reglab/statecodes huggingface dataset:
Illinois Administrative Code › Title 17 - CONSERVATION › Part 1080 - INCIDENTAL TAKING OF ENDANGERED OR THREATENED SPECIES › Section 1080.10 - Conservation Plan

Current through Register Vol. 48, No. 28, July 12, 2024
Incidental taking of endangered and threatened species shall be
				authorized by the Department of Natural Resources (Department) only if the
				applicant submits to the Department a conservation plan that satisfies all
				criteria established in this Part.
a)
			 A conservation plan submitted to the Department's Office of Resource
			 Conservation as the application for authorization for incidental taking of an
			 endangered or threatened species shall, at a minimum, include:
1) A description of the impact likely to
			 result from the proposed taking of the species that would be covered by the
			 authorization, including but not limited to:
A) legal description, if available, or
			 detailed description including street address and map of the area to be
			 affected by the proposed action and indicia of ownership or control of affected
			 property;
B) biological data on the
			 affected species; on request of the applicant, the Department shall provide
			 biological data in the Department's possession on the affected
			 species;
C) description of the
			 activities that will result in taking of an endangered or threatened species;
			 and
D) explanation of the
			 anticipated adverse effects on listed species.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 1080 - INCIDENTAL TAKING OF ENDANGERED OR THREATENED SPECIES › Section 1080.20 - Notice and Review of Conservation Plans

Current through Register Vol. 48, No. 28, July 12, 2024
a) After receipt of a conservation plan, the
			 Department shall, within 30 days, review the conservation plan to determine if
			 all required information has been provided by the applicant and:
1) acknowledge receipt of the complete
			 conservation plan in writing; or
2)
			 notify the applicant in writing of any deficiencies in the conservation plan
			 and provide the applicant an opportunity to supply additional information to
			 the Department. Any late-breaking or additional information will be considered
			 part of the conservation plan for purposes of this Part.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 1080 - INCIDENTAL TAKING OF ENDANGERED OR THREATENED SPECIES › Section 1080.30 - Comments

Current through Register Vol. 48, No. 28, July 12, 2024
Written comments on a conservation plan may be submitted to the
				Department by any person within 30 days after the last publication of the
				notice required by Section
				1080.20(b).
				Comments will be accepted by electronic mail upon confirmation of authorship.
				The Department shall, upon receipt of written comments, transmit a copy of the
				comments to the applicant. The applicant shall evaluate the public comments
				received from the Department and shall submit an analysis of the comments no
				later than 10 days after the close of the public comment period. The analysis
				shall include a list of all persons or organizations making comment; a list of
				the criticisms, suggestions and comments raised; and the applicant's analysis
				of each criticism, suggestion or comment. The analysis shall also include a
				description of any revision to the Conservation Plan that the applicant is
				making in response to public comment. The comments and the applicant's analysis
				may be used by the Department pursuant to Section
				1080.30 to support any
				additional measures that may be necessary or appropriate to assure the success
				of the Conservation Plan.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 1080 - INCIDENTAL TAKING OF ENDANGERED OR THREATENED SPECIES › Section 1080.40 - Final Review

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
			 Department's Office of Resource Conservation shall coordinate and perform the
			 review of the conservation plan and issue the incidental take authorization
			 pursuant to this Part. The Department shall complete its review of the
			 conservation plan within 120 days after the first publication of the notice
			 required in Section
			 1080.20(b).
			 After reviewing the conservation plan, the Department may authorize the
			 incidental taking if the Department finds that the taking will meet all of the
			 following requirements:
1) the taking will not
			 be the purpose of, but will be only incidental to, the carrying out of an
			 otherwise lawful activity;
2) the
			 parties to the conservation plan will, to the maximum extent practicable,
			 minimize and mitigate the impact caused by the taking;
3) the parties to the conservation plan will
			 ensure that adequate funding for the conservation plan will be provided as
			 described in Section
			 1080.10(a)(2)(F);
4) based on the best available scientific
			 data, the Department has determined that the taking will not reduce the
			 likelihood of the survival of the endangered species or threatened species in
			 the wild within the State of Illinois, the biotic community of which the
			 species is a part, or the habitat essential to the species' existence in
			 Illinois;
5) any additional
			 measures, based upon the life history needs of the species involved, that the
			 Department may require as necessary or appropriate for the purposes of the
			 conservation plan will be performed;
6) the public has received notice of the
			 availability of the conservation plan and has had the opportunity to comment
			 before the Department made any decision regarding the authorization of
			 incidental take; and
7) the
			 Department has sought the advice of the Board and provided written response to
			 any Board comments regarding the issuance of authorization for incidental
			 taking and on the terms of any authorization to be issued.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 1080 - INCIDENTAL TAKING OF ENDANGERED OR THREATENED SPECIES › Section 1080.50 - Notice of Decision

