TITLE 17: CONSERVATION
CHAPTER V: NATURE PRESERVES COMMISSION
PART 4010
REGISTER OF LAND AND WATER RESERVES
SECTION 4010.110 DEFINITIONS
Section 4010.110 Definitions
As used in this Part, the
following terms have the meanings indicated, except where context requires
otherwise:
"Commission"
means the Illinois Nature Preserves Commission.
"Department"
means the Illinois Department of Natural Resources.
"Illinois
Natural Areas Inventory" is a comprehensive list of natural areas of
statewide significance as defined in the Illinois Natural Areas Inventory -
Technical Report (White, 1978). The Illinois Natural Areas Inventory is
maintained by the Department.
"Natural heritage
resource" is a community of wild plants and animals, a population of a
species of plant or animal, or a physical feature which was present as part of
the Illinois landscape prior to settlement by immigrants from Europe and is now
rare, declining, or less abundant than formerly.
"Register
of Land and Water Reserves (or register)" is a list of areas registered in
accordance with the Illinois Natural Areas Preservation Act (Ill. Rev. Stat.
1991, ch. 105, par. 701 et seq.) [525 ILCS 30], together with records
concerning them.
"Registration
agreement" is a legal instrument that conveys conservation rights
consistent with the provisions of the Real Property Conservation Rights Act
(Ill. Rev. Stat. 1991, ch. 30, par. 400 et seq.) [765 ILCS 120].
 | TITLE 17: CONSERVATION
CHAPTER V: NATURE PRESERVES COMMISSION
PART 4010
REGISTER OF LAND AND WATER RESERVES
SECTION 4010.120 THE REGISTER OF LAND AND WATER RESERVES
Section 4010.120 The
Register of Land and Water Reserves
The Register of Land and Water
Reserves constitutes a land and water protection program wherein lands and
waters supporting significant natural heritage resources or archaeological
resources are recognized and provided protection and management pursuant to
this Part commensurate with the interest of the public in their long term
protection and stewardship. Registered areas may be in public or private
ownership. The registration may be either donative or for a consideration.
| TITLE 17: CONSERVATION
CHAPTER V: NATURE PRESERVES COMMISSION
PART 4010
REGISTER OF LAND AND WATER RESERVES
SECTION 4010.130 THE REGISTRATION AGREEMENT
Section 4010.130 The
Registration Agreement
a) The provisions of the registration agreement shall be as
required by the Real Property Conservation Rights Act. It may recognize
pre-existing encumbrances upon the property and may otherwise be in a form
approved by the Commission and the Department.
b) The registration agreement shall be executed by the landowner,
the Commission, and the Director of the Department.
c) The registration agreement shall provide specifically for the
maintenance of significant natural features and associated ecological processes
on the registered area and for conformity to this Part. The registration
agreement shall contain by reference a management program as provided in
Section 4010.220.
d) The registration agreement shall provide representatives of
the Department and Commission reasonable access to the registered property.
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CHAPTER V: NATURE PRESERVES COMMISSION
PART 4010
REGISTER OF LAND AND WATER RESERVES
SECTION 4010.140 THE REGISTRATION PROCESS
Section 4010.140 The
Registration Process
a) A proposed registration agreement is first executed by the
landowner. It is then presented to the Commission with a statement of the
natural heritage or archaeological significance of the property and citation of
specific provisions of this Part under which the property qualifies for
registration.
b) The Commission shall determine at a meeting if the area
qualifies for the Register of Land and Water Reserves, based on its intrinsic
ecological or archaeological values and if the registration agreement, including
any referenced management program, is consistent with the purposes of the
Illinois Natural Areas Preservation Act. If the Commission determines the area
qualifies for the register, it shall approve by resolution the registration and
sign the registration agreement and present it to the Director of the
Department. If the Commission rejects the agreement, the Commission shall
provide the landowner a written explanation of why the area was rejected.
c) Upon receipt of a registration agreement signed by the
landowner and the Commission, the Director of the Department shall execute or
reject it. If the Director rejects the agreement, the Department shall provide
the landowner a written explanation of why the area was rejected. The
Department shall cause an executed registration agreement to be recorded by the
Registrar of Titles or the County Recorder of the county in which the property
is located and filed with the State Archives.
