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Illinois Compiled Statutes
Information maintained by the Legislative Reference Bureau Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide. Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.
CONSERVATION (525 ILCS 30/) Illinois Natural Areas Preservation Act. 525 ILCS 30/1
(525 ILCS 30/1) (from Ch. 105, par. 701)
Sec. 1.
This Act shall be known and may be cited as the "Illinois Natural
Areas Preservation Act".
(Source: P.A. 82-445.)
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525 ILCS 30/2
(525 ILCS 30/2) (from Ch. 105, par. 702)
Sec. 2.
All areas within the State except those that are expressly
designated by law for preservation and protection in their natural condition
are liable to be altered by human activity. Natural lands and waters together
with the plants and animals living thereon in natural communities are a
part of the heritage of the people. They are of value for scientific research,
for teaching, as reservoirs of natural materials not all of the potential
uses of which are now known, as habitats for rare and vanishing species,
as places of historic and natural interest and scenic beauty and as living
museums of the native landscape wherein one may envision and experience
primeval conditions in a wilderness-like environment. They also contribute
generally to the public health and welfare and the environmental quality of the State.
It is therefore the public policy of the State of Illinois to secure for
the people of present and future generations the benefits of an enduring
resource of natural areas, including the elements of natural diversity present
in the State, by establishing a system of nature preserves, protecting nature
preserves and gathering and disseminating information regarding them, providing
for appropriate use of nature preserves that will not damage them, establishing
and maintaining a register of natural areas and buffer areas, providing
certain forms of protection and control of registered natural areas and
registered buffer areas and otherwise encouraging and assisting in the preservation
of natural areas and features.
(Source: P.A. 85-150.)
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525 ILCS 30/3
(525 ILCS 30/3) (from Ch. 105, par. 703)
Sec. 3.
Unless the context otherwise requires, the terms defined in
Sections 3.01 through 3.16 have the meanings ascribed to them in those
Sections.
(Source: P.A. 82-445 .)
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525 ILCS 30/3.01
(525 ILCS 30/3.01) (from Ch. 105, par. 703.01)
Sec. 3.01.
"Abandoned cemetery" means a cemetery (a) in which no interments
have been made and no parts of which have been conveyed or transferred (other
than by inheritance or operation of law) for at least 30 years, (b) which
has been exempt from real estate taxes for at least 30 years and (c) for
which there is no cemetery authority.
(Source: P.A. 82-445.)
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525 ILCS 30/3.02
(525 ILCS 30/3.02) (from Ch. 105, par. 703.02)
Sec. 3.02.
"Buffer area" means an area of land, any estate, interest
or right in which has been dedicated or registered under this Act as a buffer
area because it protects, provides access to or otherwise serves as a necessary
adjunct to a nature preserve or registered natural area or because in the
opinion of the Commission it will, with protection, become a natural area
suitable for dedication as a nature preserve in the future.
(Source: P.A. 82-445.)
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525 ILCS 30/3.03
(525 ILCS 30/3.03) (from Ch. 105, par. 703.03)
Sec. 3.03.
"Cemetery" means a parcel of land devoted to, or at least
a part of which has been used for, the interment of human remains.
(Source: P.A. 82-445.)
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525 ILCS 30/3.04
(525 ILCS 30/3.04) (from Ch. 105, par. 703.04)
Sec. 3.04.
"Cemetery authority" means a legally authorized owner, operator,
manager or other person in control of a cemetery and actively attending
to its care and maintenance.
(Source: P.A. 82-445.)
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525 ILCS 30/3.05
(525 ILCS 30/3.05) (from Ch. 105, par. 703.05)
Sec. 3.05.
"Commission" means the Illinois Nature Preserves Commission
created under this Act.
(Source: P.A. 82-445.)
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525 ILCS 30/3.06
(525 ILCS 30/3.06) (from Ch. 105, par. 703.06)
Sec. 3.06.
"Dedicate" means to set aside land in perpetuity as a nature
preserve or as a buffer area as provided in this Act for the benefit of
the public, thereby subjecting the land to a negative easement in favor
of the public and precluding the owner from asserting any right of ownership
inconsistent with this Act
or the dedication.
(Source: P.A. 82-445.)
