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

Current through Register Vol. 48, No. 28, July 12, 2024
PREFACE
The Farmland Preservation Act (Ill. Rev. Stat. 1991, ch. 5,
				par. 1301 et seq.) [505 ILCS 75 ] requires the Department of Transportation
				(DOT) and nine other State agencies to develop a policy statement specifying
				the agency's policy toward farmland preservation. The following statement has
				been prepared in response to that requirement. A working agreement has also
				been prepared to describe the administrative process that will be used to
				implement the policy. The Agricultural Land Preservation Policy prepared in
				response to Executive Order 80-4, signed by Governor James R. Thompson on July
				22, 1980, will also remain in effect in accordance with Section 4 of the
				Farmland Preservation Act.
POLICY
Recognizing that its transportation objectives must be in
				concert with the overall goals of the State, it is the policy of the DOT, in
				its programs, procedures, and operations, to preserve Illinois farmland to the
				extent practicable and feasible, giving appropriate consideration to the
				state's social, economic, and environmental goals.
BACKGROUND/PERSPECTIVE
Highways, rail systems, airports, and port terminals by their
				nature, occupy land. The extent that transportation facilities will occupy
				today's farmland in the future primarily will depend on the DOT's programs,
				safety and operational requirements, and the degree to which a responsible
				balance is established among the various development and preservation interests
				of the State of Illinois.
With the existence of a comprehensive and largely complete
				transportation system in Illinois, the DOT's major program emphasis is directed
				toward preservation and rehabilitation of existing facilities, rather than
				expansion. Rehabilitation of the system for full and effective use, however,
				will require some additional land acquisitions to satisfy current safety and
				operational requirements. A limited number of new or expanded transportation
				facilities will be required in order to attract business and industry and
				improve service and access to Illinois markets. Expansion efforts must be
				carefully managed to preserve the agricultural community while serving the
				rural areas of the State.
In the past, new transportation facilities often were
				constructed on farmlands. This was due, in part, to a number of Federal laws
				and regulations pertaining to the protection of other sensitive areas, such as
				flood plains, wetlands, wildlife habitats, etc. Special protection is also
				provided for parks and historic sites. Federal law requires that such lands not
				be used for Federal-aid highway purposes, unless no feasible and prudent
				alternative is available. Executive Order 80-4 and the Farmland Preservation
				Act increase the protection afforded farmland, so that it is commensurate with
				the importance of the resource.
AGRICULTURAL IMPACTS OF HIGHWAY
				CONSTRUCTION
During FY 92, approximately 280 acres of agricultural land were
				purchased for the State highway system. This represents slightly less than 1
				percent of the total farmland acquired or impacted during that period by the 10
				State agencies regulated by the Farmland Preservation Act. It is anticipated
				that future conversions of farmland for highway purposes will average less than
				1,000 acres per year.
The rate of farmland conversion for highway usage is expected
				to remain near current levels for three reasons. First, the current emphasis on
				rehabilitation of the existing system is expected to continue in the future.
				Because much of today's system was constructed in the 1920's and 1930's, an
				extensive and continuing program is necessary to rehabilitate and replace
				narrow and deteriorated bridges and pavements. Such a program is not expected
				to require significant land acquisitions. Secondly, certain mitigating factors
				for reducing adverse agricultural impacts already have been introduced into
				highway designs, and more are expected. For example, current design practices
				now encourage use of narrower medians and smaller interchanges. The third
				reason is the increased importance given agricultural conversions in decisions
				regarding highway projects.
AGRICULTURAL IMPACTS OF AIRPORT
				DEVELOPMENT
The publicly owned State airport system currently consists of
				79 airports, serving 51 air carrier or commuter airlines and thousands of
				private pilots. The public airports outside Chicago occupy 39, 089 acres. Since
				1983, public airports have acquired 4,433 acres, often without State financial
				support.
With a few exceptions, the system of airports envisioned in the
				State Airport System Plan is in place. Scott Air Force Base near Belleville,
				Illinois will be expanded within the immediate future to accommodate joint
				military-civilian operations. Studies are in progress for a third major airport
				to serve the Chicago area and its environs. In addition, construction of four
				or five new small airports is anticipated over the next 20 years. Limited
				expansion of existing airports will also be undertaken. Safety requirements of
				proposed airport projects will be balanced with an analysis of farmland impacts
				as required by Executive Order 80-4, the Farmland Preservation Act, and this
				Departmental Policy Statement.
AGRICULTURAL IMPACTS OF RAILROADS
The Illinois railroad system is a mature network of
				approximately 7,900 route miles (as of January 1, 1992) which includes
				mainlines and branchlines. This system has been gradually shrinking over the
				years as light density lines are abandoned and traffic is concentrated on fewer
				lines. Occasionally, the net result of branchline abandonment has been an
				increase in the amount of land in agricultural production since abandoned
				right-of-way can be restored to farmland usage.
The DOT does not own or operate railroad lines and does not
				exercise jurisdiction over most railroad projects which might affect farmland.
				However, in those instances where future Departmental decisions regarding
				railroad projects might impact the State's farmland resources, due
				consideration will be given to preserving agricultural land and minimizing
				adverse impacts on its productive capacity.
AGRICULTURAL IMPACTS OF WATER RESOURCES
				PROJECTS
Water resources projects, such as reservoirs, waterways,
				levees, and flood channels, involve land taking and damages and may cause
				production losses through conversion of farmland. However, the DOT's projects
				in recent years have concentrated on urban flood control. Where farmland is
				involved, a special evaluation will be made of the related impacts.
