505 ILCS 35/ Illinois Conservation Enhancement Act.

(505 ILCS 35/Art. I heading) ARTICLE I. GENERAL PROVISIONS.

(505 ILCS 35/1-1) (from Ch. 5, par. 2401-1)

Sec. 1-1. Short title. This Act may be cited as the Illinois Conservation Enhancement Act.

(Source: P.A. 85-960; 86-1475.)

(505 ILCS 35/1-2) (from Ch. 5, par. 2401-2)

Sec. 1-2. Purpose and policy. This Act creates 2 major programs, the Save Illinois Topsoil Program and the Illinois Natural Resource Enhancement Program. It is the purpose of this Act that certain marginal agricultural land be kept or taken out of crop production or pasture to protect soil and water quality and to protect and support fish and wildlife habitat. It is State policy to encourage the retirement of marginal, highly erodible agricultural land, particularly land adjacent to public waters and drainage systems, from crop production and to reestablish a cover of perennial vegetation in order to conserve, protect and enhance important water and land resources.

(Source: P.A. 85-960; 86-1475.)

(505 ILCS 35/1-3) (from Ch. 5, par. 2401-3)

Sec. 1-3. Definitions. As used in this Act:

(a) "Director" means the Director of the Department of Agriculture unless otherwise stated.

(b) "Conservation easement" means a nonpossessory interest in real property imposing limitations or affirmative obligations the purposes of which include retaining or protecting natural, scenic or open-space values of real property, assuring its availability for agricultural, forest, recreational or open-space use, protecting natural resources, maintaining or enhancing air or water quality, or preserving the natural, historical, architectural, archaeological or cultural aspects of real property. A conservation easement may be released at any time by mutual consent of the parties.

(c) "Save Illinois Topsoil Program" means the program established under Article II.

(d) "Landowner" means an "owner" as defined in Section 3 of "An Act relating to conservation rights in real property", approved September 12, 1977, who owns land in Illinois that qualifies as a farm, as "farm" is defined in Section 1-60 of the Property Tax Code.

(e) "Marginal agricultural land" means land that is: (1) composed of class IIIe, IVe, V, VI, VII or VIII land as identified in the land capability classification system of the United States Department of Agriculture; or (2) similar to land described under item (1) and identified under a land classification system which may be developed by the Director for the purposes of this Act.

(f) "Approved management plan" means a plant, animal and soil resource management plan for the land covered by a conservation easement. The plan shall be developed and approved by the soil and water conservation district of the county in which the land is located, with technical assistance provided by the Departments of Natural Resources and Agriculture and other State or federal agencies as needed.

(g) "Agreement" means a legal written contract which contains commitments made by the Director and the landowner necessary to carry out the approved management plan and to convey a conservation easement to the Department of Agriculture. An agreement may be rescinded at any time by mutual consent of the parties.

(h) "Fish and wildlife" means aquatic and terrestrial wild animals and plants and their habitat.

(i) "Habitat" means the combination of biological, physical and environmental conditions essential for a species' survival and reproduction. Habitat may include, but is not limited to, wetlands, forests, grasslands, prairies, savannas, caves, rivers, lakes, streams and the soil resource base.

(j) "Natural resources management plan" means a plan which addresses the protection, enhancement, establishment and management of habitat and associated fish and wildlife.

(k) "Illinois Natural Resource Enhancement Program" means the program established under Article III.

(Source: P.A. 88-670, eff. 12-2-94; 89-445, eff. 2-7-96.)

(505 ILCS 35/Art. II heading) ARTICLE II. SAVE ILLINOIS TOPSOIL PROGRAM.

