(20 ILCS 805/Art. 805 heading)
(20 ILCS 805/805-1)
Sec. 805-1.
Article short title.
This Article 805 of the Civil
Administrative Code of Illinois may be cited as the Department of Natural
Resources (Conservation) Law.
(Source: P.A. 91-239, eff. 1-1-00.)
(20 ILCS 805/805-5)
Sec. 805-5.
Definitions.
In this Law:
"Department" means the Department of Natural Resources.
"Director" means the Director of Natural Resources.
(Source: P.A. 91-239, eff. 1-1-00.)
(20 ILCS 805/805-10) (was 20 ILCS 805/63a)
Sec. 805-10.
Department's powers, generally.
The Department has the
powers enumerated in the following Sections.
(Source: P.A. 90-490, eff. 8-17-97; 91-239, eff. 1-1-00.)
(20 ILCS 805/805-15) (was 20 ILCS 805/63a37)
Sec. 805-15.
Rules and regulations.
The Department has the power
to adopt and enforce rules and regulations necessary to
the performance of its statutory duties.
(Source: P.A. 91-239, eff. 1-1-00.)
(20 ILCS 805/805-25) (was 20 ILCS 805/63b2.8)
Sec. 805-25.
Public benefit certification.
The Department
has the power to certify whether land
encumbered by a conservation right provides a demonstrated public benefit for
purposes of reduced land valuation in accordance with Section 10-167 of the
Property Tax Code.
(Source: P.A. 91-239, eff. 1-1-00.)
(20 ILCS 805/805-30) (was 20 ILCS 805/63a38)
Sec. 805-30. Illinois Veteran Conservation Corps and Illinois Young Adult Conservation Corps; Illinois Veteran Recreation Corps and Illinois Youth Recreation Corps. The Department has the power to administer the Illinois Veteran
Conservation Corps, Illinois Young Adult Conservation Corps, Illinois Veteran Recreation Corps,
and the Illinois Youth Recreation Corps programs created by the Illinois Veteran,
Youth, and Young Adult Conservation Jobs Act and to promulgate rules and
regulations for the
administration of the programs.
(Source: P.A. 97-738, eff. 7-5-12.)
(20 ILCS 805/805-35) (was 20 ILCS 805/63a40)
Sec. 805-35.
Adopt-A-River program.
The Department has the
power to establish and maintain Adopt-A-River
programs with individual or group volunteers in an effort to encourage and
facilitate volunteer group involvement in litter cleanup in and along portions
of rivers and streams located in State parks and park lands. These programs
shall include but not be limited to the following:
The State and the Department and
its employees are not liable
for any damages or injury suffered by any person resulting from his or her
participation in the program or from the actions or activities of the
volunteers.
(Source: P.A. 90-14, eff. 7-1-97; 91-239, eff. 1-1-00.)
(20 ILCS 805/805-40) (was 20 ILCS 805/63a41)
Sec. 805-40. Adopt-A-Park program. The
Department shall establish and maintain
Adopt-A-Park programs
with individual or group volunteers, if requested by an individual or group volunteers, in an effort to reduce and remove litter
from parks and park lands and to provide other services. The Department shall retain the ability to approve or deny an individual or group volunteer's request; however, the Department must state the reason for the request denial. These programs shall include but not be limited to
the following:
The State and the Department,
its directors, employees, and agents shall not be liable
for any damages or injury suffered by any person resulting from his or her
participation in the program or from the actions or activities of the
volunteers, except in cases of willful and wanton misconduct. Any group and its individual members who wish to volunteer or any individual who wishes to volunteer is required to execute a general release and hold harmless agreement before beginning any volunteer activity or work. An officer, director, or other representative of any group shall also be required to execute a general release and hold harmless on behalf of a group. The agreement shall be prepared and provided by the Department.
By engaging in volunteer activities under this Act, volunteers fully acknowledge and understand that there shall be neither any (1) promise or expectation of compensation of any type, including benefits, nor (2) creation of an employer-employee relationship. The Prevailing Wage Act and the administrative rules adopted thereunder, 56 Ill. Adm. Code 100, shall not apply to any Department project or job in which volunteers are utilized under the Adopt-A-Park program.
(Source: P.A. 97-1082, eff. 8-24-12.)
(20 ILCS 805/805-45)
Sec. 805-45. Adopt-a-Trail program.
(a) The Department shall establish an Adopt-a-Trail program that will allow volunteer groups to assist in maintaining and enhancing trails on State owned land.
(b) Subject to subsection (c) of this Section, volunteer groups in the Adopt-a-Trail program may adopt any available trail or trail segment and may choose any one or more of the following volunteer activities:
The Department shall designate and approve specific activities to be performed by a volunteer group in the Adopt-a-Trail program which shall be executed with an approved Adopt-a-Trail agreement. Volunteer services shall not include work historically performed by Department employees, including services that result in a reduction of hours or compensation or that may be performed by an employee on layoff, nor shall volunteer services be inconsistent with the terms of a collective bargaining agreement. The Department may provide for more than one volunteer group to adopt an eligible trail or trail segment.
(c) If the Department operates other programs in the vicinity of the trail that allows volunteers to participate in the Department's Adopt-A-Park program or other resource, the Department shall coordinate these programs to provide for efficient and effective volunteer programs in the area.
(d) A volunteer group that wishes to participate in the Adopt-a-Trail program shall submit an application to the Department on a form provided by the Department. Volunteer groups shall agree to the following:
(Source: P.A. 100-180, eff. 8-18-17; 100-863, eff. 8-14-18.)
