reglab/statecodes huggingface dataset:
Illinois Administrative Code › Title 17 - CONSERVATION › Part 4140 - THE ILLINOIS REGISTER OF HISTORIC PLACES › Section 4140.30 - Regulations Pertaining to Removal of a Place from the Illinois Register of Historic Places in Accordance with Section 10 of the "Illinois Historic Preservation Act"

Current through Register Vol. 48, No. 28, July 12, 2024
a) Any Person
			 may petition the Council in writing for the removal of a Place from the
			 Illinois Register of Historic Places by submitting to the Department the
			 reasons why it is believed the Place is no longer eligible. The petition must
			 include information showing conditions changed since the date of designation
			 and the Petitioner shall be responsible for showing changes.
b) At least 30 days prior to the next
			 regularly scheduled Council meeting notice will be sent to the person who
			 submitted the petition, the owner of record, and the presiding officer of the
			 county and municipal government where the place is located. This notice will
			 include the date, and place of the meeting where the petition for removal will
			 be considered.
c) The Council shall
			 consider the petition at a regularly scheduled meeting and may recommend
			 removal of a Place from the Illinois Register of Historic Places if it makes a
			 finding as set forth in Section 10 of the Act. The owner and the public shall
			 have the right to be heard and to present evidence at the Council
			 meeting.
d) The Director may order
			 the removal of any Place upon the recommendation of the Council and this will
			 be based upon criteria defined in 17 Ill. Adm. Code 330. The Place shall lose
			 the protection provided registered historic sites by the "Illinois Historic
			 Preservation Act" immediately upon its removal.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 4140 - THE ILLINOIS REGISTER OF HISTORIC PLACES › Section 4140.40 - Regulations Pertaining to the Reconsideration of Petitions and Applications which have been Rejected in Accordance with Section 5 of the "Illinois Historic Preservation Act"

Current through Register Vol. 48, No. 28, July 12, 2024
a) Applications
			 rejected by the Director or Council may be resubmitted to the Department when
			 the following conditions are met:
1) One full
			 year has elapsed from the date of the Council's decision; and
2) A completed new Illinois Register
			 Application has been submitted; and
3) New information of a significant nature
			 has been included in the new Illinois Register Application.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 4150 - TAX INCENTIVES TO REHABILITATE OWNER-OCCUPIED HISTORIC RESIDENCES › Section 4150.10 - Revenue Act of 1939, as amended

Current through Register Vol. 48, No. 28, July 12, 2024
In 1983, amendments to the Revenue Act of 1939 provided tax
				incentives to encourage owner-occupants to restore and rehabilitate their
				homes. These incentives take the form of freezing the properties; assessed
				valuation for eight years, once specified conditions are met. The Revenue Act
				assists landmark protection and revitalization by promoting the recognition and
				designation of historic buildings and areas throughout the state and by
				creating an incentive to upgrade neighborhoods and housing. In order to obtain
				the assessment freeze, the owner must first obtain a determination from the
				Director that the property qualifies as a historic building and then a
				determination that the rehabilitation of the property meets the Secretary of
				the Interior's standards for rehabilitation (
				36 CFR
				67.7, 1983 ). A certificate of rehabilitation
				may also be obtained from an approved local government.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 4150 - TAX INCENTIVES TO REHABILITATE OWNER-OCCUPIED HISTORIC RESIDENCES › Section 4150.20 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
a) The definitions
			 set forth in Section 20 (j-1) of the Revenue Act of 1939 will apply throughout
			 this Part.
b) The following
			 definitions will apply throughout this Part in lieu of those set forth in the
			 Act:
1) "Rehabilitation period" means the
			 period of time necessary to renovate, restore, preserve or rehabilitate an
			 historic building which commences on the first day of construction.
2) "Substantial rehabilitation" means a
			 rehabilitation project that provides a visible community benefit that enhances
			 or improves the condition of the historic building and involves at a minimum,
			 the exterior of the historic building.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 4150 - TAX INCENTIVES TO REHABILITATE OWNER-OCCUPIED HISTORIC RESIDENCES › Section 4150.40 - Regulations Pertaining to the Certification of an Historic Building

Current through Register Vol. 48, No. 28, July 12, 2024
a) A property
			 individually listed on the National Register of Historic Places or Illinois
			 Register of Historic Places or individually designated pursuant to an approved
			 county or municipal landmark ordinance is automatically considered to be a
			 certified historic building, and Section
			 4150.40(b)
			 & (c) do not apply.
b) A
			 property within a district listed on the National Register of Historic Places
			 or designated pursuant to an approved county or municipal landmark ordinance
			 must be determined, by the Director, to be of historic significance to the
			 district in which it is located in order to qualify as an historic building.
			 Any property owner may submit an application for certification of an historic
			 building in a form approved by the Director which contains the following
			 information:
1) the address and location of
			 the property
2) a map showing the
			 location of the property
3) any
			 photographs showing the current principal views of the building
4) designation authority, that is, The
			 Illinois Register, National Register of Historic Places, or local
			 ordinance
5) the name of the
			 district and a statement describing the contribution of the building to the
			 significance of the district.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 4150 - TAX INCENTIVES TO REHABILITATE OWNER-OCCUPIED HISTORIC RESIDENCES › Section 4150.50 - Regulations Pertaining to the Issuance of a Certificate of Rehabilitation

