(505 ILCS 35/Art. II heading)
(505 ILCS 35/2-1) (from Ch. 5, par. 2402-1)
Sec. 2-1.
Save Illinois Topsoil Program.
The Director, in
consultation with the Director of Natural Resources, may establish and
administer the Save Illinois Topsoil Program,
which shall be based on its potential for fish and wildlife habitat
establishment, protection or both establishment and protection, reducing soil
erosion and protecting water quality. Land may be placed in the Save Illinois
Topsoil Program provided:
(a) the land is marginal agricultural land or adjacent to marginal
agricultural land and beneficial to natural resource protection or necessary
for efficient recording of the land description;
(b) the land is at least 5 acres in size or is a whole field as determined
by the Director;
(c) the land was in agricultural crop production or pasture for at least 2
years during the period 1981 to 1986;
(d) the land has an approved management plan;
(e) the land is subject to a conservation easement which is permanent or of
limited duration in increments of 5 years for a period of not less than 10
years nor more than 50 years;
(f) the conservation easement is filed for record in the Office of the
Recorder of each county where the easement is located;
(g) the conservation easement allows for repairs, improvements and
inspections necessary to maintain public drainage systems provided the
easement area is restored to the condition required by the terms of the
conservation easement and approved management plan; and
(h) the landowner agrees in writing:
(Source: P.A. 89-445, eff. 2-7-96.)
(505 ILCS 35/2-2) (from Ch. 5, par. 2402-2)
Sec. 2-2. Payments to the landowner. The Director shall, subject to
available funds and appropriations, make the following payments to the
landowner:
The Director may not pay more than $50,000 annually to a landowner for
the landowner's conservation easements and agreements. Any cost-share
payments shall be in addition to this $50,000 limit.
The Director may supplement cost-share payments made under other local,
State or federal programs, not to exceed $75 an acre, to the extent of
available appropriations. The supplemental cost-share payments must be
used to establish perennial cover on land enrolled in programs approved
by the Director.
(Source: P.A. 99-642, eff. 7-28-16.)
(505 ILCS 35/2-3) (from Ch. 5, par. 2402-3)
Sec. 2-3.
Conservation Easement Extension.
When a
conservation easement of limited duration expires, a new
conservation easement, agreement, and approved management plan
for an additional period of 10 years may be acquired by agreement
of the Director and the landowner under the terms of this
Section and Section 2-1. The Director may adjust payment rates
as a result of renewing an agreement and conservation easement
only after examining the condition of the established cover,
conservation practices and land values.
(Source: P.A. 85-960.)
(505 ILCS 35/2-4) (from Ch. 5, par. 2402-4)
Sec. 2-4.
Cooperation and technical assistance; supplemental
conservation payment.
(a) In implementing this Article II the Director may provide an annual
progress report to and shall cooperate with the Department of Natural
Resources, the Illinois Environmental Protection Agency,
the United States Fish and Wildlife Service, the Agricultural Stabilization
and Conservation Service and Soil Conservation Service of the United States
Department of Agriculture, the University of Illinois Cooperative Extension
Service, county boards and interested private organizations and individuals.
(b) The Directors of the Departments of Agriculture and Natural
Resources may provide technical assistance as requested to
county soil and water conservation districts and to landowners enrolled in the
Save Illinois Topsoil Program. The Director of Natural Resources may provide
technical advice and assistance to the
Director on the form and content of the conservation easement and agreement,
and on agronomic practices relating to the establishment and maintenance of
permanent cover and other conservation improvements as it relates to natural
resources and habitats. The Directors of the Departments of Agriculture and
Natural Resources may jointly prepare an informational
booklet on the Save Illinois Topsoil Program and the Illinois Natural Resource
Enhancement Program and other State and federal programs for land acquisition,
conservation and retirement of land to be made available to eligible landowners
and the general public.
(Source: P.A. 89-445, eff. 2-7-96.)
(505 ILCS 35/2-5) (from Ch. 5, par. 2402-5)
Sec. 2-5.
Rules.
The Director is authorized to adopt, amend and repeal
rules in order to implement this Article II.
(Source: P.A. 85-960.)
Structure Illinois Compiled Statutes