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CHAPTER V: NATURE PRESERVES COMMISSION
PART 4010
REGISTER OF LAND AND WATER RESERVES
SECTION 4010.150 ELIGIBLE LANDS AND WATERS
Section 4010.150 Eligible
Lands and Waters
a) Eligibility of lands and waters for registration is determined
by the Commission. Only land supporting natural heritage resources or
archaeological resources of statewide significance shall be considered for
eligibility. Developed, cultivated, or landscaped land does not qualify unless
it has been committed to a program of restoration management designed to return
the land to a condition supporting significant natural heritage resources.
b) Lands and waters eligible for registration include the
following:
1) lands and waters included on the Illinois Natural Areas
Inventory, specifically:
Category I
areas – high quality remnants of the original natural communities of Illinois
Category II
areas – habitats of State listed endangered species of animals or plants
Category III
areas – relic species habitat
Category IV
areas – outstanding representatives of Illinois' geologic diversity
Category V
areas – restorations of the original natural communities of Illinois or
relocated populations of endangered or threatened species of animals or plants
Category VI
areas – lands or waters supporting unusual concentrations of wildlife and other
unique natural areas
Category VII areas – outstanding streams, rivers, and lakes;
2) habitats of State listed threatened species of animals or
plants;
3) forests at least 100 acres in size that support breeding
populations of area sensitive forest wildlife species;
4) grasslands at least 80 acres in size that support breeding
populations of area sensitive grassland wildlife species;
5) wetlands at least 50 acres in size or an area that includes
several wetlands totalling 50 acres in size;
6) degraded but restorable prairies at least 20 acres in size (or
equivalent to Grade "C" under the Illinois Natural Areas Inventory
grading criteria);
7) segments of degraded but restorable railroad prairie at least
1 mile in length (or equivalent to Grade "C" under Illinois Natural
Areas Inventory grading criteria);
8) areas supporting unusual concentrations of wildlife such as
nesting colonies; hibernating colonies; and migration stopover, feeding, and
rest sites;
9) restorations of natural communities of plants and animals that
existed in Illinois at the time of settlement by immigrants from Europe for
which no high quality examples are known to be extant within the region;
10) areas supporting significant archaeological resources; and
11) other areas determined by the Commission and Department to be
appropriate to register as land and water reserves.
c) Public entities are encouraged to dedicate as Illinois Nature
Preserves lands and waters that are classified as Category I areas - high
quality remnants of the original natural communities of Illinois. Registration
of Category I areas is allowed only upon unanimous approval of the members
present at a meeting of the Commission.
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CHAPTER V: NATURE PRESERVES COMMISSION
PART 4010
REGISTER OF LAND AND WATER RESERVES
SECTION 4010.160 ADMINISTRATION AND CUSTODY
Section 4010.160
Administration and Custody
Custody, management, and legal
responsibility for a registered land and water reserve remains with the
landowner. The landowner shall notify the Department of any delegation of
administration or management of the registered area to another person or conveyance
of the area to another owner. Representatives of the Department and Commission
shall be allowed access to inspect a registered area upon reasonable notice to
the landowner.
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CHAPTER V: NATURE PRESERVES COMMISSION
PART 4010
REGISTER OF LAND AND WATER RESERVES
SECTION 4010.170 REPORTS
Section 4010.170 Reports
On or before August 31 of each
year ending in 5 or 0, the landowner, or a person designated by the landowner,
shall submit to the Department a report on the condition of the registered area
and on management activities undertaken on the area and identifying any other
significant changes or alterations of the landscape and natural conditions on
the area. The report shall identify current management needs. The format of
the report shall be as determined by the Department. Upon written request of
the landowner, the Department shall prepare the report for a registered area if
the landowner does not have a professional land management staff.
SUBPART B: MANAGEMENT AND USE
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CHAPTER V: NATURE PRESERVES COMMISSION
PART 4010
REGISTER OF LAND AND WATER RESERVES
SECTION 4010.210 APPLICABILITY OF THE RULES
Section 4010.210
Applicability of the Rules
The registration agreement shall
be the prevailing authority with respect to allowable use and management of a
registered land and water reserve. A management program, as provided for in
Section 4010.220, may allow for deviations from this Part if the deviations do
not threaten the natural features or natural quality of the area. Deviations
necessary to accommodate existing legal encumbrances on the property may also
be allowed.
