Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 700 - FARMLAND PRESERVATION ACT › Appendix D - Illinois epartment of Conservation › Exhibit A - Agricultural Land Preservation Policy Statement and Cooperative Agreement

Current through Register Vol. 48, No. 28, July 12, 2024
INTRODUCTION
The Department of Conservation (DOC) has stewardship
				  responsibilities for conserving and managing the aquatic, wildlife and forest
				  resources of the state; preserving and protecting nature preserves, endangered
				  species, historic, cultural, and archaeological resources; acquiring,
				  developing and operating state parks and other outdoor recreation facilities;
				  and providing a wide range of outdoor recreation opportunities for Illinois
				  citizens (see 8 Ill. Adm. Code 700.Appendix D: Exhibit B). In carrying out
				  these varied responsibilities, the DOC acquires and manages land, develops both
				  site specific plans and statewide comprehensive recreation and natural resource
				  plans, administers grant programs, reviews environmental impacts of proposed
				  projects, and provides technical assistance regarding conservation
				  practices.
The DOC is a major land-holding agency, and as such, a
				  potential impact of DOC programs, and operations on agricultural land
				  conversion is through land acquisition. The types of lands of greatest interest
				  to the DOC for acquisition include areas with unique natural resources,
				  significant fish and wildlife habitat values, scenic qualities and recreation
				  potential. In general, land currently in agricultural production is not the
				  type of land desired by the DOC; however, lands acquired by the Department may
				  have the potential for agricultural use. To meet its statutory
				  responsibilities, the DOC must give highest priority to its programs for the
				  protection of the state's natural, cultural and recreational resources.
				  Therefore, the DOC will continue to emphasize conservation of these resources
				  in acquisition, permit review and other programs.
In many cases, land acquisition by the DOC has a positive
				  impact on agriculture. Management practices are carried out to conserve the
				  soil and thus prevent soil erosion. Committing the land to open space maintains
				  the land's potential for future agricultural use. The same options would not be
				  available for lands converted to housing developments, industrial complexes or
				  other uses where soils have been severely disturbed or covered with asphalt and
				  concrete.
BACKGROUND
During the six fiscal years, FY 1981 - FY 1986, the DOC
				  purchased or provided grants for the purchase of 13,893 acres of land. Of this
				  acreage,
				  20.1 % was cropland,
				  2.1 % was pastureland, 41.5 % was forestland, and 36.3 % was other land (old
				  fields, urbanlands, water bodies, brushlands, and prairie, etc.).
In FY 86, the DOC was responsible for approximately 12% of
				  the total estimated 32,212 acres of Illinois farmland which was purchased and
				  converted or otherwise influenced by an action of any of the 9 state capital
				  development agencies that same fiscal year. It should be noted, however, that
				  not all agricultural land which was purchased by the DOC was actually converted
				  to non-agricultural uses. Some agricultural land purchased by the DOC continued
				  to be managed for agricultural purposes.
As of June 30, 1986, the DOC owned and managed a total of
				  358,103 acres of land. In calendar year 1986 the DOC leased out 17,066 acres
				  for farming. In addition, significant acres were planted in crops by the DOC.
				  These farmed areas include lands producing food and cover for wildlife, and
				  lands the DOC may develop at some time in the future, but in the interim remain
				  in crop production.
AGRICULTURAL LAND PRESERVATION POLICY
The Illinois Department of Conservation's Agricultural Land
				  Preservation Policy has been developed in response to the Farmland Preservation
				  Act (Ill. Rev. Stat. 1985, Ch. 5, par. 1301 et seq.). The Department of
				  Conservation (DOC) recognizes the need to prevent farmland from being
				  unnecessarily converted to non-farm uses. Accordingly, DOC will fully comply
				  with the Farmland Preservation Act by planning, adopting and implementing a
				  policy to minimize the conversion of agricultural land while at the same time
				  fulfilling its statutory mission.