Current through Register Vol. 48, No. 28, July 12, 2024
a) The owner of a
			 certified historic building may submit an application for a certificate of
			 rehabilitation in a form approved by the Director which contains the following
			 information;
1) the address or location of the
			 certified historic building,
2)
			 documentation of the cost of the rehabilitation, including the cost of
			 architectural fees,
3) a statement
			 from the assessment officer stating the fair cash value of the historic
			 building for the year in which the rehabilitation period begins,
4) the owner's assurance in writing that no
			 certificate of rehabilitation has been approved for the same historic building
			 within four years after the last year of the adjustment valuation
			 period,
5) name and address of
			 assessment officer
6) a description
			 of the original condition of the building, when possible, and condition of the
			 building immediately prior to the rehabilitation,
7) a description of the completed
			 rehabilitation work, including plans and specifications,
8) documentation of the date on which
			 construction commenced, and
9)
			 black and white photographs 5" x 7" or larger showing the completed
			 rehabilitation work, the appearance of the structure immediately prior to the
			 rehabilitation, and if possible the original appearance of the
			 structure.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 4150 - TAX INCENTIVES TO REHABILITATE OWNER-OCCUPIED HISTORIC RESIDENCES › Section 4150.60 - Regulations Pertaining to the Approval of County or Municipal Landmark Ordinances

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
			 chief elected official of a county or municipality may request in writing the
			 approval of the Director for a landmark ordinance. The following documentation
			 shall accompany the request:
1) a copy of the
			 ordinance for which approval is requested,
2) a list, including the common addresses and
			 verbal boundary descriptions of all individual properties and historic
			 districts designated under the ordinance,
3) a description and statement of
			 significance for all designated individual properties and historic districts
			 which includes representative photographic views,
4) a map indicating the location of
			 individual landmarks and historic districts, and
Illinois Administrative Code › Title 17 - CONSERVATION › Part 4150 - TAX INCENTIVES TO REHABILITATE OWNER-OCCUPIED HISTORIC RESIDENCES › Section 4150.90 - Revocation of Certification of Rehabilitation

Current through Register Vol. 48, No. 28, July 12, 2024
A certification of rehabilitation shall be revoked pursuant to
				Section 20j-4(e) of the Revenue Act of 1939. A certification holder will be
				provided a hearing according to the procedures in 17 Ill. Adm. Code 2530 prior
				to revocation.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 4160 - PUBLIC USE OF HISTORIC SITES AND PROPERTIES › Section 4160.20 - Alcoholic Beverages - Possession, Consumption, Influence

Current through Register Vol. 48, No. 28, July 12, 2024
a) For any person to possess or consume or be
			 under the influence of intoxicating beverages, including beer or wine, on any
			 Historic Preservation Agency (Agency)-controlled property which is posted
			 indicating that such possession or consumption is unlawful.
b) For any person under the age of 21 to
			 possess, consume or be under the influence of intoxicating beverages, including
			 beer or wine, on any Agency-controlled property.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 4160 - PUBLIC USE OF HISTORIC SITES AND PROPERTIES › Section 4160.30 - Animals

Current through Register Vol. 48, No. 28, July 12, 2024
a) For any owner to
			 allow an unleashed dog, cat, or other domesticated animal on any
			 Agency-controlled area, and for any dog, cat or other domesticated animal on
			 any Agency-controlled area to be on a leash longer than 10 feet except for dogs
			 being trained for official police work. Such training is allowed only if
			 granted prior written approval by the site manager.
b) For any person to bring or keep in
			 Agency-controlled property a dog or other animal subject to rabies inoculation
			 unless in possession of proof that the animal has a current rabies inoculation.
			 Acceptable proof of such innoculation includes a rabies innoculation
			 certificate or a valid dog license.
c) For any person to keep a noisy, vicious,
			 or dangerous animal or one which is disturbing to other persons, on
			 Agency-controlled properties after being instructed by site staff to remove the
			 animal from the premises.
d) For
			 any person to ride or lead any horse in any Agency-controlled area, other than
			 designated bridle paths or equestrain areas, except that horses are permitted
			 at special events authorized by the Agency.
e) For any owner of livestock to allow
			 livestock to roam or graze on Agency controlled lands except when authorized by
			 lease, license or agreement approved in writing by the Agency.
f) For any person responsible for an animal
			 in a campground or day use area not to dispose of the animal's excrement
			 directly into an Agency garbage container with a tight fitting lid or have the
			 excrement put into a closed water-tight bag or water-tight container with the
			 lid closed and placed into an Agency trash container.
g) For the owners of a dog, cat, or other
			 domesticated animal to have the animal in any area designated as "NO PETS."
			 Such designation will be limited to beach areas, concession areas, and areas
			 within campgrounds and picnic areas where there are large numbers of people or
			 the presence of food or children.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 4160 - PUBLIC USE OF HISTORIC SITES AND PROPERTIES › Section 4160.40 - Boats and Other Watercraft

Current through Register Vol. 48, No. 28, July 12, 2024
a) For
			 any person to operate any watercraft on any Agency-controlled body of water
			 where posting prohibits such usage. However, Agency employees operating
			 watercraft in carrying out official duties and personnel of cooperating
			 agencies operating watercraft as authorized by the Agency are exempt from
			 boating regulations in this Section or in order to provide management actions
			 for enhancing or saving the resource base or the safety and welfare of the
			 using public.
b) For any person to
			 use a motor-driven boat on any body of water under the jurisdication of the
			 Agency.
c) For any boat owner to
			 allow a boat or other watercraft to remain on any of the public recreational
			 and fishing areas under the jurisdiction of the Agency beyond December 1 of
			 each year.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 4160 - PUBLIC USE OF HISTORIC SITES AND PROPERTIES › Section 4160.50 - Abandoned Watercraft