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
			 Department shall provide written notice to the applicant of the approval or
			 denial of authorization for incidental taking. The written notice shall
			 constitute the authorization for incidental taking or the denial of the
			 authorization for incidental taking is effective as of the date of execution by
			 the Director of the Department's Office of Resource Conservation.
b) The Department shall make available to any
			 person who requests it a copy of any written notice authorizing incidental
			 taking.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 1080 - INCIDENTAL TAKING OF ENDANGERED OR THREATENED SPECIES › Section 1080.60 - Effective Date, Term

Current through Register Vol. 48, No. 28, July 12, 2024
Any authorization for incidental take issued pursuant to
				520 ILCS 10/5.5
				and this Part shall have an effective date and term. The term of the
				authorization for incidental take shall be sufficient to assure that the terms
				and conditions of the authorization and the measures described in the
				conservation plan may be fully executed and that monitoring of the effects of
				those measures can be carried out for a length of time that will determine
				their adequacy for protection and enhancement of the endangered or threatened
				species.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 1080 - INCIDENTAL TAKING OF ENDANGERED OR THREATENED SPECIES › Section 1080.70 - Separability, Exclusions

Current through Register Vol. 48, No. 28, July 12, 2024
a)
			 Authorization for incidental taking shall be separate and distinct from any
			 other action of the Department. Issuance of any permit, license or
			 authorization by the Department under any authority other than that granted in
			 Section 5.5 of the Illinois Endangered Species Protection Act shall not
			 constitute authorization for incidental take. Issuance of any permit, license
			 or authorization by the Department under any authority other than that granted
			 in Section 5.5 of the Illinois Endangered Species Protection Act shall not be
			 interpreted as an assurance that incidental take authorization will be
			 issued.
b) Certain activities that
			 are planned, designed and executed for the benefit of one or more endangered or
			 threatened species and may result in the incidental take of individuals of
			 those species are exempt from the provisions of this Section. Exempt activities
			 shall be those listed in 17 Ill. Adm. Code
			 1075.30(c).
			 The Department shall have the right to require persons carrying out such
			 activities to submit information to justify the claimed exemption from this
			 Section.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 1080 - INCIDENTAL TAKING OF ENDANGERED OR THREATENED SPECIES › Section 1080.80 - Appeal, Revocation

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
			 applicant may appeal a denial of authorization for incidental taking. Such
			 appeal shall be heard pursuant to Subpart C of 17 Ill. Adm. Code 2530 -
			 Department Formal Hearings for Rulemaking and Contested Cases.
b) Authorization issued under this Part may
			 be revoked by the Department for failure to implement any provision of the
			 conservation plan. The Department shall issue notice of the revocation and, if
			 requested by the permittee, may conduct a hearing on the revocation pursuant to
			 Subpart C of 17 Ill. Adm. Code 2530 - Department Formal Hearings Conducted for
			 Rulemaking and Contested Cases. Revocation of a permit may subject the
			 permittee to criminal penalties as provided in the Endangered Species
			 Protection Act if a taking is found subsequent to the revocation or if the
			 taking is proximate to the failure to implement the conservation
			 plan.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 1090 - IMPLEMENTATION PROCEDURES FOR THE INTERAGENCY WETLANDS POLICY ACT › Section 1090.20 - Actions Requiring Review

Current through Register Vol. 48, No. 28, July 12, 2024
Any construction, land management or other activity performed
				by, or for which financial assistance is administered or provided by, a State
				agency that will result in an adverse impact to a wetland shall be subject to
				compliance with this Part. This includes but is not limited to the
				following:
a) The alteration, removal,
			 excavation, or dredging of soil, sand, gravel, minerals, organic matter,
			 vegetation, or naturally occurring materials of any kind from a
			 wetland;
b) The discharge or
			 deposit of fill material or dredged material into a wetland;
c) The alteration of existing drainage
			 characteristics, sedimentation patterns, or flood retention characteristics of
			 a wetland;
d) The disturbance of
			 the water level or water table of a wetland;
e) The destruction or removal of plant life
			 that would alter the character of a wetland, except for activities undertaken
			 in accordance with the Illinois Noxious Weed Act;
f) The transfer of State owned wetlands to
			 any entity other than another State agency; and
g) Other actions that cause or may cause
			 adverse wetland impacts.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 1090 - IMPLEMENTATION PROCEDURES FOR THE INTERAGENCY WETLANDS POLICY ACT › Section 1090.40 - Agency Action Plans and Memorandums of Agreement

Current through Register Vol. 48, No. 28, July 12, 2024
a) State agencies represented on the
			 Interagency Wetlands Committee shall comply through the development and
			 implementation of their Agency Action Plan (AAPs).
b) State agencies who are not members of the
			 Interagency Wetlands Committee may comply with the Act by:
1) Development of a Memorandum of Agreement
			 with the Department that is consistent with the minimum provisions required for
			 Agency Action Plans; or
2)
			 Development of an Agency Action Plan.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 1090 - IMPLEMENTATION PROCEDURES FOR THE INTERAGENCY WETLANDS POLICY ACT › Section 1090.50 - Wetland Review Process

