Section 1515.15  Illinois CREP Grant of Conservation Right and Easement Agreement

a)         In order to participate in Illinois CREP, Landowners must enroll the entirety of acreage enrolled in a current Federal CREP contract and execute an Illinois CREP Grant of Conservation Right and Easement Agreement.  Each Illinois CREP Grant of Conservation Right and Easement Agreement shall address the following issues:

1)         The rights granted to IDNR or SWCD by the Landowner;

2)         The rights reserved by the Landowner;

3)         A legal description of the acreage to be enrolled into Illinois CREP;

4)         The amount to be paid for the Illinois CREP Grant of Conservation Right and Easement Agreement;

5)         An Illinois Conservation Management Plan for the enrolled acreage; and

6)         Any other additional terms and conditions agreed upon by the Landowner and IDNR.

b)         Landowners have the option to enter into a permanent Illinois CREP Grant of Conservation Right and Easement Agreement or a 15-year Illinois CREP Grant of Conservation Right and Easement Agreement.  Landowners with existing 15-year or 35-year Illinois CREP Grant of Conservation Right and Easement Agreement can enroll in new Illinois CREP Grant of Conservation Right and Easement Agreement or convert to a permanent Illinois CREP Grant of Conservation Right and Easement Agreement. 

c)         Illinois CREP Grant of Conservation Right and Easement Agreement become effective depending on the acreage covered:

1)         For acres subject to a current Federal CREP contract, an Illinois CREP Grant of Conservation Right and Easement Agreement becomes effective upon the expiration or termination of the Federal CREP contract.  However, the Illinois CREP Grant of Conservation Right and Easement Agreement is enforceable by IDNR upon its execution;

2)         For acres subject to a current Illinois CREP Grant of Conservation Right and Easement Agreement, a future Illinois CREP Grant of Conservation Right and Easement Agreement becomes effective upon the expiration of the current Illinois CREP Grant of Conservation Right and Easement Agreement; and

3)         For Additional Acres, an Illinois CREP Grant of Conservation Right and Easement Agreement becomes effective upon the execution of that Illinois CREP Grant of Conservation Right and Easement Agreement.

d)         Illinois CREP Grant of Conservation Right and Easement Agreement will not be modified except for instances of public benefit, including, but not limited to, improvements in transportation and public utilities, issues of public safety, or when the modification is otherwise in the best interest of the State of Illinois.  In cases of modification, IDNR, or the SWCD shall:

1)         Investigate reasonable alternatives or mitigation to protect the State interests purchased under the Illinois CREP Grant of Conservation Right and Easement Agreement, to the extent practicable; and

2)         Negotiate with the Landowner and any other appropriate party to modify the Illinois CREP Grant of Conservation Right and Easement Agreement to protect the State interests held under the Illinois CREP Grant of Conservation Right and Easement Agreement, to the extent practicable, if no reasonable alternative is available.

(Source:  Added at 46 Ill. Reg. 5986, effective March 30, 2022)