held not less than
			 45 nor more than 90 days after publication and giving of the notice.
b) The Commission shall publish notice of its
			 intent to hold a public meeting at the time it publishes notice of the proposed
			 action, if at that time the Commission is aware that a public meeting shall be
			 held.
c) The meeting shall be
			 conducted and heard by one or more persons either serving on the Commission or
			 employed by the Commission. No transcript of the meeting is required. The
			 public meeting need not be a meeting of the Commission.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 4005 - PUBLIC MEETING ON PROPOSED ACTION - NATURE PRESERVES COMMISSION › Section 4005.30 - Public Comment

Current through Register Vol. 48, No. 28, July 12, 2024
Written comments may be submitted to the Commission 45 days
				after publication of the notice of proposed action or prior to the public
				meeting. Any interested person or his/her representative may speak at the
				public meeting.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 4005 - PUBLIC MEETING ON PROPOSED ACTION - NATURE PRESERVES COMMISSION › Section 4005.40 - Review of Public Comment

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
			 person or persons designated to hear the meeting shall transmit the remarks
			 made at the meeting, or a summary thereof, to the Commission, together with
			 copies of any written statements received. The meeting must, at a minimum, be
			 tape-recorded to ensure that the final report conveys an accurate recounting of
			 the events of the meeting.
b) The
			 Commission shall consider the statements submitted in writing or at the public
			 meeting in determining its decision concerning the proposed action.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 4010 - REGISTER OF LAND AND WATER RESERVES › Subpart A - GENERAL PROVISIONS › Section 4010.110 - 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:
"Commission" means the Illinois Nature Preserves
				  Commission.
"Department" means the Illinois Department of Natural
				  Resources.
"Illinois Natural Areas Inventory" is a comprehensive list of
				  natural areas of statewide significance as defined in the Illinois Natural
				  Areas Inventory - Technical Report (White, 1978). The Illinois Natural Areas
				  Inventory is maintained by the Department.
"Natural heritage resource" is a community of wild plants and
				  animals, a population of a species of plant or animal, or a physical feature
				  which was present as part of the Illinois landscape prior to settlement by
				  immigrants from Europe and is now rare, declining, or less abundant than
				  formerly.
"Register of Land and Water Reserves (or register)" is a list
				  of areas registered in accordance with the Illinois Natural Areas Preservation
				  Act (Ill. Rev. Stat. 1991, ch. 105, par. 701 et seq.) [525 ILCS 30 ], together
				  with records concerning them.
"Registration agreement" is a legal instrument that conveys
				  conservation rights consistent with the provisions of the Real Property
				  Conservation Rights Act (Ill. Rev. Stat. 1991, ch. 30, par. 400 et seq.) [765
				  ILCS 120 ].
Illinois Administrative Code › Title 17 - CONSERVATION › Part 4010 - REGISTER OF LAND AND WATER RESERVES › Subpart A - GENERAL PROVISIONS › Section 4010.120 - The Register of Land and Water Reserves

Current through Register Vol. 48, No. 28, July 12, 2024
The Register of Land and Water Reserves constitutes a land
				  and water protection program wherein lands and waters supporting significant
				  natural heritage resources or archaeological resources are recognized and
				  provided protection and management pursuant to this Part commensurate with the
				  interest of the public in their long term protection and stewardship.
				  Registered areas may be in public or private ownership. The registration may be
				  either donative or for a consideration.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 4010 - REGISTER OF LAND AND WATER RESERVES › Subpart A - GENERAL PROVISIONS › Section 4010.130 - The Registration Agreement

Current through Register Vol. 48, No. 28, July 12, 2024
a) The provisions of the registration
				agreement shall be as required by the Real Property Conservation Rights Act. It
				may recognize pre-existing encumbrances upon the property and may otherwise be
				in a form approved by the Commission and the Department.
b) The registration agreement shall be
				executed by the landowner, the Commission, and the Director of the
				Department.
c) The registration
				agreement shall provide specifically for the maintenance of significant natural
				features and associated ecological processes on the registered area and for
				conformity to this Part. The registration agreement shall contain by reference
				a management program as provided in Section
				4010.220.
d) The registration agreement shall provide
				representatives of the Department and Commission reasonable access to the
				registered property.