Current through Register Vol. 48, No. 28, July 12, 2024
Actions that require coordination under this Part shall not be
				commenced until completion of the wetland review process and a wetland
				compensation plan has been approved for any unavoidable adverse wetlands
				impacts. Coordination with the Department shall be accomplished through the
				wetland review process as defined in this Section or as provided in Agency
				Action Plans or Memorandums of Agreement (MOA) approved in accordance with
				Section
				1090.40
				of this Part. The wetland review process shall consist of the following:
a) Wetland Impact Determination
1) When an action covered by this Part is
			 proposed, the agency initiating or supporting the action shall cause to have
			 completed and submitted a Wetland Action Report to the Department. This Report
			 shall be submitted as early in the planning process as practicable. The purpose
			 of this report is to identify the specific location of a proposed project in
			 order to determine if a wetland is likely to be adversely impacted by the
			 proposed action. The Wetland Action Report shall include but not be limited to
			 the following:
A) Name and address of the
			 agency proposing the action;
B)
			 Sufficient detail (field reports, surveys, site inventories, maps and/or
			 photographs) to determine the presence or absence of a State jurisdictional
			 wetland;
C) The precise location of
			 the proposed action sufficient to show the relationship of the State
			 jurisdictional wetland to the proposed action;
D) An accurate description of the proposed
			 action in sufficient detail to allow a thorough review of the potential impact
			 to a State jurisdictional wetland. This may include a site plan, soil erosion
			 control plan, an assessment of the benefits to the wetland, or similar
			 information. Sufficient detail is not intended to include final design level
			 drawings or calculations;
E)
			 Anticipated starting and ending dates of the proposed action (e.g., land
			 clearing, project construction, etc.); and
F) Discussion of alternative actions
			 considered and supporting justification of the selected alternative if that
			 alternative will or is likely to have an adverse wetland impact.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 1090 - IMPLEMENTATION PROCEDURES FOR THE INTERAGENCY WETLANDS POLICY ACT › Section 1090.60 - Analysis of Alternatives

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
			 Department shall not approve a wetland impact determination unless the
			 Department finds that the agency or applicant has demonstrated that the
			 activity:
1) Is water dependent and has no
			 other practicable alternative; or is not water dependent and that alternative
			 designs and alternative sites are not available;
2) Minimizes alteration or impairment of the
			 wetland and its associated buffer area; and
3) Is in compliance with the Illinois
			 Endangered Species Act and the Illinois Natural Areas Preservation
			 Act.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 1090 - IMPLEMENTATION PROCEDURES FOR THE INTERAGENCY WETLANDS POLICY ACT › Section 1090.70 - Wetland Compensation Accounts

Current through Register Vol. 48, No. 28, July 12, 2024
a) The establishment of a wetland
			 compensation account, the determination of a project's eligibility for use of
			 an account, and the selection of wetland compensation account sites shall be
			 approved by the Department in compliance with this Part. The consolidation of
			 multiple small compensatory mitigation projects for adverse impacts to degraded
			 wetlands allows for economies of scale in planning, implementation, and
			 maintenance. Wetland compensation accounts are a form of compensatory
			 mitigation that results in the establishment of large-scale wetland complexes
			 that will be professionally managed and maintained in perpetuity for the
			 benefit of the general public.
b)
			 Management of a wetland compensation account shall include both operation and
			 maintenance of individual wetland sites and a system of accounting to establish
			 account credits and debits. Credits and debits shall be the currency of the
			 account and shall be measured in either replacement area, quantified wetland
			 functions or dollar value by wetland type. The unit of measure shall be
			 standard for all wetland compensation accounts.
1) The Department shall make a formal
			 determination of all credits and debits to the wetland compensation
			 account.
2) Perpetual maintenance
			 of a replacement wetland is the responsibility of the agency or applicant
			 implementing a wetland compensation plan. This responsibility shall be
			 transferred to the unit responsible for managing the wetland compensation
			 site(s). The minimum dollar value of a credit or debit shall be based upon the
			 factors listed in Section
			 1090.50(c)(8)
			 of this Part.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 1090 - IMPLEMENTATION PROCEDURES FOR THE INTERAGENCY WETLANDS POLICY ACT › Section 1090.80 - Technical Procedures

Current through Register Vol. 48, No. 28, July 12, 2024
The Interagency Wetlands Committee may request of the
				Department, or the Department may initiate actions to develop, standardized
				technical procedures for the implementation of this Part. Both the Department
				and the Committee will receive and consider public comment on proposed
				technical procedures, and the Department will attempt to notify associations
				whose members will be expected to utilize any new technical procedures.
				Technical procedures shall be recommended by the Department and receive
				concurrence by the Interagency Wetlands Committee. Technical procedures adopted
				for implementation of the Act may include but are not limited to the
				following:
a) Jurisdictional wetland
			 delineation procedures;
b)
			 Restoration and creation procedures;
c) Performance standards for certifying and
			 conditionally certifying account credits; and
d) Process to evaluate the positive and
			 negative impacts that may result from a project action.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 1090 - IMPLEMENTATION PROCEDURES FOR THE INTERAGENCY WETLANDS POLICY ACT › Section 1090.90 - Transfer and Management of Wetland Compensation Areas