Further, the DOC will cooperate with the Illinois Department
				  of Agriculture (DOA) in protecting Illinois' farmland from unnecessary
				  conversion by participating on the Inter-Agency Committee on Farmland
				  Preservation, and by adhering to the Cooperative Working Agreement with the
				  DOA. Any conversion of agricultural land by DOC will follow the intent of this
				  Agricultural Land Preservation Policy and the DOA-DOC Cooperative Working
				  Agreement.
Following is the DOC's Agricultural Land Preservation Policy
				  as it pertains to various agency functions.
LAND ACQUISITION
Acquisition of land by DOC has the greatest potential impact
				  on agriculture. Therefore, it will be the policy of the DOC to minimize
				  acquisition of Class I, II, and III lands and to strongly consider
				  less-than-fee-simple acquisition. Further, for any DOC acquisition project, the
				  acreage in Class I through VIII soils will be determined, if possible, and this
				  information weighed in the decision-making process.
The current DOC acquisition program comprises several
				  components or sub-programs:
1. Natural
				Area Acquisition
An important part of the DOC land acquisition program is
				  acquisition of natural areas - areas of land and water that closely reflect
				  presettlement conditions. These areas include forests, prairies, wetlands,
				  endangered species habitats, geologic areas, and other areas with unique
				  natural qualities. While these lands may have the potential for agricultural
				  use if they were clearcut, drained and plowed, they represent the most unique
				  and least disturbed natural lands in the state and, therefore, should be
				  preserved in their natural condition. Because only .07 of one percent of
				  Illinois' landscape remains as it was at the time of settlement, the need to
				  protect these few areas becomes most apparent.
The DOC's acquisition of natural areas will focus on
				  acquiring those areas identified on the Illinois Natural Areas Inventory (a
				  comprehensive study of the entire state, carried out between 1975 and 1978,
				  locating 1,089 remaining natural areas statewide), or those areas that meet the
				  requirements to be included in the Inventory, e.g., endangered and threatened
				  species habitat, which is seriously threatened, an area with features not
				  already represented in a preserved site, and an area in a region of the state
				  with few preserved natural features. These priorities for acquisition of
				  natural areas were established as part of the 1980 "Illinois Natural Areas
				  Plan: To Preserve and Protect Our Heritage."
Normally, the acquisition of inventoried natural areas will
				  not include land in agricultural production. In some cases, however,
				  acquisition of additional land surrounding the natural area will be necessary
				  in order to provide access or maintain buffer to protect the natural area. In
				  these situations, alternatives to fee simple acquisition, such as conservation
				  leases and easements, will be considered. In some cases, these alternatives
				  could allow compatible farming practices to continue while at the same time
				  providing protection for the natural area. Outright purchase will be considered
				  when the conditions for the other options, such as leases and easements, cannot
				  be agreed upon with the owner.
2. Expansion Acquisition
A second type of DOC land acquisition effort involves
				  expansion of existing DOC properties. Acquisition to expand existing facilities
				  will be in accordance with comprehensive site plans or other site planning
				  products for the property, e.g., feasibility and special studies. Comprehensive
				  site plans provide specific development, management, use and acquisition
				  direction. An analysis of the agricultural impacts will be integrated into the
				  comprehensive site planning process as an additional criterion.
When acquisition of farmland is proposed within a site plan
				  prepared prior to the Governor's Executive Order Number Four, another
				  evaluation of these parcels will be conducted prior to actually purchasing the
				  land, in order to ensure that they remain essential. In evaluating these
				  parcels, the DOC will investigate the feasibility of less-than-fee-simple
				  acquisition (e.g., conservation leases or easements) as an alternative to
				  outright purchase. In preparing future site plans, the potential for utilizing
				  less-than-fee-simple acquisition will also be explored as part of the planning
				  process. Considerations will include management goals, relative cost, and
				  landowner preference.
