Title 17 Ill. Adm. Code — Conservation

17 Ill. Adm. Code 110.1 Definitions

Conservation event – An event that furthers the mission of the Department and that is in line with outdoor education or conservation.

Department – The Illinois Department of Natural Resources

Director – The Director of the Illinois Department of Natural Resources

Encampment – An event which reenacts what life was like in the State of Illinois during the time periods of the 18th and early 19th centuries.

Event – An outing that is planned by the public on Department property and seeks to claim parts of the site to conduct the outing during a specified time.

Primitive camping – Any shelter that resembles a camping structure as would have been used in the 18th century and is being used during an encampment.

History

• Source: Added at 45 Ill. Reg. 12553, effective September 24, 2021

Chapter I Department of Natural Resources

Subchapter a Lands

Part 110 Public Use of State Parks and Other Properties of the Department of Natural Resources

17 Ill. Adm. Code 110.4 Department Activity Permits, Site Charges, Facility Usage Fees and Special Events

a) Activity Permits

1. It shall be unlawful for any group of more than 20 persons to use Department-owned, -leased or -managed property and facilities unless the group complies with this Section and obtains an activity permit.

2. All groups of more than 20 persons seeking to host an event on Department-owned, -leased or -managed property or facilities shall submit an activity permit application, on a form provided by the Department, and pay a $25 activity permit application fee at the time of submittal. The requirements to obtain an activity permit is in addition to any other permits or fees required under this Section.

A) For groups of persons under the age of 18, it is required that at least one adult (age 18 years or older) accompany no more than 15 minor individuals.

B) Any groups of more than 20 persons may be denied an activity permit if it is determined by the Site Superintendent that:

i) the site's physical layout and infrastructure is not suitable for the group activity, or

ii) may be detrimental to the public health and safety of other site visitors or the natural resources at the site.

C) The Department may also require a group of more than 20 persons to provide protection against liability claims by:

i) purchasing a liability insurance policy (at an amount set by the Department), which shall include Dram Shop coverage if alcohol of any type is being sold or served during a group's event; and

ii) agreeing to indemnify and hold harmless the Department, its officers, employees and agents for any damage to property and persons as a result of the willful and/or negligent acts of the group and/or its members and/or those in attendance. The Department will provide the Release, Waiver and Indemnification form for the group to sign and submit to the Site Superintendent.

D) The Site Superintendent will evaluate the availability of parking, conflicts with other visitor uses, acreage, toilet facilities and suitable roadways in determining whether to grant an activity permit for the requested group activity.

b) Department Site Charges

The following fees will be charged for use or reservation of designated facilities, except that Illinois residents who are veterans and disabled or a former prisoner of war (see 20 ILCS 805/805-305) shall be exempt from this subsection:

1. All persons entering a designated swim beach area shall pay a $2 fee unless otherwise posted at the swim beach area. Illinois Beach State Park beaches are not designated swim beach fee areas.

2. All individuals reserving a picnic shelter at sites participating in the Shelter Reservation Program shall pay $50 each day a shelter is reserved. Reservations are non-refundable unless the area is closed by the Department. Checks are to be made payable to the Illinois Department of Natural Resources (site name). Reservations are not final until payment is received. Upon vacating the site, shelter users are required to remove all personal belongings and place all trash in the appropriate receptacles located at the site. Those who fail to do so will be charged a disposal fee of $50. Shelter users who fail to pay the disposal fee will be denied future reservations until the fee is paid in full.

c) Facility Usage Fees for Exclusive Use

The Department reserves the right to charge a facility usage fee for exclusive utilization of Department site space and that site space is not available to be reserved by use of an online reservation program. The flat fee will be reflective of the impact to the site, fair market value for the region, and based on evaluative criteria listed in this subsection (c):

1. time of day and time of year;

2. amount of Department staff involvement required;

3. number of people using the facility;

4. level of demand for particular site space; and

5. impact on the site, natural resources, and other site users.

d) Permit to Sell

1. All persons or entities seeking to charge fees to participants, provide items for sale, or otherwise collect money or items as part of an event located on Department-owned, -leased or -managed property or facilities shall complete a permit to sell application form. All revenue generated from the event shall be subject to a 10% fee payable to the Department upon completion of the event. The activity permit application fee may be deducted from the permit to sell fees owed the Department at the completion of the event. All funds received will be allocated to the site at which the fees were collected. Activity permit, permit to sell, and facility usage fees will be waived if the group is a formally recognized Friends Group of the site at which the event is being held (see Section 110.190).

2. All persons or entities seeking to charge fees, to provide items for sale, or otherwise collect money or items as part of the Illinois State Fair or the DuQuoin State Fair and such activity will be located at an area that is under the control or management of the Department shall complete a permit to sell application form. All revenue generated from the permitted activity shall be subject to a 15% fee payable to the Department upon completion of the event. The activity permit application fee for the Illinois State Fair or the DuQuoin State Fair may be deducted from the permit to sell fees owed the Department at the completion of the event. All funds received will be allocated to the site at which the fees were collected.

e) The Department reserves the right to waive or reduce fees listed in subsections (c), (d) and (f) based upon the:

1. amount of staff time required;

2. overall impact on the site and Department resources;

3. event is hosted by a school or educational institution; or

4. event furthers the Department's mission or is a conservation event.

f) Encampments

All individuals or entities that are participating in an encampment for the following activities shall file a completed application or agreement for the activity that they are participating in, as provided by the Department, at least 30 days before the encampment and shall submit the required fee, if any, with the completed application or pay the required percentage for items that were sold by the vendor at the encampment. Upon review of the applications and agreements required by this subsection, the Department may grant permission to engage in the activity so applied for. All approved applicants shall follow the rules set out for their approved activity as listed in the application.

1. Primitive Camping

A Primitive Camping application.

2. Food Vendor

A) A Food Vendor Fee Application. This application shall include all food items to be sold at the encampment and the price of the listed items. Any changes to the menu of items to be sold after an application has been approved must be approved by the Department.

B) A Food Vendor Fee Agreement.

C) Gross sales

i) Pay 10% of the gross sales made by the applicant during the encampment. This payment shall be made to the Department at the close of the last day of the encampment.

ii) Pay 5% of the gross sales made by a Not-for-Profit applicant. This payment shall be made to the Department at the close of the last day of the encampment. All applicants wishing to apply as Not-for-Profit entities must submit documentation along with their application showing that they are a 501(c)(3) tax exempt organization.

3. Merchant

A) A Merchant Application.

B) A fee of $200.

4. Blanket Trader

A) A Blanket Trader Application.

B) A fee of $100.

5. Traditional Craftsman

A) A Traditional Craftsman Application.

B) A fee of $100.

g) World Shooting Recreation Complex

The Department reserves the right to charge a facility usage fee for exclusive utilization of any part of the World Shooting and Recreation Complex. The flat fee will be reflective of the impact to the site, fair market value for the region, and based on criteria listed in this subsection:

1. time of day and time of year;

2. amount of Department staff involvement required;

3. number of people using the facility;

4. level of demand for particular site space; and

5. impact on the site, natural resources, and other site users.

h) This Section shall not apply to any activity or event that has been undertaken with the Department in compliance with and pursuant to the Illinois Procurement Code (30 ILCS 500).

History

• Source: Amended at 45 Ill. Reg. 12553, effective September 24, 2021

17 Ill. Adm. Code 110.5 Unlawful Activities (repealed)

History

• Source: Repealed at 24 Ill. Reg. 12556, effective August 7, 2000

17 Ill. Adm. Code 110.20 Alcoholic Beverages – Possession, Consumption, Influence

It shall be unlawful, on Department-owned, -leased or -managed property or facilities for any person to possess or consume intoxicating beverages, including beer or wine, in any Department-owned,-leased or -managed property or facilities that is posted with signs indicating that the possession or consumption is unlawful.

History

• Source: Amended at 45 Ill. Reg. 12553, effective September 24, 2021

17 Ill. Adm. Code 110.30 Animals – Pets, Dogs, Cats, Equine; Noisy, Vicious, Dangerous Animals; Livestock; Animal Waste

It shall be unlawful, on Department-owned, -leased or -managed property or facilities:

a) For any person to allow an unleashed dog, cat or other domesticated animal on any area and further for any person to allow any dog, cat or other domesticated animal in any area, on a leash longer than 10 feet, except that:

1. unleashed hunting dogs are allowed during the hunting season for all wildlife species except deer and wild turkey on any Department areas open to hunting and so posted;

2. at field trials unleashed dogs are allowed at sites designated by the Department in accordance with 17 Ill. Adm. Code 910;

3. unleashed hunting dogs are allowed by individual permit for dog training at sites designated by the Department in accordance with 17 Ill. Adm. Code 950;

4. search and rescue dog training is allowed by activity permit. The permit will designate specific areas and times so as not to conflict with other site activities; and

5. dogs on a maximum 50 foot leash being used to track wounded deer are allowed at sites in accordance with 520 ILCS 5/2.26 and 17 Ill. Adm. Code 510.

b) For any leashed or tied animal to be left unattended and not under the specific physical control of the owner or person designated by the owner.

c) For any person to bring any domesticated animal onto Department lands without the animal being current on any required federal, State or local vaccinations or health certifications. Proof of required vaccinations or health certifications must be provided to any Department employee upon demand.

d) For any person to keep a noisy, vicious, or dangerous dog or animal, or one that is disturbing to other persons, on Department-owned, -leased or -managed properties or facilities, and to remain on the property or facilities after being asked by the Site Superintendent or assigned employee to leave.

e) For any person to ride or lead any equine in any area, other than a designated equestrian trail or area, except horse drawn conveyances authorized by a Department Activity Permit. Horse patrols of the Department in the performance of their duties are not excluded from any area under the control of the Department. Hikers on equestrian trails must yield to equines.

f) For any person to allow livestock to roam or graze on any Department-owned, -leased or –managed property or facilities except when authorized by proper lease, license or written agreement approved by the Department in accordance with 17 Ill. Adm. Code 150.

g) For any person responsible for an animal in a campground or day use area not to dispose of his animal's waste excrement directly into a Department garbage container with a tight fitting lid or have the excrement put into a closed water tight bag or water tight container with the lid closed and placed into an open Department trash container. At equestrian campgrounds, equestrians must deposit their animal's waste in a designated manure collection area.

h) For any person to allow a dog, cat, or other domesticated animal on any area designated as "NO PETS", except for animals that are being utilized in conformance with the Americans With Disabilities Act (42 USC 12101) or Illinois law with respect to Service Animal Access [720 ILCS 5/48-8]. This prohibition of dogs, cats or other animals will be reserved for beach areas, concession areas, and certain areas within campgrounds and picnic areas where there are concentrations of large numbers of people or the presence of food or children.

i) For any person to erect or use temporary corrals, except when:

1. there are insufficient hitching posts or tie line areas;

2. there is a large enough open area that can be utilized for a corral without causing damage to State property; and

3. permission has been obtained from the Site Superintendent. Such permission may be given for use of a corral constructed with rope or gates. Electrified fences or wires are prohibited, unless used for emergency grazing of livestock. Emergency grazing of livestock may occur on Department-owned, -leased or –managed property only after permission has been obtained from the Director.

j) To tether equines or canines to trees. Tie lines between trees are permissible if sites do not provide hitching posts, tie line posts or tethering structures within campgrounds, day use areas or rest areas. Tie lines, if used, must not allow animals to reach or otherwise do damage to either tree.

History

• Source: Amended at 45 Ill. Reg. 12553, effective September 24, 2021

17 Ill. Adm. Code 110.40 Boats and Other Watercraft

For purposes of this Section, the term "watercraft" means a watercraft or vessel as defined in the Boat Registration and Safety Act [625 ILCS 45]. It shall be unlawful, on Department-owned, -leased or -managed property:

a) For any person to operate any watercraft in any pond, lake, river, canal or other body of water where posting clearly indicates that certain specific boating usage is prohibited. However, Department employees operating watercraft in carrying out official duties and personnel of cooperating agents or agencies operating watercraft as authorized by the Department are exempt from boating regulations in this Section or specific site rules as determined by Department supervisory managers in order to provide management actions for enhancing or saving the resource base or the safety and welfare of the using public.

b) For any person to use a motor driven watercraft on any body of water under the jurisdiction of the Department that has less than 40 surface acres. However, this does not exclude the use of motor driven boats to gain access to duck blinds during blind building activities and during the waterfowl hunting season or electric trolling motors on these bodies of water.

c) For any person to operate a motor driven watercraft at greater than no wake speed on any body of water posted as no wake.

d) Horsepower restrictions shall not apply at posted boat launch ramps while loading or unloading a trailered watercraft, provided that the watercraft over the H.P. limit is operated at a nowake speed within 150 feet of the loading ramp itself.

e) For any person to allow watercraft to remain on any of the public recreational and fishing areas under the jurisdiction of the Department during the month of December each year.

f) For any person to remain on any Department lake after posted closing time.

History

• Source: Amended at 45 Ill. Reg. 12553, effective September 24, 2021

17 Ill. Adm. Code 110.45 Abandoned Watercraft

It shall be unlawful for any person to abandon a watercraft on property owned, leased or managed by the Illinois Department of Natural Resources.

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

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

History

• Source: Amended at 13 Ill. Reg. 3785, effective March 13, 1989

17 Ill. Adm. Code 110.50 Capacity of Areas – Usage Limitation

It shall be unlawful:

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

b) For any person to violate the posted closing period for any site except as permitted in 17 Ill. Adm. Code 130.90(a).

History

• Source: Amended at 24 Ill. Reg. 12556, effective August 7, 2000

Chapter I Department of Natural Resources

Subchapter a Lands

Part 110 Public Use of State Parks and Other Properties of the Department of Natural Resources

17 Ill. Adm. Code 110.60 Camping – Campfires - Firewood

It shall be unlawful, on Department-owned, -leased or –managed property or facilities:

a) For any person to use a tent or trailer, or any other type of camping device, except in designated camping areas. Persons camping in designated areas shall obtain a camping authorization slip from authorized site personnel as provided by 17 Ill. Adm. Code 130 or for encampments, approval of the Primitive Camping application and instructions as to where the approved applicant is permitted to camp.

b) For any person to build any fire:

1. in any area except in camp stoves provided by the Department or in charcoal or other types of metal grills furnished by the visitor at a specific designated campfire site; or

2. where bans on open fires are posted by the Department.

c) For any person to possess or discharge any type of fireworks or other explosive devices, including, but not limited to, model rockets or aerial displays, without a written permit issued by the Department. The decision to grant or deny a permit will be based upon public safety, legal considerations, the impact on public use/enjoyment of parks, and the potential impact on natural resources, such as fire or the disturbance of nesting or feeding patterns.

d) For any person to bring or possess on Department-owned, -leased or -managed properties firewood from any geographical area where wood exportation has been prohibited by either the State of Illinois or federal quarantine, in violation of 505 ILCS 90/22, or to sell or distribute firewood on Department-owned, -leased or -managed properties without prior written agreement with the Department pursuant to 17 Ill. Adm. Code 150.

e) For any person to bring firewood onto Department-owned, -leased or -managed properties when the firewood was obtained from greater than 50 miles from the site unless it is U.S. Department of Agriculture certified wood or wood that is certified by an agency of the State of Illinois. Firewood may not be brought into Illinois from any location outside of Illinois unless it is U.S. Department of Agriculture certified wood or wood certified by another state's regulatory agency.

f) A Conservation Police Officer may confiscate any firewood brought onto Department-owned, -leased or -managed properties found to be in violation of this Section.

History

• Source: Amended at 45 Ill. Reg. 12553, effective September 24, 2021

17 Ill. Adm. Code 110.70 Destruction of Property – Flora – Fauna – Man-Made and Inanimate Natural Objects – Collection of Artifacts

It shall be unlawful, on Department-owned, -leased or -managed property or facilities:

a) For any person to injure or remove any animal, plant or part thereof, or attempt to disturb any agricultural crop, except:

1. as otherwise provided by permit, law or regulation;

2. as provided by a Department-sponsored program or activity under the direct supervision of an authorized employee; or

3. in the collection of edible fungi, nuts and berries (not including ginseng berries, removal of which will remain unlawful) on Department-owned, -leased or -managed lands where the collection would not be incompatible with resource management activities or recreational programs at the site. Collection shall not be in conflict with the Natural Areas Preservation Act [525 ILCS 30] and shall occur only when the collection is for personal use only and not for re-sale.

A) Collection hours for edible fungi, nuts and berries shall be allowed during the site's regular hours of operation only, except collection is not permitted at any site during the open hours of established hunting seasons at that site.

B) Collection contests shall not be allowed on any State site.

b) For any person to remove, take, alter, hide, construct, mutilate, deface, damage or destroy any natural or man-made property, equipment, improvement, sign, trail or building when the person does so to any such item which is supported, purchased or maintained by the State without the consent of the State when the value of or damage to the property is $150 or less, except as otherwise provided by permit, law, regulation, or by Department program activity under the direct supervision of an authorized employee.

c) For any person to collect or take artifacts and/or mutilate, destroy, deface or excavate any archaeological site, except as provided by permit issued according to 17 Ill. Adm. Code 370.

d) For any person to withdraw or pump water from any Department-owned, -leased or -managed lake, canal, wetland, river or stream except as authorized by Department permit. The decision to grant or deny a permit will be based upon a balancing between the need of the permittee and the protected water level or flow.

e) For any person to climb, stand, sit or walk on any structure, building, shelter, fence, gate, post, flagpole, picnic table, wall, refuse container, or parts thereof, or any equipment, object or apparatus owned by the Department that is not designed or intended for that use.

f) For any person to take, appropriate, excavate, injure, destroy or remove any historical or prehistorical ruin, or parts thereof, or any object of antiquity, the total value of such items being less than $150 without prior written permission of the Director.

g) For any person to throw, carry, cast, drag, push or deposit any container or receptacle, picnic table, barricade, or any other Department-owned, -leased or -managed property into any waterway or upon the frozen waters, or otherwise move, stack or hide such property in a way that renders it unavailable to the general public for its intended use.

History

• Source: Amended at 45 Ill. Reg. 12553, effective September 24, 2021

Chapter I Department of Natural Resources

Subchapter a Lands

Part 110 Public Use of State Parks and Other Properties of the Department of Natural Resources

17 Ill. Adm. Code 110.90 Group/Activity Permits (repealed)

History

• Source: Repealed at 45 Ill. Reg. 12553, effective September 24, 2021

17 Ill. Adm. Code 110.95 Demonstrations

The holding or conducting of any public protest, demonstration, public meeting, gathering or parade to express opinions of governmental policies or practices and views on public issues on Department –owned, -leased or -managed property or facilities is prohibited unless a permit for such activity is issued by the Department.

a) A written request addressed to the Site Superintendent must be submitted at least 5 days in advance of the event. The written request shall state the name of the individual, organization, corporation, association, society, club, or group of whatever kind or nature seeking to use Department –owned, -leased or –managed property. The request shall also list the names and addresses of all officers or leaders, the dates and times sought, equipment to be used, if any, and the estimated number of participants.

b) Any group seeking a permit for 100 or more participants shall guarantee one person per 25 participants identified as marshals who will be responsible for meeting the conditions of the permit, ensure the demonstration remains peaceful and orderly and the participants remain within the physical boundaries of the permit.

c) The Department may refuse to issue a permit for the intended activity if it is determined that the intended activity will:

1. create or cause a safety hazard to the participants or other visitors to the site or create a hazard to the natural resources protected by the Department;

2. impede the performance of public business to be conducted in the area;

3. conflict in date, time, and place with a previously scheduled activity of another group; or

4. damage or threaten to damage physical property, cultural resources or other physical attributes of the site.

History

• Source: Amended at 45 Ill. Reg. 12553, effective September 24, 2021

17 Ill. Adm. Code 110.100 Littering

It shall be unlawful, on Department-owned, -leased or -managed property or facilities:

a) For any person using Department facilities to discard, abandon, place, or deposit on Department properties, except in containers provided, any wire, cans, bottles, glass, shotgun shells, paper trash, rubbish, garbage, cardboard, wood boxes or other insoluble animal, vegetable, metal, or mineral materials. This prohibition shall not apply to the scattering of cremated human remains in accordance with a valid permit issued pursuant to Section 110.105.

b) For any person to bring onto Department-owned, -leased or -managed property any of the items listed in subsection (a), with the express purpose of disposing, abandoning, or leaving any of these types of materials on Department-owned, -leased or -managed property, whether they are left or placed in proper containers or not.

History

• Source: Amended at 45 Ill. Reg. 12553, effective September 24, 2021

17 Ill. Adm. Code 110.105 Scattering of Cremated Human Remains

a) The scattering of cremated human remains is prohibited, except pursuant to the terms and conditions of a permit issued by the Department. The scattering of cremated human remains shall not be permitted within 100 feet of archaeological sites, within Illinois nature preserves, Illinois land and water reserves, and Illinois Natural Areas Inventory sites, or at State Historic Sites, State Memorials, and Miscellaneous Properties designated pursuant to 20 ILCS 3405/6.

b) A person seeking a permit for scattering cremated human remains shall submit an application to the Department, on a form approved by the Department, at least 14 days before the requested scattering date, to allow for Department review of the proposed scattering location and to avoid significant archaeological sites and/or environmentally sensitive areas. Applications for a permit for scattering cremated human remains shall be available on the Department's website, at Department headquarters and regional offices, and at State park offices.

c) The following conditions apply to the permitted scattering of cremated human remains, in addition to any terms and conditions specified in the permit:

1. The proposed scattering location must be out of sight of any public use areas, including, but not limited to, roads, walkways, trails, picnic areas, campgrounds and parking lots;

2. The proposed scattering location must be at least 200 feet from any lake, stream, watercourse or creek bed (running or dry);

3. Persons conducting the scattering of cremated human remains shall have a copy of the permit in their possession at all times during scattering activities;

4. Scattering of cremated human remains shall be conducted so as not to disturb other park users;

5. Ashes from cremated human remains must be spread over an area large enough to avoid leaving an identifiable accumulation or remains. The cremation identification disc must not be dispensed or left on site during or after scattering activity;

6. No container, urn, cross, symbol or memorial markers of any kind may be left on Department-owned, -leased or -managed property. The placement or planting of real or artificial flowers and/or memorial trees is also prohibited; and

7. Nothing in the permit shall relieve persons conducting the scattering of cremated human remains from the obligation to comply with any and all other applicable laws and regulations affecting the disposal of human remains and the use of Department-owned, -leased or -managed property.

d) Violation of the terms and conditions of a permit issued in accordance with this Section is prohibited and may result in the suspension or revocation of the permit in addition to any other applicable penalty.

History

• Source: Added at 45 Ill. Reg. 12553, effective September 24, 2021

17 Ill. Adm. Code 110.110 Prohibited Fishing Areas – Cleaning of Fish

It shall be unlawful for any person to take fish from the waters of any Department-owned, -leased or –managed property or facilities contrary to the rules and regulations of the Department at 17 Ill. Adm. Code 810, and further, any fish or parts of fish remaining from cleaning must be placed in a proper refuse container with a tight-fitting lid or removed from the area upon leaving.

History

• Source: Amended at 45 Ill. Reg. 12553, effective September 24, 2021

17 Ill. Adm. Code 110.120 Restricted Areas

It shall be unlawful, on Department-owned, -leased or –managed property or facilities:

a) For any person not authorized by the Department to enter or remain in any area or on any trail when that area or trail has, in whole or in part, been temporarily closed to use by visitors. Such closure shall be posted at the area or trail. Site Superintendents and Law Enforcement Officers of the Department, as well as other peace officers, are authorized to prohibit the use of closed areas, and it shall be unlawful for any person to disobey the rules and regulations posted relative to the closed area or the instruction/direction of authorized personnel.

b) For any person to enter or remain on any portion of a dedicated nature preserve area where posted rules and regulations prohibit entry to protect the natural fauna or flora within the area.

c) For any person to operate a non-handheld metal or mineral detection device. Persons must obtain a permit from the Department through the Chief of Lands, in advance, indicating the location where handheld devices will be used. Further, only a small pen knife, icepick or screwdriver shall be used by the permittee to recover any find in the area designated. After completing detection activity, the permittee must return the work area to its original state. No shovels, picks or entrenching devices of any size shall be used.

d) For any person to collect firewood or operate a chain saw in any area that has been closed or posted to prohibit that use. Department Site Superintendents shall prohibit such use in any area that does not allow the collecting of firewood, or has experienced illegal cutting of timber.

e) For any person to use electronic or electrical speakers or sound amplification system that emits sound into the use area of others at a volume that is disturbing or annoying to a reasonable person, except as authorized by Department permit. The decision to grant or deny a permit will be based upon the reason for the request and the time, date and type of activity, balanced against public enjoyment of the park.

History

• Source: Amended at 45 Ill. Reg. 12553, effective September 24, 2021

17 Ill. Adm. Code 110.140 Soliciting/Advertising/Renting/Selling

a) It shall be unlawful for any person to place signs or distribute advertising of any type on Department-owned, -leased or -managed property or facilities except as provided in subsection (b).

b) It shall be unlawful for any person to make or solicit sales or rentals of any kind or place signs or advertisements of any kind on Department –owned, -leased or -managed property or facilities without first obtaining written permission from the Director, the Director's designee or a Department permit to sell in accordance with Section 110.4(d), a lease and/or license in writing in accordance with 17 Ill. Adm. Code 150 or in the case of lands managed by the Department without first obtaining a permit, lease, and/or license from the owner of the property and the Department.

c) The Department shall only approve commercial signs, displays or advertisements that comply with the following guidelines (except as provided by contract with Department concessionaires):

1. all advertisements will be limited to an area designated by the site;

2. maximum size of advertisement will be 8½" X 12";

3. advertisements shall not be posted for more than 30 consecutive days;

4. vendor will be limited to one advertisement during the 30-day period. Posting will be on a first-come first-served basis; and

5. advertisement cannot espouse any illegal act.

d) Approval of advertising or displays on Department –owned, -leased or -managed property or facilities does not constitute endorsement of the advertised product, service, event or organization.

e) Signs, placards, banners, displays or any other form of advertisement related to a demonstration or protest are regulated by permit in accordance with Section 110.95 of this Part.

History

• Source: Amended at 45 Ill. Reg. 12553, effective September 24, 2021

17 Ill. Adm. Code 110.150 Swimming/Wading/Diving

It shall be unlawful for any person to swim, wade or bodily enter into the water at any Department-owned, -leased or –managed property. The exceptions to this rule include only the following:

a) areas designated by posting as allowing swimming. Where lifeguards are not posted, no person under 17 years of age may swim or be on the beach without supervision of a parent, guardian, or responsible adult (18 years of age or older) present. Designated swimming beaches shall conform to all rules and regulations of the Illinois Department of Public Health regarding public swimming beaches (77 Ill. Adm. Code 820.360);

b) areas where a Department employed lifeguard is on duty;

c) areas posted for other uses such as waterfowl hunting, water skiing, wade fishing or riding personal watercraft or inflatable devices; or

d) areas authorized for scuba diving. Scuba divers must have in their possession valid diving permits issued by the Site Superintendent. Permits are issued to keep track of name and location of divers, to ensure that divers are certified by a nationally recognized scuba certifying organization and to minimize user conflicts at sites.

History

• Source: Amended at 45 Ill. Reg. 12553, effective September 24, 2021

17 Ill. Adm. Code 110.160 Vehicles – Operation on Roadway – Speed – Parking – Weight Limit

It shall be unlawful, on Department-owned, -leased or -managed property:

a) For any person to operate any motor vehicle other than on roadways or trails designated for that activity, except that Site Superintendents shall, if it is to the Department's benefit, grant written permission to individuals or contractors to operate vehicles on areas other than roadways specifically posted as trafficways. These exceptions include, but are not limited to, access by lessees to leased property or adjacent private property; access by contractors to the contract work sites; and access by volunteers to project or program areas that assist the site.

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

2. For any person to operate any motor driven bicycle (as defined by Section 1-145.001 of the Illinois Vehicle Code), mini-bike, moped (as defined by Section 1-148.2 of the Illinois Vehicle Code [625 ILCS 5]),motorcycle or off-road vehicle unless it is on a roadway designated for vehicular use or on a designated area established by the Department for off-road vehicular use, except that Site Superintendents shall, if it is to the Department's benefit, grant written permission to individuals to operate these vehicles on areas other than those designated for off-road vehicular use. These exceptions include, but are not limited to, access by lessees to leased property or adjacent private property; access by contractors to the contract work sites; and access by volunteers to project or program areas that assist the site.

b) For any person to operate, or cause to be operated, any motor vehicle (as defined by Section 1-146 of the Illinois Vehicle Code [625 ILCS 5]) upon any road, path, or drive in any manner that is greater than 20 M.P.H. unless otherwise posted.

c) For any person to operate, or cause to be operated, any motor vehicle (as defined by Section 1-146 of the Illinois Vehicle Code [625 ILCS 5]) upon any parking area in any manner that is greater than 10 M.P.H. unless otherwise posted.

d) For any person to operate, or cause to be operated, any motor vehicle (as defined by Section 1-146 of the Illinois Vehicle Code [625 ILCS 5]) upon any road, path, parking area or drive at a speed which is greater than is responsible and proper with regard to traffic conditions and the use of the road, path, parking area, or drive, or endangers the safety of any person or property. The fact that the speed of a vehicle does not exceed the applicable maximum speed limit does not relieve the driver from the duty to decrease speed when approaching and crossing an intersection, approaching and going around a curve, when approaching a hill crest, when traveling upon any narrow or winding roadway, or when special hazard exists with respect to pedestrians or other traffic or by reason of weather or highway conditions. Speed must be decreased as may be necessary to avoid colliding with any person or vehicle on or entering the road, path, parking area or drive in compliance with legal requirements and the duty of all persons to use due care.

e) For any person to disobey a traffic control device.

f) For any person to park a motor vehicle in any area that is not posted as a parking area, or to park a vehicle in any area for the purpose of repair, except those immediate repairs necessary to remove the vehicle from the area immediately.

g) For any person to exceed a combined vehicle and content weight limit of 20,000 lbs. (10 ton) unless it is otherwise posted by sign on any Department roadway except that Site Superintendents shall, if it is to the Department's benefit, grant written permission to individuals or contractors to operate these vehicles on posted roadways. These exceptions include, but are not limited to, access by lessees utilizing farm equipment to get to leased property or adjacent private property; access by contractors to the contract work sites; access by vendors delivering materials.

h) For any person to operate a snowmobile in any portion of a park or recreation area, where snowmobiles are allowed to operate, with less than four inches of snow cover.

i) Except in cases of emergency, for any person to land or attempt to land any aircraft on Department-owned, -leased or -managed property without prior authorization for each landing or attempted landing from the Department.

History

• Source: Amended at 45 Ill. Reg. 12553, effective September 24, 2021

Chapter I Department of Natural Resources

Subchapter a Lands

Part 110 Public Use of State Parks and Other Properties of the Department of Natural Resources

17 Ill. Adm. Code 110.165 Bicycles – Operation on Roadway – Designated Trails

It shall be unlawful for any person to ride a bicycle or low-speed electric bicycle as defined by Section 1-140.10 of the Illinois Vehicle Code [625 ILCS 5] on Department-owned, -leased or -managed property or facilities:

a) except upon a roadway designated for vehicular use, parking lot, or posted bicycle trail or in a direction opposite of a posted one-way trail that bicycles or low-speed electric bicycles are authorized to use. An authorized employee of the Department may close the trail for safety reasons or to prevent damage to the trail or natural resources.

b) upon any road, path, bicycle trail, or drive in any manner that is greater than 20 M.P.H. unless otherwise posted.

c) upon any parking area in any manner that is greater than 10 M.P.H. unless otherwise posted.

d) upon any road, path, bicycle trail, parking area or drive and at a speed which is greater than is reasonable and proper with regard to traffic conditions and the use of the road, path, bicycle trail, parking area or drive, or endangers the safety or any person or property. The fact that the speed of a vehicle does not exceed the applicable maximum speed limit does not relieve the driver from the duty to decrease speed when approaching and crossing an intersection, approaching and going around a curve, when approaching a hill crest, when traveling upon any narrow or winding roadway, or when special hazard exists with respect to pedestrians or other traffic or by reason of weather, highway or trail conditions. Speed must be decreased as may be necessary to avoid colliding with any person or vehicle on or entering the road, path, bicycle trail, parking area, or drive in compliance with legal requirements and the duty of all persons to use due care.

e) disobey a traffic control device.

History

• Source: Amended at 45 Ill. Reg. 12553, effective September 24, 2021

17 Ill. Adm. Code 110.170 Weapons and Firearms – Display and Use

Unless otherwise allowed by statute, it shall be unlawful for any person, other than authorized peace officers, to display or use a weapon or firearm on Department-owned, -leased or -managed properties, except as authorized by the Department for hunting (see 17 Ill. Adm. Code 510, 530, 550, 570, 590, 650, 660, 670, 680, 690, 710, 715, 720, 730, and 740), at field trials (see 17 Ill. Adm. Code 910), or at target or special event areas. This includes, but not is not limited to, any firearm including shotgun, rifle, pistol, revolver, air or BB gun, and sling shot, bow and arrow, switchblade knife with spring loaded blade, throwing knife, tomahawk or throwing axe, or martial arts devices.

History

• Source: Amended at 45 Ill. Reg. 12553, effective September 24, 2021

17 Ill. Adm. Code 110.175 Nudity Prohibited

It shall be unlawful for any person to sunbathe nude, or expose their genital area in a public place on Department owned or controlled property.

History

• Source: Amended at 24 Ill. Reg. 12556, effective August 7, 2000

17 Ill. Adm. Code 110.180 Violation of Rule

a) Any person who violates any provision of this Part or Illinois law shall be subject to arrest and/or removal from the premises where the violation occurred.

b) Anyone who is arrested, removed from Department lands, or cited for a violation of this Part and who has paid an activity fee or a permit fee shall not receive a refund of such fee.

History

• Source: Amended at 45 Ill. Reg. 12553, effective September 24, 2021

Chapter I Department of Natural Resources

Subchapter a Lands

Part 110 Public Use of State Parks and Other Properties of the Department of Natural Resources

17 Ill. Adm. Code 110.185 Emergency Modification of Site Rules

In the event of a national or State emergency, declared as such by the federal or State government, that directly or indirectly affects the operations or programs at State parks or other properties of the Department, including leased properties, any site specific administrative regulations affected by the emergency situation may be modified by posting the modification at the site and by issuance of a public announcement. The modification shall not extend beyond the period of the declared emergency or disaster, unless adopted through amendment of Department rules under the Illinois Administrative Code. Rescission of the modification shall be posted at the site and publicly announced.

History

• Source: Amended at 45 Ill. Reg. 12553, effective September 24, 2021

17 Ill. Adm. Code 110.190 Approval of Friends Groups for Department Sites

a) The Department's Friends Group Program consists of Department approved groups that are dedicated to enhancing, preserving and protecting Department‑owned, ‑leased or -managed sites, including, but not limited to, providing interpretive and educational activities. Groups that participate in the Program volunteer on a regular basis for approved projects and activities to promote, support, rehabilitate, repair and further develop Department‑owned, -leased or -managed sites. Groups may also sponsor activities and outdoor recreation at the site and are exempt from activity permit, permit to sell, and facility usage fees. A Friends Group shall reinvest in, or return to, the site all profits made from:

1. fundraisers;

2. recreational events;

3. educational events;

4. the sale of all items, including, but not limited to, souvenirs and other gifts; and

5. monetary donations.

b) Application Process for becoming a Department Friends Group. A group seeking recognition as a Friends Group shall submit to the Department:

1. a letter of intent to organize an official Department Friends Group;

2. the organization's mission statement;

3. the organization's bylaws;

4. documentation of good standing as a not-for-profit corporation under the General Not-For-Profit Corporation Act of 1986 [805 ILCS 105]; and

5. documentation that the organization is a 501(c)(3) entity under federal tax law.

c) Approval Criteria. Upon receipt of a complete application packet as described in subsection (b), the Department shall consider the following when making a determination to approve or deny a Friends Group request:

1. current needs of the site;

2. the organization's experience and past accomplishments;

3. size of the organization; and

4. the organization's intent and ability to enhance, preserve and protect Department-owned, -leased or -managed sites, including, but not limited to providing interpretive and educational activities.

d) The Department reserves the right to approve or deny Friends Group applications based on the criteria listed in subsection (c).

e) Upon approval, the Department will provide the organization with a Memorandum of Understanding for execution. Violation of the Memorandum of Understanding by the approved Friends Group may result in loss of Friend’s Group status and privileges.

History

• Source: Added at 45 Ill. Reg. 12553, effective September 24, 2021

17 Ill. Adm. Code 110.200 Purpose

The purpose of the Adopt-a-Trail program is to promote public involvement in and increased public appreciation of the many trails throughout the State of Illinois by allowing volunteer groups to assist in maintaining and enhancing trails on State-owned land.

History

• Source: Added at 43 Ill. Reg. 1624, effective January 17, 2019

Chapter I Department of Natural Resources

Subchapter a Lands

Part 110 Public Use of State Parks and Other Properties of the Department of Natural Resources

17 Ill. Adm. Code 110.210 Definitions

"Accessibility projects" – means projects that provide improved access to trails or trail amenities for all trail users, but especially for trail users with disabilities.

"Adopt-a-Trail Agreement" – means a legally binding document on and between a volunteer group and the Department in which the volunteer project is fully described and the parties' individual responsibilities as related to the volunteer project are defined.

"Adopt-a-Trail Program" or "Program" – means the program created by Section 805-45 of the Department of Natural Resources (Conservation) Law [20 ILCS 805/805-45].

"Application" – means a request, submitted on a form provided by the Department, by a volunteer group proposing to engage in a volunteer activity on a trail or a segment of a trail.

"Authorized representative" – means an individual who has been approved to act on behalf of the Department.

"Department" – means the Illinois Department of Natural Resources.

"Eligible member" – means an individual who has complied with all existing Department procedures, as well as any other federal, State or local requirements, to participate as a volunteer of the Department.

"Law" – means the Department of Natural Resources (Conservation) Law [20 ILCS 805].

"Public information and assistance" – means projects that are associated with events in which volunteers may provide information and assistance during the event.

"Responsible party" – means an individual who will coordinate an approved volunteer group, and ensure compliance with the submitted project proposal, Section 805-45 of the Law and this Part while that group is engaged in Adopt-a-Trail activities on Department land.

"Special events" – means a function or occasion held on an adopted trail, trail segment or trail system in association with a specific purpose for attendance or participation.

"Spring cleanups" – means projects that assist in the removal of natural debris and plant materials that may have accumulated over the period of closure.

"Trail" – means a named trail, or segment of a named trail, agreed upon and approved by the Department.

"Trail maintenance, enhancement or realignment" – means projects that focus on general maintenance and removal of trash and natural debris. Enhancement means projects that focus on Department approved alterations that enhance and improve the trail and trail user experience.

"Training" – means projects that educate volunteers on the Adopt-a-Trail program or elements associated with projects.

"Volunteer group" – means a group of individuals approved by the Department that consists of at least 6 eligible members who are 18 years of age or older, or a school or scout group that will be supervised by someone 18 or older, who offer to perform services or undertakings approved by the Department through an Adopt-a-Trail project.

History

• Source: Added at 43 Ill. Reg. 1624, effective January 17, 2019

17 Ill. Adm. Code 110.215 Registration

a) Volunteer groups must register with the Department to participate in the program.

b) Individual members must also register with the Department to participate in the program.

c) No unregistered persons will be permitted to take part in any Adopt-a-Trail activities.

d) Members, whether a group or an individual, shall be responsible for updating any changes in their personal information.

History

• Source: Added at 43 Ill. Reg. 1624, effective January 17, 2019

17 Ill. Adm. Code 110.220 Application

Volunteer groups that wish to participate in the Adopt-a-Trail program are required to submit an Adopt-a-Trail application pursuant to Section 110.235. All applications are subject to review, amendment and acceptance by the Department.

History

• Source: Added at 43 Ill. Reg. 1624, effective January 17, 2019

17 Ill. Adm. Code 110.225 Agreements

a) After the Department accepts a volunteer group's application, the Department will provide that group with an Adopt-a-Trail Agreement to review, sign and return to the Department's authorized representative. The Department may unilaterally suspend or terminate an Agreement at any time for any reason.

b) Adopt-a-Trail Agreements shall involve:

1. a two-year term of work, that involves at least 200 hours of service;

2. a group of at least 6 eligible members.

History

• Source: Added at 43 Ill. Reg. 1624, effective January 17, 2019

17 Ill. Adm. Code 110.230 Type of Work Permitted

a) Any Adopt-a-Trail Agreement may propose certain volunteer activities to be performed solely by registered volunteers at their own risk. Adopt-a-Trail volunteer activities may include any of the following:

1. Spring cleanups;

2. Accessibility projects;

3. Trail maintenance, enhancement or realignment;

4. Public information and assistance; or

5 Training.

b) Volunteer activities shall not include work historically performed by Department employees, including activities that result in a reduction of hours or compensation or that may be performed by a Department employee on layoff, nor shall volunteer activities be inconsistent with the terms of a collective bargaining agreement. [20 ILCS 805-45]

c) The Department may approve other proposed volunteer activities on a case-by-case basis.

History

• Source: Added at 43 Ill. Reg. 1624, effective January 17, 2019

17 Ill. Adm. Code 110.235 Form of Submittal of Adopt-a-Trail Applications

Adopt-a-Trail applications shall be submitted to the Department by providing the application to the site superintendent. Application forms are provided on the Department's website at www.dnr.illinois.gov. Applications shall be submitted during January or at the request of the Department throughout the year, as determined by operation needs.

History

• Source: Added at 43 Ill. Reg. 1624, effective January 17, 2019

17 Ill. Adm. Code 110.240 Department Approval

The Department has the sole and final authority to accept, modify or deny an Adopt-a-Trail application or Agreement. The Department may elect to have multiple Adopt-a-Trail Agreements for specific trails and may select more than one group to cover any given trail or trail segment. The operational needs of the Department for work at any particular site will determine how proposed volunteer activities are selected and executed.

History

• Source: Added at 43 Ill. Reg. 1624, effective January 17, 2019

17 Ill. Adm. Code 110.245 Coordination

The Department shall be responsible for coordination of Adopt-a-Trail and similar programs such as Adopt-a-Park.

History

• Source: Added at 43 Ill. Reg. 1624, effective January 17, 2019

17 Ill. Adm. Code 110.250 Volunteer Responsibilities

Volunteer groups shall, at all times, comply with the Act, this Part, Department application procedures, and any subsequent Adopt-a-Trail Agreement.

History

• Source: Added at 43 Ill. Reg. 1624, effective January 17, 2019

Chapter I Department of Natural Resources

Subchapter a Lands

Part 115 Competitive Tournament Fishing on State Owned and/or Leased Water Areas

17 Ill. Adm. Code 115.10 Purpose of Rulemaking

The Department of Natural Resources (Department), having determined the necessity to regulate the use of its water areas, launching facilities and parking areas by groups, organizations and individuals engaged in the sponsorship of Competitive Fishing Tournaments, proposes the following regulations.

History

• Source: Amended at 16 Ill. Reg. 4835, effective March 17, 1992

17 Ill. Adm. Code 115.20 Definitions

For purposes of this Part, "Competitive Fishing Tournament" means any fishing event or contest on State owned or leased waters meeting any of the following criteria:

a) 25 or more anglers participating in the event, or

b) 10 or more boats to be used during the competition, or

c) total prizes exceeding $500.00 in value.

17 Ill. Adm. Code 115.30 Regulated Sites

A permit is required for each competitive fishing tournament event at the following waters:

Coffeen Lake, Coffeen Lake State Fish and Wildlife Area, Montgomery County

Millers Hollow Access Area, Mississippi Pallisades State Park, Carroll County

Newton Lake, Newton Lake Fish and Wildlife Area, Jasper County

Sangchris Lake, Sangchris Lake State Park, Sangamon and Christian Counties

Spring Lake, Spring Lake North and Spring Lake South, Spring Lake State Fish and Wildlife Area, Tazewell County

History

• Source: Amended at 30 Ill. Reg. 10089, effective May 22, 2006

17 Ill. Adm. Code 115.40 Application and Reporting Requirements

a) Application for a competitive fishing tournament permit must be made by the tournament director or sponsor to the site superintendent for the site where the tournament is to be held. The application must be made at least 60 days prior to the proposed tournament date and contain the following information:

1. name, address, and phone number of tournament director;

2. tournament name and sponsor;

3. proposed location, dates and time;

4. proposed weigh-in location;

5. anticipated number of anglers; and

6. signature of tournament director.

b) All permits will be issued on a first-come, first-served basis.

c) Applications for permits will not be accepted more than one (1) year in advance of the event or contest date.

d) The Competitive Fishing Tournament Permit shall be available for inspection by Department personnel at the weigh-in sites.

History

• Source: Amended at 16 Ill. Reg. 4835, effective March 17, 1992

17 Ill. Adm. Code 115.50 Contest or Event Requirements

a) Competitive fishing tournament use of any site will be limited to 60% of the available parking facilities at each individual launching area.

b) All weigh-ins shall be conducted at a location approved by the Department.

History

• Source: Amended at 16 Ill. Reg. 4835, effective March 17, 1992

17 Ill. Adm. Code 120.10 Purpose

a) The water resources within or upon lands owned or managed by the Department of Natural Resources (Department) constitute a tremendous natural resource. It is the mission of the Department to manage the waters under its control for resource protection and outdoor recreation.

b) Many Department-owned lakes were constructed utilizing federal grant-in-aid dollars. When uses other than those authorized under federal grant requirements are contemplated for these funded lakes, the Department must ensure that such uses are compatible with federal grant requirements.

c) Withdrawal of water (including ponds, lakes, streams, wetlands, canals and groundwater) from properties owned by or under the control of the Department shall not be done without written approval from the Department. Requests for withdrawal of water will be evaluated by criteria set forth in this Part.

d) This Part does not apply to Lake Michigan or any other public bodies of water administered under the Rivers, Lakes and Streams Act [615 ILCS 5]; Kaskaskia River below Carlyle Dam or water storage in Carlyle Lake and Lake Shelbyville administered under the Kaskaskia River Watershed and Basin Act [615 ILCS 75]; water storage in Rend Lake administered under the Rend Lake Dam and Reservoir on the Big Muddy River Act [70 ILCS 2115]; or water storage in Kinkaid Lake administered under the Big Kinkaid Creek Reservoir Act [615 ILCS 80].

17 Ill. Adm. Code 120.20 Water Withdrawal Criteria

The following criteria will be used to evaluate requests for water withdrawal and failure to meet these criteria will result in rejection:

a) Demonstration of Need

The party requesting the use of water from a Department site must provide information which demonstrates that it has exhausted reasonable alternatives to satisfy its water needs.

b) Compatibility With Fish Management or Other Site Management Activities

For example: If a lake has a history of use or the need to utilize fishery management chemicals (aquatic herbicides or fish toxicants) these facts must be taken into consideration during the Department's review of water withdrawal requests. Information on the use of chemicals must be provided to the requestors in the interest of public health and safety. The District Fisheries Biologist will notify the Site Superintendent annually, by January 31, of all use of chemicals on waters of a site under his control. This notification will include the type of chemical, the date a chemical was applied, the purpose of the application and how many pounds/gallons were applied.

c) Compatibility With Migratory Bird Management Activities

For example: If a wetland has a history of being dewatered on a seasonal basis for the purpose of managing migratory birds, these factors must be taken into consideration during the Department's review of water withdrawal requests.

d) Overwintering and Summer Survival of Aquatic Life

In any water withdrawal situation, sufficient water depth must remain to allow overwintering and summer survival of the water area's aquatic life. Winter-kill risk must be minimized in case refilling prior to winter does not occur following withdrawal, and thermal refuges must be maintained throughout the summer.

e) Consideration of Federal Requirements

In all cases where federal funding was utilized in acquiring or developing a site/lake, the associated federal requirements must be considered in the review of water withdrawal requests and inherent obligations must be honored.

f) Physical Attributes of the Lake and Watershed

The morphological configuration of the lake in question should be analyzed to determine the amount of water which may be withdrawn. Factors such as the lake's maximum depth, average depth, ratio of littoral zone to total lake acreage, watershed to lake ratio, inflow/outflow hydrograph of the impoundment for water recharging, spawning requirements and the location of boat ramps and dockage all must be considered.

g) Presence of Endangered or Threatened Species

Water withdrawal from surface waters providing habitat for endangered or threatened species will require review by the Endangered Species Program Manager.

h) Proximity of a Withdrawal Request to or in a Designated Illinois Nature Preserve

A request of this nature will require coordination with, and concurrence by, the Illinois Nature Preserve Commission. Proximity of a withdrawal request to or in a natural area will require review to ensure there will be no negative impact on the natural area.

i) Withdrawal Method Impact

The method of water removal will be considered as a significant factor in the consideration of requests to withdraw water. Under certain circumstances, the method of water withdrawal could be more damaging to the resource and to Department programs than the loss of water itself. Consequently, Department staff involved in the review process will consider the impact of the requested withdrawal as follows:

1. Mobile tank:

A) road conditions, weight limits and required permits (Department roads and local public roads);

B) water loading point conflicts with Department programs;

C) visitor, staff and permittee safety;

D) method of filling tank (noise, aesthetic and storage impact); and

E) need for Department supervision and impacts upon other activities.

2. Pipelines:

A) location must not impact roads, trails, other use areas or sensitive resources;

B) pipe intake must be constructed to avoid resource damage;

C) construction and removal activity must not impact other sites; and

D) permanent pipelines will require formal planning and licensing.

3. Spillway release from impoundment:

A) flow must be regulated and stopped as desired;

B) critical downstream activity must not be negatively impacted; and

C) adequate Department staff must be available to conduct operations.

4. Water Wells:

A) well location must not impact sensitive natural resources;

B) the drilling method employed should be chosen to avoid impacts on surrounding sensitive natural resources;

C) the construction, site clean-up, and removal activity must not impact surrounding sensitive natural resources; and

D) discharge of water from test pumping after well completion (such as for well development and yield determination) must be controlled to avoid impacts on surrounding sensitive natural resources.

17 Ill. Adm. Code 120.30 Restrictions and Special Considerations

a) If upon completion of an environmental review a request is approved, all water withdrawn, except as described in Section 120.30(c), shall be by contract. The contract shall be prepared by Department staff and signed by the Director or his designee.

b) Withdrawers shall be charged a base fee of $35 per permit issued, plus 15 cents per 1,000 gallons of water withdrawn, except for emergency use as defined in subsection (c).

c) Site superintendents may allow emergency withdrawal without a contract for situations which constitute an immediate peril to life or property, such as fire control.

d) In no case should a water area be pumped dry without consultation with the DNR resource divisions of fisheries, forestry, wildlife and natural heritage.

e) This Part shall have no effect on pre-existing contracts, nor shall such pre-existing contracts be deemed to affect this Part.

f) A requestor will be provided information on the types of chemicals and the amounts utilized on the water area. The requestor will be required to sign a statement that he/she received this information.

g) If, after a request for water withdrawal is approved, a situation arises in which further water withdrawal could prove to be detrimental to the resource, withdrawal may be halted at the discretion of the site superintendent with written notification provided to the requestor.

17 Ill. Adm. Code 130.10 Location

Camping will be permitted only in established campgrounds on designated areas. Camping is prohibited in any other area.

17 Ill. Adm. Code 130.20 Purpose of Campground

a) Campgrounds on lands managed by the Department of Natural Resources are established for the convenience and enjoyment of outdoor recreation by the visiting public. Illinois Department of Natural Resources' campgrounds are not places for permanent or semi-permanent residences, bases for operations or a business, or facilities for non-camper residences. All campground amenities are for the sole purpose of registered camping parties (i.e., showers, dump stations, dumpsters, etc.).

b) All campground amenities are for the sole purpose of registered camping parties (i.e., showers, dump stations, dumpsters, etc.), except dump stations may be used by non-campers for dumping of wastewater from recreational vehicles and camping trailers, provided the required dumping fee listed in Section 130.70 is paid.

History

• Source: Amended at 32 Ill. Reg. 8406, effective May 21, 2008

17 Ill. Adm. Code 130.30 Classification of Camps by Equipment Used – Definitions

a) Tent Camp – any camp using a fabric-type shelter erected on the ground, and not a part of a trailer unit as the basic unit that has been transported to the camp site by a motor vehicle.

b) Trailer Camp – any camp which has a trailer, of not more than 40 feet in total overall length including any extensions forward or backward beyond the living quarters, as the basic shelter unit. This includes tent trailers, the standard travel trailer, or boats mounted on a trailer and used as the basic shelter unit.

c) Vehicle Camp – any camp using a vehicle as the basic shelter unit. This includes converted buses, manufactured camper buses, and automobiles, of not more than 40 feet in total overall length, when used as the main sleeping and shelter unit of the camp.

d) Primitive Camp – any camp using a shelter carried to a site via bicycle, canoe, horse or on the back of a camping member.

e) Group Organization Camp – any camp using any one or combination of the various types of shelter when the camping group makeup qualifies as an organization camp, according to Sections 130.120 and 130.130.

f) Boat Camp – any camp using a boat which is anchored off the area shore or tied on Department water frontage for shelter and sleeping. When the boat is placed on a camp site and used as a basic unit of the camp, it will then be classified as a trailer camp (subsection (b) above).

g) Cabin Camp – any camp using a wooden-type shelter erected on a concrete pad as a permanent structure and within a campground.

History

• Source: Amended at 22 Ill. Reg. 11781, effective June 24, 1998

Chapter I Department of Natural Resources

Subchapter a Lands

Part 130 Camping on Department of Natural Resources Properties

17 Ill. Adm. Code 130.40 Definitions

"Barracks" means a temporary housing structure characterized by its plainness and minimal amenities offered.

"Camp" means a single family or group occupying one site within a Departmentally managed site, established and maintained for the sole purpose of camping, including the use of tents, trailers or any other type of camping device.

Where campgrounds are laid out in defined sites, in no case will 2 or more tent trailers, travel trailers, self-propelled mobile campers, pick-up campers, or any combination thereof be considered a single camp.

Where campgrounds are not laid out in sites, the number of camps will be determined by the capacity of the existing sanitary facilities, parking areas, soil and turf conditions, potential social conflicts between campers due to crowding, and similar factors as determined by Department staff.

"Camp Shelter" means the portable equipment used by the single family or group for bedding and housing. If more than one camp shelter is required for the single family or group, they shall occupy separate campsites. (Exceptions: Minor children (under 18) sleeping in sleeping bags or in a tent outside the family shelter are considered occupants sharing the same shelter. A group of no more than 4 occupants may occupy up to 2 or 4 one-man tents on a single campsite.)

"Department" means the Illinois Department of Natural Resources.

"Premium Campground" means a designated camping facility that has a preponderant history of consistently operating at capacity or has unique amenities, such as automated trap and skeet ranges, that are not typically offered at other State camping facilities. The following sites are designated as Premium Campgrounds: Chain O'Lakes State Park, Illinois Beach State Park, Kankakee River State Park, the World Shooting and Recreational Complex (WSRC), Rock Cut State Park, Shabbona Lake State Recreation Area and Starved Rock State Park.

"Single Family" means either or both parents and unmarried children. Other family members will be considered part of the family as long as they occupy the same shelter, but not to exceed a total of 4 adults (18 years of age or older).

"Single Group" means unrelated adults (18 years of age or older) with or without children occupying the same shelter. This group shall not exceed 4 occupants (except for Rent-A-Camp sites with an extra large tent, which shall not exceed 8 occupants and a campground cabin, which shall not exceed 6 occupants).

History

• Source: Amended at 43 Ill. Reg. 4826, effective April 11, 2019

17 Ill. Adm. Code 130.50 Registrations

a) A permit will be issued and fees collected at the time the camp is established with the camp shelter in place or as soon as possible thereafter (see Sections 130.70 and 130.80). A responsible adult (18 years of age or older) from the camping party must register for the party and thereby acknowledge compliance with the rules and regulations of the park for the party.

b) The camping attendant has the authority to assign sites.

c) Curfew: the provisions of Section 1 of the Child Curfew Act [720 ILCS 555/1] with reference to curfew for persons under the age of 17 years are in effect on Department of Natural Resources' properties.

d) No camping equipment shall be placed on any campground site while that site is occupied by another camping party. A person acquiring a permit must have camp shelter at the time of registration and must occupy the site at that time.

e) In "emergency situations", the camping attendant may designate an area and charge a fee commensurate with facilities provided (see Section 130.70).

f) Reservations will be accepted at selected sites offering reservation service. A $5 non-refundable fee must be submitted for each site reserved. The full amount of the camping fee and utility fee (if applicable), in addition to the $5 per campsite non-refundable reservation fee, is required at the time reservation is made. The Department may set, by public announcement, minimum stay requirements and reservation cut-off dates. Cancellations made after the reservation cut-off dates will be subject to loss of one night's camping and utility fee (if applicable).

History

• Source: Amended at 34 Ill. Reg. 10791, effective July 16, 2010

17 Ill. Adm. Code 130.60 Permits, Extensions and Time Limits

a) A camp permit may be issued for a period not to exceed 14 consecutive nights between the dates of May 1 through September 30. Persons are eligible to camp at a specific Department of Natural Resources' facility for a maximum of 14 nights in a 30 day period between the dates of May 1 through September 30. During this period, sites with designated long term campsites can allow campers to register for up to 30 days in a 45 day period. The 30 and 45 day period starts from the first day the person actually obtains a bona fide camping permit and the camping equipment involved is subject to these limitations also. From October 1 through April 30, a camping permit may be issued for an unlimited number of nights during this time period.

b) Exceptions to the above time limit may be made in the following instance: In bona fide emergency cases involving serious illness or accident which makes compliance with the rules impossible and only for the duration of the emergency – the burden of proof is on the permittee and the Site Superintendent should be satisfied by investigation or inquiry that facts in the case warrant consideration before granting an extension.

c) During periods when a vacancy occurs in the reservation schedule at the Pere Marquette group camps, day use shall be allowed during a twelve-hour period beginning at 9:00 a.m. and ending at 9:00 p.m. Reservations will be made by application to the site superintendent. (Application requirements: name of organization, address, number of campers, person in charge, phone number, and age of campers.)

History

• Source: Amended at 21 Ill. Reg. 9034, effective June 26, 1997

Chapter I Department of Natural Resources

Subchapter a Lands

Part 130 Camping on Department of Natural Resources Properties

17 Ill. Adm. Code 130.70 Fees and Charges

a) The full amount of the camping fee and, if applicable, the utility fee shall be collected at the time the permit is issued. If checks are taken, they shall be made payable to the Illinois Department of Natural Resources and the site identified. Camping fees vary according to the type of campground and are as follows:

1. Spring-Summer Camping (rates apply May 1 through September 30, except at the WSRC during sanctioned shooting events when camping is reserved for event participants via a licensing agreement between the event sponsor and the Department)

A) Class AA Sites: Camping fee of $15 per night per site, $10 utility fee. Sites having availability to showers, electricity, water hookups, sewer hookups, and vehicular access. The camping fee shall be $25 per night on Friday, Saturday and Sunday of the Memorial Day and Labor Day holiday weekends and on Friday, Saturday and Sunday nights of the Independence Day weekend if July 4 falls on a Friday, Saturday, Sunday or Monday.

B) Class A Sites: Camping fee of $10 per night per site, $10 utility fee. Sites having availability to showers, electricity and vehicular access. The camping fee shall be $20 per night on Friday, Saturday and Sunday of the Memorial Day and Labor Day holiday weekends and on Friday, Saturday and Sunday nights of the Independence Day weekend if July 4 falls on a Friday, Saturday, Sunday or Monday.

C) Class A Premium Sites: Camping fee of $15 per night per site, $10 utility fee. Sites having availability to showers, electricity and vehicular access. The camping fee shall be $25 per night on Friday, Saturday and Sunday of the Memorial Day and Labor Day holiday weekends and on Friday, Saturday and Sunday nights of the Independence Day weekend if July 4 falls on a Friday, Saturday, Sunday or Monday.

D) Class B-E Sites: Camping fee of $8 per night per site, $10 utility fee. Sites having availability to electricity and vehicular access.

E) Class B-E Premium Sites: Camping fee of $10 per night per site, $10 utility fee. Sites having availability to electricity and vehicular access.

F) Class B-S Sites: Camping fee of $10 per night per site. Sites having availability to showers and vehicular access.

G) Class B-S Premium Sites: Camping fee of $12 per night per site. Sites having availability to showers and vehicular access.

H) Class C Sites: Camping fee of $8 per night per site. Sites having vehicular access or tent camp/primitive sites (walk-in or backpack) having availability to showers.

I) Class D Sites: Camping fee of $6 per night per site. Tent camping or primitive sites with no vehicular access.

J) Youth Group Camping: $2 per person, minimum daily camping fee of $20.

K) Adult Group Camping: $4 per person, minimum daily camping fee of $40.

L) Each member of an organized group utilizing facilities furnished at Dixon Springs State Park, Horseshoe Lake State Fish and Wildlife Area (Alexander County) and Pere Marquette State Park shall pay a fee of $4 per night. At Dixon Springs and Horseshoe Lake State Fish and Wildlife Area (Alexander County), a deposit of $40 will be required before confirmation of a reservation. The deposits will be credited to the total camping fee. At Pere Marquette, a deposit of $100 will be required before confirmation of a reservation. The deposits will be credited to the total camping fee. At Pere Marquette and Dixon Springs, deposit balances will not be refunded until inspection is made of the facilities after the group departs. If damages warrant, Pere Marquette and Dixon Springs will have authority to retain this deposit. Fees for day use of the group camps at Dixon Springs, Horseshoe Lake State Fish and Wildlife Area (Alexander County) and Pere Marquette shall be $75 per day.

M) Rent-A-Camp Tents at Primitive Sites

If resources and funding allow, the Department, or the Department's concessionaire (see 17 Ill. Adm. Code 150), will make available Rent-A-Camp Tents for use at primitive sites at designated State parks and recreational areas throughout the Department's statewide system. A Rent-A-Camp Tent will provide, at a minimum: an already erected tent on a platform, one sleeping mattress, one charcoal grill, one picnic table, and one trash barrel. The overnight fee for a Rent-A-Camp Tent will be based on the basic fee of $6 per night for a primitive (Class D) camping site (see subsection (a)(1)(I)) and the per-night fee charged by the Rent-A-Camp Tent concessionaire for access to the camping amenities listed in this subsection (a)(1)(M) and set-up costs. Depending on availability, and at the concessionaire's discretion, a camper may obtain additional amenities, including additional sleeping mattresses, from the concessionaire for an additional fee for each amenity.

N) Rent-A-Camp Cabin areas will provide, at a basic cabin rental fee of $25 per night, one 2-bedroom cabin with 2 bunk beds, one full-sized bed, ceiling fans, electric heaters, table with chairs, one charcoal grill, one picnic table, and one trash barrel. The total overnight fee for a Rent-A-Camp Cabin will be based on the basic fee plus Class specific utility and camping fees, as follows:

i) Rent-A-Camp Cabins at Class A Sites:

$25 cabin rental plus $10 utility fee and $10 camping fee per night, per site at all sites having availability to showers and vehicular access.

ii) Rent-A-Camp Cabins at Class A Premium Sites:

$25 cabin rental plus $10 utility fee and $15 camping fee per night, per site at all sites having availability to showers and vehicular access.

iii) Individual Rent-A-Cabins at Dixon Springs State Park:

rented individually – not by organized groups pursuant to subsection (a)(1)(L); $60 cabin rental, $45 barrack fee per unit.

iv) Individual Rent-A-Cabin (boathouse) at Siloam Springs State Park: $80.00 cabin rental.

O) A $5 per campsite non-refundable reservation fee must be remitted at those facilities offering reservation services. This fee applies to reservations for group campsites as well as individual site reservations and individual Rent-A-Camp Cabin and individual Rent-A-Camp Tent reservations. In addition to the $5 non-refundable fee, the full amount of the camping and utility fee (if applicable) is required at the time reservations are made.

P) Dumping of wastewater from recreational vehicles and camping trailers by persons who are not registered campers will cost $5 per vehicle.

2. Fall-Winter Camping (rates apply October 1 through April 30, except at the WSRC during sanctioned shooting events when camping is reserved for event participants via a licensing agreement between the event sponsor and the Department)

A) As long as buildings, water and electrical service are available, regardless of the date, the regular camping fee will apply.

B) When cold weather requires closing down buildings and shutting off water in any Class A or B campgrounds, the fee shall be reduced commensurate with the services and facilities available for use.

C) The fee for primitive campsites shall be $6 per site. When a change in facilities is made and a campsite is reclassified, the fee for a site will change automatically.

b) Exceptions: Employees, Concessionaires, and Special Legislation

1. Persons who qualify and are placed in the campground host program at approved camping sites will not be required to pay the established camping fee.

2. The concessionaire, manager, or a responsible employee designated by the concessionaire will not be charged the regular camping fee. Rent will be paid at the rate established by the Department or pursuant to the concession lease.

3. An Illinois resident age 62 or older, or a person who has a Class 2 disability as defined in Section 4A of the Illinois Identification Card Act [15 ILCS 335] or a disabled veteran, or a former prisoner of war as defined in Section 5 of the Department of Veterans Affairs Act [20 ILCS 2805], is entitled to the following camping fee provisions, upon qualifying, which will allow the spouse or minor (under 18) children, or minor grandchildren to be included in the camping party. All other members must be registered and pay the regular camping fee for the facilities provided.

A) Illinois residents age 62 or older will be charged one-half the established camping fee on any Monday, Tuesday, Wednesday, or Thursday, at Class AA, A Premium, A, B-E Premium, B-E, B-S Premium, and B-S sites but must pay the entire established camping fee on all sites on any Friday, Saturday or Sunday, and, if at a site with utilities, must pay the entire utility fee for each day of camping. Verification of age may be made by any document required by law to establish proof of age and date of birth and issued by a federal or state governmental agency. No fee on Class C and D sites Monday through Thursday.

B) Illinois residents who have a Class 2 disability and present a current Illinois Disabled Person Identification Card issued by the Secretary of State will be charged one-half the established camping fee for Class AA, A Premium, A, B-E Premium, B-E, B-S Premium and B-S sites on any Monday, Tuesday, Wednesday or Thursday, but must pay the entire established camping fee for any Friday, Saturday or Sunday, and, if at a site with utilities, must pay the entire utility fee for each day of camping. No fee on Class C and D sites. Parents or legal guardians, aged 18 or over, of minors who have a current Class 2 Illinois Disabled Person Identification Card may register the campsite at the reduced rate specified in this subsection (b)(3)(B) for disabled persons, provided the disabled minor is present and camping at the same site as the parent or legal guardian.

C) An Illinois resident who is a disabled veteran or former prisoner of war may camp without being charged a camping fee, but if at a site with utilities, must pay the entire utility fee for each day of camping. An individual wishing to qualify for free camping under the provisions stated above must be able to submit the appropriate document issued by the Illinois Department of Veterans' Affairs (see 20 ILCS 2805/5).

c) World Shooting and Recreational Complex

The Department may establish the fees for use of all or parts of the campground at the WSRC through the negotiation of contracts for events to be held at the WSRC. The Department shall consider the numbers of camping spaces reserved and the services provided at each campsite when establishing fees by contract. All other fees set forth in this Section shall apply to public camping at the WSRC.

History

• Source: Amended at 45 Ill. Reg. 11067, effective August 27, 2021

17 Ill. Adm. Code 130.80 Refunds

a) A refund of camping and utility fees for unused time shall be made, within 7 days after departure, upon the request of the registered camper. No personal check refunds shall be made sooner than 10 days after the check has been deposited to insure clearance. Refunds will be made in the field out of current cash receipts. Refunds for Camper's Permit will be prepared and appropriate copies submitted to accounting. Full refunds of camping and utility fees (if applicable) for reserved camp sites shall be made, less the non-refundable reservation fee, provided the camper cancels the reservation before the reservation cut-off date set by the Department. Cancellations made after the reservation cut-off date will be subject to loss of one night's camping and utility fee (if applicable). No refunds will be made for no-shows unless the reservation has been cancelled.

b) Refund forms must be completed whenever a camper requests a refund for the unused portion of this camping permit.

c) The person requesting the refund must show identification at the time of the refund.

d) The camper's copy of the permit must be surrendered at the time of the refund.

e) Rent-A-Camp reservation fees will not be refunded by the Department.

f) No refunds will be made for reservation fees unless the campground is closed by the Department. In cases where the Department closes the campground, the Department shall refund the unused portion of the reservation, minus the fee paid the reservation host affiliate. If the entire reservation is to be refunded due to the Department closing the campground for the full duration of the reservation, the entire reservation fee shall be refunded minus the fee paid to the reservation host affiliate.

g) The deposit required for organized group camps at Pere Marquette, Dixon Springs and Horseshoe Lake State Fish and Wildlife Area (Alexander County) will be non-refundable unless notice of cancellation is received at least 30 days prior to reservation date.

History

• Source: Amended at 45 Ill. Reg. 11067, effective August 27, 2021

17 Ill. Adm. Code 130.90 Check-in and Check-out Times

a) Check-in times are normally from 7:00 a.m. until 10:00 p.m. Late check-in will be allowed provided camping space is available, when site staff is available or to help avert emergencies. Rent-A-Camp Cabins and Tents may not be available for occupancy until 3:00 p.m. due to additional time needed to clean units.

b) Check-out time is 3:00 p.m., with the exception of Rent-A-Camp Cabins and Tents which is 1:00 p.m.

1. A camper who has checked out and desires to remain in the area for other purposes after the check-out time must break camp and move from the campground.

2. The camper shall remove all personally owned camping equipment from the campground at the time the camper leaves.

3. Failure to remove camping equipment by 3:00 p.m. (or by 1:00 p.m. for Rent-A-Camp Cabins and Tents) without specific authorization by Department of Natural Resources staff shall obligate the camper to pay an additional night's fees. The camper may elect to stay the additional night if such use does not violate time limits and if space is available.

History

• Source: Amended at 23 Ill. Reg. 8376, effective July 7, 1999

17 Ill. Adm. Code 130.100 Unoccupied Camps

a) A camper may leave his camp unoccupied at his own risk by paying the camping fee and, if at a site with utilities, the utility fee for the entire period covered by the permit, within the limits set by Section 130.60, when notification has been given to the site superintendent.

b) A camp is deemed to have been abandoned if a camper does not appear to remove his camping equipment within 24 hours of the expiration of his camping permit. When a camp is abandoned, staff will attempt to call the owner at the phone number associated with the license plate number of the camping vehicle. Following this effort, the camp equipment will be inventoried by park staff with an authorized peace officer and it will be removed to a place for safeguarding in the maintenance area for storage. If the owner cannot be located within 30 days, it will be sent to the Law Enforcement Division of the Department for disposal under the rules of abandoned property. Law Enforcement Disposition of Property Act [625 ILCS 1030] and the Illinois Vehicle Title and Registration Law [625 ILCS 5/Ch. 4, Art. II].

History

• Source: Amended at 24 Ill. Reg. 13699, effective August 23, 2000

17 Ill. Adm. Code 130.110 Vehicles per Camp (Refer to 17 Ill. Adm. Code 130.30)

a) All vehicles must be registered by license number and site number (if available) with the Site Superintendent.

b) Tent campsite may have:

1. No more than two standard cars, or

2. No more than two motorcycles, or

3. No more than one standard car, van or pick-up and two motorcycles.

c) Trailer campsite may have (in addition to camp shelter):

1. No more than two standard vehicles such as cars, vans or pick-ups, or

2. No more than one standard vehicle, such as car, van or pick-up, and two motorcycles.

d) Vehicle campsite may have (in addition to the vehicle camper): No more than one standard vehicle, such as car, van or pick-up, and two motorcycles.

e) Primitive – No vehicles except bicycles, canoes or snowmobiles.

f) Youth group camping – tents only. Leaders may use vehicles or trailer camper when camping with youths, but must park where directed by the site superintendent and may not power their camp shelters from electrical outlets provided in picnic shelters.

g) Organization – Not applicable.

h) Boat – same as trailer (subsection (c)).

i) Visitors shall not park vehicle on any campsite when the maximum limits established in subsections (b) through (h) would be exceeded.

j) Where camping pads are provided, all wheeled shelter vehicles must be parked with wheels completely on the surface provided.

History

• Source: Amended at 32 Ill. Reg. 181, effective December 19, 2007

17 Ill. Adm. Code 130.120 Youth Group (Boy Scouts, Girl Scouts, Explorers, church groups, or others)

a) A youth group/organization camp is a group of five or more minors up to 18 years of age who are members of an organization camping with its adult leaders.

b) The regular camping fee will be charged on the basis of: $2/person or a minimum of $20a day.

c) These camps will be placed in an organization campground or special area set aside for such use, rather than in the regular campground.

d) One responsible adult (18 years of age or older) must accompany each group of 15 or fewercampers under the age of 18.

History

• Source: Amended at 28 Ill. Reg. 6118, effective April 15, 2004

17 Ill. Adm. Code 130.130 Organization Group Camps (charter organizations, ROTC, private clubs or others)

a) The organized group camping areas are available for camping without showers or electricity. Other forms of camps will be placed in the appropriate sites on an individual and equal basis with other campers. An organized group camp is a group of 10 or more adults (18 years of age or older) with or without children.

b) The regular camping fee will be charged on the basis of: $4/person or a minimum of $40 a day.

c) If the organized group camping area is unavailable, the organization will be accommodated only as individual campers and will use the regular campgrounds on an equal basis with other campers. The camping fee and utility fee applicable to the campsite classification will be charged for each campsite used by the group.

History

• Source: Amended at 28 Ill. Reg. 6118, effective April 15, 2004

17 Ill. Adm. Code 130.135 Campground Host Program

a) Purpose of host – The host provides a service to Illinois State Park and Historic Site visitors and encourages compliance with park rules and regulations.

b) Pertinent information and qualifications

1. The Department will provide free camping privileges to campground hosts while they are performing duties in the campground, and will compensate the host $1 per day for the days the host works, unless the host declines compensation in writing.

2. The host must provide camping equipment. Some campgrounds do not have full hook-ups, so self-contained equipment is advisable. CB radio is optional.

3. A host shall have camping experience.

4. A host shall serve for a minimum of 4 weeks.

5. Illinois residents will be given first priority for host positions.

6. A host shall have a valid driver's license.

7. A host shall be at least 21 years of age.

8. The Department may conduct background security checks on campground hosts and host candidates.

9. A host shall be available in the park to assist visitors 35 hours per week, usually over a 5 day period. Weekends and holidays are mandatory days for duty in the program.