Current through Register Vol. 48, No. 28, July 12, 2024
a) Wetland Compensation Areas
The transfer of wetland compensation areas, associated buffers
				and the responsibility for operation and maintenance is subject to approval by
				the Department. Prior to the transfer of responsibilities, the agency or
				applicant must submit a written request to the Department. The Department shall
				approve all requests for the transfer of wetland compensation areas unless
				deficiencies are found in one or more of the conditions outlined below:
1) That the entity has the legal authority to
			 receive, hold, and manage the site;
2) That the entity has the ability to provide
			 competent professional management of the site; and
3) That the entity has executed a legally
			 binding agreement that will fulfill all obligations of the agency or applicant
			 related to the approved wetland compensation plan and provisions of this
			 Part.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 1090 - IMPLEMENTATION PROCEDURES FOR THE INTERAGENCY WETLANDS POLICY ACT › Section 1090.100 - Appeals

Current through Register Vol. 48, No. 28, July 12, 2024
An agency or applicant may appeal a decision made by the
				Department, as the result of this Part, through the Administrative Appeals
				process pursuant to 17 Ill. Adm. Code 2530 - Department Formal Hearings
				Conducted for Rulemaking and Contested Cases.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 1515 - CONSERVATION RESERVE ENHANCEMENT PROGRAM (CREP) › Section 1515.5 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
"100-year Floodplain" means an area adjacent to a body of water
				that has a 1% chance of being flooded in a given year, as identified by the
				Federal Emergency Management Agency on the flood insurance rate map as a
				special flood hazard area.
"Additional Acres" means acres enrolled in an Illinois CREP
				Grant of Conservation Right and Easement that were not enrolled in the original
				Federal CREP contract that further the purposes of Federal CREP and the goals
				of Illinois CREP to improve water quality and fish and wildlife habitat, and
				create or expand a corridor for the protection of fish and wildlife.
"Federal CREP" means FSA's Conservation Reserve Enhancement
				Program (a subprogram of Federal CRP), a land conservation program.
"Federal CRP" means FSA's Conservation Reserve Program, a land
				conservation program.
"FSA" means the United States Department of Agriculture, Farm
				Service Agency.
"Illinois CREP Grant of Conservation Right and Easement
				Agreement" means a legally binding written agreement that specifies the
				conservation rights and the easement rights granted to IDNR or the applicable
				SWCD from the Landowner to enroll acreage into Illinois CREP.
"IDNR" means the Illinois Department of Natural
				Resources.
"Illinois Conservation Management Plan" means the document
				developed by IDNR and the Landowner that documents current conditions and sets
				forth conservation management strategies and actions on enrolled Illinois CREP
				Acreage.
"Illinois CREP" means the Conservation Reserve Enhancement
				Program, a State of Illinois land conservation program administered by
				IDNR.
"Illinois CREP Acreage" means the cumulative acres encumbered
				by an Illinois CREP Grant of Conservation Right and Easement.
"Illinois River Watershed" means the geographic area along the
				Illinois River (see Exhibit A).
"Kaskaskia River Watershed" means the geographic area along the
				Kaskaskia River (see Exhibit A).
"Landowner" means the applicant or grantor enrolling land in
				Illinois CREP. The Landowner can be a person, trust, corporation, or any other
				legal entity that has authority to encumber land eligible for Illinois
				CREP.
"SWCD" means a Soil and Water Conservation District, a
				county-based government entity in Illinois. (See list of participating SWCDs on
				the IDNR CREP website.)
"Technical Review Team" means the Illinois CREP advisory team,
				comprised of staff from divisions of IDNR.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 1515 - CONSERVATION RESERVE ENHANCEMENT PROGRAM (CREP) › Section 1515.10 - Purpose

Current through Register Vol. 48, No. 28, July 12, 2024
Illinois CREP is a land conservation program that provides
				compensation to Landowners to improve water quality and enhance fish and
				wildlife habitat on private lands in the Illinois River Watershed and Kaskaskia
				River Watershed in Illinois. Illinois CREP provides Landowners that currently
				have or have had acreage enrolled in federal CREP contracts prior to May 26,
				2021 or are currently enrolled in an Illinois CREP Grant of Conservation Right
				and Easement Agreement the opportunity to enroll that acreage for additional
				time (15 years or permanent) in Illinois CREP Grant of Conservation Right and
				Easement Agreement. Additionally, Illinois CREP provides Landowners that enroll
				acreage into the federal CREP contract after May 26, 2021 the opportunity to
				fulfill the federal mandate to enroll that same acreage into an Illinois CREP
				Grant of Conservation Right and Easement Agreement (either 15 years or
				permanent). Upon an Illinois CREP Grant of Conservation Right and Easement
				Agreement becoming effective, acreage becomes Illinois CREP Acreage and shall
				be operated and maintained in accordance with an Illinois Conservation
				Management Plan during the term of the Illinois CREP Grant of Conservation
				Right and Easement Agreement. Illinois CREP is managed by the local SWCDs and
				IDNR.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 1515 - CONSERVATION RESERVE ENHANCEMENT PROGRAM (CREP) › Section 1515.15 - Illinois CREP Grant of Conservation Right and Easement Agreement

