Article 805 - Department Of Natural Resources (Conservation)
(20 ILCS 805/Art. 805 heading) ARTICLE 805. DEPARTMENT OF NATURAL RESOURCES (CONSERVATION)
(20 ILCS 805/805‑1)
Sec. 805‑1. Article short title. This Article 805 of the Civil Administrative Code of Illinois may be cited as the Department of Natural Resources (Conservation) Law.
(Source: P.A. 91‑239, eff. 1‑1‑00.) |
(20 ILCS 805/805‑5)
Sec. 805‑5. Definitions. In this Law:
"Department" means the Department of Natural Resources.
"Director" means the Director of Natural Resources.
(Source: P.A. 91‑239, eff. 1‑1‑00.) |
(20 ILCS 805/805‑10) (was 20 ILCS 805/63a)
Sec. 805‑10. Department's powers, generally. The Department has the powers enumerated in the following Sections.
(Source: P.A. 90‑490, eff. 8‑17‑97; 91‑239, eff. 1‑1‑00.) |
(20 ILCS 805/805‑15) (was 20 ILCS 805/63a37)
Sec. 805‑15. Rules and regulations. The Department has the power to adopt and enforce rules and regulations necessary to the performance of its statutory duties.
(Source: P.A. 91‑239, eff. 1‑1‑00.) |
(20 ILCS 805/805‑25) (was 20 ILCS 805/63b2.8)
Sec. 805‑25. Public benefit certification. The Department has the power to certify whether land encumbered by a conservation right provides a demonstrated public benefit for purposes of reduced land valuation in accordance with Section 10‑167 of the Property Tax Code.
(Source: P.A. 91‑239, eff. 1‑1‑00.) |
(20 ILCS 805/805‑30) (was 20 ILCS 805/63a38)
Sec. 805‑30. Illinois Conservation Corps; Illinois Youth Recreation Corps. The Department has the power to administer the Illinois Conservation Corps Program and the Illinois Youth Recreation Corps Program created by the Illinois Youth and Young Adult Employment Act of 1986 and to promulgate rules and regulations for the administration of the programs.
(Source: P.A. 91‑239, eff. 1‑1‑00.) |
(20 ILCS 805/805‑35) (was 20 ILCS 805/63a40)
Sec. 805‑35. Adopt‑A‑River program. The Department has the power to establish and maintain Adopt‑A‑River programs with individual or group volunteers in an effort to encourage and facilitate volunteer group involvement in litter cleanup in and along portions of rivers and streams located in State parks and park lands. These programs shall include but not be limited to the following:
(1) Providing and coordinating services by |
| volunteers to reduce the amount of litter including providing trash bags and trash bag pickup and, where necessary, providing briefings on safety procedures. | |
(2) Providing and installing signs identifying those |
| volunteers participating in the Adopt‑A‑River program in particular parks and park lands. | |
The State and the Department and its employees are not liable for any damages or injury suffered by any person resulting from his or her participation in the program or from the actions or activities of the volunteers.
(Source: P.A. 90‑14, eff. 7‑1‑97; 91‑239, eff. 1‑1‑00.) |
(20 ILCS 805/805‑40) (was 20 ILCS 805/63a41)
Sec. 805‑40. Adopt‑A‑Park program. The Department may establish and maintain Adopt‑A‑Park programs with individual or group volunteers in an effort to reduce and remove litter from parks and park lands. These programs shall include but not be limited to the following:
(1) Providing and coordinating services by |
| volunteers to reduce the amount of litter, including providing trash bags and trash bag pickup and, in designated areas where volunteers may be in close proximity to moving vehicles, providing safety briefings and reflective safety gear. | |
(2) Providing and installing signs identifying those |
| volunteers adopting particular parks and park lands. | |
(Source: P.A. 90‑14, eff. 7‑1‑97; 91‑239, eff. 1‑1‑00.) |
(20 ILCS 805/805‑70) (was 20 ILCS 805/63b2.9)
Sec. 805‑70. Grants and contracts.
(a) The Department has the power to accept, receive, expend, and administer, including by grant, agreement, or contract, those funds that are made available to the Department from the federal government and other public and private sources in the exercise of its statutory powers and duties.
(b) The Department may make grants to other State agencies, universities, not‑for‑profit organizations, and local governments, pursuant to an appropriation in the exercise of its statutory powers and duties.
(Source: P.A. 90‑490, eff. 8‑17‑97; 91‑239, eff. 1‑1‑00.) |
(20 ILCS 805/805‑80) (was 20 ILCS 805/63b1.2)
Sec. 805‑80. Indirect cost reimbursements. Indirect cost reimbursements applied for by the Department may be allocated as State matching funds. Any indirect cost reimbursement applied for and received by the Department shall be deposited into the same fund as the direct cost and may be expended, subject to appropriation, for support of programs administered by the Department.
