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CONSERVATION
(525 ILCS 10/) Illinois Exotic Weed Act.

525 ILCS 10/1

    (525 ILCS 10/1) (from Ch. 5, par. 931)
    (Text of Section before amendment by P.A. 103-620)
    Sec. 1. Short title. This Act shall be known and may be cited as the Illinois Exotic Weed Act.
(Source: P.A. 85-150.)
 
    (Text of Section after amendment by P.A. 103-620)
    Sec. 1. Short title. This Act shall be known and may be cited as the Illinois Exotic Weeds Act.
(Source: P.A. 103-620, eff. 1-1-25.)

525 ILCS 10/2

    (525 ILCS 10/2) (from Ch. 5, par. 932)
    (Text of Section before amendment by P.A. 103-620)
    Sec. 2. Definition. Exotic weeds are plants not native to North America which, when planted either spread vegetatively or naturalize and degrade natural communities, reduce the value of fish and wildlife habitat, or threaten an Illinois endangered or threatened species.
(Source: P.A. 85-150.)
 
    (Text of Section after amendment by P.A. 103-620)
    Sec. 2. Definition. In this Act:
    "Department" means the Department of Natural Resources.
    "Exotic weeds" means plants not native to North America which, when planted either spread vegetatively or naturalize and degrade natural communities, reduce the value of fish and wildlife habitat, or threaten an Illinois endangered or threatened species.
(Source: P.A. 103-620, eff. 1-1-25.)

525 ILCS 10/3

    (525 ILCS 10/3) (from Ch. 5, par. 933)
    (Text of Section before amendment by P.A. 103-620)
    Sec. 3. Designated exotic weeds. Japanese honeysuckle (Lonicera japonica), multiflora rose (Rosa multiflora), purple loosestrife (Lythrum salicaria), common buckthorn (Rhamnus cathartica), glossy buckthorn (Rhamnus frangula), saw-toothed buckthorn (Rhamnus arguta), dahurian buckthorn (Rhamnus davurica), Japanese buckthorn (Rhamnus japonica), Chinese buckthorn (Rhamnus utilis), kudzu (Pueraria lobata), exotic bush honeysuckles (Lonicera maackii, Lonicera tatarica, Lonicera morrowii, and Lonicera fragrantissima), exotic olives (Elaeagnus umbellata, Elaeagnus pungens, Elaeagnus angustifolia), salt cedar (all members of the Tamarix genus), poison hemlock (Conium maculatum), giant hogweed (Heracleum mantegazzianum), Oriental bittersweet (Celastrus orbiculatus), and lesser celandine (Ficaria verna), teasel (all members of the Dipsacus genus), and Japanese, giant, and Bohemian knotweed (Fallopia japonica, syn. Polygonum cuspidatum; Fallopia sachalinensis; and Fallopia x bohemica, resp.) are hereby designated exotic weeds. Upon petition the Director of Natural Resources, by rule, shall exempt varieties of any species listed in this Act that can be demonstrated by published or current research not to be an exotic weed as defined in Section 2.
(Source: P.A. 99-81, eff. 1-1-16.)
 
    (Text of Section after amendment by P.A. 103-620)
    Sec. 3. Designation of exotic weeds. The Department shall determine the plants that are exotic weeds for the purposes of this Act and shall compile and keep current a list of such exotic weeds, which list shall be published and incorporated in the rules of the Department. The Department, by rule, shall exempt varieties of any species listed in the rule that can be demonstrated by published or current research not to be an exotic weed as defined in Section 2. The Department shall consult with the Department of Agriculture before adding or removing any plant from the exotic weed list by administrative rule. The Department may also consult with any group serving interests in agriculture, industry, conservation, ecology, or management regarding exotic weeds.
(Source: P.A. 103-620, eff. 1-1-25.)

525 ILCS 10/4

    (525 ILCS 10/4) (from Ch. 5, par. 934)
    (Text of Section before amendment by P.A. 103-620)
    Sec. 4. Control of exotic weeds.
    (a) It shall be unlawful for any person, corporation, political subdivision, agency or department of the State to buy, sell, offer for sale, distribute or plant seeds, plants or plant parts of exotic weeds without a permit issued by the Department of Natural Resources. Such permits shall be issued only:
        (1) for experiments into controlling and eradicating
    
exotic weeds;
        (2) for research to demonstrate that a variety of a
    
species listed in this Act is not an exotic weed as defined in Section 2; or
        (3) for the use of exotic olive (Elaeagnus umbellata,
    
Elaeagnus pungens, Elaeagnus angustifolia) berries in the manufacture of value added products, not to include the resale of whole berries or seeds. The exotic berry permit holder must register annually with the Department of Natural Resources and be able to demonstrate to the Department that seeds remaining post-manufacture are sterile or otherwise unviable.
    (b) The commercial propagation of exotic weeds for sale outside Illinois, certified under the Insect Pest and Plant Disease Act, is exempted from the provisions of this Section.
    (c) The Department of Natural Resources may adopt rules for the administration of this Section.
    (d) Notwithstanding any other provisions in this Section for the control of exotic weeds, a municipality may adopt an ordinance to eradicate common buckthorn (Rhamnus cathartica), glossy buckthorn (Rhamnus frangula), saw-toothed buckthorn (Rhamnus arguta), dahurian buckthorn (Rhamnus davurica), Japanese buckthorn (Rhamnus japonica), and Chinese buckthorn (Rhamnus utilis) on all public and private property within its geographic boundaries.
(Source: P.A. 102-840, eff. 1-1-23.)
 
    (Text of Section after amendment by P.A. 103-620)
    Sec. 4. Control of exotic weeds.
    (a) It shall be unlawful for any person, corporation, political subdivision, agency or department of the State to buy, sell, offer for sale, distribute, or plant seeds, plants, or plant parts of exotic weeds without a permit issued by the Department. Such permits may be issued by the Department pursuant to administrative rule.
    (b) The commercial propagation of exotic weeds for sale outside Illinois, certified under the Insect Pest and Plant Disease Act, is exempted from the provisions of this Section.
    (c) The Department may adopt rules for the administration of this Act.
    (d) Notwithstanding any other provisions in this Section, to control exotic weeds, a municipality may adopt an ordinance to eradicate on all public and private property within its geographic boundaries the exotic weeds listed in the rules of the Department.
(Source: P.A. 102-840, eff. 1-1-23; 103-620, eff. 1-1-25.)

525 ILCS 10/5

    (525 ILCS 10/5) (from Ch. 5, par. 935)
    (Text of Section before amendment by P.A. 103-620)
    Sec. 5. Penalty. Violators of this Act shall be guilty of a Class B misdemeanor. When the violation is a continuing offense, each day shall be considered a separate violation.
    Exotic weeds offered for sale in Illinois except as provided in Section 4 are subject to confiscation and destruction by agents of the Department of Natural Resources.
(Source: P.A. 89-445, eff. 2-7-96.)
 
    (Text of Section after amendment by P.A. 103-620)
    Sec. 5. Penalty. Violators of this Act shall be guilty of a Class B misdemeanor. When the violation is a continuing offense, each day shall be considered a separate violation.
    Exotic weeds offered for sale in Illinois except as provided in Section 4 are subject to confiscation and destruction by agents of the Department.
(Source: P.A. 103-620, eff. 1-1-25.)