For sites lacking comprehensive planning direction, any
				  proposed acquisition will be subject to an evaluation of the agricultural
				  impact prior to being included in the DOC capital budget. As part of this
				  assessment, the DOC will consider the suitability of these lands for needs
				  identified in DOC's internal policy plan Outdoor Recreation in Illinois: The
				  1983 Policy Plan, and subsequent action plans.
3. New Facilities Acquisition
The DOC also acquires land for new facilities. Selection of a
				  specific site for a new recreation or conservation area, other than a natural
				  area, will be based upon resource capability, recreational potential,
				  locational desirability, acquisition and development costs, environmental
				  impact, and agricultural impacts, both existing and future. Selection of a
				  preferred location among various alternatives will be based upon the above
				  suitability criteria to determine which site can best meet the goals of the
				  project while at the same time minimizing impacts to agriculture.
4. Linear Corridor Acquisition
Purchase of land for long-distance linear corridors is
				  another special type of DOC acquisition. Emphasis will be given to acquiring
				  land which connects points of scenic, natural, cultural or recreational
				  interest and is not Class I, II and III land. In cases where the most direct
				  routes between points of interest would take agricultural land out of
				  production, alternative routes will be examined. Specific criteria for
				  acquisition of land for long distance trails are addressed in the Long Distance
				  Trails Section (pp. 45 and 46), of "Outdoor Recreation in Illinois: The 1983
				  Policy Plan."
5. Wildlife
				Habitat Acquisition
A major component of DOC's acquisition program is habitat
				  acquisition, which is intended to address the paramount threat to Illinois'
				  wildlife today - loss of habitat, both in quantity and in quality. During the
				  last century, most of the natural land in the private sector has been converted
				  to other uses at the expense of the wildlife resource base. This problem has
				  now reached crisis proportions as documented in the 1985 report of the Illinois
				  Wildlife Habitat Commission, entitled "The Crisis of Wildlife Habitat in
				  Illinois Today," which strongly advocates expansion of public lands and better
				  utilization of them for wildlife conservation. This recommendation was
				  translated into legislative action in February, 1985 as a major BUILD ILLINOIS
				  initiative and was funded initially for four million dollars in July, 1985. As
				  of February, 1987, the DOC has secured or programmed for acquisition, some
				  17,248 acres of wildlife habitat at sixty-six (66) sites throughout the
				  state.
To use available dollars wisely, the DOC has developed a set
				  of guidelines to aid in acquistion decisions, which includes the agricultural
				  impact. Specifically, habitat acquisition will conform to the DOC's
				  Agricultural Land Preservation Policy, and the agricultural impact of any
				  potential acquisition will be weighed in the site-selection process. Other
				  criteria include availability, habitat quality, vulnerability, manageability,
				  public input, less-than-fee acquisition potential, recreational potential, and
				  statewide location.
CONSERVATION EASEMENTS
Easements provide the DOC with a valuable mechanism to reduce
				  adverse impacts on agriculture caused by DOC programs, especially large scale
				  projects. Easements are of great benefit because they can be used to allow the
				  continuation of agricultural practices while preventing developments which may
				  have adverse impacts on DOC properties. Essentially, conservation easements
				  involve the landowner transferring to the DOC, through sale, donation or will,
				  certain property rights, such as development rights. Easements can be for a
				  specific length of time, but generally the purpose of obtaining easements is to
				  protect the resource from development in perpetuity. Thus, easements can be
				  used to insure continued agricultural use of the land.
The DOC will strongly consider obtaining easements in cases
				  where the primary purposes of protecting parcels of land are to prevent
				  encroaching development, preserve the visual integrity of the site, maintain an
				  existing land use or provide buffer. The potential benefits to the DOC include
				  reduced costs and management responsibilities, while at the same time
				  protecting the critical resource which otherwise would have required the
				  purchase of fee-simple title. Although an easement can be tailored to
				  specifically accommodate the desires of both the DOC and the land-owner, the
				  landowner's cooperation is necessary. If a landowner is not willing to enter
				  into an easement agreement, a fee-simple acquisition will then be
				  considered.
Less-than-fee-simple acquisition could also be used to allow
				  access across private lands for recreational purposes. As part of the DOC's
				  trails planning process, the use of easements for providing long-distance trail
				  opportunities will be addressed. The use of easements will also be explored in
				  providing recreational use of stream corridors.