(Source: P.A. 90‑490, eff. 8‑17‑97; 91‑239, eff. 1‑1‑00.) |
(20 ILCS 805/805‑100) (was 20 ILCS 805/63a1)
Sec. 805‑100. Conservation of fish and game. The Department has the power to take all measures necessary for the conservation, preservation, distribution, introduction, propagation, and restoration of fish, mussels, frogs, turtles, game, wild animals, wild fowls, and birds.
(Source: P.A. 91‑239, eff. 1‑1‑00.) |
(20 ILCS 805/805‑105) (was 20 ILCS 805/63a2)
Sec. 805‑105. Conservation of fauna and flora. The Department has the power to take all measures necessary for the conservation, preservation, distribution, introduction, propagation, and restoration of the fauna and flora, except where other laws designate responsibilities specifically to other governmental agencies. The Director and authorized employees of the Department may expend sums the Director deems necessary to purchase any fauna and flora or parts thereof protected by the Department for use as evidence of a violation of the Fish and Aquatic Life Code, the Wildlife Code, or any other Act administered by the Department and may employ persons to obtain that evidence. The Director is authorized to establish investigative cash funds for the purpose of purchasing evidence or financing any investigation of persons suspected of having violated those Acts. The investigative cash funds shall be operated and maintained on the imprest system, and no such fund shall exceed $10,000. The Department is authorized to deposit the money in a locally held bank account. The funds to be expended shall come from public donations, proceeds from the sale of flora and fauna no longer or not needed as evidence that were purchased with investigative cash funds, and appropriations to the Department for contractual services.
(Source: P.A. 91‑239, eff. 1‑1‑00.) |
(20 ILCS 805/805‑110) (was 20 ILCS 805/63a3)
Sec. 805‑110. Statistics relating to fauna and flora. The Department has the power to collect and publish statistics relating to the fauna and flora.
(Source: P.A. 91‑239, eff. 1‑1‑00.) |
(20 ILCS 805/805‑115) (was 20 ILCS 805/63a4)
Sec. 805‑115. Conservation information. The Department has the power to acquire and disseminate information concerning the propagation and conservation of the fauna and flora, and the activities of the Department and the industries affected by conservation and propagation.
(Source: P.A. 91‑239, eff. 1‑1‑00.) |
(20 ILCS 805/805‑120) (was 20 ILCS 805/63a5)
Sec. 805‑120. Pollution prevention. The Department has the power to exercise all rights, powers, and duties conferred by law and to take measures that are necessary for the prevention of pollution of and engendering of sanitary and wholesome conditions in rivers, lakes, streams, and other waters in this State that will promote, protect, and conserve fauna and flora and to work in conjunction with any other department of State government that is proceeding to prevent stream and water pollution.
(Source: P.A. 91‑239, eff. 1‑1‑00.) |
(20 ILCS 805/805‑125) (was 20 ILCS 805/63b1)
Sec. 805‑125. Agreements with federal agencies. The Department has the power and authority to enter into agreements with appropriate federal agencies in order to better effect cooperative undertakings in the conservation, preservation, distribution, and propagation of fish, mussels, frogs, turtles, game, wild animals, wild fowls, birds, trees, plants, and forests. The Department's agreements with the United States government may include general indemnification provisions.
(Source: P.A. 96‑45, eff. 7‑15‑09.)
(20 ILCS 805/805‑130) (was 20 ILCS 805/63a8)
Sec. 805‑130. Conservation of forests. The Department has the power to take measures for the promotion of planting, encouragement, protection, and conservation of forests and to promote forestry in this State, including but not limited to reforestation, woodland management, fire management, and forest marketing and utilization, to exercise the rights, powers, and duties in relation thereto that are conferred by law, to promote sound forestry management as described by the Illinois Forestry Development Act, and to carry out the functions ascribed to the Department by that Act.
(Source: P.A. 91‑239, eff. 1‑1‑00.) |
(20 ILCS 805/805‑200) (was 20 ILCS 805/63a13‑1)
Sec. 805‑200. Property given in trust. The Department has the power to accept, hold, maintain, and administer, as trustee, property given in trust for educational, recreational, or historic purposes for the benefit of the People of the State of Illinois and to dispose of that property pursuant to the terms of the instrument creating the trust.
(Source: P.A. 91‑239, eff. 1‑1‑00.) |
(20 ILCS 805/805‑205) (was 20 ILCS 805/63a29)
Sec. 805‑205. Acquiring real property subject to life estate. The Department has the power to acquire, for purposes authorized by law, any real property in fee simple subject to a life estate in the seller in not more than 3 acres of the real property acquired, subject to the restrictions that the life estate shall be used for residential purposes only and that it shall be non‑transferable.