(505 ILCS 35/2-1) (from Ch. 5, par. 2402-1)

Sec. 2-1. Save Illinois Topsoil Program. The Director, in consultation with the Director of Natural Resources, may establish and administer the Save Illinois Topsoil Program, which shall be based on its potential for fish and wildlife habitat establishment, protection or both establishment and protection, reducing soil erosion and protecting water quality. Land may be placed in the Save Illinois Topsoil Program provided:

(a) the land is marginal agricultural land or adjacent to marginal agricultural land and beneficial to natural resource protection or necessary for efficient recording of the land description;

(b) the land is at least 5 acres in size or is a whole field as determined by the Director;

(c) the land was in agricultural crop production or pasture for at least 2 years during the period 1981 to 1986;

(d) the land has an approved management plan;

(e) the land is subject to a conservation easement which is permanent or of limited duration in increments of 5 years for a period of not less than 10 years nor more than 50 years;

(f) the conservation easement is filed for record in the Office of the Recorder of each county where the easement is located;

(g) the conservation easement allows for repairs, improvements and inspections necessary to maintain public drainage systems provided the easement area is restored to the condition required by the terms of the conservation easement and approved management plan; and

(h) the landowner agrees in writing:

(1) to convey to the State a conservation easement that is not subject to any prior title, lien or encumbrance;

(2) to seed, plant and manage the land subject to the conservation easement as specified in the agreement and approved management plan;

(3) that other land supporting natural vegetation owned or leased during the term of the easement and covered by the approved management plan will not be converted to agricultural crop production or pasture if it supports natural vegetation or has not been used in agricultural crop production or pasture; and

(4) that all agreements made pursuant to this Article may be enforced by an action for specific performance, a mandatory injunction, or for damages in an amount not to exceed the total amount paid by the State to the landowner under Section 2-2, with interest from the date of each default under the agreement.

(Source: P.A. 89-445, eff. 2-7-96.)

(505 ILCS 35/2-2) (from Ch. 5, par. 2402-2)

Sec. 2-2. Payments to the landowner. The Director shall, subject to available funds and appropriations, make the following payments to the landowner:

(1) establishment of the perennial cover or other improvements required by the agreement, up to 60% of the cost, but not to exceed $75 per acre, for easements of limited duration;

(2) the cost of planting trees required by the agreement, up to 80% of the cost, but not to exceed $75 per acre, for easements of limited duration;

(3) a permanent easement, not to exceed 70% of the fair market value at the time the easement is conveyed, and payment of 100% of the cost, but not to exceed $75 per acre, to establish the perennial cover, other improvements or to plant trees required by the agreement; and

(4) an easement of limited duration, not to exceed 90% of the present value of the average of the acceptable bids for the federal Conservation Reserve Program, as contained in Public Law Number 99-198, in the relevant geographic area and on bids made immediately prior to when the easement is conveyed. If federal bid figures have not been determined for the area, or the federal program has been discontinued, the rate paid shall be determined by the Director.

The Director may not pay more than $50,000 annually to a landowner for the landowner's conservation easements and agreements. Any cost-share payments shall be in addition to this $50,000 limit.

The Director may supplement cost-share payments made under other local, State or federal programs, not to exceed $75 an acre, to the extent of available appropriations. The supplemental cost-share payments must be used to establish perennial cover on land enrolled in programs approved by the Director.

(Source: P.A. 99-642, eff. 7-28-16.)

(505 ILCS 35/2-3) (from Ch. 5, par. 2402-3)

Sec. 2-3. Conservation Easement Extension. When a conservation easement of limited duration expires, a new conservation easement, agreement, and approved management plan for an additional period of 10 years may be acquired by agreement of the Director and the landowner under the terms of this Section and Section 2-1. The Director may adjust payment rates as a result of renewing an agreement and conservation easement only after examining the condition of the established cover, conservation practices and land values.

(Source: P.A. 85-960.)

(505 ILCS 35/2-4) (from Ch. 5, par. 2402-4)

Sec. 2-4. Cooperation and technical assistance; supplemental conservation payment.

(a) In implementing this Article II the Director may provide an annual progress report to and shall cooperate with the Department of Natural Resources, the Illinois Environmental Protection Agency, the United States Fish and Wildlife Service, the Agricultural Stabilization and Conservation Service and Soil Conservation Service of the United States Department of Agriculture, the University of Illinois Cooperative Extension Service, county boards and interested private organizations and individuals.