(20 ILCS 805/805-70) (was 20 ILCS 805/63b2.9)
Sec. 805-70. Grants and contracts.
(a) The Department has the power to accept, receive, expend, and
administer, including by grant, agreement, or contract, those funds that are
made available to the Department from the federal government and other public
and private sources in the exercise of its statutory powers and duties.
(b) The Department may make grants to other State agencies,
universities, not-for-profit organizations, and local governments, pursuant
to
an appropriation in the exercise of its statutory powers and duties.
(c) With the exception of Open Space Lands Acquisition and Development and Land and Water Conservation Fund grants, the Department may assess review and processing fees for grant program applications under the jurisdiction of the Department. The Department may, by rule, regulate the fees, methods, and programs to be charged. The income collected shall be deposited into the Park and Conservation Fund for the furtherance of the Department grant programs or for use by the Department for the ordinary and contingent expenses of the Department.
Except as otherwise provided, all revenue collected from the application fee for the State Migratory Waterfowl Stamp Fund shall be deposited into the State Migratory Waterfowl Stamp Fund.
Except as otherwise provided, all revenue collected from the application fee for the State Pheasant Fund shall be deposited into the State Pheasant Fund.
Except as otherwise provided, all revenue collected from the application fee for the Illinois Habitat Fund shall be deposited into the Illinois Habitat Fund.
Except as otherwise provided, all revenue collected from the application fee for the State Furbearer Fund shall be deposited into the State Furbearer Fund.
The monies deposited into the Park and Conservation Fund, the State Migratory Waterfowl Stamp Fund, the State Pheasant Fund, the Illinois Habitat Fund, and the State Furbearer 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.)
(20 ILCS 805/805-80) (was 20 ILCS 805/63b1.2)
Sec. 805-80.
Indirect cost reimbursements.
Indirect cost
reimbursements
applied for by the Department may be allocated as State matching funds. Any
indirect
cost
reimbursement applied for and received by the Department shall be deposited
into
the same fund as the direct cost and may be expended, subject to appropriation,
for support of programs administered by the Department.
(Source: P.A. 90-490, eff. 8-17-97; 91-239, eff. 1-1-00.)
(20 ILCS 805/805-100) (was 20 ILCS 805/63a1)
Sec. 805-100.
Conservation of fish and game.
The Department has the
power to take all measures necessary for the conservation,
preservation, distribution, introduction, propagation, and restoration of
fish, mussels, frogs, turtles, game, wild animals, wild fowls, and birds.
(Source: P.A. 91-239, eff. 1-1-00.)
(20 ILCS 805/805-105) (was 20 ILCS 805/63a2)
Sec. 805-105.
Conservation of fauna and flora.
The Department has the
power to take all measures necessary for the conservation,
preservation, distribution, introduction, propagation, and restoration
of the fauna and flora, except where other laws designate
responsibilities specifically to other governmental agencies. The Director
and authorized employees of the Department may expend sums the
Director deems necessary to purchase any fauna and flora or parts thereof
protected by the Department for use as evidence of a violation of the Fish
and Aquatic Life Code, the Wildlife Code, or any other Act administered by
the
Department and may employ persons to obtain that evidence.
The Director
is authorized to establish investigative cash funds for the purpose of
purchasing evidence or financing any investigation of persons suspected of
having violated those Acts. The investigative cash
funds shall be operated
and maintained on the imprest system, and no such fund shall exceed
$10,000. The Department is authorized to deposit the money in a
locally
held bank account. The funds to be expended shall come from
public
donations, proceeds from the sale of flora and fauna no longer or not
needed as evidence that were purchased with investigative cash funds, and
appropriations to the Department for contractual services.
(Source: P.A. 91-239, eff. 1-1-00.)
(20 ILCS 805/805-110) (was 20 ILCS 805/63a3)
Sec. 805-110.
Statistics relating to fauna and flora.
The Department has
the power to collect and publish statistics relating to the fauna
and
flora.
(Source: P.A. 91-239, eff. 1-1-00.)
(20 ILCS 805/805-115) (was 20 ILCS 805/63a4)
Sec. 805-115.
Conservation information.
The Department has the power to
acquire and disseminate information concerning the
propagation and conservation of the fauna and flora, and the activities of
the Department and the industries affected by conservation and propagation.
(Source: P.A. 91-239, eff. 1-1-00.)
(20 ILCS 805/805-120) (was 20 ILCS 805/63a5)
Sec. 805-120.
Pollution prevention.
The Department has the power to
exercise all rights, powers, and duties conferred by law and
to take measures that are necessary for the prevention of
pollution of
and engendering of sanitary and wholesome conditions in rivers, lakes,
streams, and other waters in this State that will promote,
protect, and
conserve fauna and flora and to work in conjunction with any other
department of State government that is proceeding to
prevent stream and water pollution.
(Source: P.A. 91-239, eff. 1-1-00.)
(20 ILCS 805/805-125) (was 20 ILCS 805/63b1)
Sec. 805-125. Agreements with federal agencies. The
Department
has the power and authority to enter into agreements with appropriate
federal agencies in order to better effect cooperative undertakings in the
conservation, preservation, distribution, and propagation of fish, mussels,
frogs, turtles, game, wild animals, wild fowls, birds, trees, plants, and
forests. The Department's agreements with the United States government may include general indemnification provisions.
(Source: P.A. 96-45, eff. 7-15-09.)
(20 ILCS 805/805-130) (was 20 ILCS 805/63a8)
Sec. 805-130.
Conservation of forests.
