Section 1515.40  Exceptions to Enrollment Process

a)     Landowners with acres that are subject to a restrictive covenant that has already given the State the rights provided for in the CREP contract supplement or permanent easement or are restoring the acres for mitigation from a State or Federal action are ineligible for State CREP bonus payments and State CREP cost-share payments.

b)     If a county SWCD decides not to hold contract supplements or permanent easements for that county, the enrollment forms will be completed at the county SWCD office.  However, the IDNR will work with the landowner to execute and record the contract supplement or permanent easement document.

c)     As provided for in the Real Property Conservation Rights Act [765 ILCS 120], any agency of the State, unit of local government, or not-for-profit corporation or trust whose primary purposes include the conservation of land and natural areas, may hold the CREP contract supplements or permanent easements for a group of willing CREP landowners. Such entity must contact IDNR with a signed list of willing landowners. IDNR will assist the entity with the enrollment process.  The entity must execute the contract supplements or permanent easements, administer them, and provide annual reports to IDNR by September 30 of each year.

d)     Landowners with acres enrolled in continuous CRP sign-ups that were included in the CREP eligible area after September 1999 are eligible to enroll the CRP acres and additional non-cropped acres for permanent easements if the CRP acres and non-cropped acres meet all other eligibility requirements and if appropriate IDNR staff has determined the acceptability of the CRP acres and non-cropped acres for a permanent easement.

e)     Landowners with acres enrolled in CRP sign-ups within the floodplain in the CREP eligible area are eligible to enroll the CRP acres and additional non-cropped acres for permanent easements if required for a Federal and/or State watershed project, if the CRP acres and non-cropped acres meet all other eligibility requirements, and if appropriate IDNR staff has determined the acceptability of the CRP acres and non-cropped acres for a permanent easement.

(Source:  Amended at 25 Ill. Reg. 13600, effective October 9, 2001)