CONSERVATION LEASES
The DOC utilizes conservation leases on both a landlord and
				  tenant basis when appropriate. Specifically, the DOC lets agricultural leases
				  on DOC lands to private parties to produce food and cover for wildlife,
				  sometimes on an interim basis following acquisition and pending development. In
				  some cases, larger acreages are acquired than were originally proposed due to
				  ownership patterns and individual landowner's desires. In such an instance, a
				  lease-back will be considered to maintain the agricultural use of the
				  additional property. As a stipulation of any farm lease, the DOC requires
				  proper soil conservation techniques including, but not limited to, the use of
				  conservation tillage, limited spring plowing, and crop rotation in order to
				  protect the land and control erosion.
As an alternative to outright purchase, the DOC will also
				  consider entering into a long-term lease where compatible with site
				  objectives.
PROJECT REVIEW
A major responsibility of the DOC is to review construction
				  projects proposed by federal, state and local governments, as well as private
				  interests, to insure projects are constructed in a manner which is least
				  damaging to Illinois' natural, cultural and recreational resources. As part of
				  this function, the DOC reviews Corps of Engineers Section 10 and Section 404
				  permits; Soil Conservation Service projects; Department of Transportation,
				  Division of Water Resources permits; National Pollution Discharge and
				  Elimination System permits; state, federal and local highway projects; mining
				  permits; utility power plant sitting proposals; transmission corridor location
				  studies; environmental assessment reports; and Environmental Impact Statements.
				  In addition to statutory charges, the DOC has been granted additional review
				  responsibilities through federal laws such as the Fish and Wildlife
				  Coordination Act ( P.L. 85-624, as amended), Department of Transportation Act
				  of 1966 ( P.L. 89-670 ), Federal Surface Mining Control and Reclamation Act of
				  1977 ( P.L. 95-87 ), and the National Environmental Policy Act ( P.L. 91-190
				  ).
In reviewing projects, the DOC evaluates effects upon
				  wildlife habitat, aquatic habitat, forest resources, endangered and threatened
				  species, natural areas, recreational resources, cultural and archaeological
				  sites and other natural lands and waters which would be affected by the
				  project. The DOC's major objective is to insure that project sponsors minimize
				  and mitigate impacts upon Illinois' natural, cultural and recreational
				  resources. During its review, the DOC will assess the various project impacts
				  and make comments and recommendations to the permitting agency or project
				  sponsor to insure the project is constructed in an environmentally sound
				  manner. Specific procedures for internal review of construction projects are
				  set forth in the DOC Policies and Procedures Manual.
GRANTS
Two major grant programs, the federal Land & Water
				  Conservation Fund (LWCF) program and state-financed Open Space Lands
				  Acquisition and Development (OSLAD) program, are administered by the DOC. Both
				  provide funding assistance for acquisition and development of public outdoor
				  recreation areas. Monies for the LWCF program are appropriated by Congress on
				  an annual basis to Illinois through the National Park Service, U.S. Department
				  of the Interior. A portion of that money is/may be used for DOC outdoor
				  recreation acquisition, development and planning projects. The remainder is
				  distributed on a competitive basis to local units of government, providing up
				  to 50% reimbursement, on approved outdoor recreation acquisition and
				  development projects. The OSLAD program provides funding assistance solely to
				  local units of government, and also allows for up to 50% reimbursement on
				  approved acquisition and development projects for public outdoor recreation
				  areas. Typically, LWCF and OSLAD projects at the local level are situated
				  within or contiguous to municipalities.
The LWCF and OSLAD programs are administered similarly by DOC
				  per the rules set forth in 17 of the Ill. Adm. Code 3025 and 3030, and in
				  accordance with the Land and Water Conservation Fund Act of 1965, as amended
				  (78 Stat. 897) and the Illinois Open Space Lands Acquisition and Development
				  Act (Ill. Rev. Stat 1985, ch. 85, pars. 2101 et seq.). In approving LWCF and
				  OSLAD grants, the DOC will encourage project sponsors to minimize acquisition
				  of productive farmland and will promote projects which are within a
				  municipality, constitute contiguous development and are consistent with both
				  DOC plans and local land use plans.
