Article II - Save Illinois Topsoil Program
(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 and 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. 85‑1332.) |
(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.) |