Current through Register Vol. 48, No. 28, July 12, 2024
a) In order to
			 participate in Illinois CREP, Landowners must enroll the entirety of acreage
			 enrolled in a current Federal CREP contract and execute an Illinois CREP Grant
			 of Conservation Right and Easement Agreement. Each Illinois CREP Grant of
			 Conservation Right and Easement Agreement shall address the following issues:
1) The rights granted to IDNR or SWCD by the
			 Landowner;
2) The rights reserved
			 by the Landowner;
3) A legal
			 description of the acreage to be enrolled into Illinois CREP;
4) The amount to be paid for the Illinois
			 CREP Grant of Conservation Right and Easement Agreement;
5) An Illinois Conservation Management Plan
			 for the enrolled acreage; and
6)
			 Any other additional terms and conditions agreed upon by the Landowner and
			 IDNR.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 1515 - CONSERVATION RESERVE ENHANCEMENT PROGRAM (CREP) › Section 1515.20 - Acreage Eligibility

Current through Register Vol. 48, No. 28, July 12, 2024
a) Illinois
			 CREP Acreage must contain the entirety of all acres enrolled in a current
			 Federal CREP contract or a current Illinois CREP Grant of Conservation Right
			 and Easement Agreement to qualify for the program.
b) Additional Acres may be enrolled, at
			 IDNR's discretion, in the Illinois CREP Grant of Conservation Right and
			 Easement Agreement in addition to the land currently enrolled in Federal CREP.
			 For purposes of Illinois CREP, Additional Acres must meet all of the following
			 criteria:
1) Land must be immediately
			 contiguous to land currently enrolled in Federal CREP. Land physically located
			 immediately across a road, stream, or river from the land enrolled in Federal
			 CREP will be considered contiguous to this land.
2) Land must be physically located on the
			 same "farm", as defined by FSA at
			 7 CFR
			 718.2, as the immediately contiguous land
			 enrolled in Federal CREP.
3) Land
			 must be devoted to a cover that is equivalent to, or exceeds, FSA criteria and
			 standards for one or more eligible Federal CREP conservation practices at the
			 time the Illinois CREP Grant of Conservation Right and Easement Agreement is
			 approved; or devoted to a cover that is equivalent to or exceeds, FSA criteria
			 and standards for one or more eligible Federal CREP conservation practices no
			 later than 12 months after the Illinois CREP Grant of Conservation Right and
			 Easement Agreement is executed. IDNR will not provide any cost-share or other
			 payment to improve, enhance, or otherwise establish a cover on Additional
			 Acres.
4) Land, in combination with
			 the land enrolled in Federal CREP, must further the purposes of Federal CREP
			 and the goals of Illinois CREP to improve water quality and fish and wildlife
			 habitat, and create or expand a corridor for the protection of fish and
			 wildlife.
5) Land containing
			 aquatic acres. The total permanent aquatic acres shall not exceed 10% of any
			 Illinois CREP Acreage. Eligibility of intermittent aquatic acres is not limited
			 for enrollment in an Illinois CREP Grant of Conservation Right and Easement
			 Agreement. Aquatic acres are defined as:
A)
			 Permanent aquatic acres: perennial streams, rivers, ponds or lakes capable of
			 sustaining fish populations year-round during years receiving normal site
			 precipitation.
B) Intermittent
			 aquatic acres: non-perennial or ephemeral streams, rivers, ponds or lakes
			 incapable of sustaining fish populations year-round during years receiving
			 normal site precipitation.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 1515 - CONSERVATION RESERVE ENHANCEMENT PROGRAM (CREP) › Section 1515.30 - Enrollment Process