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CHAPTER V: NATURE PRESERVES COMMISSION
PART 4010
REGISTER OF LAND AND WATER RESERVES
SECTION 4010.220 THE MANAGEMENT PROGRAM
Section 4010.220 The
Management Program
a) A registered area shall have a management program which shall
be prepared and adopted at the time the area is registered. The management
program shall be adopted and included by reference in the registration
agreement. The management program must be prepared by the landowner. The
Commission and Department will assist in preparing the program at the
landowner's request. The management program is subject to approval of the
owner, Commission, and Department. Revisions to the management program are
subject to approval of the owner, Commission, and Department except that
revisions to the multi-year schedule of specific management are subject to
approval of the owner and Commission.
b) The management program shall state the preservation,
restoration, and management goals and objectives specific to the registered
area.
c) The management program shall include a multi-year schedule of
specific management activities to be undertaken on the area in order to
implement the other components of the management program.
d) The management program shall include a vicinity map locating
the area and a detailed map showing features of the area.
e) The management program shall emphasize preservation and
enhancement of the natural heritage resources that qualified the property for
inclusion on the register.
f) The format of the statement of preservation, restoration, and
management goals and objectives and the management schedule and map shall be
the same as for a master plan for dedicated nature preserves as provided in Section
4000.150.
g) Requests for approval of specific management activities
pursuant to Section 4010.270 will be considered in the context of the
management program.
h) The management program may include a wildlife management plan,
fisheries management plan, or forest management plan provided that the plans
are consistent with the Illinois Natural Areas Preservation Act as determined
by the Commission.
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CHAPTER V: NATURE PRESERVES COMMISSION
PART 4010
REGISTER OF LAND AND WATER RESERVES
SECTION 4010.230 ALLOWABLE MANAGEMENT
Section 4010.230 Allowable
Management
a) Management activities allowed on Illinois Nature Preserves
under the Rules for Management of Illinois Nature Preserves, 17 Ill. Adm. Code
4000.415 through 4000.475, are allowed on registered land and water reserves.
b) Management that benefits or enhances populations of federally
or State listed threatened or endangered species or that restores the quality
or extent of natural communities present on registered areas through the
removal of exotic species (species that are not native to Illinois) or invasive
species (native species that, in the absence of natural disturbance regimes,
multiply to a point where they threaten the persistence of the managed native
species) and promotion of conservative species (native species with highly
specific habitat requirements, species limited in their occurrence to high
quality natural communities, or species requiring large tracts of habitat to
successfully reproduce) is allowed if not specifically prohibited in Section
4010.240.
c) Management for the purpose of restoring to natural conditions
areas that have been historically farmed, landscaped, paved, graded, grazed,
drained, or otherwise substantially disturbed by human activity is allowed if
the restoration does not jeopardize federally or State listed threatened or
endangered species.
d) Management may be undertaken on a registered natural area only
by or under direction of, or with the permission of, the landowner.
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CHAPTER V: NATURE PRESERVES COMMISSION
PART 4010
REGISTER OF LAND AND WATER RESERVES
SECTION 4010.240 PROHIBITED MANAGEMENT
Section 4010.240 Prohibited
Management
a) Plowing, cultivating, paving, or grading of areas supporting
natural vegetation or a natural community (a plant and animal assemblage that
existed in Illinois at the time of settlement by immigrants from Europe) is
prohibited in registered land and water reserves.
b) Altering of natural water levels is prohibited in registered
areas. Water levels which have been artificially altered may be changed if
such change is identified in the management program as being essential for the
maintenance and restoration of natural or desired conditions.
c) Species-specific management in favor of common species (a
native species of animal or plant with very general habitat requirements that
occurs in a broad range of disturbed and undisturbed habitats) is prohibited unless
part of a wildlife management plan or as part of the management program, if it
does not include activities prohibited in subsection (a) or (b) above, or
Section 4010.260(a).