Current through Register Vol. 48, No. 28, July 12, 2024
It shall be unlawful for any person to abandon a watercraft on
				property controlled by the Agency.
a)
			 Abandoned watercraft is defined as a watercraft left unattended for a single
			 period longer than six hours on Agency-controlled land or water at an area
			 which is not authorized for boat docking.
b) The Agency shall have the power to remove
			 any abandoned watercraft and store said watercraft until claimed by the owner
			 and restitution fees of $15.00 for removal and $5.00 for each day's storage are
			 paid. The fees paid for removal and storage are separate from any criminal
			 penalty and do not affect criminal prosecution.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 4160 - PUBLIC USE OF HISTORIC SITES AND PROPERTIES › Section 4160.60 - Capacity of Areas

Current through Register Vol. 48, No. 28, July 12, 2024
a) For any
			 person to violate the rules and regulations pertaining to posted usage capacity
			 of campgrounds, picnic grounds, or other areas where limited facilities make it
			 necessary to control use by persons and/or motor vehicles. Site Managers and
			 other peace officers are authorized to close such facilities to additional
			 persons until such time as the number of users falls below the capacity posted
			 within the area.
b) For any person
			 to violate the posted closing period for any site except as permitted for
			 special events or in writing by the Agency.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 4160 - PUBLIC USE OF HISTORIC SITES AND PROPERTIES › Section 4160.70 - Camping/Campfires

Current through Register Vol. 48, No. 28, July 12, 2024
a) For any person
			 to use a tent or trailer, or any other type of camping device except in
			 designated camping areas, and persons camping in such designated areas shall
			 obtain a camping authorization slip from authorized site personnel.
b) For any person to build any fire in any
			 area except in campstoves provided by the Agency or in charcoal or other types
			 of metal grills which are furnished by the visitor at a specific campfire site
			 designated by the Agency.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 4160 - PUBLIC USE OF HISTORIC SITES AND PROPERTIES › Section 4160.80 - Destruction of Property

Current through Register Vol. 48, No. 28, July 12, 2024
a) For any
			 person to injure or remove any animal, plant or part thereof, or attempt to
			 disturb any agricultural crop, except as otherwise provided by permit, law,
			 regulation, or by Agency program activity under the direct supervision of an
			 authorized employee.
b) For any
			 person to remove, take, mutilate, deface or destroy any natural or manmade
			 property, equipment, improvement, sign or building, except as otherwise
			 provided by permit, law, regulation, or by Agency program activity under the
			 direct supervision of an authorized employee.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 4160 - PUBLIC USE OF HISTORIC SITES AND PROPERTIES › Section 4160.90 - Collection of Artifacts

Current through Register Vol. 48, No. 28, July 12, 2024
For any person to collect or take from Agency-controlled
				property artifacts and/or mutilate, destroy, deface, or excavate any
				Agency-controlled archaeological site except as provided by written permit
				issued by the Agency.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 4160 - PUBLIC USE OF HISTORIC SITES AND PROPERTIES › Section 4160.100 - Group Activity

Current through Register Vol. 48, No. 28, July 12, 2024
For organized groups of persons under the age of 18, to attend
				or use Agency facilities without the presence of one adult per each group of 15
				persons under the age of 18. Small organized groups with 2-14 persons under the
				age of 18 must also be accompanied by an adult.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 4160 - PUBLIC USE OF HISTORIC SITES AND PROPERTIES › Section 4160.110 - Littering

Current through Register Vol. 48, No. 28, July 12, 2024
a) For any person
			 using Agency facilities to discard, abandon, place, or deposit on Agency
			 properties, except in containers provided, any wire, cans, bottles, glass,
			 paper, trash, rubbish, garbage, cardboard, wood boxes or insoluble animal or
			 vegetable material, metal, or minerals.
b) For any person to bring onto Agency
			 property any of the items listed in Subsection (a) above with the express
			 purpose of disposing, abandoning, or leaving such materials on Agency
			 property.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 4160 - PUBLIC USE OF HISTORIC SITES AND PROPERTIES › Section 4160.120 - Prohibited Fishing Areas/Cleaning of Fish

Current through Register Vol. 48, No. 28, July 12, 2024
For any person to take fish from the waters of any
				Agency-controlled area except in accordance with the Fish Code of 1971 (Ill.
				Rev. Stat. 1989, ch. 56, par. 1:1 et seq.), and further, any fish or parts of
				fish remaining from cleaning must be placed in a proper refuse container with a
				tight fitting lid or removed from the area upon leaving.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 4160 - PUBLIC USE OF HISTORIC SITES AND PROPERTIES › Section 4160.130 - Restricted Areas and Activities

Current through Register Vol. 48, No. 28, July 12, 2024
a)
			 For any person to enter or remain in any area closed to visitors. Site Managers
			 and peace officers are authorized to prohibit the use of such closed
			 areas.
b) For any person to operate
			 a metal or mineral detection device on property owned or managed by the
			 Agency.
c) For any person to
			 operate a chain saw in any area which has been closed to such use. Site
			 Managers of the Agency shall prohibit such use in any area that does not allow
			 the collecting of firewood, has experienced illegal cutting of timber or at
			 which the noise will disturb other site users.
d) For any person to enter posted areas of
			 archaeological importance except by designated trails and paths.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 4160 - PUBLIC USE OF HISTORIC SITES AND PROPERTIES › Section 4160.140 - Soliciting/Advertising/Renting/Selling

