PART 4160 PUBLIC USE OF HISTORIC SITES AND PROPERTIES : Sections Listing

TITLE 17: CONSERVATION
CHAPTER VI: DEPARTMENT OF NATURAL RESOURCES
PART 4160 PUBLIC USE OF HISTORIC SITES AND PROPERTIES


AUTHORITY: Implementing and authorized by the Historic Preservation Agency Act [30 ILCS 750/1-1 et seq.].

SOURCE: Adopted at 15 Ill. Reg. 10596, effective July 5, 1991; recodified Chapter VI from the Historic Preservation Agency to the Department of Natural Resources pursuant to Executive Order #17-1, at 48 Ill. Reg. 6142.

 

Section 4160.10  Prohibited Activities

 

The following activities (Sections 4160.20 through 4160.180) are prohibited by state law and/or this rule.

 

Section 4160.20  Alcoholic Beverages - Possession, Consumption, Influence

 

a)         For any person to possess or consume or be under the influence of intoxicating beverages, including beer or wine, on any Department of Natural Resources (Department) property which is posted indicating that such possession or consumption is unlawful.

 

b)         For any person under the age of 21 to possess, consume or be under the influence of intoxicating beverages, including beer or wine, on any Department property.

 

Section 4160.30  Animals

 

a)         For any owner to allow an unleashed dog, cat, or other domesticated animal on any Department area, and for any dog, cat or other domesticated animal on any Department area to be on a leash longer than 10 feet except for dogs being trained for official police work.  Such training is allowed only if granted prior written approval by the site manager.

 

b)         For any person to bring or keep in Department property a dog or other animal subject to rabies inoculation unless in possession of proof that the animal has a current rabies inoculation.  Acceptable proof of such inoculation includes a rabies inoculation certificate or a valid dog license.

 

c)         For any person to keep a noisy, vicious, or dangerous animal or one which is disturbing to other persons, on Department properties after being instructed by site staff to remove the animal from the premises.

 

d)         For any person to ride or lead any horse in any Department area, other than designated bridle paths or equestrian areas, except that horses are permitted at special events authorized by the Department.

 

e)         For any owner of livestock to allow livestock to roam or graze on Department lands except when authorized by lease, license or agreement approved in writing by the Department.

 

f)         For any person responsible for an animal in a campground or day use area not to dispose of the animal's excrement directly into a Department garbage container with a tight fitting lid or have the excrement put into a closed water-tight bag or water-tight container with the lid closed and placed into an Agency trash container.

 

g)         For the owners of a dog, cat, or other domesticated animal to have the animal in any area designated as "NO PETS."  Such designation will be limited to beach areas, concession areas, and areas within campgrounds and picnic areas where there are large numbers of people or the presence of food or children.

 

Section 4160.40  Boats and Other Watercraft

 

a)         For any person to operate any watercraft on any Department body of water where posting prohibits such usage.  However, Department employees operating watercraft in carrying out official duties and personnel of cooperating agencies operating watercraft as authorized by the Department are exempt from boating regulations in this Section or in order to provide management actions for enhancing or saving the resource base or the safety and welfare of the using public.

 

b)         For any person to use a motor-driven boat on any body of water under the jurisdiction of the Department.

 

c)         For any boat owner to allow a boat or other watercraft to remain on any of the public recreational and fishing areas under the jurisdiction of the Department beyond December 1 of each year.

 

Section 4160.50  Abandoned Watercraft

 

It shall be unlawful for any person to abandon a watercraft on property controlled by the Department.

 

a)         Abandoned watercraft is defined as a watercraft left unattended for a single period longer than six hours on Department land or water at an area which is not authorized for boat docking.

 

b)         The Department shall have the power to remove any abandoned watercraft and store said watercraft until claimed by the owner and restitution fees of $15.00 for removal and $5.00 for each day's storage are paid.  The fees paid for removal and storage are separate from any criminal penalty and do not affect criminal prosecution.

 

Section 4160.60  Capacity of Areas

 

a)         For any person to violate the rules and regulations pertaining to posted usage capacity of campgrounds, picnic grounds, or other areas where limited facilities make it necessary to control use by persons and/or motor vehicles. Site Managers and other peace officers are authorized to close such facilities to additional persons until such time as the number of users falls below the capacity posted within the area.

 

b)         For any person to violate the posted closing period for any site except as permitted for special events or in writing by the Department

 

Section 4160.70  Camping/Campfires

 

a)         For any person to use a tent or trailer, or any other type of camping device except in designated camping areas, and persons camping in such designated areas shall obtain a camping authorization slip from authorized site personnel.

 

b)         For any person to build any fire in any area except in camp stoves provided by the Department or in charcoal or other types of metal grills which are furnished by the visitor at a specific campfire site designated by the Department.

 

Section 4160.80  Destruction of Property

 

a)         For any person to injure or remove any animal, plant or part thereof, or attempt to disturb any agricultural crop, except as otherwise provided by permit, law, regulation, or by Agency program activity under the direct supervision of an authorized employee.

 

b)         For any person to remove, take, mutilate, deface or destroy any natural or manmade property, equipment, improvement, sign or building, except as otherwise provided by permit, law, regulation, or by Department program activity under the direct supervision of an authorized employee.

 

Section 4160.90  Collection of Artifacts

 

For any person to collect or take from Department property artifacts and/or mutilate, destroy, deface, or excavate any Department archaeological site except as provided by written permit issued by the Department.

 

Section 4160.100  Group Activity

 

For organized groups of persons under the age of 18, to attend or use Department facilities without the presence of one adult per each group of 15 persons under the age of 18.  Small organized groups with 2-14 persons under the age of 18 must also be accompanied by an adult.