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525 ILCS 30/3.07
(525 ILCS 30/3.07) (from Ch. 105, par. 703.07)
Sec. 3.07.
"Department" means the Department of Natural Resources.
(Source: P.A. 89-445, eff. 2-7-96.)
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525 ILCS 30/3.08
(525 ILCS 30/3.08) (from Ch. 105, par. 703.08)
Sec. 3.08.
"Director" means the Director of the Department, who may
be represented by his designated agents.
(Source: P.A. 82-445.)
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525 ILCS 30/3.09
(525 ILCS 30/3.09) (from Ch. 105, par. 703.09)
Sec. 3.09.
"Land" means real property and ownership rights applying
thereto and includes water and the land thereunder, structures and improvements.
(Source: P.A. 82-445.)
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525 ILCS 30/3.10
(525 ILCS 30/3.10) (from Ch. 105, par. 703.10)
Sec. 3.10.
"Natural area" means an area of land in public or private
ownership which, in the opinion of the Commission, either retains or has
recovered to a substantial degree its original natural or primeval character,
though it need not be completely undisturbed, or has floral, faunal, ecological,
geological or archaeological features of scientific, educational, scenic
or esthetic interest.
(Source: P.A. 82-445.)
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525 ILCS 30/3.11
(525 ILCS 30/3.11) (from Ch. 105, par. 703.11)
Sec. 3.11.
"Nature preserve" means a natural area, and land necessary
for its protection, any estate, interest or right in which has been dedicated
under this Act to be maintained as nearly as possible in its natural condition
and to be used in a manner and under limitations consistent with its continued
preservation, without impairment, disturbance or artificial development,
for the public purposes of present and future
scientific research, education, esthetic enjoyment and providing habitat
for plant and animal species and communities and other natural objects.
(Source: P.A. 82-445.)
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525 ILCS 30/3.12
(525 ILCS 30/3.12) (from Ch. 105, par. 703.12)
Sec. 3.12.
"Plan" means a master plan, developed and approved in accordance
with the rules, for the preservation, protection, development, management
and use of a nature preserve or a registered area.
(Source: P.A. 82-445.)
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525 ILCS 30/3.13
(525 ILCS 30/3.13) (from Ch. 105, par. 703.13)
Sec. 3.13.
"Register" means the official list of registered areas
or to place an area on such list.
(Source: P.A. 82-445.)
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525 ILCS 30/3.14
(525 ILCS 30/3.14) (from Ch. 105, par. 703.14)
Sec. 3.14.
"Registered area" means a natural area or a buffer area
registered by the Department under this Act.
(Source: P.A. 82-445.)
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525 ILCS 30/3.15
(525 ILCS 30/3.15) (from Ch. 105, par. 703.15)
Sec. 3.15.
"Rules" means rules adopted by the Commission in conjunction
with the Department under this Act.
(Source: P.A. 82-445.)
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525 ILCS 30/3.16
(525 ILCS 30/3.16) (from Ch. 105, par. 703.16)
Sec. 3.16.
"System" means the State system of nature preserves established
under this Act.
(Source: P.A. 82-445.)
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525 ILCS 30/4
(525 ILCS 30/4) (from Ch. 105, par. 704)
Sec. 4.
The Illinois Nature Preserves Commission is created.
The Commission
succeeds and continues the Commission created by "An Act relating to the
creation of the Illinois Nature Preserves Commission and defining its powers
and duties", approved August 28, 1963, as amended. The Commission consists
of 9 members appointed by the Governor. The Chief of the Illinois Natural
History Survey and the Director of the Illinois State Museum shall advise
the Governor on the making of appointments to the Commission and shall
recommend persons suitable for appointment. The Governor shall obtain the
advice of the Chief of the Illinois Natural History Survey and the Director of
the Illinois State Museum concerning the suitability of any person he proposes
to appoint as a member of the Commission. Members shall be persons who
have demonstrated an interest in the preservation of natural areas.
The members of the Commission created by "An Act relating to the creation
of the Illinois Nature Preserves Commission and defining its powers and
duties", approved August 28, 1963, as amended, incumbent on the effective
date of this Act, shall serve as members of this Commission until the expiration
of their terms under that Act, with the terms of 3 members expiring on June
30 of each year. Members shall serve until their successors
are appointed and qualified. Their successors shall be appointed for 3-year
terms, expiring on June 30. When an appointment is made to fill a vacancy,
the appointment shall be for the remainder of the unexpired term. Any member
of the Commission who has served 2 consecutive full terms is ineligible
for reappointment for a period of one year following the expiration of the second term.