10. A host shall be on duty and work during all kinds of weather.

c) Location of host campgrounds

1. Designated host campground sites will vary, but will be represented throughout the statewide park and recreation system.

2. A current listing of designated host campground sites will be provided with the application.

d) Number of hosts per park

An individual or couple may act as hosts. Most parks have one campsite designated and a few larger parks may have more campsites.

e) Duties and responsibilities of a host

1. A host shall be a visible representative of the Department with knowledge of rules and regulations.

2. A host shall be informed about the park setting and activities available in the area.

3. A host shall greet visitors, help them get settled, answer questions, receive comments, pass out publications, and collect campground fees.

4. A host shall be observant for activities within the campground that require immediate attention by the staff or law enforcement, and contact help when emergencies occur. (A host is not required to enforce rules or perform major maintenance repairs.)

5. A host shall replenish restroom supplies when the park staff are not present.

6. A host shall promote care of the park by keeping a clean campsite and performing minor maintenance tasks such as picking up litter, etc.

f) How to apply

1. Interested persons may obtain a campground host application from a Department office or write:

Illinois Department of Natural Resources

Campground Host Coordinator

One Natural Resources Way

Springfield IL 62702-1271.

2. Interested persons may complete the application and return it to the above address.

g) When to apply

1. Applications are accepted year round and filled as positions open. If a position is open, applicants will be contacted for an interview.

2. Recruitment for the summer season occurs from March to June.

h) Hiring campground host and/or hostess

1. The Site Superintendent at the site designated for the host campground program shall review the host and/or hostess applications, interview each applicant, and hire the most suitable candidates for this position.

2. All persons considered must be 21 years of age or older, possess a valid driver's license, and have camping experience and knowledge. Other qualifications to be taken into consideration in the evaluation of applicants shall include, but not be limited to, the following:

A) Previous experience in handling financial transactions, including the making of change, the proper safekeeping of cash, and recording all such transactions.

B) Previous experience in maintenance and report work.

C) The capability of positive communication with campers, and a willingness to deal with any problems which might arise among campers or between campers and site management.

D) Results of security background checks, if performed.

History

• Source: Amended at 32 Ill. Reg. 181, effective December 19, 2007

17 Ill. Adm. Code 130.140 Use of Campground

a) Campsites shall not be used for large group gatherings or parties.

b) The use of a registered motor vehicle in a campground is only for the purpose of establishing a camp and for transportation in and out of the campground.

c) Quiet hours shall prevail in the campground between 10:00 p.m. and 7:00 a.m. During this time no noise or light shall be emitted beyond the individual's immediate campsite that would be disturbing to others.

d) Fires are allowed in stoves or designated areas only. Large bonfires are not permitted without permission of the Site Superintendent.

e) Pets – The camper is responsible for all dogs, cats or other small animals under his ownership or care. No pets will be allowed in the interior of Rent-A-Camp Cabins. All animals must be on a leash not to exceed 10 feet. All leashed animals shall be at all times under the direct control of the owner or person designated by the owner. Animals are not to be left unattended. Owners are responsible to make sure that their animals do not cause a nuisance to other campers as determined by Department personnel. Excrement of these pets shall be removed from the campsite by the owner. Disposal shall be made directly into a Department garbage container with tight fitting lid, or excrement shall be placed in a water tight bag that has been closed or a water tight container with lid closed and placed in a department trash receptacle.

f) Smoking – Smoking is not allowed in cabins designated as no smoking.

History

• Source: Amended at 24 Ill. Reg. 13699, effective August 23, 2000

17 Ill. Adm. Code 130.150 Violation of Rule

a) For violation of these rules and regulations, a camper is subject to eviction. The camper at the demand of the Department, shall remove all equipment and personal property.

b) The Department may refuse to permit a person to re-enter the eviction site/park for a period of up to 365days from such eviction.

c) No refunds will be granted in such cases.

d) Any person who violates any provision of this Part shall be guilty of a Class B Misdemeanor.

History

• Source: Amended at 28 Ill. Reg. 6118, effective April 15, 2004

Chapter I Department of Natural Resources

Subchapter a Lands

Part 135 Off-Highway Vehicle Trails on Properties Owned, Leased or Managed by the Department of Natural Resources

17 Ill. Adm. Code 135.10 Purpose

The establishment and maintenance of recreational trails that are open and accessible to the public is important for the promotion of recreation and conservation within the State of Illinois. For this purpose, the Department seeks to develop, operate, and maintain facilities on select properties owned, leased or managed by the Department to be dedicated for use as off-highway vehicle sites, trailside facilities and trails that are open and accessible to the public.

17 Ill. Adm. Code 135.20 Definitions

As used in this Part:

"All-terrain vehicle" or "ATV" means any motorized off-highway device designed to travel primarily off-highway, 50 inches or less in width, having a manufacturer's dry weight of 1,500 pounds or less, traveling on 3 or more non-highway tires, designed with a seat or saddle for operator use, and handlebars or steering wheel for steering control, except equipment such as lawnmowers. [625 ILCS 5/1-101.8]

"Department" means the Illinois Department of Natural Resources.

"Director" means the Director of Natural Resources.

"Facilities" means equipment or other man-made improvement that is directly associated with, and provided for, a recreational trail. Typical recreational trail facilities include signage, gates, culverts, trail bridges, railings, benches, security cameras, security lighting, aggregate and other erosion control measures, picnic shelters, informational kiosks, and vault toilets. [20 ILCS 862/10]

"Off-highway motorcycle" or "OHM" means any motorized device designed to travel primarily off-highway on 2 wheels, having a seat or saddle for the use of the operator, upon or by which any person, persons or property may be transported or drawn. [625 ILCS 5/1-153.1]

"Off-highway vehicle site" or "OHV site" means a State recreational or conservation area or other Department owned, leased, or managed property which contains recreational trails, routes or areas dedicated primarily for use by OHVs, ATVs, or OHMs.

"Recreational off-highway vehicle" or "OHV" means any motorized off-highway device designed to travel primarily off-highway, 64 inches or less in width, having a manufacturer's dry weight of 2,000 pounds or less for gas-powered engines or 3,000 pounds or less for electric-powered engines, traveling on 4 or more non-highway tires, designed with a non-straddle seat and a steering wheel for steering control, except equipment such as lawnmowers. [625 ILCS 5/1-168.8]

"Recreational trail" means a thoroughfare or track across land or snow or along water, used for recreational purposes such as bicycling, cross-country skiing, day hiking, equestrian activities, jogging or similar fitness activities, trail biking, overnight and long-distance backpacking, snowmobiling, aquatic or water activity, and vehicular travel by motorcycle or off-highway vehicles. [20 ILCS 862/10]

"Vehicle" means, for purposes of this Part, any OHV, ATV, or OHM.

17 Ill. Adm. Code 135.30 Statewide Regulations Applicable

All regulations set forth in 17 Ill. Adm. Code 110 and 17 Ill. Adm. Code 130 will apply to all Department properties used for OHV sites, unless specific regulations contained in this Part are more restrictive.

17 Ill. Adm. Code 135.40 Use of Ohv Site

Use of the recreational trails, routes, or areas within an OHV site is restricted for use by OHVs, ATVs, or OHMs only. Users must comply with the OHV site rules and all OHVs, ATVs, or OHMs must meet the standards set forth in this Part. All operators 16 years of age or older shall have a valid driver's license in order to operate a vehicle at an OHV site.

17 Ill. Adm. Code 135.50 Registration

a) The owner or primary operator of a vehicle using the OHV site must register at the site by completing the Department's Registration Form and Release of Liability and Indemnity Agreement (Form) each time they obtain a Usage Permit. Failure to do so is a petty offense, see 20 ILCS 862/38. The form shall include, for all persons that may use or operate the OHV, ATV, or OHM at the site that day, the following information:

1. name;

2. date of birth; and

3. proof that all the individuals listed on the form over the age of 16 are in possession of a valid driver's license.

b) The form shall be provided by the Department and shall be available at the site and by electronic means. All forms must be delivered to Department before a vehicle is allowed to be operated on the OHV site each day.

17 Ill. Adm. Code 135.60 Season Dates and Hours of Operation

The dates and hours of operation an OHV site will be open for use will be determined and established by the specific OHV site and published by the Department. Each OHV site shall publish the number of vehicles that will be allowed to operate that day. Information required to be published at an OHV site shall be posted at the Site and may also be published by electronic means. No one shall operate an OHV, ATV, or OHM outside of the OHV site posted dates and hours of operation or on non-OHV trails. No additional OHV, ATV, or OHM will be allowed to operate on OHV trails when the published number of vehicles that will be allowed to operate that day has been admitted.

17 Ill. Adm. Code 135.70 Usage Permit and Fees

a) Usage Permit

All vehicles being operated at an OHV site must have a permit issued by the Department and attached to the vehicle at all times while using the OHV site. The permit must be displayed on the vehicle and be at all times visible for inspection. Permits shall be sold by the Department and must be purchased at the OHV site. Permits may not be transferred between vehicles.

b) The fee for a one-day permit is $20.00 per vehicle. Each one-day permit is valid only for the day that appears on the permit, for the vehicle the permit was purchased for, and only during the OHV site hours of operation.

c) The fee for a four-day permit is $65.00 per vehicle. Each four-day permit is valid only for the days listed on the permit, for the vehicle that the permit was purchased for, and only during the OHV site hours of operation for the days listed on the permit.

d) All permit fees are nonrefundable, including, but not limited to, site closure due to weather or dangerous conditions.

17 Ill. Adm. Code 135.80 Ohv Site Rules

a) Trail Usage

1. Right-of-Way. Vehicles traveling uphill shall have the right-of-way and all other vehicles shall move to the right side of the trail to make way.

2. Pedestrians. Pedestrian traffic is not permitted on OHV trails.

3. Stopping, Standing or Parking on OHV Trails. No person shall stop, park or leave standing any vehicle, whether attended or unattended, upon any OHV trail when it is practicable to stop, park or so leave such vehicle off the OHV trail, but in every event an unobstructed width of the OHV trail opposite a standing vehicle shall be left for the free passage of other vehicles and a clear view of such stopped vehicle shall be available from as much of a distance is possible from the location of the standing vehicle.

4. Speed limits for vehicles using the OHV trails shall be posted by the Department and must be obeyed at all times.

b) Vehicle travel is only allowed on designated trails and may not be operated on any other road, trail or location on Department owned, leased, or managed lands. No vehicle shall be operated in a such a manner as to damage any natural feature or property. Creation of new trails is prohibited unless specifically authorized by the Department.

c) United States Department of Transportation or ASNI Z90.1 approved safety helmets are required for all operators and passengers in designated riding areas unless the vehicle is equipped with a fully enclosed metal cab or roll bar protection and seatbelts.

d) Passengers are only allowed on vehicles which are designed by the manufacturer to carry a passenger. Passengers may only be allowed to ride on a vehicle pursuant to vehicle manufacturer's specifications. No passenger is allowed to ride in a vehicle cargo area.

e) All persons located at an OHV site must comply with all posted signs.

f) All vehicles operating at an OHV site must have working brakes.

g) All vehicles and trailers must be parked in designated parking areas and may not be left unattended at any other location at the site.

h) Vehicles or hauling equipment that is left on Department owned, managed or leased land for more than 24 hours without the permission of the Department may be towed at the owner's expense. The Department is not responsible for providing towing or hauling services for any vehicle using OHV trails. Any damage done to Department property during the towing or hauling of any vehicle shall be paid by the owner of the OHV, ATV or OHM.

i) No vehicle shall be operated at an OHV site that exceeds a sound level of 96 decibels. Such sound restrictions include, but are not limited to, vehicle exhaust systems, stereo speakers or any item or attachment to a vehicle. Any vehicle which is on Department owned property is subject to sound level testing upon the request of the Department.

j) All OHVs and ATVs must be equipped with a flexible mast of no shorter than 72 inches in length with an orange flag attached to the top of the mast. The orange flag must measure at least 72 square inches.

k) Any vehicle which is inoperable must be removed from the trail and riding area by the operator and properly parked at a designated parking area. The operator of any such vehicle must have permission of the Site Superintendent or Site Staff to leave the vehicle in the parking area overnight due to an inoperable or damaged condition.

l) Any person who violates any provision of this Part or Illinois law shall be subject to arrest and/or removal from the premises where the violation occurred. Such removal shall be in compliance with 17 Ill. Adm. Code 2530 Subpart H.

m) Anyone who is arrested at an OHV site, removed from an OHV site, or cited for a violation of this Part or any law of the State while at an OHV site and who has paid a permit fee shall not receive a refund of such fee.

17 Ill. Adm. Code 135.90 Safety Requirements

a) Restrictions for Vehicle Operators Under the Age of 18 on General Access Trails

1. Operators age 16-17 must have a valid driver's license and a signed waiver from a parent or legal guardian delivered to the Department before operating a vehicle on an OHV Site.

2. Operators under the age 16 must have a signed waiver from a parent or legal guardian and be under direct supervision of a person over the age of 18 with a valid driver's license.

3. Any other site restrictions shall be posted at the site's webpage and shall be posted at the entrance of the OHV site. All such postings shall be obeyed at all times.

4. For purposes of this Section, direct supervision means being able to communicate with the minor child and being within line-of-sight at all times in order to prevent or stop unsafe behavior, unsafe operation, or to warn of dangerous conditions.

b) Restrictions for Vehicle Operators on Youth Trails

Access to youth trails shall be limited to only those operators under the age of 16 and their accompanying supervisor who shall be over the age of 18. There shall be one supervising person over the age of 18 per youth operated vehicle. Such supervisor may be located in a separate vehicle, but in no instance shall there be more than one supervising vehicle per youth operated vehicle.

c) Operation with Passengers

1. Number of passengers cannot exceed manufacturer's recommended capacity and the number of restraints designed and installed for the vehicle.

2. For an ATV or OHM, the passenger must be seated behind the operator and have the ability to securely hold on to the passenger handles or operator.

3. For an OHV, a passenger must be able to place both feet flat on the floorboards with their back resting against the seat back.

d) OHV Requirements

1. The OHV must be equipped with a roll-over protection system (ROPS) installed by the manufacturer.

2. The OHV must be equipped with manufacturer seat belts or equivalent that are in good working order.

3. Passengers must wear seat belts at all times and must keep feet and hands inside of the vehicle while the vehicle is in motion.

4. The OHV cannot be wider than 64 inches.

e) All OHVs, ATVs, and OHMs must have properly functioning spark arrestors and mufflers. Any ATV, OHV, or OHM which does not meet the requirements of this Part shall be prohibited from entering or remaining upon OHV trails.

17 Ill. Adm. Code 140.10 Location

Overnight barn stabling of horses on Department of Natural Resources' (Department) land will be allowed at major designated field trial areas and equestrian use areas when those areas have usable barns.

History

• Source: Amended at 33 Ill. Reg. 5270, effective March 25, 2009

17 Ill. Adm. Code 140.20 Non-Field Trial Areas Having Equestrian Use Areas With Horse Barns

a) Equestrians using horse use areas at these sites may use the horse barns. The cost per horse for a barn stall is $2.00 per night paid daily for a maximum of 15 nights at a specific site in a 30 day period starting the first night the horse is stabled in the barn.

b) Each equestrian desiring to use a barn stall for his/her horse shall contact the site superintendent in advance as the barn stalls for overnight use are available on a first come-first served basis.

c) No horse will be stabled overnight unless the horse is being used to ride the use area provided at the site.

d) Each person assigned a barn stall for his/her horse shall keep the assigned stall clean.

History

• Source: Amended at 33 Ill. Reg. 5270, effective March 25, 2009

17 Ill. Adm. Code 140.30 Major Designated Field Trial Areas

a) During the dates of field trials authorized by the Department according to 17 Ill. Adm. Code 910 at field trial areas with horse barns, the horse barns shall be made available only to participants of field trials at no cost for a barn stall.

b) During times when authorized field trial activities are not taking place at field trial areas with horse barns, equestrians using the horse use areas or equestrians and field trialers transporting horses may use the horse barns. The cost per horse for a barn stall is $2.00 per night paid daily for a maximum of 15 nights at a specific site in a 30 day period starting the first night the horse is stabled in the barn.

1. Each equestrian or field trialer desiring to use a barn stall for his/her horse shall contact the site superintendent in advance as the stalls for overnight use are available on a first come-first served basis.

2. No horse will be stabled overnight unless the horse is being used to ride the trails provided at the site or the horse is being transported by an equestrian or field trialer.

c) Each person assigned a barn stall for his/her horse shall keep the assigned stall clean.

History

• Source: Amended at 33 Ill. Reg. 5270, effective March 25, 2009

17 Ill. Adm. Code 140.40 Horse Riding and Stable Leased Concessions

This Part shall not affect authorized Department horse riding and stable leased concession operations provided through 17 Ill. Adm. Code 150 (Regulations for the Letting of Concessions, Farm Leases, Sale of Buildings and Facilities, and Demolitions).

History

• Source: Amended at 33 Ill. Reg. 5270, effective March 25, 2009

17 Ill. Adm. Code 140.50 Denying Use - Removal - Field Trial Participants and/or Equestrians

The site superintendent has the right to deny a field trial participant or equestrian the use of an overnight barn stall for his/her horse or to remove a field trial participant or equestrian from the stable facility for the following reasons based on a visual inspection by, and the subsequent opinion of, the site superintendent:

a) Person is not using the equestrian area as stated in Sections 140.20(c) or 140.30(b)(2).

b) Person is an equestrian but is not a field trial participant at a field trial area during a field trial period as stated in Section 140.30(a).

c) Person fails to follow the Department's cleaning schedule and/or does not perform the work necessary to keep the assigned barn stall at the same level of cleanliness as originally accepted, as stated in Sections 140.20(d) and 140.30(c).

d) Person's horse shows signs of improper care or mistreatment, i.e, sickness or disease not publicly acceptable in accordance with applicable provisions of the Humane Care for Animals Act [50 ILCS 70]. In cases in which the horse owner or person designated by the owner does not agree with the judgement of the site superintendent, the owner or person designated by the owner, at the owner's expense, shall have the horse examined and a written certification made as to the horse's condition by an Illinois licensed veterinarian to resolve the matter.

History

• Source: Amended at 33 Ill. Reg. 5270, effective March 25, 2009

17 Ill. Adm. Code 150.10 Concessions

a) Except as cited in subsection (b), concession leases may be made for a period of not more than 25 years.

b) Concession leases on land where expansion of existing facilities or development will take place may be made for a period up to 99 years.

c) All concession leases shall be let by sealed competitive bids or, when in the Department's judgment it is in the best interest of the State of Illinois, by negotiated agreement.

d) Notices of an available concession lease to be let by competitive bidding shall be placed on the Illinois Procurement Bulletin prior to the bid letting.

e) All bids shall be opened at a public bid opening.

f) Concessions shall be let to the best qualified highest bidder or by negotiation with a qualified operator. Factors taken into consideration in determining a qualified bidder shall include, but are not limited to, criteria contained in Section 150.50.

g) At the end of a concession lease period the concession lease may be renegotiated with the present concessionaire if the concessionaire has not violated lease covenants, or has quickly corrected the violations after notification by the Division of Concession and Lease Management, and if the concessionaire has continued to meet the criteria found in Section 150.50 during the lease period. In such a case, no competitive bidding on the concession will be offered.

History

• Source: Amended at 32 Ill. Reg. 9295, effective June 13, 2008

17 Ill. Adm. Code 150.20 Agricultural Management Leases

a) Agricultural management leases shall be for a period allowable under [20 ILCS 805/805-235]:

b) Agricultural management leases are subject to the Illinois Procurement Code [30 ILCS 500] and its applicable administrative rules.

c) Agricultural management leases shall be let by sealed competitive bids, except these leases may be negotiated under any of the following conditions:

1. when land has been recently purchased with an agreement that the previous owner or tenant will farm the property for the next one to two years (as part of the land transaction);

2. when the tract is completely surrounded by other private land;

3. when the leases are 50 acres or less;

4. when property acquired by lease or purchase is acquired late in the season;

5. when crops are already planted by a previous owner or tenant; or

6. when the Department of Natural Resources purchases less than fee simple interest in a property for development purposes.

History

• Source: Amended at 50 Ill. Reg. 5713, effective April 8, 2026

17 Ill. Adm. Code 150.30 Sale of Buildings and Facilities

a) All sales of buildings and facilities shall be by public auction or sealed bid.

b) Notice of proposed sale shall be placed in a local newspaper and the official State newspaper prior to actual sale.

c) If the sale is held by sealed bid, the bid opening shall be public. The building or facility shall be open for inspection prior to the bid opening.

d) If the sale is held at public auction, the auction shall be held on the premises of the building or facility to be sold. The building or facility shall be open for inspection prior to and on the day of the public auction.

e) The building or facility shall be sold to the best qualified highest bidder.

f) The chosen bidder must place a performance bond with the Department of Natural Resources. The amount of this bond shall be based on the building or facility's size, condition, type of construction, materials and the environment where situated as appraised by Department of Natural Resources personnel. The bond amount shall be the same for any of the bidders.

g) If no bids are placed or if no qualified bidder places a bid, the sale shall be held again. If at that time still no bids are placed or no qualified bidder places a bid, a negotiated sale with a qualified entity shall be sought.

History

• Source: Amended at 16 Ill. Reg. 4839, effective March 17, 1992

17 Ill. Adm. Code 150.40 Demolition

a) All contracts for demolitions shall be let by sealed bids.

b) Notice of an informational meeting for interested bidders shall be placed in a local newspaper and the official State newspaper prior to bid letting.

c) All informational meetings shall be held at least ten days before the bid opening. The meeting shall explain all facets of the demolition.

d) All bids shall be opened at a public bid opening.

e) The chosen contractor must place a performance bond with the Department of Natural Resources. The amount of the bond shall be based on the building or facility's size, condition, type of construction, materials and the environment where situated as appraised by Department of Natural Resources personnel. The bond amount shall be the same for any of the bidders.

f) The chosen contractor must acquire liability insurance in an amount specified by the Illinois Department of Natural Resources and name the Illinois Department of Natural Resources as an additional insured. A certificate of such insurance is required prior to the commencement of any work. The amount of liability insurance shall be based on the building or facility's size, condition, type of construction, materials and the environment where situated as appraised by Department of Natural Resources personnel.

g) The contract shall be awarded to the best qualified lowest bidder.

h) If no bids are placed or if no qualified bidders place a bid, a negotiated contract with a qualified person or company may be sought for the demolition work.

History

• Source: Amended at 16 Ill. Reg. 4839, effective March 17, 1992

17 Ill. Adm. Code 150.50 Criteria for Selection

When the Department of Natural Resources is involved in granting concession and farm leases, sale of buildings and facilities or demolition, the criteria for making the decisions are weighted according to each situation and include the following: economic benefit to the State; prior history with the State; financial and personal records; business and personal references; quality and quantity of equipment; staff and administrative personnel; similar business experience; and ability to finance. Solicitations shall specify which criteria are being applied and how they are being applied.

History

• Source: Amended at 32 Ill. Reg. 9295, effective June 13, 2008

17 Ill. Adm. Code 170.10 Firewood Collection

a) Firewood collection shall be allowed at all state forests under the control of the Illinois Department of Natural Resources by permit only.

b) Firewood collection days and collection hours will be established at each State forest by the site superintendent. Each State forest will announce, through the local press, the time periods during the year in which collection will take place.

c) Permits may be obtained from the site superintendent's office at the particular State forest where firewood is to be collected.

d) Permits shall be effective for one specific date.

e) The fee for such permits shall be $10.

f) Any individual may obtain up to two permits for each calendar year.

g) Permittees shall collect firewood for personal use only and not for resale.

h) Permittees are allowed only one standard half-ton pickup truck load for each permit obtained. Other vehicles may be used, but the volume of firewood shall not exceed the standard half-ton pickup load area as defined below:

A standard half-ton pickup truck load area shall be no more than 79" in length, 72" in width and 20" in height, with a total load area of up to 78 cubic feet.

i) Permittees may collect only down, dead wood that is unattached from any standing tree and only in areas designated by the site superintendent or his authorized representative.

History

• Source: Amended at 28 Ill. Reg. 6130, effective April 1, 2004

Chapter I Department of Natural Resources

Subchapter a Lands

Part 210 Rental of Boats and Boating Facilities

17 Ill. Adm. Code 210.10 Safety Requirements

All boats rented by the Department of Natural Resources (DNR) or concessionaire will comply with the Boat Registration and Safety Act [625 ILCS 45] and U.S. Coast Guard approved personal flotation devices shall be used as required by the Boat Registration and Safety Act.

History

• Source: Amended at 28 Ill. Reg. 6134, effective April 1, 2004

17 Ill. Adm. Code 210.20 Rental Procedures

a) All persons renting boats must complete a boat registration form CA-6 provided by DNR or a pre-numbered boat registration form provided by the concessionaire and approved by DNR at the time and location of the rental. The boat, when rented, is not transferable to another person, unless such person is a part of the family or a member of a group associated with the person renting the boat. Except upon other arrangements with the renter, the boat should be returned by the person who rented the boat.

b) No person under 14 years of age shall be permitted to rent a State or concessionaire owned boat, paddle boat, canoe or other watercraft. No person under 18 years of age shall be permitted to rent a concessionaire owned motorboat. Exceptions are persons who have a Boating Safety Certificate issued by the Department, a valid certificate issued by another state, a province of Canada, the U.S. Coast Guard Auxiliary or the U.S. Power Squadron, or who have satisfactory completed a National Association of State Boating Law Administrators (NASBLA) certified course, and are between 14 and 18 years of age and wish to rent a motorboat other than a personal watercraft or specialty prop-craft, or are between 16 and 18 years of age and wish to rent a personal watercraft or a specialty prop-craft.

c) Boats may be rented when available and returned before 8 p.m. the same day unless prior arrangements have been made with the person from whom the boat was rented to keep the boat overnight. A person not returning a boat by 8 p.m. without such prior arrangement will be charged an additional day's fee. If a person making arrangements to keep a boat overnight does not return the boat by 8 a.m. the next day, rent will be charged for that day in addition to the fee for the previous day. Campers who arrange to rent boats for more than one day may beach the boats near their campsites overnight in lieu of returning them to the concession each night.

History

• Source: Amended at 28 Ill. Reg. 6134, effective April 1, 2004

Chapter I Department of Natural Resources

Subchapter a Lands

Part 210 Rental of Boats and Boating Facilities

17 Ill. Adm. Code 210.30 Boat Rental Fees

The fee for rental of boats by concessionaires shall be established through the periodic concession bidding process. During the periods when the concession is not in operation, the site manager may rent State owned boats and charge the same fee as has been approved for the concessionaire. The concessions are awarded by the DNR Concession and Lease Management Division in accordance with 17 Ill. Adm. Code 150. Boat rental fees at sites not managed through concessionaires shall be $10 per day. Reasonable security deposits, not to exceed the replacement value of equipment, may be required on rental equipment, if approved by the DNR Property Manager due to security risks inherent to the type of equipment or the site.

History

• Source: Amended at 28 Ill. Reg. 6134, effective April 1, 2004

17 Ill. Adm. Code 210.35 Docking Fees

A docking fee on all State owned docks not operated under a concession agreement shall be $50.00 per season for all privately owned boats, except pontoon boats, for which the seasonal fee shall be $100.00, except this Section does not apply to North Point Marina (see 17 Ill. Adm. Code 220). Docking fees on all docks operated under a concession agreement shall be established through the periodic concession bidding process. The DNR shall designate a specific mooring location for each boat leasing such docking space.

History

• Source: Amended at 19 Ill. Reg. 16062, effective November 21, 1995

Chapter I Department of Natural Resources

Subchapter a Lands

Part 210 Rental of Boats and Boating Facilities

17 Ill. Adm. Code 210.40 Additional Information

Further information on rental of boats may be obtained by contacting the Concessions Section, Division of Administrative Support, One Natural Resources Way, Springfield IL 62702-1271.

History

• Source: Amended at 28 Ill. Reg. 6134, effective April 1, 2004

17 Ill. Adm. Code 220.10 Application and Scope

This Part shall apply to the berthing of vessels and other activities and operations within the North Point Marina.

17 Ill. Adm. Code 220.20 Compliance

Based upon the nature of the violation (see Section 220.30(a)(10)(A)), failure to comply with this Part may result in cancellation of the slip permit, in addition to the penalty prescribed by Section 6 of the State Parks Act [20 ILCS 835/6].

History

• Source: Amended at 29 Ill. Reg. 1342, effective January 10, 2005

17 Ill. Adm. Code 220.30 Marina Slip Acquisition

a) Permit Conditions and Procedures

1. All vessels assigned slips must be registered in accordance with the Boat Registration and Safety Act [625 ILCS 45].

2. No permit will be granted in the name of an organization. Permittee must be an individual, and evidence of Permittee ownership (full or partial) or control of the vessel must be presented to the Marina Administrative Office (M.A.O.). Permittee may be a married couple. In the event of divorce, documentation of succession will be required by the Marina as the basis for issuing a new harbor occupancy agreement. Evidence of Permittee ownership or control shall be:

A) Title or Registration;

B) Bill of Sale or Sales Contract; or

C) Lease Agreement.

3. No permit will be granted until the Permittee demonstrates proof of liability insurance to cover damage to the Marina, other boats or boat owners.

4. Permit fees will be based upon the length of the vessel and lease status (seasonal or temporary). See Section 220.60 (Fees and Charges).

5. Slip applications will be accepted on a "first-come, first-served" basis pursuant to position on the Applications Wait List administered by the M.A.O. A deposit must accompany the application. See Section 220.60 (Fees and Charges).

6. Slip renters must accept the first slip offered, regardless of location. Refusal to accept the first slip offered shall result in the applicant's name being moved to the bottom of the list. A refusal to accept the offered slip the following season shall result in the applicant's name being removed from the list and the applicant's deposit shall be forfeited to the Department. (See 30 ILCS 105/5.158.)

7. Slip transfers may be requested by slip holders only. Such requests will be maintained and serviced pursuant to a Slip Transfer Wait List administered by the M.A.O. Requests for slip transfers will be given priority over slip applications from non-tenants as slips become available.

8. All Harbor Occupancy Agreements shall be non-transferable and shall not be leased or transferred to any other individual.

9. The Department of Natural Resources (Department) shall have the right to re-assign slip spaces and to move or cause to be moved any vessel so re-assigned. A Permittee, by applying for and accepting the use of a slip, shall be deemed to have consented to the re-assignment and movement of his or her vessel to another slip for the proper operation, maintenance, and repair of the North Point Marina; or for the convenience of the Department while making repairs or improvements; and in the case of an emergency (see Section 220.80). Permittee further consents to the movement of his or her vessel by Departmental personnel. If, after notice to move the vessel is given by the Department, Permittee fails to comply with such notice, neither the Department nor any of its officials or employees shall be liable to and a Permittee waives all claims for damage to persons and property sustained by a Permittee resulting from the movement of his or her vessel.

10. Cancellation Provisions

A) By the Department: The Department shall cancel and terminate any permit upon 10 days written notice to the Permittee for the Permittee's failure or refusal to comply with provisions of the permit, such as nonpayment of slip fees; failure to provide proof of ownership or proof of insurance; criminal violations that endanger life or property; or repeated violations (3 or more) of this Part or 17 Ill. Adm. Code 110. The Permittee shall not be due any refund of slip fees paid.

B) By Permittee: The Permittee shall give the Marina office written notice of intent to vacate. The Permittee shall not be due any refund of slip fees paid.

C) In the event of sudden unemployment, catastrophic illness, or similar personal crisis, the slipholder may request a refund of slip fees paid. With the recommendation of the M.A.O. and approval of the Director, a refund may be granted in an amount not to exceed 50% of slip fees paid for that season, if requested by June 1.

D) Removal of Vessel upon Cancellation of Permit: If Permittee fails or refuses to remove his or her vessel from a slip or end tie by the date of cancellation or expiration of his or her permit, the Department will order and cause the vessel to be removed and stored at the Permittee's risk and expense and retake possession of the slip. Neither the Department nor any of its officials or employees shall be liable to and a Permittee waves all claims for damage to persons and property sustained by a Permittee resulting from the movement of his or her vessel pursuant to this provision.

E) Slipholders who do not occupy their slip may be allowed a carryover to the succeeding year if a portion of their slip rental has been paid and if mitigating circumstances exist. If a slip is not rented in the succeeding year the carryover will be forfeited. Written application detailing the circumstances of the non-occupancy must be made to the M.A.O. to be considered for a carryover. Within 30 days the M.A.O. will notify the slipholder in writing whether the carryover will be allowed. The amount of carryover allowed will be prorated based on the date the written application from the slipholder was received in the M.A.O.'s office. Approval is entirely the M.A.O.'s decision and no appeal will be allowed.

11. In the event of the death of a slip holder, the surviving spouse or a child of the slip holder shall have the right of first refusal of the assignment of the slip, subject to the approval of the M.A.O. Approval shall be based upon such considerations as the survivor's history of compliance with Department rules and proper utilization of the Marina facilities. If approval of reassignment is not granted, a prorated refund shall be granted.

b) Slip Renewals

For slip renewal, the Harbor Occupancy Agreement must be received by the Department no later than December 31, of any given year. If the Harbor Occupancy Agreement has not been received by that date the slip shall be vacated.

c) Slip Vacancies

1. Vacancies in slips shall be filled as follows:

A) The vacant slip will be made available to current slip holders registered on the Slip Transfer Waiting List in order of appearance.

B) If no transfer request fills the vacancy within 5 days, the slip shall be made available to individuals registered on the Applications Wait List in order of appearance.

2. Sale of Permittee's Vessel

A) A Permittee may retain his or her designated slip for a period of 30 days after transferring title or agreeing to sell his or her vessel provided the Permittee notifies the Department in writing within 5 days after the date Permittee enters into an agreement for the sale of the vessel and his or her intent to acquire another vessel. An extension for an additional period not to exceed 60 days will be granted by the Department upon submission by Permittee of proof of a contract to purchase or construct another vessel. A further extension may be granted to commercial operators upon showing of a contract to purchase a different boat and a delivery date, not to exceed opening day of the next season.

B) Permittee shall notify the Department in writing within 5 days of any change of ownership in his or her vessel resulting from a gift, sale, lease, withdrawal, addition, or substitution of Partners, the sale or transfer of stock in a closely held corporate owner of the vessel or a change of officers or directors of a closely held corporation owning the vessel.

C) In the event a slipholder, who has paid in full for the season, sells his or her boat, the slipholder may request North Point Marina to approve a new harbor occupancy agreement with the purchaser of the boat for the remainder of the season. If the M.A.O. approves, the slipholder shall relinquish all rights to said slip. Such permission shall not extend past the end of the then current boating season. If the purchaser desires a slip for the following season, he/she must apply for a slip as a new slipholder.

d) Visiting Vessel Temporary Slip Permits

1. The M.A.O. may provide temporary slip permits to vessels visiting the Marina. See Section 220.60 (Fees and Charges). Permits shall be posted on vessels in accordance with instructions issued by the M.A.O.

2. No temporary permit may last longer than 14 days.

3. The M.A.O. may assign temporary use of an already leased slip under limited slip vacancy conditions. See Section 220.40 (Slip Use).

4. Temporary permits may be renewed for a like period at the discretion of the M.A.O., based upon the Permittee's compliance with Department rules and slip availability.

History

• Source: Amended at 29 Ill. Reg. 1342, effective January 10, 2005

17 Ill. Adm. Code 220.40 Slip Use

a) Vessel Length Limitations

1. Vessel length (length over all – LOA) includes all appendages (swim platform, bowsprit, anchor chock, etc.). Vessels may be measured by Marina staff in the slip after occupancy. No vessel having a vessel length (LOA) exceeding 3 feet longer than the designated slip length will be permitted. Vessels with an overall length (LOA) less than 5 feet of the slip length will not be permitted without written permission of the M.A.O. Permission will be based upon maximum utilization of the Marina facility resources. Violation of this provision will result in cancellation of the slip assignment.

2. Vessel Extending Beyond Slip: A vessel shall not extend more than 3 feet beyond the end of any finger float including but not limited to the vessel's davits, booms, swingstop, bowsprit or bow pulpit.

3. No part of any vessel shall extend over the main walkway.

b) Vessel/Slip Occupancy

1. Slips shall be available for occupancy from April 1 through October 31, weather permitting. Boats not being stored for the winter season at North Point Marina must be removed from the Marina by October 31. If boats have not been removed by October 31, the M.A.O. has the authority to impose temporary slip fees and/or remove the vessel and charge the owner for cost of removal and temporary storage fees until the vessel is removed from the site.

2. The assigned slip must be occupied by a vessel registered to the slip renter within 60 days after notification that the slip is available for occupancy, unless given written permission by the M.A.O. due to such circumstances as dry-dock time, unforeseen mechanical problems or unavailability of parts.

3. The Permittee shall notify the harbor office anytime his/her vessel will be occupied by any person other than the Permittee or his or her family.

4. No one under 18 years of age is to stay overnight on any vessel moored in the Marina without an adult present or without written permission from the M.A.O. Permission will be based upon such considerations as age of the minors, reason for the stay, and length of the stay.

5. Slip holders desiring to live aboard their vessel must make application with the M.A.O. for liveaboard status of 30 days or more. The M.A.O. may deny or terminate any application for liveaboard status, based upon such considerations as violations of Department rules, or safety.

6. The M.A.O. reserves the right to use permanent slips for transient vessels. Permanent slip holders shall notify the Marina office if they expect to leave their slip unoccupied for a period of 48 hours or longer and their expected date and time of return to the Marina. Transient vessels shall use their own dock lines and shall not use those of the permanent slip holder. Owners of transient vessels must vacate the temporarily assigned permanent slip upon notification by the M.A.O. or on the return of the permanent slip holder's vessel to the Marina.

c) Tenders: One personal watercraft, dingy, or yacht tender owned by the Permittee and regularly used as a yacht tender may be kept in the Permittee's slip. This personal watercraft, dingy or yacht tender shall not extend into the fairway.

d) Storage on Docks and Fingers: Nothing shall be stored on the docks and fingers except in locker boxes provided at each slip. When a vessel is removed at the end of the season or due to cancellation, the locker box must be cleaned out. Any items not removed from the locker box shall be deemed abandoned and become property of the Department.

e) Dock Modification: There shall be no modification of the dock or installation of fenders, dock wheels, etc., without written permission by the M.A.O. Such permission shall be granted if the modification, based upon published marine engineering standards, does not create a safety hazard, does not conflict with the Department's Master Management Plan, and is not aesthetically displeasing.

f) Steps: Any steps used for ingress and egress from a vessel shall not be wider than half the width of the finger to which the vessel is moored. Positioning of steps on any dock must be approved by the M.A.O. These steps shall not be used as a storage locker.

g) Drying of Laundry: Drying or airing of laundry or apparel on the dock or rigging of the vessel is not permitted.

h) Commercial Activity: Subject to availability, all charter boat operators will be assigned to the commercial harbor. Only Permittees in the commercial harbor will be permitted to advertise on their boats. No sign of any kind will be permitted on the docks. Charter boat slip fees will be the same as that for the main harbor. No one other than licensed Charter Boat Operators shall engage in charter boat activities. No Charter Boat Operator shall pick up or discharge passengers in the recreational basin.

History

• Source: Amended at 29 Ill. Reg. 1342, effective January 10, 2005

17 Ill. Adm. Code 220.50 Vessel Condition and Movement

a) Inspections

Any individual applying for a permit or having a permit issued thereby impliedly agrees that the Department may examine his or her vessel at any time without prior notice at reasonable hours for the purpose of verifying compliance with all applicable rules.

b) Vessel Condition

1. Seaworthiness: Any vessel moored in the Marina shall be seaworthy at all times and be able to get underway by its own power. In the event a vessel becomes unsafe or unseaworthy, the slip permit may be revoked by the Department. The M.A.O. shall give written notice to the slip holder of those items that render the vessel unsafe or unseaworthy. The slip holder shall undertake repairs or refurbishing within 10 days after receipt of notice or such permit will be revoked. Failure to comply with these provisions shall authorize the Department to have the vessel removed and to charge the removal and storage to the Permittee.

2. Vessel Maintenance: Limited maintenance, such as tune-ups, cleaning and line replacement of docked vessels in the recreational harbor is permitted during daylight hours only. Such maintenance activities shall not generate paint aerosols, dusts, other particles or material which will deposit upon docks, nearby vessels or other facilities; not produce odors, vapors/gases which will prove offensive or pose health, fire, or other safety hazards. Extensive repairs, such as hull repairs, engine overhauls and spray painting, shall be completed outside the slip area. The use of open flame devices (welding torches, blow torches, etc.) or electrical welders shall not be permitted without express permission (based upon safety) of the Department. Only boat repair, service or other type vendors that have been authorized by the Department shall be permitted to perform work on any vessel at the Marina. Emergency repairs may be made at a slip upon written approval of the M.A.O. (see Section 220.80). Any waste products (oil, paint, solvents, etc.) shall be disposed of only in designated areas.

3. Wrecked or Sunken Vessels: In the event of a wrecked or sunken vessel, the Permittee is responsible for marking the accident site, raising the craft and the disposition of the vessel.

4. Unauthorized Discharges: Permittee will be responsible for any costs associated with the cleanup and disposal of unauthorized discharges. Marina management, or its representatives, may board and inspect any vessel suspected of unauthorized discharge.

5. Sail Boat Rigging: All sail rigging shall be tied down while at the slip to insure against noise being produced by the rigging.

c) Vessel Movement

1. Movement of vessels within the Marina shall be for the purposes of entering or leaving a slip, pump out station or fuel dock. All vessels underway in the Marina shall be under power. Sailing, rowing, sculling or paddling within the Marina is prohibited.

2. Fueling: Fueling of vessels can only be done at the designated fuel dock in the Marina.

3. Vessel Towing: No vessel may be towed into the Recreational Basin without permission of the M.A.O.

History

• Source: Amended at 32 Ill. Reg. 14754, effective August 27, 2008

17 Ill. Adm. Code 220.60 Fees and Charges

a) All fees and charges may be paid in the form of cash, check, money order or credit card. Transient rentals only may be paid by approved credit card.

b) Slip Rental – Seasonal

1. Slip rental fees will be based upon slip length or overall length of vessel (including all appendages), whichever is greater.

2. A (one-time) $200 deposit must accompany the application for a slip. This deposit is non-refundable and will be applied to the first year's slip rent.

3. Slip rental rates are $125 per foot per season for each foot of slip or each foot of vessel, whichever is greater. Discounts or credits shall be deducted from the total when such incentives are offered. Amounts and conditions precedent shall be determined by the Department of Natural Resources based upon economic conditions and slip occupancy and shall be publicly announced prior to implementation. Such incentives shall be offered equally to all members of the class of people to whom the incentives are offered, contingent upon slip availability.

4. Payment Schedule: Slip rental is due according to the following schedule:

25% by December 31

25% by February 28

25% by April 30

25% by June 30

5. Rent will be pro-rated for partial season occupancy by new applicants, based on the proportion of the season remaining at time Permittee is notified the slip is available. (Season shall be calculated as June 1 through October 31 for pro-rata purposes.) There shall be no pro-rata discounting for any vessel offered a slip prior to June 1. Prorated slip rental will be due in full upon receipt of a Harbor Occupancy Agreement by the Department.

6. Late Charges: For payments not submitted by the scheduled due date, a late charge of 3% of the amount due shall be assessed per month. No boat shall be allowed initial occupancy of the assigned slip until all scheduled payments (including late charges) have been made. Any slip rental payment more than 60 days in arrears shall result in lease termination and boat impoundment.

c) Slip Renting – Temporary

Visiting vessels 30 feet and under LOA will be charged a minimum daily rate of $40. There will be an additional per foot per day charge not to exceed $2 for each foot of vessel over 30 feet LOA. Each seventh consecutive day leased under a temporary permit will be free. Discounts or credits shall be deducted from the total when such incentives are offered.

d) Rate Changes

The Department of Natural Resources reserves the right to change rates.

e) Utilities

Normal utility use is included in slip rental fees. Excess use (defined as consumption beyond average consumption of a similar size boat), as determined by the M.A.O., will be billed at the rate charged Department of Natural Resources by the respective utilities.

f) Other Fees and Charges

The M.A.O. shall post in a public place the schedule of miscellaneous fees and charges. Fees may be charged for such things as replacement of lost parking permits, cables, use of Marina facilities, collection costs, damage to Marina property, credit card convenience, and other Marina services necessary to maintain the safety and operation of the Marina.

History

• Source: Amended at 29 Ill. Reg. 1342, effective January 10, 2005

17 Ill. Adm. Code 220.70 Other Regulations

a) Quiet Hours: Quiet hours from 11:00 p.m. to 7:00 a.m. shall be observed in the Marina. During this period, no loud noise or instrument producing or reproducing sound shall be used in such a manner as to disturb the peace, quiet and comfort of the neighboring inhabitants. The sounding of horns as required by Marine Rules of the Road is not a violation of quiet hours.

b) Sanitation and Refuse: All trash must be placed in the provided dumpsters located in each turnaround. No sanitary or any marine discharge is allowed in the basin. Pump out stations are provided in the main basin and at the fuel dock. All trash shall be placed in plastic garbage bags prior to disposing in the dumpsters. Fish cleaning shall be done at designated areas only. Fish cleaning is allowed aboard docked vessels provided that all refuse is placed in plastic bags and deposited in the designated containers, at the fish cleaning station. The use of red plastic bags is prohibited. Any disposal of fish waste into the harbor is strictly prohibited.

c) Motor Vehicle Traffic and Parking:

1. Visitors will park in the visitors lot only.

2. Permittee Parking: Access to restricted parking, docks, and bathhouses will be provided to the Permittee by the M.A.O. Any misuse of these privileges may be cause for termination of the slip permit.

3. Illegally Parked Vehicles: Any vehicle in violation of parking regulations may be ticketed and/or towed at the expense of the vehicle owner in accordance with the Illinois Vehicle Code [625 ILCS 5].

4. Occupancy of any parked vehicle in the public areas between the hours of one a.m. and five a.m. shall be unlawful without written permission from the M.A.O. displayed in the left front windshield area.

d) Bicycles and Motorcycles: No person shall roller skate, skateboard, or ride bicycles, manual or motorized scooters or motorcycles on the docks and gangways within the Marina or upon the boardwalk.

e) Security Gates: The security gates to the main piers are not to be blocked open at any time. Any tampering of the Marina security systems may be cause for termination of the slip permit. Termination shall be based upon such considerations as the nature of damages or threat to security. All persons within the secured area of the Marina shall identify themselves upon request by Marina personnel.

f) Swimming/diving: Swimming and diving are not permitted within the protected harbor areas of the Marina.

g) Fishing:

1. Fishing is prohibited within the Harbor and from any of its structures or breakwaters, except at a designated fishing pier or from a vessel berthed in a slip using a pole and line. No line shall extend into any fairway or maneuvering area.

2. Ice fishing is allowed when conditions permit between sunrise and sunset from November 15 until March 15.

A) Ice fishing is permitted off H and I docks only.

B) Fishing shelters must bear the name and address of the owner and must be removed by sunset.

C) Ice holes may not exceed 12" diameter.

D) Pole and line fishing only (three poles or tip-ups, with no more than two hooks each) is permitted.

3. No wood or charcoal fires are allowed. No open flame on dock structures is allowed.

4. Pets must be controlled and on a leash. Owners are responsible for cleaning up after their pets.

5. All trash must be discarded in Department designated containers.

6. No sitting on or using of dock box when ice fishing.

h) Cooking: No cooking or barbecuing shall be permitted on any dock in the Marina. Cooking or barbecuing (gas/propane only) shall be permitted on the slip holder's vessel. Use of charcoal grills or charcoal lighter shall be in Department designated landside areas only. Used charcoal and ash shall be deposited in Department designated containers only.

i) Lost and Found: All found items should be taken to the M.A.O.'s office.

j) Commercial Activity: No commercial advertising or solicitation is permitted in the recreational basin. A slip holder may place a single 8½ x 11" For Sale sign within the vessel. The use of any boat as a demonstrator by a boat dealer shall be regulated by the vendor regulations which shall be published by the Department.

k) Tampering with or boarding other vessels without permission is prohibited.

l) Anchoring: Except in cases of emergency (see Section 220.80), no boat shall anchor in North Point Marina waters.

m) Feeding of wildlife is prohibited.

History

• Source: Amended at 32 Ill. Reg. 14754, effective August 27, 2008

17 Ill. Adm. Code 220.80 Emergency Boarding of Vessels

Emergency Boarding of Vessels: The Department reserves the right to board any vessel in the Marina in the case of an emergency. The Department reserves the right to determine emergency situations, based upon threat to persons, property or environment and the immediacy of necessary action, including immediate vessel removal.

History

• Source: Amended at 29 Ill. Reg. 1342, effective January 10, 2005

17 Ill. Adm. Code 220.90 Waiver of Claims

The Department of Natural Resources is not responsible for personal injury or property damage incurred by guests, licensees, invitees or trespassers unless caused by gross negligence on the part of the Department.

17 Ill. Adm. Code 230.10 Definitions

a) Department – Illinois Department of Natural Resources and its agents or employees.

b) Employees – Persons working for a vendor, including the vendor himself.

c) Marina – North Point Marina Complex, including its roads, buildings, grounds, docks and waters.

d) Marina Service Center – That concessionaire who has leased and is operating the Marina service building and docks in the commercial harbor.

e) Vendor – Any marine service business which has not leased grounds or buildings at the North Point Marina Complex for the purpose of establishing a permanent business.

17 Ill. Adm. Code 230.20 Vendor Authorization

Each vendor:

a) must be authorized by the Department prior to performing work or providing service within the Marina;

b) will be required to pay an annual license fee of $300 prior to authorization to perform work or provide service within the Marina;

c) must provide a current list of employees who will be assigned to work at Marina property. The list shall include such items as name, age, immediate supervisor's name and company employed by. Keeping this list shall be a continuing duty of the vendor;

d) possess all business licenses required by the State of Illinois, the County of Lake and the Village of Winthrop Harbor, comply with all applicable Federal, State and local laws relating to the operation of the business;

e) has the responsibility to conduct a background check on his employees assigned to work at Marina property;

f) shall agree in writing to assume all liability for damage, injury or criminal act caused by its employees while conducting business at Marina property and to hold the Department harmless for those damages, injury or criminal acts; and

g) shall provide a certificate of insurance naming the State of Illinois, Department of Natural Resources as additional insured. A schedule of insurance requirements shall be provided to the Marina Administrative Office by the vendor.

History

• Source: Amended at 29 Ill. Reg. 1358, effective January 10, 2005

17 Ill. Adm. Code 230.30 Access and Work Requirements

Upon arrival at the Marina:

a) Licensed vendors will be issued a vendor code at the beginning of the season. This code will provide access to the docks and parking gates. Vendor's vehicles must be identified. The vendor name should be conspicuously displayed so as to be visible to Department personnel. Any misuse of these privileges will result in termination of the Vendor Services Agreement.

b) Unlicensed vendors must register at the Marina Office and provide a work order identifying what boats they will be working on and the nature of the work. The vendor will then be issued a gate pass. All unlicensed vendors must log out at the Marina Office and return the gate pass upon completion of the work or at the end of the work day, whichever comes first. Unlicensed vendors not providing evidence of warrant work being performed will be required to become a licensed vendor within 7 days.

c) All vendors will be required to be in uniform with company name visible or a Marina pass will have to be worn so as to be visible to Department of Natural Resources personnel.

d) Employees shall present a valid vendor work order and/or personal identification upon request of Department personnel.

e) Employees found working without proper authorization will be escorted to a harbor supervisor for disposition. Any employee found to be working without proper identification more than once may be banned from working at Departmental property for up to five years in accordance with the standards expressed in 17 Ill. Adm. Code 2530.420.

f) All employees may perform only such work as authorized by agreement between vendor and Department.

g) Employees performing mechanical work must be certified by an appropriate certifying or training organization.

h) Except in cases of emergency to keep a vessel afloat, no work shall be done between sunset and 8 a.m.

i) No employee shall place any tools, equipment, parts or materials so as to obstruct docks, fingers or walkways.

j) Use of Marina dock carts is prohibited.

History

• Source: Amended at 29 Ill. Reg. 1358, effective January 10, 2005

17 Ill. Adm. Code 230.40 Miscellaneous

a) Any commercial use of the public boat launching ramp will result in a fee charged by the Department, based upon the type of activity. The Marina office must be notified in advance of any commercial use. Commercial use of the public boat ramps is prohibited on weekends, holidays or when so posted due to high use.

b) Hull wash-downs may not be done on Marina property except at the Marine Service Center designated wash-down area.

c) The Department will entertain requests for temporary vendor permits for special events pursuant to 17 Ill. Adm. Code 150.50.

Chapter I Department of Natural Resources

Subchapter a Lands

Part 230 North Point Marina Vendors

17 Ill. Adm. Code 230.50 Penalties

In addition to any specific penalties prescribed in this Part, violators of any of the provisions of this Part are subject to loss of privilege to vend their goods and/or services at the Marina for up to 5 years, in accordance with the standards expressed in 17 Ill. Adm. Code 2530.420, as well as any and all penalties prescribed by law (Section 6 of the State Parks Act [20 ILCS 835/6]).

History

• Source: Amended at 29 Ill. Reg. 1358, effective January 10, 2005

Part 370 The Protection of Archaeological Resources

17 Ill. Adm. Code 370.10 Purpose

This article provides essential definitions and guidelines to land managers and the public so that protection of Department of Natural Resources managed archaeological resources can be improved through the judicious and rational enforcement of the Archaelogical and Paleontological Resources Protection Act [20 ILCS 3435] and the federal Archaeological Resources Protection Act of 1979 (16 USC 470aa).

History

• Source: Amended at 28 Ill. Reg. 8030, effective May 26, 2004

17 Ill. Adm. Code 370.20 Definitions

a) "Archaeological resource" refers to any material remains of past human life or activities that are of archaeological interest and at least forty (40) years of age, as well as the physical site, location, or context in which those remains are found.

b) "Archaeological interest" refers to any object, site or other material remains that, as a result of its study and analysis, may provide information or knowledge about human life and activities in the past.

c) "Material remains of past human life or activities" refers to any physical evidence of human habitation, occupation, use or activity. Such items of evidence include, but are not limited to:

1. surface or subsurface structures,

2. shelters,

3. facilities,

4. features (specific examples include, but are not limited to: domestic structures, human-made mounds, earthworks, canals, reservoirs, horticultural garden areas, rock alignments, cairns, kilns, and post moulds),

5. surface or subsurface concentrations or scatters or artifacts,

6. whole or fragmentary tools, implements, containers, weapon projectiles, clothing, and ornaments (specific examples of these include, but are not limited to: pottery and other ceramics, basketry, cordage, weavings, coins, bullets, bottles, and other glassware, flaked stone, bone, metal, wood, hide, feathers, and pigments),

7. by-products of manufacture or use of human-made or natural materials,

8. organic waste (specific examples include, but are not limited to: vegetal and animal remains, coproloites),

9. rock carvings, rock paintings, intaglios, and other works of artistic or symbolic representation,

10. rockshelters or caves containing any of the foregoing materials,

11. the physical site or location of any of the foregoing,

12. any portion or piece of any of the foregoing.

d) "Person" refers to any individual, corporation, partnership, trust, association, or any other private entity, or any officer, employee, agent, or department or recognized political unit or subdivision.

Chapter I Department of Natural Resources

Subchapter a Lands

Part 370 The Protection of Archaeological Resources

17 Ill. Adm. Code 370.30 Prohibitions

No person shall:

a) Excavate or remove any archaeological resource located on Department of Natural Resources lands; i.e., lands owned, managed, licensed, or leased by the Department except as provided for in a permit issued jointly by the Department of Natural Resources and the Illinois Historic Preservation Agency.

AGENCY NOTE: Procedures for the issuance of the joint permit are set forth in 17 Ill. Adm. Code 390.

b) Collect or remove from the surface any archaeological resource located on Department of Natural Resources land, except as provided for in a permit issued by the Department of Natural Resources and the Illinois Historic Preservation Agency.

c) Alter, deface, vandalize, destroy, or otherwise damage any archaeological resource located on Department of Natural Resources lands; i.e., property owned, leased, or licensed by the Department of Natural Resources.

History

• Source: Amended at 28 Ill. Reg. 8030, effective May 26, 2004

17 Ill. Adm. Code 390.10 Purpose

This article sets forth the conditions under which archaeological research by organizations and individuals outside of the Department (who are not operating as "agents" of the Department) may be permitted.

17 Ill. Adm. Code 390.20 Application

In order to obtain permission from the Department of Natural Resources to undertake archaeological investigations on Department managed lands the proposer of the research must apply to the Division of Resource Review and Coordination, Cultural Resource Coordinator at least 6 months before the starting date of the proposed project. The proposer must submit a detailed research proposal:

a) This proposal must detail the significant archaeological/scientific research questions that the research will investigate, why such investigations can only be undertaken at the Department of Natural Resources managed site in question or why that site is the optimum choice for those investigations. The proposal must be sufficiently detailed to allow the Cultural Resource Coordinator to arrive at an objective evaluation of the research design, field methodology, and techniques. The proposal must include detailed resumes of key project personnel (e.g., principal investigator, field director, and staff directing any specialized analyses proposed).

b) An acknowledgement in writing that all materials recovered and documentary evidence generated by the research project remain the property of the State of Illinois.

c) The proposal must indicate what plans the proposer has for publication of results and for the final disposition of the materials. All materials (artifacts, floral and faunal remains, C-14 samples, notes, maps, photographs, profiles, etc.) must be permanently curated at the Illinois State Museum.

History

• Source: Amended at 28 Ill. Reg. 8034, effective May 26, 2004

17 Ill. Adm. Code 390.30 Review Criteria

The research proposal will be reviewed by the Cultural Resource Coordinator who shall not recommend the approval of an archaeological investigation to the DNR director if:

a) The Department of Natural Resources field management personnel (affected Site Superintendent, Regional Land Manager or Regional Historian) indicate that the proposed project will interfere with general site management, or is in conflict with established objectives for the site; or

b) The research is not deemed to be scientifically significant; or

c) Funding level is not sufficient to complete the proposed investigation; or

d) The research proposal is inadequate, or if any part of the proposal is found to be deficient; or

e) There is any question as to the ownership of the resulting materials; or

f) The key project personnel are not adequately trained or lack sufficient experience to successfully complete the proposed project; or

g) The facilities and institutional support for the proposer are inadequate to successfully complete the project.

History

• Source: Amended at 28 Ill. Reg. 8034, effective May 26, 2004

17 Ill. Adm. Code 390.40 Conditional Permit Issuance

a) All permits for archaeological investigations issued by the Department of Natural Resources are conditional on the applicant demonstrating to the Cultural Resource Coordinator, at least 30 days before initiation of fieldwork, that the project is fully and adequately funded and that the applicant is in receipt of a permit from the Historic Preservation Agency.

b) The applicant must detail in writing the amount and source of all funding .

History

• Source: Amended at 28 Ill. Reg. 8034, effective May 26, 2004

17 Ill. Adm. Code 390.50 Suspension or Revocation of Permits

a) Suspension of Permits. The Director of the Department of Natural Resources shall suspend a permit, until conditions leading to the suspension are rectified, if there are indications that:

1. Any facts in the proposal were misrepresented, or

2. The research design and/or methodology has been changed without authorization from the Director, or

3. There are violations of the permit conditions, or

4. The archaeological investigation is interfering unnecessarily with normal management of the Departmental property.

b) Revocation of Permit. The Director shall permanently revoke a permit if, after investigation, it is clear that:

1. Facts in the permit proposal were willfully misrepresented, or

2. The permittee refuses to conform to research design/methodology requirements set forth in the proposal, or as specified by the Director, or

3. The archaeologists are willfully interfering with Departmental management practices.

17 Ill. Adm. Code 390.60 Hearings and Appeals

Hearings and appeals will be dealt with following standard departmental procedures as set forth in 17 Ill. Adm. Code 2530.

Chapter I Department of Natural Resources

Subchapter b Fish and Wildlife

Part 510 General Hunting and Trapping on Department-Owned, -Leased or -Managed Sites

17 Ill. Adm. Code 510.10 General Site Regulations

a) Regulations

1. All the regulations cited in this Part apply to all Department species rules, unless the species rule is more restrictive.

2. The legal possession of a concealed firearm by a validly licensed concealed carry licensee (see 430 ILCS 66) is allowed within designated areas as defined in subsection (b)(2), subject to Section 2.33 of the Wildlife Code on illegal devices and State refuges, the prohibitions set forth in Section 65 of the Firearm Concealed Carry Act and any applicable federal regulations. Violation is a Class B misdemeanor (see 520 ILCS 5/2.33), except that violation of Section 2.33(g), (i), (p), (y) and (cc) are Class A misdemeanors with a minimum $500 fine and a maximum $5,000 fine, in addition to other statutory penalties. Nothing in this Part shall be construed to criminalize the legal possession of a concealed firearm by a validly licensed concealed carry licensee (see 430 ILCS 66).

b) Definitions

1. Unauthorized person – any individual who is not a Department employee, an individual who is not present for the purpose of hunting or trapping, or is an individual who does not fall under the definition of "non-hunting or non-trapping partner" pursuant to subsections (b)(10) and (d)(8).

2. Designated area – a defined location at a site with a set boundary within which only a specified recreational activity such as hunting or trapping may take place during a publicly announced time period.

3. Hunting/Trapping area – any portion of a site where actual hunting and/or trapping takes place. It does not include places such as parking lots, check stations, pavilions, or picnic areas associated with a hunting/trapping area.

4. Restricted area – a defined location at a site with a set boundary within which hunting and/or trapping is prohibited.

5. Refuge area – a defined location at a site with a set boundary within which no public activity or presence is allowed, except as authorized by the Department when it is determined that activity such as nature studies, hiking, fishing or camping would not be detrimental to the purpose of the refuge.

6. Adult – a person 18 years of age or older.

7. Waterfowl rest area – a defined location at a site with a set boundary within which no public activity or presence is allowed for a specified period of time, except as authorized by the Department.

8. Hunter or trapper quota – The maximum number of hunters or trappers that can be accommodated at a site at any one time. Hunter and trapper quotas are determined by the formula of one hunter or trapper per 10-40 huntable acres. The number of huntable acres is determined by, but not limited to, the biological studies on the number of available animals within a species, the condition, topography and configuration of the land at the site, the condition of the roads at the site and the number of employees available to work at the site.

9. Publicly announced – The information referred to will be included on the Department's Internet Home Page at www.dnr.illinois.gov, provided to outdoor writers for newspapers, and placed on the Department's Toll Free Hotline.

10. Non-hunting or non-trapping partner – a person who accompanies a hunter or trapper and does not hunt or trap during the trip.

c) It shall be unlawful:

1. For any person to possess any alcoholic beverage or illegal drug or be under the influence of alcohol, cannabis, illegal drugs, or intoxicating compounds while in any hunting/trapping area for the purpose of hunting or trapping.

2. To hunt or trap on any site with a manned check station without first declaring game killed on a previous hunt and in possession either on the hunter's person or in their vehicle.

3. To construct or use any tree stand or ground blind using nails, screws or any device which pierces or cuts the bark of the tree on which it is installed.

4. To hunt or trap in a restricted area.

5. For unauthorized persons to use or occupy in any manner designated hunting areas during the permit dove hunting season and controlled pheasant hunting season at sites holding such seasons, or during any hunting season where such restrictions are so posted at the site, when authorized hunting is in progress.

6. To enter a refuge, restricted area or waterfowl rest area unless authorized by the Department.

7. To hunt or trap on any Department-owned or -managed land that is not a designated area pursuant to applicable species rules (17 Ill. Adm. Code 530, 550, 570, 590, 650, 660, 670, 680, 690, 710, 715, 720, 730, and 740).

8. To buy, sell or commercialize hunting or trapping rights, directly or indirectly, except that this does not apply to Department of Natural Resources hunting or trapping fees or to the operation of controlled pheasant hunting on Department lands pursuant to a written concession agreement.

9. To hunt or trap without a valid permit where permits are required.

10. To hunt with any weapon except those weapons that are authorized by rule for the species that is being hunted unless otherwise specified by a more restrictive administrative rule.

11. To track deer with dogs on any Department owned or managed site during hours when deer hunting is being conducted on the site.

12. To use or occupy a ground blind during any firearm deer season, unless at least 400 square inches of solid, vivid blaze orange or blaze pink material is securely attached to the uppermost portion of the blind and a substantial amount of orange is visible for 360 degrees.

d) Specific Management Procedures

1. Specific management procedures will be posted at either check stations or site parking lots at the site so the procedures will be visible to the public.

2. Where there is a check station in operation, or where designated, hunters must sign in and/or sign out, and report harvest upon completing their hunt via physical check stations, registration kiosks, or electronically, as posted. Some areas require the wearing of a back patch and depositing hunting license (or Firearm Owner's Identification card if the hunter is exempt from buying a license).

3. In the event that Department budget or site staffing reductions make the operation of check stations, onsite drawings, and/or other restrictive regulations impractical, State sites may be opened to statewide regulations, have reduced drawings, hunting opportunities allocated on a first-come, first-served basis, or be closed to hunting. On sites where permits are issued, permittees may still hunt as allowed by their permit. Notice of these modifications will be posted at the site if any modification is implemented, as authorized by this subsection (d)(3).

4. Statewide regulations shall apply at sites where windshield cards are issued, except that each hunter must obtain a free site windshield card online from the Department website. This windshield card must be displayed under the vehicle windshield, face up, and with the windshield card number visible. Hunters must report their annual harvest online (even if the hunter did not hunt) by February 15 or two weeks after the season closes for those seasons ending after February 1.

5. Department will have the authority to issue site specific deer permits in addition to any other deer permits issued by the Department (see Parts 650, 660, 670 and 680) and to designate the sex of deer (antlered or antlerless) that hunters may harvest through site-specific regulations.

6. All hunter or trapper quotas are filled on a first come-first served basis unless a drawing or special permit is used. The Department shall use a special permit or drawing whenever past hunter or trapper participation at a particular site reveals that the demand exceeds the quota established by the Department. Hunters or trappers will be notified as expeditiously as possible through site postings, news releases or public announcements when quotas are established.

7. During pheasant, rabbit, quail and partridge season, hunters are required to wear a cap and upper outer garment of solid and vivid blaze orange or blaze pink of at least 400 square inches while hunting pheasant, quail, Hungarian partridge, rabbit, snipe, rail and woodcock.

8. Non-hunting or non-trapping partners may accompany hunters and trappers on their hunting or trapping trips. Partners must be unarmed and remain with the hunter or trapper throughout the trip. On sites where special permits are required, each permit holder or party is limited to one non-hunting or non-trapping partner per trip. On sites with waterfowl blinds, non-hunters count towards the blind's maximum occupancy.

History

• Source: Amended at 48 Ill. Reg. 15511, effective October 17, 2024

17 Ill. Adm. Code 510.20 Hunting and Trapping by Special Permit

a) A special permit will be issued by the Department for Department-owned or ‑managed sites when hunter or trapper demand is greater than the site can handle. The permit system is used as a fair and equitable way to distribute hunting and trapping opportunities without over-harvesting the wildlife population.

b) Application information will be announced publicly by the Department.

c) Special permits may be allocated via randomized drawing to increase hunter and trapper recruitment, retention and reengagement. Hunter and trapper quotas will be filled equally with resident adult and youth who have hunted or trapped no more than two years of the last consecutive five years based on purchases of Illinois hunting or trapping licenses or state habitat or state wetland stamps. If fewer adult or youth hunters apply for available openings for the respective age category, then vacancies shall be available to the other age category.

History

• Source: Amended at 45 Ill. Reg. 12584, effective September 24, 2021

17 Ill. Adm. Code 515.10 Reporting of a Hunting or Trapping Accident

a) Every Hunting or Trapping Accident Report involving serious personal injury (i.e., death, internal injury, broken bones, lose of appendage, disfigurement) or gun shot or archery wound shall contain the following, if known:

1. The names and addresses of the victim and shooter or trapper;

2. The locality where the accident occurred;

3. The time and date the accident occurred;

4. The type of accident, being fatal or non-fatal;

5. The age and sex of the victim and shooter or trapper;

6. Information as to whether or not the victim and shooter or trapper had a hunting or trapping license;

7. Information as to whether or not the victim and shooter were wearing hunter orange;

8. Information as to whether or not the victim and shooter or trapper were Hunter Safety Education or Trapping Safety Education course graduates and the number of course hours attended;

9. The type of game being hunted or trapped;

10. The type of firearm which was used;

11. The distance of muzzle to wound in yards;

12. Weather conditions at time of accident;

13. The type of field cove the victim was in;

14. The nature and extent of injury to any person or persons involved in a fatal or non-fatal accident; and

15. A description of the accident (including opinions as to the cause).

b) Hunting and trapping accidents shall be filed with the Department of Natural Resources at the address listed below and shall be reported on accident report forms obtained from the Department by calling 217/782-6431 or writing to:

Department of Natural Resources

Division of Law Enforcement

524 S. Second Street

Springfield, IL. 62701-1787

Chapter I Department of Natural Resources

Subchapter b Fish and Wildlife

Part 520 Scientific Permits

17 Ill. Adm. Code 520.10 Purpose

The following rules and regulations have been established to govern the taking and/or possession of Illinois Fauna protected under Section 5-25 of the Fish and Aquatic Life Code [515 ILCS 5] and Section 2.2 of the Wildlife Code [520 ILCS 5] for scientific purposes and the issuance of said permits for such activities.

History

• Source: Amended at 47 Ill. Reg. 12398, effective August 4, 2023

17 Ill. Adm. Code 520.20 Requirements and Application

Any person who wishes to take, rehabilitate or salvage Illinois fauna for scientific or educational purposes must obtain and possess a valid scientific permit from the Department of Natural Resources (Department).

a) To be eligible for a scientific permit for scientific study the applicant must be:

1. 18 years of age; and

2. Engaged in scientific study which may include, but is not limited to, research for species conservation and education, and data collection by organized citizen groups. Organized citizen groups are defined as members of the general public who collect and analyze data relating to the natural world as part of a collaborative project with professional scientists.

b) To be eligible for a scientific permit for rehabilitation of fauna the applicant must:

1. Be 18 years of age;

2. Have experience in treating and handling wild animals and have facilities available to treat, care for and produce self-dependent fauna for release to the wild; and

3. Have public or State scientific, educational or zoological institutions available which will take dead and/or permanently disabled fauna.

c) Application for a scientific permit shall be made on forms provided by the Department. Applications can be found on the Department's website, www.dnr.illinois.gov.

d) Scientific permits will be issued by the Department provided the applicant has met the eligibility requirements of this Section, the application form has been completed and the project description meets the criteria of Section 520.30.

e) Final judgment of applications and applicability of formal agreements described in Section 520.30(a) will be made by the Chief, Division of Wildlife Resources on wildlife permits; by the Chief, Division of Fisheries on fisheries permits; and by the Chief, Division of Natural Heritage on heritage permits based on the criteria contained in Section 520.20(d).

f) The possession of Department scientific permit does not excuse the permittee from complying with federal regulations. Permittees may be required to obtain federal permits in order to take or band migratory birds or other species protected by the U.S. Department of Interior. Banding activities are considered to be any activity that involves affixing plastic, metal or other material to legs of birds.

History

• Source: Amended at 47 Ill. Reg. 12398, effective August 4, 2023

17 Ill. Adm. Code 520.30 General Provisions

a) Formal agreements between the Department and State or federal agencies, county or municipal conservation agencies, universities or other scientific institutions that include annual reports, meet the eligibility criteria of Section 520.20 and meet the requirements of this Section will serve as scientific permits for employees designated by the agency, university or scientific institution. This includes agreements for Department sponsored scientific studies. Scientific permits under this Section will be valid for the term stated in the agreement. The agreement must state the term of the agreement and that the agreement is intended to serve as a scientific permit.

b) Scientific permits not covered under subsection (a) will be issued on an annual basis and will expire on December 31.

c) The scientific permit is valid for only the approved activities stated on the permit. Under no circumstances shall a scientific permit be used in lieu of sport or commercial licenses.

d) Permittee's method of taking fauna must be approved by the Department. Approved methods include, but are not limited to, electro-fishing, nets, hand and traps. All devices used for taking which are left unattended must have the permittee's name, address and scientific permit number visible on them.

e) Taking and/or salvage of fauna is only allowed in areas designated on the permit.

f) Taking and/or salvage of fauna on private properties requires oral or written landowner's permission. This permit does not allow the privilege of trespass.

g) Fauna taken and/or salvaged and rehabilitated must be released to the wild or permanently donated to a public or State scientific educational or zoological institution within 120 days.

h) At no point will a scientific permit be issued or allowed for the keeping of fauna as a pet or companion animal.

i) Except as otherwise stated on the face of a permit, any person who is under the direct control of the permittee, or who is an agent of the permittee for the purposes authorized by the permit, may carry out the activity authorized by the permit.

j) Permittee is responsible for ensuring compliance with the provisions of the permit and reporting on behalf of the permittee's agents engaged in the taking and/or salvage of fauna under the issued permit. Permittee must maintain a record of all specimens taken and shall present such record upon request to Department.

k) No person shall transfer a permit issued pursuant to this Part to another person.

l) Permits issued under this Part or valid copies thereof must be in the possession of the permittee or the permittee's agents when engaged in the taking and/or salvage of fauna and presented upon demand to any authorized officer or agent of the Department or any police officer of the State of Illinois or of any unit of local government within the State of Illinois.

m) Permittees issued a permit under subsection (c) shall submit an annual report to the Department of the past year's activities on forms provided by the Department by January 30 of the next year. At a minimum, permittees will be required to report the number of individuals and species taken, live or salvaged, and disposition.

n) Permittees shall also provide the Department a copy of all articles and scientific publications resulting from the permitted activities. Permits issued under subsection (c) will be renewed only after copies of the annual report and all related documents have been received by the Department.

o) A scientific permit does not release the permittee from compliance with other provisions of the Illinois Administrative Code nor from federal or State law and does not supersede federal permits.

History

• Source: Amended at 47 Ill. Reg. 12398, effective August 4, 2023

17 Ill. Adm. Code 520.40 Renewal

Renewal of current permits, which require more than one year to complete the project, require the permittee to submit an annual report as prescribed in Section 520.30(j). Failure to provide these reports by March 31 will result in denial of subsequent renewal requests by the permittee.