The Department has the power to take
measures for the promotion of planting,
encouragement,
protection, and conservation of forests and to promote forestry in this
State, including but not limited to reforestation, woodland management,
fire management, and forest marketing and utilization, to exercise the
rights, powers, and duties in relation thereto that are
conferred by
law, to promote sound forestry management as described by the Illinois
Forestry Development Act, and to carry out the functions ascribed to the
Department by that Act.
(Source: P.A. 91-239, eff. 1-1-00.)
(20 ILCS 805/805-200) (was 20 ILCS 805/63a13-1)
Sec. 805-200.
Property given in trust.
The Department has the power to
accept, hold, maintain, and administer, as trustee,
property given in trust for educational, recreational, or historic purposes
for the benefit of the People of the State of Illinois and to dispose of
that property pursuant to the terms of the instrument creating the
trust.
(Source: P.A. 91-239, eff. 1-1-00.)
(20 ILCS 805/805-205) (was 20 ILCS 805/63a29)
Sec. 805-205.
Acquiring real property subject to life estate.
The
Department has the power to acquire, for purposes authorized by
law, any real property
in fee simple subject to a life estate in the seller in not more than 3 acres
of the
real property acquired, subject to the restrictions that the life estate shall
be
used for residential purposes only and that it shall be non-transferable.
(Source: P.A. 91-239, eff. 1-1-00.)
(20 ILCS 805/805-210) (was 20 ILCS 805/63a33)
Sec. 805-210.
Purchasing land for State parks.
The Department has the
power to purchase land for State park purposes by
contract for deed under the terms and restrictions of Section 2 of the State
Parks Act. The purchase restrictions under that Act shall include
and take into consideration any purchases by contract for deed under Sections
805-205, 805-215, 805-225, 805-230, and 805-255.
(Source: P.A. 91-239, eff. 1-1-00.)
(20 ILCS 805/805-215) (was 20 ILCS 805/63a17)
Sec. 805-215.
Acquiring jurisdiction over federal government lands.
The
Department has the power to acquire jurisdiction by lease,
purchase, contract, or
otherwise over any lands held by or otherwise under the jurisdiction of
the federal government for the purpose of carrying out any power or duty
conferred upon the Department and to locate, relocate, construct, and
maintain roadways and parking areas on those lands and to supply
all
facilities necessary for public use of the areas.
(Source: P.A. 91-239, eff. 1-1-00.)
(20 ILCS 805/805-220) (was 20 ILCS 805/63a34)
Sec. 805-220.
Historic structures.
The Department has the power
to lease or purchase any lands or structures for the purpose
of restoring, renovating, and maintaining structures of historic
significance
that are listed in the Illinois or National Register of Historic
Places
for public use; to acquire all necessary property or rights-of-way for the
purpose of providing access to those structures; and to construct
buildings
or other facilities the Department deems necessary or desirable
for maximum utilization of those facilities for public use.
However, any structures obtained for the purpose of being used as State
office facilities shall be subject to the authority of the Department of
Central Management Services, and any leases for those facilities
shall be
negotiated and executed by the Department of Central Management Services.
(Source: P.A. 91-239, eff. 1-1-00.)
(20 ILCS 805/805-225) (was 20 ILCS 805/63a19)
Sec. 805-225.
Conservation of natural or scenic resources.
The Department
has the power to acquire the fee or any lesser interests,
including scenic
easements, in real property in order to preserve, through limitation of
future use, areas of great natural scenic beauty or areas whose existing
openness, natural condition, or present state of use, if retained,
would
enhance the present or potential value of abutting or surrounding
recreational area development or would maintain or enhance the
conservation of natural or scenic resources.
(Source: P.A. 91-239, eff. 1-1-00.)
(20 ILCS 805/805-230) (was 20 ILCS 805/63a18)
Sec. 805-230.
Developing recreational areas.
The Department has the
power to lease from individuals, corporations, or any other form
of
private ownership, from any municipality, public corporation, or political
subdivision of this State, or from the United States any lands or
waters for
the purpose of developing outdoor recreational areas for public use and to
acquire all necessary property or rights-of-way for the purposes of
ingress or egress to those lands and waters and to construct
buildings and
other recreational facilities, including roadways, bridges, and parking
areas, that the Department deems necessary or desirable for maximum
utilization of
recreational facilities for public use of the areas.
(Source: P.A. 91-239, eff. 1-1-00.)
(20 ILCS 805/805-235) (was 20 ILCS 805/63a6)
Sec. 805-235.
Lease of lands acquired by the Department; disposition of
obsolete buildings. The Department has the power to do and perform
each and every act or thing considered
by the Director to be necessary or desirable to fulfill and carry out
the intent and purpose of all laws pertaining to the Department, including the right to rehabilitate or sell at
public auction buildings or structures affixed to lands over which the
Department has acquired jurisdiction when in the judgment of the Director
those
buildings or structures are obsolete, inadequate, or unusable for the
purposes
of the Department and to lease those lands with
or without appurtenances for a consideration in money or in kind for a
period of time not in excess of 5 years for the purposes and upon
the terms and conditions that the Director considers to
be in the best interests of
the State when those lands are not immediately to be used or
developed by the
State. All those sales shall be made subject to the written
approval of the
Governor. The funds derived from those sales and from those leases shall be
deposited in the State Parks Fund, except that funds derived from
those sales and from
those leases on lands managed and operated principally as wildlife
or fisheries
areas by the Department shall be
deposited in the Wildlife and Fish Fund.
(Source: P.A. 91-239, eff. 1-1-00.)
(20 ILCS 805/805-240) (was 20 ILCS 805/63b)
Sec. 805-240.