Current through Register Vol. 48, No. 28, July 12, 2024
a) IDNR will
			 determine if enrollment for Illinois CREP is available based on Illinois CREP
			 appropriations and availability of Federal CREP. IDNR will post notice of
			 Illinois CREP availability on the IDNR CREP website.
b) Landowners enrolling acreage in Illinois
			 CREP shall initiate the enrollment process through their local SWCD office. If
			 their local SWCD is not participating in Illinois CREP, IDNR will direct the
			 Landowner to an alternative SWCD.
c) Illinois CREP enrollment shall adhere to
			 the following timing requirements:
1)
			 Landowners enrolling acreage in an Illinois CREP Grant of Conservation Right
			 and Easement Agreement that is subject to a Federal CREP contract enrolled
			 before May 26, 2021 must execute the Illinois CREP Grant of Conservation Right
			 and Easement Agreement prior to the termination date of the Federal CREP
			 contract, unless an extension is granted by IDNR.
2) Landowners enrolling acreage in an
			 Illinois CREP Grant of Conservation Right and Easement Agreement that is
			 subject to a new Federal CREP contract after May 26, 2021 must execute the
			 Illinois CREP Grant of Conservation Right and Easement Agreement within 18
			 months of execution of the Federal CREP contract, unless an extension is
			 granted by FSA.
3) Landowners
			 enrolling acreage in an Illinois CREP Grant of Conservation Right and Easement
			 Agreement that is subject to an expired Federal CREP contract enrolling
			 acreage, but is under an existing 15-year or 35-year Illinois CREP Grant of
			 Conservation Right and Easement Agreement, have the following options:
A) Landowners may request a subsequent
			 15-year Illinois CREP Grant of Conservation Right and Easement Agreement within
			 the last 18 months of an existing Illinois CREP Grant of Conservation Right and
			 Easement Agreement.
B) Landowners
			 may request the conversion of an existing Illinois CREP Grant of Conservation
			 Right and Easement Agreement to a permanent Illinois CREP Grant of Conservation
			 Right and Easement Agreement at any time.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 1515 - CONSERVATION RESERVE ENHANCEMENT PROGRAM (CREP) › Section 1515.70 - Illinois Conservation Management Plans

Current through Register Vol. 48, No. 28, July 12, 2024
a) Illinois CREP Acreage shall be operated
			 and maintained by Landowners pursuant to an Illinois Conservation Management
			 Plan for the duration of the Illinois CREP Grant of Conservation Right and
			 Easement Agreement.
b) Illinois
			 Conservation Management Plans are to be negotiated between IDNR and the
			 Landowner during the Illinois CREP enrollment process. Illinois Conservation
			 Management Plans are an enforceable component of the Illinois CREP Grant of
			 Conservation Right and Easement Agreement.
c) Illinois Conservation Management Plans
			 shall be designed to further the following Illinois CREP programmatic goals,
			 listed in order of priority:
1) Protect and
			 enhance water quality;
2) Protect
			 and enhance general wildlife habitat;
3) Protect and enhance general aquatic
			 habitat;
4) Protect threatened and
			 endangered species; and
5) Promote
			 outdoor recreation.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 1515 - CONSERVATION RESERVE ENHANCEMENT PROGRAM (CREP) › Section 1515.75 - Monitoring Access, Landowner Information Requests, and Signage

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Landowner
			 shall allow access to IDNR and SWCD for compliance monitoring and violation
			 enforcement site visits and to take site photographs for each Illinois Grant of
			 Conservation Right and Easement Agreement.
b) IDNR will provide copies of monitoring
			 records, Illinois Conservation Management Plans, and Illinois CREP Grant of
			 Conservation Right and Easement Agreement upon request.
c) The Landowner shall meet with the SWCD or
			 IDNR, as requested, to discuss any provision of the Illinois CREP Grant of
			 Conservation Right and Easement Agreement in order to resolve all issues of
			 noncompliance and violations.
d)
			 Landowners shall install and maintain Illinois CREP signage, if signage is
			 provided by IDNR. Signage will be located as described in the signage terms of
			 the Illinois Conservation Management Plan.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 1515 - CONSERVATION RESERVE ENHANCEMENT PROGRAM (CREP) › Section 1515.90 - Violations

Current through Register Vol. 48, No. 28, July 12, 2024
a) Landowners are
			 solely responsible and liable for complying with the terms of the Grant of
			 Conservation Right and Easement Agreements.
b) Upon determination of a violation of an
			 Illinois CREP Grant of Conservation Right and Easement Agreement, IDNR or the
			 SWCD shall proceed as follows:
1) If it is
			 determined that there is a reasonable probability that the violation will be
			 corrected by agreement with the Landowner, a notice of violation shall be
			 provided to the Landowner and shall include:
A) Information identifying the violation and
			 the location of the acreage;
B)
			 Citation to the term of the Illinois CREP Grant of Conservation Right and
			 Easement Agreement violated;
C)
			 Required corrective action to cure the violation; and
D) Time period for the required corrective
			 action.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 1523 - PARTNERS FOR CONSERVATION - ECOSYSTEMS PROGRAM › Section 1523.10 - Program Objective

