(505 ILCS 75/1) (from Ch. 5, par. 1301)
Sec. 1.
Short Title.
This Act shall be known and may be cited as the
"Farmland Preservation Act."
(Source: P.A. 82-945.)
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(505 ILCS 75/2) (from Ch. 5, par. 1302)
Sec. 2.
Legislative Findings and Intent.
The natural resources of Illinois
- land, minerals, water, and air - are both finite and fragile. In the
absence of wise use and consistent management practices, these resources
are threatened by irreversible damage or loss. Protection of the State's
natural resources is essential to guard the public health, safety, and welfare,
and to assure an adequate natural resource supply and quality for use and
enjoyment by future generations.
Since World War II, the amount of Illinois land dedicated to agriculture
has steadily declined at an average rate of approximately 100,000 acres
per year. This substantial loss of farmlands is the equivalent of eight
average-sized Illinois counties. If this trend continues, the State will
lose the equivalent of another five or six counties by the end of the century.
The conversion and loss of agricultural land has diminished Illinois' cropland
base and affects environmental quality. The supply of land most suitable
for farming is finite. Conversion of this land to urban development and
other non-farm uses reduces future food production capability and may ultimately
undermine agriculture as a major economic activity in Illinois. With less
prime farmland available there will tend to be greater reliance on marginally
productive land, resulting in greater soil erosion, increased fertilizer
requirements and increased environmental damage. Loss of agricultural land
can also reduce the beneficial role which the land itself can play. Agricultural
land reduces runoff by absorbing precipitation, aids in replenishing groundwater
supplies and can buffer environmentally sensitive areas from encroaching development.
The importance of preserving our agricultural land base has been recognized
by the Illinois Rural Planning Council, the Task Force on the Future of
Illinois, and in the State's "Comprehensive Growth and Resource Conservation
Policies." Each of these efforts recommends that the State minimize the
conversion of prime farmland that results from the direct or indirect effects
of State programs and also encourages the achievement of related goals,
such as reducing the loss of soil through erosion.
(Source: P.A. 82-945.)
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(505 ILCS 75/3) (from Ch. 5, par. 1303)
Sec. 3. An Inter-Agency Committee on Farmland Preservation is created.
The Directors or Chairpersons of the following agencies, or their
representatives, shall serve as members of the Committee:
(a) the Capital Development Board;
(b) the Department of Natural Resources;
(c) the Department of Commerce and
Economic Opportunity;
(d) the Environmental Protection Agency;
(e) the Department of Transportation;
(f) the
Governor's Office of Management and Budget;
(g) the Illinois Commerce Commission; and
(h) the Department of Agriculture.
The Director of the Department of Agriculture, or his representative, shall
serve as chairman.
(Source: P.A. 94-793, eff. 5-19-06.)
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(505 ILCS 75/4) (from Ch. 5, par. 1304)
Sec. 4.
The Inter-Agency Committee on Farmland Preservation shall prepare
policy statements and working agreements for each of the agencies named
in Section 3 of this Act
specifying the policy of that agency toward farmland preservation and the
administrative process used to implement that policy. The policy statements
and working agreements shall be prepared as rules for the administration
of the program. The policy statement
shall include, but not be limited to, an analysis of the impact of agricultural
land conversions attributed to the agency's programs, regulations, procedures
and operations. The policy statement shall also detail measures that can
be implemented to mitigate conversions to the maximum extent practicable.
The State Agency policy statements and working agreements on farmland preservation
shall be submitted to the Governor and the General Assembly and shall be
updated by the State agency, and reviewed and approved by the Department
of Agriculture, every 3 years. State agency policy statements and working
agreements prepared in response to Executive Order Number 4 on the Preservation
of Farmland and submitted to the Governor shall remain in effect upon this
Act becoming law.
(Source: P.A. 82-945.)
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(505 ILCS 75/5) (from Ch. 5, par. 1305)
Sec. 5.
Except as provided in the working agreement between the Director
of Agriculture and each State agency listed in Section 3 of this Act, when
any State agency participates in a State funded capital
project which will lead to conversion of farmland to nonagricultural purposes,
the agency shall deliver written notification of the project to the Director
of the Department of Agriculture.
The Director of Agriculture shall determine whether the project is in compliance
with the agency's policy statements and working agreements on farmland preservation
and shall conduct a study of the agricultural impacts if the project is
not in compliance.
No agency may commit State funds for land acquisition or construction unless
it is provided for in an exception contained in that agency's working agreement
or until the study of agricultural impacts has been completed by the Department
of Agriculture.
If the Director of Agriculture determines that a study of the agricultural impacts
is necessary, the Department of Agriculture shall complete the study within
30 days of written notification by a State agency that it is considering
a project which will result in conversion of farmland to a nonagricultural
purpose. If the study is not completed within 30 days that agency may proceed
with its intended action without the benefit of the study.
A copy of any study of agricultural impacts made pursuant to this Section
shall be submitted to the Governor,
to the President and Minority Leader of the Senate and the Speaker and Minority
Leader of the House of Representatives, to the Director of each State agency
participating in the project, and to each member of the Inter-Agency Committee
on Farmland Preservation.
(Source: P.A. 82-945.)
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(505 ILCS 75/6) (from Ch. 5, par. 1306)
Sec. 6.
The Department of Agriculture shall administer this Act and
report annually to the Governor and to the General Assembly the amount of
farmland converted to nonagricultural uses as a result of State action.
The Department may seek the assistance and cooperation of other agencies
of State government in compiling the data for this report.
The Department shall formulate rules and regulations for the implementation
of this Act.
(Source: P.A. 82-945.)
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(505 ILCS 75/7) (from Ch. 5, par. 1307)
Sec. 7.
This Act shall not apply to those projects for which, on the
effective date of this Act, (a) a final public hearing has been held or
(b) design approval has been given by the responsible State agency or by
the federal agency which is providing all or part of the project funds.
(Source: P.A. 82-945.)
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(505 ILCS 75/8) (from Ch. 5, par. 1308)
Sec. 8.
This Act shall take effect upon becoming law.
(Source: P.A. 82-945.)
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