 

Section 4160.110  Littering

 

a)         For any person using Department facilities to discard, abandon, place, or deposit on Department properties, except in containers provided, any wire, cans, bottles, glass, paper, trash, rubbish, garbage, cardboard, wood boxes or insoluble animal or vegetable material, metal, or minerals.

 

b)         For any person to bring onto Department property any of the items listed in Subsection (a) above with the express purpose of disposing, abandoning, or leaving such materials on Department property.

 

Section 4160.120  Prohibited Fishing Areas/Cleaning of Fish

 

For any person to take fish from the waters of any Department area except in accordance with the Fish and Aquatic Life Code (515 ILCS 5/1-1), and further, any fish or parts of fish remaining from cleaning must be placed in a proper refuse container with a tight fitting lid or removed from the area upon leaving.

 

Section 4160.130  Restricted Areas and Activities

 

a)         For any person to enter or remain in any area closed to visitors.  Site Managers and peace officers are authorized to prohibit the use of such closed areas.

 

b)         For any person to operate a metal or mineral detection device on property owned or managed by the Department.

 

c)         For any person to operate a chain saw in any area which has been closed to such use.  Site Managers of the Department shall prohibit such use in any area that does not allow the collecting of firewood, has experienced illegal cutting of timber or at which the noise will disturb other site users.

 

d)         For any person to enter posted areas of archaeological importance except by designated trails and paths.

 

Section 4160.140  Soliciting/Advertising/Renting/Selling

 

a)         For any person to place signs or distribute advertising of any type on Department owned or managed property without first obtaining a written permit from the Department.

 

b)         For any person to make sales or rentals or solicit sales or rentals including placing signs or distributing advertisements on Department property without first obtaining a written permit, lease and/or license from the Department or in the case of lands managed by the Department without first obtaining a written permit, lease and/or license from the owner of the property and the written approval of the Department.

 

Section 4160.150  Swimming/Wading

 

For any person to swim/wade or bodily enter into the water on any Department property. The exceptions to this rule include only the following:

 

a)         areas designated by posting as allowing swimming.  Where lifeguards are not posted, no person under 17 years of age may swim or be on the beach without supervision of a parent, guardian, or responsible adult, or

 

b)         areas where Department employed lifeguard is on duty, or areas posted for other uses, such as waterfowl hunting, water skiing, wading angling, or scuba diving.

 

Section 4160.160  Vehicles

 

a)         For any person to operate any motor vehicle on roadways posted as prohibiting such use except that Site Managers shall, if it is to the Department's benefit, grant written permission to individuals or contractors to operate vehicles on such posted roadways. These exceptions will include, but not be limited to, access by lessees to leased property or adjacent private property; access by contractors to the contract work site(s); and access by volunteers to project or program areas which assist the site.

 

1)         For any person to operate a snowmobile in any area other than on posted trails except that Site Managers shall, if it is to the Department's benefit, grant written permission to individuals to operate snowmobiles on other than posted trails.  These exceptions will include, but not be limited to, access by lessees to leased property or adjacent private property; access by contractors to the contract work site(s); and access by volunteers to project or program areas which assist the site.

 

2)         For any person to operate any motor driven bicycle, mini-bike, motorcycle, or off-road vehicle unless it is on a roadway designated for vehicular use or on a designated area established by the Department for off-road vehicular use, except that Site Managers may, if it is to the Department's benefit, grant written exceptions.  These exceptions will include, but not be limited to, access by lessees to leased property or adjacent private property; access by contractors to the contract work site(s); and access by volunteers to project or program areas which assist the site.

 

b)         To exceed a speed of 20 M.P.H. on any paved, concrete, asphalt, or other all-weather roadway unless it is otherwise posted or to exceed 10 M.P.H. on any unpaved, gravel, or dirt roadway or in any parking area unless otherwise posted.

 

c)         For any person to park a motor vehicle in any prohibited area which is posted, or to park a vehicle in any area for the purpose of repair, except those immediate repairs necessary to remove the vehicle from the area immediately.

 

d)         To exceed a combined vehicle and content weight limit of 50,000 lbs. unless it is otherwise posted on any Department roadway except that Site Managers shall, if it is to the Department's benefit, grant written permission to individuals or contractors to operate such vehicles on posted roadways.  These exceptions will include, but not be limited to, access by lessees utilizing farm equipment to get to leased property or adjacent private property; access by contractors to the contract work site(s); access by vendors delivering materials.

 

e)         For any vehicle to be left or abandoned on Department property.  Vehicles left unattended for a period of 24 hours on any Department road, parking lot, shoulder, or other property will be towed from the site at the owner's expense.

 

Section 4160.170  Weapons and Firearms/Display and Use

 

For any person, other than authorized peace officers, to display or use on Department lands, except as authorized by the Department on hunting, field trial, target, or special event areas, any gun including shotgun, rifle, pistol, revolver, air or BB gun, sling shot, bow and arrow, switchblade knife with spring loaded blade, throwing knife, tomahawk or throwing axe, or martial arts devices.  For purposes of historic interpretation, however, period weapons, or reproductions of such weapons, may be displayed or used within the context of reenactment.

 

Section 4160.180  Picnicking/Bicycling/Skate Boarding

 

For any person to violate the posted rules and regulations pertaining to the designated locations and hours for activities such as picnicking, bicycling, and skate-boarding.  Such activities shall be limited to only those areas and times designated for them.

 

Section 4160.190  Violation of Rule

 

a)         Any person who violates any provision of this rule (Sections 4160.20 through 4160.180) shall be guilty of a Class B misdemeanor.

 

b)         Any person who violates any provision of this rule (Sections 4160.20 through 4160.180) shall be subject to arrest and/or removal from the premises under Section 21-5 of the Criminal Code of 2012 (720 ILCS 5/21-5), Criminal Trespass to State Supported Land.