17 Ill. Adm. Code 520.50 Revocation and Suspension of Permits – Hearings and Appeals

In accordance with Section 20-105 of the Fish and Aquatic Life Code [515 ILCS 5] and Section 3.36 of the Wildlife Code [520 ILCS 5], failure to comply with the provisions of the scientific permit, Fish and Aquatic Life Code and Wildlife Code pertaining to scientific permits, and this Part or providing false information to obtain a scientific permit will result in suspension or revocation of the scientific permit. Suspension of the scientific permit will be for a period of not less than one year. The procedure by which suspensions and revocations are made, the rights of permittees to notice and hearing; and the procedures governing such hearings are set forth in 17 Ill. Adm. Code 2530.

History

• Source: Amended at 47 Ill. Reg. 12398, effective August 4, 2023

Part 525 Nuisance Wildlife Control Permits

17 Ill. Adm. Code 525.10 Purpose

This Part has been established to govern the taking, possession, transport and disposition of species protected by Section 2.2 of the Wildlife Code [520 ILCS 5] that are causing damage to property or a risk to human health or safety and the issuance of Nuisance Wildlife Control Permits. Activities authorized by these permits are governed solely by Sections 2.37 and 2.38 of the Wildlife Code and this Part. All other game protective provisions of the Wildlife Code do not apply unless referenced specifically by this Part.

History

• Source: Amended at 41 Ill. Reg. 8476, effective June 28, 2017

17 Ill. Adm. Code 525.15 Definitions

"Bait" means mammal, bird or fish flesh, fur, hide, entrails or feathers and parts thereof that are placed in or near a trap to lure wild animals.

"Bat" means members of the family Vespertilionidae.

"Cushion-hold trap" means a commercially manufactured trap of the spring-loaded type with offset jaws designed to capture an animal by closing upon one of its limbs and that is so constructed that the edges designed to touch the animal are composed of a nonmetallic substance that eliminates or mitigates injury to the trapped animal.

"Department" means Department of Natural Resources.

"Exterior exclusion" means sealing gaps, crevices, holes or other exterior means of access to a structure as part of a program to remove bats. Bats retain the ability to enter and exit a structure at one or more points of access until permanent eviction.

"Furbearing mammal" means the following species: mink, muskrat, raccoon, striped skunk, long-tailed weasel, least weasel, bobcat, opossum, beaver, river otter, badger, red fox, gray fox and coyote.

"Game bird" means the following species: ruffed grouse, sharp-tailed grouse, northern bobwhite, gray partridge, chukar, ring-necked pheasant, greater prairie chicken and wild turkey.

"Game mammal" means the following species: cottontail rabbit, swamp rabbit, white-tailed deer, fox squirrel, gray squirrel and groundhog (woodchuck).

"Governmental Body" means a federal agency or any State entity authorized under State of Illinois laws, including but not limited to counties, municipalities, townships or special-purpose districts.

"Interior exclusion" means sealing gaps, crevices or other means of access to living quarters of a structure as part of a program to remove bats. Bats retain access to parts of a structure that are not frequented by humans and the ability to enter and exit this space until permanent eviction.

"Land set" means any trap or similar device that is not placed or set in contact with flowing or impounded water.

"Migratory bird" means wild migratory game birds and wild resident and migratory nongame birds protected by Section 2.2 of the Wildlife Code.

"Other mammals" means flying squirrel, red squirrel, eastern woodrat, golden mouse, rice rat and Franklin's ground squirrel.

"Permanent eviction" means use of exterior exclusion and installation of one-way doors, valves or vents that allow bats to exit a structure but bar re-entry. Locations of these devices are sealed permanently after eviction of bats.

"Permit" or "Nuisance Wildlife Control Permit" is the granting of permission by DNR, under the authority of the Wildlife Code, to an individual or entity to take, possess, transport or dispose of protected species within Illinois. The types of permits are:

Class A: Commercial – Mammals and Game Birds

Class B: Zoos, or Botanical Gardens or Landowners/Tenants Applying to Take Migratory Birds on Their Property in Accordance with a Federal Permit

Class C: Governmental – Mammals and Game Birds

Class D: Commercial – Migratory Birds

Class E: Governmental – Migratory Birds

"Protected species" means wild birds and mammals protected by Section 2.2 of the Wildlife Code.

"Restricted pesticide" means any substance or mixture of substances intended for preventing, destroying, repelling or mitigating any pest, the use of which has been categorized as restricted under the Federal Insecticide, Fungicide, and Rodenticide Act (7 USC 136), as amended, or under the Illinois Pesticide Act [415 ILCS 60].

"Submersion set" means a device that is set underwater or a water set that employs a slide wire or tangle stake.

"Take" means hunt, shoot, pursue, lure, kill, destroy, capture, gig, spear, trap or ensnare, or attempt to do so.

"Water set" means any trap or similar device that is placed or set in contact with flowing or impounded water.

"Wildlife Code" or "Code" means the Illinois Wildlife Code [520 ILCS 5].

History

• Source: Added at 41 Ill. Reg. 8476, effective June 28, 2017

17 Ill. Adm. Code 525.20 Requirements, Application and Permit Procedures

a) Any individual desiring to take game mammals, furbearing mammals, other mammals, game birds, or bats, or to provide services for the exclusion and/or eviction of bats, that are causing damage to property or risks to human health or safety on the land of another, for a fee, must first obtain a valid Class A Nuisance Wildlife Control Permit from the Department.

b) Not-for-profit (501(c)(3)) zoos and botanical gardens desiring to take protected species that are causing damage to property, risks to human health or safety, or risks to specimens on lands owned by that entity must first obtain a valid Class B Nuisance Wildlife Control Permit from the Department. Landowners and tenants who desire to take migratory birds on their property, in accordance with a valid federal permit, and without the aid of a Class D or Class E permit, must first obtain a valid Class B permit from the Department.

c) Any governmental body desiring to take game mammals, furbearing mammals, other mammals (e.g., bats) or game birds that are causing damage to property or risks to human health or safety must first obtain a valid Class C Nuisance Wildlife Control Permit from the Department.

d) Any individual desiring to take migratory birds that are causing damage to property, risks to human health or safety, or nuisances on the land of another, for a fee, must first obtain a valid Class D Nuisance Wildlife Control Permit from the Department.

e) Any governmental body desiring to take migratory birds that are causing damage to property, risks to human health or safety, or nuisances on lands governed, owned or managed by that governmental body must first obtain a valid Class E Nuisance Wildlife Control Permit.

f) Permit Procedures

1. To be eligible for a Class A or Class D permit the applicant must be at least 18 years of age.

2. Application for a permit shall be made on forms provided by the Department.

3. The Department shall issue a Class A permit to an individual provided the applicant has:

A) met the eligibility requirements of subsection (f)(1);

B) achieved a score of at least 80% on a closed-book, written examination administered by the Department that tests the applicant's knowledge and understanding of:

i) this Part;

ii) Sections 2.37 and 2.38 of the Code;

iii) the Illinois List of Endangered and Threatened Fauna (17 Ill. Adm. Code 1010);

iv) the Illinois Dead Animal Disposal Act [225 ILCS 610];

v) "Specifications for the Humane Handling, Care, Treatment, and Transportation of Warmblooded Animals Other Than Dogs, Cats, Rabbits, Hamsters, Guinea Pigs, Nonhuman Primates, and Marine Mammals" (9 CFR 3, subpart F);

vi) Disease Free Certification and Quarantine Provisions for Propagation, Release, Importation, Exportation, and Transportation of Game Mammals, Game Birds, Migratory Birds, or Exotic Wildlife (17 Ill. Adm. Code 630); and

vii) diseases, life cycles, habits and habitats of game mammals, furbearing mammals, other mammals, bats and game birds, as well as methods of preventing or controlling damage and risks to human health or safety caused by these species.

C) completed a Hunter Safety Course administered by the Department or provided proof of equivalent training if guns are to be used to take or euthanize animals. Submission of discharge papers from the military (DD 214) showing certification as a marksman, sharpshooter or expert is considered proof of equivalent training.

4. The Department shall issue a Class B permit to a landowner or tenant provided the applicant has:

A) met the eligibility requirements of subsection (f)(1);

B) provided a copy of his or her valid federal permit for taking migratory birds; and

C) completed a Hunter Safety Course administered by the Department or provided proof of equivalent training if guns are to be used to take or euthanize animals. Submission of discharge papers from the military (DD 214) showing certification as a marksman, sharpshooter or expert is considered proof of equivalent training.

5. Authorization granted to landowners or tenants and their agents for taking migratory birds is limited to properties owned or leased by those individuals and subject to refusal, revocation and/or suspension pursuant to subsections (g) though (j) of this Section and Section 525.80.

6. The Department shall issue a Class B permit to a not-for-profit (501(c)(3)) zoo provided that entity is accredited by the American Zoological Association. The Department shall issue a Class B permit to a not-for-profit (501(c)(3)) botanical garden provided that entity is a member of the American Arboreta and Botanic Garden Association. Authorization granted to not-for-profit zoos and botanical gardens is limited to properties owned by those entities and subject to refusal, revocation and/or suspension pursuant to subsections (g) through (j) of this Section and Section 525.80.

7. The Department shall issue a Class D permit to an individual provided the applicant has:

A) met the eligibility requirements of subsection (f)(1);

B) achieved a score of at least 80% on a closed book, written examination that tests the applicant's knowledge of:

i) this Part;

ii) Sections 2.37 and 2.38 of the Code;

iii) the Illinois List of Endangered and Threatened Fauna (17 Ill. Adm. Code 1010);

iv) the Illinois Dead Animal Disposal Act [225 ILCS 610];

v) Disease Free Certification and Quarantine Provisions for Propagation, Release, Importation, Exportation, and Transportation of Game Mammals, Game Birds, Migratory Birds, or Exotic Wildlife (17 Ill. Adm. Code 630);

vi) federal regulations (50 CFR 21.41); and

vii) diseases, life cycles, habits and habitats of migratory birds, as well as methods of preventing or controlling damage, risks to human health and safety, or nuisances caused by migratory birds.

8. Applicants failing the required examination may repeat the exam after 45 days. Should a second failure occur, a 6-month waiting period from the date of the second exam is required. The examination sequence can be repeated no more than twice during any 2-year period.

9. The Department shall issue a Class C or Class E permit to a governmental body upon approval of an application.

g) Violation of the Illinois Endangered Species Protection Act [520 ILCS 10], the Fish Code of 1971 [520 ILCS 5] or the Wildlife Code during the 3 years prior to application for a Class A or Class D permit shall be grounds for refusal to issue said permit.

h) Providing incomplete, deceptive or false information on an application shall be grounds for refusal to issue a permit. Providing deceptive or false information on an application is a Class A misdemeanor (see Section 2.38 of the Code).

i) Permittees who have allowed their permits to expire or had their permits revoked or suspended for more than 60 days must reapply and retake any examinations required for issuance of Class A and Class D permits.

j) Final judgement of applications shall be made by the Chief, Division of Wildlife Resources, or his/her designee, based on criteria in this Section and Section 525.80.

k) Class A, B and C permits shall be issued on an annual basis and expire January 31 of each year, except that:

1. permits issued to first-time applicants between November 1 and January 31 shall expire on January 31 of the following year;

2. Class B permits issued to landowners and tenants for control of migratory birds on their property may be issued for a period of time that coincides with their federal permit.

l) Class D and E permits shall be issued on an annual basis and expire on September 1 of each year.

History

• Source: Amended at 44 Ill. Reg. 11474, effective June 29, 2020

17 Ill. Adm. Code 525.30 General Provisions

a) Nuisance Wildlife Control Permits are not transferable.

b) Under no circumstances shall a Nuisance Wildlife Control Permit be used in lieu of a scientific collector's permit (see 520 ILCS 5/3.22) or sport or commercial licenses (see 520 ILCS 5/3.1, 3.3 and 3.27).

c) The Nuisance Wildlife Control Permit or an electronic/digital copy must be carried on the person at all times when taking or transporting fauna and be presented, upon request, to any authorized employee of the Department or any peace officer. Violation is a petty offense (see 520 ILCS 5/2.37).

d) It shall be unlawful for any person to represent himself or herself falsely to be an authorized employee of the Department, or to assume to act as such without having been duly appointed and employed. Violation is a petty offense (see Section 2.37 of the Code).

e) A Class A Nuisance permittee is an industrial user as listed in the Hypodermic Syringes and Needles Act [720 ILCS 635].

f) It is unlawful for any person to take any protected species during the firearm deer hunting season in those counties open to firearm deer hunting, unless he or she wears, when in the field, a cap and outer garment of a solid blaze orange color, with those articles of clothing displaying a minimum of 400 square inches of blaze orange material. Violation is a Class B misdemeanor (see Section 2.33(ff) of the Code).

g) The taking of white-tailed deer is prohibited except for the salvage and disposal of dead white-tailed deer in accordance with Section 525.45.

h) The taking of bats is prohibited except as provided in Sections 525.55 and 525.75.

i) The taking of game birds is prohibited except as provided in Section 525.60.

j) The taking of migratory birds is prohibited except as provided in Sections 525.65 and 525.75.

k) The taking of bald or golden eagles and species classified as endangered or threatened under the Illinois Endangered Species Protection Act (see the list of species in 17 Ill. Adm. Code 1010) is prohibited.

History

• Source: Amended at 44 Ill. Reg. 11474, effective June 29, 2020

17 Ill. Adm. Code 525.35 Approved Methods of Take: Game Mammals, Furbearing Mammals and Other Mammals

a) Approved Land Sets

1. Only the following devices may be used for land sets:

A) box traps, cage traps, colony traps or traps of similar design;

B) enclosed foot-hold traps with a single access opening no larger than 3 square inches; examples of approved devices include, but are not limited to, EGG®, D-P® (Dog-Proof) and L'il Grizz® traps;

C) cushion-hold; offset laminated and wide-jaw foot-hold traps that:

i) are listed by the Association of Fish and Wildlife Agencies as Best Management Practices for Trapping Coyotes in the Eastern United States (http://www.fishwildlife.org/files/

EasternCoyote_BMP_2016.pdf); and

ii) have an inside jaw spread of 6½ inches (16.6 cm) or less;

D) body-gripping traps powered by two springs and having an inside jaw spread of no larger than 49 square inches may be used if set inside a residence at least 4 inches from any outside surface of the structure or set outdoors at least 8 feet from the ground and enclosed in a tube, cylinder or open-ended box constructed of solid wood, metal or plastic so that the trigger of the trap is located at least 12 inches from any entrance to the enclosure in which it is set.

2. Violation is a Class B misdemeanor (see Section 2.33(a) of the Code).

b) Approved Water Sets

1. Only the following devices may be used for water sets:

A) body-gripping traps;

B) cushion-hold traps;

C) foot-hold traps;

D) enclosed foot-hold traps with a single access opening no larger than 3 square inches; examples of approved devices include, but are not limited to, EGG®, D-P® (Dog-Proof) and L'il Grizz® traps;

E) Bailey beaver traps, Hancock beaver traps or traps of similar design;

F) colony traps, cage traps, box traps or traps of similar design;

G) snares that are not powered by springs or other mechanical devices (used for water sets only) if: at least one-half of the snare noose loop is located under water at all times; the noose loop diameter is not greater than 15 inches (38.1 cm); the snare is equipped with a mechanical lock, anchor swivel, and stop device to prevent the mechanical lock from closing the noose loop to a diameter of less than 2½ inches (6.4 cm); the cable diameter is not less than 5/64 inch (2.0 mm) but not greater than ⅛ inch (3.2 mm); and the snare is not constructed of stainless steel metal cable or wire;

2. Devices listed in subsection (b)(1) may be used for submersion sets.

3. Violation is a Class B misdemeanor (see Section 2.33(a) of the Code).

c) Use of traps is subject to the following restrictions:

1. It is unlawful to fail to visit and remove all animals from traps staked out, set, used, tended, placed or maintained at least once each calendar day. Violation is a Class B misdemeanor (see Section 2.33(a) of the Code).

A) Permittees who rent, lend or otherwise transfer traps to clients, citizens or other parties (i.e., the second parties) who are not under the direct supervision of the permittee and have not obtained a Nuisance Wildlife Control Permit or a Nuisance Animal Removal Permit are responsible for any damages or violations of this Section that are perpetrated by the second party. Any animals taken by a second party must be reported by the permittee in accordance with Section 525.70(f).

B) Remote trap checking systems may be used in lieu of physical visits when those systems:

i) are used in accordance with the manufacturer's specifications;

ii) have a control unit that reports trap status to a centralized application database at least once each calendar day;

iii) have notification alarms that report trap closures and/or system health issues within one hour after detection via email or text-based messaging systems; and

iv) have on-demand control unit testing capabilities for determining trap status, signal strength, and battery condition via remote system check-in.

C) Permittees who use remote trap checking systems shall maintain records of trap status and notification alarms for a period of no less than 7 days after receipt of messages. Records shall be immediately available for inspection when a request is made by an officer or authorized employee of the Department. Failure to produce those records shall be prima facie evidence that traps were not checked each calendar day.

2. It is unlawful for any person to place, set, use or maintain any trap or snare that is not tagged, inscribed or otherwise identified with the permittee's name and address. Violation is a Class B misdemeanor (see Section 2.33(a) of the Code).

3. It is unlawful for any person to place, set, use or maintain a cushion-hold trap or foot-hold trap in water if that trap has an inside jaw spread larger than 7½ inches (19.1 cm), or a body-gripping trap having an inside jaw spread larger than 144 square inches. Violation is a Class B misdemeanor (see Section 2.33(a) of the Code).

4. It is unlawful to use any trap with saw-toothed, serrated, spiked or toothed jaws. Violation is a Class B misdemeanor (see Section 2.33(a) of the Code).

5. It is unlawful for any person to place, set or maintain any foot-hold or cushion-hold trap within 30 feet (9.14 m) of bait placed in such a manner or position that it is not completely covered and concealed from sight, except that this shall not apply to water sets. Violation is a Class B misdemeanor (see Section 2.33(a) of the Code).

6. It is unlawful for any person to remove animals from, or to move or disturb in any manner, the traps owned by another person without written authorization of the owner to do so. Violation is a Class B misdemeanor (see Section 2.33(v) of the Code).

d) Use of guns is subject to the following restrictions:

1. The use of guns shall be subject to all State restrictions.

2. The use of guns shall be subject to municipal restrictions unless otherwise authorized in writing by an official of the municipality.

3. It is unlawful for any person, except persons permitted by law, to have or carry any gun in or on any vehicle or conveyance operated on public roadways, unless that gun is unloaded and enclosed in a case. Violation is a Class B misdemeanor (see section 2.33(n) of the Code).

4. It is unlawful to fire a rifle, pistol, revolver, or air gun on, over or into any waters of this State, including frozen waters, except when performing euthanasia of game mammals or furbearing mammals that are restrained by traps. Violation is a Class B misdemeanor (see Section 2.33(q) of the Code).

5. It is unlawful to discharge any gun along, upon, across or from any public right-of-way or highway in this State. Violation is a Class B misdemeanor (see Section 2.33(r) of the Code).

e) Commercially available gas cartridges that emit carbon monoxide or carbon dioxide as primary lethal agents may be used according to the manufacturer's specifications.

f) Drugs that are acquired and dispensed in accordance with the Illinois Controlled Substances Act [720 ILCS 570], U.S. Controlled Substances Act (21 USC 801 et seq.), Federal Food, Drug, and Cosmetic Act (21 USC 301 through 3998), Animal Medicinal Drug Clarification Act of 1994 (21 CFR 530) and U.S. Drug Enforcement Administration Regulations (21 CFR 1301 et seq.) may be used to take protected species.

History

• Source: Former Section 525.35 renumbered to Section 525.65 and new Section 525.35 added at 41 Ill. Reg. 8476, effective June 28, 2017

17 Ill. Adm. Code 525.40 Prohibited Methods of Take

a) It is unlawful to use a restricted pesticide unless the applicator is licensed under the Structural Pest Control Act [225 ILCS 235]. Violation is a Class B misdemeanor.

b) It is unlawful to use a deadfall, pit trap, spear, gig, hook, crossbow, poison, adhesive, chemical, explosive or any like device to take any protected species, except as allowed in Section 525.35(e) and (f). Violation is a Class B misdemeanor (see Section 2.33(a) of the Code).

History

• Source: Former Section 525.40 renumbered to Section 525.80 and new Section 525.40 added at 41 Ill. Reg. 8476, effective June 28, 2017

Chapter I Department of Natural Resources

Subchapter b Fish and Wildlife

Part 525 Nuisance Wildlife Control Permits

17 Ill. Adm. Code 525.45 Disposition of Animals

a) All furbearing mammals and game mammals taken under authority of this Part must be released alive or euthanized except that:

1. striped skunks must be euthanized; and

2. raccoons must be euthanized or released on the same property and within 100 yards of where they are captured, or surrendered to a licensed veterinarian who is a licensed wildlife rehabilitator for euthanasia or treatment and release. Release may only be after an observation period of at least 45 days. During observation, raccoons may be housed at any properly licensed rehabilitator. Violation is a petty offense (see Section 2.37 of the Code).

b) Bats may be permanently evicted in accordance with Section 525.55, released alive in accordance with Section 525.75, or transported to a local health department, animal control office, or veterinarian for submission to a laboratory if there is concern about human exposure to rabies. Violation is a Class B misdemeanor (see Section 2.33 of the Code).

c) Migratory birds and other mammals must be released alive or surrendered to a licensed wildlife rehabilitator.

d) Animals, animal parts and animal by-products taken under authority of this Part may not be sold, offered for sale, bartered or shipped for the purpose of sale or barter. Violation is a Class A misdemeanor (see Section 2.36 of the Code).

e) All dead animals and eggs of migratory birds must be transferred to a licensed renderer, disposed of at a licensed solid waste facility, or disposed of in accordance with the Illinois Dead Animal Disposal Act [225 ILCS 610]. Violation is a Class C misdemeanor (see 225 ILCS 610/19).

f) All animals released alive must be relocated into suitable habitat in the State of Illinois within 24 hours after capture. Except as provided for in Section 525.45(a)(2), the release site must be located at least 10 but not more than 40 miles from the capture site unless the Department grants specific authority to release animals greater than 40 miles from the capture site and the animals are certified disease-free as provided for in 17 Ill. Adm. Code 630; this provision does not apply to migratory birds, which may be released in suitable habitat more than 40 miles from the capture site. Animals captured by duly appointed representatives of municipalities may be relocated into suitable habitat less than 10 miles from the capture site if this subsection would require the release of animals on lands outside the municipality's jurisdiction. Violation is a petty offense (see Section 2.37 of the Code).

g) Temporary holding facilities and methods of transporting live animals must meet U.S. Department of Agriculture standards for animal welfare as specified in "Specifications for the Humane Handling, Care, Treatment, and Transportation of Warmblooded Animals Other Than Dogs, Cats, Rabbits, Hamsters, Guinea Pigs, Nonhuman Primates, and Marine Mammals" (9 CFR 3, Subpart F). Violation is a petty offense (see Section 2.37 of the Code).

h) Release of fauna onto public or private land requires written authorization from the site superintendent, tenant or landowner. Violation is a petty offense (see Section 2.37 of the Code).

History

• Source: Added at 41 Ill. Reg. 8476, effective June 28, 2017

17 Ill. Adm. Code 525.50 Euthanasia

a) Methods of euthanasia must be approved by the Department and include such methods as:

1. captive bolt, gunshot, cervical dislocation and stunning (mechanical only);

2. inhalants, including halothane, isoflurane, carbon monoxide and carbon dioxide; and

3. noninhalants, including barbiturates and barbiturate derivatives that are acquired and dispensed in accordance with the Illinois Controlled Substances Act [720 ILCS 570], U.S. Controlled Substances Act (21 USC 801 et seq.), and U.S. Drug Enforcement Administration Regulations (21 CFR 1301 et seq.) may be used for euthanasia of mammals; acetone may be used for euthanasia of striped skunks.

b) Animals captured under authority of this Part may be transferred to a euthanasia agency (see 510 ILCS 72/25), if the agency agrees to accept them.

c) Violation is a Class B misdemeanor.

History

• Source: Added at 41 Ill. Reg. 8476, effective June 28, 2017

17 Ill. Adm. Code 525.55 Bats

a) Bats may not be shot, trapped, transported or held in confinement except as allowed by Section 525.75.

b) Exterior and interior exclusion may be performed at any time of the year.

c) Permanent eviction of bats may be performed from:

1. March 15 through May 15 when outdoor temperatures are forecasted to exceed 50 degrees F. at dusk for a minimum of 2 consecutive nights;

2. August 5 through October 30 when outdoor temperatures are forecasted to exceed 50 degrees F. at dusk for a minimum of 2 consecutive nights and the permittee has made a reasonable attempt to determine young are capable of flight; and

3. May 16 through August 4 and October 31 through March 14 if the following conditions are met:

i) Definitive species identification and, if applicable, proper permits are issued by Department staff to safely and legally handle State or federally threatened or endangered species;

ii) Bats have been found in the living quarters of a residence, in a place of business, or within a building where people congregate;

iii) The Permittee contacted Department staff at (217)785-2614 to request authority to permanently evict bats from a structure;

iv) Department staff has assessed the situation to determine if there is a human health and safety hazard; staff may do so jointly with the local health department and issue an official decision to the permittee within 2 business days after notification; and

v) Property owners and/or residents are informed of secondary health hazards that may result from the exclusion of parents and death of flightless pups left in the structure/residence.

d) Violation is a Class B misdemeanor.

History

• Source: Amended at 43 Ill. Reg. 9392, effective August 23, 2019

17 Ill. Adm. Code 525.60 Game Birds

Prior to taking game birds pursuant to a Class A Nuisance Wildlife Control Permit, the permittee must obtain prior written authorization from the Department. The Department may limit methods of take and disposition of game birds.

History

• Source: Added at 41 Ill. Reg. 8476, effective June 28, 2017

17 Ill. Adm. Code 525.65 Migratory Birds

a) Damage to property or wildlife, risks to human health or safety, and nuisances caused by migratory birds must be identifiable to an employee of the Department and include, but are not limited to:

1. excessive fecal matter accumulations on property;

2. damage to turf, ornamental plantings, agricultural crops, structures or vehicles;

3. risks to human safety, such as human conflicts with aggressive birds and vehicle collisions with birds;

4. risks to human health as identified or reasonably expected by a Department Wildlife Biologist or Conservation Police Officer in consultation with any public health official or medical doctor;

5. excessive, bothersome noise in residential or commercial areas; and

6. excessive damage to other species of wildlife, such as competition for nesting sites or territory or damage to vegetation necessary for the well being of other wildlife species.

b) Except as provided in Section 525.75, the taking of migratory birds protected by federal regulations (50 CFR 10.13) requires authorization from the U.S. Fish and Wildlife Service and written approval from the Department for each site where the taking will occur.

c) Class D and Class E permittees must comply with provisions of permits issued by the U.S. Fish and Wildlife Service and any additional restrictions imposed by the Department.

d) Methods of destroying eggs of migratory birds are limited to addling, oiling, puncturing, and removal and disposal in accordance with Section 525.45(e).

History

• Source: Section 525.65 renumbered from Section 525.35 and amended at 41 Ill. Reg. 8476, effective June 28, 2017

17 Ill. Adm. Code 525.70 Business Practices

a) It is unlawful for any person to wantonly or carelessly injure or destroy, in any manner whatsoever, any real or personal property on the land of another while engaged in activities permitted by this Section. Violation is a Class B misdemeanor (see Section 2.33(x) of the Code).

b) Taking of fauna on private properties by Class A and Class D permittees requires the landowner's or tenant's written permission. Violation is a Class B misdemeanor (see Section 2.33(t)of the Code).

c) Taking of fauna on State-owned, -leased, or -managed lands requires written authorization from the Site Superintendent or District Wildlife Biologist.

d) Permittees shall describe to the persons seeking services the estimated cost and types of methods to be used to alleviate damage to property, risks to human health or safety, and nuisances caused by protected species.

e) Class A and D permittees shall issue a receipt to each client showing the permittee's name and address or name and address of the business he or she represents, the client's name and address, services provided, and fees charged for services.

f) Class A, B and C permittees shall maintain accurate records of services provided to clients under authority of this Section and submit an annual report to the Department showing the following information: number of complaints serviced; name, address and phone number of the permittee; number and kinds of animals relocated, killed and surrendered to rehabilitators; name, address and phone number of any site supervisor, tenant or landowner on whose property animals were released; and locations where animals were released. This report shall be made on or before January 20 and shall include all operations for the period from January 1 through December 31 of the previous year.

g) Class D and E permittees shall maintain accurate records of services provided to clients under authority of this Section and submit an annual report to the Department on forms provided by the Department showing the following information for each property where services were rendered: site name (if any); street address, city and county where services were rendered; name, address and phone number of the landowner, tenant or property manager where activities occurred; and the species and number of nests, eggs or migratory birds destroyed. Reports shall be made on or before September 1 of each year and include activities conducted from September 2 through August 31 of the most recent 12-month period.

h) Reports and records required by this Section shall be available for inspection, upon request, by any officer or authorized employee of the Department, any sheriff or deputy sheriff, or any other peace officer at any reasonable time.

History

• Source: Added at 41 Ill. Reg. 8476, effective June 28, 2017

17 Ill. Adm. Code 525.75 Exceptions to Permit Requirements and Provisions

a) Activities performed in accordance with this Section do not require authorization from the Department or issuance of any permit by the Department.

1. Any person may capture a bat alive when found in the living quarters of a structure and immediately release it outdoors.

2. Any person may capture a bat alive when found in the living quarters of a structure and transport it to a local health department, animal control office, or veterinarian for submission to a laboratory if there is concern about human or domestic animal exposure to rabies. Examples of circumstances that warrant concern about exposure to rabies include:

A) a person confirms he or she was bitten or scratched by a bat;

B) a person confirms he or she had direct (skin) contact with a bat, such as handling it without gloves;

C) at any time, a bat was present while a person was asleep, unconscious or intoxicated;

D) at any time, a bat was present while a person unable to comprehend or communicate possible risk of exposure to rabies was alone with a bat;

E) at any time, the presence of bats is deemed to be a human health and safety hazard by a municipal or county health department and/or the Illinois Department of Public Health.

3. Any owner or tenant of lands, including operations, associations and governmental bodies, and agents acting on their behalf, may scare or herd away migratory birds that are not incubating eggs or raising dependent young when the migratory birds are causing damage to property, risks to human health or safety, or nuisances. Approved methods of scaring include, but are not limited to:

A) noise-making devices such as propane cannons, air horns, distress calls, whistles, blank shells, cracker shells, or pyrotechnic devices such as bangers and screamers used in accordance with federal regulations (27 CFR 555) and local ordinances;

B) visual methods such as flash tape, balloons, flags, vehicles, fencing, radio-controlled vehicles, dogs or nonharmful light-emitting devices; and

C) chemical repellants that are registered for the nonlethal control of birds by USEPA.

4. In accordance with federal regulations (50 CFR 21.43) and Section 525.35(d), any person who has written permission from the landlord or tenant may remove or destroy, by use of a shotgun, air gun or traps, and only on or over the threatened area, any red-winged blackbirds, Brewer's blackbirds, cowbirds, grackles and crows when they are causing serious injuries to agricultural crops, horticultural crops, livestock feed, or wildlife recognized by the Department or U.S. Fish and Wildlife Service as species that are endangered, threatened, candidates for listing, or of special concern, or when causing a health hazard or structural property damage.

5. Subject to the Bald and Golden Eagle Protection Act (16 USC 668) and Section 3 of the Illinois Endangered Species Protection Act [520 ILCS 10], any landowner or tenant and his or her agents may destroy nests of birds that do not contain eggs or dependent young, provided that no possession occurs during destruction. This authority is limited to property owned or leased by the landowner or tenant.

6. Any person may capture a migratory bird that is trapped inside a building or structure and immediately release it outdoors or, if the bird is injured, exhausted or ill, transfer it to a licensed wildlife rehabilitator in accordance with federal regulations (50 CFR 21.12).

7. Any person may dispose of a dead migratory bird in accordance with Section 525.45(e).

b) Drainage districts may control beavers in accordance with Section 2.37 of the Code.

c) Recipients of Nuisance Animal Removal Permits, Deer Removal Permits, and Deer Population Control Permits issued under Section 2.37 of the Code are exempt from this Part.

History

• Source: Amended at 43 Ill. Reg. 9392, effective August 23, 2019

17 Ill. Adm. Code 525.80 Revocation and Suspension of Permits: Hearings and Appeals

a) In accordance with Sections 2.38 and 3.36 of the Code, failure to comply with the Nuisance Wildlife Control Permit, Section 2.37 of the Code, federal regulations or this Part shall result in suspension or revocation of the permit. Suspension shall be for a period of not less than one year.

b) Applicants who photograph or otherwise reproduce the qualifying exam for a Class A or Class D permit shall be barred from obtaining a permit for a period of 5 years.

c) Failure to submit an annual report to the Department by the due date shall result in a suspension of up to 60 days pending submission of the report. Failure to submit an annual report to the Department within 61 days after the due date shall result in revocation of the permit for a period of one year from the due date for reporting and require reapplication, including scoring at least 80% on a written examination, for issuance of Class A and Class D permits.

d) Upon receiving three or more complaints about services rendered by a permittee, the Department shall review allegations and shall immediately suspend the permit of that permittee for a period not to exceed 60 days pending an investigation.

e) The procedure by which suspensions and revocations are made, the rights of permittees to notice and hearing, and the procedures governing those hearings are set forth in 17 Ill. Adm. Code 2530.

History

• Source: Section 525.80 renumbered from Section 525.40 and amended at 41 Ill. Reg. 8476, effective June 28, 2017

Chapter I Department of Natural Resources

Subchapter b Fish and Wildlife

Part 525 Nuisance Wildlife Control Permits

17 Ill. Adm. Code 525.EXHIBIT A Application for Nuisance Wildlife Control Permit

Part 1.

Personal Data

Name

First

Middle Initial

Last

Date of Birth

Month

Day

Year

Email Address

Address

Street

City

State

Zip Code

Phone

Area Code

Number

Representing the following company, organization or governmental body (if applicable): _________________________________________________________

Part 2.

Type of permit applied for (check one):

Class A (Commercial − Mammals and Game Birds)

Class B* (Zoos and Botanical Gardens or landowners and tenants applying for take of migratory birds on their property in accordance with a federal permit)

Class C (Governmental – Mammals and Game Birds Only)

Class D (Commercial – Migratory Birds)

Class E (Governmental – Migratory Birds)

Zoos and botanical garden must attach a copy of their Internal Revenue Service tax-exempt status determination letter, professional accreditation, and a map or legal description of their properties where wildlife will be controlled; landowners and tenants desiring to take migratory birds on their property must attach a copy of their Federal permit.

Part 3.

Work Area (Applicants for Class A and D Permits only)

A list of permittees is distributed to District Wildlife Biologists and Conservation Police Officers so that they can refer complainants to permittees who service that area. Please list (in order of preference) up to four counties that you service. This list will be used strictly for referrals; your activities are not restricted to this area.

County 1

County 2

County 3

County 4

I certify that all information provided on this application is true and correct to the best of my knowledge.

Applicant's Signature

RETURN COMPLETED APPLICATIONS TO:

Illinois Department of Natural Resources

Division of Wildlife Resources

One Natural Resources Way

Springfield IL 62702-1271

History

• Source: Amended at 43 Ill. Reg. 9392, effective August 23, 2019

17 Ill. Adm. Code 528.10 Definitions

"Bona Fide Current Income Beneficiary" means, an individual who, at the time of application for a permit:

is entitled to income (whether income exists or not) from the trust that owns the land the applicant wishes to hunt with no condition precedent (such as surviving another person, reaching a certain age, etc.) other than the trustee distributing the income; and

is listed by name in the trust documents as an income beneficiary.

"Bona Fide Equity Member" means an individual who:

became a member upon the formation of the limited liability company, or has purchased a distributional interest in a limited liability company for a value equal to the percentage of the appraised value of the limited liability company assets represented by the distributional interest in the limited liability company and subsequently becomes a member of the company pursuant to Article 30 of the Limited Liability Company Act [805 ILCS 180]; and

intends to retain the membership for at least 5 years.

"Bona Fide Equity Partner" means an individual who:

became a partner, either general or limited, upon the formation of the partnership, or has purchased a distributional interest in the partnership or limited partnership for a value equal to the percentage of the appraised value of the partnership assets represented by the distributional interest in the partnership;

intends to retain ownership of the partnership for at least 5 years; and

is a resident of Illinois.

"Bona Fide Equity Shareholder" means an individual who:

purchased, for market price, publicly sold stock shares in a corporation, purchased shares of a privately-held corporation for a value equal to the percentage of the appraised value of the corporate assets represented by the ownership in the corporation, or is a member of a closely-held family-owned corporation and has purchased or been gifted with shares of stock in the corporation accurately reflecting his or her percentage of ownership; and

intends to retain ownership of the shares of stock for at least 5 years. [520 ILCS 5/3.1-6]

"Commercial Agriculture" means utilization of land for the raising of hay, grain crops or livestock for profit. A hunting rights lease, or other nonagricultural lease, is not valid as a basis for obtaining a landowner or tenant permit.

"Immediate Family of a Landowner, Tenant, or a Bona Fide Current Income Beneficiary" means, and is limited to, the spouse, children, brothers, sisters and parents permanently residing on the same property as the landowner, tenant, or bona fide current income beneficiary.

"Landowner Permit", "Tenant Permit" or "Property Only Hunting (POH) Permit" means any permit issued under this Part to any individual or entity for purposes of hunting only on the property owned or leased by that individual or entity.

"Tenant" means, for purposes of this Part, an Illinois resident who rents, at minimum, the acres required pursuant to Section 528.20 or more of land, for commercial agricultural purposes under an agreement with a landowner.

History

• Source: Amended at 50 Ill. Reg. 7591, effective May 14, 2026

17 Ill. Adm. Code 528.20 Eligibility for Landowner/Tenant Permits

a) Qualified applicants are limited to:

1. Landowners of 40 acres or more of land and their immediate families, resident tenants renting or leasing 40 acres or more of commercial agricultural land and their immediate families, and bona fide current income beneficiaries of a trust that owns 40 acres or more of land and their immediate families. Lands held in trust by corporations, limited liability companies or partnerships shall not be considered a basis for a permit for the shareholders, members or partners as bona fide current income beneficiaries of the trust. No one may apply for or be issued both a landowner permit and a tenant permit.

2. Bona fide equity shareholders of corporations, bona fide equity members of limited liability companies or bona fide partners of partnerships owning 40 or more acres of land in a county. For applicants eligible for permits under this Part:

A) Only one permit per 40 acres, for a maximum of 15 permits per county, for corporations and limited liability companies, and a maximum of 3 permits per county for partnerships, shall be issued based on ownership of lands by corporations, limited liability companies or partnerships.

B) Lands leased to corporations, limited liability companies, trusts or partnerships shall not be considered a basis for a permit for the shareholders, members, beneficiaries or partners of the lessee.

b) Qualified applicants who wish to obtain a combination firearm deer permit or a combination archery deer permit whose land is located in a county where Chronic Wasting Disease has been identified pursuant to 17 Ill. Adm. Code 650.45 are limited to:

1. Landowners of 20 acres or more of land and their immediate families, resident tenants renting or leasing 20 acres or more of commercial agricultural land and their immediate families, and bona fide current income beneficiaries of a trust that owns 20 acres or more of land and their immediate families. Lands held in trust by corporations, limited liability companies or partnerships shall not be considered a basis for a permit for the shareholders, members or partners as bona fide current income beneficiaries of the trust. No one may apply for or be issued both a landowner permit and a tenant permit.

2. Bona fide equity shareholders of corporations, bona fide equity members of limited liability companies or bona fide partners of partnerships owning 20 or more acres of land in a county. For applicants eligible for permits under this Part:

A) Only one permit per 20 acres, for a maximum of 15 permits per county, for corporations and limited liability companies, and a maximum of 3 permits per county for partnerships, shall be issued based on ownership of lands by corporations, limited liability companies or partnerships.

B) Lands leased to corporations, limited liability companies, trusts or partnerships shall not be considered a basis for a permit for the shareholders, members, beneficiaries or partners of the lease.

c) Qualified applicants that wish to obtain any turkey permit under Section 528.30(a) must meet the eligibility requirements of subsection (a) in order to receive a turkey permit; regardless if they are eligible for any deer permit under Section 528.30(a) and subsection (b).

d) For the purposes of calculating acreage, the Department shall, after determining the total acreage of the applicable tract or tracts of land, round remaining fractional portions of an acre greater than or equal to half of an acre up to the next whole acre [520 ILCS 5/2.11 and 2.26].

e) A hunting rights lease, or other nonagricultural lease, is not valid as a basis for obtaining a landowner permit.

History

• Source: Amended at 50 Ill. Reg. 7591, effective May 14, 2026

Chapter I Department of Natural Resources

Subchapter b Fish and Wildlife

Part 528 Landowner Permits

17 Ill. Adm. Code 528.30 Landowner/Tenant Permits

a) Qualified applicants may apply for:

1. Combination firearm deer permit (1 either-sex and 1 antlerless-only permit) (available only for counties open to firearm deer hunting);

2. Combination archery deer permit (1 either-sex and 1 antlerless-only permit);

3. 1 fall firearm turkey permit (available only for counties open to fall firearm turkey hunting);

4. 1 fall archery turkey permit; and

5. 1 spring turkey permit (valid for all 5 regular spring turkey seasons).

b) Landowners need to submit only one permit application to apply for all permits listed in subsection (a).

c) Landowner permits are not subject to the public lottery process.

d) All landowner permits issued under this Part are valid on all properties owned by that permittee, regardless of in which county the property is located, so long as that county is open for the specific hunting season for which the permit is issued. This includes all permits issued to:

1. A landowner, tenant, bona fide current income beneficiary, or the immediate family of a landowner, tenant, or income beneficiary; or

2. A bona fide equity shareholder, bona fide equity member, or bona fide equity partner and on all lands owned by the corporation, limited liability company or partnership.

e) All tenant permits issued under this Part are valid only on lands rented/leased for commercial agriculture in the counties open for the specified hunting season.

f) Illinois landowners or tenants who do not wish to hunt only on the land they own, rent or lease must apply for permits in the same manner as the applicant who is not a landowner or tenant.

g) For firearm deer and fall firearm turkey hunting seasons, individuals who have received a landowner permit, or who have submitted application for a landowner permit that is still pending, may not apply for additional permits in the First or Second Lottery Drawing for that season. Landowners who receive permits in the First or Second Lottery Drawing are not eligible for landowner permits. (See 17 Ill. Adm. Code 650 and 715.)

h) For spring turkey hunting seasons, individuals who have received a landowner permit, or who have submitted an application for a landowner permit that is still pending, may not apply for additional permits in the First Lottery drawing for that season. Landowners who receive permits in the First Lottery drawing are not eligible for landowner permits.

History

• Source: Amended at 45 Ill. Reg. 8382, effective June 23, 2021

17 Ill. Adm. Code 528.40 Landowner/Tenant Permit Fees

a) Landowner permits are free to all qualified Illinois residents.

b) Annual fees for nonresident Illinois landowner permits shall be as follows:

1. Combination firearm deer permit (1 either-sex and 1 antlerless-only permit) – $175

2. Combination archery deer permit (1 either-sex and 1 antlerless-only permit) – $210

3. Fall firearm turkey permit – $37.50

4. Fall archery turkey permit – $25

5. Spring turkey permit – $37.50

17 Ill. Adm. Code 528.50 Initial Application and Verification

a) The first time an individual applies for landowner permits based on property ownership or for a farm-related tenancy agreement, the applicant must fill out and sign an application to identify the landowner/tenant (including the landowner's/tenant's tax parcel ID number), provide proof of ownership, and specify which permits are requested.

b) For applications, proof of ownership must be provided by one of the following methods:

1. Submittal of a copy of property deed, recorded/file stamped by the County Recorder or County Clerk;

2. Submittal of a copy of contract for deed, recorded/file stamped by the County Recorder or County Clerk;

3. Submittal of a copy of the most recent real estate tax statement or most recent notice of property assessment for the property that identifies the property acreage (upon which the landowner's name appears as landowner, or the person signing the application appears as landowner);

4. Submittal of a copy of a current Farm Service Agency 156EZ form; or

5. Submittal of a copy of a trust agreement that indicates the trust owns at least the acreage required pursuant to Section 528.20 and the applicant is a current income beneficiary of the trust.

c) Tenant permit applicants are required to submit, in addition to the landowner certification and proof of ownership (see subsection (b)), a copy of one of the following:

1. A copy of a lease or a rental agreement, file stamped as recorded by the County Recorder or County Clerk, covering the current year. The agreement must contain the landowner's signature, tenant's signature, description of monetary consideration, specified period of the lease and acreage involved, and a statement that the lease is for agricultural purposes; or

2. A copy of a current Farm Service Agency 156EZ form.

d) For applications made based upon lands owned by a corporation, limited liability company or partnership, the items listed in subsections (d)(1) and (d)(2) must be attached to the application upon submittal to the Permit Office.

1. A duly authorized officer of the corporation, limited liability company or partnership must sign a notarized statement authorizing the applicant to hunt on the corporate, company, trust or partnership lands for which a permit is being requested. This statement must:

A) identify the applicant as a bona fide equity shareholder, member, or partner, as defined in Sections 528.10 and 528.20;

B) provide authorization to hunt; and

C) declare that no more than 15 authorizations will be requested per county for the corporation or limited liability company and no more than 3 authorizations will be requested per county for partnership lands.

2. In addition:

A) Corporation applicants must submit a copy of ownership interest in a for-profit corporation with a fully-executed stock certificate, articles of incorporation or corporate agreement.

B) Limited liability company applicants must submit a copy of the limited liability company's articles of organization or the operating agreement. If the articles of organization or the operating agreement submitted to the Department does not include a listing of the members of the limited liability company, then the application shall include a notarized statement from a manager of the limited liability company that the applicant is a member of the limited liability company.

C) Limited partnerships, limited liability limited partners, and limited liability partnership applicants must submit a copy of the partnership agreement, certificate of partnership or statement of qualification.

D) General partnership applicants must submit a copy of the partnership agreement.

e) For applications made based upon lands owned by a trust, the items listed in subsections (e)(1) and (e)(2) below must be attached to the application upon submittal to the Permit Office.

1. A duly authorized trustee of the trust must sign a notarized statement authorizing, in accordance with their authority under the trust, the applicant to hunt on the trust lands for which a permit is being requested. This statement must:

A) identify the applicant as a bona fide current income beneficiary, as defined in Sections 528.10 and 528.20; and

B) provide authorization to hunt.

2. A copy of the trust documents that holds title to the land, or a notarized statement from a licensed attorney stating that the applicant is a current income beneficiary of the trust. All notarized statements shall include the state license number of the attorney making the statement and must be dated no more than 90 calendar days before the filing of the application.

f) Application forms are available on the Department's website at www.dnr.illinois.gov and in person at One Natural Resources Way, Springfield IL.

g) Applications and accompanying documentation must be mailed to the permit office at:

Illinois Landowner Permit

Illinois Department of Natural Resources

P.O. Box 19227

Springfield IL 62794-9227

History

• Source: Amended at 50 Ill. Reg. 7591, effective May 14, 2026

Chapter I Department of Natural Resources

Subchapter b Fish and Wildlife

Part 528 Landowner Permits

17 Ill. Adm. Code 528.60 Recertification and Continued Eligibility

a) After receiving landowner permits:

1. Illinois residents remain eligible for 5 years, if there is no change in ownership or residency affecting the permittee's eligibility for resident landowner permits.

2. Nonresident Illinois landowners remain eligible for one year, if there is no change in ownership affecting the permittee's eligibility for nonresident landowner permits.

b) If there is any change in circumstance affecting the permittee's eligibility for resident or nonresident landowner permits, the permittee must notify the Department of the change in circumstances by mailing notice to the address specified in Section 528.50(g).

c) Any permits received after a permittee becomes ineligible for resident or nonresident landowner permits shall be returned, unused, to the Department (with the notice required in subsection (b) of this Section), by mail to the address specified in Section 528.50(g).

d) If the permittee eligibility period expires and there has been no change in circumstance affecting the permittee's eligibility for landowner permits, the permittee may reapply for landowner permits by certification without submitting the additional documentation required of an initial applicant.

1. The recertification will include:

A) Information sufficient to identify the individual, the ownership right (including the owner's tax parcel ID number), and the specific permits requested.

B) A signed certification stating: I, ________________, certify no circumstances have changed that could affect my eligibility to receive landowner permits. I understand providing false information on this document is a Class A misdemeanor (see 520 ILCS 5/2.38). I understand that, if circumstances have changed or do change in the future that affect my eligibility for landowner permits, I have an obligation to notify the Department of the change and return any permits for which I am no longer eligible. Based on my attestation that I still qualify for landowner permits, I am requesting the permits marked above.

2. The recertification form is available at the Department's website at www.dnr.illinois.gov and in person at One Natural Resources Way, Springfield IL.

3. The signed recertification form must be submitted within 90 days after the expiration date of the prior approved landowner permit. Failure to submit a timely recertification will not affect a landowner's eligibility for landowner permits, but landowners who do not submit a timely recertification must apply for permits in accordance with Section 528.50.

History

• Source: Amended at 45 Ill. Reg. 8382, effective June 23, 2021

17 Ill. Adm. Code 528.70 Permit Application or Recertification Deadline

To receive landowner permits for an upcoming season, the application or recertification required by Sections 528.50 and 528.60 must be received by:

a) September 1 for fall turkey and fall deer permits; or

b) March 9 for spring turkey permits for the 2021 season and February 9 for every season thereafter.

History

• Source: Amended at 45 Ill. Reg. 8382, effective June 23, 2021

17 Ill. Adm. Code 528.80 Denial of a Permit

a) If a landowner's application or recertification is denied, the landowner will be issued a Notice of Denial through U.S. mail. An affidavit of mailing shall be proof that the notice was received. Notification will contain the factual and legal reason for the denial and shall be sent by standard U.S. mail.

b) Any person who is denied a landowner permit shall have the right to appeal by filing 2 copies of a Petition for Hearing.

1. Both copies of the Petition for Hearing shall be mailed to or filed with:

Office of Legal Counsel

Illinois Department of Natural Resources

One Natural Resources Way

Springfield IL 62702-1271

2. Petitions must be sent to the Department and postmarked no later than 30 days after Notice of Denial was mailed for the petition to be considered.

c) If no petition is mailed within 30 days to the Office of Legal Counsel, the denial will be considered final without further notice.

d) The petition shall be styled "In Re the Landowner Permit Denial of (name), PETITION FOR HEARING". The petition shall contain sufficient facts in justification of a hearing and shall be signed by the Petitioner (person who was denied). The party filing the petition shall be designated the Petitioner. The Department shall be designated the Respondent.

e) Procedure of the hearing will be according to the Department's rules for contested hearing at 17 Ill. Adm. Code 2530.

17 Ill. Adm. Code 530.10 Statewide General Regulations

a) Game breeding and hunting preserve areas licensed pursuant to Section 3.27 of the Wildlife Code [520 ILCS 5/3.27] and managed pursuant to Sections 3.28 and 3.29 of the Wildlife Code [520 ILCS 5/3.28 and 3.29] are exempt from all provisions in this Part except for those pertaining to rabbit and crow in Section 530.20, 530.60, and the provisions of Section 530.10(b) pertaining to holders of Standing Vehicle Permits.

b) Holders of Standing Vehicle Permits issued by the Department pursuant to Section 2.33 of the Wildlife Code [520 ILCS 5/2.33] shall be permitted to carry a loaded and uncased shotgun in or on a vehicle or conveyance under the following conditions:

1. the permittee must be in the field legally hunting pheasant, quail, Hungarian partridge or rabbit;

2. the shotgun's mechanical safety must be functioning and engaged while the vehicle or conveyance is moving;

3. the vehicle or conveyance must be operated by a responsible person other than the permittee;

4. the permittee, the vehicle or conveyance operator, and any other persons in the hunting party must wear a blaze orange or blaze pink cap;

5. the vehicle must be operated at a normal walk speed of no greater than 5 mph; and

6. The vehicle or conveyance must be constructed so:

A) it puts the permittee forward of the vehicle operator; and

B) the permittee is in a securely fastened chair or seat.

History

• Source: Amended at 49 Ill. Reg. 11656, effective September 2, 2025

17 Ill. Adm. Code 530.20 Statewide Cock Pheasant, Hungarian Partridge, Bobwhite Quail, and Cottontail and Swamp Rabbit Regulations

a) Zones: South zone consists of all lands south of the line that follows U.S. Route 36 from the Indiana State line to Springfield, all lands west of the line that follows Route 29 from Springfield to Pekin and all lands south of the line that follows Route 9 from Pekin to Dallas City, then due west to the Mississippi River; north zone is the remainder of the State.

b) Season dates:

1. North (all species except rabbits) – first Saturday in November through the following January 8.

South (all species except rabbits) – first Saturday in November through the following January 15.

Rabbits statewide – the first Saturday in November through the following February 15.

2. Hunting outside the set season dates is a petty offense.

c) Hunting hours: Sunrise until sunset.

d) Daily limit:

1. Cock Pheasant – 2 (see 520 ILCS 5/2.6)

Bobwhite Quail – 8 (see 520 ILCS 5/2.7

Hungarian Partridge – 2 (see 520 ILCS 5/2.13)

Rabbit – 4 (see 520 ILCS 5/2.27)

2. Exceeding the daily limit is a petty offense.

e) Possession limit (after the second day of the hunting season):

1. Cock Pheasant – 6 (see 520 ILCS 5/2.6)

Bobwhite Quail – 20 (see 520 ILCS 5/2.7)

Hungarian Partridge – 6 (see 520 ILCS 5/2.13)

Rabbit – 10 (see 520 ILCS 5/2.27)

2. Exceeding the possession limit is a petty offense.

f) Cock pheasant may be hunted only; hen pheasants are illegal to take or possess, except as specified on controlled hunting areas operated pursuant to Sections 1.13 or 3.27 of the Wildlife Code [520 ILCS 5/1.13 or 3.27] or at sites listed in Section 530.105 and as provided for on designated sites in Section 530.110, and by falconry methods as described in 17 Ill. Adm. Code 1590, Falconry and the Captive Propagation of Raptors. Illegal taking of hen pheasants is a petty offense (see 520 ILCS 5/2.6).

History

• Source: Amended at 49 Ill. Reg. 11656, effective September 2, 2025

17 Ill. Adm. Code 530.30 Statewide Hungarian Partridge Regulations (Repealed)

History

• Source: Repealed at 8 Ill. Reg. 21574, effective October 23, 1984

17 Ill. Adm. Code 530.40 Statewide Bobwhite Quail Regulations (Repealed)

History

• Source: Repealed at 8 Ill. Reg. 21574, effective October 23, 1984

17 Ill. Adm. Code 530.50 Statewide Rabbit Regulations (Repealed)

History

• Source: Repealed at 8 Ill. Reg. 21574, effective October 23, 1984

17 Ill. Adm. Code 530.60 Statewide Crow Regulations (Repealed)

History

• Source: Repealed at 18 Ill. Reg. 12628, effective August 9, 1994

17 Ill. Adm. Code 530.70 Permit Requirements for Fee Hunting of Pheasant, Quail and Rabbit at Controlled Permit Hunting Sites

a) Applicants must contact the Department of Natural Resources (Department or DNR) to obtain a permit reservation. Applications for reservations on public/private partnership areas will be accepted on July 1. Should the concessionaire, for any reason, fail to operate the concession, applicants must contact the DNR. Applications for reservations on areas operated by DNR will be accepted on the first Monday of August until 24 hours before the last hunt date. Methods for making reservations are available on the Department's Website at: www.dnr.illinois.gov, by email at: dnr.pheasant@illinois.gov or by writing to the Department's Division of Parks and Recreation-Pheasant at the address cited in subsection (c). Only applications for reservations submitted by Illinois residents will be accepted during the first application period. Reservations will be confirmed.

b) Permits will be issued until the daily quota is filled. The daily quota is determined by the formula one hunter per 10 to 80 huntable acres. Huntable acres are determined by, but not limited to, the biological studies on the number of the species available, the condition, topography, and configuration of the land at the site, the condition of the roads at the site, and the number of employees available to work at the site.

c) For all DNR operated sites the permit is valid for the permit holder and up to three hunting partners. The hunting partners cannot hunt without the permit holder being present to hunt. Methods for changing hunting reservations and transferring permits will be provided on the Department's Website at: www.dnr.illinois.gov, by email at: dnr.pheasant@illinois.gov or by writing to:

Illinois Department of Natural Resources

Division of Parks and Recreation − Pheasant

One Natural Resources Way

Springfield IL 62702-1271

d) Reservations for pheasant hunting may be issued by the Department for Chain O'Lakes State Park, Des Plaines Conservation Area, Eldon Hazlet State Park (Carlyle Lake), Iroquois County Conservation Area, Jim Edgar Panther Creek State Fish and Wildlife Area – Controlled Unit, Johnson-Sauk Trail State Park, Kankakee River State Park, Lee County Conservation Area (Green River), Moraine View State Park, Sand Ridge State Forest, Silver Springs State Park and Wayne Fitzgerrell State Park.

e) The Department will operate a conveyance or authorize a conveyance to be used for disabled hunters possessing a current Standing Vehicle Permit at some controlled pheasant hunting sites. Reservations for Disabled Controlled Pheasant Hunting Permits must be made at least 48 hours in advance of the hunt. Sites where the conveyance will be available, as well as dates of operation, shall be provided on the Department's Controlled Pheasant Hunting Website and/or publicly announced.

History

• Source: Amended at 49 Ill. Reg. 11656, effective September 2, 2025

Chapter I Department of Natural Resources

Subchapter b Fish and Wildlife

Part 530 Cock Pheasant, Hungarian Partridge, Bobwhite Quail, and Rabbit Hunting

17 Ill. Adm. Code 530.80 Regulations for Fee Hunting of Pheasant, Quail and Rabbit at Controlled Permit Hunting Sites

a) Hunting Seasons:

1. The following controlled pheasant hunting areas shall be closed to pheasant permit hunting on every Monday and Tuesday during the controlled hunting season (except as provided in subsection (a)(3)) and on December 25.

Chain O'Lakes State Park

Des Plaines State Conservation Area

Eldon Hazlet State Park (Carlyle Lake)

Iroquois County State Conservation Area

Jim Edgar Panther Creek State Fish and Wildlife Area – Controlled Unit

Johnson-Sauk Trail State Park

Kankakee River State Park

Lee County State Conservation Area (Green River State Wildlife Area)

Moraine View State Park

Sand Ridge State Forest

Silver Springs State Park

Wayne Fitzgerrell State Park (Rend Lake)

2. The following controlled pheasant hunting areas are open only to participants in the Illinois Youth Pheasant Hunting Program on the first Saturday following the opening of the statewide upland game season. Exceptions are in parentheses.

Chain O'Lakes State Park

Des Plaines State Conservation Area

Eldon Hazlet State Park (Carlyle Lake)

Iroquois County State Conservation Area

Jim Edgar Panther Creek State Fish and Wildlife Area – Controlled Unit (Conducted on first Saturday of Upland Game Season)

Johnson-Sauk Trail State Park

Lee County State Conservation Area (Green River State Wildlife Area)

Kankakee River State Park

Moraine View State Park

Sand Ridge State Forest

Wayne Fitzgerrell State Park (Rend Lake)

3. Controlled pheasant hunting seasons are listed below; exceptions are in parentheses; with written authorization from the Director, captive-reared game bird hunting may be scheduled during the season provided for in Section 1.13 or 2.6 of the Wildlife Code [520 ILCS 5], whichever is longer, on the following DNR operated areas:

Chain O'Lakes State Park (closed the week of the November 3-day firearm season) – Friday through Sunday beginning with the Friday before the first Saturday in November through the seventh Sunday following, except Wednesday through Sunday during the week of Thanksgiving Day

Des Plaines State Conservation Area (closed during the November 3-day firearm deer hunting), Iroquois County State Conservation Area (closed during the November firearm deer hunting season), Silver Springs State Park and Moraine View State Park – the Wednesday before the first Saturday of November through the ninth Sunday following

Eldon Hazlet State Park and Wayne Fitzgerrell State Park – the Wednesday following the first Saturday of November through the ninth Sunday following

Jim Edgar Panther Creek State Fish and Wildlife Area – Controlled Unit (closed during the November and December firearm deer hunting season), Johnson-Sauk Trail State Park (closed New Year's Day and the Thursday and Friday after the first Saturday in November when the first Saturday in November is November 1 through 3), Kankakee River State Park (closed New Year's Day) – season dates are those specified in Section 530.20

Lee County State Conservation Area (Green River) (closed the weeks of the November 3-day and December 4-day firearm deer seasons) – Friday through Sunday beginning with the Friday before the first Saturday in November through the seventh Sunday following

Sand Ridge State Forest – Fridays through Sundays and Thanksgiving Day during the season dates specified in Section 530.20

b) Hunting hours are listed below. On Thanksgiving Day, hunting hours are 9:00 a.m.-1:00 p.m. Hunters with reservations are required to check in at the check station on the following sites at the listed times. Hunters with reservations that check in after the required check-in time may not be allowed to hunt if the site hunter quota has been filled.

Site Name

Check-In Times

Hunting Hours

Chain O'Lakes State Park

7:00-8:00 a.m.

9:00 a.m.-4:00 p.m.

Des Plaines State Conservation Area

7:00-8:00 a.m.

9:00 a.m.-4:00 p.m.

Eldon Hazlet State Park

7:00-8:00 a.m.

9:00 a.m.-4:00 p.m.

(Carlyle Lake)

Iroquois County State Conservation Area

8:00-8:30 a.m.

9:00 a.m.-4:00 p.m.

Jim Edgar Panther Creek State Fish and Wildlife

Area (Controlled Unit)

8:00-8:30 a.m.

9:00 a.m.-4:00 p.m.

Johnson-Sauk Trail State Park

8:00-8:30 a.m.

9:00 a.m.-4:00 p.m.

Kankakee River State Park

8:00-8:30 a.m.

9:00 a.m.-4:00 p.m.

Lee County State Conservation Area (Green River State Wildlife Area)

8:00-8:30 a.m.

9:00 a.m.-4:00 p.m.

Moraine View State Park

7:00-8:00 a.m.

9:00 a.m.-4:00 p.m.

Sand Ridge State Forest

8:00-8:30 a.m.

9:00 a.m.-4:00 p.m.

Silver Springs State Park

8:00-8:30 a.m.

9:00 a.m.-4:00 p.m.

Wayne Fitzgerrell State Park (Rend Lake)

7:00-8:00 a.m.

9:00 a.m.-4:00 p.m.

c) Except for Standing Vehicle Permittees with a Disabled Controlled Pheasant Hunting Permit, during the controlled pheasant hunting season when daily quotas are not filled, permits may be issued, but not required, by drawing held at the conclusion of check‑in time and if daily quotas remain unfilled at the conclusion of the drawing, on a first come-first served basis until 9:00 a.m. unless an earlier time is posted at the site's hunter check station at the following sites:

Chain O'Lakes State Park

Des Plaines State Conservation Area

Eldon Hazlet State Park

Iroquois County State Conservation Area

Jim Edgar Panther Creek State Fish and Wildlife Area

Johnson-Sauk Trail State Park

Lee County State Conservation Area (Green River)

Kankakee River State Park

Moraine View State Park

Sand Ridge State Forest

Silver Springs State Park

Wayne Fitzgerrell State Park

d) Hunting licenses, daily "Public Hunting Grounds for Pheasants" fees and hunting permit fees collected by public/private partnership area concessionaire:

1. Depending on the availability of staff during the controlled pheasant hunting season, hunters may be required to deposit their hunting license in the check station while hunting. Persons exempt by law from having a hunting license must deposit their Firearm Owner's Identification Card. If they are under 21 years old and do not have a card, they must be accompanied by a parent, legal guardian or a person in loco parentis who has a valid card in possession.

2. Pursuant to Section 1.13 of the Wildlife Code, at Lee County State Conservation Area (Green River), hunters must pay the following daily Public Hunting Grounds for Pheasants fee to the Department prior to hunting: $34 residents; $39 non-residents. On the Sunday following Thanksgiving Day, hunters under 18 are not required to pay the daily Public Hunting Grounds for Pheasants fee.

3. Pursuant to Section 1.13 of the Code, at Des Plaines State Conservation Area, Iroquois County State Conservation Area, Jim Edgar Panther Creek State Fish and Wildlife Area – Controlled Unit, Johnson-Sauk Trail State Park, Kankakee River State Park, Moraine View State Park, Eldon Hazlet State Park (Carlyle Lake), Wayne Fitzgerrell State Park and Sand Ridge State Forest, hunters must pay the following daily Public Hunting Grounds for Pheasants fee to the Department prior to hunting: $30 residents; $35 non‑residents. On the Sunday following Thanksgiving Day and the Saturday between Christmas Day and New Year's Day, hunters under 18 are not required to pay the daily Public Hunting Grounds for Pheasants fee.

4. Hunters must pay the following hunting permit fees to be collected by the public/private partnership area concessionaire under the terms of a Controlled Pheasant Hunting Agreement with the Department prior to hunting. On youth hunting days requested by the concessionaire and authorized by the Department, hunters under the age of 18 are not required to pay a hunting permit fee.

e) During the controlled pheasant hunting season, hunters must wear a back patch issued by the check station.

f) Anyone who has killed game previously and has it in possession or in their vehicle must declare it with the person in charge of the area during check-in. All game found in a hunter's possession after hunting has started on the area shall be considered illegally taken if the hunter has not declared it prior to going afield.

g) All hunting must be done with shotguns or bow and arrow. Only shot shells with a shot size of No. 5 lead or a non-toxic shot size ballistically equivalent to No. 5 lead or smaller may be used, except at Chain O' Lakes State Park, Des Plaines State Fish and Wildlife Area, Jim Edgar Panther Creek State Fish and Wildlife Area, Johnson-Sauk Trail State Park, Lee County Conservation Area (Green River), Silver Springs State Park, Wayne Fitzgerrell State Park and Eldon Hazlet State Park where only nontoxic shot approved by the U.S. Fish and Wildlife Service may be possessed and only shot shells with a shot size ballistically equivalent to No. 5 lead or smaller may be used or in possession. Flu flu arrows only may be used or in possession by bow and arrow hunters.

h) Non-hunters are not allowed in the field, except at special hunts publicly announced by the Department where non-hunters authorized by the Department shall be allowed in the field, and except for operators of Department conveyances and Standing Vehicle Permittees and a single dog handler for the Permittee.

i) Hunters under 16 years of age must be accompanied by an adult hunter.

j) Daily limits − On the following areas, a permit authorizes the harvest of 2 pheasants of either sex per hunter; exceptions are in parentheses. With written authorization from the Director, the Department may issue more than one permit to a hunter, and, further, the Department may authorize the harvest of released game birds and migratory game birds as provided for in Section 3.28 of the Code. The limits provided for in Section 3.28 shall apply at the following sites:

Chain O'Lakes State Park

Des Plaines State Conservation Area

Eldon Hazlet State Park

Lee County State Conservation Area (2 cock pheasants per permit hunter)

Iroquois County State Conservation Area

Jim Edgar Panther Creek State Fish and Wildlife Area (additionally, 8 bobwhite quail opening day through the Sunday following Thanksgiving Day and 4 rabbits per hunter)

Johnson-Sauk Trail State Park (additionally, 8 bobwhite quail, 2 Hungarian partridge and 4 rabbits per hunter)

Kankakee River State Park (additionally, 8 bobwhite quail and 4 rabbits per hunter)

Moraine View State Park

Sand Ridge State Forest (additionally, 8 bobwhite quail and 4 rabbits per hunter)

Silver Springs State Park

Wayne Fitzgerrell State Park

k) Tagging of Birds

During the controlled pheasant hunting season, all pheasants must be affixed with a Department tag before they are removed from the area during the controlled pheasant hunting season. The tag must remain on the leg of the pheasants until the pheasants are finally prepared for consumption.

l) During the controlled pheasant hunting season, hunters may not leave the confines of any permit area and return to hunt on the permit area during the same day.

m) Any person who violates any provision of this Part or 17 Ill. Adm. Code 510.10(c)(1), (4) and (6) or (d)(7) or Section 2.33(n), (x) or (z) of the Wildlife Code shall be subject to arrest and/or removal from the premises for the remainder of the controlled pheasant hunting season under applicable statutes, including Section 21-5 of the Criminal Code of 2012 [720 ILCS 5] (Criminal Trespass to State Supported Land). Hunters may request a hearing within 10 days after the citation by written request addressed to: Legal Division, Department of Natural Resources, One Natural Resources Way, Springfield IL 62702-1271. The hearing shall be governed by the provisions of 17 Ill. Adm. Code 2530.

n) Violation of a site regulation is a petty offense (see 520 ILCS 5/2.6, 2.7, 2.13 or 2.27).

History

• Source: Amended at 48 Ill. Reg. 3840, effective March 1, 2024

17 Ill. Adm. Code 530.85 Youth Pheasant Hunting Permit Requirements

a) Applicants must contact the Department of Natural Resources (Department or DNR) to obtain a permit reservation. Applications for reservations will be accepted on the first Monday of August until 24 hours before the hunt date start time established in Section 530.95. Methods for making reservations are available on the Department's Website at: www.dnr.illinois.gov, by email at: dnr.pheasant@illinois.gov or by writing to the Department's Division of Parks and Recreation. Only applications for reservations submitted by Illinois residents will be accepted during the first application period. Reservations will be confirmed.

b) Only one permit per person will be issued until the daily quota is filled. The daily quota is determined by the formula: one hunter per 10 to 40 huntable acres. Huntable acres are determined by, but not limited to, the biological studies on the number of the species available, the condition, topography, and configuration of the land at the site, the condition of the roads at the site, and the number of employees available to work at the site.

c) Methods for transferring permits will be provided on the Department's Website at: www.dnr.illinois.gov, by email at: dnr.pheasant@illinois.gov or by writing to:

Illinois Department of Natural Resources

Division of Parks and Recreation − Youth Pheasant Hunt

One Natural Resources Way

Springfield IL 62702-1271

d) Reservations for the Illinois Youth Pheasant Hunt permits will be issued for Chain O'Lakes State Park, Clinton Lake State Recreation Area, Des Plaines Conservation Area, Edward R. Madigan State Park, Eldon Hazlet State Park (Carlyle Lake), Iroquois County Conservation Area, Johnson-Sauk Trail State Park, Lee County Conservation Area (Green River), Moraine View State Park, Wayne Fitzgerrell (Rend Lake) State Park, Mackinaw River State Fish and Wildlife Area, Horseshoe Lake State Park (Madison County), Pere Marquette State Park, Sand Ridge State Forest, Sangchris Lake State Park, Jim Edgar Panther Creek State Fish and Wildlife Area-Controlled Unit and the World Shooting and Recreational Complex.

History

• Source: Amended at 49 Ill. Reg. 11656, effective September 2, 2025

17 Ill. Adm. Code 530.90 Illinois Youth Pheasant Hunting Sites Permit Requirements (Repealed)

History

• Source: Repealed at 25 Ill. Reg. 11119, effective August 21, 2001

17 Ill. Adm. Code 530.95 Youth Pheasant Hunting Regulations

a) At the following sites, the Illinois Youth Pheasant Hunt will be held on:

1. the Saturday preceding the opening of the statewide upland game season:

Clinton Lake State Recreation Area

Eldon Hazlet State Park (Carlyle Lake)

2. the Saturday following the opening of the statewide upland game season:

Chain O'Lakes State Park

Des Plaines State Conservation Area

Lee County State Conservation Area (Green River)

Iroquois County State Conservation Area

Johnson-Sauk Trail State Park

Kankakee River State Park

Mackinaw River State Fish and Wildlife Area

Moraine View State Park

Sand Ridge State Forest

Sangchris Lake State Park

Wayne Fitzgerell State Park (Rend Lake)

3. the third Saturday of March:

World Shooting Complex

4. the first Saturday of March:

Pere Marquette State Park/Mississippi River Area – Pool 26 State Fish and Wildlife Area

5. the Saturday two weeks before the opening of the statewide upland game season:

Edward R. Madigan State Fish and Wildlife Area

6. the first Saturday in November during the opening of statewide upland game season:

Jim Edgar Panther Creek State Fish and Wildlife Area – Controlled Unit

b) Hunting hours are from 9:00 a.m. to 4:00 p.m., except that, at Sangchris Lake, hunting hours are from 11:00 a.m. to 4:00 p.m., and, at Edward R. Madigan State Fish and Wildlife Area, Eldon Hazlet State Park, Mackinaw River State Fish and Wildlife Area, Pere Marquette State Park, and the World Shooting Complex, hunting hours are from 1:00 p.m. to 4:00 p.m. Hunters with reservations or permits are required to check in at the check station between 7:00 and 8:00 a.m. (between 8:00 and 8:30 a.m. at Iroquois County and between 10:00 and 10:30 a.m. at Sangchris Lake State Park).

c) All hunters must be between the ages of 10 and 17 inclusive and have a youth hunting permit. Stand-by permits shall be issued by drawing held at the conclusion of check-in time when daily quotas are not filled. Hunters under age 18 are not required to pay a daily fee.

d) Depending on the availability of staff during the controlled pheasant hunting season, hunters may be required to deposit their hunting licenses in the check station while hunting. Each permit holder must be accompanied by a non-hunting supervisory adult. If the hunter does not have a valid Firearm Owner's Identification (FOID) card, the supervisory adult is required to have a valid FOID card. Only one supervisory adult in a hunting party is required to have a valid FOID card if the hunters in the hunting party stay under the immediate control (accompany youth hunter at all times) of the supervisory adult possessing the valid FOID card. The supervising adult shall be criminally liable for the actions of the youth in the hunting party and shall be subject to the criminal penalties provided by law.

e) Supervising adults are required to wear a cap and upper outer garment of solid and vivid blaze orange or blaze pink of at least least 400 square inches. Hunters must wear a back patch issued by the check station.

f) Persons who have killed game previously and have it in their possession or in their vehicle must declare it with the person in charge of the area prior to hunting on the area. All previously killed game found in a hunter's possession after hunting has started on the area will be considered illegally taken if the hunter has not declared it prior to going afield.

g) All hunting must be done with shotguns. Only shot shells with a shot size of #5 lead or a nontoxic shot size ballistically equivalent to No. 5 lead or smaller may be used, except at Chain O'Lakes State Park, Des Plaines State Fish and Wildlife Area, Eldon Hazlet State Park, Horseshoe Lake State Park (Madison County), Jim Edgar Panther Creek State Fish and Wildlife Area, Johnson-Sauk Trail State Park, Lee County Conservation Area (Green River), Mackinaw River State Fish and Wildlife Area, Silver Springs State Park and Wayne Fitzgerrell State Park where only shot shells approved as nontoxic by the U.S. Fish and Wildlife Service with a shot size ballistically equivalent to No. 5 lead or smaller may be used.

h) Daily Limit

1. Two pheasants of either sex at Chain O'Lakes State Park, Clinton Lake State Recreation Area, Des Plaines State Conservation Area, Edward R. Madigan State Fish and Wildlife Area, Eldon Hazlet State Park, Iroquois County State Conservation Area, Horseshoe Lake State Park (Madison County), Johnson-Sauk Trail State Park, Mackinaw River State Fish and Wildlife Area, Moraine View State Park, Pere Marquette State Park/Mississippi River Area-Pool 26 State Fish and Wildlife Area, Sand Ridge State Forest, Silver Springs State Park, Wayne Fitzgerrell State Park and the World Shooting Complex.