Sale of land affected by federal emergency conservation
work;
work on privately owned land.
(a) The Department has
the power and authority for and on behalf of the State to make contractual
agreements with the federal government providing that if, as a result of
the
emergency conservation work done by the federal government on State,
county, and
municipally owned land in Illinois under the provisions of a federal act
entitled "An Act for the relief of unemployment through the performance of
useful public work, and for other purposes", enacted by the 73rd
Congress,
the State derives a direct profit from the sale of that land or
its
products, then the proceeds will be divided equally between the
State of
Illinois and the federal government until the State shall have paid for
the work done at the rate of $1.00 per man per day for the time spent on
the work or projects, subject to a maximum of $3.00 per acre.
The Department's agreements with the U.S. Government may include
general indemnification provisions as required by federal statutes for
nonfederal sponsorship of a federally authorized project.
(b) The Department may also assume responsibility for the maintenance of
work done on privately owned land either by the owners of the land or
otherwise and may by contract with the owners reserve the right to remove
any structures or other things of removable value resulting from the work,
including products of trees planted, the removal to be without
compensation to the landowner.
(Source: P.A. 91-239, eff. 1-1-00.)
(20 ILCS 805/805-245) (was 20 ILCS 805/63b2.1)
Sec. 805-245.
Disposition of State park lands.
The
Department shall
not dispose of any portion of a State park except as specifically authorized by
law. This prohibition shall not restrict the Department from conveyance of
easements and other lesser interests in land.
(Source: P.A. 91-239, eff. 1-1-00.)
(20 ILCS 805/805-250) (was 20 ILCS 805/63a20)
Sec. 805-250.
Leases for strategic military sites.
The Department has the
power to lease lands over which the Department has jurisdiction to
the United States Army for use as strategic military sites for a period not
to exceed 10 years. All such leases, for whatever period, shall be subject
to the written approval of the Governor.
(Source: P.A. 91-239, eff. 1-1-00.)
(20 ILCS 805/805-255) (was 20 ILCS 805/63a10)
Sec. 805-255.
Transfers to other State agency or federal government;
acquisition of federal lands. The Department has the power to
transfer jurisdiction of or exchange any realty under the
control of the Department to any other department of the State government,
or to any agency of the federal government, or to acquire or accept federal
lands, when the transfer, exchange, acquisition, or acceptance
is
advantageous to the State and is approved in writing by the Governor.
(Source: P.A. 91-239, eff. 1-1-00.)
(20 ILCS 805/805-260) (was 20 ILCS 805/63a7)
Sec. 805-260.
Licenses and rights-of-way for public services.
The
Department has the power to grant licenses and rights-of-way within
the areas controlled
by the Department for the construction, operation, and maintenance upon,
under, or across the property of facilities for water,
sewage, telephone,
telegraph, electric, gas, or other public service, subject to
terms and
conditions determined by the Department.
(Source: P.A. 91-239, eff. 1-1-00.)
(20 ILCS 805/805-265) (was 20 ILCS 805/63a39)
Sec. 805-265. Public utility easement on Tunnel Hill Bicycle Trail. The
Department has the power to grant a public utility easement in the
Saline Valley
Conservancy
District on the Tunnel Hill Bicycle Trail for construction and
maintenance of a waterline, subject to terms and conditions
determined by the Department.
(Source: P.A. 95-331, eff. 8-21-07.)
(20 ILCS 805/805-270) (was 20 ILCS 805/63a26)
Sec. 805-270.
Surplus agricultural products.
The Department has the
power to sell or
exchange surplus agricultural products grown
on land owned by or under the jurisdiction of
the Department when those products cannot be used by the
Department.
(Source: P.A. 91-239, eff. 1-1-00.)
(20 ILCS 805/805-275) (was 20 ILCS 805/63a27)
Sec. 805-275.
Sale of gravel and other materials.
The Department has the power to sell gravel,
sand, earth, or other material from any State of Illinois owned lands or
waters
under the jurisdiction of the Department at a fair market price. The proceeds
from the sales shall be deposited into the Wildlife and
Fish Fund in the State
treasury.
(Source: P.A. 90-372, eff. 7-1-98; 91-239, eff. 1-1-00.)
(20 ILCS 805/805-300) (was 20 ILCS 805/63a21)
Sec. 805-300.
Public accommodation, educational, and service facilities.
The Department has the power to develop and operate public
accommodation, educational, and
service
facilities on lands over which the Department has jurisdiction and to
lease lands over which the Department has jurisdiction to
persons or public or private corporations for a period not to exceed 99
years for the construction, maintenance, and operation of public
accommodation, educational, and service facilities. Those
public
accommodation, educational, and
service facilities include, but are not limited to, marinas,
overnight
housing facilities, tent and trailer camping facilities, recreation
facilities, food service
facilities, and similar accommodations. With respect to lands leased from
the federal government or any agency of the federal government,
the Department may sub-lease
those lands for a period not to exceed the time of duration of the
federal
lease with the same renewal options that are contained in the federal
lease. All such leases or sub-leases, for whatever period, shall be made
subject to the written approval of the Governor.
(Source: P.A. 91-239, eff. 1-1-00.)
