Section 650.21  Deer Permit Requirements – Landowner/Tenant Permits

a)         The immediate family of a landowner or tenant is defined as, and limited to, the spouse, children, or parents permanently residing on the same property as the landowner or tenant.

b)         A tenant for the purpose of this Part is one who rents 40 acres or more land for commercial agricultural purposes under an agreement with a landowner. Commercial agriculture shall be defined as utilization of land for the raising of hay, grain crops or livestock for profit.

c)         Resident Illinois landowners who own 40 acres or more of land and resident tenants renting or leasing 40 acres or more of commercial agricultural land, and members of their immediate family, may apply for a free either-sex permit for their property only in counties open for firearm deer hunting.  Recipients of the free either-sex permit will also be given a free antlerless-only permit for their property only.  Nonresident Illinois landowners (of 40 acres or more land) are also eligible to apply for one either-sex permit and one antlerless-only permit for their property only.  The fee to nonresident Illinois landowners (of 40 acres or more land) for permits for their property only shall be $150 for the either-sex permit and $15 for the antlerless-only permit.  These applications will not be subject to the public lottery process.  This deer hunting permit shall be valid on all farmlands which the person to whom it is issued owns, leases or rents [525 ILCS 5/2.26] in counties open for firearm deer hunting.

d)           Bona fide Illinois landowners or tenants who do not wish to hunt only on the land they own, rent, or lease must apply for permits in the same manner as the applicant who is not a landowner or tenant.  However, resident Illinois landowners who own 40 acres or more of land, and resident tenants leasing or renting 40 acres or more of commercial agricultural land, who apply during the First Lottery application period for a permit to hunt in the county in which they own or lease land and are rejected because the county quota is full, may apply for a county-wide either-sex paid landowner firearm deer permit to hunt in the county where the land is located.  Members of the immediate family of the landowner or tenant are also eligible to apply for a county-wide either-sex paid landowner firearm deer permit if they were rejected in the First Lottery.  Applications for county-wide paid landowner deer permits will be accepted from August 1 through the last working day in August.  Incomplete applications will be returned.  The fee for a county-wide either-sex paid landowner deer permit shall be the same as for permits for hunters that are not landowners or tenants.  Recipients of a county-wide either-sex paid landowner deer permit may also apply for a regular bonus antlerless-only permit for that county, but will be issued such permit only if there are antlerless permits remaining in the county quota.  Landowners and tenants, and their immediate families, who did not apply for permits in the First Lottery and subsequently fail to receive them, are not eligible to apply for or receive county-wide paid landowner deer permits.

e)         Date of acceptance of landowner/tenant property-only permit applications will be publicly announced.

f)          Landowners and resident tenants are not required to participate in the public drawing for permits in order to apply for and receive a property-only permit.

g)         Proof of ownership for all landowner or tenant applications must be provided by one of the following methods:

1)      Submittal of a copy of property deed;

2)      Submittal of a copy of contract for deed;

3)      Submittal of a copy of the most recent real estate tax statement for the property (upon which the landowner's name appears as landowner, or person signing application appears as landowner);

4)      Submittal of a copy of a Farm Service Agency 156EZ form; or

5)      Submittal of a copy of a trust agreement which must indicate that the trust owns at least 40 acres and the applicant is a current income beneficiary of the trust.

h)         Tenant permit applicants are required to submit, in addition to the landowner certification and proof of ownership, a copy of one of the following:

1)      A copy of a lease or a rental agreement, file stamped as recorded by the County Clerk, covering the current year; or

2)      A copy of a Farm Service Agency 156EZ form.

i)          A hunting rights lease, or other non-agricultural lease, is not valid as a basis for obtaining a landowner or tenant permit.

j)          County-wide permit holders are authorized to firearm deer hunt only in the county identified on the deer permit and only on property where permission to hunt has been obtained from the property owner.

k)         If the property is owned or rented by more than one person:  Only one landowner (and immediate family) or one tenant (and immediate family) shall be issued a permit on a first-come, first-served basis for every 40 acres of owned or rented land.  For example, if 3 persons own 90 acres, only 2 of the landowners and their immediate family may receive deer permits.