2. Two cock pheasants only at the Lee County State Conservation Area (Green River).

3. Statewide upland game limits at Sangchris Lake State Park.

4. Two pheasants of either sex, eight quail and four rabbits at Jim Edgar Panther Creek State Fish and Wildlife Area – Controlled Unit.

i) All pheasants must be affixed with a Department tag before they are removed from the area. The tag must remain on the leg of the pheasants until the pheasants are finally prepared for consumption.

j) Violation of this Section is a petty offense (see 520 ILCS 5/2.6).

History

• Source: Amended at 49 Ill. Reg. 11656, effective September 2, 2025

17 Ill. Adm. Code 530.100 Illinois Youth Pheasant Hunting Regulations (Repealed)

History

• Source: Repealed at 25 Ill. Reg. 11119, effective August 21, 2001

Chapter I Department of Natural Resources

Subchapter b Fish and Wildlife

Part 530 Cock Pheasant, Hungarian Partridge, Bobwhite Quail, and Rabbit Hunting

17 Ill. Adm. Code 530.105 Regulations for Fee Hunting of Pheasant, Hungarian Partridge, Quail and Rabbit at Controlled Daily Drawing Pheasant Hunting Sites (repealed)

History

• Source: Repealed at 30 Ill. Reg. 14478, effective August 24, 2006

17 Ill. Adm. Code 530.110 Regulations for Non-Fee Hunting of Cock Pheasant, Hungarian Partridge, Quail, and Rabbit at Various Department-Owned or -Managed Sites

a) General Site Regulations

1. All regulations in 17 Ill. Adm. Code 510 – General Hunting and Trapping – apply in this Section, unless this Section is more restrictive.

2. Only flu flu arrows may be used by bow and arrow hunters; broadheads are not allowed.

3. On sites that are indicated by (1), hunters must check in and/or sign out. Sites that require use of windshield cards by hunters as specified in 17 Ill. Adm. Code 510.10 are followed by (5).

4. On sites that are indicated by (2), only nontoxic shot approved by the U.S. Fish and Wildlife Service of size #3 steel or tin, #4 bismuth shot or #5 tungsten-iron, tungsten-polymer, tungsten-matrix or smaller may be used or possessed.

5. Site specific rules or exceptions are noted in parentheses after each site.

b) Site Specific Regulations

1. Statewide regulations apply at the following sites:

Alvah Borah State Habitat Area (5)

Anderson Lake State Conservation Area (1) (2)

Apple River Canyon State Park – Salem and Thompson Units (rabbits only; closed during firearm deer hunting) (5)

Argyle Lake State Park (closed during firearm deer hunting) (5)

Banner Marsh State Fish and Wildlife Area (opens the day after the close of the central zone duck season) (1) (2)

Big Bend State Fish and Wildlife Area (hunting for bobwhite quail will terminate at the close of legal shooting hours on December 14) (1) (2)

Big River State Forest (closed during firearm deer hunting) (5)

Buffalo Prairie Pheasant Habitat Area (site will be open to Youth Hunting Only (hunters <18 years old accompanied by a non‑hunting adult) for the first 2 weeks of the Upland Game Season; the site will be open to upland game hunting with statewide regulations after the first 2 weeks of season) (2) (5)

Cache River State Natural Area (1)

Campbell Pond State Wildlife Management Area (5)

Cape Bend State Fish and Wildlife Area (1)

Carlyle Lake State Lands and Waters (Corps of Engineers Managed Lands)

Carlyle Lake State Fish and Wildlife Area (subimpoundment area closed 7 days prior to and during the southern zone waterfowl season) (5)

Cave-In-Rock State Park – Kaegi Tract (5)

Chauncey Marsh State Natural Area (2) (5)

Clinton Lake State Recreation Area (5)

Copperhead Hollow State Fish and Wildlife Area (rabbit hunting only) (5)

Crawford County State Fish and Wildlife Area (1) (2)

Cretaceous Hills State Natural Area (2) (5)

Cypress Pond State Natural Area (1)

Deer Pond State Natural Area (1)

Devil's Island State Fish and Wildlife Area

Dog Island State Wildlife Management Area (5)

Double T State Fish and Wildlife Area (opens the day after the close of the Central Illinois Zone goose season) (1) (2)

Dug Hill State Fish and Wildlife Area (1) (2)

Eagle Creek State Park

Eldon Hazlet State Park (north of Allen Branch and west of Peppenhorst Branch only) (5)

Embarras River Bottoms State Habitat Area (2) (5)

Ferne Clyffe State Park (1)

Fort de Chartres State Historic Site (hunting with muzzleloading shotgun or bow and arrow only) (1)

Fort Massac State Park (5)

Fox Creek State Fish and Wildlife Area (2) (5)

Fox Ridge State Park (closed during firearm deer hunting) (5)

Giant City State Park (1)

Hamilton County State Conservation Area (5)

Hanover Bluff State Natural Area (closed during firearm deer hunting (rabbit only)) (5)

Harry "Babe" Woodyard State Natural Area (5)

Hidden Springs State Forest (no hunting during firearm deer hunting) (5)

Horseshoe Lake State Fish and Wildlife Area (Alexander County) (Public Hunting Area) (1) (2)

Horseshoe Lake State Park (Madison County) – Gabaret, Mosenthein, Chouteau Island Unit (all hunters must obtain a free site permit) (2)

Jim Edgar Panther Creek State Fish and Wildlife Area − Open Unit (2) (5)

Jim Edgar Panther Creek State Fish and Wildlife Area – Controlled Unit (rabbit hunting only open the day following the close of the controlled pheasant hunting season through the close of rabbit season) (2) (5)

Johnson Sauk Trail State Recreation Area – (rabbit hunting only, open the day after the close of the controlled pheasant hunting season through the close of rabbit season) (5)

Jubilee College State Park (hunting for pheasant and quail will terminate at sunset on the Sunday after Thanksgiving; closed during all site firearm deer hunting) (1) (2)

Kaskaskia River State Fish and Wildlife Area (Doza Creek Waterfowl Management Area closed 7 days prior to and during duck season; the defined Baldwin Lake Waterfowl Rest Area is closed) (1)

Ken Russell T Lake State Habitat Area (2) (5)

Kickapoo State Recreation Area (4:00 p.m. daily closing; closed during firearm deer hunting) (5)

Kinkaid Lake State Fish and Wildlife Area (1)

Marseilles State Fish and Wildlife Area (closed during all site firearm deer hunting; rabbit hunting closes at the end of the pheasant and quail season; unauthorized personnel may not be on the site outside of the posted check station operating hours; hunters may only enter the site from designated parking lots) (1)

Marshall State Fish and Wildlife Area (closed during firearm deer hunting) (2) (5)

Mazonia State Fish and Wildlife Area (upland season does not open until the day after the close of the site's waterfowl season; the site is closed Mondays, Tuesdays, Christmas Day and New Year's Day) (1)

Meeker State Habitat Area (5)

Mermet Lake State Fish and Wildlife Area (5)

Middle Fork State Fish and Wildlife Area (4:00 p.m. daily closing; closed during firearm deer hunting) (5)

Mississippi River Pools 16, 17, 18

Mississippi River State Fish and Waterfowl Management Area (Pools 25 and 26)

Mississippi River Pools 21, 22, 24

Moraine View State Park (rabbit hunting permitted Mondays and Tuesdays during the site controlled hunting season; hunting hours are 8:00 a.m. to 4:00 p.m. only) (5)

Mt. Vernon Game Propagation Center (hunting from January 1 to the end of season; rabbits only) (1)

Nauvoo State Park (Max Rowe Unit only) (5)

Newton Lake State Fish and Wildlife Area (closed during firearm deer hunting) (2) (5)

Oakford State Conservation Area

Peabody River King State Fish and Wildlife Area (West and North Subunits only) (1)

Pere Marquette State Park (5)

Pyramid State Park – Park and Galum Units (5)

Rall Woods State Natural Area (closed during firearm deer hunting (rabbit only)) (5)

Randolph County State Conservation Area (1)

Ray Norbut State Fish and Wildlife Area (5)

Ray Norbut State Fish and Wildlife Area – Dutch Creek Unit (5)

Red Hills State Park (2) (5)

Rend Lake Project Lands and Waters – Corps of Engineers Managed Land

Rend Lake State Fish and Wildlife Area

Rock Cut State Park (rabbit hunting only) (5)

Sahara Woods State Fish and Wildlife Area (5)

Saline County State Conservation Area (5)

Sam Dale Lake State Conservation Area (5)

Sam Parr State Park (8:00 a.m. to 4:00 p.m.) (1) (2)

Sangamon County State Conservation Area

Sanganois State Fish and Wildlife Area (2) (5)

Shawnee National Forest, Oakwood Bottoms (2)

Shelbyville State Fish and Wildlife Area (5)

Sielbeck Forest State Natural Area (5)

Siloam Springs State Park – Buckhorn Unit (opens December 5; closed during Late-Winter Deer Season) (5)

Skinner Farm State Habitat Area (1)

Snakeden Hollow State Fish and Wildlife Area (opens the day after the close of the Central Illinois zone goose season) (1) (2)

Spoon River State Forest (2) (5)

Stephen A. Forbes State Park (8:00 a.m. to 4:00 p.m.) (5)

Tapley Woods State Natural Area (closed during firearm deer hunting and muzzleloading rifle deer seasons; rabbit only) (5)

Ten Mile Creek State Fish and Wildlife Area (areas designated as Waterfowl Rest Areas are closed to all access during the regular Canada goose season only) (nontoxic shot only on posted waterfowl rest areas) (5)

Trail of Tears State Forest (1)

Turkey Bluffs State Fish and Wildlife Area (1)

Union County State Fish and Wildlife Area (Firing Line Unit only) (1) (2)

Washington County State Conservation Area (1)

Weinberg-King State Park (5)

Weinberg-King State Park (Cecil White Unit) (5)

Weinberg-King State Park (Scripps Unit) (5)

Weinberg-King State Park (Spunky Bottoms Unit) (5)

Weldon Springs/Piatt County Unit (closed during first and second firearm deer hunting) (5)

Wildcat Hollow State Forest (5)

Winston Tunnel State Natural Area (closed during firearm deer hunting (rabbit only) (5)

Wise Ridge State Natural Area

Witkowsky State Wildlife Area (rabbit only; opens after second firearm deer hunting) (closed during firearm deer hunting) (5)

Wolf Creek State Park

2. Hunting is permitted on the following areas only on the dates listed in parentheses; or on sites indicated by (3), hunting will be permitted on the first and second day of the statewide upland game season and on each subsequent Wednesday and Saturday in November, and on each Thursday and Sunday in December, through December 24. On sites indicated by (4), hunting will be permitted on the first and second day of the statewide upland game season and on each subsequent Wednesday and Saturday in November and on each Thursday and Sunday in December, through December 24, except closed during the firearm deer seasons and open December 27 and 29. Daily hunting permits filled by drawing through DNR Permit Office. Successful applicants will be sent confirmation and a printable permit via email or can access the Reservation Inquiry System to see if they were awarded a permit. Illinois residents will have preference. Only one permit per person will be issued. Each permit authorizes the holder to bring the number of additional hunting partners listed in parentheses for the day's hunt. The permit must be in possession while hunting on the site. The harvest must be reported by February 15 (or two weeks after the season closes for those seasons ending after February 1) or permit holders will forfeit hunting privileges at the sites covered in this Section for the following year:

Birkbeck Pheasant Habitat Area (each permit authorizes the holder to bring 3 hunting partners) (3)

Bradford Pheasant Habitat Area (each permit authorizes the holder to bring 3 hunting partners) (2) (3)

Burning Star State Fish and Wildlife Area (open every Wednesday in November and December. Each permit authorizes holder to bring 2 hunting partners) (2)

Chatsworth State Habitat Area (each permit authorizes the holder to bring 3 hunting partners) (2) (3)

Clifton Pheasant Habitat Area (each permit authorizes the holder to bring 3 hunting partners) (3)

Coffeen Lake State Fish and Wildlife Area − Upland Management Area (open every Wednesday during the upland season; daily limit of bobwhite quail is 4; permits issued for dates after the close of the pheasant and quail season are for rabbit hunting only; each permit authorizes the holder to bring 3 hunting partners)

Dublin Highlands Pheasant Habitat Area (each permit authorizes the holder to bring 3 hunting partners) (3)

Edward R. Madigan State Park (open on Mondays from the opening of upland game season until Christmas Day; each permit authorizes the holder to bring 3 hunting partners; check in required before hunting)

Finfrock State Habitat Area (each permit authorizes the holder to bring 5 hunting partners) (3)

Freeman Mine Habitat Area (open on Mondays starting with opening day of upland game season until Christmas Day; each permit authorizes holder to bring 3 hunting partners; daily bag limit is 2 cock pheasants, 4 quail, and 2 rabbits)

Franklin Creek State Natural Area − Nachusa Prairie Sand Farm (each permit authorizes the holder to bring 3 hunting partners) (3)

Gifford Pheasant Habitat Area (each permit authorizes the holder to bring 3 hunting partners) (3)

Green River State Wildlife Area (open every Monday, Wednesday and Thursday in November and December beginning with the Monday after the opening of the statewide upland season through the seventh Monday following; closed during the November and December firearm deer hunting; each permit authorizes the holder to bring 5 hunting partners) (1) (2)

Hallsville Pheasant Habitat Area (each permit authorizes the holder to bring 3 hunting partners) (3)

Herschel Workman Pheasant Habitat Area (each permit authorizes the holder to bring 3 hunting partners) (3)

Hindsboro Pheasant Habitat Area (each permit authorizes the holder to bring 3 hunting partners) (3)

Ilo Dillin State Habitat Area (each permit authorizes the holder to bring 3 hunting partners) (2) (3)

Jim Edgar Panther Creek State Fish and Wildlife Area (Upland Game Management Area) (open every Tuesday and Saturday during the upland game season, starting with opening day of upland game season, except during firearm deer season and December 24 and 25; permits issued for dates after the close of the pheasant and quail season are for rabbit hunting only; each permit authorizes holder to bring 3 hunting partners) (2)

Larry D. Closson Habitat Area (each permit authorizes the holder to bring 3 partners) (3)

Little Rock Creek Habitat Area (each permit authorizes the holder to bring 3 hunting partners) (3)

Loda Pheasant Habitat Area (each permit authorizes the holder to bring 3 hunting partners) (3)

Mackinaw River State Fish and Wildlife Area (each permit authorizes the holder to bring 5 hunting partners; closed during muzzleloader deer season) (2) (4)

Manito Pheasant Habitat Area (each permit authorizes the holder to bring 3 hunting partners) (3)

Mautino State Fish and Wildlife Area (each permit authorizes the holder to bring 3 hunting partners) (2) (3)

Maxine Loy Land and Water Reserve (open every Wednesday during the upland season; daily limit of bobwhite quail is 4; permits issued for dates after the close of the pheasant and quail season are for rabbit hunting only; each permit authorizes the holder to bring 3 hunting partners) (2)

Maytown Pheasant Habitat Area (each permit authorizes the holder to bring 3 hunting partners) (3)

Milks Grove Pheasant Habitat Area (each permit authorizes the holder to bring 3 hunting partners) (3)

Paul C. Burrus State Habitat Area (each permit authorizes the holder to bring 3 hunting partners) (4)

Perdueville Pheasant Habitat Area (each permit authorizes the holder to bring 3 hunting partners) (3)

Pyramid State Park – Captain, Denmark, and East Conant Units (open every Saturday and Wednesday starting with opening day through the close of statewide rabbit season; closed during firearm, muzzleloader and late winter deer seasons and any day that conflicts with a scheduled field trial; each permit authorizes the holder to bring 2 hunting partners)

Ramsey Lake State Park (open every Wednesday during the upland season; daily limit of bobwhite quail is 4; permits issued for dates after the close of pheasant and quail season are for rabbit hunting only; each permit authorizes the holder to bring 3 hunting partners)

Sand Prairie Pheasant Habitat Area (each permit authorizes the holder to bring 5 hunting partners) (3)

Sand Ridge State Forest (Sparks Pond Land and Water Reserve Area) (open on Saturdays and Tuesdays from the opening of the upland game season through the end of December except during firearm deer hunting; each permit authorizes holder to bring 3 hunting partners) (2)

Sangchris Lake State Park (open every Wednesday and Saturday in November and December after the opening day of upland game season except the Saturday of the second firearm deer season and December 24 and 25; each permit authorizes holder to bring 3 hunting partners; hunting hours 11:00 a.m. to sunset; check in required before hunting)

Saybrook Pheasant Habitat Area (each permit authorizes the holder to bring 5 hunting partners) (3)

Sibley Pheasant Habitat Area (each permit authorizes the holder to bring 5 hunting partners) (3)

Steward Pheasant Habitat Area (each permit authorizes the holder to bring 3 hunting partners) (3)

Victoria Pheasant Habitat Area (each permit authorizes the holder to bring 5 hunting partners) (2) (3)

Whitefield Pheasant Habitat Area (each permit authorizes the holder to bring 3 hunting partners) (2) (3)

Willow Creek State Habitat Area (each permit authorizes the holder to bring 3 hunting partners) (3)

3. The following sites will be open for pheasant, quail, rabbit and partridge hunting following the site's controlled pheasant hunting season; pheasants of either sex may be taken; all hen pheasants must be tagged by DNR before leaving sites; hunting hours are 8:00 a.m. to 4:00 p.m.; hunting dates or species restrictions are noted in parentheses:

Chain O'Lakes State Park (open Wednesday through Friday following permit pheasant season) (1)

Des Plaines State Conservation Area (dates are 5 days following the close of the site's permit pheasant season excluding Mondays, Tuesdays and Christmas) (1)

Eldon Hazlet State Park (no quail or rabbit hunting; controlled pheasant hunting area and for 5 consecutive days only) (1)

Iroquois County State Wildlife Management Area (no bobwhite quail or Hungarian partridge hunting; open 5 days; the Wednesday through Sunday immediately following permit pheasant season, excluding Christmas and New Year's Day; rabbit hunting only from second Monday following the close of controlled pheasant season through the close of the North Zone season) (5)

Kankakee River State Park (rabbit hunting only; open from the Monday following the close of the controlled pheasant season through the close of the North Zone season) (5)

Moraine View State Park (open Monday following the close of the controlled pheasant hunting season through the close of the North Zone season) (5)

c) Violation of a site regulation is a petty offense (see 520 ILCS 5/2.6, 2.7, 2.13 or 2.27).

History

• Source: Amended at 49 Ill. Reg. 11656, effective September 2, 2025

17 Ill. Adm. Code 530.115 Regulations for Hunting by Falconry Methods at Various Department-Owned, -Leased or -Managed Sites

a) All the regulations in 17 Ill. Adm. Code 510 apply in this Section, except that falconers are required to wear a cap and outer garment of solid and vivid blaze orange or blaze pink only during the upland game season on sites where upland game hunting is in progress.

b) Statewide falconry regulations (17 Ill. Adm. Code 1590) apply at the following sites (exceptions are in parentheses):

Big Bend State Fish and Wildlife Area

Edward R. Madigan State Park (hunting by falconry methods permitted from October 1 through March 31 or until 10 hen pheasants are harvested; falconers must sign in at the site check station before hunting and sign out immediately after hunting and report their harvest)

Mississippi River Pools 16, 17 and 18

Sand Ridge State Forest (statewide regulations except that hunting is permitted on Mondays and Tuesday only during the Controlled Daily Drawing Pheasant Program season; it is unlawful to hunt by falconry methods in the vicinity of pheasant releases as pheasants are being released; falconry hunters must obtain a free permit from site office before hunting and report harvest by April 15; failure to report harvest by April 15 will result in loss of hunting privileges the following year)

Snake Den Hollow Fish and Wildlife Area (hunting permitted from the day after the close of the Fulton-Knox County Zone goose season until the close of the statewide falconry season)

c) Cock and hen pheasant, Hungarian partridge, bobwhite quail, and rabbit may be taken at the following sites in accordance with 17 Ill. Adm. Code 1590; falconers must obtain a free permit from site office before hunting and return permit and report harvest by February 15; failure to return permit or report harvest will result in loss of hunting privileges the following year (additional site regulations are in parentheses):

Chain O'Lakes State Park (hunting permitted 8:00 a.m. to 4:00 p.m. from the Monday after the non-fee season through January 31 except closed Christmas Day; obtain permit from site office Monday through Friday 8:00 a.m. to 4:00 p.m.)

Eagle Creek State Park (hunting permitted from the end of the statewide firearms season for rabbits through January 31)

Moraine View State Park (hunting permitted October 1 through two days before the pheasant season opens. Reopens Monday following the close of the controlled pheasant hunting season through the close of the North Zone upland season; hunting hours 8:00 a.m. to 4:00 p.m.)

Ten Mile Creek Fish and Wildlife Area (hunting permitted from the end of the firearms rabbit season through January 31)

History

• Source: Amended at 49 Ill. Reg. 11656, effective September 2, 2025

Chapter I Department of Natural Resources

Subchapter b Fish and Wildlife

Part 530 Cock Pheasant, Hungarian Partridge, Bobwhite Quail, and Rabbit Hunting

17 Ill. Adm. Code 530.120 Regulations for Hunting Crow at Various Department-Owned or -Managed Sites (repealed)

History

• Source: Repealed at 18 Ill. Reg. 12628, effective August 9, 1994

17 Ill. Adm. Code 550.10 General Regulations

a) It is unlawful to hunt raccoon, opossum, striped skunk, red fox, coyote, bobcat and woodchuck (groundhog) in counties open for deer hunting during the firearm deer hunting season as specified in 17 Ill. Adm. Code 650.10, except coyotes may be taken by persons in possession of a valid unfilled firearms deer permit during hours and seasons specified in 17 Ill. Adm. Code 650.10 using hunting devices authorized by 17 Ill. Adm. Code 650.30. Violation is a Class B misdemeanor (see 520 ILCS 5/2.30).

b) Hound running areas licensed pursuant to Section 3.26 of the Wildlife Code [520 ILCS 5/3.26] are exempt from this Part.

History

• Source: Amended at 49 Ill. Reg. 14729, effective October 30, 2025

17 Ill. Adm. Code 550.20 Statewide Regulations

a) Raccoon, Opossum

1. Hunting dates: November 10 through the next following February 15, except as noted in Section 550.10(a). Hunting outside the set season dates is a Class B misdemeanor (see 520 ILCS 5/2.30).

2. Hunting hours: Season begins ½ hour before sunrise on opening date and ends ½ hour after sunset on closing date. Hours for hunting raccoon and opossum with a gun are not restricted during intervening dates of the open season, except as noted in Section 550.10(a). During the archery deer season, hours for hunting raccoon and opossum with a bow and arrow shall coincide with hours for hunting deer with a bow and arrow, as specified in Section 2.26 of the Wildlife Code [520 ILCS 5]. Hunting prior to sunrise on opening day is a Class B misdemeanor (see 520 ILCS 5/2.30). Hunting prior to ½ hour before sunrise on opening day or during the archery deer season, or hunting after ½ hour after sunset during the archery deer season, is a Class A misdemeanor with a minimum $500 fine, and a maximum $5,000 fine, in addition to other statutory penalties (see 520 ILCS 5/2.33(y)).

3. Daily limit and possession limit: None.

b) Red fox

1. Hunting dates: November 10 through the next following February 15, except as noted in Section 550.10(a). Hunting outside the season dates is a Class B misdemeanor (see 520 ILCS 5/2.30).

2. Hunting hours: Season begins ½ hour before sunrise on opening date and ends ½ hour after sunset on closing date. Hours for hunting red fox with a gun are not restricted during intervening dates of the open season, except as noted in Section 550.10(a). During the archery deer season, hours for hunting red fox with a bow and arrow shall coincide with the hours for hunting deer with a bow and arrow as specified in Section 2.26 of the Wildlife Code. Hunting prior to sunrise on opening day is a Class B misdemeanor (see 520 ILCS 5/2.30). Hunting prior to ½ hour before sunrise on opening day or during the archery deer season, or hunting after ½ hour after sunset during the archery deer season, is a Class A misdemeanor with a minimum $500 fine and a maximum $5,000 fine, in addition to other statutory penalties (see 520 ILCS 5/2.33(y)).

3. Daily limit and possession limit: None.

c) Coyote and Striped Skunk

1. Hunting dates: Year around except as noted in Section 550.10(a).

2. Hunting hours: One-half hour before sunrise to ½ hour after sunset, except from the opening date of the red fox hunting season through March 15, when statewide hunting hours are unrestricted, and except during archery deer season when coyote and striped skunk bow hunting hours shall coincide with the statewide archery deer hunting hours, as specified in Section 2.26 of the Wildlife Code. Hunting before ½ hour prior to sunrise or after ½ hour after sunset is a Class A misdemeanor with a minimum $500 fine and a maximum $5,000 fine, in addition to other statutory penalties, except when hours are unrestricted (see 520 ILCS 5/2.33(y)).

3. Daily limit and possession limit: None.

d) Woodchuck (groundhog)

1. Hunting dates: June 1 through the next following March 31, except as noted in Section 550.10(a). Hunting outside the season dates is a Class B misdemeanor (see 520 ILCS 5/2.30).

2. Hunting hours: One-half hour before sunrise to ½ hour after sunset. Hunting prior to ½ hour before sunrise or after ½ hour after sunset is a Class A misdemeanor with a minimum $500 fine and a maximum $5,000 fine, in addition to other statutory penalties (see 520 ILCS 5/2.33(y)).

3. Daily limit and possession limit: None.

e) Bobcat

1. Closed Zone: Taking bobcats is prohibited inside an area bounded by the Indiana State border from Lake Michigan southward to U.S. Route 36 (New Route 36), westward on U.S. Route 36 to U.S. Route 51, northward on U.S. Route 51 to the Wisconsin State border, and eastward on the Wisconsin State border to Lake Michigan. Bobcats may be taken in the remainder of the State in accordance with this Section.

2. Hunting dates: November 10 through the next following February 15, except as noted in Section 550.10(a)

3. Hunting hours: Season begins ½ hour before sunrise on opening date and ends ½ hour after sunset on closing date. Hours for hunting bobcat with a gun are not restricted during intervening dates of the open season, except as noted in Section 550.10(a). During the archery deer season, hours for hunting bobcat with a bow and arrow shall coincide with hours for hunting deer with a bow and arrow as specified in Section 2.26 of the Wildlife Code. Hunting prior to ½ hour before sunrise or after ½ hour after sunset is a Class A misdemeanor with a minimum $50 fine and a maximum $5,000 fine, in addition to other statutory penalties (see 520 ILCS 5/2.33(y)).

4. Daily limit and possession limit: Not to exceed one bobcat per permittee per season for combined methods of take. Bobcats salvaged from roadways under authority of Section 2.30 of the Wildlife Code become part of the permittee's season limit and are subject to permit and tagging requirements. Possession limit for bobcat does not apply to fur buyers, fur tanners, taxidermists or manufacturers as defined by Sections 3.11, 3.12, 3.15, 3.16, 3.16a, 3.18 and 3.21 of the Wildlife Code.

History

• Source: Amended at 49 Ill. Reg. 14729, effective October 30, 2025

Chapter I Department of Natural Resources

Subchapter b Fish and Wildlife

Part 550 Raccoon, Opossum, Striped Skunk, Red Fox, Gray Fox, Coyote, Bobcat and Woodchuck (groundhog) Hunting

17 Ill. Adm. Code 550.25 Permit and Tagging Requirements - Bobcat

a) Bobcat Hunting and Trapping Permit

1. Applications from residents and nonresidents will be accepted online only at www.dnr.illinois.gov from September 1 through September 30 of the current year.

2. Each person may apply for one Bobcat Hunting and Trapping Permit per application period.

3. Bobcat Hunting and Trapping Permits will be allocated in a computerized random drawing. Beginning July 1, 2020, applicants who did not receive a permit the previous year will have preference by being part of the initial random drawing. If any additional permits remain to be allocated after that drawing, a second drawing will take place for all of the individuals who received a permit the previous year.

4. The Department will mail, email or provide electronic Bobcat Hunting and Trapping Permits to successful applicants after the drawing is held.

5. A nonrefundable fee of $5 will be charged for each application for a Bobcat Hunting and Trapping Permit.

6. The number of Bobcat Hunting and Trapping Permits that are made available each season will be determined by the Department in accordance with federal regulations (50 CFR 23.69)( 2007).

7. No more than 5% of permits will be allocated to nonresidents.

8. If the number of available permits exceeds the number distributed to applicants during the lottery, remaining permits will be offered on a first-come, first-served basis at www.dnr.illinois.gov for $5 each. Applicants who received a permit in the preceding lottery are ineligible to receive a second permit.

9. Hunters must possess a Bobcat Hunting and Trapping Permit before taking or attempting to take a bobcat.

10. Hunters must possess a Bobcat Hunting and Trapping Permit before salvaging a bobcat from roadways under Section 2.30 of the Wildlife Code.

11. Bobcat Hunting and Trapping permits are not transferable. Violation is a Petty Offense (see 520 ILCS 5/2.30c).

12. Bobcat Hunting and Trapping Permits allow harvest of bobcats in all parts of the State that are not identified as closed in Section 550.20(e)(1).

b) Bobcat Registration Permit

1. Hunters must purchase a Bobcat Registration Permit within 48 hours after taking a bobcat.

2. The cost of a Bobcat Registration Permit is $5.

3. Bobcat Registration Permits will be available for purchase online only at www.dnr.illinois.gov.

4. Bobcat Registration Permits must be purchased by the same individual who took a bobcat and are not transferable. Violation is a Class B misdemeanor (see 520 ILCS 5/2.30c).

5. The Department will issue a United States Convention on International Trade in Endangered Species (U.S. CITES) pelt tag to individuals who took a bobcat in accordance with this Part and purchased a Bobcat Registration Permit.

c) Tagging Requirement

1. A U.S. CITES pelt tag must be permanently affixed to the green hide of each bobcat and sealed before the green hide is exported from the United States or transferred to a fur buyer, fur tanner, taxidermist or manufacturer. Violation is a Class B misdemeanor (see 520 ILCS 5/2.30b).

2. Unless an alternative method has been approved by the U.S. Fish and Wildlife Service, each green hide of a bobcat that is to be exported or re-exported must have a U.S. CITES tag permanently attached (50 CFR 23.69) (2007).

3. It is unlawful to possess more unsealed U.S. CITES tags issued by the Department than green hides of bobcat in possession. Violation is a Class B misdemeanor (see 520 ILCS 5/2.30b).

4. Unsealed U.S. CITES tags are not transferable.

History

• Source: Amended at 45 Ill. Reg. 12621, effective September 24, 2021

17 Ill. Adm. Code 550.26 Limits on Total Harvest – Bobcat

a) Statewide limits on the total number of bobcats that may be hunted or trapped during a season are set forth in Section 2.30 of the Wildlife Code. Bobcats salvaged from roadways in accordance with that statute do not count toward limits established for hunting and trapping.

b) The Department may close the bobcat season before the closing date set forth in Section 550.20 when it is apparent limits on the total number of bobcats that may be hunted or trapped during a season will be exceeded. Remaining valid permit holders will be contacted by letter, email and phone in addition to public announcement, if applicable.

c) Bobcat Hunting and Trapping permits will not be valid after the closing date specified in Section 550.20 or after permittees are notified of early closure of the season, whichever is earlier.

History

• Source: Amended at 48 Ill. Reg. 15529, effective October 17, 2024

17 Ill. Adm. Code 550.30 Raccoon, Opossum, Striped Skunk, Red Fox, Coyote, Bobcat and Woodchuck (Groundhog) Hunting on Department-Owned, -Leased or -Managed Sites

a) All the regulations in 17 Ill. Adm. Code 510 – General Hunting and Trapping apply in this Section, unless this Section is more restrictive.

b) For sites where hunter quotas exist and permits are required a drawing shall be held prior to the opening of the season. The date and location of the drawing shall be announced by the Department by public announcement and the drawing may be held at the site. The number of permits per site shall be determined pursuant to 17 Ill. Adm. Code 510.20. Sites that require use of windshield cards by hunters as specified in 17 Ill. Adm. Code 510.10 are followed by (1).

c) .22 caliber or smaller rimfire firearms permitted from sunset to sunrise unless otherwise specified; use of a shotgun with slugs to take furbearing mammals is prohibited except as provided in Section 550.10(a).

d) Coyote and striped skunk season shall coincide with the statewide fox season unless otherwise specified.

e) No woodchuck (groundhog) hunting allowed unless otherwise specified.

f) Coyote hunting with a .224 caliber or smaller centerfire rifle is allowed on the sites listed in subsection (g) that are followed by a (2), unless otherwise indicated, from the close of archery deer or late-winter deer season, if open, to the end of fox season (statewide hours). Ammunition must be designed to fragment/deform on impact (e.g. soft-point, hollow point or polymer tipped – no full-metal jacket rounds). Night-vision and thermal optics are allowed if used in compliance with Section 233(i) of the Wildlife Code. No hunting with a .224 caliber or smaller centerfire rifles shall occur within 300 yards of campgrounds, boat ramps, day-use areas or occupied dwellings.

g) Statewide regulations as provided for in this Section apply at the following sites unless otherwise indicated:

Adeline Jay Geo-Karis Illinois Beach State Park (coyote only; open to deer hunters with unfilled permits during all deer seasons that are open at the site)

Alvah Borah State Habitat Area (1)

Anderson Lake State Conservation Area (all hunting to begin after the close of duck season)

Apple River Canyon State Park − Thompson and Salem Units (1)

Argyle Lake State Park (1)

Banner Marsh State Fish and Wildlife Area (coyote only; coyotes can be taken with archery equipment when the site is open to archery deer hunting during archery shooting hours; coyotes can be taken with shotguns on days when the site is open to upland hunting with upland shooting hours)

Beaver Dam State Park (archery or shotgun only)

Big Bend State Fish and Wildlife Area (coyote season from August 1 through the following February 28)

Big River State Forest (1)

Burning Star State Fish and Wildlife Area (No hunting on Island Lake waterfowl rest area from November 1 through February 28) (1)

Cache River State Natural Area

Campbell Pond State Wildlife Management Area (1)

Cape Bend State Fish and Wildlife Area

Carlyle Lake Lands and Waters – Corps of Engineers Management Lands

Carlyle Lake State Fish and Wildlife Area (subimpoundment area closed 7 days prior to and during the waterfowl season) (1)

Castle Rock State Park – (coyote only; open to deer hunters with unfilled permits during shotgun, muzzleloader or archery seasons only) (1)

Cave-In-Rock State Park – Kaegi Tract (1)

Chain O'Lakes State Park (coyote only; open to deer hunters with unfilled permits during all deer seasons that are open at the site)

Chauncey Marsh State Natural Area (1)

Clinton Lake State Recreation Area (1)

Coffeen Lake State Fish and Wildlife Area (coyote only; shotgun or bow and arrow) (1)

Copperhead Hollow State Wildlife Area (woodchuck hunting season opens June 1 and closes September 30; .22 caliber rimfire or smaller rifles or shotguns loaded with shot only) (1) (2)

Crawford County State Fish and Wildlife Area (1)

Cretaceous Hills State Natural Area (1)

Cypress Pond State Natural Area

Deer Pond State Natural Area

Des Plaines State Fish and Wildlife Area (coyote may be taken with a shotgun from the day after the archery deer season closes until February 28; pursuit of coyotes with dogs is prohibited; archery deer hunters may take coyotes during the archery deer season) (1)

Devil's Island State Fish and Wildlife Area

Dixon Springs State Park

Dog Island State Wildlife Management Area (1)

Eagle Creek State Park (season opens day after second firearm deer season; closes December 20; hunting sunset to sunrise only; raccoon only) (1)

Eldon Hazlet State Park (north of Allen Branch and west of Peppenhorst Branch)

Embarras River Bottoms State Habitat Area (1)

Ferne Clyffe State Park – Cedar Draper Bluffs Hunting Area

Fort de Chartres State Historic Site (muzzleloading firearms or bow and arrow only)

Fox Creek State Fish and Wildlife Area (coyote and bobcat hunting only, coyote and bobcat may be taken by archery and firearm deer hunters during their respective seasons; pursuit of coyotes and bobcats with dogs is prohibited) (1)

Fox Ridge State Park (1)

Freeman Mine (1)

Giant City State Park (except for archery or firearm deer hunters, coyote season opens the day after the second firearm deer season and closes March 31; woodchuck hunting season opens the day after the second firearm deer season and closes March 31)

Green River State Wildlife Area (skunk and coyote close the last day of February; .22 rimfire firearms permitted from 30 minutes after sunset until 30 minutes before sunrise) (1)

Hamilton County State Conservation Area (1)

Hanover Bluff State Natural Area (1)

Harry "Babe" Woodyard State Natural Area (1)

Hennepin Canal State Trail (archery only; coyote and raccoon only; season open only when the site archery deer season is open) (1)

Hidden Springs State Forest (1)

Horseshoe Lake State Fish and Wildlife Area – Alexander County (Public Hunting Area except Controlled Hunting Area)

Horseshoe Lake State Park – Madison County (bow and arrow only; for hunters with a valid site issued archery deer permit only; site opens to statewide regulations during the month of February)

Horseshoe Lake State Park – Madison County – Gabaret, Mosenthein, Chouteau Island Units (1)

Iroquois County State Wildlife Management Area (season opens the day after permit pheasant season) (1)

Jim Edgar Panther Creek State Fish and Wildlife Area (statewide seasons for coyote and striped skunk. Centerfire rifle coyote hunting hours are from 1 hour after sunset to 1 hour before sunrise during the controlled pheasant hunting season) (1) (2)

Johnson Sauk Trail State Recreation Area (archery only; coyote and fox only; site coyote season runs concurrently with the site archery deer season; site fox season begins when the statewide fox season opens, runs concurrently with the site archery deer season, and closes the earlier of either the statewide fox season closing or the site archery deer season closing) (1)

Jubilee College State Park (coyote only; open to deer hunters with unfilled permits during archery, firearm, and muzzleloader seasons only)

Kankakee River State Park (coyote, fox, skunk and opossum may be taken during their respective seasons that fall within the archery deer season by archery only; shotgun only hunting opens the day after the close of the site upland game season or archery deer season, whichever is later, and closes with the close of the statewide fox season) (1)

Kaskaskia River State Fish and Wildlife Area (Doza Creek Waterfowl Management Area closed 7 days prior to and during duck season; the defined Baldwin Lake Waterfowl Rest Area is closed)

Kickapoo State Recreation Area (1)

Kinkaid Lake State Fish and Wildlife Area

Kishwaukee River State Fish and Wildlife Area (coyote only; open to deer hunters with unfilled permits during shotgun or archery seasons only) (1)

Lincoln Trail State Park (hunting hours sunset to sunrise only; raccoon only) (1)

Lowden-Miller State Forest (coyote only; open to deer hunters with unfilled permits during shotgun or archery seasons only) (1)

Mackinaw-State Fish and Wildlife Area (raccoon, opossum open to statewide regulations; skunk, red fox, gray fox, coyote and woodchuck open to archery during the archery deer season and statewide regulations after the close of archery deer season) (1)

Marseilles State Fish and Wildlife Area (coyote only; November 5 through the first Thursday after January 10; hunting hours are 30 minutes before sunrise to 30 minutes after sunset; use of dogs is prohibited; unauthorized personnel may not be on the site outside of the posted check station operating hours; hunters must enter the site only from designated parking lots)

Marshall State Fish and Wildlife Area (raccoon, opossum open to statewide regulations; skunk, red fox, gray fox, coyote and woodchuck open to archery during the archery deer season and statewide regulations after the close of archery deer season) (1)

Marshall State Fish and Wildlife Area – Duck Ranch Unit (raccoon and opossum only; opens the day after the close of duck season)

Matthiessen State Park (coyote only with a shotgun from the date after the archery deer season closes until February 28; use of dogs is prohibited; archery deer hunters may take coyotes during the archery deer season) (1)

Mautino State Fish and Wildlife Area (archery only; coyote and raccoon only; season open only when the site archery deer season is open) (1)

Mazonia State Fish and Wildlife Area (archery only; coyote, fox, raccoon, skunk and opossum may be taken during their respective seasons that fall within the archery deer hunting season; statewide hours) (1)

Meeker State Habitat Area (1)

Mermet Lake State Fish and Wildlife Area (hunting limited to upland game area; hunting hours ½ hour before sunrise to ½ hour after sunset) (1)

Middle Fork State Fish and Wildlife Area (1)

Mississippi River State Fish and Waterfowl Management Area (Pools 25 and 26)

Mississippi River Pools 16, 17, 18, 21, 22 and 24 (groundhog hunting allowed)

Momence Wetlands State Natural Area (archery only; coyote, fox, raccoon, skunk and opossum may be taken during their respective seasons that fall within the archery deer hunting season; statewide hours) (1)

Moraine Hills State Park (coyote only; open to deer hunters with unfilled permits during all deer seasons that are open at the site)

Newton Lake State Fish and Wildlife Area (coyote and bobcat hunting only; coyote and bobcat may be taken during their respective seasons that fall within the archery deer season by archery deer hunters only; coyotes may be taken with a shotgun from the day after the archery season closes until February 28; bobcats may be taken with shotgun from the day after archery season closes until the end of bobcat hunting season; pursuit of coyotes and bobcats with dogs is prohibited) (1)

Oakford State Conservation Area

Peabody River King State Fish and Wildlife Area (except South Subunit; shotgun or bow only; coyote season open from August 1 through the following February 28 and during the spring turkey season to hunters with a valid, unfilled turkey permit; use of dogs for hunting coyotes is prohibited)

Pyramid State Park – Captain, Denmark, East Conant, Galum, and Park Units (no hunting on waterfowl refuge) (1)

Rall Woods State Natural Area (1)

Ralph Clover State Natural Area

Randolph County State Conservation Area

Rauchfuss Hill State Recreation Area

Ray Norbut State Fish and Wildlife Area (1)

Ray Norbut State Fish and Wildlife Area – Dutch Creek Unit (opens day after second firearm deer season) (1)

Red Hills State Park (coyote and bobcat hunting only; coyote and bobcat may be taken during their respective seasons that fall within the archery deer season by archery deer hunters only; coyotes may be taken with a shotgun from the day after the archery season closes until February 28; bobcats may be taken with shotgun from the day after archery season closes until the end of bobcat hunting season; pursuit of coyotes and bobcats with dogs is prohibited) (1)

Rend Lake Project Lands and Waters – Corps of Engineers Managed Lands

Rend Lake State Fish and Wildlife Area

Rivers Project Office – Corps of Engineers Managed Lands (1)

Sahara Woods State Fish and Wildlife Area (1)

Saline County State Fish and Wildlife Area (1)

Sam Dale Lake State Fish and Wildlife Area (1)

Sam Parr State Park (1)

Sand Ridge State Forest (coyote and striped skunk seasons – opening of the statewide raccoon season until the day before opening of the statewide spring turkey season) (1)

Sangamon County State Conservation Area

Sanganois State Fish and Wildlife Area (statewide seasons for coyote and striped skunk) (1)

Sangchris Lake State Park (fox, coyote and striped skunk hunting only; statewide seasons for fox, coyote and striped skunk, except, during central zone duck and Canada goose season, hunters pursuing waterfowl or upland game may take fox, coyote and striped skunk with shotgun only in accordance with site-specific regulations set forth in 17 Ill. Adm. Code 530 and 590) (1)

Shabbona Lake State Park (archery only, coyote only, open to deer hunters with unfilled permits during archery deer season only)

Shawnee National Forest, Oakwood Bottoms and LaRue Scatters (season closes 7 days before opening of duck season and remains closed through the duck season; at Oakwood Bottoms non-toxic shot only)

Shelbyville State Fish and Wildlife Area (1)

Sielbeck Forest State Natural Area

Siloam Springs State Park (raccoon and bobcat only) (1)

Siloam Springs State Park – Buckhorn Unit (raccoon and bobcat only) (1)

Silver Springs State Fish and Wildlife Area (coyote may be taken with a shotgun from the day after the archery deer season closes until February 28; pursuit of coyotes with dogs is prohibited; archery deer hunters may take coyotes during the archery deer season)

Skinner Farm State Habitat Area

Spoon River State Forest (1)

Stephen A. Forbes State Park (1)

Tapley Woods State Natural Area (1)

Ten Mile Creek State Fish and Wildlife Area (statewide coyote, striped skunk and groundhog hunting allowed; .22 caliber or smaller rimfire firearms permitted 24 hours a day; designated Waterfowl Rest Areas closed during open season for Canada goose) (1)

Trail of Tears State Forest

Turkey Bluffs State Fish and Wildlife Area

Volo Bog State Natural Area (coyote only; open to deer hunters with unfilled permits during all deer seasons that are open at the site)

Walnut Point State Park (raccoon hunting only)

(1)

Washington County State Conservation Area

Weinberg-King State Park (raccoon and bobcat only) (1)

Weinberg-King State Park – Scripps Unit (use of dogs for hunting coyote is not allowed) (1)

Weinberg-King State Park − Spunky Bottoms Unit (1)

Wildcat Hollow State Forest (1)

William Powers State Recreation Area (archery only, coyote only, open to deer hunters with unfilled permits during archery deer season only)

Winston Tunnel State Natural Area (1)

Wise Ridge State Natural Area

Witkowsky State Wildlife Area (coyote only; season shall coincide with archery and firearm deer season at this site; archery only during the archery deer season at this site) (1)

Wolf Creek State Park (season opens day after second firearm deer season; closes December 20; hunting sunset to sunrise only; raccoon only) (1)

Woodford County State Fish and Wildlife Area (raccoon, opossum only; season opens after duck season) (1)

h) Statewide regulations apply except that hunters must obtain a permit from the site; where hunter quotas exist, permits are allocated as described in subsection (b); permits must be in possession while hunting; the permit must be returned by February 15. Failure to return the permit is a violation of this Part. (exceptions are in parentheses):

Moraine View State Park (coyote open concurrently with site archery deer hunting, archery only; fox, coyote, opossum, raccoon and skunk opens the second Monday in December, closes February 15; hours sunset to sunrise) (1)

Pere Marquette State Park

Ramsey Lake State Park (shotgun or archery only) (1)

History

• Source: Amended at 49 Ill. Reg. 14729, effective October 30, 2025

17 Ill. Adm. Code 550.40 Gray Fox

Due to the current biological balance and population numbers of the gray fox in the State of Illinois, it is illegal to hunt gray fox in this State.

History

• Source: Added at 49 Ill. Reg. 14729, effective October 30, 2025

17 Ill. Adm. Code 570.10 Statewide Zones

The State of Illinois is divided by U. S. Route 36 (New Route 36) into a Northern and Southern Zone.

History

• Source: Amended at 12 Ill. Reg. 12034, effective July 7, 1988

Chapter I Department of Natural Resources

Subchapter b Fish and Wildlife

Part 570 Muskrat, Mink, Raccoon, Opossum, Striped Skunk, Weasel, Red Fox, Gray Fox, Coyote, Badger, River Otter, Beaver, Bobcat and Woodchuck (groundhog) Trapping

17 Ill. Adm. Code 570.15 Closed Zone – Bobcat Trapping

Taking bobcats is prohibited inside an area bounded by the Indiana State border from Lake Michigan southward to U.S. Route 36 (New Route 36), westward on U.S. Route 36 to U.S. Route 51, northward on U.S. Route 51 to the Wisconsin State border, and eastward on the Wisconsin State border to Lake Michigan. Bobcats may be taken in the remainder of the State in accordance with Sections 570.20, 570.30, 570.31 and 570.35.

History

• Source: Added at 40 Ill. Reg. 8568, effective June 13, 2016

17 Ill. Adm. Code 570.20 Statewide Season Dates

a) Muskrat, mink, raccoon, opossum, striped skunk, red fox, coyote, badger, bobcat and weasel

Trapping dates: November 10 through the next following February 15.

b) Beaver and River Otter

Trapping: November 10 through the next following March 31.

c) Woodchuck (Groundhog)

Trapping dates: June 1 through the next following September 30.

d) Trapping outside the set season dates is a Class B misdemeanor (see 520 ILCS 5/2.30).

History

• Source: Amended at 49 Ill. Reg. 14747, effective October 30, 2025

17 Ill. Adm. Code 570.30 Statewide Hours, Daily Limit and Possession Limit

a) Muskrat, mink, raccoon, opossum, striped skunk, red fox, coyote and weasel

1. Trapping hours: November 10 open for trapping at sunrise; February 15 closed for trapping after sunset; otherwise, hours are unrestricted.

2. Daily and possession limit: None

b) Beaver and River Otter

1. Trapping hours: November 10 open for trapping at sunrise; March 31 closed for trapping after sunset; otherwise, hours are unrestricted.

2. Season and possession limit:

A) None for beaver;

B) The otter trapping season limit is 5 river otters trapped during any one season by a person. The possession limit is twice the season limit for all otters possessed by an individual that were taken over multiple seasons. Possession limit for river otter does not apply to fur buyers, fur tanners, taxidermists or manufacturers as defined by Section 3.11, 3.12, 3.15, 3.16, 3.16a, 3.18 and 3.21 of the Wildlife Code (Code) [520 ILCS 5]. River otters salvaged from roadways under Section 2.30 of the Code become part of the person's season limit of 5 river otters and are subject to permit and tagging requirements. Having more river otter than allowed is a Class B misdemeanor (see 520 ILCS 5/2.30).

c) Woodchuck (Groundhog)

1. Trapping hours: June 1 open for trapping at sunrise; September 30 closed for trapping after sunset; otherwise hours are unrestricted.

2. Daily and possession limit: None

d) Badger

1. Trapping hours: November 10 open for trapping at sunrise; February 15 closed for trapping after sunset; otherwise, hours are unrestricted.

2. Daily and possession limit: not to exceed two badgers per season in the Northern Zone zone and one badger per season in the Southern Zone. Badgers salvaged from roadways under authority of Section 2.30 of the Code become part of the person's season limit. Possession limits do not apply to fur buyers, fur tanners, taxidermists or manufacturers as defined by Sections 3.11, 3.12, 3.15, 3.16, 3.16a, 3.18 and 3.21 of the Code. Having more badger than allowed is a Class B misdemeanor (see 520 ILCS 5/2.30).

e) Bobcat

1. Trapping hours: November 10 open for trapping at sunrise; February 15 closed for trapping after sunset; otherwise, hours are unrestricted.

2. Daily and possession limit: Not to exceed one bobcat per person, per season for combined methods of take. Bobcats salvaged from roadways under Section 2.30 of the Code become part of the person's season limit and are subject to permit and tagging requirements. Possession limits do not apply to fur buyers, fur tanners, taxidermists or manufacturers as defined by Sections 3.11, 3.12, 3.15, 3.16, 3.16a, 3.18 and 3.21 of the Code. Having more bobcat than allowed is a Class B misdemeanor (see 520 ILCS 5/2.30).

f) Trapping before specified hours on opening day or after specified hours on closing day is a Class B misdemeanor (see 520 ILCS 5/2.30).

History

• Source: Amended at 49 Ill. Reg. 14747, effective October 30, 2025

Chapter I Department of Natural Resources

Subchapter b Fish and Wildlife

Part 570 Muskrat, Mink, Raccoon, Opossum, Striped Skunk, Weasel, Red Fox, Gray Fox, Coyote, Badger, River Otter, Beaver, Bobcat and Woodchuck (groundhog) Trapping

17 Ill. Adm. Code 570.31 Permit and Tagging Requirements

a) Permit Requirement and Fee – River Otter

1. Trappers must purchase a River Otter Registration Permit within 48 hours after taking each otter that becomes part of their daily limit.

2. The cost of a River Otter Registration Permit is $5.

3. River Otter Registration Permits must be purchased by the same individual who trapped or salvaged a river otter and are not transferable.

4. Failure to purchase a River Otter Registration Permit, failure to do so within the specified time limit and transfer of a River Otter Registration Permit are Class B misdemeanors (see 520 ILCS 5/2.30).

b) Bobcat Hunting and Trapping Permit – Application, Lottery and Fee

1. Applications from residents and nonresidents will be accepted online only at www.dnr.illinois.gov from September 1 through September 30 of the current year.

2. Each person may apply for one Bobcat Hunting and Trapping Permit per application period.

3. Bobcat Hunting and Trapping Permits will be allocated in a computerized random drawing. Beginning July 1, 2020, applicants who did not receive a permit the previous year will have preference by being part of the initial random drawing. If any additional permits remain to be allocated after that drawing, a second drawing will take place for all of the individuals who received a permit the previous year.

4. The Department will mail, email or provide electronic Bobcat Hunting and Trapping Permits to successful applicants after the drawing is held.

5. A non-refundable fee of $5 will be charged for each application for a Bobcat Hunting and Trapping Permit.

6. The number of Bobcat Hunting and Trapping permits that are made available each season will be determined by the Department in accordance with federal regulations (50 CFR 23.69 (2007)).

7. No more than 5% of permits will be allocated to nonresidents.

8. If the number of available permits exceeds the number distributed to applicants during the lottery, remaining permits will be offered first-come, first-served at www.dnr.illinois.gov for $5 each. Applicants who received a permit in the preceding lottery are ineligible to receive a second permit.

c) Bobcat Hunting and Trapping Permit – Requirements

1. Trappers must possess a Bobcat Hunting and Trapping Permit before taking a bobcat that becomes part of their daily limit.

2. Trappers must possess a Bobcat Hunting and Trapping permit before salvaging a bobcat from roadways under Section 2.30 of the Wildlife Code.

3. Bobcat Hunting and Trapping Permits are not transferable. Violation is a Petty Offense (see 520 ILCS 5/2.30c).

4. Bobcat Hunting and Trapping Permits allow harvest of bobcats in all parts of the State that are not identified as closed by Section 570.15.

d) Bobcat Registration Permit – Fee and Requirements

1. Trappers must purchase a Bobcat Registration Permit within 48 hours after taking a bobcat that becomes part of their daily limit.

2. The cost of a Bobcat Registration Permit is $5.

3. Bobcat Registration Permits will be available for purchase online only at www.dnr.illinois.gov.

4. Bobcat Registration Permits must be purchased by the same individual who took a bobcat and are not transferable.

5. The Department will issue a United States Convention on International Trade in Endangered Species (U.S. CITES) pelt tag to individuals who trapped a bobcat in accordance with this Part and purchased a Bobcat Registration Permit.

e) Tagging Requirements

1. A U.S. CITES pelt tag issued by the Department must be permanently affixed to the green hide of each river otter or bobcat and sealed before the green hide is exported from the United States or transferred to a fur buyer, fur tanner, taxidermist or manufacturer and is a Class B misdemeanor (see 520 ILCS 5/2.30b).

2. It is unlawful to possess more unsealed U.S. CITES tags issued by the Department than green hides of river otter or bobcat in possession and is a Class B misdemeanor (see 520 ILCS 5/2.30b).

3. Unsealed U.S. CITES tags are not transferable and is a Class B misdemeanor (see 520 ILCS 5/2.30b).

4. Unless an alternative method has been approved by the U.S. Fish and Wildlife Services, each green hide of bobcat or river otter to be exported or re-exported must have a U.S. CITES tag permanently attached (50 CFR 23.69) (2007).

History

• Source: Amended at 45 Ill. Reg. 12637, effective September 24, 2021

17 Ill. Adm. Code 570.32 Limits on Total Harvest - Bobcat

a) Statewide limits on the total number of bobcats that may be hunted or trapped during a season are set forth in Section 2.30 of the Wildlife Code. Bobcats salvaged from roadways in accordance with that statute do not count toward limits established for hunting and trapping.

b) The Department may close the bobcat season before the closing date set forth in Section 570.20 when it is apparent limits on the total number of bobcats that may be hunted or trapped during a season will be exceeded. Remaining valid permit holders will be contacted by letter, email and phone in addition to public announcement, if applicable.

c) Bobcat Hunting and Trapping permits will not be valid after the closing date specified in Section 570.20 or after permittees are notified of early closure of the season, whichever is earlier.

History

• Source: Amended at 48 Ill. Reg. 15544, effective October 17, 2024

17 Ill. Adm. Code 570.35 Use of Rifles, Pistols and Airguns by Trappers During Deer Gun Season

Licensed trappers may use rifles and pistols, while in possession of valid Firearm Owners Identification (FOID), or airguns to kill trapped furbearers or woodchuck (groundhog) during seasons established by Section 570.20, including portions of open seasons that coincide with hunting seasons for taking white-tailed deer with guns (17 Ill. Adm. Code 650.10, 660.10 and 680.10). All rifles, pistols or airguns so used shall be a caliber no larger than .22 to kill trapped furbearers or woodchuck (groundhog). Use of any other firearm or airgun to kill trapped furbearers or woodchuck (groundhog) during gun deer seasons is prohibited.

History

• Source: Amended at 46 Ill. Reg. 18576, effective November 2, 2022

17 Ill. Adm. Code 570.40 Trapping Regulations on Department-Owned, -Leased or -Managed Sites

a) General Regulations

1. All the regulations in 17 Ill. Adm. Code 510 – General Hunting and Trapping apply in this Section, unless this Section is more restrictive.

2. Trappers must stay within assigned areas.

3. On sites where a drawing is required, it shall be held prior to the opening of the season. The date and location of the drawing shall be announced by the Department by public announcement (publicly announced means that the information referred to will be included on the Department's Internet Home Page at www.dnr.illinois.gov, provided to outdoor writers for newspapers) and the drawing may be held at the site. Persons participating in the drawing must have either a current or previous year trapping license. The number of permits per site shall be determined pursuant to 17 Ill. Adm. Code 510.20. Permit applicants must submit name and address to the site prior to drawing. Permits must be in possession while trapping on the area. Sites that require a drawing are followed by (1). Sites that require use of windshield cards by trappers as specified in 17 Ill. Adm. Code 510.10 are followed by (2).

4. All sites except Kinkaid Lake Fish and Wildlife Area, Mississippi River Pools 16, 17, 18, 21, 22, 24, and Rend Lake Wildlife Management Area require trappers to submit a harvest report to the site superintendent within 20 days following the close of the trapping season. Reports for sites that require use of windshield cards must be submitted online at the Department's website. Failure to report shall result in the trapper being ineligible to trap at that site for the following year.

5. Body-gripping traps with a 10-inch jaw spread or larger must be totally submerged in water when set.

6. No trapping is permitted in subimpoundments or designated waterfowl management units during duck season.

7. .22 caliber or smaller rimfire firearms permitted unless otherwise specified.

b) Statewide regulations as provided for in this Part apply at the following sites (exceptions in parentheses):

Alvah Borah State Habitat Area (2)

Beall Woods State Park (water sets only) (1)

Cave-In-Rock State Park – Kaegi Tract (2)

Chauncey Marsh State Natural Area (obtain permit at Red Hills State Park headquarters) (1)

Copperhead Hollow State Fish and Wildlife Area (off-set and/or padded jaw foothold traps required for land sets) (1) (2)

Crawford County State Fish and Wildlife Management Area (water sets only) (1)

Cretaceous Hills State Natural Area (2)

Des Plaines Game Propagation Center (1)

Fox Creek State Fish and Wildlife Area (no trapping in designated waterfowl hunting units before or during waterfowl season; permit drawing held at Red Hills State Park office) (1)

Frank Holten State Park (water sets only; designated areas only) (1)

Kinkaid Lake State Fish and Wildlife Area

Mississippi River Pools 16, 17, 18, 21, 22, 24 (USFWS trapping permit required on U.S. Fish and Wildlife Service National Wildlife Refuges in Pools 21 and 24; Quincy Bay Waterfowl Management Unit closed to trapping during the regular duck season)

Pere Marquette State Park (off-set and/or padded jaw foothold traps required for land sets) (1)

Ray Norbut State Fish and Wildlife Area (1)

Ray Norbut State Fish and Wildlife Area – Dutch Creek Unit (1)

Ray Norbut State Fish and Wildlife Area – East Hannibal Unit (1)

Rend Lake Project Lands and Waters – Corps of Engineer Managed Land (water sets only)

Rend Lake State Fish and Wildlife Area (water sets only)

Sam Parr State Park (water sets only) (1)

Sielbeck Forest State Natural Area (water sets only) (2)

Siloam Springs State Park (1)

Siloam Springs State Park – Buckhorn Unit (1)

Siloam Springs State Park – Fall Creek Unit (1)

Snakeden Hollow State Fish and Wildlife Area (1)

Weinberg-King State Park (1) (2)

Weinberg-King State Park − Scripps Unit (1) (2)

Weinberg-King State Park − Spunky Bottoms Unit (1) (2)

c) Statewide regulations as provided for in this Part apply at the following sites; in addition, a permit is required; only Egg Traps®, D-P (Dog-Proof) Traps®, Lil Grizz Get'rz®, box traps, cage traps, and traps of similar design may be used for land sets (exceptions in parentheses):

Birkbeck Pheasant Habitat Area (season opens at sunrise on December 26) (1) (2)

Buffalo Prairie Pheasant Habitat Area (season begins at sunrise on December 26) (1) (2)

Butterfield Trail State Recreation Area (1) (2)

Cache River State Natural Area (no snares allowed) (1)

Cape Bend State Fish and Wildlife Area (1)

Carlyle Lake Lands and Waters – Corps of Engineers Managed Lands (1)

Carlyle Lake State Wildlife Management Area (1)

Clinton Lake State Recreation Area (1) (2)

Cypress Pond State Natural Area (1)

Deer Pond State Natural Area (1)

Devil's Island State Fish and Wildlife Area (1)

Dug Hill State Fish and Wildlife Area

Eldon Hazlet State Park – north of Allen Branch and west of Peppenhorst Branch only (1)

Embarras River Bottoms State Habitat Area (2)

Ferne Clyffe State Park – Cedar Draper Bluffs Hunting Area (1)

Finfrock State Habitat Area (seasons open at sunrise on December 26) (1) (2)

Fort de Chartres Historic Site (1)

Hallsville Pheasant Habitat Area (seasons open at sunrise on December 26) (1) (2)

Harry "Babe" Woodyard State Natural Area (1) (2)

Herschel Workman Pheasant Habitat Area (2)

Hindsboro Pheasant Habitat Area (2)

Horseshoe Lake State Fish and Wildlife Area (1)

I & M Canal State Park (1)

Kaskaskia River Fish and Wildlife Area (Doza Creek Waterfowl Management Area closed 7 days prior to duck season; the defined Baldwin Lake Waterfowl Rest Area is closed) (1) (2)

Ken Russell T Lake State Habitat Area (1) (2)

Kickapoo State Recreation Area (1) (2)

Kidd Lake State Natural Area (1)

Lake Murphysboro State Park (1)

Larry D. Closson State Habitat Area (2)

Lincoln Trail State Park (1) (2)

Lowden State Park − Kilbuck Creek Habitat Area (1)

Mazonia State Fish and Wildlife Area (1) (2)

Meeker State Habitat Area (1) (2)

Mermet Lake State Fish and Wildlife Area (1) (2)

Middle Fork State Fish and Wildlife Area (1) (2)

Mississippi River State Fish and Waterfowl Area (Pools 25, 26) (land sets accessed by land only allowed during duck season; water and land sets allowed after duck season closes) (1)

Moraine Hills State Park (water sets only; only body-gripping traps with a jaw spread of 5 inches or less may be used; no more than two persons may enter drawing on a single card) (1)

Moraine View State Park (no more than 2 persons may enter drawing on a single card) (1) (2)

Newton Lake State Fish and Wildlife Area (2)

Paul C. Burrus Habitat Area (2)

Peabody River King State Fish and Wildlife Area (east, west, and south subunits only) (1)

Perdueville Pheasant Habitat Area (2)

Ralph Clover State Natural Area

Randolph County State Conservation Area (1)

Red Hills State Park (2)

Sand Ridge State Forest (1) (2)

Sanganois State Fish and Wildlife Area (1) (2)

Saybrook Pheasant Habitat Area (2)

Shelbyville State Fish and Wildlife Area (1) (2)

Sibley Pheasant Habitat Area (2)

Ten Mile Creek State Fish and Wildlife Area (designated Waterfowl Rest Areas closed to trapping during open season for Canada goose) (2)

Turkey Bluffs State Fish and Wildlife Area (1)

Union County State Fish and Wildlife Area (1)

Victoria Pheasant Habitat Area (season opens at sunrise on December 26) (1) (2)

Walnut Point State Park (2)

Washington County State Conservation Area (1)

Willow Creek State Habitat Area (2)

Wise Ridge State Natural Area (1)

World Shooting and Recreation Complex (designated areas only) (1)

d) Statewide regulations as provided for in this Part apply at the following sites (exceptions in parentheses); in addition, a permit is required; only Egg Traps®, D‑P (Dog-Proof) Traps®, Lil Grizz Get'rz®, box traps, cage traps, and traps of similar design may be used for land sets; only body-gripping traps with a jaw spread of 5 inches or less, foothold traps with a jaw spread of 4½ inches or less and square body-gripping traps with a 10 inch jaw spread may be used for water sets; snares may be used for water sets:

Adeline Jay Geo-Karis Illinois Beach State Park (open November 15 to March 31) (2)

Anderson Lake State Conservation Area (1)

Argyle Lake State Park (1) (2)

Banner Marsh State Fish and Wildlife Area (1)

Beaver Dam State Park (1)

Big Bend State Fish and Wildlife Area (after the close of rabbit season foothold traps with a jaw spread of 7½ inches or less may be used for water sets) (1)

Burning Star State Fish and Wildlife Area (no trapping in Island Lake Waterfowl Rest Area, no foothold traps, and body-gripping traps must be fully submerged) (1) (2)

Coffeen Lake State Fish and Wildlife Area (1) (2)

Coleta Ponds (1)

Dog Island State Wildlife Management Area (1) (2)

Double T State Fish and Wildlife Area (1)

Edward R. Madigan State Fish and Wildlife Area/James C. Helfrich Wildlife Propagation Center (designated areas only) (1) (2)

Giant City State Park (1)

Gifford Pheasant Habitat Area – (season opens at sunrise on December 26) (2)

Hamilton County State Fish and Wildlife Area (closed during firearm deer season) (2)

Hanover Bluff State Natural Area (1)

Henderson Creek State Fish and Wildlife Area (1) (2)

Hennepin Canal Parkway including Sinnissippi Lake (trappers must register at park office; no floats may be set more than 14 days prior to the season and must be removed at the conclusion of the season; no land sets) (1)

Hidden Springs State Forest (1) (2)

Horseshoe Lake State Park – Madison County (1)

Horseshoe Lake State Park (Gabaret, Mosenthein and Chouteau Island Units (Madison County)) (1)

Ilo Dillin State Habitat Area (use of foothold traps prohibited during pheasant and quail season) (1)

Jim Edgar Panther Creek State Fish and Wildlife Area (body-gripping traps must be completely submerged) (1) (2)

Johnson-Sauk Trail State Park (no foothold water sets) (1)

Jubilee College State Park (1)

Kankakee River State Park (trappers must wear blaze orange while checking traps; no trapping adjacent to bike or horse trails; south of the Kankakee River, only dog proof type traps may be used until the close of the upland hunting season; no trapping on campground areas until closed) (1) (2)

Kishwaukee River State Fish and Wildlife Area (site trapping season ends on the last day of archery deer season) (1) (2)

Lake Le-Aqua-Na State Park (1)

Little Rock Creek State Habitat Area (1)

Mackinaw River State Fish and Wildlife Area (1)

Marshall County State Fish and Wildlife Area (1) (2)

Mautino State Fish and Wildlife Area (trappers must register at the Hennepin Canal office; no floats may be set more than 14 days prior to the season and must be removed at the conclusion of the season; no land sets) (1)

Morrison Rockwood State Park (1)

Mt. Vernon Game Propagation Center (1)

Pekin Lake State Fish and Wildlife Area (1)

Pyramid State Park – Captain, Denmark, East Conant, Galum, and Park Units (no trapping on waterfowl refuge during waterfowl season; no foothold traps; body-gripping traps must be submerged) (1) (2)

Ramsey Lake State Park (1) (2)

Rice Lake State Fish and Wildlife Area (1)

Rock Cut State Park (1)

Saline County State Fish and Wildlife Area (1) (2)

Sam Dale Lake State Conservation Area (2)

Sahara Woods State Fish and Wildlife Area (1) (2)

Sangchris Lake State Park (trapping rights for the opening day of the raccoon trapping season in the southern zone through January 25 are allocated by a drawing and restricted to designated areas; from February 1 through March 31, Sangchris Lake will be open to statewide trapping regulations) (1) (2)

Shabbona Lake State Park (1) (2)

Sparland State Fish and Wildlife Area (1)

Spoon River State Forest (1) (2)

Spring Lake State Fish and Wildlife Area (1)

Starved Rock/Matthiessen State Park (1)

Stephen A. Forbes State Park (1) (2)

Trail of Tears State Forest (1)

Weldon Springs State Park (1) (2)

e) Trapping is prohibited on all other Department-owned, -leased or -managed sites except by special permit which shall be issued by the Department when it is determined that the harvest of a species would enhance the biological balance of the resource.

1. All regulations shall be according to species regulations as provided for in this Part.

2. Permit application information and site specific regulations shall be announced publicly by the Department through the news media by September 1 of each year.

3. Site specific regulations shall be listed on the application and permit and posted at the site.

History

• Source: Amended at 49 Ill. Reg. 14747, effective October 30, 2025

17 Ill. Adm. Code 570.50 Gray Fox

Due to the current biological balance and population numbers of the gray fox in the State of Illinois, it is illegal to trap gray fox in this State.

History

• Source: Added at 49 Ill. Reg. 14747, effective October 30, 2025

Chapter I Department of Natural Resources

Subchapter b Fish and Wildlife

Part 590 Duck, Goose and Coot Hunting

17 Ill. Adm. Code 590.5 Reference Material

Federal Register documents listing U.S. Fish and Wildlife Service regulations and establishing seasons for migratory birds may be viewed at: www.fws.gov/policy/frsystem.

History

• Source: Added at 45 Ill. Reg. 13834, effective October 25, 2021

17 Ill. Adm. Code 590.10 Statewide Regulations

a) Pursuant to Section 2.18 of the Wildlife Code [520 ILCS 5/2.18], it shall be unlawful to take, possess, transport, or use migratory waterfowl except during such period of time and in such manner and numbers as may be provided in the Federal Migratory Bird Treaty Act (16 U.S.C. 703-711), the Migratory Bird Hunting Stamp Act (16 U.S.C. 1718 et seq.), and annual Rules and Regulations for Migratory Bird Hunting (50 CFR 20 (August 31, 2006) and 21 (September 22, 2006) (collectively referred to in this Part as federal regulations) (no incorporation in this Part includes later amendments or editions), or contrary to any State regulations made in the Wildlife Code.

b) The legal possession of a concealed firearm by a validly licensed concealed carry licensee is allowed statewide, subject to Section 2.33 of the Wildlife Code on illegal devices and State refuges, the prohibitions set forth in Section 65 of the Firearm Concealed Carry Act [430 ILCS 66] and any applicable federal regulations.

c) Duck, goose and coot regulations are in accordance with Federal Regulations (50 CFR 20) unless the regulations in this Part are more restrictive.

d) It shall be unlawful while attempting to take migratory waterfowl or coots to have in possession any shotgun shells not approved as non-toxic by federal regulations.

e) It shall be unlawful to possess any shotgun shell loaded with a shot size larger than number T steel or number BBB of any other non-toxic shot when attempting to take waterfowl.

f) Closed Areas

Closed areas, including waterfowl refuges and rest areas, may be designated at certain sites in accordance with 17 Ill. Adm. Code 510. Boundaries of these closed areas will be posted.

g) Commercial Migratory Waterfowl Hunting regulations are specified in 17 Ill. Adm. Code 640.

h) No person during the open season shall take or attempt to take wild geese prior to ½ hour before sunrise nor after sunset. During special light goose seasons as indicated in subsection (n), statewide hunting hours shall be ½ hour before sunrise to ½ hour after sunset daily.

i) Registration in the U.S. Fish and Wildlife Service Migratory Bird Harvest Information Program (HIP) is required for those persons who are required to have a hunting license before taking or attempting to take ducks, geese or coots. Instructions for registering are provided with issuance of hunting license.

j) If 50 CFR 20 or 21 allows light goose seasons to be liberalized, snow geese, blue geese and Ross' geese may be taken in accordance with federal regulations regarding hunting hours, method of taking and bag limits through April 30.

k) Nothing in this Part shall be construed to criminalize the legal possession of a concealed firearm, as set forth in Section 590.10(b), by a validly licensed concealed carry licensee (see 430 ILCS 66).

History

• Source: Amended at 49 Ill. Reg. 11683, effective September 2, 2025

17 Ill. Adm. Code 590.11 Seasonal Public Access Closures on Certain Department-Owned, -Leased, and -Managed Sites Listed in Section 590.20, 590.40 and 590.50

a) It shall be unlawful, unless otherwise authorized in this Part, to be present upon the designated waterfowl hunting area of a Department owned, leased, or managed site during the period beginning 7 days prior to the start of regular duck season and continuing through the final day of regular duck season, except for legally permitted waterfowl hunters engaged in waterfowl hunting or other persons authorized by the Department.

b) Subsection (a) shall not apply to the Mississippi River or the Illinois River. No one may be located within 250 yards of an occupied waterfowl blind located on the Mississippi River or the Illinois River during the regular duck and goose season, except for legally permitted waterfowl hunters engaged in waterfowl hunting or other persons authorized by the Department.

