TITLE 17: CONSERVATION
CHAPTER I: DEPARTMENT OF NATURAL RESOURCES SUBCHAPTER a: LANDS
PART 135
OFF-HIGHWAY VEHICLE TRAILS ON PROPERTIES OWNED, LEASED OR
MANAGED BY THE DEPARTMENT OF NATURAL RESOURCES
SECTION 135.10 PURPOSE
Section 135.10 Purpose
The establishment and maintenance of recreational trails
that are open and accessible to the public is important for the promotion of
recreation and conservation within the State of Illinois. For this purpose,
the Department seeks to develop, operate, and maintain facilities on select
properties owned, leased or managed by the Department to be dedicated for use
as off-highway vehicle sites, trailside facilities and trails that are open and
accessible to the public.
 | TITLE 17: CONSERVATION
CHAPTER I: DEPARTMENT OF NATURAL RESOURCES SUBCHAPTER a: LANDS
PART 135
OFF-HIGHWAY VEHICLE TRAILS ON PROPERTIES OWNED, LEASED OR
MANAGED BY THE DEPARTMENT OF NATURAL RESOURCES
SECTION 135.20 DEFINITIONS
Section 135.20 Definitions
As used in this Part:
"All-terrain vehicle" or
"ATV" means any motorized off-highway device designed to travel
primarily off-highway, 50 inches or less in width, having a manufacturer's dry
weight of 1,500 pounds or less, traveling on 3 or more non-highway tires,
designed with a seat or saddle for operator use, and handlebars or steering
wheel for steering control, except equipment such as lawnmowers. [625 ILCS
5/1-101.8]
"Department" means
the Illinois Department of Natural Resources.
"Director" means the
Director of Natural Resources.
"Facilities" means
equipment or other man-made improvement that is directly associated with, and
provided for, a recreational trail. Typical recreational trail facilities
include signage, gates, culverts, trail bridges, railings, benches, security
cameras, security lighting, aggregate and other erosion control measures,
picnic shelters, informational kiosks, and vault toilets. [20 ILCS 862/10]
"Off-highway motorcycle"
or "OHM" means any motorized device designed to travel primarily
off-highway on 2 wheels, having a seat or saddle for the use of the operator,
upon or by which any person, persons or property may be transported or drawn.
[625 ILCS 5/1-153.1]
"Off-highway vehicle
site" or "OHV site" means a State recreational or conservation area
or other Department owned, leased, or managed property which contains
recreational trails, routes or areas dedicated primarily for use by OHVs, ATVs,
or OHMs.
"Recreational off-highway
vehicle" or "OHV" means any motorized off-highway device
designed to travel primarily off-highway, 64 inches or less in width, having a
manufacturer's dry weight of 2,000 pounds or less for gas-powered engines or
3,000 pounds or less for electric-powered engines, traveling on 4 or more
non-highway tires, designed with a non-straddle seat and a steering wheel for
steering control, except equipment such as lawnmowers. [625 ILCS 5/1-168.8]
"Recreational trail"
means a thoroughfare or track across land or snow or along water, used for
recreational purposes such as bicycling, cross-country skiing, day hiking,
equestrian activities, jogging or similar fitness activities, trail biking,
overnight and long-distance backpacking, snowmobiling, aquatic or water
activity, and vehicular travel by motorcycle or off-highway vehicles. [20
ILCS 862/10]
"Vehicle" means, for
purposes of this Part, any OHV, ATV, or OHM.
 | TITLE 17: CONSERVATION
CHAPTER I: DEPARTMENT OF NATURAL RESOURCES SUBCHAPTER a: LANDS
PART 135
OFF-HIGHWAY VEHICLE TRAILS ON PROPERTIES OWNED, LEASED OR
MANAGED BY THE DEPARTMENT OF NATURAL RESOURCES
SECTION 135.30 STATEWIDE REGULATIONS APPLICABLE
Section 135.30 Statewide Regulations Applicable
All regulations set forth in 17 Ill. Adm. Code 110 and 17
Ill. Adm. Code 130 will apply to all Department properties used for OHV sites,
unless specific regulations contained in this Part are more restrictive.
 | TITLE 17: CONSERVATION
CHAPTER I: DEPARTMENT OF NATURAL RESOURCES SUBCHAPTER a: LANDS
PART 135
OFF-HIGHWAY VEHICLE TRAILS ON PROPERTIES OWNED, LEASED OR
MANAGED BY THE DEPARTMENT OF NATURAL RESOURCES
SECTION 135.40 USE OF OHV SITE
Section 135.40 Use of OHV Site
Use of the recreational trails, routes, or areas within an
OHV site is restricted for use by OHVs, ATVs, or OHMs only. Users must comply
with the OHV site rules and all OHVs, ATVs, or OHMs must meet the standards set
forth in this Part. All operators 16 years of age or older shall have a valid
driver's license in order to operate a vehicle at an OHV site.