Current through Register Vol. 48, No. 28, July 12, 2024
a) For any person
			 to place signs or distribute advertising of any type on Agency owned or managed
			 property without first obtaining a written permit from the Agency.
b) For any person to make sales or rentals or
			 solicit sales or rentals including placing signs or distributing advertisements
			 on Agency property without first obtaining a written permit, lease and/or
			 license from the Agency or in the case of lands managed by the Agency without
			 first obtaining a written permit, lease and/or license from the owner of the
			 property and the written approval of the Agency.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 4160 - PUBLIC USE OF HISTORIC SITES AND PROPERTIES › Section 4160.150 - Swimming/Wading

Current through Register Vol. 48, No. 28, July 12, 2024
For any person to swim/wade or bodily enter into the water on
				any Agency-controlled property. The exceptions to this rule include only the
				following:
a) areas designated by
			 posting as allowing swimming. Where lifeguards are not posted, no person under
			 17 years of age may swim or be on the beach without supervision of a parent,
			 guardian, or responsible adult, or
b) areas where an Agency-employed lifeguard
			 is on duty, or areas posted for other uses, such as waterfowl hunting, water
			 skiing, wading angling, or scuba diving.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 4160 - PUBLIC USE OF HISTORIC SITES AND PROPERTIES › Section 4160.160 - Vehicles

Current through Register Vol. 48, No. 28, July 12, 2024
a) For any person
			 to operate any motor vehicle on roadways posted as prohibiting such use except
			 that Site Managers shall, if it is to the Agency's benefit, grant written
			 permission to individuals or contractors to operate vehicles on such posted
			 roadways. These exceptions will include, but not be limited to, access by
			 lessees to leased property or adjacent private property; access by contractors
			 to the contract work site(s); and access by volunteers to project or program
			 areas which assist the site.
1) For any person
			 to operate a snowmobile in any area other than on posted trails except that
			 Site Managers shall, if it is to the Agency's benefit, grant written permission
			 to individuals to operate snowmobiles on other than posted trails. These
			 exceptions will include, but not be limited to, access by lessees to leased
			 property or adjacent private property; access by contractors to the contract
			 work site(s); and access by volunteers to project or program areas which assist
			 the site.
2) For any person to
			 operate any motor driven bicycle, mini-bike, motorcycle, or off-road vehicle
			 unless it is on a roadway designated for vehicular use or on a designated area
			 established by the Agency for off-road vehicular use, except that Site Managers
			 may, if it is to the Agency's benefit, grant written exceptions. These
			 exceptions will include, but not be limited to, access by lessees to leased
			 property or adjacent private property; access by contractors to the contract
			 work site(s); and access by volunteers to project or program areas which assist
			 the site.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 4160 - PUBLIC USE OF HISTORIC SITES AND PROPERTIES › Section 4160.170 - Weapons and Firearms/Display and Use

Current through Register Vol. 48, No. 28, July 12, 2024
For any person, other than authorized peace officers, to
				display or use on Agency-controlled lands, except as authorized by the Agency
				on hunting, field trial, target, or special event areas, any gun including
				shotgun, rifle, pistol, revolver, air or BB gun, sling shot, bow and arrow,
				switchblade knife with spring loaded blade, throwing knife, tomahawk or
				throwing axe, or martial arts devices. For purposes of historic interpretation,
				however, period weapons, or reproductions of such weapons, may be displayed or
				used within the context of reenactment.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 4160 - PUBLIC USE OF HISTORIC SITES AND PROPERTIES › Section 4160.180 - Picnicking/Bicycling/Skate Boarding

Current through Register Vol. 48, No. 28, July 12, 2024
For any person to violate the posted rules and regulations
				pertaining to the designated locations and hours for activites such as
				picnicking, bicycling, and skate-boarding. Such activities shall be limited to
				only those areas and times designated for them.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 4160 - PUBLIC USE OF HISTORIC SITES AND PROPERTIES › Section 4160.190 - Violation of Rule

Current through Register Vol. 48, No. 28, July 12, 2024
a) Any person who
			 violates any provision of this rule (Sections
			 4160.20
			 through
			 4160.180
			 ) shall be guilty of a Class B misdemeanor.
b) Any person who violates any provision of
			 this rule (Sections
			 4160.20
			 through 4160.180) shall be subject to arrest and/or removal from the premises
			 under applicable statutes including Ill. Rev. Stat. 1989, ch. 127, pars. 2513
			 and 2518; ch. 105, par. 468b(7); and Section 21-5 of the Criminal Code of 1961
			 (Ill. Rev. Stat. 1989, ch. 38, par. 21-5), Criminal Trespass to State Supported
			 Land.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 4170 - RULES FOR THE PROTECTION, OF HUMAN REMAINS, GRAVE ARTIFACTS, GRAVE MARKERS AND UNREGISTERED GRAVES › Subpart A - PROTECTION OF UNMARKED HUMAN BURIAL SITES AND UNREGISTERED GRAVES › Section 4170.100 - Purpose of Rules (Repealed)