LANDOWNER ASSISTANCE
The DOC administers several programs to assist landowners in
				  wise management of their land. These programs involve advising landowners of
				  conservation practices which in turn benefit agriculture, e.g., reducing
				  erosion and controlling noxious weeds. A brief description of each
				  follows.
1. Acres for Wildlife
This program was established to encourage landowners to set
				  aside part of their property on a yearly basis to provide habitat for wildlife.
				  The program is designed to protect existing wildlife cover, although some
				  modification or manipulation of the existing cover may occur. Maintaining the
				  land as habitat may help control water run-off, thus benefiting adjacent
				  agricultural land.
2.
				Roadsides for Wildlife
This program involves seeding roadsides, as well as waterways
				  on private lands, to provide habitat for wildlife. Benefits to agriculture
				  include control of erosion and noxious weeds.
3. Private Land Habitat Management Program
Through this program, the DOC provides technical assistance
				  to private landowners in managing their land to provide wildlife habitat. Soil
				  and water conservation are important secondary benefits. Permanent plantings of
				  shrubs, trees, food patches and grass/legumes are usually confined to
				  non-agricultural or very marginal lands.
Technical support is also provided to landowners
				  participating in federal farm programs which retire cropland from
				  production.
4.
				Reforestation And Technical Assistance
The DOC provides technical assistance to landowners on forest
				  conservation practices. Assistance comprises management advice for the
				  protection, enhancement and utilization of existing forest lands, and
				  reforestation, including a limited supply of tree and shrub seedlings. Usually
				  reforestation is encouraged on marginal lands not suitable for row crops. Many
				  seedlings are also sold to urban and suburban landowners who own small
				  acreages. Agricultural benefits of this program include soil erosion control,
				  production of forest resources, windbreaks, and soil and water
				  conservation.
SUMMARY
It will continue to be the responsibility of the DOC to
				  protect the state's natural, cultural and recreational resources. Toward this
				  end, the DOC will continue to operate a system of parks, recreation, and
				  conservation areas, thus maintaining lands in their natural condition.
				  Furthermore, the DOC will continue to carry out land management practices on
				  these properties to protect the natural resources.
The DOC recognizes that the land is one of Illinois' most
				  valuable natural resources and shares the concern for protecting it from
				  adverse effects. The DOC will cooperate in the effort of the State of Illinois
				  to minimize the conversion of land, valued for its agricultural products, to
				  non-agricultural uses.
(May, 1987; revised)
Illinois Department of Conservation - Illinois
				  Department of Agriculture
Cooperative Working Agreement
This Cooperative Working Agreement between the Department of
				  Conservation (DOC) and the Department of Agriculture (DOA) is part of the DOC
				  Agricultural Land Preservation Policy, adopted to reduce the irreversible
				  conversion of Illinois' agricultural land. The DOC and the DOA agree to the
				  following:
I. The DOC will notify the
				DOA of all proposed land acquisition when the preliminary request is submitted
				to the Bureau of the Budget for consideration and DOC will describe the purpose
				of each applicable project. Additionally, the DOC will provide the required
				project information to DOA as specified in 8 Ill. Adm. Code 700.Appendix A:
				Exhibit B, "Project Proposal Information Requirements." The DOC will also
				justify the necessity for purchasing farmland, and indicate how the proposed
				acquisition is consistent with DOC's Agricultural Land Preservation Policy.
The DOC and DOA recognize that certain types of DOC land
				  acquisition involve special situations that should be treated as such. These
				  are enumerated below (see II - VIII). It will be the responsibility of the DOC
				  to identify these special types of acquisition in the project information
				  submitted to DOA.
II. The
				DOC will continue its program to acquire and protect natural areas identified
				by the Illinois Natural Areas Inventory, the comprehensive statewide survey
				which documented the location of relatively undisturbed natural communities,
				endangered species habitats, geologic areas, and other categories of natural
				areas. Areas proposed for acquisition may also include additional lands that
				meet the Inventory criteria, but were not discovered during the initial survey.