(20 ILCS 805/805-305) (was 20 ILCS 805/63a23)
Sec. 805-305. Campsites and housing facilities. The
Department has the power to provide facilities for
overnight tent and trailer campsites and to provide suitable housing
facilities for student and juvenile overnight camping groups. The Department
of Natural Resources may regulate, by administrative
order, the fees to be charged for tent and trailer camping units at individual
park areas based upon the facilities available. However, for campsites with
access to showers or electricity, any Illinois resident who is age 62 or older
or has a Class 2 disability as defined in Section 4A of the Illinois
Identification Card Act shall be charged only one-half of the camping fee
charged to the general public during the period Monday through Thursday of any
week and shall be charged the same camping fee as the general public on all
other days. For campsites without access to showers or electricity, no camping
fee authorized by this Section shall be charged to any resident of Illinois who
has a Class 2 disability as defined in Section 4A of the Illinois
Identification Card Act. For campsites without access to showers or
electricity, no camping fee authorized by this Section shall be charged to any
resident of Illinois who is age 62 or older for
the use of a campsite unit during the period Monday through Thursday of any
week. No camping fee authorized by this Section shall be charged to any
resident of Illinois who is a veteran with a disability or a former prisoner of
war, as defined in Section 5 of the Department of Veterans' Affairs Act.
No camping fee authorized by this Section shall be charged to any
resident of Illinois after returning from service abroad or mobilization by the President of the United States as an active duty member of the United States Armed Forces, the Illinois National Guard, or the Reserves of the United States Armed Forces for the amount of time that the active duty member spent in service abroad or mobilized if the person applies for a pass with the Department within 2 years after returning and provides acceptable verification of service or mobilization to the Department. Any portion of a year that the active duty member spent in service abroad or mobilized shall count as a full year. The procedure by which a person may provide to the Department verification of service abroad or mobilization by the President of the United States shall be set by administrative rule. Nonresidents shall be charged the same fees as are authorized for the general
public regardless of age. The Department shall provide by regulation for
suitable proof of age, or either a valid driver's license or a "Golden Age
Passport" issued by the federal government shall be acceptable as proof of
age. The Department shall further provide by regulation that notice of
these
reduced admission fees be posted in a conspicuous place and manner.
Reduced fees authorized in this Section shall not apply to any charge for
utility service.
For the purposes of this Section, "acceptable verification of service or mobilization" means official documentation from the Department of Defense or the appropriate Major Command showing mobilization dates or service abroad dates, including: (i) a DD-214, (ii) a letter from the Illinois Department of Military Affairs for members of the Illinois National Guard, (iii) a letter from the Regional Reserve Command for members of the Armed Forces Reserve, (iv) a letter from the Major Command covering Illinois for active duty members, (v) personnel records for mobilized State employees, and (vi) any other documentation that the Department, by administrative rule, deems acceptable to establish dates of mobilization or service abroad.
For the purposes of this Section, the term "service abroad" means active duty service outside of the 50 United States and the District of Columbia, and includes all active duty service in territories and possessions of the United States.
(Source: P.A. 102-780, eff. 5-13-22.)
(20 ILCS 805/805-310) (was 20 ILCS 805/63a24)
Sec. 805-310.
(Repealed).
(Source: P.A. 91-239, eff. 1-1-00. Repealed by P.A. 92-850, eff. 8-26-02.)
(20 ILCS 805/805-315) (was 20 ILCS 805/63a21.2)
Sec. 805-315.
Cash incentives for concession complexes.
The Department
has
the power to offer a cash incentive not to exceed 35% of the
total documented costs to a qualified bidder for the development,
construction, and supervision by the bidder of any concession
complex,
including but not limited to resort hotels, park lodges, marinas, golf
courses, recreational developments, and ancillary or support facilities
pertinent thereto, on any property leased to or under the jurisdiction of
the Department; provided, however, that all contracts utilizing the State
cash incentive program pursuant to this Section shall be subject to public
bidding and to the written approval of the Governor. Prior to approval by
the Governor, the Department shall give reasonable public notice and
conduct a public hearing in a community close to the proposed project.
(Source: P.A. 91-239, eff. 1-1-00.)
(20 ILCS 805/805-320)
Sec. 805-320. (Repealed).
(Source: P.A. 91-239, eff. 1-1-00. Repealed by P.A. 97-916, eff. 8-9-12.)
(20 ILCS 805/805-325) (was 20 ILCS 805/63a25)
Sec. 805-325.
Public boat launching facilities; artificial water
impoundments. The Department has the power to cooperate and
contract with municipalities, counties, or
other local governmental units to construct and operate public boat
launching facilities on the public waters of this State and to build roads
and parking areas in connection therewith and to participate with all such
governmental units in planning and constructing artificial water
impoundments for recreational purposes.
(Source: P.A. 91-239, eff. 1-1-00.)
(20 ILCS 805/805-330) (was 20 ILCS 805/63a14)
Sec. 805-330.
Lease of concessions.
The Department has the power to lease concessions on any property under the jurisdiction of
the Department for a period not
exceeding 25 years. All such leases, for whatever period, shall be made
subject to the written approval of the Governor. All concession leases
executed after January 1, 1982, extending for a period in excess of 10 years,
shall contain provisions for the Department to participate, on a
percentage
basis, in the revenues generated by any concession operation.
The Department is authorized to
allow for provisions for a reserve account and a leasehold account included
within departmental concession lease agreements for the purpose of setting
aside revenues for the maintenance, rehabilitation, repair, improvement,
and
replacement of the concession facility, structure, and equipment of the
Department that are a part of the
leased premises.
The leasehold account shall allow for the amortization of certain
authorized expenses that are incurred by the concession lessee but
that are not an
obligation of the lessee under the terms and conditions of the lease
agreement. The Department may allow
a reduction of up to 50% of the monthly rent due for the purpose of enabling
the recoupment of the lessee's authorized expenditures during the term of the
lease.