The Commission shall select from its membership a chairman and such other
officers as it considers necessary and shall adopt policies and rules for
conducting its affairs, transacting its business and keeping records. The
Commission shall meet annually or more frequently upon the call of the chairman
or 3 members. The members of the Commission shall serve without compensation
but may be reimbursed for necessary expenses incurred in connection with
the performance of their duties.
(Source: P.A. 82-445.)
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525 ILCS 30/5
(525 ILCS 30/5) (from Ch. 105, par. 705)
Sec. 5.
The Director, the Chief of the Illinois Natural History Survey
and the Director of the Illinois State Museum, or their representatives,
and representatives of such other agencies, institutions and organizations
as the Commission may determine shall serve as advisors to the Commission.
The Commission may appoint consultants. Advisors and consultants shall have
the privilege of discussion and debate, but without the right to vote, in the meetings
of the Commission. They shall serve without compensation but may be reimbursed
for necessary expenses incurred in connection with the performance of their
duties. The Commission may meet without the participation of the advisors
and consultants when it so desires.
(Source: P.A. 82-445.)
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525 ILCS 30/6
(525 ILCS 30/6) (from Ch. 105, par. 706)
Sec. 6.
To effectuate the purposes of this Act, the Commission has
the powers and duties enumerated in Sections 6.01 through 6.09 and elsewhere
in this Act.
(Source: P.A. 82-445.)
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525 ILCS 30/6.01
(525 ILCS 30/6.01) (from Ch. 105, par. 706.01)
Sec. 6.01.
To compile and maintain inventories, registers and records
of nature preserves, other natural areas and features, and species of plants
and animals and their habitats and establish a fee, by rule, to be collected to recover the actual cost of collecting, storing, managing, compiling, and providing access to such inventories, registers, and records. All fees collected under this Section shall be deposited into the Natural Areas Acquisition Fund. The monies deposited into the Natural Areas Acquisition Fund under this Section shall not be subject to administrative charges or chargebacks unless otherwise authorized by this Act.
(Source: P.A. 97-1136, eff. 1-1-13.)
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525 ILCS 30/6.02
(525 ILCS 30/6.02) (from Ch. 105, par. 706.02)
Sec. 6.02.
To seek and approve the dedication of nature preserves as
part of the system.
(Source: P.A. 82-445.)
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525 ILCS 30/6.03
(525 ILCS 30/6.03) (from Ch. 105, par. 706.03)
Sec. 6.03.
To prepare, or guide and participate in the preparation
of, master plans for nature preserves, to keep watch over the protection,
management and use of nature preserves, and to approve or disapprove the
manner of holding and managing any nature preserve.
(Source: P.A. 82-445.)
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525 ILCS 30/6.04
(525 ILCS 30/6.04) (from Ch. 105, par. 706.04)
Sec. 6.04.
To conduct investigations and to disseminate information
and recommendations pertaining to nature preserves; other natural areas;
and habitats of endangered, threatened or rare species of plants and animals
and other elements of natural diversity.
(Source: P.A. 82-445.)
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525 ILCS 30/6.05
(525 ILCS 30/6.05) (from Ch. 105, par. 706.05)
Sec. 6.05.
To promote by advice and other assistance the protection
of natural areas in the State which are not dedicated as nature preserves.
(Source: P.A. 82-445.)
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525 ILCS 30/6.06
(525 ILCS 30/6.06) (from Ch. 105, par. 706.06)
Sec. 6.06.
To submit to the Governor, and to publish, before May 1
of each odd-numbered year a report which shall account for the condition
of each nature preserve and each registered area and shall
set forth actions of the Commission relating to the status of nature preserves
and registered areas; and to publish such additional reports as it deems necessary.
(Source: P.A. 82-445.)
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525 ILCS 30/6.07
(525 ILCS 30/6.07) (from Ch. 105, par. 706.07)
Sec. 6.07.