Current through Register Vol. 48, No. 28, July 12, 2024
The Ecosystems Program of Conservation 2000 ("Ecosystems
				Program") was developed by the Illinois Department of Natural Resources to
				establish and protect a system of representative, functioning ecosystems in
				both public and private ownership. The Ecosystems Program provides technical,
				policy, administrative and financial assistance to Ecosystem Partnerships that
				are watershed or ecosystem based coalitions of individuals and organizations
				that are cooperating to improve the natural resource base of the watersheds
				where they live, work, and play, while promoting compatible and sustainable
				economic activity. It is the objective of the Ecosystems Program to promote the
				formation of these Ecosystem Partnerships. Adoption of bylaws is the most
				important foundation upon which each Ecosystem Partnership is built. It is the
				intent of the Department that each Ecosystem Partnership execute the
				responsibilities contained in this Part through an open and democratic process
				that provides an opportunity for broad participation of interested groups and
				individuals representing a cross section of geographic areas. Ecosystem
				Partnerships are encouraged to seek and gain non-profit status to be legally
				recognized. The Ecosystem Program promotes habitat preservation, restoration
				and enhancement of natural ecosystems within the context of the human
				environment. The mission of the Ecosystems Program is to monitor, maintain,
				enhance and restore the biodiversity and ecological conditions of Illinois'
				landscapes through local partnerships.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 1523 - PARTNERS FOR CONSERVATION - ECOSYSTEMS PROGRAM › Section 1523.30 - Ecosystem Partnership Designation

Current through Register Vol. 48, No. 28, July 12, 2024
a) A coalition of individuals, groups and/or
			 organizations interested in being designated as an Ecosystem Partnership may
			 request designation by writing the Director and providing:
1) Their organizing principles, mission
			 statement, constitution, charter, statement of purpose and goals.
2) A map of the boundaries of the proposed
			 Ecosystem Partnership.
3) The
			 signature of each initial member in the proposed Ecosystem Partnership must be
			 included in the Ecosystem Partnership letter of request to the Director.
			 Included in the list should be each member's address, telephone number, fax
			 number, e-mail address, and affiliation, and a description of the interests the
			 member represents.
4) From the list
			 of initial members, a list of proposed temporary board members in the proposed
			 Ecosystem Partnership.
5) A
			 description of the Ecosystem Partnership Area's natural resources, and the
			 condition and significance of those resources.
6) Letters of support from businesses,
			 organizations, etc., within the Ecosystem Partnership Area.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 1523 - PARTNERS FOR CONSERVATION - ECOSYSTEMS PROGRAM › Section 1523.50 - Evaluation of Ecosystem Partnership

Current through Register Vol. 48, No. 28, July 12, 2024
The Department will review the status of each Ecosystem
				Partnership, after the third year following designation of the Partnership.
				Based upon this review, the Director may reaffirm the designation, withdraw the
				designation, or place the partnership on probation. If placed on probation, the
				Ecosystem Partnership must correct the issues of concern within 12 months from
				the receipt of written notification that the Ecosystem Partnership has been
				placed on probation. The written notification will detail the issues the
				Department has identified. If the issues are not resolved to the Department's
				satisfaction within the 12 month period, the Director will withdraw
				designation. If the designation is withdrawn, the Ecosystem Partnerships will
				no longer be eligible for Ecosystem Partnership support, Vision Plan or project
				funding. The Department's review shall consider, at a minimum, the following
				criteria:
a) Whether the Ecosystem
			 Partnership continues to meet the conditions set forth in this Part.
b) Whether the Ecosystem Partnership has
			 demonstrated sound fiscal accountability and complied with the terms and
			 conditions of grants awarded it.
c)
			 Whether the Ecosystem Partnership has completed an Ecosystem Vision Plan, or
			 equivalent plan, and is implementing provisions of the plan.
d) Whether the Ecosystem Partnership has
			 demonstrated progress towards meeting adopted goals.
e) Whether the actions of the LPC maintain
			 the integrity of the program and are consistent with the mission and intent of
			 the Ecosystems Program.
f) Whether
			 the Ecosystem Partnership has sought and gained non-profit status.
g) Whether quality grants were submitted in
			 the Ecosystem Partnership Area and whether the Ecosystem Partnership tracked
			 and monitored funded grants to ensure that they were executed and completed in
			 a timely manner.
h) Whether the
			 Ecosystem Partnership utilizes natural resource monitoring to show progress
			 towards improving biodiversity and ecosystem health.
i) Whether the Ecosystem Partnership has the
			 ability to integrate research and data collection efforts with statewide data
			 collection, management storage and retrieval systems.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 1523 - PARTNERS FOR CONSERVATION - ECOSYSTEMS PROGRAM › Section 1523.70 - Ecosystem Project Grants

Current through Register Vol. 48, No. 28, July 12, 2024
Ecosystem Project Grants are competitively selected grants to
				conduct projects in Ecosystem Partnership Areas. Matching dollars are not
				required, although the rate of match will be considered as a competitive
				criterion. However, an approved grant that has a match commitment shall be
				required to document that match. Ecosystem Projects are awarded in 6
				categories: Habitat, Research, Outreach/Education, Resource Economics,
				Planning, and Land Acquisition/Easement. In Habitat or Land
				Acquisition/Easement projects, if funding is sought for habitat enhancement
				practices, the grantee must comply with Section
				1523.160.
				If it is more expeditious to fund an Ecosystem Project with another municipal,
				State, or federal agency through an intergovernmental agreement, rather than a
				grant agreement, this mechanism may be utilized as an alternative. All other
				conditions for a grant agreement expressed in this Section must be incorporated
				as conditions of the intergovernmental agreement.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 1523 - PARTNERS FOR CONSERVATION - ECOSYSTEMS PROGRAM › Section 1523.80 - Ecosystem Project Grant Eligibility