History

• Source: Added at 49 Ill. Reg. 11683, effective September 2, 2025

17 Ill. Adm. Code 590.15 Duck, Goose and Coot General Hunting Regulations on DepartmentOwned, -Leased and -Managed Sites Listed in Sections 590.40 and 590.50

a) Definitions

1. Blind builder – Person who has been assigned a blind site as a result of the drawing.

2. Blind partner – Persons chosen by the builder to assist in construction and maintenance of the blind and to share its blind claiming and hunting privileges.

3. Blind registration card – Card issued by the Department and tacked inside each blind, or carried on the hunter for claiming hunting sites, listing names and addresses of blind builders.

4. Blind site – A position within 10 feet of a marked location where blind must be constructed. Sites shall be located and marked by the Department.

5. Dog Hide – A compartment or area within or attached to a blind that houses a dog used to retrieve downed waterfowl.

6. Drawing – Procedure by which blind sites are assigned.

7. Herbaceous vegetation – For purposes of this Section, is a plant species that is not a tree or shrub.

8. Hunting party – An individual or group of hunters occupying a single boat, blind, or hunting site.

9. Hunting site – A position within 10 feet of a marked location where temporary blinds may be used. Sites shall be located and marked by the Department. Temporary blinds must be removed at the end of each day's hunt.

10. Temporary blind – A place of concealment that is removed in its entirety at the end of each day's hunt, including boat blinds.

11. Woody vegetation – For the purposes of this Section, is a species of tree or shrub.

b) Blind Construction

1. Blinds must be at least 4 feet x 8 feet, but no higher than 14 feet from the water surface at normal pool level, to the top of the shooting box, sturdy enough to withstand daily usage, and must be maintained in good condition by blind builders throughout the duck season. Blinds shall be numbered and that number shall be visible from the outside of the blinds. Blinds must be placed within 10 feet of assigned Department marked site.

2. Blinds built over water must be of platform construction with the platform constructed above normal water conditions or they may be floating blinds. At Mississippi River Pools 25 and 26, river blinds located on the Mississippi and Illinois Rivers and at Batchtown management area located on the river side of the closing levee may also be pull-in boat hide blinds. Boat hide blind must have a minimum size of 18' x 7.5', be sturdy enough to withstand daily use considering conditions of the site, and be maintained in good condition throughout the season. Boat hide blinds shall be completed, including final brushing by four weeks prior to opening day of duck season for other areas mentioned in this subsection (b)(2). Failure to meet these standards shall result in forfeiture of the blind site.

3. Except for Chain O'Lakes State Park, Meredosia Bay, Mississippi River Pools 16, 17, 18, 21, 22, 24 and the Sparland Unit of Marshall State Fish and Wildlife Area, blinds must be completed, including final brushing, 3 weeks in advance of opening date of regular duck season (except at Mississippi River Area Pools 25 and 26 blinds and final brushing must be completed 4 weeks in advance of opening date of regular duck season) after which time the Department shall inspect all blinds and blind sites and issue Blind Registration Cards to those which pass inspection. Blind builders shall not gain access to Redwing Slough/Deer Lake State Natural Area until the day following Labor Day. Blind builders must post Blind Registration Card in the blind prior to the first day of regular duck season. If adverse weather or water conditions make compliance with this rule difficult the Site Superintendent or the District Wildlife Manager may grant extensions.

4. Sites on which blinds have not been built or registered, as well as sites on which blinds of an unsatisfactory quality have been built, shall be reassigned to alternates selected at a drawing or by a first come-first served allocation held on a day publicly announced by the Department. All reassigned blinds must be completed, including final brushing, 7 days prior to the opening date of the duck season on sites posted as being closed to trespassing 7 days prior to regular duck season. At Mississippi River Area Pools 25 and 26 reassigned blinds must be completed by sunset of the Sunday immediately preceding the opening day of regular duck season. On all other sites reassigned blinds must be completed, including final brushing, by the day before the opening day of the regular duck season.

5. Not more than 3 persons shall be registered for assignment of any one blind site. Blind builders shall submit partner names on a blind registration form as designated at the site drawing. After the designated time, no changes shall be accepted. As directed by the information sheet available at each site, the registration form must be filled out and returned within 30 days after the blind drawing date. Failure to do so shall result in forfeiture of blind/hunting site.

6. No person shall be allowed to be a blind builder or partner on more than one public waterfowl blind managed by the Department.

7. Boat hides are required, except as noted in Sections 590.40 and 590.50, and must have minimum dimensions of 18' x 7½'. Boat hides shall be sturdy enough to withstand daily use considering the conditions of the site, and must be maintained in good condition throughout the season, and shall be completed including final brushing by 3 weeks prior to the opening day of duck season, except at Mississippi River Area Pools 25 and 26 boat hides and final brushing must be completed 4 weeks prior to the opening day of duck season; failure to meet these standards shall result in forfeiture of blind site.

8. Previous year's blind builders shall have until 7 days after the next allocation period drawing to salvage materials from their blinds except as indicated in Sections 590.40(a) and (b) and 590.50(a) and (b).

9. Blinds must include a dog hide that is on the same level as the blind. The dog hide can either be incorporated into the blind by providing a hole at floor level that measures at least 20 inches high by 20 inches wide or by providing a separate compartment that is attached to the blind. Hides attached to the blind should have a minimum floor space that measures 2 feet by 2 feet and should be at least 2.5 feet high with 2 openings. One opening should be between the blind and the dog hide, should measure at least 20 inches by 20 inches, and should be constructed at the same level as the blind floor. The water access opening should be at least 20 inches wide and 20 inches high. Hides either within the blind or attached should have an enforced ramp to water level that is at least 15 inches wide with cleats every 12 inches. Openings in the blind must be capable of being closed when not in use.

c) Use of Blinds or Areas Located Near Blinds

1. Attempts to claim blinds/hunting sites by any manner other than actual occupation shall be considered in violation of this Part. The insertion of a boat into the boat hide and/or the spreading of decoys before a blind shall not be considered legal occupation of a blind.

2. No person shall hunt, or attempt to hunt, except from within a registered blind, except for Chain O'Lakes State Park, Meredosia Bay, Mississippi River Pools 16, 17, 18, 21, 22, 24 and the Sparland Unit of Marshall State Fish and Wildlife Area.

3. Persons under 16 years of age shall not hunt, or attempt to hunt, unless accompanied by an adult due to safety factors.

4. Blinds shall not be locked.

5. Claiming or attempting to claim any blind that is legally occupied, and/or harassing, in any manner, the occupants of a blind which has been legally occupied, is unlawful.

6. No person shall violate Section 590.11 or be located within 250 yards of an occupied blind within the hunting area, except for those authorized to occupy the blind and Department employees.

7. All hunting parties shall hunt over a spread of at least 12 decoys during duck season and Canada goose season. The decoys shall be staked, placed, or floating, be individually visible, be at least 8 inches long, and not be within a boat, blind or container.

8. At sites where a manned check station is in operation, hunters are required to show their hunting license and Federal and State Migratory Waterfowl Stamp. Persons exempt by law from having a hunting license and an Illinois stamp must show valid photo identification (example: Firearm Owner's Identification Card, driver's license, etc.).

9. Cutting of woody vegetation greater than 4 inches in diameter at breast height (d.b.h.) is prohibited. No cutting of oak trees of any size is allowed. Killing or harming herbaceous vegetation, including but not limited to herbicide treatments or natural vegetation killers, or otherwise damaging or destroying habitat on Department managed lands by any means is prohibited. Planting crops or other vegetation, as well as spreading mineral supplements, including but not limited to salt, is prohibited on lands controlled by the Department. Violations of these rules without written permission of the Site Superintendent will result in loss of the blind for the current allocation period for that site.

d) Public Drawing

1. Time and place for all sites holding drawings shall be publicly announced by the Department.

2. A registrant for a drawing must:

A) be 16 years of age or older;

B) possess a current or preceding year's annual Illinois hunting license that allows the individual to hunt without additional supervision;

C) possess a current or preceding year's Illinois Migratory Waterfowl Stamp unless exempted by law; and

D) possess a valid government issued photo identification (example: Firearm Owner's Identification Card, driver's license).

3. Persons exempted by law from possessing a hunting license or waterfowl stamp must be 16 years of age or older and have valid government issued photo identification. In order to be an eligible applicant for the drawing, the participant must not at the time of the drawing have his/her hunting privileges suspended or revoked by the Department or any other jurisdiction. Applicants must be present for the registration and drawing to be eligible for allocation of blind sites.

4. No person is eligible to draw for a waterfowl blind or hunting site who has had his or her hunting privileges suspended by Illinois or any other state, or is prohibited from possessing a firearm due to a conviction for violation of a State or federal law, or is prohibited from possessing a firearm by action of law regardless of conviction status (such as homeland security, under order of protection, etc.). Any ineligible person who submits an application to draw for a waterfowl blind or hunting site shall be refused, if known by the drawer at the time to be ineligible, or shall have his or her draw declared void upon discovery of ineligibility by the Department. A refused or voided application shall be referred to the appropriate State's Attorney for possible prosecution under the Criminal Code of 2012 [720 ILCS 5].

e) Flood Rules

1. Unless site-specific flood rules are listed in Sections 590.40, 590.50 or 590.60, in the event that State managed sites are flooded to the point that public waterfowl blinds cannot be constructed or waterfowl blinds are no longer usable during a flood, or if the receding flood water does not allow for Department blind inspection under subsection (b), the Department, by public announcement and/or posting, may permit waterfowl hunting under one of the following subsections:

A) If the check station for that site is open, all rules apply, except that hunting will be allowed from boat, platform or floating blinds which must be located within 10 feet of the marked blind site.

B) If the check station is not operable, all rules apply except that hunting will be allowed from boat, platform or floating blinds which must be located within 10 feet of the marked blind site. Additionally, rules listed in Section 590.40(b)(1), (2), (3), (4) and (9) shall not be in force. Rules concerning blind claiming as listed in Section 590.50(b) shall apply.

C) If blind sites have not been marked and no check station is operable, the area will be open to hunting from platform, floating or boat blinds or by walk-in hunting, anywhere on the area except refuges and closed waterfowl rest areas. Preplacement of unattended decoys and/or unoccupied blinds or boat hides do not constitute lawful possession of a hunting site. All hunting parties must remain 200 yards apart and follow normal closing hours for the site.

D) In all above flood circumstances, regulations requiring the construction of a separate boat hide and regulations regarding the minimum standards for blind construction and inspection shall be suspended for that season.

2. Hunting locations allocated via public drawing shall be retained by blind registrants despite the lack of a completed blind.

f) Only flu flu arrows may be used by bow and arrow hunters; broadheads are not allowed.

History

• Source: Amended at 49 Ill. Reg. 11683, effective September 2, 2025

17 Ill. Adm. Code 590.20 Permit Controlled Department Sites Only - Duck, Goose and Coot Hunting

a) Sites covered in this Section, which allow hunting by permit only, are:

Anderson Lake State Fish and Wildlife Area

Banner Marsh State Fish and Wildlife Area

Big Bend State Fish and Wildlife Area

Black Crown Marsh State Natural Area

Clinton Lake State Recreation Area – Salt Creek Waterfowl Management Area (2)

Double T State Fish and Wildlife Area

Embarras River Bottoms State Habitat Area (2)

Fox Creek State Fish and Wildlife Area (2)

Horseshoe Lake State Fish and Wildlife Area – Controlled Hunting Area

Larry D. Closson State Habitat Area (2)

Marshall State Fish and Wildlife Area – Duck Ranch Unit (2)

Mermet Lake State Fish and Wildlife Area

Rice Lake State Fish and Wildlife Area – Walk-in Units

Snakeden Hollow State Fish and Wildlife Area

Spring Lake State Fish and Wildlife Area − Spring Lake Bottoms Unit

Union County State Fish and Wildlife Area – Controlled Hunting Area

b) Permit Requirements

1. Permit applications shall be accepted starting August 16. Initial acceptance dates and methods for making applications will be publicly announced. A hunter can obtain up to 5 permits for duck hunting and 5 permits for goose hunting as follows: Only applications submitted by Illinois residents will be processed during the first lottery to apply for up to one duck permit and one goose permit. Non-residents and residents who did not receive a permit or did not apply in the first lottery will be eligible to participate in the second lottery to apply for their first duck and goose permit. Residents will have preference in the 2nd lottery. Residents and non-residents can apply for a 2nd permit for duck and goose hunting in the 3rd lottery. Residents will have preference in the 3rd lottery. Residents and non-residents can apply online for a 3rd, 4th and 5th duck and goose permit after the 3rd lottery. Successful applicants will be sent confirmation via email or can access the Reservation Inquiry System to see if they were awarded a permit.

2. Permits shall be issued until the daily quota is filled. The daily quota is determined by the formula: one hunter per 10 to 40 huntable acres. Huntable acres are determined by, but not limited to, the biological studies on the number of the species available; the condition, topography, and configuration of the land at the site; the condition of the roads at the site; the number of employees available to work at the site; and the number of blinds which can be established on a site as set forth in Section 3.8 of the Wildlife Code [520 ILCS 5]. Hunting locations (blind or stake number) shall be assigned randomly by the permit office and listed on the permit at sites that do not have a check station, but have multiple hunting locations.

3. The permit shall be for the use of the entire blind or staked site/area.

A) It shall be the responsibility of the permit holder to bring one hunting partner or one non-hunting partner (non-hunting partners are defined as persons under 21 years of age accompanying the hunter in the blind) or 2 non-hunting partners (3 persons per blind but not more than 2 hunters per blind) for:

Snakeden Hollow State Fish and Wildlife Area

Horseshoe Lake State Fish and Wildlife Area

Union County State Fish and Wildlife Area

B) It shall be the responsibility of the permit holder to bring no more than 2 partners (hunters or non-hunters; 3 persons per stake/area) for:

Rice Lake State Fish and Wildlife Area – Walk-in Unit

Kidd Lake State Natural Area – units west of the railroad tracks only

C) It shall be the responsibility of the permit holder to bring no more than 3 partners (hunters or non-hunters; 4 persons per blind or staked site/area) for:

Anderson Lake State Fish and Wildlife Area

Banner Marsh State Fish and Wildlife Area

Big Bend State Fish and Wildlife Area

Black Crown Marsh State Natural Area

Double T State Fish and Wildlife Area

Embarras River Bottoms State Habitat Area

Fox Creek State Fish and Wildlife Area

Larry D. Closson State Habitat Area

Marshall State Fish and Wildlife Area – Duck Ranch Unit

Mermet Lake State Fish and Wildlife Area

Spring Lake State Fish and Wildlife Area – Spring Lake Bottoms Unit

Clinton Lake State Recreation Area – Salt Creek Waterfowl Management Area

4. Unallocated blinds may be filled by a drawing at the sites. If no drawing occurs, then modifications will be posted at the site and 17 Ill. Adm. Code 510.10(d)(3) shall apply.

5. Permits are not transferrable.

6. Permits will be issued from the Springfield Permit Office for permit‑controlled sites. For other information write to:

Illinois Department of Natural Resources

Permit Office − Waterfowl

P.O. Box 19457

Springfield IL 62794-9457

c) General Regulations

1. All use other than permit hunting as defined in subsection (b)(3) is prohibited at:

A) Snakeden Hollow State Fish and Wildlife Area from 2 weeks before duck season through close of Central Zone Canada goose season (except for archery deer hunting).

B) Double T State Fish and Wildlife Area from October 1 through the close of the Central Zone Duck hunting season.

2. Hours, Permits and Stamp Charges

A) Hunting hours are from legal opening time until 1:00 p.m., except at Horseshoe Lake State Fish and Wildlife Area and Union County State Fish and Wildlife Area, which close at 12 noon. Marshall State Fish and Wildlife Area – Duck Ranch Unit will have statewide hours for early and late goose seasons.

B) At Snakeden Hollow State Fish and Wildlife Area from opening day through November 30, all hunters must register at the check station by 5:00 a.m. Permits are void after 5:00 a.m. From December 1 through December 31, all hunters must register at the check station by 5:30 a.m. Permits are void after 5:30 a.m. From January 1 through the close of goose season, all hunters must register at the check station by 6:00 a.m. Permits are void after 6:00 a.m.

C) At Banner Marsh State Fish and Wildlife Area, Horseshoe Lake State Fish and Wildlife Area, Rice Lake State Fish and Wildlife Area – Walk-in Units and Union County State Fish and Wildlife Area hunters with permit reservations are required to check in at the check station between 4:30 a.m. and 5:00 a.m. Permits are void after 5:00 a.m. A drawing may be held to allocate blind sites at all sites. If no drawing occurs, then modifications will be posted at the site and 17 Ill. Adm. Code 510.10(d)(3) shall apply.

D) At Anderson Lake State Fish and Wildlife Area and Spring Lake State Fish and Wildlife Area – Spring Lake Bottoms Unit, hunters are required to check in at the check station no later than one hour before legal shooting time; after that time, permits are void.

E) At Double T State Fish and Wildlife Area, hunters must check in by 4:30 a.m. at the Rice Lake check station. Permits are void after 4:30 a.m. Check out is required at all sites listed in this Section.

F) At Clinton Lake State Recreation Area – Salt Creek Waterfowl Management Area, hunting hours are from legal shooting time to 1:00 p.m. Permit hunters have sole access to the assigned, permanent blind sites for the day and may occupy the site as desired during legal access hours but may not leave and re-enter the site.

G) At Kidd Lake State Natural Area, hunters may arrive at hunt sites 1 hour prior to legal shooting time until 1:00 p.m. when shooting must cease. Hunters must remove all hunting materials and vacate the area by 2:00 p.m. Only hunters with Public Duck and Goose Hunting Area Permits and their partners may hunt the site.

H) A $15 Daily Usage Stamp must be purchased at Snakeden Hollow State Fish and Wildlife Area. Partners between 16 and 20 years of age must pay daily usage stamp fee. Partners under 16 are not required to purchase a daily usage stamp.

I) A $10 Daily Usage Stamp must be purchased at Banner Marsh State Fish and Wildlife Area, Marshall State Fish and Wildlife Area – Duck Ranch Unit, Spring Lake State Fish and Wildlife Area − Spring Lake Bottoms Unit, Horseshoe Lake State Fish and Wildlife Area, Union County State Fish and Wildlife Area. Non‑hunting partners between 16 and 20 years of age must pay daily usage stamp fee. All partners under 16 are not required to purchase a daily usage stamp.

J) At Embarras River Bottoms State Habitat Area, hunters may arrive at hunt sites 1 hour prior to legal shooting time until 1:00 p.m. when shooting must cease. Hunters must remove all hunting materials and vacate the area by 3:00 p.m. Only hunters with Public Duck and Goose Hunting Area Permits and their partners may hunt the site.

K) At Mermet Lake State Fish and Wildlife Area, permits will be valid each day the check station is open during regular duck season. Drawing for blinds may take place 90 minutes before shooting time and hunting hours are from ½ hour before sunrise until 1:00 p.m. If no drawing occurs, then modifications will be posted at the site and 17 Ill. Adm. Code 510.10(d)(3) shall apply.

3. Hunting shall be done from assigned locations (blinds, stakes, areas or pits) only and hunters shall not move from assigned location to another location or leave the assigned location and return.

4. Guns must be unloaded and encased at all times when not hunting. Except at Union County and Horseshoe Lake State Fish and Wildlife Areas, all hunting parties shall hunt over a spread of at least 12 decoys during duck season and Canada goose season. The decoys shall be staked, placed or floating, be individually visible, be at least 8 inches long, and not be within a boat, blind or container.

5. The legal hunting seasons for Horseshoe Lake State Fish and Wildlife Area and Union County State Fish and Wildlife Area are the dates of the South Zone duck and goose hunting seasons except that these areas shall be closed on Mondays, Tuesdays (except for the Illinois Youth Waterfowl Hunt) and December 24 through 28. (These sites shall be open only for the Illinois Youth Waterfowl Hunt on December 28, pursuant to 17 Ill. Adm. Code 685.110.)

6. The legal hunting season at Snakeden Hollow State Fish and Wildlife Area is the dates of the Central Zone goose hunting season except that the area shall be closed on Mondays, Tuesdays, Wednesdays, and December 24, 25 and 26.

7. The legal hunting season at Banner Marsh State Fish and Wildlife Area and Rice Lake State Fish and Wildlife Area – Walk-in Units is the dates of the Central Zone duck hunting season.

8. The legal hunting season at Spring Lake State Fish and Wildlife Area – Spring Lake Bottoms Unit is the opening day of the Central Zone duck hunting season and every Tuesday, Thursday and Sunday of the Central Zone duck hunting season, except the second Sunday in November, which is closed due to the Youth Hunt.

9. The legal permit hunting season at Double T State Conservation Area will be every Wednesday, Saturday and Sunday of the Central Zone duck hunting season.

10. The legal hunting season at Marshall State Fish and Wildlife Area – Duck Ranch Unit is every Tuesday, Thursday and Saturday during the Central Zone duck season.

11. At Horseshoe Lake State Fish and Wildlife Area and Union County State Fish and Wildlife Area, during duck season hunters shall not possess more than 25 shot shells. When duck season is closed, hunters shall not possess more than 5 shot shells for every Canada goose allowed in the daily bag limit. During the Conservation Order Light Goose Season hunters may possess 25 shot shells at Horseshoe Lake State Fish and Wildlife Area. At Snakeden Hollow State Fish and Wildlife Area, hunters may not possess more than 5 shot shells for every Canada goose allowed in the daily bag limit.

12. At Horseshoe Lake State Fish and Wildlife Area and Union County State Fish and Wildlife Area hunters may bring up to 3 dozen decoys per party. No full bodied or supermagnum shell decoys are allowed.

13. At Horseshoe Lake State Fish and Wildlife Area hunters cannot take guns from the blind to retrieve wounded waterfowl.

14. Hunters must be at least 16 years of age (except for the Illinois Youth Goose/Duck Hunt) to draw for a pit or blind. Each person under 16 years of age must be accompanied by a supervising adult.

15. At Rice Lake State Fish and Wildlife Area – Walk-in Units, hunting shall be by walk-in or boats without motors only.

16. The legal hunting season for Clinton Lake State Recreation Area – Salt Creek Waterfowl Management Area will be every Tuesday, Thursday and Saturday of the Central Zone regular duck season.

17. The permit dates for Anderson Lake State Fish and Wildlife Area will be every Tuesday, Thursday and Saturday of the waterfowl hunting zone the site is in (Central Zone). Permit holders will have first choice of West Point Walk-in area stakes or unclaimed yearly allocation blinds that would otherwise go in the daily drawing. All site specific regulations apply.

18. The legal hunting season for Larry D. Closson State Habitat Area will be every Sunday in October and November and every Saturday in December and January of the regular Illinois duck hunting season in the waterfowl hunting zone in which the site is located.

19. The legal hunting season for Kidd Lake State Natural Area – units west of the railroad tracks only will be every Tuesday, Thursday and Saturday of the regular Illinois duck hunting season in the waterfowl hunting zone in which the site is located.

20. The legal hunting season for Embarras River Bottoms State Habitat Area will be Tuesday, Thursday and Saturday of the regular Illinois duck hunting season (except for the youth waterfowl season) in the Waterfowl Hunting Zone in which the site is located. There will be no waterfowl hunting during shotgun deer and deer muzzleloader seasons.

21. The legal hunting season for Black Crown Marsh State Natural Area (marsh hunting area) will be Tuesday, Thursday, Saturday and Sunday of the regular Illinois duck hunting season in the waterfowl hunting zone where the site is located. The legal hunting season for the Black Crown Marsh State Natural Area (land hunting area) will be Tuesday, Thursday, Saturday and Sunday of the regular Illinois duck and goose hunting seasons in the waterfowl hunting zone where the site is located. Walk-in hunting only. Hunters may construct temporary blinds that must be removed at the end of each day's hunt. Hunting hours are from legal opening until 1:00 p.m. Hunters must be off the site by 2:00 p.m. Sign-in/sign-out and report harvest at parking area kiosk.

22. The legal hunting season for Big Bend State Fish and Wildlife Area will be Tuesday, Thursday and Saturday of the regular Illinois duck hunting season in the waterfowl zone where the site is located. Walk-in hunting only. Hunters may construct temporary blinds that must be removed at the end of each day's hunt. Hunting hours are from legal opening until 1:00 p.m. Hunters must be off the waterfowl hunting site by 2:00 p.m. Sign-in, sign-out and reporting of harvest required.

History

• Source: Amended at 49 Ill. Reg. 11683, effective September 2, 2025

17 Ill. Adm. Code 590.25 Illinois Youth Waterfowl Hunting Permit Requirements (Repealed)

History

• Source: Repealed at 25 Ill. Reg. 14131, effective October 22, 2001

17 Ill. Adm. Code 590.26 Illinois Youth Duck Hunting Permit Requirements (Repealed)

History

• Source: Repealed at 19 Ill. Reg. 13209, effective September 11, 1995

17 Ill. Adm. Code 590.30 Duck, Goose and Coot General Hunting Regulations on all Department-Owned and -Managed Sites (Repealed)

History

• Source: Repealed at 19 Ill. Reg. 13209, effective September 11, 1995

Chapter I Department of Natural Resources

Subchapter b Fish and Wildlife

Part 590 Duck, Goose and Coot Hunting

17 Ill. Adm. Code 590.40 Check Station Department Sites Only – Duck, Goose and Coot Hunting

a) The sites listed in this Section conform to Statewide Regulations (Section 590.10) and General Department Regulations (Section 590.15), except as noted in parentheses and in the remainder of this Section. Daily hunting hours close at 1:00 p.m. unless otherwise indicated in parentheses below.

1. Anderson Lake State Fish and Wildlife Area – All Management Units (the use of any metal, with the exception of fasteners less than 12 inches in length, carpet, felt paper, plastic snow fence or any mesh material will be prohibited in the construction of waterfowl blinds)

2. Batchtown State Wildlife Management Area(3:30 p.m. closing) (except the last 3 days of duck season and the last 3 days of regular Canada goose season shall close at sunset; 3 year blind allocation period; all interior lakes and sloughs located on Turner Island will be noted as walk-in or boats without motors only; no permanent blinds are allowed; hunting parties shall not hunt over fewer than 12 decoys or more than 24 decoys in the walk-in area; decoys must be picked up daily; no vehicles are allowed in the walk-in area; walk-in shooting hours end at 12:00 p.m. CST daily)

3. Calhoun Point State Wildlife Management Area (3:30 p.m. closing) (except the last 3 days of duck season and the last 3 days of regular Canada goose season shall close at sunset; 3 year blind allocation period)

4. The Glades State Wildlife Management Area (3:30 p.m. closing) (except the last 3 days of duck season and the last 3 days of regular Canada goose season shall close at sunset; 3 year blind allocation period; all interior lakes and sloughs located on 12 Mile Island will be noted as walk-in; only boats without motors are allowed in the management area; no permanent blinds are allowed; hunting parties shall not hunt over fewer than 12 decoys or more than 24 decoys; decoys must be picked up daily; no vehicles are allowed in the walk-in area; walk-in shooting hours end at 12:00 p.m. daily)

5. Godar-Diamond State Wildlife Management Area (3:30 p.m. closing) (except the last 3 days of duck season and the last 3 days of regular Canada goose season shall close at sunset; 3 year blind allocation period)

6. Horseshoe Lake State Park – Madison County (3:30 p.m. closing) (except the last 3 days of duck season and the last 3 days of regular Canada goose season shall close at sunset; 3 year blind allocation)

7. Lake DePue State Fish and Wildlife Area and Lake DePue Walk-in Unit (aka 3I)

8. Marshall State Fish and Wildlife Area (the use of any metal, with the exception of fasteners less than 12 inches in length, carpet and plastic snow fence or mesh will be prohibited in the construction of waterfowl blinds; previous year's blind builders shall have until February 1 to salvage blind materials; hunting hours for early and late goose seasons will end at sunset)

9. Mazonia State Fish and Wildlife Area (previous years blind builders shall have until February 1 to salvage blind materials; goose hunting prohibited before and after duck season; closed Mondays and Tuesdays)

10. Rice Lake State Fish and Wildlife Area (the use of any metal, with the exception of fasteners less than 12 inches in length, carpet, felt paper, plastic snow fence or any mesh material will be prohibited in the construction of waterfowl blinds; previous year's blind builders have until May 1 to remove their blinds)

11. Sanganois State Fish and Wildlife Area (check station and walk-in areas, hunters are not required to hunt from a blind site during goose seasons held after the duck season)

12. Spring Lake State Fish and Wildlife Area (the use of any metal, with the exception of fasteners less than 12 inches in length, carpet, felt paper, plastic snow fence or any mesh material will be prohibited in the construction of waterfowl blinds; waterfowl hunters will have the option to either construct a platform blind (4' x 8' with boat hide) or a boat hide blind no less than 7.5' x 18' in dimension and fully enclosed on all four sides, must include four shooting holes or ports and brushed (doors capable of being closed are permitted for boat access); hunters choosing to construct a boat type of blind will not be required to construct a dog hide; blind numbers 2, 5, 6, 7, 8, 9, 10, 11, 12 and 14 must be removed in their entirety by May 1, but may be removed beginning November 21; blinds 1, 3, 4, 13, 15, 16, 17, 18, 19 and 20 must be removed in their entirety by the previous year's blind builder no later than 7 days after the next allocation period; hunting from boat blinds is permitted within 10 feet from any numbered stake if the blind has not been constructed, or beginning November 21, at locations where the blind has been dismantled; goose hunting prohibited prior to the regular duck season)

13. Stump Lake State Wildlife Management Area (3:30 p.m. closing) (except the last 3 days of duck season and the last 3 days of regular Canada goose season shall close at sunset; 3 year blind allocation period)

14. Woodford State Fish and Wildlife Area (the use of any metal, with the exception of fasteners less than 12 inches in length, carpet and plastic snow fence or mesh will be prohibited in the construction of waterfowl blinds; previous year's blind builders shall have until February 1 to salvage blind materials; hunting hours for early and late goose seasons will end at sunset; hunting at the Woodford State Fish and Wildlife Area – Forest Wetland Unit will take place every Wednesday and Saturday during the Central Zone duck hunting season; 2 blinds may be available by a drawing held at the site office 60 minutes prior to shooting hours (1½ hours before sunrise); hunters with disabilities classified under 15 ILCS 335/4A as P2a disabilities, as demonstrated by an Illinois Person with a Disability Identification Card, will draw for blinds first; blinds not claimed by hunters with disabilities may be drawn by other hunters). If no drawing occurs, then modifications will be posted at the site and 17 Ill. Adm. Code 510.10(d)(3) shall apply.

15. William Powers State Recreation Area (all waterfowl hunting prohibited before youth waterfowl season; closed Mondays and Tuesdays; blinds must be removed in their entirety by May 1; all non-blind builders will be assigned blinds on a first-come, first-served basis)

b) The following regulations apply to all sites listed in this Section under subsection (a):

1. All hunters must report to the check station to fill out information cards, show hunting licenses or valid photo identification (example: Firearm Owner's Identification Card, driver's license, etc.) and receive all required materials before proceeding to blinds. Beginning the day after duck season ends, when the check station is not operating, unclaimed blinds shall be allocated on a first come-first served basis, as per Section 590.50(b)(1), (2) and (3). Goose hunters must sign in prior to hunting and sign out and report their harvest at the end of each day's hunt.

2. Registered blind builders or partners desiring to claim their blinds must report to the check station at least one hour before hunting hour each day and occupy that blind for at least one hour. Hunters wishing to move to another blind during their daily hunt must report back to the check station for reassignment.

3. All hunting must be from registered blinds only and hunters must occupy their blinds within one hour after registering at the check station.

4. All hunters must be checked out within one hour of the close of the legal hunting hours. To complete the check out process, all hunters must complete the hunter harvest card/sheet and deposit it in the box provided. At Mississippi River Area Pools 25 and 26, hunters must be checked out within one hour after leaving their blinds.

5. It shall be unlawful to trespass upon the designated duck hunting area during the 7 days prior to the regular duck season as posted at the site. At Mississippi River Area Pools 25 and 26 and Horseshoe Lake State Park (Madison County) it shall be unlawful to trespass upon the designated duck hunting area between sunset of the Sunday immediately preceding opening day of regular duck season through the day before regular duck season as posted at the site.

6. It shall be unlawful to trespass upon areas designated as waterfowl rest areas or refuges from 2 weeks prior to the start of regular duck season through the close of regular duck and Canada goose season, except on areas of Mississippi River Area Pools 25 and 26, Batchtown State Wildlife Management Area, Crull Hollow and Godar Refuge State Wildlife Area, which reopen the day after regular duck season closes.

7. No more than 4 persons shall occupy a blind at one time, except on the statewide Youth Waterfowl Hunting Day, as authorized in Section 590.15(f), 5 persons may occupy a blind at one time only if the party is comprised of 2 youth hunters, their non-hunting parents and one non-hunting guide.

8. Blind sites shall be allocated for a period of one year unless otherwise noted in parentheses under subsection (a).

9. During duck season, blinds not claimed by the builder or partners by one hour before hunting time may be assigned by a drawing at this time and during the hours from 8:00 a.m. to 11:00 a.m., except at Marshall State Fish and Wildlife Area and Woodford State Fish and Wildlife Area, any blinds left unclaimed after completion of the daily drawing will be assigned on a first come-first served basis up to 30 minutes after the drawing and from 8:00 a.m. to 11:00 a.m. Once 4 hunters have occupied a blind, all original occupants of the blind must check out at the check station before any additional hunters may occupy that blind. Blinds may be reallocated on a first-come, first-served basis or, if multiple parties arrive at the check station at 8:00 a.m., there may be a second drawing, except at Batchtown State Wildlife Management Area, Calhoun Point State Wildlife Management Area, The Glades State Wildlife Management Area, Godar-Diamond State Wildlife Management Area, Horseshoe Lake State Park (Madison County) and Stump Lake State Wildlife Management Area (9:00 a.m.-12:00 p.m.), after which time the area shall be closed to additional hunters. If no drawing occurs pursuant to this paragraph, then modifications will be posted at the site and 17 Ill. Adm. Code 510.10(d)(3) shall apply.

10. Previous year's blind builders shall have until 7 days after the next allocation period drawing to salvage materials from their blinds, except as listed in parentheses under subsection (a). After this date, all materials become the property of the new blind builder or the Department.

11. For those sites listed in this subsection (b) that have 3 year blind allocation periods, re-registration of blind sites during the non-draw years must be accomplished in person during a publicly announced period. Failure to re‑register during the prescribed period will result in the loss of blind site. Registrants must present current year's Illinois hunting license and State waterfowl stamp for each blind builder. Blinds not re-registered will be allocated by a drawing. No waterfowl blind may be removed until after the close of the waterfowl season.

12. Any person who violates any provision of this Part shall be subject to arrest and/or removal from the premises under applicable statutes, including Section 21-5 of the Criminal Code (Criminal Trespass to State Supported Land).

History

• Source: Amended at 48 Ill. Reg. 3899, effective March 1, 2024

17 Ill. Adm. Code 590.50 Non-Check Station Department Sites Only – Duck, Goose and Coot Hunting

a) The following sites conform to Statewide Regulations (Section 590.10) and General Department Regulations (Section 590.15), except as noted in the remainder of this Section. Sites that require use of windshield cards by hunters as specified in 17 Ill. Adm. Code 510.10 are followed by (2).

Anderson Lake State Fish and Wildlife Area − West Point Management Unit (walk-in or boat; staked sites; daily draw)

Chain O'Lakes State Park (for goose seasons prior to duck season, hunting allowed from numbered blind sites only and blinds need not be completed; blinds must be removed in their entirety, including support posts, by April 1; failure to comply will result in the blind builder and partners for that blind losing the privilege of being a blind builder or partner at this site for the following year)

Clear Lake State Wildlife Management Area (one year blind allocation)

Des Plaines River State Conservation Area (goose hunting permitted during special goose season prior to regular waterfowl season; during special goose season hunting allowed from numbered blind sites only and blinds do not have to be completed; previous years blind builders shall have until February 1 to salvage blind materials)

Fuller Lake State Fish and Wildlife Management Area (daily hunting hours close at 3:30 p.m., except the last 3 days of duck season and the last 3 days of regular Canada goose season shall close at sunset; 3 year blind allocation period)

Helmbold Slough State Wildlife Management Area (3 year blind allocation period)

Illinois River – Pool 26 (3 year blind allocation period)

Kankakee River State Park (no boat hide required; no goose hunting permitted prior to duck season; previous years blind builders shall have until February 1 to salvage blind materials; land based waterfowl hunting area only-no hunting allowed until the Department stakes hunting locations; hunters must hunt within 10' of Department stake; no more than 2 hunters per stake; portable blinds only; all hunter items must be removed daily; hunting parties shall not hunt over less than 6 decoys; first-come, first-served; season stays open through the close of the goose season in the zone where the site is located) (2)

Lake Sinnissippi State Fish and Wildlife Area (Department Owned Land; the use of any metal, with the exception of fasteners less than 12 inches in length, will be prohibited in the construction of waterfowl blinds; waterfowl hunters allocated blind numbers 1, 2, 3, 4, 13, 14, 15, 16, 20, 21, 26, 27, 28, 29, 30, 31 or 32 will have the option to either construct a platform blind (4' x 8' with boat hide) or a boat hide blind no less than 7.5' x 18' in dimension fully enclosed on all four sides, must include 4 shooting holes or ports and brushed (doors capable of being closed are permitted for boat access); hunters choosing to construct a boat hide type of blind will not be required to construct a dog hide; blind numbers 1, 2, 3, 4, 13, 14, 15, 16, 20, 21, 26, 27, 28, 29, 30, 31 and 32 must be removed in their entirety no later than 10 days after the close of the Northern Zone waterfowl season, but may be removed beginning November 15; backwater blinds 5, 6, 7, 8, 9, 10, 11, 12, 18, 19, 22, 23, 24 and 25 must be removed in their entirety by the previous years' blind builder by no later than 7 days after the next allocation period; hunting from boat blinds is permitted within 10 feet from any numbered stake if the blind has not been constructed)

Marshall State Conservation Area – Sparland Unit (the use of any metal, with the exception of fasteners less than 12 inches in length, carpet, and plastic snow fence or mesh will be prohibited in the construction of waterfowl blinds; previous year's blind builders shall have until February 1 to salvage blind materials) (2)

Matthiessen State Park (land based waterfowl hunting only; closed during all site firearm deer seasons; no hunting allowed until IDNR stakes hunting locations; hunters must hunt within 10' of IDNR stake; no more than 3 hunters per stake; portable blinds only; hunting parties shall not hunt over less than 12 decoys; all hunter items must be removed daily; first-come, first-served; sign in/out and report of harvest required)

Mazonia State Fish and Wildlife Area (land based waterfowl hunting area; no hunting allowed until the Department stakes hunting locations; hunters must hunt within 10' of Department stake; no more than 4 hunters per stake; portable blinds only; all hunter items must be removed daily; hunting parties shall not hunt over less than 6 decoys; first-come, first-served; must check out in person by 1:00 p.m., season stays open through the close of the goose season in the zone where the site is located) (2)

Meredosia Lake State Fish and Wildlife Area (2 year marked hunting site allocation period) – Rules and Regulations will be publicly announced

Mississippi River Pool 16 (federal lands; no permanent blinds – temporary blinds only above Velie Chute except for Goose Pond, Sunfish Slough, and Milan Bottoms (landward area upriver from River Mile 474); 2 year hunting site allocation period; scull boat hunting for waterfowl is permitted but hunters must not get closer than 200 yards from a marked hunting site or in areas posted as closed to scull hunting; permanent blinds are not required at marked hunting sites (including those in Goose Pond, Sunfish Slough, and Milan Bottoms; temporary or boat blinds are allowed) (Flood rules for marked hunting site areas will be determined from the Rock Island gauge. At 15.0 feet hunters will retain site hunting privileges, and hunting must take place from original marked hunting sites. At 20.0 feet hunting may take place from any location, first-come, first serve, hunting parties must stay 200 yards apart)

Mississippi River Pool 17 (federal lands; scull boat hunting for waterfowl is permitted but hunters must not get closer than 200 yards from a marked hunting site or in areas posted as closed to scull hunting; permanent blinds are not required at marked hunting sites; temporary or boat blinds are allowed; 2 year hunting site allocation period) (Flood rules for marked hunting site areas will be determined from the Muscatine gauge. At 16.0 feet hunters will retain site hunting privileges, and hunting must take place from original marked hunting sites. At 20.0 feet hunting may take place from any location, first-come, first-serve, hunting parties must stay 200 yards apart.)

Mississippi River Pool 18 (federal lands; scull boat hunting for waterfowl is permitted but hunters must not get closer than 200 yards from a marked hunting site or in areas posted as closed to scull hunting; permanent blinds are not required at marked hunting sites; temporary or boat blinds are allowed; 2 year hunting site allocation period) (Flood rules for marked hunting site areas will be determined from the Keithsburg gauge. At 14.0 feet hunters will retain site hunting privileges, and hunting must take place from original marked hunting sites. At 17.0 feet hunting may take place from any location, first-come, first-serve, hunting parties must stay 200 yards apart.)

Mississippi River Pools 21, 22, 24 (federal lands; hunting allowed from a portable blind or anchored boat, in Illinois waters, maintaining > 200 yard intervals at the following locations: Pool 21 – west of Long Island (river mile 332.5-340.5), Pool 22 – entire pool, except river miles 309-314 (north of Shuck Island to north end of Armstrong Island), Pool 24 – west of Denmark Island (river mile 291.0-294.5); permanent blinds not required at marked sites (excluding Quincy Bay); temporary or boat blinds allowed; 2 year blind/hunting site allocation period for registered blinds/hunting sites; floating blinds required at sites identified in the site's Hunter Fact Sheet) (Flood rules for allocation marked hunting site areas (excluding Quincy Bay) will commence at Moderate Flood Stage (Pool 21: Quincy gauge; 22.0 feet, Pool 22; Hannibal gauge; 22.0 feet, Pool 24; Louisiana gauge; 20.0 feet). Hunting may take place from any location, first-come, first-serve, hunting parties must stay 200 yards apart.

Mississippi River Pools 25, 26 (federal lands; 3 year blind allocation period; all interior lakes and sloughs located on Kelly Island will be noted as walk-in or boats without motors only; no permanent blinds are allowed; hunting parties shall not hunt over fewer than 12 decoys or more than 24 decoys in the walk-in area; decoys must be picked up daily; no vehicles are allowed in the walk-in area; walk-in shooting hours end at 12:00 p.m. daily)

Momence Wetlands State Natural Area (hunting allowed from a portable blind or anchored boat blind only; no more than 3 persons per blind site; no hunting during firearm deer seasons)

Pekin Lake State Fish and Wildlife Area (all hunting must be from portable boat blinds within 10 yards of the assigned numbered stake or buoy; no more than 3 persons shall use one blind; exceptions will be announced at the site's annual duck blind drawing) (2)

Piasa Island State Wildlife Management Area (3 year blind allocation period)

Quincy Bay (Mississippi River Pool 21) (during regular duck season hunting hours are legal opening to 1:00 p.m. for blinds 1 through 25)

Red's Landing State Wildlife Management Area (3 year blind allocation period; that portion of Red's Landing that is north of the access road will be noted as a walk-in or boats without motors area only; no permanent blinds; daily hunting hours will close at 12:00 p.m.; hunting parties shall not hunt over less than 12 decoys nor more than 24 decoys)

Redwing Slough/Deer Lake State Natural Area (closed on Mondays, Tuesdays, Thursdays and Fridays except that hunting will be allowed on opening day of duck season; no goose hunting except during duck season; previous years blind builders shall have until February 1 to salvage blind materials; daily hunting hours will close at 1:00 p.m.; hunting from boat blinds is permitted within 10 feet of marked blind sites)

Redwing Slough State Natural Area Land based waterfowl hunting (1 hunting party allowed of no more than 4 hunters; portable blinds only; all hunter items must be removed daily; first-come, first-served; sign in/out and report of harvest required)

Riprap Landing State Wildlife Management Area (3 year blind allocation period; that portion of Riprap Landing that is south of blind 5, known as Rust Land Company, will be noted as a walk-in; boats without motors in area only; no permanent blinds; hunting parties shall not hunt over less than 12 decoys or more than 24 decoys; decoys must be picked up daily; no vehicles allowed; walk-in area shooting hours end at 12:00 p.m. daily)

Shabbona Lake State Recreation Area (hunting will be allowed between November 1 and December 31 but only when the North Zone duck and/or Canada goose seasons are open; permanent, pre-constructed blinds will be awarded for either November or December; boat and dog hides are not required; persons awarded blinds at the drawing, or their partners, must claim their blinds one hour before legal shooting hours; hunting hours will end at 1:00 p.m. daily)

b) The following regulations apply to all sites listed in this Section under subsection (a).

1. Blind builders or partners must occupy their blinds by one-half hour before opening hunting hour each day in order to claim their blind for the day. Blinds not legally occupied may be claimed on a first come-first served basis.

2. Attempts to claim blinds by any manner other than actual occupation shall be considered in violation of this Part and shall be cause for arrest. The insertion of a boat into the boat hide and/or the spreading of decoys before a blind shall not be considered legal occupation of a blind.

3. All hunting must be from registered blinds only unless otherwise noted in parentheses under subsection (a).

4. Blind sites shall be allocated for a period of one year unless otherwise noted in parentheses under subsection (a).

5. Previous year's blind builders shall have until 7 days after the next allocation period drawing to salvage materials from their blinds, except as listed in parentheses under subsection (a). After that date, blinds become the property of the new blind builders.

6. No more than 4 persons shall occupy a blind at one time, except on Mississippi River Pools 16, 17, 18, 21, 22 and 24.

7. For those sites listed in subsection (a) that have 3 year blind allocation periods, re-registration of blind sites during the non-draw years must be accomplished in person during a publicly announced period. Failure to re‑register during the prescribed period will result in the loss of blind site. Registrants must present current year's Illinois hunting license and State waterfowl stamp for each blind builder. Blinds not re-registered will be allocated by a drawing. No waterfowl blind may be removed until after the close of the waterfowl season.

8. It shall be unlawful to trespass upon areas designated as waterfowl rest areas or refuges 2 weeks prior to the start of regular duck season through the close of regular duck and Canada goose season as posted at the site.

9. It shall be unlawful to trespass upon the designated waterfowl hunting area during the 7 days prior to the waterfowl season as posted at the site. At Mississippi River Area Pools 25 and 26 it shall be unlawful to trespass upon the designated waterfowl hunting area between sunset of the Sunday immediately preceding the opening date of regular duck season through the day before regular duck season as posted at the site.

10. Any person who violates any provision of this Part shall be subject to arrest and/or removal from the premises under applicable statutes, including Section 21-5 of the Criminal Code (Criminal Trespass to State Supported Land).

c) Blind winners on the following sites will be provided forms for the purpose of maintaining waterfowl harvest records. The forms must be completed and returned within 15 days after the close of the site's waterfowl season or the blind builder and partners for that blind shall not be allowed to be a blind builder or partner at these sites for the following year.

Chain O'Lakes State Park

Clear Lake State Wildlife Management Area

Des Plaines State Conservation Area

Kankakee River State Park

Redwing Slough/Deer Lake State Natural Area

Starved Rock State Park

Illinois River Area: The use of any metal, with the exception of fasteners less than 12 inches in length, is prohibited in the construction of waterfowl blinds. Blind removal may begin November 15; thereafter, a boat blind is permitted within 10 feet of the stake site. All blinds must be removed in their entirety no later than 10 days after the close of the Central Zone duck season. Blind builders and their partners who fail to remove the blind in its entirety will not be allowed to be a builder or partner the following year.

Land based waterfowl hunting: closed during all site firearm deer seasons; no hunting allowed until IDNR stakes hunting locations; hunters must hunt within 10 feet of the IDNR stake; no more than 3 hunters per stake; portable blinds only; hunting parties shall not hunt over fewer than 12 decoys; all hunter items must be removed daily; first-come, first-served; sign in/out and report of harvest required

d) Violation of this Section is a petty offense (see 520 ILCS 5/2.20).

History

• Source: Amended at 49 Ill. Reg. 11683, effective September 2, 2025

17 Ill. Adm. Code 590.60 Various Other Department Sites – Duck, Goose and Coot Hunting

The sites listed in this Section conform to Statewide Regulations (Section 590.10) and the following regulations, except as noted.

a) Regulations

1. Hunting hours are from legal opening to 1:00 p.m., except hunting shall be permitted until sunset on those sites indicated by (1) following the location in subsection (b). Sites that require use of windshield cards by hunters as specified in 17 Ill. Adm. Code 510.10 are followed by (2).

2. No permanent blinds allowed, except for Department constructed blinds; all blinds must be of a portable nature and constructed with natural vegetation at the blind site and no pits can be dug. All materials must be removed or dismantled at the end on the day's hunt.

3. Portable boat blinds must have been completed, including final brushing, before entering the water and must be removed at the end of the day's hunt.

4. Waterfowl hunters must maintain a distance of 200 yards between hunting parties, except for Department constructed blinds or staked locations.

5. No hunting is permitted within 200 yards of developed recreation areas, public use facilities, and construction or industrial sites.

6. No check station is operated nor is any check in/check out required, except as indicated in the remainder of this Section.

7. It shall be unlawful to trespass upon areas designated as waterfowl rest areas or refuges from 2 weeks prior to the start of regular duck season through the close of regular duck and Canada goose season except as indicated in the remainder of this Section.

8. It shall be unlawful to trespass upon the designated waterfowl hunting area during the 7 days prior to the regular duck season unless otherwise posted at the site.

b) Site Specific Regulations

1. Apple River Canyon State Park – Salem and Thompson Units – Land based waterfowl hunting only; all hunter items must be removed daily; hunting parties shall not hunt over less than 6 decoys; season open through the close of the goose season in the zone where the site is located. Hunting in grain crop fields can only be done after crops are harvested; hunting in forage crops (hay, alfalfa) can be done at any time. (1) (2)

2. Boston Bay (Mississippi River Pool 18)

No permanent blinds may be built; temporary blinds only; 200 yards apart.

3. Burning Star State Fish and Wildlife Area (no one may enter the site before 4:00 a.m. Hunters must park at the stake's designated parking location.

A) Hunting from staked sites only.

B) Island Lake waterfowl rest area closed November 1 – February 28.

C) No fishing allowed in the waterfowl hunting areas during the waterfowl hunting season.

4. Cache River State Natural Area (hunters must sign in prior to hunting and sign out and report their harvest at the end of each day) (1)

5. Campbell Pond State Wildlife Management Area (2)

6. Cape Bend State Fish and Wildlife Area (1)

7. Carlyle Lake Project Lands and Waters

A) No one may enter the subimpoundment area (except for parking areas) to hunt waterfowl before 4:30 a.m. each day of the waterfowl hunting season, or remain in the area after 3:00 p.m. each day of the waterfowl hunting season, except during the last 3 days of the Canada goose season and during any goose seasons that occur before or after Canada goose season, hunters must be out of the area by one hour after sunset and not return until 4:30 a.m.

B) The waters of Carlyle Lake are defined as the lake and that portion of the Kaskaskia River, North Fork, East Fork, Peppenhorst Branch and Allen Branch and Hurricane Creek that are within the boundaries of the Carlyle Lake property.

C) Walk-in hunting shall be permitted in subimpoundment areas. Boats with no motors are allowed in the subimpoundments. Department personnel will designate boat launching locations.

D) When the water level in the subimpoundment area is too high (due to flooding) to allow walk-in hunting, Department personnel shall post that the area is open to boats with motors (no airboats) operating at no wake speed and will designate boat launching locations.

E) Known eagle protection areas will be posted by the Site Superintendent and will be closed to waterfowl hunting.

F) Each hunting party is required to hunt over a minimum of 6 decoys. Decoys shall not be left out unattended or after 3:00 p.m. each day of the waterfowl season, except during the last 3 days of the Canada goose season and during any goose seasons that occur after Canada goose season, decoys shall not be left out unattended or later than one hour after sunset.

G) All waterfowl hunters must register prior to hunting each day of the waterfowl hunting season at the nearest accessible registration box. All hunters must sign out and record their harvest daily before they exit the area.

H) The Army Corps of Engineers may build blinds on Corps managed lands and waters for management purposes only.

I) During the last 3 days of Canada goose season, hunting hours shall close at sunset daily.

J) Waterfowl hunters may not possess more than 25 non-toxic rounds of ammunitions while hunting within the subimpoundment areas during regular duck and goose seasons.

8. Cave-In-Rock State Park – Kaegi Tract (2)

9. Chauncey Marsh State Natural Area (2)

10. Clinton Lake State Recreation Area (1) (2)

A) Except as described in subsections (b)(10)(C) and (E), hunting is allowed only from anchored portable blinds, except that no waterfowl hunting is permitted in the area extending from a line between the west side boat ramp and the southern-most point of the central peninsula to the Davenport Bridge.

B) Waterfowl hunting is also permitted from the shore in designated walk-in hunting areas on a first-come, first-served basis. Walk-in or boat hunting only. No more than 4 hunters per party are permitted.

C) Hunting from permanent land-based blinds is permitted only from Disabled Hunting Program and Salt Creek Waterfowl Management Area blinds. In all Boat Access Only Sites, boat hunters may access land to hunt that is open to upland game and/or forest game (including archery hunting area) hunting. Hunters may use a boat to access these areas; no walk-in hunting at these sites. All blind rules in subsection (b)(10)(C) apply.

D) Each party must hunt over a minimum of 6 decoys. Decoys must be removed from the sites following each day's hunt. Decoys must not be left unattended.

E) Except for the Handicap Hunting Program facilities and Salt Creek Waterfowl Management Area, blinds must be portable or built from material brought in or available at the blind site. Blinds must be dismantled and removed at the end of each day's hunt. No trees or bushes may be cut.

F) There will be no hunting within 200 yards of developed areas or construction zones and 300 yards of electrical power lines.

G) Hunting within the Salt Creek Waterfowl Management Area will, on designated days, be available only through a drawing conducted by the Springfield Permit Office. Procedures for applying for a permit at the site will be publicly announced.

11. Coffeen Lake State Fish and Wildlife Area

A) Hunters must sign in prior to hunting and sign out, reporting harvest at the end of each day.

B) Hunting from staked sites only.

C) No permanent blinds.

D) Hunting by boat access only.

E) No cutting vegetation on site.

F) Hunting hours from legal opening to 1 p.m. No fishing or boating allowed in waterfowl hunting areas during waterfowl season.

G) Four hunters per blind site.

H) No hunting during firearm deer seasons.

I) All hunters must be checked out at sign in box by 2:00 p.m.

12. Copperhead Hollow State Wildlife Area (1) (2)

13. Cypress Pond State Natural Area (1)

Hunters must sign in prior to hunting and sign out reporting harvest at the end of each day.

14. Deer Pond State Natural Area (1)

Hunters must sign in prior to hunting and sign out reporting harvest at end of each day.

15. Devil's Island State Fish and Wildlife Area (1)

16. Dog Island State Wildlife Management Area (2)

17. Donnelley State Wildlife Area

A) Hunting is prohibited on Tuesdays and Wednesdays except open on opening day and on the first Sunday immediately preceding the first firearm deer season as set forth in 17 Ill. Adm. Code 650.10 except as indicated in Section 590.25.

B) Goose hunting is prohibited after the close of the duck season.

C) All hunting shall be from designated blinds only. Refilling or changing blinds is not permitted.

D) All hunters must report to the check station to fill out an information card and turn in hunting licenses or valid photo identification (example: Firearm Owner's Identification Card, driver's license) before proceeding to blinds.

E) A hunter may bring one or 2 hunting partners under the age of 21.

F) $10 daily usage stamp must be purchased to hunt this area. Non‑hunting partners between 16 and 20 years of age must pay daily usage stamp fee. Non-hunting partners under 16 are not required to purchase a daily usage stamp.

G) No outboard motors are allowed by public – only by authorized DNR personnel.

H) No more than 3 persons shall occupy a blind at any one time.

I) All parties are required to report to check station within one hour after termination of hunt or no later than 2:00 p.m.

J) All parties must hunt over a minimum of 6 decoys and a maximum of 48 decoys can be used, which must be removed upon the termination of the hunt.

K) The first weekend and the third Saturday of the regular duck season shall be designated as youth hunt days. This shall consist of youth or youths 15 and under plus one adult per blind. There shall be no charge for the youth on these days. Those blinds not allocated to youths shall be available to adults on those days.

L) One blind shall be made available by priority claim to "disabled" persons (as defined in Section 2.33 of the Wildlife Code).

18. Dug Hill State Fish and Wildlife Area (hunters must sign in prior to hunting and sign out before leaving the site)

19. Eagle Creek State Park (land hunting only allowed along the shoreline of Lake Shelbyville) (1)

20. Eldon Hazlet State Park

A) Three designated blind sites are available on a first-come, first-served basis. Walk-in hunting only is permitted with a maximum of 4 hunters per site. All hunting must be from one blind site located between identically numbered stakes.

B) Hunters must sign in prior to hunting and sign out and report their harvest at the end of each day. All hunters must be checked out by 2:00 p.m. daily, except the last 3 days of the Canada goose season, and during any goose seasons that may occur after the Canada goose season, hunters must be checked out by one hour after sunset.

C) Decoys shall not be left out unattended.

D) When the lake floods this area and designated blind sites are not usable for walk-in hunting, the Department, by public announcement and/or posting, will open the affected area to hunting from boats per Carlyle Lake Project Lands and Waters’ rules.

21. Fort de Chartres State Historic Site (1)

A) Hunting is allowed from anchored, portable boat blinds only on a first come-first served basis.

B) Each hunting party is required to hunt over a minimum of 6 decoys which must be removed at the end of each hunting day.

C) No hunting is allowed during firearm deer season.

22. Fort Massac State Park (Kerr Farm Unit Only) (1) (2)

23. Fox Ridge State Park (1) (2)

Hunting restricted to Embarras River and its flood waters.

24. Fox River (1)

A) Waterfowl hunting is prohibited on that portion of the Fox River running from the Kendall-Kane County line downstream to a line extending from the intersection of Route 71 and Douglas Street in Oswego, across the Fox River to the intersection of Hickory Lane and Riverview Drive.

B) Waterfowl hunting shall be from Department designated sites only on that portion of the Fox River downstream from the line extending from the intersection of Route 71 and Douglas Street in Oswego, across the Fox River to the intersection of Hickory Lane and Riverview Drive downstream to the Fox River Drive Bridge. Hunting at the designated sites will be on a first-come, first-served basis. Statewide regulations shall be in effect with no other Sections of this Part being applicable.

25. Fox River – Chain of Lakes (Lake and McHenry Counties) (1)

Waterfowl blind regulations of the Fox Waterway Agency are in full force and effect on those public waters under their jurisdiction. Failure to comply with such regulations constitutes a violation of this Section.

26. Freeman Mine State Habitat Area

Hunting regulations will be publicly announced.

27. Hackmatack State Natural Area (hunting allowed on Monday, Wednesday, Friday and Saturday only; 1 hunting party allowed of no more than 4 hunters; portable blinds only; all hunter items must be removed daily; first-come, first-served; sign in/out and report of harvest required) (1)

28. Heidecke State Fish and Wildlife Area, Braidwood State Fish and Wildlife Area and Powerton Lake State Fish and Wildlife Area

A) Blind sites may be allocated on a daily draw basis conducted at the check stations 60 minutes before hunting time. Hunters shall register as parties for the drawing; each party drawn shall be allowed to select blind site in order drawn; only those hunters registered in party shall be allowed to hunt with their party; no more than 3 hunters per party; persons under the age of 16 shall not be allowed to hunt unless accompanied by an adult. If no drawing occurs, then modifications will be posted at the site and 17 Ill. Adm. Code 510.10(d)(3) shall apply.

B) Blind sites not selected during the drawing shall be allocated on a first-come, first-served basis. Vacant blind sites shall not be allocated after the drawing until one hour after legal hunting time. No blind sites shall be allocated after 10:00 a.m. Hunters wishing to move to another blind site must report this move to the check station attendant in person before such a move.

C) Access to water blind sites must be by boat only and from designated boat launch sites.

D) All hunting must be from portable boat blinds, within 10 yards of the assigned numbered stake or buoy. No more than 3 persons shall use one blind.

E) Upon vacating blind sites, all hunters must report to the check station within one hour. At this time, waterfowl bagged must be checked in and displayed to the station operator and hunting licenses returned.

F) Each hunting party is required to hunt over a minimum of 6 decoys. Decoys must be picked up immediately after the hunt is over.

G) Heidecke Lake and Braidwood Lake shall be closed to all fishing and boat traffic except for legal waterfowl hunters from 10 days prior to regular duck season until the close of the regular duck and Canada goose season. Powerton Lake shall be closed to boat traffic from 7 days prior to opening of regular duck season until February 15, except for legal waterfowl hunters, and closed to all unauthorized entry during the regular duck season.

H) No hunting on Monday and Tuesday at Heidecke and Braidwood Lakes. No hunting at Powerton Lake on Monday through Thursday except hunting permitted on State holidays.

I) It is unlawful to hunt waterfowl on the water area in any watercraft less than 16 feet long and 60 inches in beam and without a gas-powered motor.

J) No guns may be carried from water blinds to retrieve waterfowl that fall on land.

K) Hunting is closed on Christmas Day and New Year's Day.

L) All water areas not posted with blind site numbers shall be refuge and are closed to all boat traffic except by authorized personnel.

M) It is unlawful to shoot across any dike.

N) Waterfowl hunting shall close with the conclusion of the duck season at Powerton Lake. At Heidecke and Braidwood Lakes, waterfowl hunting closes at the end of duck or goose season, whichever is later. No goose hunting is allowed prior to duck season.

29. Henderson Creek State Fish and Wildlife Area (2)

30. Hidden Springs State Forest (hunting restricted to Richland Creek and its floodwaters) (1) (2)

31. Horseshoe Lake State Fish and Wildlife Area (Alexander County) Public Hunting Area

A) Closed to waterfowl hunting on Mondays and Tuesdays.

B) When duck season is closed, goose hunters may not possess more than 5 shot shells for every Canada goose allowed in the daily bag limit.

32. Horseshoe Lake Refuge

No hunting allowed, no boat motors except trolling motors will be allowed on Horseshoe Lake from October 15 to March 1.

33. Horseshoe Lake State Park (Madison County) – Gabaret, Mosenthein, Chouteau Island Unit Site permit required.

34. Jim Edgar Panther Creek State Fish and Wildlife Area

A) Waterfowl hunting within agricultural fields in the Controlled Hunting Unit allowed on Mondays and Tuesdays beginning the opening day of the controlled pheasant hunting season until the close of the statewide waterfowl season.

B) Waterfowl hunting on Prairie Lake will be allowed on Wednesdays and Saturdays beginning the opening day of the controlled pheasant hunting season until the close of the controlled pheasant hunting season. Hunting hours on Prairie Lake will be legal opening shooting hours for Jim Edgar Panther Creek’s respective Illinois waterfowl zone to 12:00 p.m.

C) Staked hunting sites may be allocated on a daily draw basis conducted at 5:00 a.m. at the site office. Hunters shall register as parties for the drawing; each party drawn shall be allowed to select a hunt stake in order drawn; only those hunters registered in the party shall be allowed to hunt with the party; no more than 4 hunters per party; persons under the age of 16 shall not be allowed to hunt unless accompanied by an adult. If no drawing occurs, the modifications will be posted at the site and 17 Ill. Adm. Code 510.10(d)(3) shall apply.

D) Access to water hunt stakes must be by boat only and from designated boat launch sites.

E) Upon vacating hunt stakes, all hunters must report to the site office within one hour to sign out and report harvest.

F) Each hunting party is required to hunt over a minimum of 6 decoys. Decoys must be picked up immediately after the hunt is over.

G) Hunting shall take place from boats anchored within 10 yards of Department assigned hunt stakes only. Hunters must occupy hunt stakes within one hour after registering at the check station. No guns may be carried from hunt stakes to retrieve waterfowl that fall on land.

H) Hunting is closed Christmas Day (December 25).

I) Hunting parties may move to unoccupied hunting stakes after 10:00 a.m. Hunting location moves need to be recorded when hunters check out after the hunt.

J) When it is deemed necessary, the Department shall remove, move or close hunt stakes in order to carry out the operations of the overall management program.

35. Kaskaskia River State Fish and Wildlife Area (1)

The last 3 days of both the duck season and the regular Canada goose season.

A) No waterfowl hunters may remain in the area after 3:00 p.m. During the second firearm deer season, no waterfowl hunters may remain in the area after 12:00 p.m. For those lands lying south of Illinois Route 154 and north of Illinois Route 13, the legal hunting hours shall be from statewide opening hour until statewide closing hour.

B) All waterfowl hunting parties must use at least 6 decoys. Hunting is allowed on a first-come, first-served basis.

C) It is unlawful to leave duck and goose decoys unattended. Decoys must be picked up at the end of each day's hunt.

D) All waterfowl hunters must register prior to hunting each day of the waterfowl season at the nearest check station, and must sign out and record their harvest daily before they exit the area.

E) The following regulations apply to the Doza Creek Waterfowl Management Area:

i) No waterfowl hunters may enter the area before 4:30 a.m. each day of the waterfowl hunting season. No waterfowl hunters may remain in the area after 3:00 p.m.

ii) Only waterfowl, coot, archery deer and fall archery turkey hunting (as provided by 17 Ill. Adm. Code 670 and 720) allowed in this area during the duck hunting season.

iii) For the first 4 days of the duck season, all waterfowl hunting must occur within 10 yards of an assigned, numbered stake. Staked hunting locations may be allocated on a daily draw basis at the Highway 154 Boat Ramp at 4:00 a.m. Hunters shall register as parties for the drawing; each party drawn shall be allowed to select a staked location in order drawn; only those hunters registered in a party shall be allowed to hunt with their party; no less than 2 hunters and no more than 4 hunters per party; moving from staked location to staked location is not allowed. Staked locations not allocated during the drawing will not be hunted that day. Starting on day 5 and for the remainder of the waterfowl season, hunting is allowed on a first-come, first-served basis and hunting need not occur by a stake. Waterfowl hunters must maintain a distance of 200 yards between hunting parties. If no drawing occurs pursuant to this subsection, then modifications will be posted at the site and 17 Ill. Adm. Code 510.10(d)(3) shall apply.

iv) Electric trolling motors only may be used. All other motors must be removed or made inoperable.

F) Disabled accessible waterfowl hunting blind (Dry Lake Access Area)

i) Application for hunting dates should be received at the site office September 1-10 and will be allocated on a first request basis or via a drawing, if needed.

ii) Three hunters are allowed in the blind. At least one hunter must have a P-2 disabled certification.

iii) Hunters must sign in/out and report harvest at check station after hunting.

36. Kickapoo State Recreation Area (2)

A) Hunting permitted only within 10 yards of staked sites.

B) Hunters must hunt in parties of no more than 4 hunters per party.

C) Hunters must sign in, sign out, and report harvest.

D) Hunting hours are from legal opening to 1:00 p.m. during regular Illinois duck hunting season and statewide hours from the day after duck season closes until Canada goose season closes in the waterfowl hunting zone in which the site is located.

37. Kidd Lake State Natural Area (west of railroad tracks only)

A) Hunters must park in designated parking lots.

B) Hunting permitted within 50 yards of staked sites only.

38. Kinkaid Lake State Fish and Wildlife Area (1)

39. Lake Calumet and entrance channel to Calumet River (1)

40. Lake Michigan (1)

41. Mermet Lake State Fish and Wildlife Area

A) Hunting hours are from legal opening until 1:00 p.m. each day, except the last 3 days of duck season, when hunting shall be allowed until sunset.

B) Manned check station will be closed Christmas Day and every Sunday and Monday during regular duck hunting season. Walk-in hunting will be allowed on Sundays and Mondays.

C) Blind/pool sites may be allocated on a daily drawing basis at the manned waterfowl check station 90 minutes before legal hunting time (except Sunday and Monday when the manned check station is closed). One additional drawing will be held at the manned check station at 9 a.m. for any unoccupied waterfowl blinds/pools. If no drawing occurs pursuant to this paragraph, then modifications will be posted at the site and 17 Ill. Adm. Code 510.10(d)(3) shall apply.

D) Hunters shall register as a party/group of up to 4 hunters for the drawing (except on the statewide youth waterfowl hunting day, as authorized in 17 Ill. Adm. Code 685.110(c) when 5 people may occupy a blind/pool at one time if the party includes 2 youth hunters); each party/group drawn shall be allowed to select a blind/pool in the order drawn; only those hunters registered in that party/group shall be allowed to hunt with the party.

E) Upon allocation of blinds/pools, all hunting parties/hunters must accept and hunt the blind/pool chosen, or reject the allocation of the blind/pool immediately. All those rejecting the allocation of a blind/pool shall be ineligible to hunt within the blind/pool area for the remainder of that day. Individual hunters, or hunting parties, can only be allocated one blind/pool per day.

F) Hunters must occupy their blinds/hunting area within one hour after registering at the manned check station.

G) Waterfowl hunters must have their waterfowl hunting tag filled out with the date and blind/stake number or hunting location. The card must be in possession of the hunter while hunting. All waterfowl harvested must be reported on the waterfowl hunting tag and returned daily to the drop box at the hunter check station no later than 2:00 p.m.

H) All hunters must park in designated areas only. All areas are marked with corresponding numbers or area designations. Only one vehicle per hunting party will be allowed, unless approval is granted by check station operator.

I) Within the blind/pool area, a minimum of 6 decoys per hunting party are required while hunting waterfowl. No decoys are required within the walk-in areas. All decoys must be removed from the area at the end of the day's hunt.

J) A 25 shotgun shell limit per hunter, per day, applies on this area. It is unlawful for a hunter to have in his or her possession more than 25 shotgun shells while on the site.

K) Hunting must be from allocated blind (or within 10 yards of blind) or pool location. Hunters may hunt other designated waterfowl hunting areas that do not have blinds or pools; however, they must maintain a minimum distance of 200 yards from the nearest blind/pool or other hunting parties.

L) Attempts to claim a blind/pool by any manner other than actual occupation shall be considered in violation of this Part. Insertion of a boat into a boat hide and/or the spread of decoys before a blind/pool shall not be considered legal occupation of a blind/pool.

M) Due to safety factors, persons under 16 years of age shall not hunt, or attempt to hunt, unless accompanied by a parent, legal guardian, or person designated by the parent or guardian who is 18 years of age or older.

N) Claiming or attempting to claim any blind/pool that is legally occupied and/or harassing, in any manner, the occupants of a blind/pool that is legally occupied is unlawful.

O) Boats without motors may be used within the walk-in areas.

42. Middle Fork State Fish and Wildlife Area (2)

A) Hunting is restricted to the Vermilion River and its flood waters.

B) Hunters must hunt in parties of no more than 4 hunters per party.

C) Hunters must sign in, sign out, and report harvest.

D) Hunting hours are from legal opening to 1:00 p.m. during regular Illinois duck hunting season and statewide hours from the day after the duck season closes until the Canada goose season closes in the waterfowl hunting zone in which the site is located.

43. Newton Lake State Fish and Wildlife Area

A) Blind sites may be allocated by a daily drawing to be conducted at 4:30 a.m. Blind sites not selected during the drawing (or in the event that personnel are not available to conduct drawing) shall be allocated on a first-come, first-served basis until one hour before shooting time; and then after 9:00 a.m. All hunters must register before entering the hunting area. Hunting hours end at 1:00 p.m.; all hunters must be off the water or out of the field by 2:30 p.m. daily.

B) Upon vacating their blinds, all hunters must place their completed harvest cards in the collection box located at the boat ramp or site headquarters.

C) There will be duly posted waterfowl refuges.

D) No more than 4 persons shall occupy a blind at one time.

E) The west arm of the lake shall be closed to all waterfowl hunting.

F) Blind sites shall be determined by the Department and marked with numbered stakes. When it is deemed necessary, the Department shall remove, move or close blind sites in order to carry out the operations of the overall management program.

G) Hunters wishing to move to another vacant blind location may do so on a first-come, first-served basis, providing they include the blind change on the harvest card and report their kill for each blind. If hunters do not occupy the stake they have drawn by legal shooting time, they forfeit the right to the staked hunting location.

H) Access to water blind sites shall be by boat only and from the east side boat ramps. Access to land sites shall be by walk-in only and from nearby hunter parking lots. No parking is allowed along county roads.

I) All water hunting must be from one portable blind or one anchored portable boat blind located between the assigned numbered stakes, no more than 10 yards from shore. All land hunting must be done from a position within 50 feet of the assigned numbered stake.

J) Wounded waterfowl that fall on land, other than areas designated as refuge, shall be retrieved by foot. However, no gun may be carried while attempting to recover such birds.

K) Blind site water: A position between 2 like numbered stakes where a blind may be located. Blind site land: A position within 50 feet of numbered stakes where a hunter may set up or a temporary blind may be located.

L) Fishing and boating shall be prohibited in the east arm of the lake during the waterfowl season.

M) Each party must hunt over a minimum of 6 decoys, and all decoys must be removed at the end of each day's hunt.

N) When it is deemed necessary for public safety reasons, such as flooding, high winds, or heavy fog, the Department will close the lake area to all fishing and all boating activity except for non-water hunting programs.

O) This site is closed to all users except firearm deer hunters during the firearms deer seasons.

P) During the last 3 days of Canada Goose season, hunting hours shall close at sunset daily.

44. Oakford State Conservation Area (2)

45. Pyramid State Park – Captain, Denmark, East Conant and Galum Units (2)

A) Hunting hours are from legal opening to 1:00 p.m.; hunters must be out of the field by 2:00 p.m.

B) Each hunting party is required to hunt over a minimum of 6 decoys; all decoys must be picked up at the end of each day's hunt.

C) Hunters participating in daily lottery for blinds or staked sites must register as a group not to exceed 4 hunter names per card. A hunter's name may not appear on more than one lottery card.

D) Blind sites may be allocated by daily drawing during duck season at a location designated by the site beginning at 4:30 a.m. in November, 5:00 a.m. in December and 5:30 a.m. in January. All hunting must occur within 10 yards of an assigned, numbered stake, except for stakes identified at the check station where hunters may hunt from any place in the wetland in which the stake is located. There will be no moving to staked locations after initial drawing. If no drawing occurs, then modifications will be posted at the site and 17 Ill. Adm. Code 510.10(d)(3) shall apply.

E) Successful participants must have their lottery card stamped with the date and blind number. The card must be in the possession of the hunter or group while hunting. Waterfowl harvested must be reported on blind selection card and returned daily to a hunter check station box.