To formulate and adopt policies
for (a) development and maintenance of the nature preserves system; (b)
selection, acquisition, management, protection and use of dedicated
and registered areas; (c) dedication of land within the system; (d)
registration of areas; (e) protection of registered areas; (f) protection
of habitats of endangered, threatened or rare species; (g) protection of
geological sites; and (h) protection of archaeological sites and artifacts.
(Source: P.A. 82-445.)
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525 ILCS 30/6.08
(525 ILCS 30/6.08) (from Ch. 105, par. 706.08)
Sec. 6.08.
To adopt rules in accordance
with the "Illinois Administrative Procedure Act", for (a) development and
maintenance of the nature preserves system; (b) selection, acquisition,
management, protection and use of dedicated and registered areas; (c) dedication
of land within the system; (d) registration of areas; (e) protection of
registered areas; (f) protection of habitats of endangered, threatened or
rare species; (g) protection of geological sites; and (h) protection of
archaeological sites and artifacts. Such rules shall be promulgated after
consultation with and written approval by the Department.
(Source: P.A. 83-1072.)
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525 ILCS 30/6.09
(525 ILCS 30/6.09) (from Ch. 105, par. 706.09)
Sec. 6.09.
To accept and administer, with the approval of the Director,
gifts, grants and legacies of money, securities
or other property to be used by the Commission for the purposes of this
Act and according
to the tenor of such gift, grant or legacy.
(Source: P.A. 83-388.)
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525 ILCS 30/7
(525 ILCS 30/7) (from Ch. 105, par. 707)
Sec. 7.
To effectuate the purposes of this Act, the Department has
the powers and duties enumerated in sections 7.01 through 7.06 and elsewhere
in this Act.
(Source: P.A. 82-445.)
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525 ILCS 30/7.01
(525 ILCS 30/7.01) (from Ch. 105, par. 707.01)
Sec. 7.01.
To dedicate land held by the Department as nature preserves
as provided in this Act.
(Source: P.A. 82-445.)
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525 ILCS 30/7.02
(525 ILCS 30/7.02) (from Ch. 105, par. 707.02)
Sec. 7.02.
To cooperate with the Commission in matters relating to
the purposes of this Act, and, at its discretion, to provide to the Commission
upon its request,
services, supplies, funds, facilities and other assistance.
(Source: P.A. 82-445.)
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525 ILCS 30/7.03
(525 ILCS 30/7.03) (from Ch. 105, par. 707.03)
Sec. 7.03.
To review and approve in writing rules promulgated by the Commission.
(Source: P.A. 83-1072.)
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525 ILCS 30/7.04
(525 ILCS 30/7.04) (from Ch. 105, par. 707.04)
Sec. 7.04.
To enforce rules pertaining to public use of and activities
on nature preserves and buffer areas.
(Source: P.A. 82-445.)
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525 ILCS 30/7.05
(525 ILCS 30/7.05) (from Ch. 105, par. 707.05)
Sec. 7.05.
To acquire by gift, legacy, purchase, transfer,
grant, agreement, dedication, or condemnation under the Eminent Domain Act,
as amended, or other method, the fee simple title to real
property or any lesser
estates, interests or rights therein, including but not limited to leasehold
estates, easements either appurtenant or in gross and either granting the
Department specified rights of use or denying to the grantor specified rights
of use or both (which easements may be perpetual and shall not be extinguished
by conveyance of the servient estate), licenses, covenants, and other contractual
rights in real property and to hold and manage the same for the purposes
of this Act, and with or without public access.
(Source: P.A. 96-328, eff. 8-11-09.)
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525 ILCS 30/7.05a (525 ILCS 30/7.05a) Sec. 7.05a. Eminent domain. Notwithstanding any other provision of this Act, any power granted under this Act to acquire property by condemnation or eminent domain is subject to, and shall be exercised in accordance with, the Eminent Domain Act.
(Source: P.A. 94-1055, eff. 1-1-07.) |
525 ILCS 30/7.06
(525 ILCS 30/7.06) (from Ch. 105, par. 707.06)
Sec. 7.06.
To register natural areas and buffer areas.
(Source: P.A. 82-445.)
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525 ILCS 30/8
(525 ILCS 30/8) (from Ch. 105, par. 708)
Sec. 8.
There shall be a master plan for each nature preserve or registered area.
