Section 1515.40  Exceptions to Enrollment Process

a)         Landowners with acres that are subject to a restrictive covenant that has already given the State the rights provided for in the CREP 15-year, 35-year or permanent easement, or who are restoring the acres for mitigation from a State or Federal action, are ineligible for State CREP bonus payments and State CREP cost-share payments.

b)         If a county SWCD decides not to hold the 15-year, 35-year or permanent easements for that county, IDNR will work with the landowner to complete the enrollment forms and execute and record the 15-year, 35-year or permanent easement documents.

c)         As provided for in the Real Property Conservation Rights Act [765 ILCS 120], any agency of the State, unit of local government, or not-for-profit corporation or trust whose primary purposes include the conservation of land and natural areas, may hold the CREP 15-year, 35-year or permanent easements for willing CREP landowners. Such entity must contact IDNR with a signed list of willing landowners. IDNR will assist the entity with the enrollment process.  The entity must execute the 15-year, 35-year or permanent easements, administer them, and provide annual compliance reports to IDNR by September 30 of each year.

d)         Landowners with acres enrolled in continuous CRP sign-ups in the CREP eligible area prior to that area being eligible for CREP are eligible to enroll the CRP acres and additional non-cropped acres for permanent easements if the CRP acres and non-cropped acres meet all other eligibility requirements and if appropriate IDNR staff has determined the acceptability of the CRP acres and non-cropped acres for a permanent easement.

e)         Landowners with acres enrolled in CRP sign-ups within the floodplain in the CREP eligible area are eligible to enroll the CRP acres and additional non-cropped acres for permanent easements if required for a Federal and/or State watershed project, if the CRP acres and non-cropped acres meet all other eligibility requirements, and if appropriate IDNR staff has determined the acceptability of the CRP acres and non-cropped acres for a permanent easement.

(Source:  Amended at 35 Ill. Reg. 1636, effective January 14, 2011)