Current through Register Vol. 48, No. 28, July 12, 2024
Illinois Administrative Code › Title 17 - CONSERVATION › Part 4170 - RULES FOR THE PROTECTION, OF HUMAN REMAINS, GRAVE ARTIFACTS, GRAVE MARKERS AND UNREGISTERED GRAVES › Subpart A - PROTECTION OF UNMARKED HUMAN BURIAL SITES AND UNREGISTERED GRAVES › Section 4170.200 - Notification and Investigation of Unregistered Graves and Grave Contents Located on Real Property

Current through Register Vol. 48, No. 28, July 12, 2024
a) If the
				Department is in possession of credible information that leads the Department
				to conclude that there is a likelihood that unregistered graves or grave
				contents are located on real property, then the Department shall notify the
				owner of the real property in writing of such information. This notification
				shall include the requirements under the Act to obtain a permit before any
				undertaking may take place on the real property that the Department determined
				likely to contain unregistered graves or grave contents.
b) Notification of Owner of Record of Permit
				Requirements.
The Department may recommend that a general archaeological
				  field investigation of the suspected location of unregistered grave or grave
				  contents be conducted by a professional archaeologist. If Native American
				  unregistered graves or grave contents are encountered, invasive archaeological
				  field investigations must be conducted with the approval of Tribal
				  Nations.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 4170 - RULES FOR THE PROTECTION, OF HUMAN REMAINS, GRAVE ARTIFACTS, GRAVE MARKERS AND UNREGISTERED GRAVES › Subpart A - PROTECTION OF UNMARKED HUMAN BURIAL SITES AND UNREGISTERED GRAVES › Section 4170.220 - Tribal Consultation

Current through Register Vol. 48, No. 28, July 12, 2024
When an unregistered grave, human remains or grave contents
				  are encountered and believed to be Native American in origin, the Department
				  will use adequate historical documentation to determine the contemporary Tribal
				  Nations that have an affiliation with the unregistered grave, human remains or
				  grave contents. The Department will create a contact list of affiliated Tribal
				  Nations. The Department's notice to the contact list shall include: details
				  regarding the materials that have been encountered; a report of their
				  condition; information about how the encounter occurred; which affiliated
				  Tribal Nations have been identified; and an invitation to attend a consultation
				  meeting that shall occur no sooner than 45 days after notification. Notice may
				  be by letter or electronic communication. If a Tribal Nation intends to
				  participate in the consultation meeting, then a response indicating attendance
				  must be sent to the Department within 30 days after the notice is issued.
				  Tribal Nations may attend the consultation in person, attend virtually, or
				  submit written comments to the Department. The Department shall gather
				  information related to the history of the location, details regarding the
				  encounter and a proposed draft treatment plan for discussion with the Tribal
				  Nations during the consultation. If an emergency exists, pursuant to Section
				  4170.300(c),
				  Tribal consultation may occur sooner than this Section requires if all Tribal
				  Nations that indicated they wish to participate and the Department agree that
				  Tribal consultation shall occur on an expedited basis.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 4170 - RULES FOR THE PROTECTION, OF HUMAN REMAINS, GRAVE ARTIFACTS, GRAVE MARKERS AND UNREGISTERED GRAVES › Subpart A - PROTECTION OF UNMARKED HUMAN BURIAL SITES AND UNREGISTERED GRAVES › Section 4170.300 - Permit Application

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Application for Preservation Work to Unregistered Graves. Those wishing to
				probe the ground to locate and recover buried grave markers and to clean,
				repair or reset grave markers in an unregistered cemetery must obtain a permit
				from the Department. The application shall be on a form provided by the
				Department. The application shall provide the following information:
1) The applicant's name and
				address;
2) The proposed cemetery
				preservation plan, including, but not limited to the location and address of
				the cemetery;
3) The applicant's
				knowledge of the nature of the remains;
4) The rationale for the proposed
				disturbance;
5) Proof of ownership
				of the applicant of the land that the proposed cemetery preservation
				undertaking is occurring on or written permission from the landowner granting
				permission for the proposed cemetery preservation undertaking to occur;
				and
6) Any additional information
				or documentation that the Department requests to ensure the preservation or
				protection of unregistered graves and grave contents.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 4170 - RULES FOR THE PROTECTION, OF HUMAN REMAINS, GRAVE ARTIFACTS, GRAVE MARKERS AND UNREGISTERED GRAVES › Subpart A - PROTECTION OF UNMARKED HUMAN BURIAL SITES AND UNREGISTERED GRAVES › Section 4170.305 - Department Review of Permit Application

Current through Register Vol. 48, No. 28, July 12, 2024
a) In reviewing an application for a permit
				pursuant to the Act and this Part, the Department shall consider:
1) The documentation provided by the
				applicant pursuant to Section
				4170.300, including if the
				information is complete and meets the criteria set out by the Act and this
				Part;
2) Kin, Tribal consultations,
				or related group opinions or comments regarding the disposition of the
				unregistered graves, human remains, grave artifacts, or grave markers;
				and
3) Protection of unregistered
				graves and grave contents.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 4170 - RULES FOR THE PROTECTION, OF HUMAN REMAINS, GRAVE ARTIFACTS, GRAVE MARKERS AND UNREGISTERED GRAVES › Subpart A - PROTECTION OF UNMARKED HUMAN BURIAL SITES AND UNREGISTERED GRAVES › Section 4170.310 - Issuance of Permits