The manner of preparation, review and adoption of the plan shall be as provided
by rules.
(Source: P.A. 82-445.)
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525 ILCS 30/9
(525 ILCS 30/9) (from Ch. 105, par. 709)
Sec. 9.
A State system of nature preserves is established.
The system
consists of nature preserves dedicated as provided in this Act.
A natural area which has been found by the Commission to be suitable for
inclusion in the system shall become a nature preserve upon its dedication
by the owner of the land, or of an interest or a right therein, with the
approval of the Commission and the Governor. Dedication may be either donative
or for a consideration. The dedication shall be evidenced by an instrument
of dedication
which shall be in such form as the Commission may approve. So long as consistent
with the purposes of this Act, the instrument of dedication may (a) define
the respective rights and duties of the owner or custodian and the Commission;
(b) contain provisions relating to management, development, use, public
access, sale or transfer; (c) provide procedures to be applied in case of
violation of its provisions; (d) recognize or create reversionary rights,
transfers upon conditions and gifts; (e) contain such other provisions as
may be necessary or advisable and (f) vary in provisions from one nature
preserve to another in accordance with differences in the characteristics
and conditions of the areas involved. No condition of the instrument of
dedication shall limit the perpetuity of the dedication except that preexisting
encumbrances on the land may be recognized.
The Commission may cause the instrument of dedication and any amendments
thereto to be filed for record in the office of the recorder of
each county in which the nature preserve is located.
(Source: P.A. 83-358.)
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525 ILCS 30/10
(525 ILCS 30/10) (from Ch. 105, par. 710)
Sec. 10.
An area may be dedicated as a buffer area in the same manner
as provided in this Act for the dedication of a nature preserve. A dedicated
buffer area shall have the same status and protection under this Act as
a nature preserve, including being subject to the provisions of Section
14, except that the Commission, the Governor and any public owner of a dedicated
interest therein may jointly approve a taking of land therefrom, or allow
an intrusion thereon, for another public use after a finding by the Commission
that such taking or intrusion would be in the public interest. A dedicated
buffer area may be dedicated as a nature preserve.
(Source: P.A. 82-445.)
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525 ILCS 30/11
(525 ILCS 30/11) (from Ch. 105, par. 711)
Sec. 11.
Any part or all of a cemetery that is suitable for dedication
may be dedicated, as provided in this Act, by the owner or other cemetery
authority. Dedication of a cemetery or a part thereof does not affect its
status as a cemetery nor affect any rights of continuing use of the cemetery
for cemetery purposes including the maintenance, construction or preservation
of markers, monuments or memorials, the care of any burial space or the
use of a burial space for an interment, except that, after the cemetery
is dedicated, the cemetery authority shall not convey or assign any right
of interment or authorize any interment for which there was not a prior
right and any maintenance or construction activity shall be in accordance
with the rules and the master plan.
(Source: P.A. 82-445.)
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525 ILCS 30/12
(525 ILCS 30/12) (from Ch. 105, par. 712)
Sec. 12.
If all or part of an abandoned cemetery is suitable for dedication,
the county board for the county in which it is situated may dedicate it
in the manner provided in this Act. If a county board proposes and intends
to dedicate a described abandoned cemetery or part thereof, it shall so
notify the Commission by resolution. Upon receiving the resolution of the
county board, the Commission shall, in a manner to be provided by rules,
give public notice of the proposal and provide an opportunity for any person
to be heard at a public meeting or to request the holding of a public meeting
on the question of
whether
the cemetery is an abandoned cemetery and, if so, whether it should be dedicated.
If, after considering any statements it receives on the matter, the Commission
decides the cemetery is an abandoned cemetery and that it should be dedicated,
the county board may dedicate the cemetery or part thereof as provided in Section 9.
(Source: P.A. 82-445.)
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525 ILCS 30/13
(525 ILCS 30/13) (from Ch. 105, par. 713)
Sec. 13.
An owner of a nature preserve retains custody, administration
and management thereof, or may assign, lease or convey an interest or ownership
therein, or contract for the custody, maintenance or operation thereof,
subject to the instrument of dedication, the policies of the Commission,
the rules, the plan and this Act. The Department, the Commission and others
may participate in management or custody of a nature preserve as provided
by the instrument of dedication or the rules.