				(The Inventory is a dynamic data base, updated by adding qualifying areas and
				deleting those that no longer meet the criteria for inclusion.) The DOA
				recognizes the significance of preserving the few natural areas remaining in
				the State and supports the DOC's efforts to acquire Inventory areas.
Therefore, the DOA will not conduct a Study of Agricultural
				  Impacts, regardless of the size of the inventoried natural area. Acquisition of
				  any additional land surrounding the natural area will follow the guidelines
				  specified in the DOC's Agricultural Land Preservation Policy and will be
				  subject to DOA's Study of Agricultural Impacts.
III. The DOC purchases some agricultural land
				specifically to maintain its agricultural use. These farming operations are
				important in producing food and cover for wildlife. Some modifications of
				farming practices may occur, however, because lands being farmed under DOC
				ownership and management are subject to proper land management including, but
				not limited to, conservation tillage, limited spring plowing and crop rotation.
The DOC also purchases agricultural land to correct adjacent
				  land management practices which are damaging the resources on DOC properties,
				  e.g., watershed pollution. The DOA recognizes the value and necessity of this
				  type of stewardship and wise land management practices. The DOC will notify the
				  DOA of proposed projects of this type and explain the intent and necessity of
				  acquisition and the agricultural impact resulting from DOC acquisition of the
				  property. The DOA will determine whether an Agricultural Impact Study is needed
				  for such acquisitions on a case-by-case basis.
IV. Much of the DOC's land acquisition
				involves completing previously programmed and initiated acquisition projects.
				The DOA recognizes the need for contiguous development of DOC properties.
				Therefore, acquisition of inholdings, regardless of size, will not be subject
				to the Agriculture Impact Study. For the purpose of this agreement, an
				inholding is defined as land which is surrounded at least on three sides by DOC
				ownership.
Proposed acquisition of landlocked parcels, which are
				  dependent upon access through DOC land, shall be given special consideration by
				  the DOA when such access conflicts with management goals for the adjoining DOC
				  land.
V. The DOA will not
				perform a Study of Agricultural Impacts for DOC projects encompassing 10 acres
				or less of land. All areas proposed for acquisition by the DOC regardless of
				size, however, will follow the land acquisition policies set forth in the DOC
				Agricultural Land Preservation Policy.
VI. The DOA will not perform a Study of
				Agricultural Impacts on projects located within municipalities.
VII. In the event that acquisition of a
				parcel is not completed during the fiscal year for which it is programmed, the
				scope of the project does not change with respect to the land acquisition, and
				a review and/or Agricultural Impact Study has been completed, it shall not be
				subject to further review nor the Agricultural Impact Study process in
				subsequent years.
VIII. Land
				acquired by gift, administrative transfer, conservation easement, or
				conservation lease, shall be exempt from the Agricultural Impact Study
				process.
IX. It is imperative that
				the DOC's land acquisition program proceed on schedule during each fiscal year.
				Accordingly, in the event the DOA has not completed its agricultural impact
				review of a DOC project site within 30 days of notification, the DOC may
				proceed with acquisition unhampered. However, the 30 day review time frame will
				not commence until the DOA has received the required project information. If
				problems arise, the DOA may request, in writing, a 15 day extension.
				Furthermore, DOC will not release information to the general public relative to
				a final decision on a project site(s) which falls under the DOA's purview until
				the required Study of Agricultural Impacts has been completed.
X. If a project is not in compliance with
				DOC's Agricultural Land Preservation Policy and/or Cooperative Working
				Agreement and a compromise cannot be reached, the DOA shall invoke the Conflict
				Resolution Process (8 Ill. Adm. Code 700.Appendix A: Exhibit C).
XI. The DOC and the DOA will take all
				possible measures to insure that procedures relating to the implementation of
				this Agreement will remain confidential.
XII. This Cooperative Working Agreement and
				the associated Agricultural Land Preservation Policy shall be the governing
				document for the DOC and shall not be preempted in whole nor in part by any
				other agency agreement.
(May, 1987; revised)