 | TITLE 17: CONSERVATION
CHAPTER I: DEPARTMENT OF NATURAL RESOURCES SUBCHAPTER a: LANDS
PART 135
OFF-HIGHWAY VEHICLE TRAILS ON PROPERTIES OWNED, LEASED OR
MANAGED BY THE DEPARTMENT OF NATURAL RESOURCES
SECTION 135.50 REGISTRATION
Section 135.50 Registration
a) The
owner or primary operator of a vehicle using the OHV site must register at the
site by completing the Department's Registration Form and Release of Liability
and Indemnity Agreement (Form) each time they obtain a Usage Permit. Failure
to do so is a petty offense, see 20 ILCS 862/38. The form shall include, for
all persons that may use or operate the OHV, ATV, or OHM at the site that day,
the following information:
1) name;
2) date
of birth; and
3) proof
that all the individuals listed on the form over the age of 16 are in
possession of a valid driver's license.
b) The
form shall be provided by the Department and shall be available at the site and
by electronic means. All forms must be delivered to Department before a vehicle
is allowed to be operated on the OHV site each day.
 | TITLE 17: CONSERVATION
CHAPTER I: DEPARTMENT OF NATURAL RESOURCES SUBCHAPTER a: LANDS
PART 135
OFF-HIGHWAY VEHICLE TRAILS ON PROPERTIES OWNED, LEASED OR
MANAGED BY THE DEPARTMENT OF NATURAL RESOURCES
SECTION 135.60 SEASON DATES AND HOURS OF OPERATION
Section 135.60 Season Dates
and Hours of Operation
The dates and hours of operation an OHV site will be open
for use will be determined and established by the specific OHV site and
published by the Department. Each OHV site shall publish the number of vehicles
that will be allowed to operate that day. Information required to be published
at an OHV site shall be posted at the Site and may also be published by
electronic means. No one shall operate an OHV, ATV, or OHM outside of the OHV
site posted dates and hours of operation or on non-OHV trails. No additional
OHV, ATV, or OHM will be allowed to operate on OHV trails when the published
number of vehicles that will be allowed to operate that day has been admitted.
 | TITLE 17: CONSERVATION
CHAPTER I: DEPARTMENT OF NATURAL RESOURCES SUBCHAPTER a: LANDS
PART 135
OFF-HIGHWAY VEHICLE TRAILS ON PROPERTIES OWNED, LEASED OR
MANAGED BY THE DEPARTMENT OF NATURAL RESOURCES
SECTION 135.70 USAGE PERMIT AND FEES
Section 135.70 Usage Permit and Fees
a) Usage
Permit
All vehicles being operated at an
OHV site must have a permit issued by the Department and attached to the
vehicle at all times while using the OHV site. The permit must be displayed on
the vehicle and be at all times visible for inspection. Permits shall be sold
by the Department and must be purchased at the OHV site. Permits may not be
transferred between vehicles.
b) The
fee for a one-day permit is $20.00 per vehicle. Each
one-day permit is valid only for the day that appears on the permit, for the vehicle
the permit was purchased for, and only during the OHV site hours of operation.
c) The
fee for a four-day permit is $65.00 per vehicle. Each four-day permit is valid
only for the days listed on the permit, for the vehicle that the permit was
purchased for, and only during the OHV site hours of operation for the days
listed on the permit.
d) All
permit fees are nonrefundable, including, but not limited to, site closure due
to weather or dangerous conditions.
 | TITLE 17: CONSERVATION
CHAPTER I: DEPARTMENT OF NATURAL RESOURCES SUBCHAPTER a: LANDS
PART 135
OFF-HIGHWAY VEHICLE TRAILS ON PROPERTIES OWNED, LEASED OR
MANAGED BY THE DEPARTMENT OF NATURAL RESOURCES
SECTION 135.80 OHV SITE RULES
Section 135.80 OHV Site
Rules
a) Trail
Usage
1) Right-of-Way.
Vehicles traveling uphill shall have the right-of-way and all other vehicles
shall move to the right side of the trail to make way.
2) Pedestrians.
Pedestrian traffic is not permitted on OHV trails.
3) Stopping,
Standing or Parking on OHV Trails. No person shall stop, park or leave
standing any vehicle, whether attended or unattended, upon any OHV trail when
it is practicable to stop, park or so leave such vehicle off the OHV trail, but
in every event an unobstructed width of the OHV trail opposite a standing
vehicle shall be left for the free passage of other vehicles and a clear view
of such stopped vehicle shall be available from as much of a distance is
possible from the location of the standing vehicle.
