Section 4140.7  Definitions

 

a)         The following definitions set forth in Section 2 of the "Illinois Historic Preservation Act" will apply throughout this Part:

 

"Council" means the Illinois Historic Sites Advisory Council

 

"Department" means the Illinois Department of Natural Resources

 

"Director" means the Director of Natural Resources

 

"Critical Historic Feature" means those physical and environmental components which taken singly or together, make a place eligible for designation as a Registered Illinois Historic Place

 

"Place" means (1) any parcel or contiguous grouping of parcels of real estate under common or related ownership or control, where any significant improvements are at least 40 years old, or (2) any aboriginal mound, fort, earthwork, village, location, burial ground, historic or prehistoric ruin, mine case or other location which is or may be the source of important archeological data

 

"Registered Illinois Historic Place" means any place listed on the "Illinois Register of Historic Places" pursuant to Section 6 of this Act

 

"Person" means any natural person, partnership, corporation, trust, estate, association, body politic, agency, or unit of government and its legal representatives, agents, or assigns

 

b)         For the purpose of clarity, the following definitions will also apply throughout this part:

 

"Applicant" means any person who prepares an Illinois Register Application.

 

"Designation Order" means an Illinois Register Form which shall be an order signed by the Director designating the place as a Registered Illinois Historic Place.

 

"Guidelines" means the criteria adopted by the Council and made available to the public in 17 Ill. Adm. Code 330.

 

"Illinois Register Application" means an Illinois Register Form designated to provide information, including Critical Historic Features, to the Department and the Council.

 

"Nomination Order" means an Illinois Register Form completed by the Department as directed by the Council which shall be an order of the Council nominating Places to the Register and describing therein Critical Historic Features of the Place.

 

(Source:  Amended at 6 Ill. Reg. 11898, effective September 22, 1982)

 

Section 4140.10  Regulations pertaining to Nomination and Designation to the Illinois Register of Historic Places in Accordance with Section 6 of the "Illinois Historic Preservation Act"

 

a)         Any person may apply to have a place considered for nomination to the Illinois Register of Historic Places by submitting to the Department an Illinois Register Application. The Applicant identified thereon, shall be responsible for completing the Application.

 

b)         An Application which is deemed incomplete by the Department, will be returned to the Applicant with an explanation of the deficiencies which must be corrected.

 

c)         When the Illinois Register Application is completed, Department staff will prepare a proposed Nomination Order and schedule its consideration at the next appropriate Council meeting. At least 30 days prior to that meeting, notice, which lists the date, and place of the meeting where it is to be considered, and a copy of the proposed Nomination Order, will be mailed to the Applicant, the owner of record, and the presiding Officer of the county and municipal government where the Place is located. The owner and the public shall have the right to be heard and to present evidence at the Council meeting.

 

d)         The Council will accept, reject or defer the Application based upon criteria defined in 17 Ill. Adm. Code 330.  If the application is accepted, the Council will issue a Nomination Order. The Department will notify the Applicant, the owner of record and the presiding officer of the county and municipal government where the Place is located, of actions taken on the Application.

 

1)         Approved Nomination Orders will be forwarded to the Director and sent with the notices of Council action.

 

2)         Deferred Applications will be forwarded to the Applicant with an explanation of the reasons for deferral and the actions which must be taken before the Application can be reconsidered.

 

3)         Rejected Applications will be forwarded with an explanation of the criteria for reapplication as provided for in 17 Ill. Adm. Code 4140.40.

 

e)         Nomination Orders forwarded to the Director shall be made publicly available for review at least thirty (30) days before the Director takes any action designating the Place. A Place designated by the Director shall be listed in the Illinois Register of Historic Places and immediately be subject to the protection granted by the "Illinois Historic Preservation Act." The Department shall notify the Recorder of Deeds of the county or counties in which the Place is located, of its designation.

 

(Source:  Amended at 6 Ill. Reg. 11898, effective September 22, 1982)

 

Section 4140.20  Regulations Pertaining to the Amendment of an Order Designating an Illinois Registered Historic Place in accordance with Section 6 of the "Illinois Historic Preservation Act"

 

a)         Any change in the list of Critical Historic Features of a registered site must be in an amendment to the designation order.

 

b)         At least thirty (30) days prior to a regularly scheduled meeting of the Council, the Director shall make available for public review and send to the owner or owners of record any proposed amendments to the designation order.

 

c)         The Council shall advise the Director on the content of the amendment.  The owner and the public shall have the right to be heard and to present evidence at the Council meeting.

 

d)         Amendments shall become effective upon the Director's signature.

 

e)         Amendments to designation orders shall be sent to the owner or owners of record of the Registered Illinois Historic Place and to the Recorder of Deeds in the county or counties where the Place is located.

 

(Source:  Amended at 6 Ill. Reg. 11898, effective September 22, 1982)

 

Section 4140.30  Regulations Pertaining to Removal of a Place from the Illinois Register of Historic Places in Accordance with Section 10 of the "Illinois Historic Preservation Act"

 

a)         Any Person may petition the Council in writing for the removal of a Place from the Illinois Register of Historic Places by submitting to the Department the reasons why it is believed the Place is no longer eligible. The petition must include information showing conditions changed since the date of designation and the Petitioner shall be responsible for showing changes.

 

b)         At least 30 days prior to the next regularly scheduled Council meeting notice will be sent to the person who submitted the petition, the owner of record, and the presiding officer of the county and municipal government where the place is located.  This notice will include the date, and place of the meeting where the petition for removal will be considered.

 

c)         The Council shall consider the petition at a regularly scheduled meeting and may recommend removal of a Place from the Illinois Register of Historic Places if it makes a finding as set forth in Section 10 of the Act.  The owner and the public shall have the right to be heard and to present evidence at the Council meeting.

 

d)         The Director may order the removal of any Place upon the recommendation of the Council and this will be based upon criteria defined in 17 Ill. Adm. Code 330.  The Place shall lose the protection provided registered historic sites by the "Illinois Historic Preservation Act" immediately upon its removal.

 

(Source:  Amended at 6 Ill. Reg. 11898, effective September 22, 1982)

 

Section 4140.40  Regulations Pertaining to the Reconsideration of Petitions and Applications which have been Rejected in Accordance with Section 5 of the "Illinois Historic Preservation Act"

 

a)         Applications rejected by the Director or Council may be resubmitted to the Department when the following conditions are met:

 

1)         One full year has elapsed from the date of the Council's decision; and

 

2)         A completed new Illinois Register Application has been submitted; and

 

3)         New information of a significant nature has been included in the new Illinois Register Application.

 

b)         Department staff will determine if these conditions have been met.

 

(Source:  Amended at 6 Ill. Reg. 11898, effective September 22, 1982)