l)          Bona fide equity shareholders of corporations,  bona fide equity members of limited liability companies, bona fide current income beneficiaries of trusts or bona fide partners of a partnerships owning 40 or more acres of land in a county may apply for one either-sex permit to hunt the corporation, limited liability company, trust or partnership lands only.  Only one permit per 40 acres, for a maximum number of 15 permits per county, for corporations, trusts and limited liability companies, and a maximum number of 3 permits per county for partnerships, shall be issued based on ownership of lands by corporations, limited liability companies, trusts or partnerships.  Lands leased to corporations, limited liability companies, trusts or partnerships shall not be considered as a basis for a permit for the shareholders/members/beneficiaries/partners of the lessee.  Lands held in trust by corporations, limited liability companies or partnerships shall not be considered as a basis for a permit by the shareholders/members/partners of the trustee.  If application is made for a permit based upon lands owned by the corporation, limited liability company, trust or partnership, a duly authorized officer of the corporation, limited liability company, trust or partnership must sign a notarized statement authorizing the applicant to hunt on the corporate, company, trust or partnership lands for which a permit is being requested.  This statement must identify the applicant as a bona fide equity shareholder,  member, beneficiary or partner, as defined in this subsection, identify authorization to hunt and identify that no more than 15 authorizations will be requested per county for the corporation, limited liability company, or trust lands and no more than 3 authorizations will be requested per county for partnership lands.  This document must be attached to the application upon submittal to the Permit Office.  The shareholder/member/partner either-sex permit shall be free to resident shareholders/members/partners, and the cost to nonresident shareholders/members shall be $150.  An antlerless-only shareholder/member/partner permit (free to resident shareholders/members/partners; $15 to nonresident shareholders/members) will be made available if in the best interest of managing the deer herd.  Nonresident partners cannot receive permits under this subsection.

1)      Bona fide equity shareholder means an individual who:

A)        purchased, for market price, publicly sold stock shares in a corporation; purchased shares of a privately-held corporation for a value equal to the percentage of the appraised value of the corporate assets represented by the ownership in the corporation; or is a member of a closely-held family-owned corporation and has purchased or been gifted with shares of stock in the corporation accurately reflecting his or her percentage of ownership; and

B)        intends to retain the ownership of the shares of stock for at least 5 years.

2)         Bona fide equity member means an individual who:

A)        became a member upon the formation of the limited liability company; or has purchased a distributional interest in a limited liability company for a value equal to the percentage of the appraised value of the limited liability company assets represented by the distributional interest in the limited liability company and subsequently becomes a member of the company pursuant to Article 30 of the Limited Liability Company Act; and

B)        intends to retain the membership for at least 5 years.

3)         Bona fide current income beneficiary means an individual who, at the time of application for a permit, is entitled to income (whether income exists or not) from the trust that owns the land the applicant wishes to hunt with no condition precedent (such as surviving another person, reaching a certain age, etc.) other than the trustee distributing the income, and is listed by name in the trust documents as an income beneficiary.

4)         Bona fide equity partner means an individual who:

A)        became a partner, either general or limited, upon the formation of the partnership; or  has purchased a distributional interest in the partnership or limited partnership for a value equal to the percentage of the appraised value of the partnership assets represented by the distributional interest in the partnership;

B)        intends to retain ownership of  the partnership for at least 5 years; and

C)        is a resident of Illinois.

m)        Landowners or tenants  that apply for or receive property-only landowner/tenant firearm deer permits may not apply for additional permits in the First or Second Lottery Drawing.  Landowners or tenants that apply for county-wide paid landowner firearm deer permits must have been rejected in the First Lottery drawing for a permit in the county in which they own or lease land, and they may not apply for additional permits in the Second Lottery Drawing.

n)         Providing false information on an application is a Class A misdemeanor (see 520 ILCS 5/2.38).

(Source:  Amended at 32 Ill. Reg. 9300, effective June 13, 2008)