The lessee shall be required to pay into the reserve account a percentage
of gross receipts, as set forth in the lease, to be set aside and expended
in a manner acceptable to the Department by the concession lessee for the
purpose of ensuring that an appropriate amount of the lessee's monies are
provided by the lessee to satisfy the lessee's incurred responsibilities
for
the operation of the concession facility under the terms and conditions of
the concession lease.
(Source: P.A. 91-239, eff. 1-1-00.)
(20 ILCS 805/805-335)
Sec. 805-335. Fees. The Department has the power to
assess appropriate and reasonable fees for the
use of concession type facilities as well as other facilities and sites under
the jurisdiction of the Department, including, but not limited to, beaches, bike trails, equestrian trails, and other types of trails. The Department
may
regulate, by rule, the fees to be charged. The income collected shall be
deposited into the State Parks Fund or Wildlife and Fish Fund
depending on the classification of the State managed facility involved. The monies deposited into the State Parks Fund or the Wildlife and Fish 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.)
(20 ILCS 805/805-350)
Sec. 805-350. Use of Illinois resident labor. To the extent permitted by any applicable federal law or regulation, for all work performed for State construction projects which are funded in whole or in part by a capital infrastructure bill enacted by the 96th General Assembly by sums appropriated to the Illinois Department of Natural Resources, at least 50% of the total labor hours must be performed by actual residents of the State of Illinois. For purposes of this Section, "actual residents of the State of Illinois" means persons domiciled in the State of Illinois. The Department of Labor shall promulgate rules providing for the enforcement of this Section.
(Source: P.A. 96-37, eff. 7-13-09.)
(20 ILCS 805/805-400) (was 20 ILCS 805/63a22)
Sec. 805-400.
Rental of watercraft.
The Department has the power to provide
rowboats and other watercraft for daily rental at a
reasonable fee at any of the State parks, public hunting areas, public
fishing areas, or other properties of the Department where
those boating facilities are considered feasible.
(Source: P.A. 91-239, eff. 1-1-00.)
(20 ILCS 805/805-405) (was 20 ILCS 805/63a30)
Sec. 805-405.
Sale of publications and craft items.
The Department has
the
power to cooperate with private organizations and agencies of the
State of Illinois by providing areas and the use of staff personnel
where feasible for the sale of publications on the natural and cultural
heritage of the State and craft items made by Illinois craftsmen. The
sales shall not conflict with existing concession agreements. The
Department is authorized to negotiate with those organizations and
agencies for a portion of the monies received from sales to be returned
to the Department's State Parks Fund for the furtherance of interpretive
and restoration programs.
(Source: P.A. 91-239, eff. 1-1-00.)
(20 ILCS 805/805-410) (was 20 ILCS 805/63a32)
Sec. 805-410.
Local bank accounts.
The Department has the power to
establish local bank or savings and loan
association
accounts, upon the written authorization of the Director, to temporarily
hold income received at any of its properties. Local accounts
established
pursuant to this Section shall be in the name of the Department and shall be
subject to regular audits. The
balance in a local bank or savings and loan association account shall be
forwarded to the Department for
deposit with the State Treasurer on Monday of each week if the amount to be
deposited in a fund exceeds $500.
No bank or savings and loan association shall receive public funds as
permitted by this Section unless it has complied with the requirements
established pursuant to Section 6 of the Public Funds Investment Act.
(Source: P.A. 91-239, eff. 1-1-00.)
(20 ILCS 805/805-420) (was 20 ILCS 805/63a36)
Sec. 805-420. Appropriations from Park and Conservation Fund. The
Department has the power to expend monies appropriated to the
Department from the Park and Conservation Fund in the State
treasury for conservation and park purposes.
Eighty percent of the revenue derived from fees paid for certificates of title, duplicate
certificates of title and corrected certificates of title and deposited in
the Park and Conservation Fund, as provided for in Section 2-119 of the
Illinois Vehicle Code, shall be expended solely by the Department pursuant to
an appropriation for acquisition,
development, and maintenance of bike paths, including grants for the
acquisition and development of bike paths and 20% of the revenue derived from fees shall be deposited into the Illinois Fisheries Management Fund, a special fund created in the State Treasury to be used for the operation of the Division of Fisheries within the Department.
Revenue derived from fees paid for the registration of motor vehicles of the first division and deposited in the Park and Conservation Fund, as provided for in Section 3-806 of the Illinois Vehicle Code, shall be expended by the Department for the following purposes:
The monies deposited into the Park and Conservation Fund and the Illinois Fisheries Management 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.)
(20 ILCS 805/805-425) (was 20 ILCS 805/63b2.3)
Sec. 805-425.
Purchase of advertising.
The Department has
the power and authority to purchase advertising for the purpose of
education programs concerning conservation.
(Source: P.A. 91-239, eff. 1-1-00.)
(20 ILCS 805/805-430) (was 20 ILCS 805/63b2.4)
Sec. 805-430.
Sale of advertising.
The Department has
the power and authority to sell or exchange advertising rights in its
publications and printed materials.
The sale of advertising shall be subject to the rules and regulations
promulgated by the Department. All income received from the sale of
advertising shall be deposited in the Wildlife and Fish Fund, except that
income
received from advertising in State Park brochures shall be deposited into
the State Parks Fund and income received from advertising in boating or
snowmobile program literature shall be deposited in the State Boating Act
Fund.
(Source: P.A. 91-239, eff. 1-1-00.)
(20 ILCS 805/805-435)
Sec. 805-435. (Repealed).
(Source: P.A. 97-1136, eff. 1-1-13. Repealed by P.A. 97-916, eff. 8-9-12.)