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CHAPTER V: NATURE PRESERVES COMMISSION
PART 4010
REGISTER OF LAND AND WATER RESERVES
SECTION 4010.250 ALLOWABLE USES
Section 4010.250 Allowable
Uses
a) Uses allowable on registered land and water reserves include
hiking, bird watching, nature observation and study, scientific research,
canoeing, hunting, trapping, fishing, and photography. Other activities
determined by the Commission to be consistent with the Illinois Natural Areas
Preservation Act may also be allowed.
b) Picnicking and primitive camping may be allowed in designated
areas if provided for in the management program or if approved pursuant to
Section 4010.270.
c) Cross-country skiing, horseback riding, and bicycling are
allowed on registered areas only on designated trails and if provided for in
the management program or if approved pursuant to Section 4010.270.
d) Operation of off-road vehicles and snowmobiles is allowed only
on pre-existing designated surfaced thoroughfares and if provided for in the
management program or if approved pursuant to Section 4010.270.
e) The landowner may close the registered area to public use or
restrict its use, including prohibition of uses allowed under this Section.
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CHAPTER V: NATURE PRESERVES COMMISSION
PART 4010
REGISTER OF LAND AND WATER RESERVES
SECTION 4010.260 PROHIBITED USES
Section 4010.260 Prohibited
Uses
a) No living or dead plant or animal materials, or inorganic
material including soils, minerals, or water, may be removed from a registered
area except as may be provided in the management program or an approved
wildlife management plan or forest management plan or for the purposes of
scientific research approved by the landowner, consistent with the management
program and in consultation with Commission staff.
b) Federally or State listed threatened or endangered species may
not be taken or otherwise harassed on registered areas, except as part of a
federal or State approved recovery program, approved research project, or
approved management program. No activity allowed as part of the management
program or an approved wildlife management plan or forest management plan may
jeopardize federally or State listed endangered or threatened species.
c) Cutting of native trees greater than 4 inches in diameter
breast height is not allowed on registered areas except for the purposes of
managing or restoring natural communities or populations of threatened or
endangered species, or as approved in the management program, or as part of a
forest management plan or a wildlife management plan established in accordance
with Section 4010.220(b), provided the plan will not jeopardize threatened or
endangered species.
d) Livestock grazing is not allowed on registered areas unless it
is provided for in the management program. Stocking rates, season, and duration
must be specified and justified in the management program.
e) Mineral exploration, mining or other mineral extraction, or
earth moving is not allowed on registered areas unless mineral rights are
excluded from the registration agreement or moving or removal of the material
is part of a restoration plan included in the management program.
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CHAPTER V: NATURE PRESERVES COMMISSION
PART 4010
REGISTER OF LAND AND WATER RESERVES
SECTION 4010.270 APPROVAL OF SPECIFIC MANAGEMENT AND USES
Section 4010.270 Approval of
Specific Management and Uses
Management and uses not
otherwise allowed by this Part may be specifically approved by the Department
and the Commission where the management or use is consistent with the
management program or for the purposes of restoring a high quality natural
community (a plant and animal assemblage that existed in Illinois at the time
of settlement by immigrants from Europe), enhancing populations of threatened
or endangered species, or enhancing the opportunity for scientific research.
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CHAPTER V: NATURE PRESERVES COMMISSION
PART 4010
REGISTER OF LAND AND WATER RESERVES
SECTION 4010.280 EMERGENCY SITUATIONS
Section 4010.280 Emergency
Situations
Actions not otherwise allowed by
this Part that are immediately necessary to prevent or alleviate injury to
persons or property may be undertaken by or under the direction and authority
of the landowner, the Department, or the Commission. The landowner and
Department shall be notified within 24 hours of action taken under this
provision.
SUBPART C: PUBLIC NOTICE AND RECORDS
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CHAPTER V: NATURE PRESERVES COMMISSION
PART 4010
REGISTER OF LAND AND WATER RESERVES
SECTION 4010.310 PUBLIC NOTICE
Section 4010.310 Public
Notice
a) The Department shall, at least biennially, publish a list of
registered land and water reserves indicating their locations and sizes.
b) Before any agency or entity of State or local government may
undertake an action that will disrupt natural vegetation or natural communities
on a registered area, there must be a finding by the Commission at a meeting
and by the Department that the action is in the public interest.
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CHAPTER V: NATURE PRESERVES COMMISSION
PART 4010
REGISTER OF LAND AND WATER RESERVES
SECTION 4010.320 RECORDING OF THE REGISTRATION AGREEMENT
Section 4010.320 Recording
of the Registration Agreement
The Department shall cause the
registration agreement to be recorded by the Registrar of Titles or the County
Recorder for the county in which the registered area is located. The recorded
registration agreement shall be filed by the Department with the State
Archives.
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