(740 ILCS 185/1) (from Ch. 96 1/2, par. 9401)
Sec. 1.
As used in this Act, unless the context otherwise requires, the
term:
(a) "Stumpage value" means the value of timber as it stands uncut in terms of an amount per unit of volume expressed as dollar value per board foot for that portion of a tree or timber deemed merchantable by Illinois forest products markets.
(b) "Department" means the Department of Natural Resources.
(c) "Director" means the Director of Natural Resources.
(d) "Party" means any person, partnership, firm, association, business
trust or corporation.
(e) "Protected land" means real property that is: (1) subject to a permanent conservation right |
| consistent with the Real Property Conservation Rights Act;
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(2) registered or designated as a Nature Preserve,
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| buffer or Land and Water Reserve under the Illinois Natural Areas Preservation Act;
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(3) owned by a conservation land trust meeting
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| requirements as set forth in Section 501(c) of the United States Internal Revenue Code; or
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(4) owned by a local, State, or federal agency with a
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| mission that includes the conservation of natural resources or a related function for one or more conservation purposes, but not including parkways; and
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(5) not inclusive of residential, commercial, or
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| other areas that are not subject to the aforementioned protections.
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(f) "Qualified professional forester or ecological restoration professional" means a person who holds any necessary licenses and has performed the type of remediation work necessary as part of the person's profession for greater than 30% of his or her working hours during each of the preceding 3 years.
(Source: P.A. 101-102, eff. 7-19-19.)
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(740 ILCS 185/2.5) (Text of Section before amendment by P.A. 103-620) Sec. 2.5. Trees intentionally cut or knowingly caused to be cut on protected land. Any party found to have intentionally cut or knowingly caused to be cut any standing timber or tree, other than a tree or woody plant referenced in the Illinois Exotic Weed Act, on protected land, which he or she did not have the legal right to so cut or cause to be cut, must pay 3 times stumpage value plus remediation costs to the party that owns an interest in the land, including but not limited to holding a conservation right to the land. Remediation costs include one or more of the following: (1) cleanup to remove trees, portions of trees, or |
| debris from trees cut, damaged, moved, placed, or left as a result of tree cutting from perennial drainage ways or water holding basins;
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(2) soil erosion stabilization and remediation for
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| issues that were not pre-existing;
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(3) remediation of damages to the native standing
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| trees and other native woody or herbaceous plant understory;
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(4) remediation of damages to the native tree
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| understory through coppicing, planting of potted native trees, planting of native tree seedlings as individual practices or in combination as deemed appropriate under Section 3.5 of this Act. Any work under this item (4) must be done by a qualified professional forester or ecological restoration professional;
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(5) associated exotic invasive plant species control
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| for a period of 3 years with one treatment per year on those portions of the property where trees were wrongfully cut if prior to the encroachment there had been an active and ongoing effort made to control the plants, and due to the disturbance, advantage was given to pre-existing or new exotic invasive plant growth. Exotic plant control must be done by a qualified professional forester or ecological restoration professional;
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(6) seeding of annual grass to skid trails; or
(7) staff salaries, contractor fees, and materials as
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| directly related, documented, and required to address remediation costs under this Section.
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(Source: P.A. 101-102, eff. 7-19-19.)
(Text of Section after amendment by P.A. 103-620)
Sec. 2.5. Trees intentionally cut or knowingly caused to be cut on protected land. Any party found to have intentionally cut or knowingly caused to be cut any standing timber or tree, other than a tree or woody plant referenced in the Illinois Exotic Weeds Act, on protected land, which he or she did not have the legal right to so cut or cause to be cut, must pay 3 times stumpage value plus remediation costs to the party that owns an interest in the land, including, but not limited to, holding a conservation right to the land. Remediation costs include one or more of the following:
(1) cleanup to remove trees, portions of trees, or
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| debris from trees cut, damaged, moved, placed, or left as a result of tree cutting from perennial drainage ways or water holding basins;
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(2) soil erosion stabilization and remediation for
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| issues that were not pre-existing;
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(3) remediation of damages to the native standing
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| trees and other native woody or herbaceous plant understory;
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(4) remediation of damages to the native tree
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| understory through coppicing, planting of potted native trees, planting of native tree seedlings as individual practices or in combination as deemed appropriate under Section 3.5 of this Act. Any work under this item (4) must be done by a qualified professional forester or ecological restoration professional;
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(5) associated exotic invasive plant species control
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| for a period of 3 years with one treatment per year on those portions of the property where trees were wrongfully cut if prior to the encroachment there had been an active and ongoing effort made to control the plants, and due to the disturbance, advantage was given to pre-existing or new exotic invasive plant growth. Exotic plant control must be done by a qualified professional forester or ecological restoration professional;
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(6) seeding of annual grass to skid trails; or
(7) staff salaries, contractor fees, and materials as
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| directly related, documented, and required to address remediation costs under this Section.
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(Source: P.A. 103-620, eff. 1-1-25.)
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