State of Illinois
92nd General Assembly

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 1        AN ACT concerning conservation.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section  5.  The Real Property Conservation Rights Act is
 5    amended by changing Section 1 as follows:

 6        (765 ILCS 120/1) (from Ch. 30, par. 401)
 7        Sec. 1.  Definition.   (a)  A  conservation  right  is  a
 8    right, whether stated in the form of a restriction, easement,
 9    covenant  or  condition, or, without limitation, in any other
10    form in any deed, will, plat, or without limitation any other
11    instrument executed by or on behalf of the owner of  land  or
12    in   any   condemnation   order  of  taking,  appropriate  to
13    preserving:   (i)  the  significant  physical  character  and
14    visual characteristics of  structures  having  architectural,
15    historical,   or  cultural  significance,  together  with any
16    associated real property, whether or not  improved;  or  (ii)
17    land  or  water areas predominantly in their natural, scenic,
18    open or wooded condition, or as suitable  habitat  for  fish,
19    plants,    or    wildlife;   or   (iii)  the   integrity   of
20    archaeological sites and the artifacts or  information  which
21    they  may  contain pending properly supervised excavation and
22    investigation.   Without  limiting  the  generality  of   the
23    foregoing,   the   instrument   conveying   or   reserving  a
24    conservation right may, with respect to either the grantor or
25    grantee, require, prohibit, condition, limit or  control  any
26    or all of the following:
27             (1)  access or public visitation;
28             (2)  affirmative  acts  of  alteration, restoration,
29        rehabilitation,   repair,   maintenance,   investigation,
30        documentation,  payment  of  taxes,  or  compliance  with
31        public law and regulations;
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 1             (3)  conditions  of  operation,  use,   restoration,
 2        alteration, repair or maintenance;
 3             (4)  acts  detrimental  to  the  preservation  of  a
 4        place;
 5             (5)  the  construction,  placement, maintenance in a
 6        particular condition, alteration, or  removal  of  roads,
 7        signs,  billboards  or  other  advertising,  utilities or
 8        other structures on or above the ground;
 9             (6)  the  dumping  or  placing  of  soil  or   other
10        substance  or material as landfill, or dumping or placing
11        of trash, waste or other materials;
12             (7)  the excavation, dredging or  removal  of  loam,
13        peat,  gravel,  soil, rock or other material substance in
14        such manner as to affect  the  surface  or  to  otherwise
15        alter the topography of the area;
16             (8)  the  removal or destruction of trees, shrubs or
17        other vegetation;
18             (9)  surface use inconsistent with  preservation  of
19        water  or  land areas, or the improvement or appurtenance
20        thereto;
21             (10)  activities affecting drainage, flood  control,
22        water conservation, erosion control or soil conservation,
23        or fish and wildlife habitat preservation; or
24             (11)  any  other acts or uses having relation to the
25        preservation of structures, sites and water or land areas
26        or the improvements or appurtenances thereto.
27        (b)  A conservation right shall be  taken  to  include  a
28    preservation  restriction  as that term is defined in Section
29    11-48.2-1A of  the  "Illinois  Municipal  Code",  as  now  or
30    hereafter  amended, and shall not be unenforceable on account
31    of lack of privity of estate or contract or lack  of  benefit
32    to  particular  land  or  on  account  of  the  benefit being
33    assigned  or  assignable.   Conservation  rights   shall   be
34    construed  and  enforced  in accordance with their terms, and
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 1    shall be transferable and transferred, recorded and  indexed,
 2    in  the same manner as fee simple interests in real property,
 3    subject only to the limitations provided herein.
 4        Conservation rights may be released by the holder of such
 5    rights to the holder of the fee even though the holder of the
 6    fee may not be an agency  of  the  State,  a  unit  of  local
 7    government or a not-for-profit corporation or trust.
 8        The  holder  of a grant pursuant to this Act shall not be
 9    required to record any instrument subsequent to the recording
10    of the grant in order to maintain or continue the validity of
11    the grant.
12        The holder of such rights  shall  also  be  permitted  to
13    transfer  or assign such rights but only to another agency of
14    the State, a unit of local government or to a  not-for-profit
15    corporation or trust.
16    (Source: P.A. 91-497, eff. 1-1-00.)

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