(Source: P.A. 82-445.)
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525 ILCS 30/14
(525 ILCS 30/14) (from Ch. 105, par. 714)
Sec. 14.
Nature preserves are held in trust, for those uses and purposes
expressed in this Act which are not prohibited by their instruments of dedication,
for the benefit of the people of the State of present and future generations.
Areas dedicated as nature preserves are hereby declared to be put to their
highest, best and most important use for the public benefit. They shall
be protected, managed and used in the manner provided by rules.
They may not be taken under power of eminent domain or by other means for any other
use except another public use and except upon approval of the Commission,
the Governor and any public owner of a dedicated interest therein after
a finding by the Commission of the existence of an imperative and unavoidable
public necessity for such other public use, and upon such terms and conditions
as the Commission may determine, except as may otherwise be provided in
the instrument of dedication.
The owner of an interest or right in a nature preserve
may amend the instrument of dedication, with the approval of the Commission and
the Governor, after the Commission has determined that the amendment will
not permit an impairment, disturbance, development or use of the nature preserve or
the natural features therein in a manner inconsistent with the purposes of this Act.
Before the Commission may make a finding of the existence of an imperative
and unavoidable public necessity for another public use, grant or dispose
of a nature preserve, grant a license, easement or other interest or right
therein or amend any instrument of dedication, it shall, in a manner to
be provided by rules, give
public notice of the proposed action and provide an opportunity for any
person to be heard at a public meeting or to request the holding of a public meeting.
The Commission may cause any legal instrument altering the status of a
nature preserve to be filed for record in the office of the recorder for
each county in which the nature preserve is located.
(Source: P.A. 83-358.)
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525 ILCS 30/15
(525 ILCS 30/15) (from Ch. 105, par. 715)
Sec. 15.
Any public agency or instrumentality of the State and its
political subdivisions has the power, and is urged, to dedicate suitable
areas or portions of areas within its holdings and to continue holding them
as nature preserves. Any public agency or instrumentality holding a natural
area with the intention of preserving natural conditions thereon or for a
purpose the Commission determines to be compatible with dedication of the
area as a nature preserve shall dedicate it, subject to approval of the
Commission and the Governor.
(Source: P.A. 82-445.)
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525 ILCS 30/16
(525 ILCS 30/16) (from Ch. 105, par. 716)
Sec. 16.
A register of areas is established.
The register consists
of areas registered by the Department under this Act with the approval of
the Commission and the owner.
A registered area may be in public or private ownership and may or may
not be proposed for public acquisition. A registered area may include a
dedicated area.
The register shall include areas determined by the Commission to be worthy
of preservation for the public purposes and policies set forth in this Act.
The manner of registration of areas and of protection, control and management
of registered areas shall be as provided by rules.
No natural area shall be construed to be unworthy of preservation because
it is not registered. Publication of the register is notice to all persons
that the registered areas are worthy of preservation.
(Source: P.A. 82-445.)
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525 ILCS 30/17
(525 ILCS 30/17) (from Ch. 105, par. 717)
Sec. 17.
All public agencies shall recognize that the protection of
nature preserves, buffer areas and registered areas is the public policy
of the State and shall avoid the planning of any action that would adversely
affect them.
It shall be the public policy of each agency of State or local
government to utilize its authority in furtherance of the purposes of this
Act, and to evaluate, through a process of consultation with the
Department, whether the actions, including capital projects, that are
authorized, funded, or carried out by the agency of State or local government
are likely to result in the destruction or adverse modification of any
natural area that is registered under this Act or identified in the
Illinois Natural Areas Inventory.
The evaluation shall be conducted early in the planning of a proposed
action. If the proposed action is found likely to have an adverse impact on
a natural area, the agency shall study the proposed action to determine
possible methods of eliminating or mitigating the adverse impact. Before
implementing any action, the agency shall attempt to mitigate or eliminate
any adverse impacts in a manner consistent with the planned action. The
Department, Commission, or any affected person may seek a writ of mandamus
to compel an agency of State or local government to engage in the
evaluation and study required by this Section.
(Source: P.A. 88-139.)
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525 ILCS 30/18
(525 ILCS 30/18) (from Ch. 105, par. 718)
Sec. 18.