F) Waterfowl hunters not participating in daily draw must report their harvest on site hunting permit by February 15.

G) Waterfowl hunters not participating in the daily lottery for staked sites may not access Pyramid State Park property until 4:30 a.m. in November, 5:00 a.m. in December and 5:30 a.m. in January.

H) Waterfowl hunters may not hunt on main lakes other than staked locations, with the exceptions of Goldeneye and Redhead Lakes in the Galum Unit. Hunters may hunt crop fields and wetlands that have not been staked; however, they must be a minimum of 200 yards from the nearest staked location or another hunter.

I) No waterfowl hunting is allowed within 200 yards of the Captain or Denmark Unit Waterfowl Rest Area.

J) The land and water portion of the Captain and Denmark Unit Waterfowl Rest Area is closed to all entry from October 28 through February 28 and closed to all waterfowl hunting during other periods.

K) After duck season is closed and during the Canada goose hunting season, hunters may not possess more than 5 shot shells for every Canada goose allowed in the daily bag.

L) The area is closed to waterfowl hunting on Mondays and December 25.

46. Ray Norbut State Fish and Wildlife Area (1) (2)

47. Rend Lake Project Lands and Waters

A) All waterfowl hunters and all boats must be out of the Casey Fork and Big Muddy subimpoundments by 2:00 p.m. each day of the waterfowl season and not return until 4:30 a.m., except during the last 3 days of the Canada goose season, hunters must be out of the areas by one hour after sunset and not return until 4:30 a.m.

B) No hunting permitted from the subimpoundment dams.

C) While waterfowl hunting, no one may possess any tool or device designed to cut brush or limbs, except common hunting knives and pocket knives.

D) No waterfowl hunting permitted within 200 yards of the refuge boundary, or within 100 yards of any private property boundary.

E) All boat traffic is prohibited from entering the subimpoundments for 7 days prior to youth waterfowl season until opening day of regular waterfowl season. Boat access permitted during youth waterfowl season.

F) All waterfowl hunters must sign in prior to hunting and sign out and report their harvest at the end of each day's hunt.

G) Air boats will not be allowed in the Casey Fork

Subimpoundment, the Big Muddy subimpoundment, and the impoundments on Corps of Engineers' managed areas such as Atchison Creek, Gun Creek and Rend City Wetland during the regular duck, youth waterfowl and Canada goose seasons. When ice conditions do not allow access at boat ramps by normal watercraft, then air boats can be used in the Casey Fork and Big Muddy subimpoundment.

H) Permanent blinds at the Whistling Wings Access Area shall be regulated as follows:

i) During goose season, a separate drawing may be held for the pits at Whistling Wings. This drawing will be held at the Cottonwood check station following the drawing for staked hunting sites. Hunters may not register for more than one drawing per day. Unsuccessful hunters in the drawing for Whistling Wings pits may select any unclaimed staked location after the drawings. If no drawing occurs, then modifications will be posted at the site and 17 Ill. Adm. Code 510.10(d)(3) shall apply.

ii) Hunters who wish to hunt together must register as a hunting party and be present at the drawing.

iii) All hunters must have the registration card from the check station in their possession while hunting.

iv) Hunting parties can only hunt from the pit location that they chose in that day's drawing. No moving to or hunting from any other pit location is allowed.

v) No more than 15 dozen decoys may be used per pit.

vi) No more than 4 hunters will be allowed in a pit or hunting party.

I) Each hunting party is required to hunt over a minimum of 6 decoys at each blind site, and all decoys must be picked up at the end of each day's hunt. Decoys may not be placed prior to the season opening date. Decoys must be placed and removed daily and may not be left unattended.

J) During the last 3 days of Canada goose season, hunting hours shall close at sunset daily.

K) The land and water portion of the Rend Lake Refuge is closed to trespassing during waterfowl season. The location of the Rend Lake Refuge is described as follows:

i) Bounded on the south by a buoy line, approximating the Jefferson-Franklin County Line.

ii) Bounded on the east by a buoy line and/or signs approximating the channel of the Casey Fork Creek.

iii) Bounded on the west by a buoy line and/or signs approximating the channel of the Big Muddy River.

iv) Bounded on the north portion of the Big Muddy River by a buoy line and/or signs approximating a line which would extend west from Ina, Illinois.

v) Bounded on the north portion of the Casey Fork Creek by the Casey Fork Subimpoundment Dam.

vi) Bounded on Nason Point by refuge boundary signs at project limits.

L) Waterfowl Hunters may not possess more than 25 non-toxic rounds of ammunition per person while hunting within the Casey Fork Draw and Big Muddy subimpoundment areas for regular duck and goose seasons.

M) Staked Hunting Areas – Those areas designated as a staked hunting area will be publicly announced and the following regulations will apply:

i) All hunting must occur within 10 yards of an assigned, numbered stake except for stakes identified at the check station where hunters may hunt from any place in the field in which the stake is located.

ii) Stakes may be assigned via a daily drawing held at 4:00 a.m. during November, 4:30 a.m. in December and 5:00 a.m. in January. If no drawing occurs, then modifications will be posted at the site and 17 Ill. Adm. Code 510(d)(3) shall apply.

iii) Check station at the Bonnie Dam Access Area may be operated on a daily basis through the second weekend of the waterfowl season. Thereafter, Bonnie Dam check station will only be open on weekends and holidays as posted at the check station. Cottonwood Access Area may be operated on a daily basis throughout the waterfowl season for both Bonnie Dam and Cottonwood Hunting Areas. Hunters who wish to hunt together at a staked location must register as a hunting party and be present for the drawing. Only those persons in that party may hunt at the assigned stake. No more than 5 persons shall be in a hunting party. If check stations are not operated, then modifications will be posted at the site and 17 Ill. Adm. Code 510.10(d)(3) shall apply.

iv) All hunters must register at the check station. Hunters arriving at the check station after the initial draw will have the opportunity to select any stakes that are still available up to one hour before legal shooting time. Hunters may enter the subimpoundment up to ½ hour before legal shooting time or between 9:00 a.m. and 9:30 a.m.

v) Hunting parties can only hunt from the staked hunting location that they chose in that day's drawing. No moving to or hunting from any other staked hunting location is allowed. Once a staked hunting location is killed out, no other hunting party may hunt from that stake for the remainder of that day.

vi) When hunting parties have killed their legal daily bag limit of ducks (not including coots and mergansers) and/or Canada geese in respect to the legal hunting season dates they must vacate the hunting site.

vii) Hunters must sign in and out and report their harvest on the cards at the access area where they launch.

N) Each hunting party is required to hunt over a minimum of 6 decoys at each blind site, and all decoys must be picked up at the end of the day's hunt. Decoys may not be placed prior to the season opening date. Decoys must be placed and removed daily and may not be left unattended.

48. Saline County State Conservation Area (1) (2)

A) Waterfowl hunting is allowed north of the township road only.

B) Walk-in hunting only.

49. Sam Dale Lake State Fish and Wildlife Area (1) (2)

50. Sam Parr State Fish and Wildlife Area

A) Hunting locations may be allocated by a daily drawing to be conducted at 4:30 a.m. Hunters will register at the hunter registration box at the south boat ramp only. Hunting locations not selected during the drawing (or in the event that personnel are not available to conduct the drawing) shall be allocated on a first-come/first-served basis until one hour before shooting time; and then after 9:00 a.m. All hunters must register before entering the hunting area. Hunting hours end at 1:00 p.m.; all hunters must be off the water or out of the field by 2:30 p.m. daily.

B) All hunters must place their completed harvest cards in the collection box located at the boat ramp or site headquarters at the end of the day's hunt.

C) No more than 4 persons shall occupy a blind at a time.

D) Hunting locations (one each) are located within the left and right lake arms which are divided by the north lake point.

E) Hunters wishing to move to another vacant hunting location may do so on a first-come/first-served basis provided they note the change on the harvest card and report their kill for each stake they hunted.

F) If hunters do not occupy their hunting location by legal shooting time then they forfeit the right to hunt that location.

G) Access to hunting locations shall be accessed by boat and only from the south boat ramps.

H) All hunting must be done from portable blinds or anchored boat blinds within hunting locations only.

I) Wounded waterfowl that fall on land shall be retrieved by hunters on foot. Carrying shotguns or bow and arrows while attempting to recover wounded waterfowl shall not be permitted.

J) Each party must hunt over a minimum of 6 decoys. All decoys must be removed at the end of each day's hunt.

51. Sanganois State Fish and Wildlife Area

A) Hunters using the main walk-in hunting area from opening day of the Central Zone duck season through the first Sunday of the Central Zone duck season must have a permit issued from the site office. Procedures for issuance of permits will be publicly announced.

B) Hunters using the walk-in area shall use the check station at the headquarters area located 8 miles northwest of Chandlerville just off Route 78.

C) Walk-in waterfowl hunting shall be permitted only in the area posted for this purpose.

D) All hunters using a walk-in area must report to the check station to fill out information cards and to turn in hunting licenses or valid photo identification (example: Firearm Owner's Identification Card, driver's license) before proceeding to area.

E) Topper's Hole is a walk-in area accessed by boat only, no check-in, check-out, no permanent blinds, hunting parties must stay at least 200 yards apart, hunting parties shall hunt over no less than 6 decoys, daily hunting hours are legal shooting hours through 1:00 p.m. CST.

F) The Baker tract is a lottery-draw walk-in area with 4 separate hunting compartments. One party of hunters (up to 4 hunters per party) will be permitted to hunt in each hunting compartment. The allocation of the 4 Baker tract hunting compartments may be by drawing the morning of the hunt, 1 hour and 15 minutes prior to legal shooting hours on Tuesday, Thursday, Saturday and Sunday of the Central Zone waterfowl season, except during firearm deer season, at which time the Baker tract is closed to waterfowl hunting. Parties must register for the draw together on the same card. If no drawing occurs, then modifications will be posted at the site and 17 Ill. Adm. Code 510.10(d)(3) shall apply.

G) Upon the completion of hunting, hunters must report to the check station within one hour.

H) Boating and fishing is prohibited in the impoundment areas during the duck season, except that walk-in only access for fishing from the bank is permitted after 1:00 p.m.

I) No person shall trespass on the Barkhausen Refuge during the period from October 1 through end of goose season.

J) No person shall trespass on the Marion-Pickerel Waterfowl Refuge during the period from October 1 through the last day of the waterfowl season, unless prior permission for a specific reason (such as access to private land or to retrieve dead or wounded game) is granted by the Site Superintendent.

K) No person shall enter the Ash Swale Refuge during the period from October 26 through the end of goose season.

L) When the Central Zone goose season extends beyond the duck season, goose hunting shall be permitted with statewide hunting hours in effect. Hunters need not occupy a blind. All hunting must be conducted within non-refuge areas.

M) No hunting permitted from the walk-in area subimpoundment levee.

N) Hunters may use boats without motors in the walk-in area; the construction and/or use of permanent blinds in the walk-in area is prohibited.

O) Flood rules will be initiated when the Illinois River reaches 15.0' at the Beardstown gauge. Flood rules will consist of:

i) No daily drawing will occur at the check station. Hunters may hunt from any area of the site open to hunting. Blind builders may claim their blinds regardless of river stage as long as they occupy the blind 1 hour before legal shooting time. Blinds not claimed by 1 hour prior to legal shooting time are available to other hunters.

ii) Hunters must stay 200 yards apart.

iii) Rest areas and refuges remain closed to hunting and all travel.

iv) Walk-In will be open to outboard motor traffic at 15.0'

v) The Baker Unit will remain as the regular draw days until the river reading reaches 18.0' and then it will be open rules as is the remainder of the site.

vi) All hunting stops at 1:00 p.m.

vii) Lempe Island is closed to hunting.

52. Sangchris Lake State Park

A) During the last 3 days of the regularly scheduled Canada goose season, hunting hours will close at statewide closing.

B) Blind sites may be allocated by a daily drawing to be conducted 90 minutes prior to hunting time. Blind sites not selected during the drawing (or in the event that personnel are not available to conduct the drawing) shall be allocated on a first-come, first-served basis. (During that portion of the Canada goose season that follows the duck season, the west side goose pit area, the west arm blind sites and east arm blind sites south of power lines shall be available for goose hunting and shall be allocated on a daily drawing basis to be held at 5:30 a.m. daily.)

C) During that portion of the light goose season which follows the regular Canada goose season, the west-side goose pit area blinds, and designated fields west of the west boat ramp shall be available daily on a first-come, first-served basis. Hunters must sign in at the appropriate parking area no earlier than 5 a.m.

D) All hunting must be from registered blind sites only and hunters must occupy their blinds within one hour after registering at the check station.

E) Upon vacating their blinds, hunters must place their completed harvest cards in the collection boxes located at either the east or west boatdock.

F) There will be a duly posted waterfowl refuge. These areas shall be closed to all boat traffic (except as allowed in subsection (b)(52)(K)). Bank fishing along the dam shall be permitted.

G) No more than 4 persons shall occupy a blind at one time.

H) The center arm of the lake shall be closed to all waterfowl hunting.

I) Blind sites shall be determined by the Department and marked with a numbered stake. When it is deemed necessary, the Department shall remove, move or close blind sites in order to carry out the operations of the overall management program.

J) Hunters wishing to move to another blind location may do so after 10 a.m. providing they include the blind change on the harvest card and report their kill for each blind.

K) Access to water blind sites shall be by boat only and from designated boat launch sites. Corridors located along the edges of the existing refuge will be established to provide access to all available blind sites as designated by Site Superintendent when conditions warrant.

L) All hunting must be from one portable blind or one anchored portable boat blind located within a numbered cove and between the assigned numbered stakes or from one Department designated blind or pit.

M) Wounded waterfowl that fall on land, other than areas designated as refuge, shall be retrieved by foot. However, no gun may be carried while attempting to recover such birds.

N) No unauthorized pits or blinds shall be built on State managed land.

O) Blind sites: A position between 2 like numbered stakes within a cove or other Department designated site where a blind may be located.

P) Fishing and boating shall be prohibited in the east and west arms of the lake during the period from 10 days prior to the duck season through the end of the duck season, unless the youth waterfowl hunt is more than 10 days before the regular duck season, then the east and west arms will be closed to accommodate the youth waterfowl hunt. Fishing and boating shall be prohibited in the west arm of the lake and the east arm of the lake south of the power lines during that portion of the Canada goose season that follows the duck season.

Q) Each party must hunt over a minimum of 6 decoys, and all decoys must be removed at the end of each day's hunt.

R) When it is deemed necessary for public safety reasons, such as flooding, high winds, or heavy fog, the Department will close the lake area to all fishing and all boating activity except for non-water hunting programs.

S) During flood conditions, waterfowl hunters may hunt the tailwaters of Sangchris Lake dam including Clear Creek and the South Fork of the Sangamon River. Decoys must be removed at the end of each day's hunt.

T) West-side goose pit area blinds will be available every day each week of the regular Canada goose season.

U) Hunters in the west-side goose pit area may not possess more than 5 shot shells for every Canada goose allowed in the daily bag limit after the close of the Central Zone duck season.

53. Shawnee National Forest, Upper and Lower Bluff Lakes

A) Legal entry time is 4:30 a.m. and exit time is end of legal shooting time for all hunters.

B) All hunting must be by walking in or boat in only.

54. Shawnee National Forest, LaRue Scatters

A) All hunting must be by walking in or in boats without motors.

B) Legal entry time is 4:30 a.m. and exit time is 2:00 p.m. for all hunters.

55. Shawnee National Forest, Oakwood Bottoms (Green Tree Reservoir west of the Big Muddy levee)

A) All hunting must be by walking into the area.

B) No person shall tamper with or attempt to manipulate any of the gates, pumps or structures in the subimpoundment area.

C) Legal entry time is 4:30 a.m. and exit time is 2:00 p.m. for all hunters in flooded management compartments.

D) Except for youth waterfowl hunters and their chaperones, the site shall be closed to all entry for 7 days prior to opening of duck season for the zone the site is in.

E) It shall be unlawful to trespass upon areas designated as waterfowl refuge from 14 days prior to the start of regular waterfowl season through the close of regular waterfowl season.

56. Shawnee National Forest, Cape Bend Wetlands

A) Legal entry is 4:30 a.m. and exit time is legal shooting hours.

B) All entry and hunting must be by walking into the area.

57. Shawnee National Forest, Sexton Creek Wetlands

A) Legal entry is 4:30 a.m. and exit time is legal shooting hours.

B) All entry and hunting must be by walking into the area.

58. Shawnee National Forest, Big Muddy Wetlands (west of the Big Muddy Levee)

A) Legal entry time is 4:30 a.m. and exit time is 2:00 p.m. for all hunters.

B) All hunting must be done by walking in or boat in only.

59. Shelbyville State Fish and Wildlife Area (2)

A) Waterfowl hunting shall be permitted as described in this subsection (b)(59) except in duly posted restricted and "No Hunting" areas.

B) Waterfowl hunting in the Fish Hook, North Dunn, McGee, and Jonathan Creek Waterfowl Areas may be allotted by a daily drawing for the first 2 days of the regular waterfowl season. Parties must register for drawings between 4:00 a.m. and 5:00 a.m. Central Standard Time at the check station on those days. Each party drawn shall be allowed to choose one of the staked sites in the waterfowl area. Parties must select sites in the order they are drawn. Maximum party size is 4 persons. In addition, the following regulations shall apply.

i) All parties must hunt within 10 yards of their assigned stake.

ii) All parties must be in place by ½ hour before hunting time.

iii) All parties are required to report their harvest by 2:00 p.m. following each hunt.

iv) If no drawing occurs, then modifications will be posted at the site and 17 Ill. Adm. Code 510.10(d)(3) shall apply.

C) Hunting in the Jonathan Creek, North Dunn and McGee Waterfowl Areas shall be restricted to designated, staked sites on a first-come, first-served basis except as noted in this subsection (b)(59)(C). Hunting in the Fish Hook Area shall be restricted to designated, staked sites on a first-come, first-served basis for the first 14 days of the Illinois Central Zone duck season, except as noted in this subsection (b)(59)(C). A hunting party must hunt within 10 yards of the stake.

D) Each hunting party in the Fish Hook, Dunn, Jonathan Creek and McGee Waterfowl Areas is required to hunt over a minimum of 6 decoys.

E) Waterfowl hunting only is permitted in the Fish Hook, Dunn, Jonathan Creek and McGee Waterfowl Areas during the regular waterfowl season, except that pheasant, rabbit and quail hunting is permitted after 1:00 p.m. daily beginning the day after the close of the Central Zone Duck Season.

F) During the regular waterfowl season, only licensed waterfowl hunters with valid site waterfowl permits who are in the pursuit of waterfowl are permitted on the Kaskaskia River from the Strickland Boat Access north to the Illinois Central Railroad bridge from ½ hour before sunrise until 1:00 p.m.

60. Sielbeck Forest State Natural Area (1) (2)

61. Stephen A. Forbes State Recreation Area

A) On the main lake hunting is allowed from a boat blind only in the designated areas.

B) Only walk-in hunting is allowed in the subimpoundment.

C) Hunting shall be allowed on a first-come, first-served basis. All hunters must use 6 decoys, minimum.

D) Hunters must sign in and out and report harvest.

62. Ten Mile Creek State Fish and Wildlife Area (1) (2)

A) Each hunting party is required to hunt over a minimum of 6 decoys at each blind site, and all decoys must be picked up at the end of each day's hunt.

B) Areas designated as Rest Areas are closed to all access during the Canada Goose Season only.

63. Turkey Bluffs State Fish and Wildlife Area (1)

All hunters must sign in and out and report kill.

64. Union County State Fish and Wildlife Area (Firing Line Waterfowl Management Area)

A) Blind and stake sites may be allocated on a daily draw basis at the site shop building 60 minutes prior to hunting time. Hunters shall register as parties for the drawing; each party drawn shall be allowed to select a blind or stake site in order drawn; only those hunters registered in a party shall be allowed to hunt with their party; no less than 2 hunters and no more than 4 hunters per party; persons under the age of 16 shall not be allowed to hunt unless accompanied by an adult. If no drawing occurs, then modifications will be posted at the site and 17 Ill. Adm. Code 510.10(d)(3) shall apply.

B) Blinds and stakes not allocated during the drawing or through a modification pursuant to 17 Ill. Adm. Code 510.10(d)(3) will not be hunted that day. Moving from location to location is not allowed.

C) Access to hunting sites is from the hunter parking lot located south of the blind area only.

D) Each hunting party must hunt over a minimum of 6 decoys. Decoys must be picked up immediately after the hunt is over.

E) Hunting hours end at 12:00 p.m. and all hunters must be out of the area by 1:00 p.m. Daily entry into the area is restricted until after the drawing for hunting sites.

F) Area closed to hunting on Mondays, Tuesdays and December 24-28. The site shall be open only for the Illinois Youth Waterfowl Hunt on December 28, pursuant to 17 Ill. Adm. Code 685.110.

G) When duck season is closed, hunters may not possess more than 5 shot shells for every Canada goose allowed in the daily bag limit.

65. Weinberg-King State Park – Spunky Bottoms Unit (1) (2)

66. Wise Ridge State Natural Area (1)

67. Wolf Creek State Park (land hunting only allowed along the shoreline of Lake Shelbyville) (1)

History

• Source: Amended at 49 Ill. Reg. 11683, effective September 2, 2025

17 Ill. Adm. Code 590.70 Ohio River

a) Waterfowl hunting will be allowed on the Ohio River bordering Illinois. Season dates and bag limits are governed by the regulations which apply to the Southern Zone (Section 590.10(i)(5)).

b) The following areas of the Ohio River shall be designated as waterfowl refuges and shall be closed to all hunting from October 15 through March 15:

1. The Ohio River from Smithland Lock and Dam upstream to a power line crossing the river at approximately River Mile 911.5 and Stewart Island.

2. The Ohio River in the vicinity of the Ballard Wildlife Management Area located in Ballard County, Kentucky, from a point 50 yards upstream from Dam 53, downstream to a line from the confluence of Hodges Creek to a point fifty yards downstream of the downstream boundary of the Ballard Wildlife Management Area.

c) Waterfowl hunting hours shall end at 2:00 p.m. local time daily within areas open to hunting on the Ohio River Islands Wildlife Management Area and the Kentucky portion of the Ohio River from the power line crossing at river mile 911.5 north to Carrsville, Kentucky.

d) Violation of this Section is a petty offense (see 520 ILCS 5/2.2).

History

• Source: Amended at 34 Ill. Reg. 16457, effective October 8, 2010

17 Ill. Adm. Code 590.80 Early and Late Goose (All Species) Hunting Regulations on Department Sites

a) During goose hunting seasons that begin before or extend beyond the regular duck season, statewide regulations and site specific regulations for goose hunting, as indicated in Sections 590.40, 590.50 and 590.60, shall apply to all sites (except those closed in subsections (c), (d), (e) and (f)) with the following exceptions:

1. Check in and check out (or sign in and out) is required only at sites with an asterisk (*). Sites that require use of windshield cards by hunters as specified in 17 Ill. Adm. Code 510.10 are followed by (2).

2. No fees will be charged for hunting for seasons before duck season or for seasons after the regular Canada goose season.

3. No sites are closed to fishing and boating, unless authorized by administrative rule, during seasons before the regular duck season or for seasons after the regular Canada goose season.

4. Hunting from a completed blind or staked site is waived during seasons held before the regular duck season or for seasons held after the regular Canada goose season at sites marked with an @.

5. Hunting from a staked site (blind need not be completed) is required during seasons held before the regular duck season at sites marked with a #.

6. During goose seasons held prior to regular duck season, no hunting is allowed in designated dove management fields or within 100 yards of such fields.

7. During goose seasons held after the Canada goose season all restrictions regarding the use of decoys or the number of shotgun shells that hunters can possess are no longer in force.

8. During goose seasons held after Canada goose season, statewide hunting hours apply.

b) The following sites will be open to all goose hunting seasons:

Anderson Lake State Fish and Wildlife Area * @

Cache River State Natural Area *

Carlyle Lake Project Lands and Waters, including North Allen Branch Waterfowl Management Area *

Chain O'Lakes State Park #

Chauncey Marsh State Natural Area (permit required, available at Red Hills State Park) (2)

Clinton Lake State Recreational Area – early season goose hunting in waterfowl hunting areas east of Parnell Bridge and North of Route 54 only. Any goose hunting seasons after the regular Canada goose seasons will close March 15. (2)

Des Plaines State Conservation Area (2) #

Devil's Island State Fish and Wildlife Area

Dog Island State Wildlife Management Area (2) *

Embarras River Bottoms State Habitat Area (2)

Fort de Chartres State Historic Site

Horseshoe Lake State Park (Madison County) (blind builders or partners must occupy their blinds by 1 hour before opening hunting hour each day in order to claim their blind for the day; attempts to claim blinds by any manner other than actual occupation shall be considered in violation of this Part; the insertion of a boat into the boat hide and/or the spreading of decoys before a blind shall not be considered legal occupation of a blind) # *

Kaskaskia River State Fish and Wildlife Area (Baldwin Lake Waterfowl Rest Area is closed to hunting) *

Kinkaid Lake State Fish and Wildlife Area

Marshall State Fish and Wildlife Area – Sparland and Duck Ranch Units @ (2)

Marshall State Fish and Wildlife Area – Spring Branch and Marshall Units (hunters must report their harvest via the online windshield card system during early Canada goose and regular Canada goose season after duck hunting is closed) * @

Meredosia Lake State Fish and Wildlife Area

Mississippi River State Fish and Waterfowl Management Area (Pools 25 and 26) (no hunting is allowed in the designated Batchtown Waterfowl Rest Area, Crull Hollow Rest Area and Godar Rest Area; blind builders or partners must occupy their blinds by ½ hour before opening hunting hour each day in order to claim their blind for the day; attempts to claim blinds by any manner other than actual occupation shall be considered in violation of this Part; the insertion of a boat into the boat hide and/or the spreading of decoys before a blind shall not be considered legal occupation of a blind) @

Mississippi River Pools 16, 17, and 18 @

Mississippi River Pools 21, 22, and 24 @

Oakford State Conservation Area (2)

Quincy Bay (Mississippi River Pool 21)

Ray Norbut State Fish and Wildlife Area * (2)

Rend Lake Project Lands and Waters (waterfowl hunters must maintain a distance of 200 yards between hunting parties) @

Rice Lake State Fish and Wildlife Area (goose seasons held prior to regular duck season shall open with teal season and shooting hours are sunrise until 1:00 p.m.) * @

Saline County State Conservation Area * (2)

Sanganois State Fish and Wildlife Area * @

Shawnee Forest, LaRue Scatters

Shawnee Forest, Oakwood Bottoms

Shawnee Forest, Upper Bluff Lake

Shelbyville State Fish and Wildlife Area (2)

Ten Mile Creek State Fish and Wildlife Area (rest areas open to hunting during goose season before and after the regular goose season) (2)

Turkey Bluffs State Fish and Wildlife Area *

Weinberg-King State Park – Spunky Bottoms Unit *

Woodford State Fish and Wildlife Area * @ (2)

c) The following sites will be open to any goose hunting seasons that occur before the regular duck season through the end of the regular Canada goose season:

Apple River Canyon State Park – Salem and Thompson Units (2)

Coffeen Lake State Fish and Wildlife Area (hunting north of County Road N6th only; no fishing north of County Road N6th during this season) * #

Eagle Creek State Park (land hunting only allowed along the shoreline of Lake Shelbyville)

Lake Shelbyville − West Okaw and Kaskaskia State Fish and Wildlife Area (must have site specific permit)

Siloam Springs State Park (open prior to regular duck season only; permit issued through on-site drawing) * #

Starved Rock State Park #

Wolf Creek State Park (land hunting only allowed along the shoreline of Lake Shelbyville)

d) The following sites will be open to all goose hunting during any Canada goose hunting seasons that occur after the regular duck season:

Banner Marsh State Fish and Wildlife Area * @

Braidwood State Fish and Wildlife Area (when duck season is closed, goose hunters may not possess more than 5 shot shells for every Canada goose allowed in the daily bag limit) *

Double T State Fish and Wildlife Area (hunters must check in and out at the self‑check box on the site; hunting from stakes or pits only; 4 persons per stake; hunters cannot check in before 5:00 a.m. the day of the hunt; stakes or pots allocated on a first come-first served basis) *

Freeman Mine State Habitat Area *

Heidecke State Fish and Wildlife Area *

Jim Edgar Panther Creek State Fish and Wildlife Area (Open Unit, West Open Unit, and Quail Management Unit only)

Kankakee River State Park (2)

Lake DePue State Fish and Wildlife Area *

Lake Sinnissippi State Fish and Wildlife Area

Mermet Lake State Fish and Wildlife Area * @

Newton Lake State Fish and Wildlife Area (2) *

Pekin Lake State Fish and Wildlife Area

Redwing Slough State Natural Area

Spring Lake State Fish and Wildlife Area (hunting from registered blinds or within 10 yards of staked blind sites is permitted after the close of the duck season) *

William W. Powers State Conservation Area *

e) The following sites will be open to any goose hunting seasons that occur after the regular Canada goose hunting season:

Double T State Fish and Wildlife Area (from pits or staked blind sites only) *

Freeman Mine State Habitat Area *

Horseshoe Lake State Fish and Wildlife Area (public hunting areas) * @

Horseshoe Lake State Park (Madison County) – Gabaret, Mosenthein, Chouteau Island Units (site permit and harvest report required)

Jim Edgar Panther Creek State Fish and Wildlife Area (Open Unit, West Open Unit, Quail Management Unit only)

Peabody River King State Fish and Wildlife Area (East Subunit only; no hunting on or adjacent to lakes or within 200 yards of roads, developed recreation areas, public use facilities and construction or industrial sites; hunting is on a first-come, first-served basis; no entry before 4:30 a.m.; waterfowl hunters must maintain a distance of 200 yards between hunting parties; no permanent blinds allowed; all blinds must be of a portable nature and/or constructed with natural vegetation at the blind site; no pits can be dug; all materials must be removed or dismantled at the end of the day's hunt; all waterfowl hunting parties must use at least 12 decoys that must be attended at all times and must be picked up at the end of each day's hunt) *

Pyramid State Park – Captain, Denmark, East Conant and Galum Units (no hunting in Waterfowl Rest Areas) @ (2)

Sangchris Lake State Park *

Stephen A. Forbes State Recreation Area *

Snakeden Hollow State Fish and Wildlife Area (from pits only) *

Union County State Fish and Wildlife Area (Firing Line and Controlled Hunting Area) * @

f) The following sites will be closed to all goose hunting seasons that occur outside the regular duck season dates:

Donnelley State Fish and Wildlife Area

Kidd Lake State Natural Area (units west of the railroad tracks only)

Mazonia State Fish and Wildlife Area *

Powerton Lake State Fish and Wildlife Area

Redwing Slough/Deer Lake State Natural Area

History

• Source: Amended at 49 Ill. Reg. 11683, effective September 2, 2025

17 Ill. Adm. Code 590.EXHIBIT A The Non-Toxic Shot Zones of Illinois (Repealed)

History

• Source: Repealed at 15 Ill. Reg. 13293, effective September 3, 1991

Chapter I Department of Natural Resources

Subchapter b Fish and Wildlife

Part 630 Disease Free Certification and Quarantine Provisions for Propagation, Release, Importation, Exportation and Transportation of Game Mammals, Game Birds, Migratory Birds or Exotic Wildlife

17 Ill. Adm. Code 630.10 Disease Free Certification

Before any person may propagate, release, import, export or transport any game mammals, game birds, migratory birds or exotic wildlife species protected by or covered by the Wildlife Code of Illinois, they shall provide the Department upon request with evidence that such animals have been inspected and certified disease free by a qualified person approved by the Director of the Department. A qualified person may be a licensed veterinarian or a person determined by the Department to have expertise in the diagnosis of the suspected disease.

17 Ill. Adm. Code 630.20 Quarantine

a) Upon reasonable suspicion of any animal disease infecting a certain geographical area or a certain herd or group of animals or birds that could endanger the resident or migratory wildlife of Illinois being contained in animals covered by this Order, the Department will require an inspection of the operation to collect evidence for analysis by a licensed veterinarian or any other qualified person trained in disease identification approved by the Director of the Department.

b) Based on a tentative finding of disease infestation, the Department shall provide notice to the affected parties outlining the finding of the inspection, including, if necessary, the mandatory suspension of all shipments or release of animals, and the quarantine of the infected animals until further notice.

c) Quarantine shall consist of an area, pen, cage or veterinarian facility approved by the Department and allowing for the observation and inspection of the animals as required by the Department and isolating the animals from contact with other animal species.

17 Ill. Adm. Code 630.30 Hearing

a) Within 10 days of the original notice the affected parties may, in writing, petition the Department to conduct a hearing on the merits of the case and provide an opportunity for presentation of additional relative information.

b) The Department shall evaluate the testimony provided at the hearing and shall issue a notice of its findings to the affected parties.

c) Hearing procedures will be in accord with Part 2530.

17 Ill. Adm. Code 630.40 Remedial Actions

a) Upon positive identification of the disease and completion of any requested hearing, the Department will:

1. Request any records necessary to locate previously shipped diseased animals.

2. Develop in cooperation with the affected parties reasonable remedial measures to alleviate the disease problem.

b) The affected parties shall implement the measures prescribed by the Department for treatment of the diseased animals.

c) The imposed quarantine may be lifted upon filing a disease free certification by a licensed veterinarian or any other qualified person trained in disease identification approved by the Director of the Department.

17 Ill. Adm. Code 630.50 Penalty

Any person violating the provisions of this Order shall, upon conviction, be subject to statutory penalties as prescribed by Section 3.5 of the Wildlife Code.

Part 635 Wildlife Conservation Measures and Practices

17 Ill. Adm. Code 635.10 Definitions

Accredited Veterinarian – A veterinarian who is licensed by the state in which he practices, is approved by the animal health authority of that state, and is accredited by the United States Department of Agriculture.

Cervids – All members of the family Cervidae, which includes deer, moose, elk and caribou.

17 Ill. Adm. Code 635.20 Importation of Live Animals

a) Mammalia: Cervidae

1. Elk entering Illinois shall originate from a certified brucellosis-free herd or be negative to a brucellosis card test or PCFIA test conducted within 60 days on all animals 6 months of age and over.

2. Certified brucellosis-free cervid herds shall be established and maintained in accordance with the Brucellosis Uniform Methods and Rules as approved by the United States Animal Health Association (P.O. Box K227, Suite 114, 1610 Forest Avenue, Richmond, Virginia 23228; September 30, 1998, as amended May 14, 1999, and not including any later amendments or editions beyond the date specified) and the United States Department of Agriculture.

3. All cervids entering Illinois must also be in compliance with the Illinois Diseased Animals Act [510 ILCS 50] and 8 Ill. Adm. Code 85 and the Illinois Bovidae and Cervidae Tuberculosis Eradication Act [510 ILCS 35] and 8 Ill. Adm. Code 80.

4. All cervids entering Illinois must be accompanied by a permit from the Illinois Department of Agriculture and a Certificate of Veterinary Inspection that:

A) has been issued by an accredited veterinarian of the state of origin or a veterinarian in the employ of the United States Department of Agriculture;

B) is approved by the Animal Health Official of the state of origin;

C) shows that the cervids are free from visible evidence of any contagious, infectious or communicable disease or exposure thereto, do not originate from a Chronic Wasting Disease (CWD) endemic area (any county and surrounding counties where CWD has been diagnosed in the past five years);

D) shows the cervids are not originating from a herd under quarantine for any contagious, infectious or communicable disease;

E) shows that the animals originate from a herd that has been monitored for at least 5 years under a state-approved CWD certification program and was CWD-free for that period or originate from a herd that meets the following criteria:

i) the herd has been monitored under a state-approved CWD herd certification program for at least 5 years and was CWD-free for that period. This requirement will change to 3 years on June 1, 2003, 4 years on January 1, 2004 and 5 years on January 1, 2005;

ii) any additions to the herd are natural additions or have been in the herd for at least one year;

iii) complete herd records, including records of purchases, deaths and causes of deaths are maintained for at least 5 years;

iv) the herd has been under veterinary supervision for a minimum of 5 years;

v) the animals have not been exposed to any animal from a herd diagnosed with CWD in the past 5 years;

vi) the permit contains a statement by the veterinarian for the herd of origin certifying that the herd has been under veterinary supervision for a minimum of 5 years and has had no exposure to any cervid from a CWD trace-back or trace-forward herd; and

vii) the permit contains a statement signed by the owner certifying that all statements on the certificate of veterinary inspection are correct.

F) lists each cervid's unique individual identification (approved ear tag, tattoo or microchip).

5. No cervid may enter Illinois for immediate slaughter without obtaining the appropriate permit from the Illinois Department of Agriculture as specified in 8 Ill. Adm. Code 85.

b) Other Animals

All other animals are exempted from this Section.

17 Ill. Adm. Code 635.30 Importation of Animal Carcasses and Parts

Importation of hunter-harvested deer and elk carcasses into Illinois is prohibited except for:

a) deboned meat, antlers, antlers attached to skull caps, hides, upper canine teeth (also known as "buglers", "whistlers", or "ivories"). Skull caps shall be cleaned of all brain and muscle tissue;

b) finished taxidermist mounts;

c) carcasses or parts of carcasses with the spinal column or head attached may be transported into the State only if they are submitted to a licensed meat processor or a licensed taxidermist for processing within 72 hours after entry; licensed meat processors and taxidermists shall dispose of inedible tissue not exempted in subsection (a) in a properly permitted landfill or with a renderer;

d) tissues can be imported into the State for use by a diagnostic or research laboratory; and

e) carcasses or parts of carcasses may be transported into the State to a properly permitted facility, to be disposed of, as long as the transportation and disposal complies with all applicable Illinois and federal laws and regulations. Carcasses or parts of carcasses to be disposed of must be frozen when transported and stored.

AGENCY NOTE: Nothing in this Part shall prevent renderers regulated under the Illinois Dead Animal Disposal Act [225 ILCS 610] with Class A or B licenses from transporting cervid carcasses or parts into the State for the purpose of rendering.

History

• Source: Amended at 27 Ill. Reg. 18793, effective December 4, 2003

17 Ill. Adm. Code 635.40 Feeding or Baiting of Wildlife

It shall be illegal to make available food, salt, mineral blocks or other products for ingestion by wild deer or other wildlife in areas where wild deer are present. Exempted from this Section are the following:

a) elevated bird/squirrel feeders providing seed, grain, fruit, worms, or suet for birds or squirrels located within 100 feet of a dwelling devoted to human occupancy;

b) incidental feeding of wildlife within active livestock operations;

c) feeding of wild animals, other than wild deer, by hand as long as a reasonable attempt is made to clean up unconsumed food;

d) feeders for wildlife other than deer so long as deer are excluded from the feed in and around the feeder by fencing or other barriers;

e) standing crops planted and left standing as food plots for wildlife;

f) grain or other feed scattered or distributed solely as a result of normal agricultural, gardening, or soil stabilization practices;

g) standing, flooded, or manipulated natural vegetation or food/seed deposited by natural vegetation;

h) grain or other feed distributed or scattered solely as the result of manipulation of an agricultural crop or other feed on the land where grown, for purposes of dove hunting;

i) food material placed for capturing or killing wildlife pursuant to 520 ILCS 5/2.37, 2.30 and 1.3;

j) scientific permits issued pursuant to 17 Ill. Adm. Code 520 that allow food to attract wildlife;

k) any other permits issued by the Department of Natural Resources that require the attraction of wildlife for purposes of management, research or control.

17 Ill. Adm. Code 635.50 Penalties

Violation of the provisions of this Part is a Petty Offense with a maximum fine of $1,000.

Part 640 Outfitter Regulations

17 Ill. Adm. Code 640.10 Definitions

Class A Permit – permit required for deer and turkey outfitters.

Class B Permit – permit required for waterfowl outfitters.

Client – an individual who provides, or who has provided on his or her behalf, financial or other consideration to an outfitter in exchange for outfitting services.

Department − the Illinois Department of Natural Resources (IDNR).

Guide – an individual providing guide services to clients of an outfitter.

Guide Services − any of the following: providing advice to the hunter while hunting about how and/or where to conduct his/her hunt, setting decoys, calling, stalking, pursuing, tracking, retrieving game, field dressing, caring for meat, field preparation of trophies including skinning or capeing, carriage of hunters in the field, carriage of hunter's equipment in the field or carriage of waterfowl, deer or turkey harvested by hunters.

Harvest Information Program or HIP – an annual registration mandated for gamebird hunters by the National Migratory Bird Harvest Program to compile annual wildlife estimates for waterfowl, doves and other migratory game birds.

Outfitter – a person (as defined in the Wildlife Code [520 ILCS 5/1.2l]), including an officer or employee of a person, who provides or offers to provide outfitting services for waterfowl, deer or wild turkey hunting.

Outfitting Services – any service that, for financial or other consideration, offers or promises waterfowl, deer and/or wild turkey hunting access, assistance, guidance or opportunity on private or leased lands by way of one or more of the following:

guides, guide services, or bringing or retrieving equipment, stands, blinds, decoys or a client to or from the field; or

access to property that the person providing access leases or rents for waterfowl, deer and/or wild turkey hunting; or

access to property subleased, at least in part, for waterfowl, deer or wild turkey hunting.

The following are not considered outfitting services for the purposes of this Part:

a hunting lease granted by a landowner to a hunter or group of hunters;

providing transportation to or from a place of accommodation or a hub of public transportation;

for the purpose of waterfowl hunting, landowners or waterfowl hunting clubs or organizations that:

do not take compensation or fees other than annual membership and annual maintenance fees;

do not accept paying hunters on a day-to-day basis and are otherwise closed to the public; or

provide only waterfowl blinds or pits.

Resident Corporation – for the purpose of outfitter permitting, a resident corporation is an Illinois corporation that has been in existence for at least 30 days prior to submitting an application for an outfitter permit, and in which more than 50% of the stock is owned by Illinois resident individuals.

Resident Limited Liability Company – for the purpose of outfitter permitting, a resident limited liability company (LLC) is an Illinois LLC that has been in existence at least 30 days prior to submitting an application for an outfitter permit and in which more than 50% of the value of all units is held by Illinois resident individuals.

Waterfowl Blind or Pit – an area of concealment that is used to hide hunters from the sight of waterfowl.

History

• Source: Amended at 42 Ill. Reg. 6414, effective March 21, 2018

17 Ill. Adm. Code 640.20 Minimum Standards

a) An outfitter shall:

1. have a current valid Illinois outfitter permit;

2. be at least 21 years of age; if the outfitter permit is held by a business entity, then a responsible individual who is an officer in the business entity must be designated on the application as the contact person;

3. not have had his or her hunting privileges under the Wildlife Code suspended, or any of his or her hunting licenses revoked, within any period during the last 5 years. If the outfitter is a business entity, no officer, employee or contact person shall have had hunting privileges or licenses suspended or revoked within any period during the past 5 years;

4. provide to each client, prior to commencement of outfitting services, in writing, the following: the type of service provided, the dates of service, the cost of services, and a copy of the outfitter's refund policy;

5. be responsible for ensuring each client has the necessary permits, stamps, Harvest Information Program (HIP) registration and licenses prior to any hunting;

6. indicate clearly to each client the boundaries of the property on which the client is to hunt and instruct each client as to how to conduct the hunt (i.e., special rules, restricted areas, etc.);

7. make no guarantees, either oral or written, as to the success of the hunt;

8. not misrepresent his or her facilities, prices, equipment, services or hunting opportunities;

9. not take or attempt to take any wildlife on behalf of the client;

10. for Class A Permit: maintain a current log of all individuals who hunt on the property controlled under the outfitter permit, including the following: name, dates they hunted, Department customer identification number, permit number and harvest information (including the species, harvest confirmation numbers and sex of the harvested animal). This log must be submitted to the Department within 30 days after the close of the seasons in which the Class A outfitter is operating. A copy must also be maintained by the outfitter for 5 years;

11. for Class B Permits: maintain a current log of all individuals who hunt on the property controlled under the outfitter permit, including the following: name, dates hunted, Department customer identification number and harvest information (including the species and sex of the harvested animal). This log must be submitted to the Department within 30 days after the close of the latest waterfowl seasons in which the Class B outfitter is operating. A copy must also be maintained by the outfitter for 5 years;

12. if the permit holder performs guide services in addition to outfitting services, comply with the requirements of subsection (b);

13. comply with all obligations under this Part. Failure to comply may be used as the basis for denial of any future outfitter permit. Failure to comply may also result in revocation of a permit or suspension of privileges in accordance with Section 640.80 and 17 Ill. Adm. Code 2530.

b) A guide shall:

1. not have had his or her hunting license revoked or hunting privileges suspended under the Wildlife Code for any period of time during the past 5 years;

2. unless exempt by law, have a current Illinois hunting license and habitat stamp (Class A Permit only) or a current hunting license, State and federal waterfowl stamp, and HIP registration (Class B Permit only);

3. have proof of successful completion of a State-approved hunter-safety course;

4. comply with, and ensure that all clients comply with, all State and federal wildlife and weapons laws and regulations; and

5. not take or attempt to take any wildlife on behalf of the client.

History

• Source: Amended at 42 Ill. Reg. 6414, effective March 21, 2018

17 Ill. Adm. Code 640.30 Application Requirements

In order to obtain a permit to operate as an outfitter, the applicant must submit to the Department of Natural Resources, Outfitter Services, One Natural Resources Way, Springfield IL 62702-1271, an application containing the following information:

a) The name, address, date of birth, phone number and Social Security Number of the applicant, if an individual; or if a business entity, the company, corporation, limited liability company or partnership name, along with a copy of the organization papers filed with the Secretary of State and/or the certification of compliance with the Assumed Business Name Act from the County Clerk, and the name, address, date of birth, phone number and Social Security Number of the contact person, with a certification the applicant is an Illinois resident or a non-resident of Illinois.

b) A listing of the county, township, range, section, acres and landowner name of the property where the outfitting services will be provided.

c) A description of hunting activities proposed for the current year, including the approximate number of hunters, type of hunting to occur (waterfowl, deer or turkey hunting), and the type of hunting devices to be used.

d) Class A outfitters must provide a management plan for each species (deer or turkey) to be hunted by providing complete and accurate information as requested on the standardized form provided by the Department.

e) Proof of current commercial liability insurance for property damage, personal injury and death with a minimum benefit of $1,000,000.

f) A list of any guides to be employed, and any guides who quit or whose employment was terminated, with the name, address, date of birth, and Social Security Number of each guide. This list may be modified at any time by providing the change in writing to the Office of Law Enforcement, IDNR, One Natural Resources Way, Springfield IL 67202-1271.

History

• Source: Amended at 42 Ill. Reg. 6414, effective March 21, 2018

17 Ill. Adm. Code 640.40 Permit Fees

The annual fees for an outfitter permit shall be:

a) Class A Permit

1. $500 for a resident.

2. $2,500 for a non-resident.

b) Class B Permit

1. $250 for a resident.

2. $1,500 for a non-resident.

History

• Source: Amended at 39 Ill. Reg. 9373, effective June 26, 2015

17 Ill. Adm. Code 640.50 Acceptance or Rejection of Applications

a) Incomplete or inadequate applications shall be returned to the applicant with a summary of deficiencies.

b) Incomplete or inadequate applications may be completed and re-submitted within 15 days, or until the end of the application period, whichever is longer.

c) Applications for permits will be accepted January 31 through July 15 of each year, inclusive. Addendums adding acreage may be added to the outfitter's permit by notifying the Department within 24 hours after gaining legal access to the property. Addendums shall include the information required under Section 640.30(b). Acceptable methods of notification to the Department will be email, fax or online. Addendums for properties obtained and utilized only during the emergency light goose season shall be exempt from reporting as required in this Section.

d) Full applications shall be required every 5 years. The annual renewal shall require:

1. payment of the fee required by Section 640.40;

2. proof of insurance;

3. a new complete property listing as required by Section 640.30(b); and

4. regardless of whether the hunter was a paying client or a free hunter, a report of harvest that provides:

A) the number of hunter days; and

B) the total number taken of:

i) male and female deer (Class A);

ii) male and female turkey (Class A); and

iii) waterfowl, with a separate listing for ducks and geese (Class B).

History

• Source: Amended at 42 Ill. Reg. 6414, effective March 21, 2018

17 Ill. Adm. Code 640.60 Term of Permit

a) The permit shall be for one year from July 1 to June 30.

b) Applications and renewals are due at the Department by July 15 of each year. Applications or renewals received after July 15 cannot be guaranteed to be processed and a permit issued by September 1.

History

• Source: Amended at 39 Ill. Reg. 9373, effective June 26, 2015

17 Ill. Adm. Code 640.70 Violations

a) It shall be unlawful for an outfitter to:

1. employ any person as a guide or facilitator whose hunting license is revoked or whose privileges to hunt in Illinois are suspended, or who does not meet guide requirements (see Section 640.20(b));

2. fail to provide to the Department documentation of change of ownership, transfer of corporate shares or transfer of a limited liability company's membership within 45 days after the date of change;

3. advertise or provide outfitting services at a time the outfitter does not hold a current valid outfitter permit;

4. provide outfitting services on lands not included in the permit application;

5. knowingly allow or cause a client or guide to violate any provisions of the Wildlife Code or related administrative rules or federal regulations;

6. advertise that outfitting services are provided on specific land unless that land is included in the permit;

7. advertise in an intentionally false or misleading manner;

8. fail to allow inspection of required records by an authorized employee of the Department, or by an authorized State or federal law enforcement officer, during reasonable business hours;

9. fail to maintain records or to submit reports, as required by this Part;

10. provide outfitting services at any time when the commercial liability insurance required by Section 640.30(e) is not in full force and effect.

b) It shall be unlawful for a person to represent himself or herself as, or perform work as, an outfitter or guide unless that person meets the minimum standards provided in Section 640.20.

History

• Source: Amended at 39 Ill. Reg. 9373, effective June 26, 2015

17 Ill. Adm. Code 640.80 Penalty

a) Any person who violates any provision of this Part shall be guilty of a Class B misdemeanor, which may result in the revocation of a permit or suspension of permit privileges for a period of up to 5 years (see 520 ILCS 5/3.1-3 and 17 Ill. Adm. Code 2530).

b) Any person found guilty of operating as an outfitter without an outfitter's permit, or of failure to pay the appropriate permit fees, shall, in addition to any criminal penalties, be assessed a civil penalty of three times the amount that should have been paid. This penalty is payable to the Department's Conservation Police Operations Assistance Fund.

c) The Department shall not issue an outfitter permit to:

1. any person who has not successfully paid the permit fee required by Section 640.40;

2. any person who has been subjected to criminal or civil penalties, until the penalty is paid in full; and

3. any organization or business entity of which a person described in subsection (c)(1) or (c)(2) is an officer, agent or employee.

History

• Source: Amended at 42 Ill. Reg. 6414, effective March 21, 2018

17 Ill. Adm. Code 650.10 Statewide Season and Permit Quotas

a) Season: 12:01 a.m. on Friday of the 3-day (Friday, Saturday and Sunday) weekend immediately before Thanksgiving to 6:00 p.m. on Sunday of the 3-day weekend before Thanksgiving, and 12:01 a.m. on Thursday of the first 4-day (Thursday, Friday, Saturday and Sunday) weekend following Thanksgiving to 6:00 p.m. on Sunday of the first 4-day weekend following Thanksgiving. Full season permits shall be for all days. Second season permits shall be valid for the last four days of the season only. Hunting hours are one-half hour before sunrise to one-half hour after sunset.

b) Permit quotas shall be set by the Department of Natural Resources (Department) on a county or special hunt area basis. Cook, DuPage and Lake Counties (except for Chain O'Lakes State Park) and that portion of Kane County east of State Route 47, are closed to firearm deer hunting.

History

• Source: Amended at 49 Ill. Reg. 11755, effective September 2, 2025

Chapter I Department of Natural Resources

Subchapter b Fish and Wildlife

Part 650 White-Tailed Deer Hunting by Use of Firearms

17 Ill. Adm. Code 650.20 Statewide Deer Permit Requirements

a) All deer hunters must have a current, valid Firearm Deer Permit. Fees for deer permits are as follows:

1. Illinois Resident Permits (issued by Deer Permit Office):

Either-sex − $25

Bonus antlerless-only − $17.50

Antlerless only for Special Hunt Areas with antlerless-only hunts − $25

2. Nonresident Permits (issued by Deer Permit Office):

Either-sex − $300

Bonus antlerless-only − $25

Antlerless-only for Special Hunt Areas with antlerless-only hunts − $300

3. In addition to a Special Hunt Area Permit issued under subsection (a)(1) or (a)(2), a hunter may obtain additional Special Hunt Area Permits, issued by staff at the Special Hunt Area, when unfilled permits are available.

Fees:

Either-sex (full, 1st or 2nd season) − $25 regardless of residency

Antlerless-only (full, 1st or 2nd season) − $17.50 regardless of residency

One-day standby permits − $5 regardless of residency

4. Over-the-Counter Permits sold by license vendors pursuant to subsection (i) (all prices in this subsection (a)(4) include vendor's issuing fee):

Resident either-sex − $25.50

Resident antlerless-only − $18.00

Nonresident either-sex − $300.50

Nonresident bonus antlerless-only (hunter has obtained, for the current year, a firearm either-sex permit or has a valid landowner firearm either-sex permit) − $25.50

Nonresident antlerless-only (hunter has not obtained a firearm either-sex permit for the current year) − $100.50

b) A permit is issued for one county or special hunt area and is valid only in the county, where permission to hunt has been obtained from the property owner, or special hunt area stated on the permit. During the First Lottery and Second Lottery, applicants who receive an either-sex permit in a county or special hunt area are eligible for a bonus antlerless-only permit for that county or special hunt area (with the exception of special hunt areas offering antlerless-only hunts). During the Third Lottery, antlerless-only permits remaining in the quota will be made available to resident applicants regardless of whether those applicants already possess an either-sex permit, but nonresident applicants must have a firearm either-sex permit in order to obtain an antlerless-only permit. For permit applications and other information write to:

Department of Natural Resources

(Firearm or Landowner/Tenant or Non-Resident)

Deer Permit Office

P.O. Box 19227

Springfield, Illinois 62794-9227

c) Applications from Illinois residents for participation in the First Lottery Drawing will be accepted through April 30 of the current year. Nonresidents may not apply to participate in the First Lottery Drawing. Applications received after April 30 will not be included in this lottery. Permits will be allocated in a computerized random drawing. Permits will be issued as either sex, antlerless only, or antlered only. A maximum of one either-sex and one antlerless-only permit shall be issued per person. Applicants for free landowner/tenant permits (see 17 Ill. Adm. Code 528) are not eligible to participate in the First or Second Lottery Drawings. Landowners who receive permits in the First or Second Lottery Drawing are not eligible for landowner permits for the firearm deer season during the hunt year. Lifetime licenses issued after August 15, 2006 shall not qualify a non-resident of Illinois for a resident deer permit.

d) Applicants must complete all portions of the current year permit application form. Incomplete or incorrect applications will be returned along with the applicant's permit fee for correction or completion if received in the Permit Office prior to the deadline established in subsection (c).

e) Applicants must check the second-season box if they agree to accept a second-season permit upon being rejected for a full-season permit.

f) Applicants must check the antlerless-only box and provide the appropriate fee to apply for an additional antlerless-only permit. Antlerless-only permits will be issued until the antlerless-only quota is filled for a given county or special hunt area.

g) Permits for counties and special hunt areas with unfilled quotas after the First Lottery Drawing will be allocated in a Second Lottery Drawing. This drawing is open only to nonresident applicants and to Illinois residents who were not previously issued firearm permits for the current hunting season. Illinois residents will be given preference for permits allocated in the Second Lottery Drawing. Applications for the Second Lottery Drawing will be accepted through June 30 of the current year. Applicants may also apply for remaining antlerless-only permits by checking the antlerless-only box and providing the appropriate fee. A list of unfilled counties and special hunt areas will be announced upon becoming available after the First Lottery Drawing. Applicants must apply on a current year Firearm Deer Permit application form. A maximum of one either-sex and one antlerless-only permit shall be issued per person.

h) A Third Lottery Drawing will be held during which any Illinois resident (regardless of any other deer permit they may have) may apply for one or more either-sex and/or antlerless-only permits for counties or special hunt areas with unfilled quotas. Nonresidents may also apply, but must have received an either-sex permit in order to obtain an antlerless-only permit in this drawing. Applications for the Third Lottery Drawing will be accepted through the third Friday in August of the current year. A list of unfilled counties and special hunt areas will be announced upon becoming available after the Second Lottery Drawing. Applicants must apply on a current year Firearm Deer Permit application form. All applications for the Third Lottery will be processed individually (i.e., no group applications will be processed).

i) Permits remaining after the Third Lottery Drawing will be available over-the-counter (OTC) from agents designated by the Department (pursuant to 17 Ill. Adm. Code 2520) beginning the third Tuesday in October on a first-come, first-served basis. Permits will be sold until quotas are exhausted, or until the close of the firearm deer season, whichever occurs first. Persons may purchase one or more permits during this period, subject to availability. Persons purchasing OTC deer permits must supply all necessary applicant information to the agents in order to properly complete the permit.

j) Hunter preference in obtaining a permit during the First Lottery Drawing will be given: to individuals that applied for an either-sex permit in the previous year's First Lottery Drawing who were rejected because the quota was depleted in their county choices. Preference will not be granted to applicants who received a full-season either-sex permit but who did not receive an antlerless-only permit. Persons with lottery preference will have first chance at receiving available either-sex permits. The following criteria must be met to obtain a preference in the First Lottery Drawing:

1. The applicant must apply using the official Department application.

2. The applicant must be a resident of the State, be eligible to receive a Firearm Deer Permit, and not had deer hunting privileges revoked pursuant to Section 650.50.

3. The applicant must apply for the same county choices that the applicant listed on the previous year's application. Preference will not be granted for special hunt areas.

k) Applications may be accepted at the counter window of the permit office; however, permits for the First Lottery, Second Lottery and Third Lottery Drawing will be mailed. In-person, mail-in and electronic applications will receive equal treatment in the drawings.

l) Permits are not transferable. For the purpose of this Section, "transfer" means the modification or changing, by the Department or any other person, individual or group of the name or the location on an issued permit to another person or location.

m) A $3 service fee will be charged for replacement permits issued by the Department, except when permits are lost in the mail, then there will be no charge. The procedures for obtaining a replacement license are detailed in 17 Ill. Adm. Code 2520.50. Monies derived from this source will be deposited in the Wildlife and Fish Fund.

n) The periods for accepting applications for the First and Second Lottery periods may be extended if applications are not available to the public by April 1. A news release will announce the extension of the application periods.

o) Refunds and Cancellations

1. A refund shall be issued by the Department for a permit that has been granted or for an application that has been submitted, under the following circumstances:

A) The State managed or owned site for which the permit was issued was closed due to a national or State issued emergency or disaster declaration or any other emergency circumstance that resulted in the Department closing access to the hunting site, park or area. Issued permits shall be cancelled by the Department. This subsection (o) shall include, but is not limited to, closure of State parks, fish and wildlife areas, and recreation areas by the Department as a response to a Gubernatorial Disaster Proclamation or executive order;

B) The applicant for a permit was unsuccessful in obtaining a permit in the lottery for which the applicant applied; or

C) Upon the request of the permit holder, a permit was issued due to an error of the Department, the OTC point-of-sale vendor or the applicant. The permit that was issued in error and the request for a refund must be delivered to the Department before the first day of the season listed on the permit. Permits shall be considered delivered to the Department if the permit is received or postmarked before the first day of the season listed on the permit; or

D) Upon the return of an issued permit to the Department before the first day of the season listed on the issued permit. Permits shall be considered delivered to the Department if the permit is received or postmarked before the first day of the season listed on the permit. No refund shall be issued under this subsection (o)(1)(D) if the permit is returned or postmarked after the first day of the season listed on the permit.

2. A permit shall be cancelled if a refund is approved pursuant to subsection (o)(1)(A), (C) or (D). Once a permit has been cancelled, the cancelled permit shall not count towards the total number of permits that an applicant may obtain for the hunting season that the cancelled permit was issued.

3. Upon the request of a permit holder, a refund may be issued by the Department for a permit that has been granted under the following circumstances:

A) A medical condition or death of the permit holder that prevented the permit holder from hunting. A death certificate or medical documentation showing that the permit holder was unable to or advised not to hunt may be required by the Department before any refund is issued. Requests must be made within 90 days after the start of the season that the permit was issued for and must accompany the return of the permit to the Department at its headquarters in Springfield, Illinois. No refunds shall be issued under this subsection if the request or permit is delivered to the Department at its headquarters in Springfield, Illinois or postmarked 90 days after the first day of the season listed on the permit; or

B) The permit holder was unable to travel or use the permit that was issued to him or her due to a national or State issued emergency or disaster declaration that resulted in a danger to the health or safety of the permit holder had they attempted to use the issued permit. Requests must be made within 60 days after the start of the season for which the permit was issued and must accompany the return of the permit to the Department at its headquarters in Springfield, Illinois. No refund shall be issued under this subsection (o)(3)(B) if the request or permit is delivered or postmarked 60 days after the first day of the season listed on the permit.

C) A permit that was issued due to an error of the Department, the OTC point-of-sale vendor, or the applicant, if the permit is returned to the Department before the last day of the season for which the permit was issued.

History

• Source: Amended at 46 Ill. Reg. 18660, effective November 2, 2022

17 Ill. Adm. Code 650.21 Deer Permit Requirements – Landowner/Tenant Permits

Requirements and procedures for obtaining landowner/tenant permits are provided in 17 Ill. Adm. Code 528.

History

• Source: Amended at 41 Ill. Reg. 8639, effective June 28, 2017

17 Ill. Adm. Code 650.22 Deer Permit Requirements – Special Hunts

Special hunt sites are defined as those sites that are owned or controlled by agencies/entities other than the Department, or sites at which the Department only controls a portion of the property designated for deer hunting, that issue deer hunting permits through the statewide lottery process. The Permit Office issues deer hunting permits through a computerized drawing for the following sites, in addition to the Department-owned, -leased or -managed sites listed in Section 650.60(h). The permit preference system does not apply to special hunt areas or to State sites allocating permits in the lottery.

Crab Orchard National Wildlife Refuge (the first and second season are considered separate hunt choices, and permit applicants must specify which season they are applying for in the County Choice or Hunt Area field of the application; permits may be issued as antlerless-only without the normal bonus requirement; standby hunting will be allowed if additional permits are available at the site)

Crab Orchard National Wildlife Refuge – Disabled Hunt (first season only)

Joliet Army Training Area (Will County)

Lake Shelbyville Project Lands – Disabled Hunt (first season only; permit drawing will be conducted by Corps of Engineers' staff with permits mailed to successful applicants by the Department; contact Corps of Engineers, Lake Shelbyville office for application procedures/dates; additional permits will be available for purchase at the site for any unfilled positions)

Lake Shelbyville Project Lands (Moultrie County) (it is unlawful to drive deer; for Corps of Engineers managed lands not managed by DNR, contact Corps of Engineers, Lake Shelbyville office for specific deer hunting policy)

Lake Shelbyville Project Lands except Wolf Creek State Park (Shelby County) (it is unlawful to drive deer; for Corps of Engineers managed lands not managed by DNR, contact Corps of Engineers, Lake Shelbyville office for specific deer hunting policy)

Lost Mound Unit – Upper Mississippi River National Wildlife and Fish Refuge, including Stewardship Park and Eagles Landing (DNR owned) – Disabled Hunt (Friday, Saturday and Sunday prior to the first statewide firearm deer season only; permit drawing will be conducted by United States Fish and Wildlife Service; preference given to disabled hunters; either-sex permits; bonus antlerless-only permits and one-day standby permits will be sold at site)

Midewin National Tallgrass Prairie (no handguns allowed; additional site pass is required; check-in, check-out and reporting of harvest is required)

Rend Lake Project Lands – Disabled Hunt (first season only; permit drawing will be conducted by Corps of Engineers staff with permits mailed to successful applicants by the Department; contact Corps of Engineers, Rend Lake Office for application procedures/dates; additional permits will be available for purchase at the site for any unfilled positions; bonus antlerless-only permits will be sold at site)

History

• Source: Amended at 48 Ill. Reg. 15559, effective October 17, 2024

17 Ill. Adm. Code 650.23 Deer Permit Requirements – Group Hunt

a) Up to six individuals may apply to hunt as a group during the First and Second Lottery Drawings.

b) Each individual must sign his or her own application.

c) In order to receive preference for the group, all members must have preference for the same county choice. If any member does not have preference for the group's county choice, the entire group will not receive preference.

d) Applicants applying as a group will be rejected if they do not list the same county or special hunt area choice, complete the group leader information listing the identical group leader, and complete the second-season option box identically.

e) Since Illinois residents are given preference for permits allocated in the Second Lottery Drawing, groups containing both resident and non-resident applicants will be treated as non-residents.

History

• Source: Amended at 49 Ill. Reg. 11755, effective September 2, 2025

17 Ill. Adm. Code 650.30 Statewide Requirements for Hunting Devices

a) Any combination of legal hunting devices in this subsection (a) may be used to take, or attempt to take, deer provided the devices are legal for the specific season as follows:

1. Shotgun, loaded with slugs only, of not larger than 10 nor smaller than 20 gauge, not capable of firing more than 3 consecutive slugs; or

2. A single or double barreled muzzleloading rifle of at least .45 caliber shooting a single projectile through a barrel of at least sixteen inches in length; or

3. Centerfire revolvers, centerfire single-shot handguns, and centerfire single-shot rifles as specified in 520 ILCS 5/2.25; or

4. On private land only, archery equipment as defined by 17 Ill. Adm. Code 670.30 may be used during firearm deer season while hunting with a valid firearm deer permit.

b) Standards and specifications for legal firearm ammunition are:

1. For shotguns and muzzleloading firearms, the minimum size of the projectile shall be .44 caliber. A wad or sleeve is not considered a projectile or a part of the projectile.

2. For handguns and rifles, the firearm ammunition as specified in 520 ILCS 5/2.25.

3. Non-expanding, military-style full metal jacket bullets cannot be used to harvest white-tailed deer; only soft point or expanding bullets (including copper/copper alloy rounds designed for hunting) are legal ammunition.

c) Standards and specifications for use of muzzleloading firearms are as follows:

1. A muzzleloading firearm is defined as a firearm into which the projectile is incapable of being inserted from the breech end.

2. Only black powder or a "black powder substitute" such as Pyrodex may be used. Modern smokeless powders (nitrocellulose-based) are an approved black powder substitute only in muzzleloading firearms that are specifically designed for their use.

3. Only percussion (cap or primer), wheellock, matchlock, flintlock or electronic ignition may be used.

4. The following shall constitute an unloaded muzzleloading firearm:

A) removal of percussion cap/primer;

B) removal of prime powder from frizzen pan with frizzen open and hammer all the way down;

C) removal of prime powder from flashpan and wheel unwound;

D) removal of prime powder and match with match not lit; or

E) removal of the battery from the electronic ignition.

d) It shall be unlawful to use or possess any other firearm or ammunition in the field while hunting white-tailed deer except as provided in the Firearm Concealed Carry Act. [430 ILCS 66]

History

• Source: Amended at 47 Ill. Reg. 177, effective January 1, 2023

17 Ill. Adm. Code 650.40 Statewide Deer Hunting Rules

a) The bag limit is one deer per legally authorized either-sex, antlered-only or antlerless-only permit. All either-sex permits and antlered-only permits are subject to the following restriction: no hunter, regardless of the quantity or type of permits in his/her possession, may harvest more than 2 antlered deer during a year, including the youth, archery, muzzleloader, and firearm seasons. For purposes of this Section, deer seasons are considered to be in the same year if their opening dates fall within the same 12-month period that begins on July 1. A hunter in possession of an either-sex permit after having harvested 2 antlered deer during a year, as defined above, may only use the permit to harvest an antlerless deer. Subject to this restriction, an either-sex permit holder is allowed to take a deer with or without antlers and an antlered-only permit holder is allowed to take only a deer having at least one antler of a length of 3 or more inches. An antlerless only permit holder is allowed to take only a deer without antlers or a deer having antlers less than 3 inches long.

b) Recipients of the Firearm Deer Hunting Permit shall record their signature on the permit prior to hunting and must carry it on their person while hunting.

c) The temporary harvest tag shall be attached and properly sealed immediately upon kill and before the deer is moved, transported or field dressed. No person shall leave any deer that has been killed without properly attaching the temporary harvest tag to the deer in the manner prescribed on the permit.

d) Hunters shall not have in their possession, while in the field during firearm deer season, any deer permit issued to another person (permits are non-transferable).

e) Permits will not be re-issued in cases involving deer taken which are found to be diseased or spoiled due to previous injury. Legal disposal of unfit deer taken shall be the responsibility of the hunter. For those hunters participating in the Department's Chronic Wasting Disease Surveillance Program, a free permit for the same county or special hunt area will be made available the subsequent year if the hunter's deer is determined to have chronic wasting disease.

History

• Source: Amended at 49 Ill. Reg. 11755, effective September 2, 2025

17 Ill. Adm. Code 650.45 Reporting Harvest

a) Testing of deer for Chronic Wasting Disease (CWD) by DNR personnel will occur so long as funding is available in:

1. counties where deer have been documented with the disease;

2. counties considered high-risk for the disease; and

3. counties in which additional surveillance is warranted.

b) These counties shall be publicly announced following the conclusion of the previous year's annual fall/winter CWD surveillance, which will be used as a basis for decision making. For these counties, hunters shall take their whole (or field dressed) deer to a designated firearm deer check station by 8:00 p.m. on the day the deer was killed. A permanent harvest tag will be attached to the leg of the deer upon registration at the check station. If a hunter is not able to locate a harvested deer in sufficient time to enable reporting the harvest by 8:00 p.m., the hunter must take the deer to the appropriate check station upon its opening at 8:00 a.m. the following morning, or immediately upon retrieving it if that occurs later than the opening of the check station. If this situation occurs on a Sunday (e.g., the check station will not be open on Monday), the hunter must contact the appropriate regional DNR Law Enforcement Office by 10:00 a.m. Monday morning for instructions on checking in the deer. If the head/antlers are delivered to a taxidermist for processing, the temporary harvest tag must accompany the head/antlers and be kept with the head/antlers while at the taxidermist. If the carcass is taken to a meat processor, the permanent harvest tag must remain attached to the leg of the deer until it is processed, then must remain with the processed deer until it is at the legal residence of the person who legally took or possessed the deer. Persons delivering deer/parts of deer to a tanner for processing must supply the tanner with their deer permit number to verify lawful acquisition. In the absence of a permit number, the tanner may rely on the written certification of the person from whom the deer was received that the specimen was legally taken or obtained.

c) For counties in which Chronic Wasting Disease surveillance is not occurring:

1. Successful hunters during the firearm deer season must register their harvest by 10:00 p.m. on the same calendar day the deer was taken by calling the toll-free telephone check-in system at 1-866-ILCHECK or by accessing the on-line check-in system at www.dnr.illinois.gov. If a hunter is not able to locate a harvested deer in sufficient time to enable reporting the harvest by 10:00 p.m., the hunter must immediately report the harvest upon retrieving it. The hunter will be provided with a confirmation number to verify that he or she checked in the harvest. This number must be written by the hunter onto the temporary harvest tag (leg tag). If the condition of the tag precludes writing on the tag in the appropriate space (i.e., bloody, etc.), the confirmation number shall be written elsewhere on the tag, or onto a piece of paper and attached to the deer along with the temporary harvest tag. The deer must remain whole (or field dressed) until it has been checked in. In instances where deer are checked in while the hunter is still afield, the deer may not be dismembered while afield beyond quartering the animal. If quartered, all parts of the carcass (except the entrails removed during field dressing) must be transported together and evidence of sex must remain naturally attached to one quarter. Evidence of sex is:

A) For a buck: head with antlers attached to carcass, or attached testicle, scrotum, or penis.

B) For a doe: head attached to carcass, or attached udder (mammary) or vulva.

2. The temporary harvest tag (leg tag) and confirmation number must remain attached to the deer until it is at the legal residence of the person who legally took or possessed the deer, the deer has been checked in, and final processing is completed. If the head/antlers are delivered to a taxidermist for processing, the confirmation number must be recorded on the "head tag" portion of the permit and both must remain with the deer while at the taxidermist. If the carcass is taken to a meat processor, the temporary harvest tag with confirmation number must remain with the deer while it is processed, and until it is at the legal residence of the person who legally took or possessed the deer. Persons delivering deer/parts of deer to a tanner for processing must supply the tanner with either their deer permit number, their confirmation number, or a written certification by the person from whom the deer was received that the specimen was legally taken or obtained.

d) Site specific reporting requirements must be followed in addition to this Section.

