(20 ILCS 3420/3)
(from Ch. 127, par. 133c23)
(a) "Director" means the Director of Historic Preservation who shall serve
as the State Historic Preservation Officer.
(b) "Agency" shall have the same meaning as in Section 1-20 of
the Illinois Administrative Procedure Act, and shall specifically include
all agencies and entities made subject to such Act by any State statute.
(c) "Historic resource" means any property which is either publicly or
privately held and which:
(1) is listed in the National Register of Historic
Places (hereafter "National Register");
(2) has been formally determined by the Director to
be eligible for listing in the National Register as defined in Section 106 of Title 16 of the United States Code;
(3) has been nominated by the Director and the
Illinois Historic Sites Advisory Council for listing in the National Register;
(4) meets one or more criteria for listing in the
National Register, as determined by the Director; or
(d) "Adverse effect" means:
(1) destruction or alteration of all or part of an
(2) isolation or alteration of the surrounding
environment of an historic resource;
(3) introduction of visual, audible, or atmospheric
elements which are out of character with an historic resource or which alter its setting;
(4) neglect or improper utilization of an historic
resource which results in its deterioration or destruction; or
(5) transfer or sale of an historic resource to any
public or private entity without the inclusion of adequate conditions or restrictions regarding preservation, maintenance, or use.
(e) "Comment" means the written finding by the Director of the effect of
a State undertaking on an historic resource.
(f) "Undertaking" means any project, activity, or program that can
result in changes in the character or use of historic property, if any
historic property is located in the area of potential effects. The
project, activity or program shall be under the direct or indirect
jurisdiction of a State agency or licensed or assisted by a State agency.
An undertaking includes, but is not limited to, action which is:
(1) directly undertaken by a State agency;
(2) supported in whole or in part through State
contracts, grants, subsidies, loan guarantees, or any other form of direct or indirect funding assistance; or
(3) carried out pursuant to a State lease, permit,
license, certificate, approval, or other form of entitlement or permission.
(g) "Committee" means the Historic Preservation Mediation Committee.
(h) "Feasible" means capable of being accomplished in a successful
manner within a reasonable period of time, taking into account economic,
environmental, social, and technological factors.
(i) "Private undertaking" means any undertaking that does not receive
public funding or is not on public lands.
(j) "High probability area" means any occurrence of Cahokia Alluvium,
Carmi Member of the Equality Formation, Grayslake Peat, Parkland Sand,
Peyton Colluvium, the Batavia Member of the Henry Formation, or the
Mackinaw Member, as mapped by Lineback et al. (1979) at a scale of
1-500,000 within permanent stream floodplains and including:
(1) 500 yards of the adjoining bluffline crest of the
Fox, Illinois, Kankakee, Kaskaskia, Mississippi, Ohio, Rock and Wabash Rivers and 300 yards of the adjoining bluffline crest of all other rivers or
(2) a 500 yard wide area along the shore of Lake
Michigan abutting the high water mark.
(Source: P.A. 97-785, eff. 7-13-12; 98-463, eff. 8-16-13.)