(Source: P.A. 91‑239, eff. 1‑1‑00.) |
(20 ILCS 805/805‑210) (was 20 ILCS 805/63a33)
Sec. 805‑210. Purchasing land for State parks. The Department has the power to purchase land for State park purposes by contract for deed under the terms and restrictions of Section 2 of the State Parks Act. The purchase restrictions under that Act shall include and take into consideration any purchases by contract for deed under Sections 805‑205, 805‑215, 805‑225, 805‑230, and 805‑255.
(Source: P.A. 91‑239, eff. 1‑1‑00.) |
(20 ILCS 805/805‑215) (was 20 ILCS 805/63a17)
Sec. 805‑215. Acquiring jurisdiction over federal government lands. The Department has the power to acquire jurisdiction by lease, purchase, contract, or otherwise over any lands held by or otherwise under the jurisdiction of the federal government for the purpose of carrying out any power or duty conferred upon the Department and to locate, relocate, construct, and maintain roadways and parking areas on those lands and to supply all facilities necessary for public use of the areas.
(Source: P.A. 91‑239, eff. 1‑1‑00.) |
(20 ILCS 805/805‑220) (was 20 ILCS 805/63a34)
Sec. 805‑220. Historic structures. The Department has the power to lease or purchase any lands or structures for the purpose of restoring, renovating, and maintaining structures of historic significance that are listed in the Illinois or National Register of Historic Places for public use; to acquire all necessary property or rights‑of‑way for the purpose of providing access to those structures; and to construct buildings or other facilities the Department deems necessary or desirable for maximum utilization of those facilities for public use. However, any structures obtained for the purpose of being used as State office facilities shall be subject to the authority of the Department of Central Management Services, and any leases for those facilities shall be negotiated and executed by the Department of Central Management Services.
(Source: P.A. 91‑239, eff. 1‑1‑00.) |
(20 ILCS 805/805‑225) (was 20 ILCS 805/63a19)
Sec. 805‑225. Conservation of natural or scenic resources. The Department has the power to acquire the fee or any lesser interests, including scenic easements, in real property in order to preserve, through limitation of future use, areas of great natural scenic beauty or areas whose existing openness, natural condition, or present state of use, if retained, would enhance the present or potential value of abutting or surrounding recreational area development or would maintain or enhance the conservation of natural or scenic resources.
(Source: P.A. 91‑239, eff. 1‑1‑00.) |
(20 ILCS 805/805‑230) (was 20 ILCS 805/63a18)
Sec. 805‑230. Developing recreational areas. The Department has the power to lease from individuals, corporations, or any other form of private ownership, from any municipality, public corporation, or political subdivision of this State, or from the United States any lands or waters for the purpose of developing outdoor recreational areas for public use and to acquire all necessary property or rights‑of‑way for the purposes of ingress or egress to those lands and waters and to construct buildings and other recreational facilities, including roadways, bridges, and parking areas, that the Department deems necessary or desirable for maximum utilization of recreational facilities for public use of the areas.
(Source: P.A. 91‑239, eff. 1‑1‑00.) |
(20 ILCS 805/805‑235) (was 20 ILCS 805/63a6)
Sec. 805‑235. Lease of lands acquired by the Department; disposition of obsolete buildings. The Department has the power to do and perform each and every act or thing considered by the Director to be necessary or desirable to fulfill and carry out the intent and purpose of all laws pertaining to the Department, including the right to rehabilitate or sell at public auction buildings or structures affixed to lands over which the Department has acquired jurisdiction when in the judgment of the Director those buildings or structures are obsolete, inadequate, or unusable for the purposes of the Department and to lease those lands with or without appurtenances for a consideration in money or in kind for a period of time not in excess of 5 years for the purposes and upon the terms and conditions that the Director considers to be in the best interests of the State when those lands are not immediately to be used or developed by the State. All those sales shall be made subject to the written approval of the Governor. The funds derived from those sales and from those leases shall be deposited in the State Parks Fund, except that funds derived from those sales and from those leases on lands managed and operated principally as wildlife or fisheries areas by the Department shall be deposited in the Wildlife and Fish Fund.
(Source: P.A. 91‑239, eff. 1‑1‑00.) |
(20 ILCS 805/805‑240) (was 20 ILCS 805/63b)
Sec. 805‑240. Sale of land affected by federal emergency conservation work; work on privately owned land.