(b) The Directors of the Departments of Agriculture and Natural Resources may provide technical assistance as requested to county soil and water conservation districts and to landowners enrolled in the Save Illinois Topsoil Program. The Director of Natural Resources may provide technical advice and assistance to the Director on the form and content of the conservation easement and agreement, and on agronomic practices relating to the establishment and maintenance of permanent cover and other conservation improvements as it relates to natural resources and habitats. The Directors of the Departments of Agriculture and Natural Resources may jointly prepare an informational booklet on the Save Illinois Topsoil Program and the Illinois Natural Resource Enhancement Program and other State and federal programs for land acquisition, conservation and retirement of land to be made available to eligible landowners and the general public.

(Source: P.A. 89-445, eff. 2-7-96.)

(505 ILCS 35/2-5) (from Ch. 5, par. 2402-5)

Sec. 2-5. Rules. The Director is authorized to adopt, amend and repeal rules in order to implement this Article II.

(Source: P.A. 85-960.)

(505 ILCS 35/Art. III heading) ARTICLE III. ILLINOIS NATURAL RESOURCE ENHANCEMENT PROGRAM.

(505 ILCS 35/3-1) (from Ch. 5, par. 2403-1)

Sec. 3-1. Policy. It is the policy of the State that fish, wildlife and their habitats are renewal natural resources to be conserved and enhanced through planned scientific management, protection and utilization.

(Source: P.A. 85-960.)

(505 ILCS 35/3-2) (from Ch. 5, par. 2403-2)

Sec. 3-2. Natural resource management plans.

(a) The Director of Natural Resources may prepare comprehensive natural resource management plans designed to accomplish the policy of Section 3-1. The comprehensive natural resource management plans shall include a strategic plan as outlined in subsection (b). The initial strategic plan may be completed by July 1, 1988. The natural resource management plans must also include the long-range and operational plans as described in subsections (c) and (d). The initial natural resource management plans may be completed by July 1, 1989.

(b) The strategic plan may be updated every 5 years and include:

(1) an issues analysis describing major natural resource management problems;

(2) a description of strategies to address management problems; and

(3) an assessment of the need for additional natural resource research facilities.

(c) The long-range plan may be updated every 5 years and include:

(1) an assessment of historical, present and projected demand for natural resources;

(2) an assessment of the capability of natural resources to meet present and future demand;

(3) development of data capable of continuous updating and useable as a resource management tool; and

(4) a statement of major goals, objectives and policies to address natural resource management issues.

(d) The operational plans may be reviewed and updated every year. The operational plans shall include the following:

(1) a description of specific actions needed to address resources management issues;

(2) an estimate of the expenditures necessary to implement the management actions and a description of the sources and amounts of revenue available;

(3) a procedure to review expenditures and evaluate the effectiveness of the management program; and

(4) recommendations for additional actions necessary to meet natural resource management needs.

(e) The Director of Natural Resources shall coordinate natural resource planning efforts with appropriate public agencies to achieve optimum public benefit.

(f) The Director of Natural Resources shall make natural resource management plans available for public input, review and comment.

(Source: P.A. 89-445, eff. 2-7-96.)

(505 ILCS 35/Art. IV heading) ARTICLE IV. FUNDING FOR PROGRAMS. (Repealed by P.A. 101-275, eff. 8-9-19)

(505 ILCS 35/Art. V heading) ARTICLE V. CRITICAL HABITAT. (Repealed by P.A. 92-787, eff. 1-1-03)

(505 ILCS 35/5-1) (from Ch. 5, par. 2405-1)

Sec. 5-1. (Repealed).

(Source: P.A. 89-445, eff. 2-7-96. Repealed by P.A. 92-787, eff. 1-1-03.)

(505 ILCS 35/5-2) (from Ch. 5, par. 2405-2)

Sec. 5-2. (Repealed).

(Source: P.A. 89-445, eff. 2-7-96. Repealed by P.A. 92-787, eff. 1-1-03.)

(505 ILCS 35/5-3) (from Ch. 5, par. 2405-3)

Sec. 5-3. (Repealed).

(Source: P.A. 89-445, eff. 2-7-96. Repealed by P.A. 92-787, eff. 1-1-03.)