Some projects requiring DOT permits have the potential to cause
				increased flood damages on adjacent farmland. Flood impacts on adjacent
				farmland uses are considered, and permits are conditioned or denied in order to
				minimize such damages.
IMPACT MITIGATION
The DOT is committed to initiating special measures when
				transportation projects affect agricultural lands. Design standards are
				periodically reviewed and revised, and the new standards tend to favor minimal
				land acquisition, taking only those lands needed for construction and
				maintenance. For example, standardized right-of-way requirements for certain
				types of highways have been eliminated in favor of flexible requirements that
				stipulate acquisition of only those lands essential for construction and
				maintenance. The DOT will place a high priority on selecting lands which are
				not Prime farmlands for wetland mitigation purposes in devising wetland
				compensation plans. Consideration will also be given to mitigating wetland
				impacts on publicly owned lands (State or federal lands). Where land is
				purchased to prevent developments incompatible with transportation system
				safety or noise standards, such as land adjacent to airports, the DOT will give
				priority to acquiring easements on its own projects and will encourage other
				agencies to acquire only the development rights in the surrounding areas, so
				that the acreage can continue in agricultural use.
Planning studies for transportation or water resources projects
				will include an early determination of the potential for farmland impacts. The
				DOT will carefully consider the impacts of farmland conversion on the
				agricultural economy of the State.
Studies conducted in conjunction with transportation and water
				resources projects will include coordination and consultation with the Illinois
				Department of Agriculture and, when appropriate, other agricultural
				representatives. This interdisciplinary approach should assure that the impacts
				of DOT projects on the agricultural community are adequately and accurately
				assessed.
Although the DOT's mitigation measures will not necessarily
				eliminate the conversion of farmland to non-agricultural purposes, impact
				analysis and coordination will assure that a given conversion is consistent
				with our programmatic responsibilities, Executive Order 80-4, and the Farmland
				Preservation Act.
Illinois Department of Transportation - Illinois
				Department of Agriculture Cooperative Working Agreement
Pursuant to Section 4 of the Farmland Preservation Act, the
				Illinois Department of Transportation ("DOT") and the Illinois Department of
				Agriculture ("DOA") hereby mutually agree to the following:
1. This Cooperative Working Agreement ("AGREEMENT")
				sets the guidelines for the implementation of the DOT's Agricultural Land
				Preservation Policy.
2. This AGREEMENT shall apply to those projects
				which the DOT authorizes, or in which it participates, except the
				following:
a) Those non-linear (spot) projects acquiring 10
				acres or less of land;
b) Those linear projects acquiring 3 acres or less
				of land per project mile;
c) Those projects located within the boundary of an
				incorporated municipality;
d) Those projects located within the official one
				and one-half mile planning area of the comprehensive plan, if one exists, of an
				incorporated municipality;
e) Current projects as described by Section 7 of the
				Farmland Preservation Act.
3. The DOT agrees to notify, in writing, the DOA of
				projects that will have an impact on farmland in Illinois. The notice from the
				DOT should always be sent to the DOA within the location and environmental
				study phase and prior to the holding of any public hearings related to the
				project. This notice may be accomplished by the transmission of documents such
				as, but not limited to, the following:
a) proposed airport layout plans,
b) draft and final environmental analyses,
c) Illinois Rail Plan,
d) FY ____ Highway Improvement Plan,
e) Water Resources Planning Reports, and
f) documents containing project descriptions.
4. The DOA shall determine, within 10 days, whether
				a Study of Agricultural Impacts is needed or not. When DOA finds that such
				study is necessary, the study shall be conducted as provided in paragraph 8
				below.
5. The DOT will update its notices of farmland
				impacts as plans are changed and new information becomes available.
6. The DOT will cooperate in DOA's preparation of
				its annual report to the Governor and to the General Assembly on the amount of
				farmland converted to non-agricultural uses as a result of State action. The
				DOA will attempt to advise the DOT of the type of information needed a year in
				advance of the request for that information.
7. The DOT will mitigate the agricultural impacts of
				its projects covered by this AGREEMENT as provided in the Illinois Department
				of Transportation Agricultural Land Preservation Policy and its subsequent
				amendments. Minimum median widths and compressed diamond interchanges are
				representative of the mitigative measures that reduce the adverse impacts of
				highway construction on agricultural resources. The DOT will place a high
				priority on selecting lands which are not Prime farmlands for wetland
				mitigation purposes in devising wetland compensation plans. Consideration will
				also be given to mitigating wetland impacts on publicly owned lands (State or
				federal lands). In accordance with Sections 2 and 3 of this AGREEMENT, wetland
				compensation plans will be furnished to the DOA for review to determine
				compliance with the Farmland Preservation Act.
8. The DOA further agrees to the following:
a) To follow its project review process contained in
				its "Agricultural Land Preservation Policy" as amended, or other procedures
				upon which the parties have agreed, in carrying out its reviews under this
				AGREEMENT;
b) To complete its review of DOT projects within 30
				days after notice with all required project information from the DOT;
c) To provide information and assistance to the DOT
				and its consultants upon request; and
d) To provide its comments in accordance to the
				procedures specified in the relevant documents or as otherwise agreed between
				it and the DOT.
9. The Illinois Departments of Agriculture and
				Transportation further agree that this AGREEMENT shall bind each only to the
				other and creates no rights in third parties.
10. All changes to this AGREEMENT shall be made
				after consultation with, and concurrence by, both parties.
11. This AGREEMENT shall become effective upon its
				signature by the Secretary of Transportation and the Director of Agriculture
				and shall remain in effect until 30 June 1996.