Current through Register Vol. 48, No. 28, July 12, 2024
a)
Each
				permit shall specify all terms and conditions under which the avoidance,
				removal, or disturbance of human remains, grave artifacts, grave markers, or
				unregistered graves shall be carried out.
[20 ILCS
				3440/13(d) ]
b) Permit Conditions.
1) In all permits issued, the Department
				shall specify in writing:
A) The nature and
				extent of work allowed and required under the permit, including the time,
				duration, scope, and location of the avoidance, disturbance, or removal of
				unregistered graves and grave contents;
B) The name of the persons responsible for
				conducting the work and, if different, the name of the persons responsible for
				carrying out the terms and conditions of the permit; and
C) The Department-approved treatment
				plan.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 4170 - RULES FOR THE PROTECTION, OF HUMAN REMAINS, GRAVE ARTIFACTS, GRAVE MARKERS AND UNREGISTERED GRAVES › Subpart A - PROTECTION OF UNMARKED HUMAN BURIAL SITES AND UNREGISTERED GRAVES › Section 4170.320 - Financial Responsibility (Repealed)

Current through Register Vol. 48, No. 28, July 12, 2024
Illinois Administrative Code › Title 17 - CONSERVATION › Part 4170 - RULES FOR THE PROTECTION, OF HUMAN REMAINS, GRAVE ARTIFACTS, GRAVE MARKERS AND UNREGISTERED GRAVES › Subpart A - PROTECTION OF UNMARKED HUMAN BURIAL SITES AND UNREGISTERED GRAVES › Section 4170.330 - Suspension of Permits

Current through Register Vol. 48, No. 28, July 12, 2024
a) Suspension of
				Permits. The Department may suspend a permit if any of the following conditions
				occur:
1) Public health or safety is
				endangered by the continuation of activities authorized by the
				permit;
2) Information provided by
				the permittee to the Department was willfully misrepresented or false;
				or
3) The permittee is in violation
				of:
A) any conditions set forth in the permit
				as issued by the Department;
B) the
				Act; or
C) any of the rules of this
				Part.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 4170 - RULES FOR THE PROTECTION, OF HUMAN REMAINS, GRAVE ARTIFACTS, GRAVE MARKERS AND UNREGISTERED GRAVES › Subpart A - PROTECTION OF UNMARKED HUMAN BURIAL SITES AND UNREGISTERED GRAVES › Section 4170.340 - Reports Required

Current through Register Vol. 48, No. 28, July 12, 2024
a) Field
				Summary. A Field Summary shall include the following:
1) The location of and count of all
				encountered unregistered graves.
2)
				The field methodologies used for the identification and removal of unregistered
				graves and grave contents.
3) A
				chronology of all actions taken during the course of the investigation and
				removal or avoidance of any unregistered grave or grave contents that is
				covered by a permit issued pursuant to the Act.
4) A listing of all individuals involved in
				the actions taken as reported in subsection (a)(2) and (3).
5) Current storage location of all
				encountered human remains, grave artifacts or grave markers.
6) Within 30 days of the conclusion of the
				field investigation of the unregistered grave or grave contents, the individual
				providing such services shall file a field summary with the Department.
				Additional time to file a field summary with the Department may be granted at
				the discretion of the Department. Any extension of time to file a field summary
				shall only be by written consent of the Department.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 4170 - RULES FOR THE PROTECTION, OF HUMAN REMAINS, GRAVE ARTIFACTS, GRAVE MARKERS AND UNREGISTERED GRAVES › Subpart A - PROTECTION OF UNMARKED HUMAN BURIAL SITES AND UNREGISTERED GRAVES › Section 4170.350 - Forms

Current through Register Vol. 48, No. 28, July 12, 2024
Any form required by the Department pursuant to the Act or
				  this Part may be requested by contacting the Department at
				  DNR.ILHRPA@illinois.gov, or may be found on the Department's website at
www.dnr.illinois.gov
.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 4170 - RULES FOR THE PROTECTION, OF HUMAN REMAINS, GRAVE ARTIFACTS, GRAVE MARKERS AND UNREGISTERED GRAVES › Subpart A - PROTECTION OF UNMARKED HUMAN BURIAL SITES AND UNREGISTERED GRAVES › Section 4170.400 - Disposition of Human Remains, Grave Markers and Grave Artifacts

Current through Register Vol. 48, No. 28, July 12, 2024
a) All grave
				contents shall be turned over to the Department within 30 days of the
				acceptance of the report of investigation by the Department.
b) Items Identified by Kin. If kin can be
				identified, the identified kin shall have the authority concerning the ultimate
				disposition of the human remains, grave markers, or grave artifacts in the
				possession of the Department.
c)
				Items Identified of a Related Group. If human remains, grave markers, or grave
				artifacts in the possession of the Department are identified as being part of a
				related group, the Department shall consult with the identified related groups.
				The disposition of the human remains, grave markers, or grave artifacts shall
				be in accordance with the desires of such related groups.
d) No Kin or Related Group Identified.
				Whenever the Department is unable to identify kin or a related group, or the
				kin or related group identified fails to make a recommendation regarding the
				disposition of human remains, grave markers, or grave artifacts, the Department
				shall treat the human remains, grave markers, and grave artifacts in accordance
				with its curation and recordation policies regarding human remains,
				unregistered graves, grave artifacts, and grave markers.
e) Other Disposition. Persons or groups may
				submit to the Department adequate historical documentation demonstrating their
				relationship to specific human remains, grave markers, or grave artifacts. The
				Department will review these documents, and after a determination by the
				Department that relationship exists, the Department will work towards
				repatriation of those items to affiliated kin or related groups.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 4170 - RULES FOR THE PROTECTION, OF HUMAN REMAINS, GRAVE ARTIFACTS, GRAVE MARKERS AND UNREGISTERED GRAVES › Subpart A - PROTECTION OF UNMARKED HUMAN BURIAL SITES AND UNREGISTERED GRAVES › Section 4170.410 - Transfer of Jurisdiction Over Human Remains (Repealed)