(20 ILCS 805/805-500) (was 20 ILCS 805/63a12)
Sec. 805-500.
Transfer from Department of Public Works and Buildings.
The
Department has the power to exercise the rights, powers, and
duties vested by law in the
Department of Public Works and Buildings as the successor of the following
agencies, their officers and employees: the Illinois Park Commission, the
Lincoln Homestead trustees, and the board of commissioners of and for the
Lincoln Monument grounds.
(Source: P.A. 91-239, eff. 1-1-00.)
(20 ILCS 805/805-505)
Sec. 805-505. (Repealed).
(Source: P.A. 91-239, eff. 1-1-00. Repealed by P.A. 97-916, eff. 8-9-12.)
(20 ILCS 805/805-510) (was 20 ILCS 805/63a13)
Sec. 805-510.
Public monuments and memorials.
The Department has the
power to erect, supervise, and maintain all public monuments
and
memorials erected by the State on properties under the jurisdiction of the
Department of Natural Resources, except when the supervision and maintenance
of a monument or memorial is otherwise provided by law. Under
the power granted by this
Section the Department shall (i) provide a site in Rock Cut State Park for
the Winnebago County Vietnam Veterans' Memorial and (ii) allow the Vietnam
Veterans' Honor Society to erect the Memorial of an agreed design.
(Source: P.A. 90-372, eff. 7-1-98; 91-239, eff. 1-1-00.)
(20 ILCS 805/805-515) (was 20 ILCS 805/63a28)
Sec. 805-515.
Enforcement of laws and regulations.
The Department has the
power
to enforce the laws of the State and the rules and regulations of the
Department in or on any lands owned, leased, or managed by the Department
and any lands that are dedicated as a nature preserve or buffer area under
the Illinois Natural Areas Preservation Act.
(Source: P.A. 91-239, eff. 1-1-00.)
(20 ILCS 805/805-518)
Sec. 805-518. Removal of an individual or individuals. The Department shall have the authority to remove any individual or group of individuals engaging in illegal activities or disorderly conduct from any lands owned, leased, or managed by the Department and any lands that are dedicated as a nature preserve or buffer area under the Illinois Natural Areas Preservation Act and deny future entry to the same by way of revocation or suspension of access privileges. Hearings on access privileges shall be governed by administrative rule.
(Source: P.A. 97-1011, eff. 8-17-12.)
(20 ILCS 805/805-520) (was 20 ILCS 805/63a11)
Sec. 805-520.
Operation of motorboats.
The Department has the power to
enforce the provisions of "An Act regulating the operation
of motorboats", approved July 18, 1947 (repealed).
(Source: P.A. 91-239, eff. 1-1-00.)
(20 ILCS 805/805-525) (was 20 ILCS 805/63a15)
Sec. 805-525.
Regulation of boats on lakes.
The Department has the
power to designate the size, type, and kind of boats that may be used
on lakes owned and operated by the Department and to charge a reasonable
annual service, usage, or rental fee for the use of privately owned boats
on
those lakes.
(Source: P.A. 91-239, eff. 1-1-00.)
(20 ILCS 805/805-530) (was 20 ILCS 805/63a9)
Sec. 805-530.
Agents' entry on lands and waters.
The officers,
employees, and agents of the Department, for the purposes of investigation and
to exercise
the rights, powers, and duties vested and that may be vested in it, may
enter
and cross all lands and waters in this State, doing no damage to private
property.
(Source: P.A. 91-239, eff. 1-1-00.)
(20 ILCS 805/805-535) (was 20 ILCS 805/63b2.2)
Sec. 805-535. Conservation Police Officers. In addition to
the arrest powers prescribed by law, Conservation
Police Officers are conservators of the peace and as such have all powers
possessed by policemen, except that they may exercise those powers
anywhere
in this State. Conservation Police Officers acting under the authority
of this Section are considered employees of the Department and are subject
to its direction, benefits, and legal protection.
Any person hired by the Department of Natural Resources after July 1, 2022
for a sworn law enforcement position or position that has arrest authority
must meet the following minimum professional standards:
Notwithstanding any provision to the contrary, all persons who meet one of the following requirements are deemed to have met the collegiate education requirements:
The Department of Natural Resources must adopt an administrative rule
listing those disciplines that qualify as directly related areas of study.
(Source: P.A. 102-837, eff. 5-13-22.)
(20 ILCS 805/805-537)
Sec. 805-537. Conservation Police Officer quotas prohibited. The Department may not require a Conservation Police Officer to issue a specific number of citations within a designated period of time. This prohibition shall not affect the conditions of any federal or State grants or funds awarded to the Department and used to fund traffic enforcement programs.
The Department may not, for purposes of evaluating a Conservation Police Officer's job performance, compare the number of citations issued by the Conservation Police Officer to the number of citations issued by any other Conservation Police Officer who has similar job duties. Nothing in this Section shall prohibit the Department from evaluating a Conservation Police Officer based on the Conservation Police Officer's points of contact. For the purposes of this Section, "points of contact" means any quantifiable contact made in the furtherance of the Conservation Police Officer's duties, including, but not limited to, the number of traffic stops completed, arrests, written warnings, and crime prevention measures. Points of contact shall not include either the issuance of citations or the number of citations issued by a Conservation Police Officer.
(Source: P.A. 98-650, eff. 1-1-15.)