(a) The Department has the power and authority for and on behalf of the State to make contractual agreements with the federal government providing that if, as a result of the emergency conservation work done by the federal government on State, county, and municipally owned land in Illinois under the provisions of a federal act entitled "An Act for the relief of unemployment through the performance of useful public work, and for other purposes", enacted by the 73rd Congress, the State derives a direct profit from the sale of that land or its products, then the proceeds will be divided equally between the State of Illinois and the federal government until the State shall have paid for the work done at the rate of $1.00 per man per day for the time spent on the work or projects, subject to a maximum of $3.00 per acre.
The Department's agreements with the U.S. Government may include general indemnification provisions as required by federal statutes for nonfederal sponsorship of a federally authorized project.
(b) The Department may also assume responsibility for the maintenance of work done on privately owned land either by the owners of the land or otherwise and may by contract with the owners reserve the right to remove any structures or other things of removable value resulting from the work, including products of trees planted, the removal to be without compensation to the landowner.
(Source: P.A. 91‑239, eff. 1‑1‑00.) |
(20 ILCS 805/805‑245) (was 20 ILCS 805/63b2.1)
Sec. 805‑245. Disposition of State park lands. The Department shall not dispose of any portion of a State park except as specifically authorized by law. This prohibition shall not restrict the Department from conveyance of easements and other lesser interests in land.
(Source: P.A. 91‑239, eff. 1‑1‑00.) |
(20 ILCS 805/805‑250) (was 20 ILCS 805/63a20)
Sec. 805‑250. Leases for strategic military sites. The Department has the power to lease lands over which the Department has jurisdiction to the United States Army for use as strategic military sites for a period not to exceed 10 years. All such leases, for whatever period, shall be subject to the written approval of the Governor.
(Source: P.A. 91‑239, eff. 1‑1‑00.) |
(20 ILCS 805/805‑255) (was 20 ILCS 805/63a10)
Sec. 805‑255. Transfers to other State agency or federal government; acquisition of federal lands. The Department has the power to transfer jurisdiction of or exchange any realty under the control of the Department to any other department of the State government, or to any agency of the federal government, or to acquire or accept federal lands, when the transfer, exchange, acquisition, or acceptance is advantageous to the State and is approved in writing by the Governor.
(Source: P.A. 91‑239, eff. 1‑1‑00.) |
(20 ILCS 805/805‑260) (was 20 ILCS 805/63a7)
Sec. 805‑260. Licenses and rights‑of‑way for public services. The Department has the power to grant licenses and rights‑of‑way within the areas controlled by the Department for the construction, operation, and maintenance upon, under, or across the property of facilities for water, sewage, telephone, telegraph, electric, gas, or other public service, subject to terms and conditions determined by the Department.
(Source: P.A. 91‑239, eff. 1‑1‑00.) |
(20 ILCS 805/805‑265) (was 20 ILCS 805/63a39)
Sec. 805‑265. Public utility easement on Tunnel Hill Bicycle Trail. The Department has the power to grant a public utility easement in the Saline Valley Conservancy District on the Tunnel Hill Bicycle Trail for construction and maintenance of a waterline, subject to terms and conditions determined by the Department.
(Source: P.A. 95‑331, eff. 8‑21‑07.)
(20 ILCS 805/805‑270) (was 20 ILCS 805/63a26)
Sec. 805‑270. Surplus agricultural products. The Department has the power to sell or exchange surplus agricultural products grown on land owned by or under the jurisdiction of the Department when those products cannot be used by the Department.
(Source: P.A. 91‑239, eff. 1‑1‑00.) |
(20 ILCS 805/805‑275) (was 20 ILCS 805/63a27)
Sec. 805‑275. Sale of gravel and other materials. The Department has the power to sell gravel, sand, earth, or other material from any State of Illinois owned lands or waters under the jurisdiction of the Department at a fair market price. The proceeds from the sales shall be deposited into the Wildlife and Fish Fund in the State treasury.
(Source: P.A. 90‑372, eff. 7‑1‑98; 91‑239, eff. 1‑1‑00.) |
(20 ILCS 805/805‑300) (was 20 ILCS 805/63a21)
Sec. 805‑300. Public accommodation, educational, and service facilities. The Department has the power to develop and operate public accommodation, educational, and service facilities on lands over which the Department has jurisdiction and to lease lands over which the Department has jurisdiction to persons or public or private corporations for a period not to exceed 99 years for the construction, maintenance, and operation of public accommodation, educational, and service facilities. Those public accommodation, educational, and service facilities include, but are not limited to, marinas, overnight housing facilities, tent and trailer camping facilities, recreation facilities, food service facilities, and similar accommodations. With respect to lands leased from the federal government or any agency of the federal government, the Department may sub‑lease those lands for a period not to exceed the time of duration of the federal lease with the same renewal options that are contained in the federal lease. All such leases or sub‑leases, for whatever period, shall be made subject to the written approval of the Governor.
(Source: P.A. 91‑239, eff. 1‑1‑00.) |