No public agency shall designate an area as a nature preserve
unless it is dedicated as a nature preserve under this Act or unless such
designation is approved by the Commission.
(Source: P.A. 82-445.)
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525 ILCS 30/19
(525 ILCS 30/19) (from Ch. 105, par. 719)
Sec. 19.
The dedication or registration of an area or any other action
taken under this Act shall not void or replace any protective status under
law which an area would have were it not a dedicated or registered area,
the protective provisions of this Act being supplemental thereto.
(Source: P.A. 82-445.)
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525 ILCS 30/20
(525 ILCS 30/20) (from Ch. 105, par. 720)
Sec. 20.
This Act does not provide public access to land without agreement
of the owner thereof.
(Source: P.A. 82-445.)
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525 ILCS 30/21
(525 ILCS 30/21) (from Ch. 105, par. 721)
Sec. 21.
The Attorney General, or the State's Attorney of the county
where a nature preserve or registered area is located, may, upon his own
motion or upon request of the Commission, institute a civil action for an
injunction, or other appropriate legal action, to restrain violations of
this Act or of any rule. In such a proceeding the court shall determine
whether a violation has been committed and shall enter such orders as it
considers necessary to remove the effects of any violation and to prevent
such violation from continuing or from being renewed in the future.
(Source: P.A. 82-445.)
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525 ILCS 30/22
(525 ILCS 30/22) (from Ch. 105, par. 722)
Sec. 22.
Any person who violates this Act or any rule, or causes such
violation by his employee or agent, shall be liable for a civil penalty
of not to exceed $10,000 for each violation, such penalty to be recovered
in an action brought by the Attorney General or the State's Attorney in
the circuit court. The
penalty shall be used to restore the nature preserve or registered area
or to secure the preservation of
similar areas.
(Source: P.A. 82-445.)
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525 ILCS 30/23
(525 ILCS 30/23) (from Ch. 105, par. 723)
Sec. 23.
Any person who, directly or through an employee or agent,
(a) willfully kills, injures, disturbs or removes any animal or plant or
willfully damages, destroys or removes any object, or attempts to do any
of the preceding, on a dedicated area, except as provided by rule for scientific
research or for management to preserve or restore natural conditions, or
on a registered area, except as provided by rule, (b) enters a dedicated
or registered area
that is closed to the public contrary to the rules or without permission
of the owner or custodian or (c) otherwise violates this Act or any rule
is guilty of a Class A misdemeanor. When the violation is a continuing
offense, each day shall be considered a separate violation. Enforcements
under Sections 21, 22 and 23 may be concurrent
or separate.
(Source: P.A. 85-150.)
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525 ILCS 30/24
(525 ILCS 30/24) (from Ch. 105, par. 724)
Sec. 24.
Conservation Police Officers, other employees designated by
the Director, sheriffs and other police officers shall enforce this Act
and the rules promulgated thereunder
and are empowered to arrest any person detected in violation thereof.
(Source: P.A. 82-445.)
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525 ILCS 30/25
(525 ILCS 30/25) (from Ch. 105, par. 725)
Sec. 25.
All final administrative decisions under this Act are subject
to judicial review under the "Administrative Review Law", as now or
hereafter amended, and the rules adopted pursuant thereto. The term
"administrative decision" is defined as in Section 3-101 of the
"Administrative Review Law".
(Source: P.A. 83-1539.)
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525 ILCS 30/26
(525 ILCS 30/26) (from Ch. 105, par. 726)
Sec. 26.
All actions heretofore effected and all areas dedicated under
Sections 1a, 2a, 2b, 2c and 2d of "An Act in relation to the acquisition,
control, maintenance, improvement and protection of State parks and nature
preserves",
approved June 26, 1925, as amended, "An Act relating to the creation of
the Illinois Nature Preserves Commission and defining its powers and duties",
approved August 28, 1963, as amended, and "An Act in relation to the
designation
of abandoned cemeteries as nature preserves", approved September 5, 1975,
including adoption of rules, policies, and resolutions by the Illinois Nature
Preserves Commission, dedication of areas as nature preserves and dedication
of buffer areas shall, except as otherwise expressly
provided in this Act, continue in effect without impairment or interruption
and be subject to this Act.
(Source: P.A. 82-445.)
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