Current through Register Vol. 48, No. 28, July 12, 2024
Any individual, organization, or corporation may apply for
				grants to undertake Ecosystem Projects within Ecosystem Partnership Areas.
				However, individuals and entities are not eligible to apply for Land
				Acquisition Easement project grants to acquire or purchase an easement in land
				in which they possess any ownership or financial interest. A qualified third
				party, as defined at Section 2 of the Real Property Conservation Rights Act
				[765 ILCS
				120/2 ], must submit and administer an Ecosystem
				Project Grant and hold the easement or title to all lands purchased by this
				program. Further, an individual or entity possessing any ownership or financial
				interest in the land must not have any ownership or financial interest in the
				third party submitting or administering a grant or holding title or
				easement.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 1523 - PARTNERS FOR CONSERVATION - ECOSYSTEMS PROGRAM › Section 1523.90 - Ecosystem Project Grant Application Process

Current through Register Vol. 48, No. 28, July 12, 2024
Pending the availability of funding, applications for an
				Ecosystem Project Grant must be submitted to the Department's Ecosystems
				Division in Springfield, Illinois as listed in Section
				1523.170
				by December 15. The grant application must be typed and submitted
				electronically via Internet by December 15 or, if mailed, postmarked on or
				before December 15. If the grant application is submitted online, the grant
				application is due by 5:00 p.m. on December 15. Project applications must be
				submitted either online at the Department's Ecosystems Program website (
http://www.dnr.illinois.gov
) or typed
				on official forms to be considered for funding. Grant application forms may be
				downloaded from the Department's Ecosystems Program website or requested from
				the Partners for Conservation Administrator at the contact address, telephone
				number or email address listed in Section 1523.170. Applications will not be
				accepted by facsimile machine. The Department encourages applications be
				submitted over the Internet.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 1523 - PARTNERS FOR CONSERVATION - ECOSYSTEMS PROGRAM › Section 1523.100 - Ecosystem Project Grant Application

Current through Register Vol. 48, No. 28, July 12, 2024
a) An applicant for an Ecosystem Project
			 Grant must submit a description of the proposed Ecosystem Project on the
			 required application. The application shall be prescribed by the Department and
			 is available from the program contact location described in Section
			 1523.170.
b) The application shall at a minimum
			 require:
1) The name of the Ecosystem
			 Partnership Area in which the Ecosystem Project is to be located.
2) The name and address of the applicant and
			 of a contact person, if different than the applicant.
3) A project title.
4) A project abstract.
5) A description of and justification for the
			 proposed project based upon the criteria outlined in Section
			 1523.110(b)(2).
6) Sufficient information to locate the
			 proposed project.
7) A project
			 budget identifying, at a minimum, the requested amount of Conservation 2000
			 funds, any matching funds or in-kind services.
8) The attachment of a U.S. Geological Survey
			 map (1:24,000 topographic maps) and design plans to allow the site-specific
			 assessment of potential natural resource impacts of projects that will alter
			 vegetation or otherwise alter surface features and to identify potential
			 properties for land acquisitions/easements.
9) The application must be type written if it
			 is not submitted electronically.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 1523 - PARTNERS FOR CONSERVATION - ECOSYSTEMS PROGRAM › Section 1523.120 - Selection and Notification of Ecosystem Project Grant Awards

Current through Register Vol. 48, No. 28, July 12, 2024
The Director shall select projects for funding based on the
				recommendations of the Ecosystem Partnerships and of Department staff
				participating in the evaluation processes described in Section
				1523.110.
				Project selections will be publicly announced and successful applicants will be
				notified. Upon notification, successful applicants will be allowed 30 days to
				review their application. Within this 30 day period, the applicant must contact
				its Ecosystem Administrator to request revisions, if required, to its
				application. The application will be the basis for the Department to generate a
				scope-of-work. At the end of the 30 day period, the Department will develop a
				grant agreement and the scope-of-work will be incorporated in, and made a part
				of, the grant agreement. The grant agreement will be mailed to the applicant.
				The applicant must not begin work until it receives a fully executed copy
				signed by the Director or is given written authority to proceed by the
				Department.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 1523 - PARTNERS FOR CONSERVATION - ECOSYSTEMS PROGRAM › Section 1523.130 - Ecosystem Partnership Support Grants

Current through Register Vol. 48, No. 28, July 12, 2024
Upon a determination by the Director that it will benefit the
				work of the Ecosystem Partnerships and subject to sufficient funding, the
				Department may provide grants for equipment, supplies, training, services, or
				other support to Ecosystem Partnerships. The Department shall formulate the
				conditions of the grant agreement and make Ecosystem Partnership Support Grants
				available, subject to the conditions of grant agreements, on a first-come
				first-served basis.