History

• Source: Amended at 46 Ill. Reg. 18660, effective November 2, 2022

17 Ill. Adm. Code 650.50 Rejection of Application/Revocation of Permits (Repealed)

History

• Source: Repealed at 49 Ill. Reg. 11755, effective September 2, 2025

17 Ill. Adm. Code 650.60 Regulations at Various Department-Owned, -Leased or -Managed Sites

a) All the regulations in 17 Ill. Adm. Code 510 – General Hunting and Trapping On Department-Owned, -Leased or -Managed Sites apply in this Section, unless this Section is more restrictive.

b) It is unlawful to drive deer, or participate in a deer drive, on all Department-owned or -managed properties. A deer drive is defined as a deliberate action by one or more persons (whether armed or unarmed) whose intent is to cause deer to move within firearm range of one or more participating hunters.

c) Only one tree stand or ground blind is allowed per deer permit holder. Tree stands and ground blinds must comply with restrictions listed in 17 Ill. Adm. Code 510.10(c)(3) and (c)(12) and must be portable. Tree stands and ground blinds must be removed at the end of each day with the exception that they may be left unattended from September 15 - January 31 at those sites listed in this Section that are followed by a (1). Any tree stand or ground blind left unattended overnight must be legibly marked with the owner's name, address, and telephone number, or site assigned identification number.

d) Check-in, check-out, and reporting of harvest is required at those sites listed in this Section that are followed by a (2). Sites that require use of windshield cards by hunters as specified in 17 Ill. Adm. Code 510.10 are followed by a (6).

e) Only antlerless deer or antlered deer having at least four points on one side may be harvested at those sites listed in this Section that are followed by a (3).

f) Only antlerless deer or antlered deer having at least five points on one side may be harvested at those sites listed in this Section that are followed by a (4).

g) Statewide regulations shall apply at the following sites:

Alvah Borah State Habitat Area (1) (6)

Big Grand Pierre Glade State Natural Area (1) (6)

Cache River State Natural Area (1) (2)

Campbell Pond State Habitat Area (1) (6)

Cape Bend State Fish and Wildlife Area (1) (2)

Carlyle Lake Lands and Waters (Corps of Engineers managed lands except for Jim Hawn and East Spillway areas that are closed to firearm deer hunting)

Carlyle Lake State Fish and Wildlife Area (except subimpoundment areas and west of the Kaskaskia River) (6)

Cave-In-Rock State Park – Kaegi Tract (1) (6)

Crawford County Fish and Wildlife Area (1) (6)

Cretaceous Hills State Natural Area (1) (6)

Cypress Creek National Wildlife Refuge

Cypress Pond State Natural Area (1) (2)

Deer Pond State Natural Area (1) (2)

Devil's Island State Wildlife Management Area

Dog Island State Wildlife Management Area (1) (6)

Dug Hill State Fish and Wildlife Area (2)

Ferne Clyffe State Park − Cedar/Draper Bluff Hunting Area (1) (2)

Fort de Chartres State Historic Site (muzzleloading rifles only; no in-line muzzleloading rifles or muzzleloaders with scopes allowed) (1) (2)

George S. Park Memorial Woods State Natural Area (2)

Giant City State Park (1) (2)

Hamilton County State Conservation Area (1) (6)

Horseshoe Lake State Fish and Wildlife Area – Alexander County (all portions of the Public Hunting Area except the Controlled Hunting Area) (1) (2)

Kaskaskia River State Fish and Wildlife Area, excluding Doza Creek Water Management Area and Baldwin Lake Rest Area (1) (2, except south of Highway 154 and north of Highway 13)

Kinkaid Lake State Fish and Wildlife Area (1) (2)

Lake Le Aqua Na State Park (first season only; standby hunting allowed by Stephenson County permit holders if all blinds not filled by youth hunters; submission of all deer heads within 48 hours after harvest on site is required to test for the presence of Chronic Wasting Disease) (2)

Meeker State Habitat Area (1) (6)

Mermet Lake State Conservation Area (1) (6)

Miller-Anderson Woods State Natural Area (Bureau County permit holders may hunt the Bureau County portion of the Area and Putnam County permit holders may hunt the Putnam County portion of the Area) (2)

Mississippi State Fish and Waterfowl Management Area – Pools 25 and 26 (Batchtown, Crull Hollow and Godar Waterfowl Rest Areas are closed to hunting beginning 14 days before the regular duck season; areas reopen to hunting the day after duck season closes; it is unlawful to trespass upon the designated duck hunting areas between sunset of the Sunday immediately preceding opening day of regular duck season through the day before regular duck season as posted at the site; no deer hunting is allowed within 200 yards of an occupied duck blind; during duck season only, deer hunters may not access the designated duck hunting areas by launching a boat at certain specifically posted boat ramps; boat ramps reopen to deer hunters the day after duck season closes; hunting is allowed at Red's Landing and Riprap Landing walk-in areas from 12:00 p.m. to ½ hour after sunset during duck season, statewide hours during remainder of the season) (1)

Mississippi River Pool 16 (1)

Mississippi River Pools 17, 18 (1)

Mississippi River Pools 21, 22, 24 (1)

Oakford State Conservation Area

Pere Marquette State Park (1) (6)

Pyramid State Park – Captain, Denmark, East Conant, Galum and Park Units (3) (6)

Ralph Clover State Natural Area

Rend Lake State Fish and Wildlife Area and Corps of Engineers' managed areas of Rend Lake

Saline County State Fish and Wildlife Area (1) (6)

Sielbeck Forest State Natural Area (1) (6)

Skinner Farm State Habitat Area (1) (2)

Ten Mile Creek State Fish and Wildlife Area (areas designated as Waterfowl Rest Areas are closed to all access during the Canada Goose Season only) (1) (6)

Trail of Tears State Forest (1) (2)

Turkey Bluffs State Fish and Wildlife Area (1) (2)

Union County State Fish and Wildlife Area (Firing Line Unit only) (1) (2)

Weinberg-King State Park – Spunky Bottoms Unit (1) (6)

Wildcat Hollow State Forest (1) (6)

Wise Ridge State Natural Area (1)

h) Statewide regulations shall apply at the following sites by special permit allocated through the regular statewide drawing. Season dates that differ from the statewide dates are in parentheses. Sites that offer standby hunting are followed by a (5). At sites offering standby hunting, permit holders must register at the check station by 5:00 a.m. each day of the hunt. Unvalidated permits are void after 5:00 a.m. Vacancies each day may be filled by a drawing held at 5:00 a.m. Vacancies may be filled by any person holding a valid hunting license, Habitat Stamp, and Firearm Owner Identification Card, unless exempt. Standby hunters will be issued a one-day site-specific deer permit at the check station, and charged a permit fee of $5. All hunters must check out and report harvest. Sites that require use of windshield cards by hunters as specified in 17 Ill. Adm. Code 510.10 are followed by (6). In the event that Department budget reductions or site staffing reductions make the operation of check stations or issuance of standby permits impractical, changes to check station procedures and standby permit issuance will be publicly announced and posted at the site. If standby drawing or check station procedures are modified, then 17 Ill. Adm. Code 510.10(d)(3) shall apply.

Apple River Canyon State Park – Thompson and Salem Units (first or second season only) (6)

Argyle Lake State Park (1) (2) (5) (6)

Big River State Forest (2) (5) (6)

Burning Star State Fish and Wildlife Area (6)

Butterfield Trail State Recreation Area (6)

Carlyle Lake State Fish and Wildlife Area – East Fork Unit in Clinton County

Castle Rock State Park (first or second season only) (1) (5) (6)

Cedar Glen State Natural Area (1) (6)

Chain O'Lakes State Park (hunting from elevated stands only, 6 feet minimum above the ground except for designated accessible blinds; firearms must be fully enclosed in a case, except while the hunter is in an elevated stand or as otherwise authorized by an employee of the Department; all hunters must attend a site lottery drawing for designated hunter stations) (1) (2) (5)

Chauncey Marsh State Natural Area (1) (6)

Clinton Lake State Recreation Area (only in the area between County

Highway 14/Friends Creek Road and State Route 48 – both sides of lake) (6)

Coffeen Lake State Fish and Wildlife Area (6)

Copperhead Hollow State Fish and Wildlife Area (1) (6)

Des Plaines State Conservation Area (first season only) (2) (5)

Dixon Springs State Park (1) (2)

Embarras River Bottoms State Habitat Area (1) (6)

Ferne Clyffe State Park − Ferne Clyffe Hunting Area (1) (2)

Flag Pond State Natural Area (1) (6)

Fort Massac State Park (6)

Fox Creek State Fish and Wildlife Area (first season only) (6)

Fox Ridge State Park (1) (6)

Franklin Creek State Natural Area (first or second season only) (5) (6)

French Bluff State Natural Area (first or second season only) (1) (6)

Goose Lake Prairie State Natural Area/Heidecke State Fish and Wildlife Area (first or second season only) (2) (5)

Green River State Wildlife Area (first or second season only) (1) (5) (6)

Hanover Bluff State Natural Area (first or second season only) (6)

Harry "Babe" Woodyard State Natural Area (1) (6)

Henry Allan Gleason State Natural Area (6)

Hidden Springs State Forest (1) (6)

Horseshoe Lake State Fish and Wildlife Area – Refuge (Alexander County) (hunting only on the first Friday and Saturday of November) (2)

Iroquois County State Conservation Area (first season only) (5) (6)

Iroquois County State Conservation Area (second season only; no hunting in the controlled pheasant hunting area) (5) (6)

Jim Edgar Panther Creek State Fish and Wildlife Area (1) (6)

Jubilee College State Park (first or second season only) (1) (2) (5)

Kaskaskia River Fish and Wildlife Area (Baldwin Lake Rest Area; first or second season only; hunting from elevated stands only; six feet minimum above ground; hunting must occur within 20 yards of an assigned, numbered stake; an inhouse drawing will be held in mid-October for such assignments; hunters will be notified by mail of their hunting location; no hunters may enter the area before 5:00 a.m.); any hunter that has filled the Springfield-issued permit may purchase additional antlerless-only tags at the site office (1) (2) (5 − last 2 days of second season)

Kickapoo State Recreation Area (1) (6)

Kishwaukee River State Fish and Wildlife Area (first or second season only) (6)

Lake Le Aqua Na State Park (second season only; submission of all deer heads within 48 hours after harvest on site is required to test for the presence of Chronic Wasting Disease) (6)

Lake Shelbyville State Fish and Wildlife Area (must have valid permit for Lake Shelbyville Project Lands – Moultrie County) (6)

Lowden-Miller State Forest (first or second season only) (1) (5) (6)

Mackinaw River State Fish and Wildlife Area (1) (2) (5)

Marseilles Fish and Wildlife Area (first or second season only) (all tree stands must be removed no later than the last day of the archery deer season; unauthorized personnel may not be on the site outside of the posted check station operating hours; hunters may enter the site only from designated parking lots) (1) (2) (5)

Marshall State Fish and Wildlife Area (1) (2) (5)

Middle Fork State Fish and Wildlife Area (1) (6)

Mississippi Palisades State Park (first or second season only) (1) (5) (6)

Momence Wetlands State Natural Area

Moraine Hills State Park (first or second season permits only; hunting from elevated stands only, 6 feet minimum above ground except for designated accessible blinds; firearms must be fully enclosed in a case, except while the hunter is in an elevated stand or as otherwise authorized by an employee of the Department) (2) (5)

Morrison-Rockwood State Park (first season only) (5)

Newton Lake State Fish and Wildlife Area (6)

Paul C. Burrus State Habitat Area (6)

Peabody River King State Fish and Wildlife Area (any hunter that has filled the Springfield-issued permit may purchase additional antlerless-only tags at the site office)

Prairie Ridge State Natural Area (Jasper County) (6)

Rall Woods State Natural Area (first or second season only) (6)

Ray Norbut State Fish and Wildlife Area (1) (6)

Ray Norbut State Fish and Wildlife Area – Dutch Creek Unit (1) (6)

Revis Hill Prairie State Natural Area (6)

Sahara Woods State Recreation Area (1) (6)

Sand Ridge State Forest (6)

Sangamon County State Conservation Area (6)

Sanganois State Wildlife Area (Ash Swale Waterfowl Rest Area will be closed to deer hunting during the waterfowl hunting season) (1) (6)

Siloam Springs State Park (1) (6)

Siloam Springs State Park – Buckhorn Unit (1) (6)

Spoon River State Forest (first or second season only) (1) (6)

Starved Rock State Park (first or second season only; permit includes Starved Rock State Park, Matthiessen State Park, Margery C. Carlson State Natural Area, Mitchell's Grove State Natural Area and Sandy Ford State Natural Area; standby hunters may purchase up to 2 one-day site-specific antlerless-only permits each day) (2) (5)

Tapley Woods State Natural Area (first or second season only) (6)

Union County State Fish and Wildlife Area – Refuge (hunting only on the first Friday and Saturday of November (2)

Vesely Land and Water Reserve/Wilmington Shrub Prairie Nature Preserve (first or second season only) (6)

Wards Grove State Nature Preserve (first or second season only; antlerless only) (6)

Weinberg-King State Park (1) (6)

Weinberg-King State Park – Scripps Unit (1) (6)

Weldon Springs State Park − Piatt County Unit (6)

White Pines Forest State Park (Monday, Tuesday and Wednesday prior to the first statewide firearm deer season only) (2)

White Pines Forest State Park (Monday, Tuesday and Wednesday prior to the second statewide firearm deer season only) (2)

Winston Tunnel State Natural Area (first or second season only) (6)

Witkowsky State Wildlife Area (first or second season only) (6)

Wolf Creek State Park (for Corps of Engineers managed lands not managed by IDNR, contact Corps of Engineers, Lake Shelbyville office for specific deer hunting policy) (6)

History

• Source: Amended at 49 Ill. Reg. 11755, effective September 2, 2025

17 Ill. Adm. Code 650.65 Youth Hunt (Repealed)

History

• Source: Repealed at 25 Ill. Reg. 7231, effective May 22, 2001

17 Ill. Adm. Code 650.66 Special Hunts for Young Hunters

a) Statewide regulations shall apply, except as noted in parentheses, at the following sites by special permit allocated through the regular statewide drawing. Shooting is allowed from elevated tree stands, except as noted in parentheses. Applicants must not have reached their 18th birthday by the start of the season. Only one tree stand is allowed per person. Tree stands must comply with restrictions listed in 17 Ill. Adm. Code 510.10(c)(3) and must be portable. Tree stands may be set up the day before the hunt and shall be removed the day after. All tree stands must be marked with a site assigned identification number. Check-in, check-out and report of harvest is required.

Crab Orchard National Wildlife Refuge (first season only; public hunting area only, except area north of Route 13 is closed to firearm deer hunting)

Lake Le Aqua Na State Park (hunting from Department established ground blinds only; first season only; supervisors may hunt; submission of all deer heads within 48 hours after harvest on site is required to test for the presence of Chronic Wasting Disease)

b) Statewide regulations shall apply, except as noted in parentheses, at the following sites by special permit issued by site office. Applicants must not have reached their 18th birthday by the start of the season. Check-in, check-out and report of harvest is required.

Lost Mound Unit – Upper Mississippi River National Wildlife and Fish Refuge, including Stewardship Park and Eagles Landing (DNR owned) (First season only; supervisor may hunt; a special permit from United States Fish and Wildlife Service is required; contact the refuge for specific hunt details).

History

• Source: Amended at 46 Ill. Reg. 18660, effective November 2, 2022

17 Ill. Adm. Code 650.67 Special Hunts for Disabled Hunters

Statewide regulations apply; season dates are the Thursday, Friday, and Saturday immediately prior to the first firearm deer season, and the Thursday, Friday, and Saturday immediately following the second weekend of the regular firearm season unless otherwise noted in parentheses. Permit applications may be obtained from the appropriate site office, and completed applications must be returned to that office by the third Friday in October unless otherwise noted in parentheses. Disabled hunters must possess a Class P2A disability card in order to be eligible for the drawing. Additional regulations will be publicly announced.

Clinton Lake State Recreation Area (Thursday, Friday and Saturday prior to the first firearm deer season; completed applications must be returned by the first Friday in October) (2)

Horseshoe Lake State Fish and Wildlife Area – Refuge Area (first Saturday and Sunday of November; participants other than disabled hunters must take an antlerless deer before taking an antlered deer) (1) (2) (5)

Johnson-Sauk Trail State Park (first Thursday and Friday occurring after November 1) (2)

Jubilee College State Park (coincides with first firearm deer season) (2) (5)

Jubilee College State Park (coincides with second firearm deer season) (2) (5)

Rock Cut State Park (Thursday, Friday and Saturday prior to the first statewide firearm deer season) (2) (5)

Spoon River State Forest (first Saturday and Sunday in October following the completion of youth firearm deer season) (2)

Starved Rock State Park (coincides with first firearm deer season; permit applications may be obtained from the site office and completed applications must be returned to that office by the third Friday in October) (2) (5)

Starved Rock State Park (coincides with second firearm deer season; permit applications may be obtained from the site office and completed applications must be returned to that office by the third Friday in October) (2) (5)

Wayne Fitzgerrell State Park (the first Friday, Saturday and Sunday in November; permit applications may be obtained from the site office and completed applications must be returned to that office by October 1; all initial permits will be issued as antlerless only; hunters must harvest an antlerless deer onsite before they can purchase an either-sex site-specific permit; hunters must check antlerless deer with site staff for verification to get the either-sex permit) (2) (5)

Wolf Creek State Park (coincides with the first firearm season; permit applications may be obtained from the park office or the U.S. Army Corps of Engineers, Lake Shelbyville Project Office, 1989 State Hwy. 16, Shelbyville IL 62565; applications must be submitted by March 30, prior to hunt) (2)

History

• Source: Amended at 49 Ill. Reg. 11755, effective September 2, 2025

17 Ill. Adm. Code 650.70 Special Extended Season Firearm Deer Hunt (Repealed)

History

• Source: Repealed at 10 Ill. Reg. 16665, effective September 22, 1986

17 Ill. Adm. Code 660.10 Statewide Season and Permit Quotas

a) Season: One-half hour before sunrise on Friday of the third 3-day (Friday, Saturday, Sunday) weekend following Thanksgiving to one-half hour after sunset on Sunday of this 3-day weekend in December. The hunter with a Muzzleloading Rifle Deer Permit may also hunt during the second firearm deer season (the first 4-day weekend – Thursday, Friday, Saturday and Sunday – following Thanksgiving), providing the hunter must use only a legal muzzleloading rifle and must abide by 17 Ill. Adm. Code 650.60 when hunting on Department-owned or -managed sites. Hunting hours are one-half hour before sunrise to one-half hour after sunset.

b) Permit quotas shall be set by the Department of Natural Resources (Department) on a county or special hunt area basis. Cook, DuPage and Lake counties, and that portion of Kane County east of State Route 47, are closed to muzzleloading rifle deer hunting.

History

• Source: Amended at 49 Ill. Reg. 11774, effective September 2, 2025

Chapter I Department of Natural Resources

Subchapter b Fish and Wildlife

Part 660 White-Tailed Deer Hunting by Use of Muzzleloading Rifles

17 Ill. Adm. Code 660.20 Statewide Deer Permit Requirements

a) All deer hunters must have a current, valid Muzzleloading Rifle Deer Permit. Fees for deer permits are as follows:

1. Illinois Resident Permits (issued by Deer Permit Office):

Either-sex − $25

Bonus antlerless-only − $17.50

Antlerless only for Special Hunt Areas with antlerless-only hunts − $25

2. Nonresident Permits (issued by Deer Permit Office):

Either-sex − $300

Bonus antlerless-only − $25

Antlerless-only for Special Hunt Areas with antlerless-only hunts − $300

3. In addition to a Special Hunt Area Permit issued under subsection (a)(1) or (a)(2), a hunter may obtain additional Special Hunt Area Permits, issued by staff at the Special Hunt Area, when unfilled permits are available. Fees:

Either-sex (full, 1st or 2nd season) − $25 regardless of residency

Antlerless-only (full, 1st or 2nd season) − $17.50 regardless of residency

One-day standby permits − $5 regardless of residency

4. Over-the-Counter Permits sold by license vendors pursuant to subsection (h) (all prices in this subsection (a)(4) include vendor's issuing fee):

Resident either-sex − $25.50

Resident antlerless-only − $18.00

Nonresident either-sex − $300.50

Nonresident bonus antlerless-only (hunter has obtained, for the current year, a muzzleloader either sex permit, or has a valid landowner firearm either-sex permit) − $25.50

Nonresident antlerless-only (hunter has not obtained the required either-sex permit) – $100.50

b) A permit is issued for one county or special hunt area and is valid only in the county, where permission to hunt has been obtained from the property owner, or special hunt area stated on the permit. During the First Lottery and Second Lottery, applicants who receive an either-sex permit in a county or special hunt area are eligible for a bonus antlerless-only permit for that county or special hunt area (with the exception of special hunt areas offering antlerless-only hunts). During the Third Lottery, antlerless-only permits remaining in the quota will be made available to resident applicants regardless of whether those applicants already possess an either-sex permit, but nonresident applicants must have a muzzleloader either-sex permit or landowner firearm either-sex permit in order to obtain an antlerless-only permit. For permit applications and other information write to:

Department of Natural Resources

(Muzzleloading Rifle)

Deer Permit Office

P.O. Box 19227

Springfield IL 62794-9227

c) Applications from Illinois residents for participation in the First Lottery Drawing shall be accepted through April 30 of the current year. Nonresidents may not apply to participate in the First Lottery Drawing. Applications received after April 30 shall not be included in this lottery. Permits shall be allocated in a computerized random drawing. Permits shall be issued as either-sex, antlerless-only or antlered only. A maximum of one either-sex and one antlerless-only permit shall be issued per person. Lifetime licenses issued after August 15, 2006 shall not qualify a non-resident of Illinois for a resident deer permit.

d) Applicants must complete all portions of the current year permit application form. Incomplete or incorrect applications will be returned along with the applicant's permit fee for correction or completion if received in the Permit Office prior to the last weekday in April of the current year.

e) Applicants must check the antlerless-only box and provide the appropriate fee to apply for an additional antlerless-only permit. Antlerless-only permits will be issued until the antlerless-only quota is filled for a given county or special hunt area.

f) Permits for counties and special hunt areas with unfilled quotas after the First Lottery Drawing shall be allocated in a Second Lottery Drawing. This drawing is open only to nonresident applicants and to Illinois residents who were not previously issued muzzleloader permits for the current hunting season. Illinois residents will be given preference for permits allocated in the Second Lottery Drawing. Applications for the Second Lottery Drawing will be accepted through June 30 of the current year. Applicants may also apply for remaining antlerless-only permits by checking the antlerless-only box and providing the appropriate fee. A list of unfilled counties shall be announced upon becoming available after the First Lottery Drawing. Applicants must apply on a current year Muzzleloading Rifle Deer Permit application form. A maximum of one either-sex and one antlerless-only permit shall be issued per person.

g) A Third Lottery Drawing will be held during which any Illinois resident (regardless of any other deer permit he or she may have) may apply for one or more either-sex and/or antlerless-only permits for counties or special hunt areas with unfilled quotas. Nonresidents may also apply, but must have received a muzzleloader either-sex permit or landowner firearm either-sex permit in order to obtain an antlerless-only permit in this drawing. Applications for the Third Lottery Drawing will be accepted through the third Friday in August of the current year. A list of unfilled counties and special hunt areas will be announced upon becoming available after the Second Lottery Drawing. Applicants must apply on a current year Muzzleloading Rifle Deer Permit application form. All applications for the Third Lottery will be processed individually (i.e., no group applications will be processed).

h) Permits remaining after the Third Lottery Drawing will be available over-the-counter (OTC) from agents designated by the Department (pursuant to 17 Ill. Adm. Code 2520) beginning the third Tuesday in October on a first-come, first-served basis. Permits will be sold until quotas are exhausted, or until the close of the muzzleloader deer season, whichever occurs first. Persons may purchase one or more permits during this period, subject to availability. Persons purchasing OTC deer permits must supply all necessary applicant information to the agents in order to properly complete the permit.

i) Hunter preference in obtaining a muzzleloading rifle permit during the First Lottery Drawing shall be given to individuals that applied for an either-sex muzzleloading permit in the previous year's First Lottery Drawing who were rejected because the quota was depleted in their county choices. The following criteria must be met to obtain a preference in the muzzleloading rifle First Lottery Drawing:

1. The applicant must apply using the official agency application.

2. The applicant must be a resident of the State, be eligible to receive a Muzzleloading Rifle Deer Permit, and not had deer hunting privileges revoked pursuant to Section 660.50.

3. The applicant must apply for the same county choices that he/she listed on the previous year's application. Preference will not be granted for special hunt areas.

4. Where applicants apply as a group, preference for the entire group shall apply as it does above for the individual. All county choices for the group must be identical.

j) Applications shall be accepted at the counter window of the permit office; however, permits for the First Lottery, Second Lottery and Third Lottery Drawing shall be mailed. In-person, mail-in and electronic applications will receive equal treatment in the drawings.

k) Permits are not transferable. For the purpose of this Section, "transfer" means the modification or changing, by the Department or any other person, individual or group of the name or the location on an issued permit to another person or location.

l) A $3 service fee shall be charged for replacement permits issued by the Department, except when permits are lost in the mail, then there shall be no charge. The procedures for obtaining a replacement license are detailed in 17 Ill. Adm. Code 2520.50. Monies derived from this source shall be deposited in the Wildlife and Fish Fund.

m) The period for accepting applications for the First and Second Lottery periods shall be extended if applications are not available to the public by April 1. A news release will announce the extension of the application period.

n) Refunds and Cancellations

1. A refund shall be issued by the Department for a permit that has been granted, or for an application that has been submitted, under the following circumstances:

A) The State managed or owned site for which the permit was issued was closed due to a national or State issued emergency or disaster declaration or any other emergency circumstance that resulted in the Department closing access to the hunting site, park or area. Issued permits shall be cancelled by the Department. This subsection (n) shall include, but is not limited to, closure of State parks, fish and wildlife areas, and recreation areas by the Department as a response to a Gubernatorial Disaster Proclamation or executive order;

B) The applicant for a permit was unsuccessful in obtaining a permit in the lottery for which the applicant applied; or

C) Upon the request of the permit holder, a permit was issued due to an error of the Department, the OTC point-of-sale vendor or the applicant. The permit that was issued in error and the request for a refund must be delivered to the Department before the first day of the season listed on the permit. Permits shall be considered delivered to the Department if the permit is received or postmarked before the first day of the season listed on the permit; or

D) Upon the return of an issued permit to the Department before the first day of the season listed on the issued permit. Permits shall be considered delivered to the Department if the permit is received or postmarked before the first day of the season listed on the permit. No refund shall be issued under this subsection (n)(1)(D) if the permit is not returned or postmarked after the first day of the season listed on the permit.

2. A permit shall be cancelled if a refund is approved pursuant to subsection (n)(1)(A), (C) or (D). Once a permit has been cancelled, the cancelled permit shall not count towards the total number of permits that an applicant may obtain for the hunting season that the cancelled permit was issued.

3. Upon the request of a permit holder, a refund may be issued by the Department for a permit that has been granted under the following circumstances:

A) A medical condition or death of the permit holder that prevented the permit holder from hunting. A death certificate or medical documentation showing that the permit holder was unable to or advised not to hunt may be required by the Department before any refund is issued. Requests must be made within 90 days after the start of the season that the permit was issued for and must accompany the return of the permit to the Department at its headquarters in Springfield, Illinois. No refunds shall be issued under this subsection if the request or permit is delivered to the Department at its headquarters in Springfield, Illinois 90 days after the first day of the season listed on the permit; or

B) The permit holder was unable to travel or use the permit that was issued due to a national or State issued emergency or disaster declaration that resulted in a danger to the health or safety of the permit holder had they attempted to use the issued permit. Requests must be made within 60 days after the start of the season for which the permit was issued and must accompany the return of the permit to the Department at its headquarters in Springfield, Illinois. No refund shall be issued under this subsection (n)(3)(B) if the request or permit is delivered or postmarked 60 days after the first day of the season listed on the permit.

C) A permit that was issued due to an error of the Department, the OTC point-of-sale vendor, or the applicant, if the permit is returned to the Department before the last day of the season for which the permit was issued.

History

• Source: Amended at 46 Ill. Reg. 18684, effective November 2, 2022

17 Ill. Adm. Code 660.21 Deer Permit Requirements – Landowner/Tenant Permits

Unfilled POH firearm deer permits that authorize various types of property owners/tenants to hunt only on their owned or leased land, issued pursuant to 17 Ill. Adm. Code 528, shall be valid only on lands owned/leased by the permit holder during the muzzleloading rifle season. However, the only valid weapon during the muzzleloading rifle season is a muzzleloading rifle which meets the requirements of Section 660.30.

History

• Source: Amended at 49 Ill. Reg. 11774, effective September 2, 2025

17 Ill. Adm. Code 660.22 Deer Permit Requirements – Special Hunts

Special hunt sites are defined as those sites that are owned or controlled by agencies/entities other than the Department, or sites at which the Department only controls a portion of the property designated for deer hunting, and that issue deer hunting permits through the statewide lottery process. The Permit Office issues deer hunting permits through a computerized drawing for the following sites, in addition to the Department-owned or -managed sites listed in Section 660.60(h):

Delair Division, Great River National Wildlife Refuge (second 2-day (Saturday and Sunday) weekend in January, unless January 1 falls on a Saturday, in which case hunt will be third 2-day weekend in January)

Midewin National Tallgrass Prairie (closed during the second firearm deer season; additional site pass is required; check-in, check-out and reporting of harvest is required)

History

• Source: Amended at 49 Ill. Reg. 11774, effective September 2, 2025

17 Ill. Adm. Code 660.25 Deer Permit Requirements – Group Hunt

a) Up to six individuals may apply to hunt as a group during the First and Second Lottery Drawings.

b) Each individual must sign his or her own application.

c) In order to receive preference for the group, all members must have preference for the same county choice. If any member does not have preference for the group's first county choice, the entire group shall not receive preference.

d) Applicants applying as a group shall be rejected if they do not list the same county choice and complete the group leader information listing the identical group leader.

e) Since Illinois residents are given preference for permits allocated in the Second Lottery Drawing, groups containing both resident and non-resident applicants will be treated as non-residents.

History

• Source: Amended at 49 Ill. Reg. 11774, effective September 2, 2025

17 Ill. Adm. Code 660.30 Statewide Muzzleloading Rifle Requirements

a) The only legal hunting device is a single or double barreled muzzleloading rifle of at least .45 caliber shooting a single projectile through a barrel of at least 16 inches in length.

b) The standards and specifications for muzzleloading rifles and ammunition are as follows:

1. A muzzleloading rifle is defined as a rifle into which the projectile is incapable of being inserted from the breech end.

2. The minimum size of the muzzleloading rifle projectile shall be .44 caliber. A wad or sleeve is not considered a projectile or a part of the projectile. Non-expanding, military-style full metal jacket bullets cannot be used to harvest white-tailed deer; only soft point or expanding bullets (including copper/copper alloy rounds designed for hunting) are legal ammunition.

3. Only black powder or a "black powder substitute" such as Pyrodex may be used. Modern smokeless powders (nitrocellulose-based) are an approved blackpowder substitute only in muzzleloading rifles that are specifically designed for their use.

4. Only percussion (cap or primer), wheellock, matchlock, flintlock or electronic ignition may be used.

5. The following shall constitute an unloaded muzzleloading rifle:

A) removal of percussion cap/primer;

B) removal of prime powder from frizzen pan with frizzen open and hammer all the way down;

C) removal of prime powder from flashpan and wheel unwound;

D) removal of prime powder and match with match not lit; or

E) removal of the battery from the electronic ignition.

c) It shall be unlawful to use or possess any other firearm or ammunition in the field while hunting white-tailed deer during the muzzleloading rifle deer season. However, the lawful possession of firearms to take furbearing mammals and game mammals other than deer by persons other than muzzleloading deer hunters shall not be prohibited during the muzzleloading rifle deer season as set in Section 660.10.

History

• Source: Amended at 49 Ill. Reg. 11774, effective September 2, 2025

17 Ill. Adm. Code 660.40 Statewide Deer Hunting Rules

a) The bag limit is one deer per legally authorized either-sex, antlered-only or antlerless-only permit. All either-sex permits and antlered-only permits are subject to the following restriction: no hunter, regardless of the quantity or type of permits in his/her possession, may harvest more than 2 antlered deer during a year, including the youth, archery, muzzleloader, and firearm seasons. For purposes of this Section, deer seasons are considered to be in the same year if their opening dates fall within the same 12-month period that begins on July 1. A hunter in possession of an either-sex permit after having harvested 2 antlered deer during a year, as defined above, may only use the permit to harvest an antlerless deer. Subject to this restriction, an either-sex permit holder is allowed to take a deer with or without antlers and an antlered-only permit holder is allowed to take only a deer having at least one antler of a length of 3 or more inches. An antlerless only permit holder is allowed to take only a deer without antlers or a deer having antlers less than 3 inches long.

b) Recipients of the Muzzleloading Rifle Deer Hunting Permit shall record their signature on the permit prior to hunting and must carry it on their person while hunting.

c) The temporary harvest tag shall be attached and properly sealed immediately upon kill and before the deer is moved, transported or field dressed. No person shall leave any deer that has been killed without properly attaching the temporary harvest tag to the deer in the manner prescribed on the permit.

d) Hunters shall not have in their possession, any deer permit issued to another person, while in the field during muzzleloading rifle deer season (permits are non-transferable).

e) Permits will not be re-issued in cases involving deer taken which are found to be diseased or spoiled due to previous injury. Legal disposal of unfit deer taken shall be the responsibility of the hunter. For those hunters participating in the Department's Chronic Wasting Disease Surveillance Program, a free permit for the same county or special hunt area will be made available the subsequent year if the hunter's tested deer is determined to have chronic wasting disease.

History

• Source: Amended at 49 Ill. Reg. 11774, effective September 2, 2025

Chapter I Department of Natural Resources

Subchapter b Fish and Wildlife

Part 660 White-Tailed Deer Hunting by Use of Muzzleloading Rifles

17 Ill. Adm. Code 660.45 Reporting Harvest

a) Successful hunters must register their harvest by 10:00 p.m. on the same calendar day the deer was taken by calling the toll-free telephone check-in system at 1-866-ILCHECK or by accessing the on-line check-in system at www.dnr.illinois.gov. If a hunter is not able to locate a harvested deer in sufficient time to enable reporting the harvest by 10:00 p.m., the hunter must immediately report the harvest upon retrieving it. The hunter will be provided with a confirmation number to verify that he or she checked in the harvest. This number must be written by the hunter onto the temporary harvest tag (leg tag). If the condition of the tag precludes writing on the tag in the appropriate space (i.e., bloody, etc.), the confirmation number shall be written elsewhere on the tag, or onto a piece of paper and attached to the deer along with the temporary harvest tag. The deer must remain whole (or field dressed) until it has been checked in. In instances where deer are checked in while the hunter is still afield, the deer may not be dismembered while afield beyond quartering the animal. If quartered, all parts of the carcass (except the entrails removed during field dressing) must be transported together and evidence of sex must remain naturally attached to one quarter. Evidence of sex is:

1. For a buck: head with antlers attached to carcass, or attached testicle, scrotum, or penis.

2. For a doe: head attached to carcass, or attached udder (mammary) or vulva.

b) The temporary harvest tag (leg tag) and confirmation number must remain attached to the deer until it is at the legal residence of the person who legally took or possessed the deer, the deer has been checked in, and final processing is completed. If the head/antlers are delivered to a taxidermist for processing, the confirmation number must be recorded on the "head tag" portion of the permit and both must remain with the deer while at the taxidermist. If the carcass is taken to a meat processor, the temporary harvest tag with confirmation number must remain with the deer while it is processed, and until it is at the legal residence of the person who legally took or possessed the deer. Persons delivering deer/parts of deer to a tanner for processing must supply the tanner with either their deer permit number, their confirmation number, or a written certification by the person from whom the deer was received that the specimen was legally taken or obtained.

c) In counties where Chronic Wasting Disease surveillance is occurring during the firearm deer season (17 Ill. Adm. Code 650.45(a)), successful hunters using their muzzleloading rifle deer permits during the second weekend of the firearm season may, at their option, register their harvest at a designated firearm deer check station by 8:00 p.m. on the day the deer was killed. In this situation, the "head tag" portion of the permit will be retained at the check station, and a permanent harvest tag will be attached to the deer upon registration. Tagging requirements for deer delivered to taxidermists, meat processors, and tanners will be as described in 17 Ill. Adm. Code 650.45(a). Muzzleloader hunters required to report under this subsection, but who are unable to locate a harvested deer in sufficient time to report the harvest by 8:00 p.m., must report the harvest as described in subsection (a).

d) Site specific reporting requirements must be followed in addition to this Section.

History

• Source: Amended at 46 Ill. Reg. 18684, effective November 2, 2022

17 Ill. Adm. Code 660.50 Rejection of Application/Revocation of Permits (Repealed)

History

• Source: Repealed at 49 Ill. Reg. 11774, effective September 2, 2025

17 Ill. Adm. Code 660.60 Regulations at Various Department-Owned, -Leased or -Managed Sites

a) All the regulations in 17 Ill. Adm. Code 510 – General Hunting and Trapping On Department-Owned, -Leased or -Managed Sites apply in this Section, unless this Section is more restrictive.

b) Only one tree stand or ground blind is allowed per deer permit holder. Tree stands and ground blinds must comply with restrictions listed in 17 Ill. Adm. Code 510(c)(3) and (c)(12), and must be portable. Tree stands and ground blinds must be removed at the end of each day with the exception that they may be left unattended from September 15 - January 31 at those sites listed in this Section that are followed by a (1). Any tree stand or ground blind left unattended overnight must be legibly marked with the owner's name, address, and telephone number, or site assigned identification number.

c) To drive deer or participate in a deer drive on all Department-owned or -managed properties is prohibited. A deer drive is defined as a deliberate action by one or more persons (whether armed or unarmed) whose intent is to cause deer to move within firearm range of one or more participating hunters.

d) Check-in, check-out and reporting of harvest is required at those sites listed in this Section that are followed by a (2). Sites that require use of windshield cards by hunters as specified in 17 Ill. Adm. Code 510.10 are followed by a (7).

e) Disabled preferred hunting opportunities are provided at those sites listed in this Section that are followed by a (3).

f) Only antlerless deer or antlered deer having at least four points on one side may be harvested at those sites listed in this Section that are followed by a (4).

g) Only antlerless deer or antlered deer having at least five points on one side may be harvested at those sites listed in this Section that are followed by a (5).

h) Statewide regulations shall apply at the following sites:

Alvah Borah State Habitat Area (1) (7)

Big Grand Pierre Glade State Natural Area (1) (7)

Burning Star State Fish and Wildlife Area (7)

Cache River State Natural Area (1) (2)

Campbell Pond State Fish and Wildlife Area (1) (7)

Cape Bend State Fish and Wildlife Area (1) (2)

Carlyle Lake State Fish and Wildlife Area except subimpoundment areas and west of the Kaskaskia River (7)

Carlyle Lake Lands and Waters – Corps of Engineers managed lands (closed to firearm deer hunting in the Jim Hawn and East Spillway Areas)

Cave-In-Rock State Park – Kaegi Tract (1) (7)

Chauncey Marsh State Natural Area (1) (7)

Copperhead Hollow State Wildlife Area (1) (7)

Crawford County State Fish and Wildlife Area (1) (7)

Cretaceous Hills State Natural Area (1) (7)

Cypress Creek National Wildlife Refuge

Cypress Pond State Natural Area (1) (2)

Deer Pond State Natural Area (1) (2)

Devil's Island State Wildlife Management Area

Dixon Springs State Park (1) (2)

Dog Island State Wildlife Management Area (1) (7)

Dug Hill State Fish and Wildlife Area (2)

Ferne Clyffe State Park – Cedar/Draper Bluff Hunting Area (1) (2)

Ferne Clyffe State Park – Ferne Clyffe Hunting Area (1) (2)

Fort de Chartres State Historic Site (no in-line muzzleloading rifles or muzzleloaders with scopes allowed) (1) (2)

George S. Park Memorial Woods State Natural Area (2)

Giant City State Park (1) (2)

Hamilton County State Fish and Wildlife Area (1) (7)

Horseshoe Lake State Fish and Wildlife Area – Alexander County (all portions of the Public Hunting Area except the Controlled Hunting Area) (1) (2)

Kaskaskia River State Fish and Wildlife Area (1) (2, except south of Highway 154 and north of Highway 13) (Doza Creek Waterfowl Management Area is closed during duck season)

Kinkaid Lake State Fish and Wildlife Area (1) (2)

Marshall State Fish and Wildlife Area (1) (7)

Meeker State Habitat Area (1) (7)

Mermet Lake State Conservation Area (1) (7)

Miller-Anderson Woods State Natural Area (Bureau County permit holders may hunt the Bureau County portion of the area and Putnam County permit holders may hunt the Putnam County portion of the area) (2)

Mississippi River Pool 16 (1)

Mississippi River Pool 17 (1)

Mississippi River Pool 18 (1)

Mississippi River Pools 21, 22, 24 (1)

Mississippi State Fish and Waterfowl Management Area – Pools 25 and 26 (Batchtown, Crull Hollow and Godar Waterfowl Rest Areas are closed to hunting beginning 14 days before the regular duck season; areas reopen to hunting the day after duck season closes; it is unlawful to trespass upon the designated duck hunting areas between sunset of the Sunday immediately preceding opening day of regular duck season through the day before regular duck season as posted at the site; no deer hunting is allowed within 200 yards of an occupied duck blind; during duck season only, deer hunters may not access the designated duck hunting areas by launching a boat at certain specifically posted boat ramps; boat ramps reopen to deer hunters the day after duck season closes; hunting is allowed at Red's Landing and Riprap Landing walk-in areas from 12:00 p.m. to ½ hour after sunset during duck season, statewide hours during remainder of the season) (1)

Oakford State Conservation Area

Pere Marquette State Park (hunting in designated area only) (1) (7)

Pyramid State Park − Captain, Denmark, East Conant, Galum and Park Units (4) (7)

Ralph Clover State Natural Area

Ray Norbut State Fish and Wildlife Area (closed during second firearm deer season) (1) (7)

Ray Norbut State Fish and Wildlife Area – Dutch Creek Unit (closed during second firearm deer season) (1) (7)

Rend Lake State Fish and Wildlife Area Corps of Engineers' managed areas of Rend Lake

Saline County State Fish and Wildlife Area (1) (7)

Sand Ridge State Forest (closed during second firearm deer season) (7)

Sielbeck Forest State Natural Area (1) (7)

Skinner Farm State Habitat Area (1) (7)

Ten Mile Creek State Fish and Wildlife Area (areas designated as Waterfowl Rest Areas are closed to all access during the Canada Goose Season only) (1) (7)

Trail of Tears State Forest (1) (2)

Turkey Bluffs State Fish and Wildlife Area (1) (2)

Union County State Fish and Wildlife Area (Firing Line Unit only) (1) (2)

Weinberg-King State Park (1) (7)

Weinberg-King State Park − Scripps Unit (1) (7)

Weinberg-King State Park – Spunky Bottoms Unit (1) (7)

Wildcat Hollow State Forest (1) (7)

Wise Ridge State Natural Area (1)

i) Statewide regulations shall apply at the following sites by special permit allocated through the regular statewide drawing. Season dates that differ from the statewide dates are in parentheses. Sites that offer standby hunting are followed by a (6). At sites offering standby hunting, permit holders must register at the check station by 5:00 a.m. each day of the hunt. Unvalidated permits are void after 5:00 a.m. Vacancies each day may be filled by a drawing held at 5:00 a.m. Vacancies may be filled by any person holding a valid hunting license, Habitat Stamp, and Firearm Owner Identification Card, if required. Standby hunters will be issued a one-day site-specific deer permit at the check station, and charged a permit fee of $5. All hunters must check out and report harvest. In the event that Department budget reductions or site staffing reductions make the operation of check stations or issuance of standby permits impractical, changes to check station procedures and standby permit issuance will be publicly announced and posted at the site. If standby drawing or check station procedures are modified, then modifications will be posted at the site and 17 Ill. Adm. Code 510.10(d)(3) shall apply.

Apple River Canyon State Park – Thompson and Salem Units (closed during the second firearm deer season) (7)

Argyle Lake State Park (closed during the second firearm deer season) (1) (6) (7)

Butterfield Trail State Recreation Area (closed during the second firearm deer season) (7)

Carlyle State Fish and Wildlife Area – East Fork Unit in Clinton County

Castle Rock State Park (closed during second firearm season) (6) (7)

Cedar Glen State Natural Area (closed during the second firearm deer season) (1) (7)

Clinton Lake State Recreation Area (North Fork Management Unit, north of the county road at the North Fork boat ramp) (7)

Embarras River Bottoms State Habitat Area (closed during the second firearm deer season) (1) (7)

Fort Massac State Park (closed during second firearm deer season) (7)

French Bluff State Natural Area (closed during the second firearm deer season) (1) (7)

Goose Lake Prairie State Natural Area/Heidecke Lake State Fish and Wildlife Area (closed during the second firearm deer season) (2) (6)

Hanover Bluff State Natural Area (closed during the second firearm deer season) (7)

Harry "Babe" Woodyard State Natural Area (closed during second firearm deer season) (1) (7)

Hidden Springs State Forest (closed during second firearm deer season) (1) (7)

Horseshoe Lake State Park – Madison County (closed during second firearm deer season; antlerless only) (1)

Jim Edgar Panther Creek State Fish and Wildlife Area – Open Unit (closed during second firearm deer season) (1) (7)

Jubilee College State Park (closed during the second firearm deer season) (1) (2) (6)

Kickapoo State Recreation Area (closed during the second firearm deer season) (1) (7)

Lake Shelbyville Project Lands in Moultrie County (closed during the second firearm deer season; antlerless only; for Corps of Engineers managed lands not managed by DNR, contact Corps of Engineers, Lake Shelbyville office for specific deer hunting policy) (1)

Lake Shelbyville Project Lands in Shelby County (closed during the second firearm deer season; antlerless only; for Corps of Engineers managed lands not managed by DNR, contact Corps of Engineers, Lake Shelbyville office for specific deer hunting policy) (1)

Lake Shelbyville State Fish and Wildlife Area (closed during the second firearm deer season; antlerless-only; must have valid permit for Lake Shelbyville Project Lands – Moultrie County) (7)

Mackinaw State Fish and Wildlife Area (closed during second firearm deer season) (1) (2)

Marseilles State Fish and Wildlife Area (closed during second firearm deer season) (all tree stands must be removed from this area no later than sunset of the last day of archery deer season; unauthorized personnel may not be on the site outside of the posted check station operating hours; hunters may enter the site only from designated parking lots) (1) (2) (6)

Middle Fork State Fish and Wildlife Area (closed during second firearm deer season) (1) (7)

Prairie Ridge State Natural Area (closed during second firearm deer season) (7)

Rall Woods State Natural Area (closed during the second firearm deer season) (7)

Sahara Woods State Recreation Area (1) (7)

Sangchris Lake State Park (closed during the second firearm deer season) (1) (2) (4)

Sangamon County State Conservation Area (closed during second firearm deer season) (1)

Sanganois State Fish and Wildlife Area (Ash Swale Waterfowl Rest Area will be closed to deer hunting during the waterfowl hunting seasons) (1) (7)

Siloam Springs State Park (closed during second firearm deer season) (7) (1)

Siloam Springs State Park – Buckhorn Unit (resident-only; closed during second firearm season) (1) (7)

Spoon River State Forest (closed during second firearm deer season) (1) (7)

Starved Rock State Park (closed during the second firearm deer season; permit includes Starved Rock State Park, Matthiessen State Park, Margery C. Carlson State Natural Area, Mitchell's Grove State Natural Area and Sandy Ford State Natural Area; hunt is open in Zone A; standby hunters may purchase up to 2 one-day site-specific antlerless-only permits each day) (2) (6)

Tapley Woods State Natural Area (closed during the second firearm deer season) (7)

Wards Grove State Nature Preserve (closed during the second firearm deer season; antlerless deer only) (7)

Winston Tunnel State Natural Area (closed during the second firearm deer season) (7)

Witkowsky State Wildlife Area (closed during the second firearm deer season) (7)

History

• Source: Amended at 49 Ill. Reg. 11774, effective September 2, 2025

17 Ill. Adm. Code 670.10 Statewide Open Seasons and Counties

a) All regulations set forth in Section 2.26 of the Wildlife Code apply in this Part.

b) For Cook, DuPage and Lake counties, and that portion of Kane County east of State Route 47 – October 1 through the first Sunday after January 13.

c) For all other counties, or parts of counties – October 1 through the first Sunday after January 13, closed during the period when deer hunting with a firearm is permitted as set out in 17 Ill. Adm. Code 650, except Department of Natural Resources owned or managed sites designated in Section 670.60 by an asterisk (*) shall be open to archery deer hunting without regard to firearm deer season (no firearm deer hunting pursuant to 17 Ill. Adm. Code 650 allowed).

History

• Source: Amended at 49 Ill. Reg. 11791, effective September 2, 2025

Chapter I Department of Natural Resources

Subchapter b Fish and Wildlife

Part 670 White-Tailed Deer Hunting by Use of Bow and Arrow

17 Ill. Adm. Code 670.20 Statewide Deer Permit Requirements

a) All archery deer hunters must have a current, valid Illinois archery deer permit. Archery deer permits (except landowner/tenant hunting permits and nonresident permits issued to clients of outfitters as detailed in Section 670.20(c)) will authorize the holder to hunt in any of the open counties of the State, on property where permission to hunt has been obtained from the property owner. Nonresident archery deer permits issued to outfitter clients who received a permit based on the preference given to outfitter clients are valid only on property controlled by the outfitter used to gain preference.

b) Resident Permits

1. Resident archery deer permits are available over-the-counter (OTC) from agents designated by the Department (pursuant to 17 Ill. Adm. Code 2520) as combination permits, each consisting of one either-sex permit and one antlerless-only permit, or as a single antlerless-only permit. The fee for a resident archery combination permit shall be $25; a resident archery single antlerless-only permit shall be $15. While there is no limit to the number of archery deer permits that an individual resident may purchase, no one may harvest more deer than allowed by the restrictions prescribed in Section 670.40. Lifetime licenses issued after August 15, 2006 shall not qualify a nonresident of Illinois for a resident deer permit.

2. In addition to the permits listed in subsection (b)(1), resident hunters have the option of purchasing a maximum of one resident single either-sex permit for a fee of $15. Applicants must submit an application to the Permit Office using the official current Resident Single Either-Sex Archery Deer Permit application form by September 1. Applications are available from the DNR website at http://www.dnr.illinois.gov. Applications submitted on forms from previous years will be returned. Applicants must complete all portions of the permit application form. Incomplete applications and fees will be returned. Each applicant must submit a personal check or money order with an individual's application.

c) Nonresident Permits

1. A limited number of nonresident archery deer permits is available as combination permits, each consisting of one either-sex permit and one antlerless-only permit. The fee for the nonresident combination archery deer permit shall be $410. Nonresident hunters may apply June 1 through June 30 via DNR website at www.dnr.illinois.gov. Applicants may apply for and receive a maximum of one nonresident combination archery deer permit during a license year. (Note: Receiving nonresident landowner archery deer permits does not preclude the recipient from also applying for and receiving the regular nonresident combination archery deer permit.) The number of nonresident combination archery deer permits shall be limited to 25,000, with clients of outfitters currently permitted by the Department of Natural Resources given preference in the drawing for the first 7,500. Clients of permitted outfitters should contact the outfitter prior to applying to receive a certification number to be used in the application process to verify their outfitter client status. Permits will be allocated using a computerized, random lottery drawing conducted after June 30. If the number of eligible outfitter clients in the drawing is less than 7,500, all remaining permits will be allocated to the remaining applicants until the quota is reached. If the number of eligible outfitter clients in the drawing exceeds 7,500, those outfitter clients unsuccessful in obtaining one of the first 7,500 permits will compete against non-client applicants for the remaining permits. Up to six individuals may apply for nonresident combination archery permits as a group. Groups must identify a group leader, and all applicants must provide the same group leader information at the time of application. If applying for permits given preferentially to clients of outfitters, all group applicants must also provide the same outfitter certification number. Permits available after the lottery will be sold on a first-come, first-served basis to applicants who have not previously received a combination permit for the current deer season.

2. Nonresident single antlerless-only archery deer permits may be purchased as "bonus" permits for a fee of $25 by nonresident hunters who have previously obtained either a nonresident combination archery deer permit or a nonresident landowner archery deer permit. The bonus nonresident single antlerless-only archery deer permit will be available over-the-counter (OTC) from license vendors for a fee of $25. Eligible nonresident hunters may purchase these bonus permits without limit.

3. Nonresident hunters who have not previously obtained a permit described in subsection (c)(2) may purchase nonresident single antlerless-only archery deer permits OTC from license vendors for a fee of $100. Nonresident hunters may purchase these permits without limit.

4. Nonresidents may not purchase a combination archery deer permit after September 30 if they have previously purchased any single antlerless-only archery deer permit for the current deer season.

5. Nonresident youth may purchase a resident archery combination permit OTC for the same fee as resident Illinois hunters ($25). For purposes of this Section, "youth" is defined as those hunters who have not reached their 18th birthday prior to the beginning of the current year archery deer season (October 1).

d) Hunters purchasing archery deer permits must supply all necessary applicant information to the license vendor in order to properly complete the permit.

e) Permits are not transferable. For the purpose of this Section, "transfer" means the modification or changing, by the Department or any other person, individual or group of the name or the location on an issued permit to another person or location.

f) A $3 service fee will be charged for replacement permits issued by DNR, except that there will be no charge for permits lost in the mail. The procedures for obtaining a replacement license are detailed in 17 Ill. Adm. Code 2520.50. Monies from this source will be deposited in the Wildlife and Fish Fund.

g) Refunds and Cancellations

1. A refund shall be issued by the Department for a permit that has been granted, or for an application that has been submitted, under the following circumstances:

A) The applicant for a permit was unsuccessful in obtaining a permit in the lottery for which the applicant applied; or

B) Upon the request of the permit holder, a permit was issued due to an error of the Department, the OTC point-of-sale vendor or the applicant. The permit that was issued in error and the request for a refund must be delivered to the Department before the first day of the season listed on the permit. Permits shall be considered delivered to the Department if the permit is received or postmarked before the first day of the season listed on the permit; or

C) Upon the return of an issued permit to the Department before the first day of the season listed on the issued permit. Permits shall be considered delivered to the Department if the permit is received or postmarked before the first day of the season listed on the permit. No refund shall be issued under this subsection (g)(1)(C) if the permit is returned or postmarked after the first day of the season listed on the permit.

2. A permit shall be cancelled if a refund is approved pursuant to subsection (g)(1)(B) or (C). Once a permit has been cancelled, the cancelled permit shall not count towards the total number of permits that an applicant may obtain for the hunting season that the cancelled permit was so issued.

3. Upon the request of a permit holder, a refund may be issued by the Department for a permit that has been granted under the following circumstances:

A) A medical condition or death of the permit holder that prevented the permit holder from hunting. A death certificate or medical documentation showing that the permit holder was unable to or advised not to hunt may be required by the Department before any refund is issued. Requests must be made before the last day of the season that the permit was issued and must accompany the return of the permit to the Department at its headquarters in Springfield, Illinois. No refunds shall be issued under this subsection if the request or permit is delivered or postmarked to the Department at its headquarters in Springfield, Illinois after the last day of the season listed on the permit; or

B) The permit holder was unable to travel or use the permit that was issued due to a national or State issued emergency or disaster declaration that resulted in a danger to the health or safety of the permit holder had they attempted to use the issued permit. Requests must be made within 60 days after the start of the season for which the permit was issued and must accompany the return of the permit to the Department at its headquarters in Springfield, Illinois. No refund shall be issued under this subsection (g) (3)(B) if the request or permit is delivered or postmarked 60 days after the first day of the season listed on the permit.

C) A permit that was issued due to an error of the Department, the OTC point-of-sale vendor, or the applicant, if the permit is returned to the Department before the last day of the season for which the permit was issued.

History

• Source: Amended at 46 Ill. Reg. 18703, effective November 2, 2022

17 Ill. Adm. Code 670.21 Deer Permit Requirements – Landowner/Tenant Permits

Requirements and procedures for obtaining landowner/tenant permits are provided in 17 Ill. Adm. Code 528.

History

• Source: Amended at 41 Ill. Reg. 8679, effective June 28, 2017

17 Ill. Adm. Code 670.30 Statewide Legal Bow and Arrow

a) The only legal hunting devices to take, or attempt to take, deer are:

1. Longbows, recurve bows or compound bows with minimum pull of 30 pounds at some point within a 28-inch draw. Minimum arrow length is 20 inches.

2. Crossbows shall meet all of the following specifications:

A) use a bowstring to propel the bolt or arrow and have a minimum peak draw weight of 125 pounds;

B) have a minimum length (from butt of stock to front of limbs) of 24 inches;

C) have a working safety; and

D) be used with fletched bolts or arrows of not less than 14 inches in length (not including point).

b) Broadheads must be used for archery deer hunting. Broadheads may have fixed or expandable cutting surfaces, but they must be a minimum ⅞ inch in diameter when fully opened. Broadheads with fixed cutting surfaces must be metal or flint-, chert- or obsidian-knapped; broadheads with expandable cutting surfaces must be metal. Nothing in this subsection shall be construed to prohibit the possession of arrows with field tips or blunt tips for the purpose of legally taking small game or for target practice during the course of the hunt, but those arrows may not be used in any attempt to take deer.

c) All other hunting devices, including electronic arrow tracking devices utilizing radio telemetry, are illegal. It is unlawful to carry any firearm or sidearm while hunting deer with a bow and arrow unless in accordance with the Firearm Concealed Carry Act or during the firearm deer season with a valid, unfilled firearm deer permit.

History

• Source: Amended at 46 Ill. Reg. 18703, effective November 2, 2022

17 Ill. Adm. Code 670.40 Statewide Deer Hunting Rules

a) The bag limit is one deer per legally authorized either-sex, antlered-only or antlerless-only permit. All either-sex permits and antlered-only permits are subject to the following restriction: no hunter, regardless of the quantity or type of permits in his/her possession, may harvest more than 2 antlered deer during a year, including the youth, archery, muzzleloader and firearm seasons. For purposes of this subsection, deer seasons are considered to be in the same year if their opening dates fall within the same 12-month period that begins on July 1. A hunter in possession of an either-sex permit after having harvested 2 antlered deer during a year, as defined above, may only use the permit to harvest an antlerless deer. Subject to this restriction, an either-sex permit holder is allowed to take a deer with or without antlers; and an antlered-only permit holder is allowed to take only a deer having at least one antler of a length of 3 or more inches. An antlerless-only permit holder is allowed to take only a deer without antlers or a deer having antlers less than 3 inches long.

b) The Illinois Restricted Archery Zone shall consist of Champaign, Douglas, Macon and Piatt Counties (except Allerton Park located in Piatt County). During the period October 1-October 31, only antlered deer may be harvested in the Restricted Archery Zone, regardless of permits in possession. An antlered deer is defined as a deer having at least one antler of a length of 3 or more inches. All restrictions listed in subsection (a) also apply in the Restricted Archery Zone.

c) Recipients of any type of Archery Deer Hunting Permit shall record their signature on the permit prior to hunting and must carry it on their person while hunting.

d) The temporary harvest tag shall be attached and properly sealed immediately upon kill and before the deer is moved, transported or field dressed. No person shall leave any deer that has been killed without properly attaching the temporary harvest tag to the deer in the manner prescribed on the permit.

e) Hunters shall not have in their possession, while in the field during archery deer season, any deer permit issued to another person (permits are non-transferable).

f) Permits will not be re-issued in cases involving deer taken which are found to be diseased or spoiled due to previous injury. Legal disposal of unfit deer taken shall be the responsibility of the hunter. For those hunters participating in DNR's Chronic Wasting Disease Surveillance Program, a free permit will be made available (during either the current year or the subsequent year, at the discretion of the hunter) if their tested deer is determined to have chronic wasting disease.

History

• Source: Amended at 49 Ill. Reg. 11791, effective September 2, 2025

17 Ill. Adm. Code 670.50 Rejection of Application/Revocation of Permits (Repealed)

History

• Source: Repealed at 49 Ill. Reg. 11791, effective September 2, 2025

Chapter I Department of Natural Resources

Subchapter b Fish and Wildlife

Part 670 White-Tailed Deer Hunting by Use of Bow and Arrow

17 Ill. Adm. Code 670.55 Reporting Harvest

a) Successful hunters must register their harvest by 10:00 p.m. on the same calendar day the deer was taken by calling the toll-free telephone check-in system at 1-866-ILCHECK or by accessing the on-line check-in system at www.dnr.illinois.gov. If a hunter is not able to locate a harvested deer in sufficient time to enable reporting the harvest by 10:00 p.m., the hunter must immediately report the harvest upon retrieving it. The hunter will be provided with a confirmation number to verify that he or she checked in the harvest. This number must be written by the hunter onto the temporary harvest tag (leg tag). If the condition of the tag precludes writing on the tag in the appropriate space (i.e., bloody, etc.), the confirmation number shall be written elsewhere on the tag, or onto a piece of paper and attached to the deer along with the temporary harvest tag. The deer must remain whole (or field dressed) until it has been checked in. In instances where deer are checked in while the hunter is still afield, the deer may not be dismembered while afield beyond quartering the animal. If quartered, all parts of the carcass (except the entrails removed during field dressing) must be transported together and evidence of sex must remain naturally attached to one quarter. Evidence of sex is:

1. For a buck: head with antlers attached to carcass, or attached testicle, scrotum, or penis.

2. For a doe: head attached to carcass, or attached udder (mammary) or vulva.

b) The temporary harvest tag (leg tag) and confirmation number must remain attached to the deer until it is at the legal residence of the person who legally took or possessed the deer, the deer has been checked in, and final processing is completed. If the head/antlers are delivered to a taxidermist for processing, the confirmation number must be recorded on the "head tag" portion of the permit and both must remain with the deer while at the taxidermist. If the carcass is taken to a meat processor, the temporary harvest tag (leg tag) with confirmation number must remain with the deer while it is processed, and until it is at the legal residence of the person who legally took or possessed the deer. Persons delivering deer/parts of deer to a tanner for processing must supply the tanner with either their deer permit number, their confirmation number, or a written certification by the person from whom the deer was received that the specimen was legally taken or obtained.

c) Site specific reporting requirements must be followed in addition to this Section.

History

• Source: Amended at 46 Ill. Reg. 18703, effective November 2, 2022

17 Ill. Adm. Code 670.60 Regulations at Various Department-Owned, -Leased or -Managed Sites

a) All the regulations in 17 Ill. Adm. Code 510 (General Hunting and Trapping) apply in this Section, unless this Section is more restrictive.

b) To drive deer, or participate in a deer drive, on all Department-owned or -managed properties is prohibited. A deer drive is defined as a deliberate action by one or more persons (whether armed or unarmed) whose intent is to cause deer to move within archery range of one or more participating hunters.

c) Only one tree stand or ground blind is allowed per deer permit holder. Tree stands and ground blinds must comply with restrictions listed in 17 Ill. Adm. Code 510.10(c)(3) and (c)(12) and must be portable. Tree stands and ground blinds must be removed at the end of each day with the exception that they may be left unattended from September 15 through January 31 at those sites listed in this Section that are followed by a (1). Any tree stand or ground blind left unattended must be legibly marked with the owner's name, address, and telephone number, or site assigned identification number.

d) Check-in, check-out, and reporting of harvest is required at those sites listed in this Section that are followed by a (2). Sites that require use of windshield cards by hunters as specified in 17 Ill. Adm. Code 510.10 are followed by a (6).

e) Where standby hunters are used to fill quotas, a drawing may be held at sites indicated by a (3). Notice of any standby drawing modifications will be posted at the site and 17 Ill. Adm. Code 510.10(d)(3) shall apply.

f) Only antlerless deer or antlered deer having at least 4 points on one side may be harvested at those sites listed in this Section that are followed by a (4).

g) Only antlerless deer or antlered deer having at least 5 points on one side may be harvested at those sites listed in this Section that are followed by a (5).

h) Statewide regulations shall apply at the following sites:

Alvah Borah State Habitat Area (6)

• Anderson Lake State Fish and Wildlife Area (1) (2)

Annbriar Karst State Natural Area (6)

Apple River Canyon State Park – Thompson and Salem Units (6)

Argyle Lake State Park (1) (6)

• Banner Marsh State Fish and Wildlife Area (statewide hunting hours except during the Central Zone duck season hunting hours 1:00 p.m. until ½ hour after sunset) (1) (2)

• Beall Woods State Park (1) (6)

• Beaver Dam State Park (an antlerless deer must be taken on the site before an antlered deer is harvested) (2)

• Big Bend State Fish and Wildlife Area (1) (2)

Big Grand Pierre Glade State Natural Area (1) (6)

Big River State Forest (1) (6)

Bradford Pheasant Habitat Area (October 1-31 only) (6)

Buffalo Rock State Park/Blackball Mines Nature Preserve (2)

Burning Star State Fish and Wildlife Area (6)

Butterfield Trail State Recreation Area (6)

Cache River State Natural Area (1) (2)

Campbell Pond State Fish and Wildlife Area (1) (6)

Cape Bend State Fish and Wildlife Area (1) (2)

Carlyle Lake Lands and Waters (Corps of Engineers managed lands, except Jim Hawn and East Spillway Areas)

• Carlyle Lake Lands and Waters (Corps of Engineers managed lands – Jim Hawn and East Spillway Areas)

Carlyle Lake State Fish and Wildlife Area (except subimpoundment area is closed 7 days prior to and during the regular waterfowl season; lands bounded on the east by "C" levee, south by "D" levee, west by ACOE property line, and including the posted area west of parking lot #2, will be open the entire archery deer hunting season) (6)

Castle Rock State Park (submission of all deer heads within 48 hours after harvest on site is required to test for the presence of Chronic Wasting Disease) (1) (6)

Cave-In-Rock State Park – Kaegi Tract (1) (6)

Cedar Glen State Natural Area (no hunting after December 15) (1) (6)

Chauncey Marsh State Natural Area (permit obtained at Red Hills State Park headquarters) (1) (6)

Clinton Lake State Recreation Area (6)

Coffeen Lake State Fish and Wildlife Area (6)

Copperhead Hollow State Wildlife Area (1) (6)

Crawford County State Conservation Area (1) (6)

Cretaceous Hills State Natural Area (1) (6)

Cypress Creek National Wildlife Refuge

Cypress Pond State Natural Area (1) (2)

Deer Pond State Natural Area (1) (2)

Des Plaines Game Propagation Center (closed Saturdays and Sundays in October and Sundays in November, December and January) (2)

Des Plaines State Conservation Area (6)

Devil's Island State Wildlife Management Area

Dixon Springs State Park (1) (6)

Dog Island State Wildlife Management Area (1) (6)

• Donnelley State Fish and Wildlife Area – Putnam County Unit (2)

Dublin Highlands Pheasant Habitat Area (opens statewide opening date; however, site closes for archery deer hunting at the end of legal shooting hours the day preceding the opening of the North Zone upland season and reopens the day after the close of the North Zone upland season and runs until the statewide season closes; submission of all deer heads within 48 hours after harvest on site is required to test for the presence of Chronic Wasting Disease) (1) (2)

Dug Hill State Fish and Wildlife Area (2)

• Eagle Creek State Park (for Corps of Engineers managed lands not managed by DNR, contact Corps of Engineers, Lake Shelbyville office for specific deer hunting policy) (6)

Edward R. Madigan State Fish and Wildlife Area/James C. Helfrich Wildlife Propagation Center (Illinois resident-only; hunting only in designated areas) (1) (6)

Eldon Hazlet State Park (archery hunting is closed in the designated controlled pheasant hunting area on days when the controlled pheasant hunting program is in operation) (6)

Embarras River Bottoms State Habitat Area (1) (6)

Ferne Clyffe State Park – Cedar/Draper Bluff Hunting Area (1) (2)

Ferne Clyffe State Park – Ferne Clyffe Hunting Area (1) (2)

Finfrock State Habitat Area (October 1-31) (6)

Flag Pond State Natural Area (1)

Flatwoods State Natural Area (1) (6)

Fort de Chartres State Historic Site (1) (2)

• Fort Kaskaskia State Historic Site (opens November 1) (2)

Fort Massac State Park (1) (6)

Fox Creek State Fish and Wildlife Area (6)

Fox Ridge State Park (1) (6)

Frank Holten State Park (1) (6)

Franklin Creek State Natural Area (submission of all deer heads within 48 hours after harvest on site is required to test for the presence of Chronic Wasting Disease) (6)

Freeman Mine State Habitat Area (closed on Mondays in November and December) (1) (2)

French Bluff State Natural Area (1) (6)

George S. Park Memorial Woods State Natural Area (2)

Giant City State Park (1) (2)

Goose Lake Prairie State Natural Area/Heidecke State Fish & Wildlife Area (archery deer hunting is closed during the muzzleloader deer season) (6)

Green River State Wildlife Area (1) (6)

Guthrie Cave Land and Water Reserve

Hackmatack State Natural Area (hunting on Sunday, Tuesday and Thursday only; 1 hunter allowed at a time, first-come first-served) (2) (6)

Hallsville State Habitat Area (October 1-31) (6)

Hamilton County State Conservation Area (1) (6)

Hanover Bluff State Natural Area (6)

Harry "Babe" Woodyard State Natural Area (6)

Henderson Creek State Fish and Wildlife Area (6)

Henry Allen Gleason State Natural Area (6)

Hidden Springs State Forest (1) (6)

Hindsboro State Habitat Area (October 1 through October 31 only) (1) (6)

Horseshoe Lake State Fish and Wildlife Area – Alexander County (Controlled Hunting Area – open from October 1-31; Public Hunting Area open during statewide season) (1) (2)

Ilo Dillin State Habitat Area (hunting allowed during October only) (6)

Illinois Caverns State Natural Area (1)

Iroquois County State Wildlife Area and Hooper Branch Nature Preserve only (deer archery hunters must wear a cap and outer garment with at least 400 square inches of solid blaze orange or pink between the hours of 9:00 a.m. and 4:00 p.m. in areas where upland game hunting is allowed during the site's controlled hunting season) (1) (6)

Johnson-Sauk Trail State Park (statewide regulations apply, except that, on Wednesdays through Sundays of the site's permit pheasant season, hunting only allowed 2:00 p.m. until sunset) (1) (6)

Jubilee College State Park (1) (2)

• Kankakee River State Park (deer bow hunters must wear a cap and upper outer garment with at least 400 square inches of solid blaze orange/pink between 9:00 a.m. and 4:00 p.m. on days when upland game hunting is allowed during the site's controlled hunting season; a limited hunting opportunity for persons with disabilities, Class P2A, exists at the Davis Creek Bike Trail Area; disabled hunters must register to hunt at the site office and must sign in and out daily; disabled hunters are required to hunt with a non-disabled partner who may also hunt from predetermined locations during the disabled hunting season (November 1 to the day before the first firearm deer season, except campground blinds will remain open until the close of the archery deer season and do not require a partner to hunt) (6)

Kaskaskia River State Fish and Wildlife Area (the State-owned portion of the defined waterfowl rest area is open until 2 weeks prior to the start of the regular duck season through the close of the regular duck and Canada goose seasons; no hunting within 50 yards of the Baldwin Lake Waterfowl Rest Area's main north-south road) (1) (2 – except south of Highway 154 and north of Highway 13)

• Ken Russell T Lake State Habitat Area (1) (6)

Kickapoo State Recreation Area (1) (6)

Kidd Lake State Natural Area (1)

Kinkaid Lake State Fish and Wildlife Area (1) (2)

Kishwaukee River State Fish and Wildlife Area (submission of all deer heads within 48 hours after harvest on site is required to test for the presence of Chronic Wasting Disease) (6)

Lake Le Aqua Na State Park (submission of all deer heads within 48 hours after harvest on site is required to test for the presence of Chronic Wasting Disease) (6)

Larry D. Closson Habitat Area (October 1-31 only) (1)

Lincoln Trail State Park (November 1 through the end of statewide season; open to archery deer hunting during statewide firearm deer seasons) (1) (2)

Little Rock Creek State Habitat Area (opens statewide opening date; however, site closes for archery deer hunting at the end of legal shooting hours the day preceding the opening of the north zone upland season and reopens the day after the close of the north zone upland season and runs until the statewide season closes) (1) (2)

Loda Pheasant Habitat Area (October 1-31 only) (6)

Lowden-Miller State Forest (submission of all deer heads within 48 hours after harvest on site is required to test for the presence of Chronic Wasting Disease) (1) (6)

Lowden State Park (in October, hunting allowed on Mondays, Tuesdays, Wednesdays and Thursdays only, excluding official State holidays; beginning November 1, archery hunting is allowed 7 days a week) (1) (6)

Mackinaw River State Fish and Wildlife Area (1) (6)

Marseilles State Fish and Wildlife Area (closed Friday, Saturday, and Sunday in October only; no hunting after the first Thursday after January 10; all tree stands must be removed from this area no later than the last day of the season; unauthorized personnel may not be on the site outside of the posted check station operating hours; hunters may enter the site only from designated parking lots) (1) (2)

Marshall State Fish and Wildlife Area (1) (6)

Mautino State Fish and Wildlife Area (1) (6)

Maxine Loy Land and Water Reserve (6)

Maytown Pheasant Habitat Area (hunting allowed during October only) (6)

Mazonia/Braidwood State Fish and Wildlife Area (6)

Meeker State Habitat Area (1) (6)

Mermet Lake State Conservation Area (1) (6)

Middle Fork State Fish and Wildlife Area (1) (6)

Midewin National Tallgrass Prairie (additional site hunting pass required) (2)

Mill Creek State Natural Area (6)

Miller-Anderson Woods State Natural Area (2)

Mississippi Palisades State Park (closed during the first firearm deer season) (1) (6)

Mississippi River Pool 16 (1)

Mississippi River Pools 17, 18 (1)

Mississippi River Pools 21, 22, 24 (1)

Mississippi State Fish and Waterfowl Management Area – Pools 25 and 26 (Batchtown, Crull Hollow and Godar Waterfowl Rest Areas are closed to hunting beginning 14 days before regular duck season; areas reopen to hunting the day after duck season closes; it is unlawful to trespass upon the designated duck hunting areas between sunset of the Sunday immediately preceding opening day of regular duck season through the day before regular duck season as posted at the site; no deer hunting is allowed within 200 yards of an occupied duck blind; during duck season only, deer hunters may not access the designated duck hunting areas by launching a boat at certain specifically posted boat ramps; boat ramps reopen to deer hunters the day after duck season closes; hunting is allowed at Red's Landing and Riprap Landing walk-in areas from 12:00 p.m. to ½ hour after sunset during duck season, statewide hours during remainder of season) (1)

Mitchell's Grove State Nature Preserve (antlerless deer only in October; either-sex deer from November 1 until the end of the statewide season; closed during the muzzleloading deer season) (2)

Momence Wetlands State Natural Area (1) (6)

Moraine View State Park (archery deer hunting closed Wednesday through Sunday during the controlled pheasant season) (1) (6)

Morrison Rockwood State Park (opens on the day following the close of the first firearm deer season) (1) (2)

• Mt. Vernon Propagation Center (1) (2)

Nauvoo State Park (Max Rowe Unit Only) (6)

Newton Lake State Fish and Wildlife Area (6)

Oakford State Conservation Area

Paul C. Burrus State Habitat Area (formerly Hurricane Creek State Habitat Area) (hunter quotas filled by drawing) (1) (6)

• Peabody River King State Fish and Wildlife Area (East subunit closes November 1) (1) (2)

• Pekin Lake State Fish and Wildlife Area (1) (6)

Pere Marquette State Park (1) (6)

Prairie Ridge State Natural Area (1) (6)

Pyramid State Park – Captain, Denmark, East Conant, Galum and Park Units (4) (6)

Rall Woods State Natural Area (6)

Ralph Clover State Natural Area

• Ramsey Lake State Park (1) (6)

• Randolph County State Conservation Area (1) (2)

Rauchfuss Hill State Recreation Area (1) (6)

Ray Norbut State Fish and Wildlife Area (1) (6)

Ray Norbut State Fish and Wildlife Area – Dutch Creek Unit (1) (6)

Ray Norbut State Fish and Wildlife Area – East Hannibal Unit (1) (6)

• Red Hills State Park (1) (6)

Rend Lake State Fish and Wildlife Area (refuge only (south of site headquarters) from October 1 through October 31; an antlerless deer must be taken on the site before an antlered deer is harvested) (2)

Rend Lake State Fish and Wildlife Area and Corps of Engineers managed areas of Rend Lake

Revis Hill Prairie State Natural Area (6)

• Rice Lake State Fish and Wildlife Area (statewide hunting hours, except that, during the Central Zone duck season, hunting hours 1:00 p.m. until ½ hour after sunset) (1) (2)

Rock Cut State Park (6)

• Rockton Bog State Natural Area (6)

Sahara Woods State Recreation Area (1) (6)

Saline County State Fish and Wildlife Area (1) (6)

• Sam Dale Lake State Fish and Wildlife Area (1) (6)

• Sam Parr State Park (1) (2)

Sandy Ford State Natural Area (antlerless deer only in October; either-sex deer from November 1 until the end of the statewide season; archery deer hunting is closed during the muzzleloader deer season) (2)

Sangamon County State Conservation Area (1)

Sanganois State Wildlife Area (Ash Swale Waterfowl Rest Area will be closed to deer hunting during the waterfowl hunting seasons) (1) (6)

• Sangchris Lake State Park (closed to archery deer hunting during the muzzleloader deer season) (1) (4) (6)

Sand Ridge State Forest (6)

• Shabbona Lake State Park (submission of all deer heads within 48 hours after harvest on site is required to test for the presence of Chronic Wasting Disease) (6)

Shelbyville State Fish and Wildlife Area (for Corps of Engineers managed lands not managed by DNR, contact Corps of Engineers, Lake Shelbyville office for specific deer hunting policy) (1) (6)

Sielbeck Forest State Natural Area (1) (6)

Siloam Springs State Park (1) (6)

Siloam Springs State Park (Fall Creek Unit) (1) (6)

Siloam Springs State Park – Buckhorn Unit (resident hunters only) (1) (6)

• Silver Springs State Park (2)

Skinner Farm State Habitat Area (1) (2)

• Snakeden Hollow State Fish and Wildlife Area (1) (6)

• Sparks Pond State Natural Area (6)

Spoon River State Forest (1) (6)

• Spring Lake State Fish and Wildlife Area (1) (6)

• Starved Rock State Park/Matthiessen State Park/Margery C. Carlson Nature Preserve (deer bowhunters must wear a cap and upper outer garment with at least 400 square inches of solid blaze orange/pink during the statewide firearm deer seasons; open to archery deer hunting during the statewide firearm deer season only in Zone A) (2)

• Stephen A. Forbes State Recreation Area (6)

Tapley Woods State Natural Area (6)

Ten Mile Creek State Fish and Wildlife Area (areas designated as refuge are closed to all access during Canada goose season only) (1) (6)

Trail of Tears State Forest (1) (2)

Turkey Bluffs State Fish and Wildlife Area (1) (2)

Union County State Fish and Wildlife Area (Firing Line Unit open throughout statewide season; Controlled Public Hunting Area open October 1 through October 31) (1) (2)

Vesely Land and Water Reserve/Wilmington Shrub Prairie Nature Preserve (6)

Walnut Point State Park (1) (6)

Wards Grove State Nature Preserve (closed during firearm deer hunting; antlerless deer only) (6)

• Washington County State Conservation Area (1) (2)

Weinberg-King State Park (1) (6)

Weinberg-King State Park – Cecil White Unit (6)

Weinberg-King State Park − Scripps Unit (resident hunters only) (1) (6)

Weinberg-King State Park − Spunky Bottoms Unit (resident hunters only) (1) (6)

Weldon Springs State Park – Piatt County Unit (6)

Whitefield Pheasant Habitat Area (hunting allowed during October only) (6)

• White Pines Forest State Park (hunting allowed on Mondays, Tuesdays, Wednesdays and Thursdays only – excluding official State holidays in October. Beginning November 1, archery hunting is allowed 7 days a week, excluding the site's special firearm deer season) (6)

Wildcat Hollow State Forest (1) (6)

Willow Creek State Habitat Area (hunting permitted October 1-31) (1) (6)

Winston Tunnel State Natural Area (6)

Wise Ridge State Natural Area (1)

Witkowsky State Wildlife Area (opens October 15) (6)

Wolf Creek State Park (for Corps of Engineers managed lands not managed by DNR, contact Corps of Engineers, Lake Shelbyville office, for specific deer hunting policy) (6)

Woodford State Fish and Wildlife Area (opens at the close of duck season) (6)

Zoeller State Natural Area (1) (6)

i) Statewide regulations shall apply at the following sites except that hunter quotas shall be filled by lottery drawing, using either mail-in paper applications or online (electronic) applications:

Bohm Woods State Nature Preserve (harvest reports are due to the site by January 31; failure to submit report is a violation of this Part) (1)

• Cahokia Mounds State Historic Site (hunting in designated areas only; harvest reports due to the site by January 31; failure to report harvest is a violation of this Part) (6)

Goode's Woods State Nature Preserve (an antlerless deer must be taken on the site before an antlered deer is harvested; harvest reports are due to the site by January 31; failure to submit report is a violation of this Part) (1)

• Horseshoe Lake State Park (Madison County) (hunting in designated areas only; harvest reports are due to the site by January 31; failure to submit report is a violation of this Part) (1)

j) State regulations shall apply except that hunters must obtain a free permit from the site office. This permit must be in possession while hunting and must be returned, and harvest reported, to the address indicated on the card before February 15. Failure to return the permit is a violation of this Part.