Current through Register Vol. 48, No. 28, July 12, 2024
Illinois Administrative Code › Title 17 - CONSERVATION › Part 4170 - RULES FOR THE PROTECTION, OF HUMAN REMAINS, GRAVE ARTIFACTS, GRAVE MARKERS AND UNREGISTERED GRAVES › Subpart A - PROTECTION OF UNMARKED HUMAN BURIAL SITES AND UNREGISTERED GRAVES › Section 4170.420 - Appeals

Current through Register Vol. 48, No. 28, July 12, 2024
a) Any permittee
				who receives notice of suspension or revocation, any permittee contesting a
				condition of a permit, or any related group or kin contesting the disposition
				of human remains, unregistered graves, grave markers, or grave artifacts may
				request an administrative hearing.
b) Suspension Appeal
1) If a permit is suspended or revoked, the
				permit holder will be issued a Notice of Suspension/Revocation through U.S.
				mail. An affidavit of mailing shall be proof that the notice was received.
				Notification will contain the factual and legal reason for the suspension or
				revocation and shall be sent by standard U.S. mail.
2) Any person whose permit is suspended or
				revoked shall have the right to appeal by filing two copies of the Petition for
				Hearing. Both copies of the Petition for Hearing shall be mailed to or filed
				with:
Illinois Department of Natural Resources
Office of Legal Counsel
One Natural Resources Way
Springfield, IL 627092-1271
3) Petitions must be sent to the Department
				and postmarked no later than 30 days after the Notice of Denial was mailed for
				the petition to be considered.
4)
				If a timely Petition for Hearing is not received by the Department, then the
				suspension or revocation will be considered final without further
				notice.
5) The petition shall be
				styled "In Human Remains Act Permit Suspension/Revocation of (name), PETITION
				FOR HEARING". The petition shall contain sufficient facts in justification of a
				hearing and shall be signed by the Petitioner. The party filing the petition
				shall be designated the Petitioner. The Department shall be designated the
				Respondent.
6) The hearing will be
				conducted in accordance with the Department's rules for contested hearings at
				17 Ill. Adm. Code 2530, Subpart D.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 4170 - RULES FOR THE PROTECTION, OF HUMAN REMAINS, GRAVE ARTIFACTS, GRAVE MARKERS AND UNREGISTERED GRAVES › Subpart A - PROTECTION OF UNMARKED HUMAN BURIAL SITES AND UNREGISTERED GRAVES › Section 4170.430 - Delegation of Responsibilities (Repealed)

Current through Register Vol. 48, No. 28, July 12, 2024
Illinois Administrative Code › Title 17 - CONSERVATION › Part 4170 - RULES FOR THE PROTECTION, OF HUMAN REMAINS, GRAVE ARTIFACTS, GRAVE MARKERS AND UNREGISTERED GRAVES › Subpart A - PROTECTION OF UNMARKED HUMAN BURIAL SITES AND UNREGISTERED GRAVES › Section 4170.440 - Custody and Curation (Repealed)

Current through Register Vol. 48, No. 28, July 12, 2024
Illinois Administrative Code › Title 17 - CONSERVATION › Part 4170 - RULES FOR THE PROTECTION, OF HUMAN REMAINS, GRAVE ARTIFACTS, GRAVE MARKERS AND UNREGISTERED GRAVES › Subpart A - PROTECTION OF UNMARKED HUMAN BURIAL SITES AND UNREGISTERED GRAVES › Section 4170.500 - Scientific Treatment and Disposition of Human Remains Transferred to the Illinois State Museum (Repealed)

Current through Register Vol. 48, No. 28, July 12, 2024
Illinois Administrative Code › Title 17 - CONSERVATION › Part 4170 - RULES FOR THE PROTECTION, OF HUMAN REMAINS, GRAVE ARTIFACTS, GRAVE MARKERS AND UNREGISTERED GRAVES › Subpart B - PROHIBITED ACTS; PENALTIES › Section 4170.600 - Prohibited Acts; Notification of Department (Repealed)

Current through Register Vol. 48, No. 28, July 12, 2024
Illinois Administrative Code › Title 17 - CONSERVATION › Part 4170 - RULES FOR THE PROTECTION, OF HUMAN REMAINS, GRAVE ARTIFACTS, GRAVE MARKERS AND UNREGISTERED GRAVES › Subpart B - PROHIBITED ACTS; PENALTIES › Section 4170.650 - Rewards

Current through Register Vol. 48, No. 28, July 12, 2024
At the discretion of the Department, pursuant to Section 9 of
				  the Act, the Department may advertise a reward for information leading to the
				  arrest and conviction of any person who violates the Act. The Director may
				  certify to the State Comptroller that a person is eligible to receive payment.
				  Officers and employees of federal, State, or local government who furnish
				  information or render service in the performance of their official duties shall
				  not be certified eligible to receive payment of rewards.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 4170 - RULES FOR THE PROTECTION, OF HUMAN REMAINS, GRAVE ARTIFACTS, GRAVE MARKERS AND UNREGISTERED GRAVES › Subpart C - ILLINOIS INVENTORY OF BURIAL SITES › Section 4170.700 - Purpose of Inventory (Repealed)