(20 ILCS 805/805-538)
Sec. 805-538. Retiring officer; purchase of service firearm and police badge. The Director of Natural Resources shall establish a program to allow a Conservation Police Officer who is honorably retiring in good standing to purchase either one or both of the following: (1) any Department of Natural Resources police badge previously issued to that officer; or (2) if the officer has a currently valid Firearm Owner's Identification Card, the service firearm issued or previously issued to the officer by the Department of Natural Resources. The cost of the firearm shall be the replacement value of the firearm and not the firearm's fair market value.
(Source: P.A. 100-931, eff. 8-17-18.)
(20 ILCS 805/805-540) (was 20 ILCS 805/63b2.6)
Sec. 805-540. Enforcement of adjoining state's laws. The
Director may
grant authority to the officers of any adjoining state who are authorized and
directed to enforce the laws of that state relating to the protection of flora
and fauna to take any of the following actions and have the following powers
within the State of Illinois:
Any officer of an adjoining state acting under a power or authority granted
by the Director pursuant to this
Section shall act without compensation or other benefits from this State and
without this State having any liability for the acts or omissions of that
officer.
(Source: P.A. 96-397, eff. 1-1-10; 97-1108, eff. 1-1-13; 97-1150, eff. 1-25-13.)
(20 ILCS 805/805-545)
Sec. 805-545.
The Department of Natural Resources
may enter into one or more interstate compacts concerning conservation law
violators
with
one or more other states. The Department may adopt administrative rules
necessary to implement these compacts.
(Source: P.A. 92-385, eff. 8-16-01.)
(20 ILCS 805/805-550)
Sec. 805-550. Reinstatement fee.
(a) The Department may assess a fee of up to $1,000 for the reinstatement of revoked or suspended licenses, permits, registrations, and other privileges that it administers in the exercise of its powers and duties under Illinois law.
(b) Revenues generated from the reinstatement of State park privileges shall be deposited into the State Parks Fund. Revenues generated from the reinstatement of hunting, fishing, trapping, ginseng, falconry, wildlife rehabilitation, and outfitter licenses or privileges shall be deposited into the Wildlife and Fish Fund. Revenues generated from the reinstatement of boating and snowmobile privileges shall be deposited into the State Boating Act Fund. Revenues generated from the reinstatement of forestry purchasing privileges shall be deposited into the Illinois Forestry Development Fund. Other revenues generated from the reinstatement of a license, permit, registration, or other privilege shall be deposited into the State fund in which the fee for that privilege is deposited. The Comptroller shall maintain a separate accounting of the moneys deposited under this subsection.
(c) Moneys deposited under subsection (b) shall be used by the Department, subject to appropriation, for the following purposes:
(Source: P.A. 96-1160, eff. 1-1-11; 97-1011, eff. 8-17-12.)
(20 ILCS 805/805-555)
Sec. 805-555. Consultation fees.
(a) For the purposes of this Section, "agency" shall have the meaning assigned in Section 1-20 of the Illinois Administrative Procedure Act.
(b) The Department shall assess a $100 fee for consultations conducted under subsection (b) of Section 11 of the Illinois Endangered Species Protection Act and Section 17 of the Illinois Natural Areas Preservation Act. Any fee assessed under this Section shall be deposited into the Illinois Wildlife Preservation Fund.
(c) The Department may adopt rules to implement this Section.
(d) The monies deposited into the Illinois Wildlife Preservation Fund under this Section shall not be subject to administrative charges or chargebacks unless otherwise authorized by this Act.
(Source: P.A. 100-491, eff. 6-1-18.)
(20 ILCS 805/805-560)
Sec. 805-560. Entrance fees for site visitors from other states.
(a) The General Assembly finds that a dedicated funding stream shall be established for the operation and maintenance of sites owned, managed, or leased by the Department to help ensure that these State treasures will be properly maintained and remain accessible to the public for generations to come.
(b) The Department may charge an annual vehicle access fee for access by site visitors from other states to properties owned, managed, or leased by the Department.
(c) The Department may charge a daily vehicle access fee to site visitors from other states who have not paid the current annual vehicle access fee.
(d) The Department may establish a fine for site visitors from other states who enter a site in a vehicle without paying the annual vehicle access fee or daily vehicle access fee.
(e) Revenue generated by the fees and fine assessed pursuant to this Section shall be deposited into the State Parks Fund or the Wildlife and Fish Fund, special funds in the State treasury.
(f) The Department shall adopt any and all rules necessary to implement this Section.
(g) The monies deposited into the State Parks Fund or the Wildlife and Fish 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.)
(20 ILCS 805/805-565)
Sec. 805-565. Road vacation.
(a) Whenever the Department of Natural Resources determines that the public use or public interest will be served by vacating any plat of subdivision, street, roadway, or driveway, or part thereof, located within Department owned lands, it may vacate that plat of subdivision, street, roadway, or driveway, or part thereof, by approval of the Governor.
(b) The determination of the Department that the nature and extent of the public use or public interest to be served warrants the vacation of any plat of subdivision, street, roadway, or driveway, or part thereof, is conclusive, and the approval of the vacation is sufficient evidence of that determination, whether so recited in the vacation or not. The relief to the public from further burden and responsibility of maintaining any plat of subdivision, street, roadway, or driveway, or part thereof, constitutes a public use or public interest authorizing the vacation.
(c) Nothing contained in this Section shall be construed to authorize the Department to vacate any plat of subdivision, street, roadway, or driveway, or part thereof, that is part of any currently maintained and used State or county highway without obtaining the approval of the Department of Transportation (in the case of a State highway) or the appropriate county highway department (in the case of a county highway).
(d) Title to the land in fee simple included within the plat of subdivision, street, roadway, or driveway, or part thereof, so vacated vests in the Department except:
(Source: P.A. 99-156, eff. 1-1-16.)