4) Speed
limits for vehicles using the OHV trails shall be posted by the Department and
must be obeyed at all times.
b) Vehicle
travel is only allowed on designated trails and may not be operated on any
other road, trail or location on Department owned, leased, or managed lands. No
vehicle shall be operated in a such a manner as to damage any natural feature
or property. Creation of new trails is prohibited unless specifically
authorized by the Department.
c) United
States Department of Transportation or ASNI Z90.1 approved safety helmets are
required for all operators and passengers in designated riding areas unless the
vehicle is equipped with a fully enclosed metal cab or roll bar protection and
seatbelts.
d) Passengers
are only allowed on vehicles which are designed by the manufacturer to carry a
passenger. Passengers may only be allowed to ride on a vehicle pursuant to
vehicle manufacturer's specifications. No passenger is allowed to ride in a
vehicle cargo area.
e) All
persons located at an OHV site must comply with all posted signs.
f) All
vehicles operating at an OHV site must have working brakes.
g) All
vehicles and trailers must be parked in designated parking areas and may not be
left unattended at any other location at the site.
h) Vehicles
or hauling equipment that is left on Department owned, managed or leased land
for more than 24 hours without the permission of the Department may be towed at
the owner's expense. The Department is not responsible for providing towing or
hauling services for any vehicle using OHV trails. Any damage done to
Department property during the towing or hauling of any vehicle shall be paid
by the owner of the OHV, ATV or OHM.
i) No
vehicle shall be operated at an OHV site that exceeds a sound level of 96
decibels. Such sound restrictions include, but are not limited to, vehicle
exhaust systems, stereo speakers or any item or attachment to a vehicle. Any
vehicle which is on Department owned property is subject to sound level testing
upon the request of the Department.
j) All
OHVs and ATVs must be equipped with a flexible mast of no shorter than 72
inches in length with an orange flag attached to the top of the mast. The
orange flag must measure at least 72 square inches.
k) Any
vehicle which is inoperable must be removed from the trail and riding area by
the operator and properly parked at a designated parking area. The operator of
any such vehicle must have permission of the Site Superintendent or Site Staff
to leave the vehicle in the parking area overnight due to an inoperable or
damaged condition.
l) Any
person who violates any provision of this Part or Illinois law shall be subject
to arrest and/or removal from the premises where the violation occurred. Such
removal shall be in compliance with 17 Ill. Adm. Code 2530 Subpart H.
m) Anyone
who is arrested at an OHV site, removed from an OHV site, or cited for a
violation of this Part or any law of the State while at an OHV site and who has
paid a permit fee shall not receive a refund of such fee.
 | TITLE 17: CONSERVATION
CHAPTER I: DEPARTMENT OF NATURAL RESOURCES SUBCHAPTER a: LANDS
PART 135
OFF-HIGHWAY VEHICLE TRAILS ON PROPERTIES OWNED, LEASED OR
MANAGED BY THE DEPARTMENT OF NATURAL RESOURCES
SECTION 135.90 SAFETY REQUIREMENTS
Section 135.90 Safety Requirements
a) Restrictions
for Vehicle Operators Under the Age of 18 on General Access Trails
1) Operators
age 16-17 must have a valid driver's license and a signed waiver from a parent
or legal guardian delivered to the Department before operating a vehicle on an
OHV Site.
2) Operators
under the age 16 must have a signed waiver from a
parent or legal guardian and be under direct supervision of a person over
the age of 18 with a valid driver's license.
3) Any
other site restrictions shall be posted at the site's webpage and shall be
posted at the entrance of the OHV site. All such postings shall be obeyed at
all times.
4) For
purposes of this Section, direct supervision means being able to communicate
with the minor child and being within line-of-sight at all times in order to
prevent or stop unsafe behavior, unsafe operation, or to warn of dangerous
conditions.
b) Restrictions
for Vehicle Operators on Youth Trails
Access to youth trails shall be
limited to only those operators under the age of 16 and their accompanying
supervisor who shall be over the age of 18. There shall be one supervising
person over the age of 18 per youth operated vehicle. Such supervisor may be
located in a separate vehicle, but in no instance shall there be more than one
supervising vehicle per youth operated vehicle.
c) Operation
with Passengers
1) Number
of passengers cannot exceed manufacturer's recommended capacity and the number
of restraints designed and installed for the vehicle.
2) For
an ATV or OHM, the passenger must be seated behind the operator and have the
ability to securely hold on to the passenger handles or operator.
3) For
an OHV, a passenger must be able to place both feet flat on the floorboards
with their back resting against the seat back.
d) OHV
Requirements
1) The
OHV must be equipped with a roll-over protection system (ROPS) installed by the
manufacturer.
2) The
OHV must be equipped with manufacturer seat belts or equivalent that are in
good working order.
3) Passengers
must wear seat belts at all times and must keep feet and hands inside of the
vehicle while the vehicle is in motion.
4) The
OHV cannot be wider than 64 inches.
e) All
OHVs, ATVs, and OHMs must have properly functioning spark arrestors and
mufflers. Any ATV, OHV, or OHM which does not meet the requirements of this
Part shall be prohibited from entering or remaining upon OHV trails.
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