Current through Register Vol. 48, No. 28, July 12, 2024
Illinois Administrative Code › Title 17 - CONSERVATION › Part 4170 - RULES FOR THE PROTECTION, OF HUMAN REMAINS, GRAVE ARTIFACTS, GRAVE MARKERS AND UNREGISTERED GRAVES › Subpart C - ILLINOIS INVENTORY OF BURIAL SITES › Section 4170.710 - Inventorying of Burial Site (Repealed)

Current through Register Vol. 48, No. 28, July 12, 2024
Illinois Administrative Code › Title 17 - CONSERVATION › Part 4170 - RULES FOR THE PROTECTION, OF HUMAN REMAINS, GRAVE ARTIFACTS, GRAVE MARKERS AND UNREGISTERED GRAVES › Subpart C - ILLINOIS INVENTORY OF BURIAL SITES › Section 4170.720 - Confidentiality (Repealed)

Current through Register Vol. 48, No. 28, July 12, 2024
Illinois Administrative Code › Title 17 - CONSERVATION › Part 4170 - RULES FOR THE PROTECTION, OF HUMAN REMAINS, GRAVE ARTIFACTS, GRAVE MARKERS AND UNREGISTERED GRAVES › Subpart C - ILLINOIS INVENTORY OF BURIAL SITES › Section 4170.800 - Burial Location on Department-Owned, -Managed, or -Leased Land

Current through Register Vol. 48, No. 28, July 12, 2024
The Department may identify locations for repatriated human
				  remains, grave artifacts, and grave markers on Department-Owned, -Managed,
				  or-Leased land using adequate historical documentation and Tribal consultation.
				  The method of repatriation shall be with Tribal approval.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 4180 - RULES FOR REVIEW OF STATE AGENCY UNDERTAKINGS › Subpart A - GENERAL › Section 4180.100 - Purpose of Rules

Current through Register Vol. 48, No. 28, July 12, 2024
a) To set forth
				the practice and procedures to be followed by the Illinois Historic
				Preservation Agency (IHPA) and all other State agencies in reviewing the effect
				of State agency undertakings on historic resources;
b) To establish procedures to facilitate
				inter-agency activities; and
c) To
				establish procedures to allow public access to the review process.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 4180 - RULES FOR REVIEW OF STATE AGENCY UNDERTAKINGS › Subpart A - GENERAL › Section 4180.110 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
a) Words shall have
				the meaning as defined in the Illinois State Agency Historic Resources
				Preservation Act (Ill. Rev. Stat. 1989, ch. 127, par. 133c21 et seq.,
				hereinafter referred to as "the Act").
b) "Area of Potential Effects". The Area of
				Potential Effects includes the geographical area or areas within which an
				undertaking will cause changes in the character or use of historic
				properties.
c) "Director" as used
				herein shall mean the Director of IHPA or his designee.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 4180 - RULES FOR REVIEW OF STATE AGENCY UNDERTAKINGS › Subpart A - GENERAL › Section 4180.120 - Incorporations by Reference

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				definition and interpretation of criteria for the National Register of Historic
				Places as found in Section 101 of the National Historic Preservation Act of
				1966 (
				16 U.S.C.
				470 ) and its implementing regulations ( 36
				CFR 60 ).
b) The interpretation for
				the criteria of adverse effect and the definition of "no adverse effect" as
				found in Section 106 of the National Historic Preservation Act (
				16 U.S.C.
				470 ) and its implementing regulations,
				"Protection of Historic Properties" ( 36 CFR 800 ).
c) Minimum professional standards of
				education and experience for qualified professionals for purposes of conducting
				activities in compliance with this Act as found in the National Historic
				Preservation Act (
				16 U.S.C.
				470 ) and its implementing regulations ( 36
				CFR 61, Appendix A).
d) Minimum
				professional standards for archaeological surveys and evaluation are provided
				in "Guidelines For Archeological Consultants and Reconnaissance Surveys and
				Reports", Illinois Historic Preservation Agency, revised June 1991. This
				document is available from the IHPA, Preservation Services Division, Old State
				Capitol, Springfield, Illinois 62701.
e) Minimum standards for documentation to be
				provided in compliance with the Act can be found in "Archaeology and Historic
				Preservation; Secretary of the Interior's Standards and Guidelines"; Federal
				Register, Vol. 48, N. 190, pp. 44716-44742.
f) The depiction of "high probability areas"
				on county maps as produced according to the criteria in Ill. Rev. Stat. 1991,
				ch. 127, par. 133c22 (j) by the Illinois State Museum from data maintained in
				the Illinois Geographical Information System as of July 1, 1992. The maps are
				maintained and available for inspection by the public at the offices of the
				Illinois Historic Preservation Agency, Archaeology Section, 500 East Madison
				Street, Springfield, 62701 and at the Illinois State Museum Collection Center,
				Department of Anthropology, 1920 101/2 Street, Springfield, 62703. Copies may
				be obtained from the Illinois State Museum Collection Center, Department of
				Anthropology.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 4180 - RULES FOR REVIEW OF STATE AGENCY UNDERTAKINGS › Subpart A - GENERAL › Section 4180.130 - Applicability

Current through Register Vol. 48, No. 28, July 12, 2024
These rules apply to all State agency undertakings as defined
				  in Section 3(f) of the Act exclusive of those exempted by Section 4(g) of the
				  Act.