• Horseshoe Lake State Park (Madison County – Gaberet, Mosenthein and Chouteau Island Units)

k) Statewide regulations shall apply except that no hunting is permitted on days that the site is open to permit pheasant season.

Chain O'Lakes State Park (season opens Monday prior to opening of permit pheasant hunting season and closes before the controlled pheasant clean up hunt; season reopens on December 26 through close of regular season) (3) (6)

Wayne Fitzgerrell State Recreation Area (no bowhunting during controlled hunts as posted at the site) (2)

l) Statewide regulations shall apply at the following sites except that nonresident hunter quotas shall be filled by lottery drawing, using either mail-in paper applications or online (electronic) applications. Information about specific drawing dates and application procedures will be publicly announced. Successful applicants will be issued a free permit from the site office. This permit must be in possession while hunting and must be returned and harvest reported to the address indicated on the card before February 15. Failure to return the permit is a violation of this Part.

Jim Edgar Panther Creek State Fish and Wildlife Area (Open Unit and West Open Unit closed to archery hunting during the Youth Deer Season) (1) (6)

m) Statewide regulations shall apply at this site except that hunter quotas for specific periods shall be filled by lottery drawing, using either mail-in paper applications or online (electronic) applications. Only Illinois residents are eligible to apply. Information about drawing dates and application procedures will be publicly announced.

Fox Ridge State Park – Mentored Hunt (limited to designated portions of the State Park otherwise closed to archery deer hunting; beginning the Monday following muzzleloader season; only applicants with less than 3 years of deer hunting experience may apply; hunter quotas will be filled equally with adult and youth hunters; participating hunters must be accompanied by a non-hunting, validly licensed (Illinois hunting license) adult who is 21 years of age or older; hunting assigned for one-week periods; if applicable, site issued windshield card must be displayed while hunting)

Hennepin Canal State Trail (hunters must stay in their designated zone; an antlerless deer must be taken on the site before an antlered deer may be taken) (1) (6)

Illinois Beach State Park, North Dunes Nature Preserve and Illinois Beach Nature Preserve (hunting assigned for two week periods; site-issued windshield card must be displayed while hunting)

James Pate Philip State Park and Heron Woods State Habitat Area

Kickapoo State Recreation Area – Mentored Hunt (limited to designated portions of the recreation area otherwise closed to archery deer hunting; beginning the Monday following muzzleloader season; only applicants with less than 3 years of deer hunting experience may apply; hunter quotas will be filled equally with adult and youth hunters; participating hunters must be accompanied by a non-hunting, validly licensed (Illinois hunting license) adult who is 21 years of age or older; hunting assigned for one-week periods; site-issued windshield card must be displayed while hunting) (6)

Moraine Hills State Park

Volo Bog State Natural Area

Walnut Point State Park – Disabled Hunt (limited to persons with a Class P2A disability; limited to designated areas otherwise closed to archery deer hunting; hunting assigned to one-week periods) (6)

William Powers State Recreation Area (1)

History

• Source: Amended at 49 Ill. Reg. 11791, effective September 2, 2025

17 Ill. Adm. Code 675.10 Chronic Wasting Disease (CWD) Season

a) Season: One-half hour before sunrise on the first Thursday after December 25 to ½ hour after sunset on the following Sunday, and ½ hour before sunrise on the first Friday after January 11 to ½ hour after sunset on the following Sunday. Shooting hours are ½ hour before sunrise to ½ hour after sunset.

b) Open counties: Boone, McHenry, Winnebago, Stephenson, Ogle, LaSalle, JoDaviess, Grundy, Kendall, Will, Kankakee, Livingston, Carroll, DeKalb, Lee, Bureau and Ford counties and that portion of Kane County west of State Route 47. Additional counties in which CWD foci are identified subsequent to adoption of this Part shall be opened via public announcement (e.g., press release and site posting).

History

• Source: Amended at 49 Ill. Reg. 11815, effective September 2, 2025

Chapter I Department of Natural Resources

Subchapter b Fish and Wildlife

Part 675 Special White-Tailed Deer Season for Disease Control

17 Ill. Adm. Code 675.20 Cwd Deer Permit Requirements

a) Hunters must have an unfilled deer permit valid for the previous firearm, muzzleloader or youth deer season and valid for one of the open counties (see Section 675.10(b)) or a valid CWD Season Deer Permit. A CWD Season Deer Permit is issued for one county or special hunt area and is valid only in the county, where permission to hunt has been obtained from the property owner, or special hunt area stated on the permit. Unfilled firearm, muzzleloader or Youth Deer Hunt Permits are valid only for the county for which they were originally issued, except that Youth Deer Hunt Permits issued as part of the statewide youth-only deer hunting season Pilot Program, as described in 17 Ill. Adm. Code 685.20, are valid for all of the open counties and unfilled landowner property-only hunting firearm deer permits are valid only for the farmlands the person to whom it was issued owns, leases, or rents within the open counties/portions of counties.

1. Unfilled firearm, muzzleloader or Youth Deer Hunt Permits that were originally issued for special hunt areas are not valid during the CWD Season unless:

A) the hunter's name is redrawn at the daily site lottery to hunt at the same special hunt area during the CWD Season; or

B) the special hunt area is open to persons with a county permit and the special hunt area does not conduct a daily site lottery.

2. Sites conducting a daily site lottery will be announced publicly.

b) CWD Season Deer Permits are available over-the-counter (OTC) from participating license vendors for a fee of $5. These permits shall be antlerless-only.

c) For a Special Hunt Area CWD Season Deer Permit, resident hunters may apply online at www.dnr.illinois.gov for a site-specific permit valid for one of the Department's Special Hunt Areas. The application period begins the last Tuesday in October and ends the fourth Monday in November. Permits will be allocated via a lottery drawing. The fee for this permit is $17.50. These permits shall be antlerless-only.

d) Hunters purchasing CWD Season Deer Permits must supply all necessary applicant information to the license vendor in order to properly complete the permit.

e) Permits are not transferable. For the purpose of this Section, "transfer" means the modification or changing by the Department or any other person, individual or group, of the name or the location on an issued permit to another person or location.

f) A $3 service fee will be charged for replacement permits. Monies derived from this source shall be deposited in the Wildlife and Fish Fund.

g) Recipients of the CWD Season Deer Hunting Permit shall record their signature on the permit and must carry it on their person while hunting.

h) Refunds and Cancellations

1. A refund shall be issued by the Department for a permit that has been granted, or for an application that has not been submitted, under the following circumstances:

A) The State managed or owned site for which the permit was issued was closed due to a national or State issued emergency or disaster declaration of any other emergency circumstance that resulted in the Department closing access to the hunting site, park or area. Issued permit shall be cancelled by the Department. This subsection (h) shall include, but is not limited to, closure of State parks, fish and wildlife areas, and recreation areas by the Department as a response to a Gubernatorial Disaster Proclamation or executive order;

B) The applicant for a permit was unsuccessful in obtaining a permit in the lottery for which the applicant applied; or

C) Upon the request of the permit holder, a permit was issued due to an error of the Department, the OTC point-of-sale vendor or the applicant. The permit that was issued in error and the request for a refund must be delivered to the Department before the first day of the season listed on the permit. Permits shall be considered delivered to the Department if the permit is received or postmarked before the first day of the season listed on the permit; or

D) Upon the return of an issued permit to the Department before the first day of the season listed on the issued permit. Permits shall be considered delivered to the Department if the permit is received or postmarked before the first day of the season listed on the permit. No refund shall be issued under this subsection (h)(1)(D) if the permit is returned or postmarked after the first day of the season listed on the permit.

2. A permit shall be cancelled if a refund is approved pursuant to subsection (h)(1)(A), (C) or (D). Once a permit has been cancelled, the cancelled permit shall not count towards the total number of permits that an applicant may obtain for the hunting season for which that cancelled permit was issued.

3. Upon the request of a permit holder, a refund may be issued by the Department for a permit that has been granted under the following circumstances:

A) A medical condition or death of the permit holder that prevented the permit holder from hunting. A death certificate or medical documentation showing that the permit holder was unable to or advised not to hunt may be required by the Department before any refund is issued. Requests must be made within 90 days after the start of the season that the permit was issued for and must accompany the return of the permit to the Department at its headquarters in Springfield, Illinois. No refunds shall be issued under this subsection if the request or permit is delivered or postmarked to the Department at its headquarters in Springfield, Illinois 90 days after the first day of the season listed on the permit; or

B) The permit holder was unable to travel or use the permit that was issued due to a national or State issued emergency or disaster declaration that resulted in a danger to the health or safety of the permit holder had they attempted to use the issued permit. Requests must be made within 60 days after the start of the season for which the permit was issued and must accompany the return of the permit to the Department at its headquarters in Springfield, Illinois. No refund shall be issued under this subsection (h)(3)(B) if the request or permit is delivered or postmarked 60 days after the first day of the season listed on the permit.

C) A permit that was issued due to an error of the Department, the OTC point-of-sale vendor, or the applicant, if the permit is returned to the Department before the last day of the season for which the permit was issued.

History

• Source: Amended at 46 Ill. Reg. 18729, effective November 2, 2022

17 Ill. Adm. Code 675.30 Weapon Requirements for Cwd Deer Hunting Season

a) Legal weapons to take, or attempt to take, deer are dependent on the unused permits that are legally in the possession of the hunter. Specifications for legal weapons are defined by 17 Ill. Adm. Code 650.30.

b) Hunters with valid, unused permits from the previous firearm, muzzleloader or youth seasons may use only the legal firearms, as described in subsection (a), allowed by that permit in those respective seasons. Hunters with a valid CWD Season Deer Permit may use any of the weapons described in 17 Ill. Adm. Code 650.30.

c) It shall be unlawful to use or possess any firearm or ammunition other than allowed by subsection (a) in the field while hunting white-tailed deer during the CWD Deer Hunting Season unless in accordance with the Firearm Concealed Carry Act. The lawful possession of firearms to take furbearing mammals and game mammals other than deer by persons other than deer hunters shall not be prohibited during the CWD Deer Hunting Season as set in Section 675.10.

History

• Source: Amended at 46 Ill. Reg. 18729, effective November 2, 2022

17 Ill. Adm. Code 675.40 CWD Deer Hunting Rules

a) Persons using unfilled permits from the previous firearm, muzzleloader or youth deer season (see Section 675.20(a)) may only take deer appropriate for that permit type (either-sex or antlerless-only).

b) An either-sex permit holder is allowed to take a deer with or without antlers, and an antlerless-only permit holder is allowed to take only a deer without antlers or a deer having antlers less than 3 inches long.

c) The bag limit is one deer per legally authorized either-sex or antlerless-only permit. Deer taken during the CWD Season are not subject to the antlered deer bag limit restrictions imposed during the firearm, muzzleloader, youth and archery deer hunting seasons.

d) The harvest tag must be attached and properly sealed immediately upon kill and before the deer is moved, transported or field dressed. No person shall leave any deer that has been killed without properly attaching the harvest tag to the deer in the manner prescribed in Section 675.50 and on the permit.

e) Hunters shall not have in their possession, while in the field during the CWD Deer Hunting Season, any deer permit issued to another person (permits are non-transferrable).

f) Permits shall not be re-issued in cases involving deer taken that are found to be diseased or spoiled due to previous injury. Disposal of unfit deer taken shall be the responsibility of the hunter. For those hunters participating in the Department's Chronic Wasting Disease Surveillance Program, a free permit for the same county or special hunt area will be made available the subsequent year if their tested deer is determined to have CWD.

History

• Source: Amended at 49 Ill. Reg. 11815, effective September 2, 2025

Chapter I Department of Natural Resources

Subchapter b Fish and Wildlife

Part 675 Special White-Tailed Deer Season for Disease Control

17 Ill. Adm. Code 675.50 Reporting Harvest

a) Successful hunters must register their harvest by 10:00 p.m. on the same calendar day the deer was taken by calling the toll-free telephone check-in system at 1-866-ILCHECK or by accessing the on-line check-in system at www.dnr.illinois.gov. If a hunter is not able to locate a harvested deer in sufficient time to enable reporting the harvest by 10:00 p.m., the hunter must immediately report the harvest upon retrieving it. They will be provided with a confirmation number to verify that they checked in their harvest. This number must be written by the hunter on the harvest tag (leg tag). If the condition of the tag precludes writing on the tag in the appropriate space (i.e., bloody, etc.), the confirmation number shall be written elsewhere on the tag or onto a piece of paper and attached to the deer along with the temporary harvest tag. The deer must remain whole (or field dressed) until it has been checked in. In instances in which deer are checked in while the hunter is still afield, the deer may not be dismembered while afield beyond quartering the animal. If quartered, all parts of the carcass (except the entrails removed during field dressing) must be transported together and evidence of sex must remain naturally attached to one quarter. Evidence of sex is:

1. For a buck: head with antlers attached to carcass or attached testicle, scrotum, or penis.

2. For a doe: head attached to carcass or attached udder (mammary) or vulva.

b) The harvest tag (leg tag) and confirmation number must remain attached to the deer until it is at the legal residence of the person who legally took or possessed the deer and final processing is completed. If the head/antlers are delivered to a taxidermist for processing, the confirmation number must be recorded on the "head tag" portion of the permit and both must remain with the deer while at the taxidermist's. If the carcass is taken to a meat processor, the harvest tag (leg tag) with confirmation number must remain with the deer while it is processed and until it is at the legal residence of the person who legally took or possessed the deer. Persons delivering deer/parts of deer to a tanner for processing must supply the tanner with either their deer permit number, their confirmation number, or a written certification by the person from whom the deer was received that the specimen was legally taken or obtained.

c) Site-specific reporting requirements must be followed in addition to this Section.

History

• Source: Amended at 46 Ill. Reg. 18729, effective November 2, 2022

17 Ill. Adm. Code 675.60 Rejection of Application/Revocation of Permits (Repealed)

History

• Source: Repealed at 49 Ill. Reg. 11815, effective September 2, 2025

Chapter I Department of Natural Resources

Subchapter b Fish and Wildlife

Part 675 Special White-Tailed Deer Season for Disease Control

17 Ill. Adm. Code 675.70 Regulations at Various Department-Owned, -Leased or -Managed Sites

Sites will be opened to the CWD Deer Hunting Season only if the site is announced as being open via a public announcement. A drawing may be held at 5:00 a.m. at the site if more hunters show up than can be accommodated at sites announced as having a daily hunter quota (e.g., press release and/or site posting). Notice of any standby drawing modification will be posted at the site and 17 Ill. Adm. Code 510.10(d)(3) shall apply.

History

• Source: Amended at 46 Ill. Reg. 18729, effective November 2, 2022

Part 680 Late-Winter Deer Hunting Season

17 Ill. Adm. Code 680.10 Statewide Season

a) Season: One-half hour before sunrise on the first Thursday after December 25 to ½ hour after sunset on the following Sunday, and ½ hour before sunrise on the first Friday after January 11 to ½ hour after sunset on the following Sunday. Shooting hours are ½ hour before sunrise to ½ hour after sunset. Hunting prior to ½ hour before sunrise or after ½ hour after sunset is a Class A misdemeanor with a minimum $500 fine and a maximum $5,000 fine in addition to other statutory penalties (see 520 ILCS 5/2.33(y)).

b) For the purpose of removing surplus deer, the Department of Natural Resources (Department) shall open select counties and sites to firearm deer hunting during the Late-Winter Deer Season. The Department shall notify the public of the counties that are projected to have surplus deer populations via a public announcement.

c) Hunting outside the set season dates or without a valid permit for the county hunted in is a Class B misdemeanor (see 520 ILCS 5/2.24). Hunting prior to ½ hour before sunrise or after ½ hour after sunset is a Class A misdemeanor with a minimum $500 fine and a maximum $5,000 fine in addition to other statutory penalties (see 520 ILCS 5/2.33(y)).

History

• Source: Amended at 37 Ill. Reg. 14967, effective August 30, 2013

17 Ill. Adm. Code 680.20 Statewide Deer Permit Requirements

a) Illinois resident hunters must have an unfilled deer permit valid for the previous firearm, muzzleloader or youth deer season and valid for one of the open counties or a valid Late-Winter Deer Season permit ($17.50). Nonresident hunters must have an unfilled deer permit valid for the previous firearm, muzzleloader or youth deer season and valid for one of the open counties. A Late-Winter Deer Season Permit is issued for one county or special hunt area and is valid only in the county, where permission to hunt has been obtained from the property owner, or special hunt area stated on the permit. Unfilled firearm, muzzleloader or Youth Deer Hunt Permits are valid only for the county for which they were originally issued, except that Youth Deer Hunt Permits issued as part of the statewide youth-only deer hunting season Pilot Program, as described in 17 Ill. Adm. Code 685.20, are valid for all of the open counties and unfilled landowner property-only hunting firearm deer permits are valid only for the farmlands that the person to whom it was issued owns, leases, or rents within the open counties/portions of counties.

1. Unfilled firearm, muzzleloader or Youth Deer Hunt Permits that were originally issued for special hunt areas are not valid during the Late-Winter Season unless:

A) the hunter's name is redrawn at the daily site lottery to hunt at the same special hunt area during the Late-Winter Season; or

B) the special hunt area is open to persons with a county permit and the special hunt area does not conduct a daily site lottery.

2. Sites conducting a daily site lottery will be announced publicly.

b) Resident Late-Winter Deer Permits will be available for sale over-the-counter (OTC) from agents designated by the Department (pursuant to 17 Ill. Adm. Code 2520) beginning the second Tuesday in December through the last day of the Late-Winter Deer Season. There shall be no limitation on permit sales; resident hunters may purchase as many permits as they wish for any or all of the included counties.

c) For a Special Hunt Area permit, resident hunters may apply online at www.dnr.illinois.gov for a site-specific permit valid for one of the Department's Special Hunt Areas. The application period begins the last Tuesday in October and ends the fourth Monday in November. Permits will be allocated via a lottery drawing.

d) For the applicant to be eligible to receive a Late-Winter Deer Permit ($17.50), he/she must be an Illinois resident and not have had deer hunting privileges suspended or revoked in this State pursuant to Section 3.36 of the Wildlife Code [520 ILCS 5/3.36]. Lifetime licenses issued after August 15, 2006 shall not qualify a non-resident of Illinois for a resident deer permit.

e) Hunters purchasing Late-Winter Deer Permits must supply all necessary application information to the agents in order to properly complete the permit.

f) Recipients of the Late-Winter Deer Hunting Permit shall record their signature on the permit and must carry it on their person while hunting.

g) Permits are not transferable. For the purpose of this Section, "transfer" means the modification or changing, by the Department or any other person, individual or group, of the name or the location on an issued permit to another person or location.

h) A $3 service fee shall be charged for replacement permits. Monies derived from this source shall be deposited in the Wildlife and Fish Fund.

i) Refunds and Cancellations

1. A refund shall be issued by the Department for a permit that has been granted, or for an application that has been submitted, under the following circumstances:

A) The State managed or owned site for which the permit was issued was closed due to a national or State issued emergency or disaster declaration or any other emergency circumstance that resulted in the Department closing access to the hunting site, park or area. Issued permits shall be cancelled by the Department. This subsection (i) shall include, but is not limited to, closure of State parks, fish and wildlife areas, and recreation areas by the Department as a response to a Gubernatorial Disaster Proclamation or executive order;

B) The applicant for a permit was unsuccessful in obtaining a permit in the lottery for which the applicant applied; or

C) Upon the request of the permit holder, a permit was issued due to an error of the Department, the OTC point-of-sale vendor or the applicant. The permit that was issued in error and the request for a refund must be delivered to the Department before the first day of the season listed on the permit. Permits shall be considered delivered to the Department if the permit is received or postmarked before the first day of the season listed on the permit; or

D) Upon the return of an issued permit to the Department before the first day of the season listed on the issued permit. Permits shall be considered delivered to the Department if the permit is received or postmarked before the first day of the season listed on the permit. No refund shall be issued under this subsection (i)(1)(D) if the permit is returned or postmarked after the first day of the season listed on the permit.

2. A permit shall be cancelled if a refund is approved pursuant to subsection (i)(1)(A), (C) or (D). Once a permit has been cancelled, the cancelled permit shall not count towards the total number of permits that an applicant may obtain for the hunting season for which that cancelled permit was issued.

3. Upon the request of a permit holder, a refund may be issued by the Department for a permit that has been granted under the following circumstances:

A) A medical condition or death of the permit holder that prevented the permit holder from hunting. A death certificate or medical documentation showing that the permit holder was unable to or advised not to hunt may be required by the Department before any refund is issued. Requests must be made within 90 days after the start of the season that the permit was issued for and must accompany the return of the permit to the Department at its headquarters in Springfield, Illinois. No refunds shall be issued under this subsection if the request or permit is delivered or postmarked to the Department at its headquarters in Springfield, Illinois 90 days after the first day of the season listed on the permit; or

B) The permit holder was unable to travel or use the permit that was issued due to a national or State issued emergency or disaster declaration that resulted in a danger to the health or safety of the permit holder had they attempted to use the issued permit. Requests must be made within 60 days after the start of the season for which the permit was issued and must accompany the return of the permit to the Department at its headquarters in Springfield, Illinois. No refund shall be issued under this subsection (i)(3)(B) if the request or permit is delivered or postmarked 60 days after the first day of the season listed on the permit.

C) A permit that was issued due to an error of the Department, the OTC point-of-sale vendor, or the applicant, if the permit is returned to the Department before the last day of the season for which the permit was issued.

History

• Source: Amended at 46 Ill. Reg. 18738, effective November 2, 2022

17 Ill. Adm. Code 680.25 Deer Permit Requirements – Free Landowner/Tenant Permits (repealed)

History

• Source: Repealed at 30 Ill. Reg. 14508, effective August 24, 2006

17 Ill. Adm. Code 680.30 Deer Permit Requirements – Group Hunt (Repealed)

History

• Source: Repealed at 34 Ill. Reg. 16518, effective October 8, 2010

Chapter I Department of Natural Resources

Subchapter b Fish and Wildlife

Part 680 Late-Winter Deer Hunting Season

17 Ill. Adm. Code 680.40 Statewide Firearm Requirements for Late-Winter Deer Hunting

a) Legal weapons to take, or attempt to take, deer are dependent on the unused permits that are legally in the possession of the hunter. Specifications for legal weapons are defined in 17 Ill. Adm. Code 650.30. Hunters with a valid Late-Winter Season Deer Permit may also use single-shot muzzleloading handguns (handguns into which the projectile is incapable of being loaded through the breech end) of .50 calliber or larger. Single-shot muzzleloading handguns must use a projectile of .44 caliber or larger with sufficient blackpowder or "blackpowder substitute" (such as Pyrodex) to produce at least 500 foot pounds of energy at the muzzle. A wad or sleeve is not considered a projectile or part of a projectile.

b) Hunters with valid, unused permits from previous firearm, muzzleloader or youth seasons may use only the legal firearms, as described in subsection (a) that are allowed by the season for which the hunter possess an unused permit. Hunters with a valid Late-Winter Season Deer Permit may use any of the weapons described in 17 Ill. Adm. Code 650.30.

c) It shall be unlawful to use or possess any other firearm or ammunition in the field while hunting white-tailed deer during the Late-Winter Deer Season unless in accordance with the Firearm Concealed Carry Act. The lawful possession of firearms to take furbearing mammals and game mammals other than deer by persons other than deer hunters shall not be prohibited during the Late-Winter deer season as set in Section 680.10.

History

• Source: Amended at 46 Ill. Reg. 18738, effective November 2, 2022

17 Ill. Adm. Code 680.50 Statewide Deer Hunting Rules

a) The bag limit is one antlerless deer per legally authorized permit. Persons using unfilled permits from the previous firearm, muzzleloader or youth deer season (see Section 680.20(a)) may only harvest antlerless deer even when using an either-sex permit. An antlerless deer is a deer without antlers or a deer having antlers less than 3 inches long.

b) The harvest tag must be attached and properly sealed immediately upon kill and before the deer is moved, transported or field dressed. No person shall leave any deer that has been killed without properly attaching the harvest tag to the deer in the manner prescribed in Section 680.60 and on the permit.

c) Hunters shall not have in their possession, while in the field during the Late-Winter deer season, any deer permit issued to another person (permits are non-transferrable).

d) Permits shall not be re-issued in cases involving deer taken which are found to be diseased or spoiled due to previous injury. Disposal of unfit deer taken shall be the responsibility of the hunter. For those hunters participating in the Department's Chronic Wasting Disease Surveillance Program, a free permit for the same county or special hunt area will be made available the subsequent year if their tested deer is determined to have chronic wasting disease.

e) Violation of this Section is a Class B misdemeanor (see 520 ILCS 5/2.24), except unlawful take or possession of 2 or more deer within 90 days is a Class 4 felony, and unlawful take of 2 or more deer as a single act or possession or single course of conduct is a Class 3 felony (see 520 ILCS 5/2.36(a)).

History

• Source: Amended at 37 Ill. Reg. 14967, effective August 30, 2013

17 Ill. Adm. Code 680.60 Reporting Harvest

a) Successful hunters must register their harvest by 10:00 p.m. on the same calendar day the deer was taken by calling the toll-free telephone check-in system at 1-866-ILCHECK or by accessing the on-line check-in system at www.dnr.illinois.gov. If a hunter is not able to locate a harvested deer in sufficient time to enable reporting the harvest by 10:00 p.m., the hunter must immediately report the harvest upon retrieving it. They will be provided with a confirmation number to verify that they checked in their harvest. This number must be written by the hunter on the harvest tag (leg tag). If the condition of the tag precludes writing on the tag in the appropriate space (i.e., bloody, etc.), the confirmation number shall be written elsewhere on the tag or onto a piece of paper and attached to the deer along with the temporary harvest tag. The deer must remain whole (or field dressed) until it has been checked in. In instances where deer are checked in while the hunter is still afield, the deer may not be dismembered while afield beyond quartering the animal. If quartered, all parts of the carcass (except the entrails removed during field dressing) must be transported together and evidence of sex must remain naturally attached to one quarter. Evidence of sex is:

1. For a buck: head with antlers attached to carcass or attached testicle, scrotum, or penis.

2. For a doe: head attached to carcass or attached udder (mammary) or vulva.

b) The harvest tag (leg tag) and confirmation number must remain attached to the deer until it is at the legal residence of the person who legally took or possessed the deer and final processing is completed. If the head/antlers are delivered to a taxidermist for processing, the confirmation number must be recorded on the "head tag" portion of the permit and both must remain with the deer while at the taxidermist's. If the carcass is taken to a meat processor, the harvest tag (leg tag) with confirmation number must remain with the deer while it is processed and until it is at the legal residence of the person who legally took or possessed the deer. Persons delivering deer/parts of deer to a tanner for processing must supply the tanner with either their deer permit number, their confirmation number, or a written certification by the person from whom the deer was received that the specimen was legally taken or obtained.

c) Site specific reporting requirements must be followed in addition to this Section.

History

• Source: Amended at 46 Ill. Reg. 18738, effective November 2, 2022

17 Ill. Adm. Code 680.70 Rejection of Application/Revocation of Permits

a) In the event that the purchaser of a Late-Winter Deer Permit is in violation of either subsection (a)(1) or (2), the permit will be revoked in addition to any other penalties. The applicant may request a hearing on this decision pursuant to 17 Ill. Adm. Code 2530.

1. Providing false and/or deceptive information on the deer permit application form is a Class A misdemeanor (see 520 ILCS 5/2.38).

2. Purchasing a Late-Winter Deer Permit when the applicant has a license or permit currently revoked pursuant to Section 3.36 of the Wildlife Code [520 ILCS 5/3.36] is a Class A misdemeanor (see 520 ILCS 5/3.36).

b) Any violation of the Wildlife Code or administrative rules of the Department, in addition to other penalties, may result in revocation of hunting licenses and permits as per 17 Ill. Adm. Code 2530.

History

• Source: Amended at 33 Ill. Reg. 11601, effective July 27, 2009

Chapter I Department of Natural Resources

Subchapter b Fish and Wildlife

Part 680 Late-Winter Deer Hunting Season

17 Ill. Adm. Code 680.80 Regulations at Various Department-Owned, -Leased or -Managed Sites

Sites will be opened to Late-Winter deer hunting only if the site is announced as being open via a public announcement. A drawing may be held at 5:00 a.m. at the site if more hunters show up than can be accommodated at sites announced as having a daily site lottery (e.g., press release and/or site posting). Notice of any standby drawing modifications will be posted at the site and 17 Ill. Adm. Code 510.10(d)(3) shall apply.

History

• Source: Amended at 46 Ill. Reg. 18738, effective November 2, 2022

17 Ill. Adm. Code 685.10 Statewide Season for White-Tailed Deer Hunting

a) Season: One-half hour before sunrise on Saturday of the State designated Columbus Day Holiday weekend to ½ hour after sunset on the Monday immediately following that weekend. Shooting hours are ½ hour before sunrise to ½ hour after sunset. A hunter with an unfilled, valid Youth Deer Permit may also hunt during the first firearm deer season (the 3-day weekend (Friday, Saturday and Sunday) immediately before Thanksgiving), and the second firearm deer season (the 4-day weekend (Thursday, Friday, Saturday and Sunday) following Thanksgiving), subject to the following restrictions:

1. Unfilled Youth Deer Permits are not valid for hunting during the first or second firearm deer seasons on public land sites that limit the number of hunters during the firearm season via the use of a site permit quota (i.e., only public sites that allow unrestricted access may be hunted);

2. The hunter must use only firearms allowed in Section 685.30;

3. On private land only, archery equipment, as defined in 17 Ill. Adm. Code 670.30, may be used during the Youth Deer Season, and the first and second firearm deer seasons while hunting with a valid Youth Deer Permit; and

4. Hunters must abide by 17 Ill. Adm. Code 650.60 when hunting on Department‑owned, -managed, or -leased sites.

b) Open Counties: All counties except Cook, DuPage and Lake Counties, and that portion of Kane County east of State Route 47.

History

• Source: Amended at 49 Ill. Reg. 11820, effective September 2, 2025

17 Ill. Adm. Code 685.20 Statewide Deer Permit Requirements

a) All eligible youth hunters must have a current, valid "Youth Deer Hunt Permit" ($10). The Youth Deer Season is only open to hunters who have not reached their 18th birthday prior to the opening date of the season. Hunters must have an apprentice or youth hunting license, or they must have completed a State-approved Hunter Education course and have a hunting license, unless exempt. Pursuant to the statewide youth-only deer hunting season Pilot Program created in Section 2.26 of the Wildlife Code [520 ILCS 5], the following will apply to all Youth Deer Hunt Permits beginning with the 2020 Youth Deer Season:

1. Youth Deer Hunt Permits will authorize the holder to hunt in any of the open counties of the State, on property where permission to hunt has been obtained from the property owner.

2. On or after January 1, 2023, the Department may analyze the effects of the Pilot Program on the Youth Deer Season, including its effects on hunter participation, hunter satisfaction, hunter distribution and deer harvest.

3. If the Department finds, after thorough analysis, negative impacts to wildlife management associated with the Pilot Program, the Department may amend this Part to prohibit the statewide use of Youth Deer Hunt Permits and resume issuance of county-specific permits.

b) Youth Deer Hunt Permits will be available for sale over-the counter (OTC) from agents beginning the first Tuesday in August through the last day of the Youth Deer Season. Hunters may purchase only a single permit (either-sex).

c) For the applicant to be eligible to receive a Youth Deer Season Permit ($10), applicant must not have had his or her deer hunting privileges suspended or revoked in this State pursuant to Section 3.36 of the Wildlife Code [520 ILCS 5/3.36].

d) Recipients of the Youth Deer Season Hunt Permit shall record their signature on the permit and must carry it on their person while hunting.

e) Permits are not transferable. For the purpose of this Section, "transfer" means the modification or changing, by the Department or any other person, individual or group, of the name or the location on an issued permit to another person or location.

f) A $3 service fee shall be charged for replacement permits issued by the Department, except when permits are lost in the mail there will be no charge. Monies derived from this source will be deposited in the Wildlife and Fish Fund.

g) Permits issued for the Youth Deer Hunt season will not be counted in the number of gun permits a person can receive for the Firearm and Muzzleloader-Only Deer Season.

h) Refunds and Cancellations

1. A refund shall be issued by the Department for a permit that has been granted, or for an application that has been submitted, under the following circumstances:

A) Upon the request of the permit holder, a permit was issued due to an error of the Department, the OTC point-of-sale vendor or the applicant. The permit that was issued in error and the request for a refund must be delivered to the Department before the first day of the season listed on the permit. Permits shall be considered delivered to the Department if the permit is received or postmarked before the first day of the season listed on the permit; or

B) Upon the return of an issued permit to the Department before the first day of the season listed on the issued permit. Permits shall be considered delivered to the Department if the permit is received or postmarked before the first day of the season listed on the permit. No refund shall be issued under this subsection (h)(1)(B) if the permit is returned or postmarked after the first day of the season listed on the permit.

2. A permit shall be cancelled if a refund is approved pursuant to subsection (h)(1)(A) or (B). Once a permit has been cancelled, the cancelled permit shall not count towards the total number of permits that an applicant may obtain for the hunting season for which that cancelled permit was issued.

3. Upon the request of a permit holder, a refund may be issued by the Department for a permit that has been granted under the following circumstances:

A) A medical condition or death of the permit holder that prevented the permit holder from hunting. A death certificate or medical documentation showing that the permit holder was unable to or advised not to hunt may be required by the Department before any refund is issued. Requests must be made within 90 days after the start of the season that the permit was issued for and must accompany the return of the permit to the Department at its headquarters in Springfield, Illinois. No refunds shall be issued under this subsection if the request or permit is delivered or postmarked to the Department at its headquarters in Springfield, Illinois 90 days after the first day of the season listed on the permit; or

B) The permit holder was unable to travel or use the permit that was issued to him or her due to a national or State issued emergency or disaster declaration that resulted in a danger to the health or safety of the permit holder had they attempted to use the issued permit. Requests must be made within 60 days after the start of the season for which the permit was issued and must accompany the return of the permit to the Department at its headquarters in Springfield, Illinois. No refund shall be issued under this subsection (h)(3)(B) if the request or permit is delivered or postmarked 60 days after the first day of the season listed on the permit.

C) A permit that was issued due to an error of the Department, the OTC point-of-sale vendor, or the applicant, if the permit is returned to the Department before the last day of the season for which the permit was issued.

History

• Source: Amended at 49 Ill. Reg. 11820, effective September 2, 2025

Chapter I Department of Natural Resources

Subchapter b Fish and Wildlife

Part 685 Youth Hunting Seasons

17 Ill. Adm. Code 685.30 Statewide Firearm Requirements for Hunting the Youth Deer Season

a) Legal weapons to take or attempt to take deer during Youth Deer Season are prescribed in 17 Ill. Adm. Code 650.30.

b) Archery deer hunters in possession of a valid archery deer permit may hunt during this season provided that, in counties open to youth deer hunting, they wear the orange garments required of gun deer hunters. The otherwise lawful possession of firearms to take furbearing mammals and game mammals other than deer by persons other than youth deer hunters or their supervisors shall not be prohibited during the Youth Deer Hunting Season as set in Section 685.10.

History

• Source: Amended at 46 Ill. Reg. 18749, effective November 2, 2022

17 Ill. Adm. Code 685.40 Statewide Deer Hunting Rules

a) Bag limits: One deer per legally authorized permit. All either-sex permits are subject to the following restrictions: no hunter, regardless of the quantity or type of permits in his/her possession, may harvest more than 2 antlered deer during a year, including the youth, archery, muzzleloader and firearm seasons. For purposes of this Section, deer seasons are considered to be in the same year if their opening dates fall within the same 12-month period that begins on July 1.

b) Supervision of Youth Hunters

1. Each hunter participating in the Youth Deer Hunting Season while using an Apprentice Hunter License or a Youth Hunting License must be accompanied by a non-hunting, validly-licensed (Illinois hunting license) adult who is 21 years of age or older. All other hunters (using other types of hunting licenses or license-exempt) participating in the Youth Deer Hunting Season must each be accompanied by a non-hunting supervisor (parent, guardian or responsible adult). A nonresident supervisor must have a valid Illinois hunting license.

2. The non-hunting supervisor must wear the solid blaze orange/pink garments required of gun deer hunters, and must remain with the hunting youth so as to have the youth under immediate control. Youths participating in the first firearm deer season using only an unfilled Youth Deer Permit (i.e., youths without a firearm deer season permit for that county) must be accompanied by a supervisor as described in this subsection (b), but, during the firearm deer season, that supervisor may also hunt so long as he/she has the appropriate licenses and permits. Each supervisor may only accompany a single youth at any given time during the hunt. The supervising adult shall be criminally liable for the actions of the youth in the hunting party, and be subject to the criminal penalties provided by law.

c) The temporary harvest tag must be attached and properly sealed immediately upon kill and before the deer is moved, transported or field dressed. No person shall leave any deer that has been killed without properly attaching the temporary harvest tag to the deer in the manner prescribed in Section 685.50 and on the permit.

d) Hunters shall not have in their possession, while in the field during the Youth Deer Season, any deer permit issued to another person (permits are non-transferrable).

e) Permits shall not be re-issued in cases involving deer taken that are found to be diseased or spoiled due to previous injury. Disposal of unfit deer taken shall be the responsibility of the hunter.

History

• Source: Amended at 49 Ill. Reg. 11820, effective September 2, 2025

Chapter I Department of Natural Resources

Subchapter b Fish and Wildlife

Part 685 Youth Hunting Seasons

17 Ill. Adm. Code 685.50 Reporting Harvest of Deer

a) Successful hunters must register their harvest by 10:00 p.m. on the same calendar day the deer was taken by calling the toll-free telephone check-in system at 1‑866-ILCHECK or by accessing the on-line check-in system at www.dnr.illinois.gov. If a hunter is not able to locate a harvested deer in sufficient time to enable reporting the harvest by 10:00 p.m., the hunter must immediately report the harvest upon retrieving it. They will be provided with a confirmation number to verify that they checked in their harvest. This number must be written by the hunter on the temporary harvest tag (leg tag). If the condition of the tag precludes writing on the tag in the appropriate space (i.e., bloody, etc.), the confirmation number shall be written elsewhere on the tag, or onto a piece of paper and attached to the deer along with the temporary harvest tag. The deer must remain whole (or field dressed) until it has been checked in. In instances where deer are checked in while the hunter is still afield, the deer may not be dismembered while afield beyond quartering the animal. If quartered, all parts of the carcass (except the entrails removed during field dressing) must be transported together and evidence of sex must remain naturally attached to one quarter. Evidence of sex is:

1. For a buck: head with antlers attached to carcass or attached testicle, scrotum, or penis.

2. For a doe: head attached to carcass or attached udder (mammary) or vulva.

b) The harvest tag (leg tag) and confirmation number must remain attached to the deer until it is at the legal residence of the person who legally took or possessed the deer and final processing is completed. If the head/antlers are delivered to a taxidermist for processing, the confirmation number must be recorded on the "head tag" portion of the permit and both must remain with the deer while at the taxidermist's. If the carcass is taken to a meat processor, the harvest tag (leg tag) with confirmation number must remain with the deer while it is processed and until it is at the legal residence of the person who legally took or possessed the deer. Persons delivering deer/parts of deer to a tanner for processing must supply the tanner with either their deer permit number, their confirmation number, or a written certification by the person from whom the deer was received that the specimen was legally taken or obtained.

c) In counties where Chronic Wasting Disease surveillance is occurring during the firearm deer season (see 17 Ill. Adm. Code 650.45(a)), successful hunters using their Youth Deer Permits during the first weekend of the firearm season may, at their option, register their harvest at a designated firearm deer check station by 8:00 p.m. on the day the deer was killed. In this situation, the "head tag" portion of the permit will be retained at the check station and a permanent harvest tag will be attached to the deer upon registration. Tagging requirements for deer delivered to taxidermists, meat processors and tanners are described in 17 Ill. Adm. Code 650.45(a). Youth hunters required to report under this subsection (c), but who are unable to locate a harvested deer in sufficient time to report the harvest by 8:00 p.m., must report the harvest as described in subsection (a).

d) Site specific reporting requirements must be followed in addition to this Section.

History

• Source: Amended at 46 Ill. Reg. 18749, effective November 2, 2022

17 Ill. Adm. Code 685.60 Rejection of Application/Revocation of Deer Permits (Repealed)

History

• Source: Repealed at 49 Ill. Reg. 11820, effective September 2, 2025

17 Ill. Adm. Code 685.70 Regulations at Various Department-Owned, -Leased or -Managed Sites

a) All the regulations in 17 Ill. Adm. Code 510 apply in this Section, unless this Section is more restrictive.

b) Check-in, check-out, and reporting of harvest is required at those sites listed in this Section that are followed by a (1). Sites that require use of windshield cards by hunters, as specified in 17 Ill. Adm. Code 510.10, are followed by a (2).

c) Statewide regulations shall apply at the following sites:

Apple River Canyon State Park (Salem/Thompson Units only) (2)

Argyle Lake State Park (2)

Big Grand Pierre Glade State Natural Area (2)

Big River State Forest (2)

Burning Star State Fish and Wildlife Area (2)

Cache River State Natural Area (1)

Campbell Pond State Habitat Area (2)

Cape Bend State Fish and Wildlife Area (1)

Carlyle Lake State Fish and Wildlife Area (2)

Cave-In-Rock State Park – Kaegi Tract (2)

Cedar Glen State Natural Area (2)

Chauncey Marsh State Natural Area (2)

Copperhead Hollow State Fish and Wildlife Area (2)

Crawford County State Fish and Wildlife Area (1)

Cretaceous Hills State Natural Area (2)

Cypress Pond State Natural Area (1)

Deer Pond State Natural Area (1)

Devil's Island State Wildlife Management Area

Dixon Springs State Park (1)

Dog Island State Wildlife Management Area (2)

Eldon Hazlet State Park (North Allen Branch Unit only) (2)

Ferne Clyffe State Park Cedar/Draper Bluffs Hunting Area (1)

Ferne Clyffe State Park – Ferne Clyffe Hunting Area (1)

Fort Massac State Park (2)

Fox Ridge State Park (2)

Giant City State Park (1)

Glass Hill State Natural Area (1)

Green River State Wildlife Area (2)

Hamilton County State Fish and Wildlife Area (2)

Hanover Bluff State Natural Area (2)

Hidden Springs State Forest (2)

Horseshoe Lake State Fish and Wildlife Area – Alexander County – Public Hunting Area (1)

Kaskaskia River State Fish and Wildlife Area (1 – except south of Highway 154 and north of Highway 13)

Kinkaid Lake State Fish and Wildlife Area (1)

Mackinaw State Fish and Wildlife Area (2)

Marshall State Fish and Wildlife Area (2)

Meeker State Habitat Area (2)

Mermet Lake State Fish and Wildlife Area (2)

Mississippi River Pools 17, 18

Mississippi River Pools 21, 22, 24

Mississippi River State Fish and Wildlife Area

Newton Lake State Fish and Wildlife Area (2)

Oakford Conservation Area

Pere Marquette State Park (2)

Prairie Ridge State Natural Area (2)

Pyramid State Park (Captain, Denmark, East Conant, Galum, and Park Units) (2)

Rall Woods State Natural Area (2)

Ralph Clover State Natural Area

Ray Norbut State Fish and Wildlife Area – Dutch Creek Unit (2)

Ray Norbut State Fish and Wildlife Area (2)

Rend Lake State Fish and Wildlife Area

Sahara Woods State Recreation Area (2)

Saline County State Fish and Wildlife Area (2)

Sand Ridge State Forest (2)

Seilbeck Forest State Natural Area (2)

Shelbyville State Fish and Wildlife Area (2)

Siloam Springs State Park (2)

Skinner Farm State Habitat Area (1)

Spoon River State Forest (2)

Tapley Woods State Natural Area (2)

Ten Mile Creek State Fish and Wildlife Area (2)

Trail of Tears State Forest (1)

Turkey Bluffs State Fish and Wildlife Area (1)

Union County State Fish and Wildlife Area – Firing Line Unit (1)

Wards Grove State Nature Preserve (2)

Weinberg-King State Fish and Wildlife Area, including Scripps and Spunky Bottoms Units (2)

Wildcat Hollow State Habitat Area (2)

Winston Tunnel State Natural Area (2)

Wise Ridge State Natural Area

d) Statewide regulations shall apply at the following sites, except that hunter quotas shall be filled by mail-in drawing. Information about drawing dates and application procedures will be publicly announced.

Clinton Lake State Recreation Area (only in the area between County Highway 14/Friends Creek Road and State Route 48 – both sides of lake) (2)

Coffeen Lake State Fish and Wildlife Area (Upland Management Area only) (2)

Goose Lake Prairie State Natural Area/Heidecke Lake State Fish and Wildlife Area (2)

Iroquois County State Wildlife Area (1)

Jim Edgar Panther Creek State Fish and Wildlife Area (2)

Kankakee River State Park (2)

Mazonia State Fish and Wildlife Area (1)

Sangamon County Conservation Area

History

• Source: Amended at 49 Ill. Reg. 11820, effective September 2, 2025

17 Ill. Adm. Code 685.80 Youth White-Tailed Deer Hunt (Repealed)

History

• Source: Repealed at 33 Ill. Reg. 11609, effective July 27, 2009

17 Ill. Adm. Code 685.90 Heritage Youth Wild Turkey Hunt – Spring Season (Repealed)

History

• Source: Repealed at 29 Ill. Reg. 20469, effective December 2, 2005

17 Ill. Adm. Code 685.100 Youth Pheasant Hunting (Repealed)

History

• Source: Repealed at 29 Ill. Reg. 20469, effective December 2, 2005

17 Ill. Adm. Code 685.110 Youth Waterfowl Hunting

a) Permit Requirements

1. Permit reservations shall be accepted starting in September. Initial acceptance dates shall be publicly announced. Applicants must be between the ages of 10-17 inclusive on the date of the hunt.

2. Only one permit per person shall be issued for the hunt on December 28 at Horseshoe Lake State Fish and Wildlife Area (Alexander County) and Union County State Fish and Wildlife Area and on the second Sunday in November of the Illinois Central Zone Waterfowl season at Spring Lake State Fish and Wildlife Area – Spring Lake Bottoms Unit.

3. The permit shall be for the use of the entire blind and it shall be the responsibility of the permit holder to bring one supervising adult who may also hunt if the regular season is open at the date and location of the youth permit hunt. Adults may not hunt during special youth hunts held prior to the opening of the regular waterfowl season. The supervising adult shall be criminally liable for the actions of the youth in the hunting party, and be subject to the criminal penalties provided by law. Each youth and supervising adult may be accompanied by a non-hunting guide. The maximum number of people in a blind is 2 hunting youth, 2 hunting adults and a non-hunting guide.

4. Permit Reservations and Transferability

A) All duplicate permit reservations shall be rejected and the hunter shall forfeit his or her rights to a permit. Permits are not transferable. Previous participants are ineligible to apply for a permit.

B) For other information write to:

Illinois Department of Natural Resources

Youth Waterfowl Hunt

One Natural Resources Way

P.O. Box 19457

Springfield IL 62794-9457

5. Permits for the Illinois Youth Waterfowl Hunt will be issued from the Springfield Permit Office.

b) General Waterfowl Hunting Regulations at the Youth Waterfowl Hunting Areas

1. Hours, Permits and Stamp Charges

A) Hunting hours at Horseshoe Lake State Fish and Wildlife Area (Alexander County) and Union County are from legal opening until 12:00 Noon on the day of the Youth Waterfowl Hunt. Hunting hours at Banner Marsh State Fish and Wildlife Area, Clinton Lake State Recreation Area also including the Salt Creek Waterfowl Management Area and the Disabled Hunt Unit, Donnelley State Fish and Wildlife Area, Larry D. Closson State Habitat Area, Marshall State Fish and Wildlife Area – Duck Ranch Unit and Spring Lake State Fish and Wildlife Area – Spring Lake Bottoms Unit are from statewide opening to 1:00 p.m. on the days of the youth waterfowl hunts.

B) At Banner Marsh State Fish and Wildlife Area, Union County State Fish and Wildlife Area and Horseshoe Lake State Fish and Wildlife Area (Alexander County), hunters with Illinois Youth Waterfowl Hunt Permit reservations are required to check in at the check station between 4:30 a.m. and 5:00 a.m. Permits are void after 5:00 a.m. A drawing shall be held on the morning of the hunt to allocate blind sites.

C) At Donnelley State Fish and Wildlife Area, the first weekend (Saturday and Sunday) and the third weekend (Saturday and Sunday) of the duck season for the zone the site is located in shall be designated as Youth Hunt days open to hunters 10-17 years old. Youth hunters must be accompanied by an adult. Blinds not allocated to youth hunters shall be available for adults, except for the third Sunday, when only permitted hunters are allowed. The blinds will be allocated by drawing the day of the hunt. Preference will be given to youth hunters who have not been drawn for a previous hunt at the site during the current season.

D) At Spring Lake State Fish and Wildlife Area – Spring Lake Bottoms Unit, hunters with Illinois Youth Waterfowl Permit reservations are required to check-in at the check station no later than one hour before legal shooting time, after which time permits are void. A drawing shall be held on the morning of the hunt to allocate blind sites.

E) Larry D. Closson State Habitat Area will be open during the Central Zone Youth Waterfowl Hunting days. Only one party per day will be assigned to this site, consisting of the Youth Waterfowl Hunting Permit holder, up to 3 additional youth hunters, and up to 2 non-hunting adult chaperones. This site does not have any permanent blind structures. Hunters may construct temporary blinds that must be removed at the end of each day's hunt.

F) At Marshall State Fish and Wildlife Area – Duck Ranch Unit, hunters with Illinois Youth Waterfowl Permit reservations are required to check in at the check station no later than one hour before legal shooting time, after which time permits are void. A drawing shall be held on the morning of the hunt to allocate blind sites. A standby drawing will be held immediately after the permit drawing for any unclaimed blinds by permit holders.

G) Black Crown Marsh State Natural Area will be open during the Northern Zone Youth Waterfowl Hunting season. Walk-in hunting only. A hunting party will consist of the Youth Waterfowl Hunting Permit holder, up to 3 additional youth hunters, and up to 2 non-hunting adult chaperones. This site does not have any permanent blind structures. Hunters may construct temporary blinds that must be removed at the end of each day's hunt. Hunting hours are from legal opening until 1:00 p.m. Hunters must be off the site by 2:00 p.m. Sign-in/sign-out and report harvest at parking area kiosk.

H) There is no fee for the Illinois Youth Waterfowl Hunting Permit.

2. Hunting must be done from assigned blinds only and hunters, unless authorized, shall not move from blind to blind or leave the blind and return.

3. Shotguns must be unloaded and encased at all times when not hunting.

4. At Union County State Fish and Wildlife Area and Horseshoe Lake State Fish and Wildlife Area (Alexander County), each youth shall not possess more than 25 shells. Each adult shall not possess more than 5 shells for each Canada goose allowed in the daily bag. Hunters without their guns may leave the blind to retrieve crippled waterfowl.

5. At Rend Lake State Fish and Wildlife Area, hunters participating in the youth hunt must sign in and out, no entry into subimpoundments before 4:30 a.m. and must be out of subimpoundments by 2:00 p.m. A drawing will be held at 4:00 a.m. each day of the youth hunt for hunters wanting to hunt the Casey Fork impoundment. Drawing will be held at the Cottonwood Access Area. Airboats are not allowed in Casey Fork subimpoundment, Big Muddy subimpoundment, and the impoundments on Corps of Engineers managed areas during youth waterfowl season.

c) Special Hunts

If, by regulation published in the Federal Register, the U.S. Fish and Wildlife Service sets any special dates for youth-only waterfowl hunting, the Department shall, by public announcement, open those Department sites that, under the circumstances prevailing at the time, the Department believes may be opened without unduly disturbing other Department programs. Open sites that require the use of windshield cards by hunters as specified in 17 Ill. Adm. Code 510.10 will be noted in the public announcement.

History

• Source: Amended at 49 Ill. Reg. 11820, effective September 2, 2025

17 Ill. Adm. Code 685.120 Youth Dove Hunting (Repealed)

History

• Source: Repealed at 29 Ill. Reg. 20469, effective December 2, 2005

17 Ill. Adm. Code 690.10 Hunting Seasons

Season dates: August 1 through February 15 (except closed during firearm deer seasons, as set by 17 Ill. Adm. Code 650, in those counties open to firearm deer hunting). Hunting outside the set season dates is a petty offense (see 520 ILCS 5/2.28).

History

• Source: Amended at 30 Ill. Reg. 12229, effective June 28, 2006

17 Ill. Adm. Code 690.20 Statewide Regulations

a) Fox squirrels and gray squirrels (including their black color phase) are the only tree squirrels that may be hunted or taken.

b) Daily limit: 5 fox and gray (including their black color phase) squirrels, singly or in combination.

c) Possession limit: 10 fox and gray (including their black color phase) squirrels, singly or in combination, except on opening day of the season when only 5 squirrels may be in possession.

d) Exceeding the daily limit, the possession limit, or taking of any squirrel other than fox squirrels or gray squirrels (including their black color phase) is a petty offense (see 520 ILCS 5/2.28).

History

• Source: Amended at 26 Ill. Reg. 13845, effective September 5, 2002

17 Ill. Adm. Code 690.30 Regulations at Various Department-Owned, -Leased or -Managed Sites

a) All the regulations in 17 Ill. Adm. Code 510, General Hunting and Trapping on Department-Owned or -Managed Sites, apply in this Part, unless this Part is more restrictive. Violation of a site specific regulation is a petty offense (see 520 ILCS 5/2.28).

b) Unless otherwise noted, hunting with .22 caliber or smaller rimfire firearms, .25 caliber or smaller air rifles, muzzleloading black powder firearms, shotguns, or bow and arrow is permitted. Hunting with shotguns, .25 caliber or smaller air rifles, and/or bow and arrow are the only methods of take permitted at those sites listed in the following subsections that are followed by a (1). Hunting with shotguns and bow and arrow are the only methods of take permitted at those sites listed in the following subsections that are followed by a (3).

c) Check-in, check-out and reporting of harvest is required at those sites listed in the following subsections that are followed by a (2). Sites that require use of windshield cards by hunters as specified in 17 Ill. Adm. Code 510.10 are followed by (4).

d) Statewide regulations apply at the following sites:

Adeline Jay Geo-Karis Illinois Beach State Park (opens after deer archery season, closes at end of statewide season) (4)

Alvah Borah State Fish and Wildlife Area (3) (4)

Anderson Lake State Conservation Area (2)

Apple River Canyon State Park – Salem and Thompson Units (closed during firearm deer hunting) (3) (4)

Argyle Lake State Park (4)

Big Bend State Fish and Wildlife Area (2) (3)

Big Grand Pierre State Natural Area (4)

Big River State Forest (3) (4)

Burning Star State Fish and Wildlife Area (4)

Butterfield Trail State Recreation Area (closed during all deer seasons) (3) (4)

Cache River State Natural Area (2)

Campbell Pond State Wildlife Management Area (4)

Cape Bend State Fish and Wildlife Area (2)

Carlyle Lake Lands and Waters – Corps of Engineers managed lands

Carlyle Lake State Fish and Wildlife Area (subimpoundment area closes 7 days prior to the start of the waterfowl season for the zone in which Carlyle Lake is located) (4)

Cave-In-Rock State Park – Kaegi Tract (4)

Chain O'Lakes State Park (opens Wednesday after permit pheasant season for 5 consecutive days, except closed on Christmas Day; 8:00 a.m. to 4:00 p.m.; daily quota filled on first-come, first-served basis; DNR issued back patch must be worn while hunting; only shot size of No. 3 steel, No. 4 bismuth, No. 5 tungsten-iron, tungsten-matrix, tungsten-polymer or smaller may be used) (2)

Chauncey Marsh State Natural Area (4)

Clinton Lake State Recreation Area – Hunting with .22 caliber or smaller rimfire firearms, .25 caliber or smaller air rifles, or muzzleloading black powder rifles is restricted to the North Fork Management Area (North of Davenport Bridge (4)

Coffeen Lake State Fish and Wildlife Area (closed during all deer seasons) (3) (4)

Copperhead Hollow State Fish and Wildlife Area (4)

Crawford County State Fish and Wildlife Area (4)

Cretaceous Hills State Natural Area (4)

Cypress Pond State Natural Area (2)

Deer Pond State Natural Area (2)

Devil's Island State Fish and Wildlife Area

Dixon Springs State Park (2)

Dog Island State Wildlife Management Area (4)

Dug Hill State Fish and Wildlife Area (2)

Eldon Hazlet State Park (north of Allen Branch (4); and west of Peppenhorst Branch only)

Embarras River Bottoms State Habitat Area (4)

Ferne Clyffe State Park − Cedar Draper Bluffs Hunting Area (2) (3)

Flag Pond State Natural Area (4)

Fort de Chartres State Historic Site (muzzleloading firearms or bow and arrow only) (2)

Fort Massac State Park (3) (4)

Fox Creek State Fish and Wildlife Area (shotgun only; nontoxic shot required; closed during firearm deer seasons) (4)

Fox Ridge State Park (4)

French Bluff Natural Area (4)

Hamilton County State Conservation Area (3) (4)

Hanover Bluff State Natural Area (closed during firearm deer hunting) (4)

Harry "Babe" Woodyard State Natural Area (4)

Heidecke State Fish and Wildlife Area – Morris Wetlands Unit only (closed during all deer seasons) (1) (4)

Hidden Springs State Forest (4)

Horseshoe Lake State Fish and Wildlife Area – Public Hunting Area (2) (3)

Iroquois County State Wildlife Area (closed during all deer seasons) (4)

Jim Edgar Panther Creek State Fish and Wildlife Area (the Quality Unit and Controlled Unit close October 31) (4)

Johnson-Sauk Trail State Park (season opens the day after Labor Day; closed during all deer seasons) (3) (4)

Jubilee College State Park (1) (2)

Kaskaskia River State Fish and Wildlife Area (Doza Creek Waterfowl Management Area closed 7 days prior to and during duck season; the defined Baldwin Lake Waterfowl Rest Area is closed) (2)

Kickapoo State Recreation Area (4)

Kinkaid Lake State Fish and Wildlife Area

Lake Shelbyville – Eagle Creek State Park (3) (4)

Lake Shelbyville – Wolf Creek State Park (4)

Lincoln Trail State Park (1) (2)

Mackinaw State Fish and Wildlife Area (closed during all deer seasons) (1) (4)

Marseilles State Fish and Wildlife Area (Monday through Thursday only through October 31; during August, hunting allowed west of E. 2450 Road only; open daily November 1 through the end of the site archery deer season; closed during the site firearm and muzzleloading deer seasons; unauthorized personnel may not be on the site outside of the posted check station operating hours; hunters may only enter the site from designated parking lots) (2) (3)

Marshall State Conservation Area (4)

Meeker State Habitat Area (4)

Mermet Lake State Conservation Area (non-toxic shot only in waterfowl areas; squirrel hunting closes after September 30, except in upland game area) (4)

Middle Fork State Fish and Wildlife Area (4)

Mississippi River Pools 16, 17, 18

Mississippi River Pools 21, 22, 24

Mississippi River State Fish and Waterfowl Management Area (Pools 25 and 26)

Momence Wetlands Land and Water Reserve (closed during all deer seasons) (1) (4)

Moraine View State Park (closed during the controlled pheasant season and all deer seasons) (3) (4)

Morrison Rockwood State Park (opens November 1 and closes the Thursday before the first statewide firearm deer season) (2)

Mt. Vernon Game Propagation Center (closed during all deer seasons) (2)

Nauvoo State Park (Max Rowe Unit only) (4)

Newton Lake State Fish and Wildlife Area (closed during site deer season) (3) (4)

Oakford State Conservation Area

Peabody River King State Fish and Wildlife Area (east subunit closes November 1) (2)

Pere Marquette State Park (4)

Pyramid State Park – Captain, Denmark, East Conant and Galum Units (4)

Rall Woods State Natural Area (closed during firearm deer hunting) (3) (4)

Ralph Clover State Natural Area

Ramsey Lake State Park (4)

Randolph County State Conservation Area (2)

Rauchfuss Hill State Recreation Area (2)

Ray Norbut State Fish and Wildlife Area (4)

Ray Norbut State Fish and Wildlife Area – Dutch Creek Unit (4)

Red Hills State Park (4)

Redwing Slough State Natural Area (Hunting allowed on Monday, Tuesday, Thursday and Friday only; hunting allowed with .25 caliber or smaller air rifles only) (4)

Rend Lake Project Lands and Waters – Corps of Engineers Managed land

Rend Lake State Fish and Wildlife Area

Rock Cut State Park (1) (4)

Sahara Woods State Fish and Wildlife Area (4)

Saline County State Fish and Wildlife Area (4)

Sam Dale Lake State Fish and Wildlife Area (3) (4)

Sam Parr State Fish and Wildlife Area (2) (3)

Sand Ridge State Forest (4)

Sangamon County State Conservation Area (3)

Sanganois State Fish and Wildlife Area (4)

Shawnee National Forest – Oakwood Bottoms (non-toxic shot only)

Shelbyville State Fish and Wildlife Area (4)

Sielbeck Forest State Natural Area (4)

Siloam Springs State Park (4)

Siloam Springs State Park – Buckhorn Unit (4)

Skinner Farm State Habitat Area (2) (3)

Spoon River State Forest (4)

Stephen A. Forbes State Recreation Area (3) (4)

Tapley Woods State Natural Area (closed during firearm deer hunting) (3) (4)

Ten Mile Creek State Fish and Wildlife Area (4)

Trail of Tears State Forest (2)

Turkey Bluffs State Fish and Wildlife Area (2)

Union County State Fish and Wildlife Area – Firing Line Unit (2)

Walnut Point State Park (4)

Washington County State Conservation Area (2)

Weinberg-King State Park (4)

Weinberg-King State Park − Cecil White Unit (4)

Weinberg-King State Park − Scripps Unit (4)

Weinberg-King State Park − Spunky Bottoms Unit (4)

Wildcat Hollow State Forest (4)

Winston Tunnel State Natural Area (closed during firearm deer hunting) (3) (4)

Wise Ridge State Natural Area

Witkowsky State Wildlife Area (closed during firearm deer hunting) (4)

e) Season dates shall be the day following Labor Day through the end of the statewide season at the following sites:

Ferne Clyffe State Park – Ferne Clyffe Hunting Area (2)

Giant City State Park (rimfire cartridges allowed in Union County portion; no rimfire cartridges allowed in Jackson County portion only) (2)

Kankakee River State Park (closed during all deer seasons) (1) (4)

Pyramid State Park – Park Unit (4)

f) Season dates shall be the day after Labor Day through September 30 at the following sites:

Lowden-Miller State Forest (season opens September 1; hunting allowed only east of the Rock River, south of the terminus of Nashua Rd., and west of Scout Rd. (4)

Sangchris Lake State Park (4)

Silver Springs State Park (2) (3)

Spring Lake State Fish and Wildlife Area (season reopens the day after the archery deer season closes and remains open until the end of the statewide season) (1) (4)

g) Statewide regulations apply at the following sites, except that hunters must obtain a free permit from the site and variations in season dates are in parentheses. Permits must be in possession while hunting. The permit must be returned and harvest reported by March 15 or the hunter will forfeit privileges at that site for the following year:

Horseshoe Lake State Park – Gabaret, Mosenthein and Chouteau Island Units (Madison County)

Matthiessen State Park (season opens on statewide opening day and closes the day before the archery deer season opens; permits available at the Starved Rock State Park office; hunting in designated areas only) (3)

h) Season dates shall be statewide opening through September 30 at the following sites:

Beaver Dam State Park (3) (4)

Castle Rock State Park (3) (4)

Hindsboro Pheasant State Habitat Area (4)

Larry D. Closson State Habitat Area (4)

Paul C. Burrus State Habitat Area (4)

Sandy Ford State Natural Area (2) (3)

Wayne Fitzgerrell State Park (shotgun only) (2)

Weldon Springs State Park − Piatt County Unit (3) (4)

Willow Creek State Habitat Area (4)

Woodford County State Fish and Wildlife Area (3) (4)

i) Season dates shall be statewide opening through October 31 at the following sites:

Green River State Wildlife Area (4)

Horseshoe Lake State Fish and Wildlife Area (Alexander County) (Controlled Hunting Area; non-toxic shot only) (2)

Union County State Fish and Wildlife Area (Controlled Hunting Area; non‑toxic shot only) (2)

History

• Source: Amended at 49 Ill. Reg. 11838, effective September 2, 2025

Chapter I Department of Natural Resources

Subchapter b Fish and Wildlife

Part 700 Wild Swine

17 Ill. Adm. Code 700.10 Purpose

This Part has been established to govern the importation, possession, release into the wild, take, commercialization of take, sale and propagation of wild swine in Illinois as authorized by Section 2.2a of the Wildlife Code [520 ILCS 5/2.2a]. Nothing in this Part shall be construed to permit the Department to take action that hinders the operation of legitimate agricultural operations, the use of companion animals (see 510 ILCS 70/2.01a) or to criminalize the accidental escape of domestic swine.

17 Ill. Adm. Code 700.20 Definition of Wild Swine

Wild swine are defined as feral swine, Eurasian wild boar (Sus scrofa, including subspecies), and hybrids between feral swine and Eurasian wild boar. Populations or individuals of any swine that are unrestrained and have adapted to living in a wild or free-roaming environment are considered feral swine.

17 Ill. Adm. Code 700.30 Unlawful Acts

a) Live wild swine shall not be possessed, propagated, bought, sold, bartered or offered to be bought, transported, traded, transferred or loaned to any other person or institution unless a permit is first obtained from the Department of Natural Resources in accordance with Section 700.40. Temporary restraint of wild swine in a trap or transport before euthanizing is not considered possession. All live wild swine trapped or otherwise restrained must be killed and not released into the wild.

b) Wild swine shall not be released into the wild, including intentional release of domesticated swine for the purposes of establishing a feral swine population or creating hunting opportunities. Chronic neglect of fencing for domestic swine that could result in the establishment of a population of wild swine is considered an intentional release. Release of wild swine is in violation of Section 2.2a and 2.3 of the Wildlife Code.

c) It is illegal to hunt or shoot wild swine outside of established firearm, muzzleloader, late-winter antlerless and CWD deer seasons without the issuance of a permit (see 520 ILCS 5/2.37) by the Department or through a Department approved agreement for feral swine removal. Wild swine can legally be taken by firearm deer hunters, who are carrying a current and valid unfilled deer permit, the appropriate licenses and stamps to hunt deer, and are wearing the legal amount of orange, on private and Department-owned lands during the firearm, muzzleloader, late-winter antlerless and/or CWD seasons. All swine harvested during the firearm seasons must be reported to the Department. At all times, unless permitted by the Department to do so, it is illegal to trap, bait or chase (with dogs or otherwise) wild swine.

d) No person (as defined in Section 1.2L of the Wildlife Code) shall provide or offer to provide, for compensation or other profit, outfitting or guide services for wild swine hunting in Illinois, in accordance with 17 Ill. Adm. Code 640.

e) Commercial hunting enclosures for wild swine are prohibited.

f) Possession of legally harvested, dead wild swine, including any meat or any part of the carcass or skin of wild swine is legal.

17 Ill. Adm. Code 700.40 Permits

a) Application Requirements

Permits to transport/possess wild swine may be issued by the Department of Natural Resources in accordance with Section 2.2a of the Wildlife Code for scientific purposes, under the following provisions:

1. Medical or research institutions wishing to transport/possess wild swine must make application to the Department in writing, on forms provided by the Department, at the following address:

Illinois Department of Natural Resources

Office of Resource Conservation

Wildlife Division

One Natural Resources Way

Springfield IL 62702-1271

2. Applications must contain the following minimum information:

A) Name and address of medical or research institution;

B) Name, address and position of person making application;

C) Number of specimens for which permit is requested;

D) Explanation of the medical or research project necessitating need for permit;

E) A statement of the applicant's qualifications and previous experience in caring for and handling captive wildlife;

F) Time period for which permit is requested;

G) Location and description of facilities in which species will be kept; and

H) Any other information as requested by the Department, e.g., purpose of research, supplier of animals, and disposition of animals.

b) Issuance Criteria

The Department shall consider the following in determining whether to issue a permit to transport/possess wild swine for medical or scientific purposes:

1. Whether the request is for a legitimate medical or research purpose;

2. Whether the facilities for holding the specimens have been inspected and approved by the Department prior to issuance of a permit. Facilities must be constructed and maintained to prevent escape of the specimens; and

3. Whether the applicant is aware of the potential dangers to public interest posed by the wild swine and who, by reason of his/her knowledge, experience and facilities, can be expected to provide adequate protection of the public interests.

c) Permit Conditions

Permits issued for the transportation/possession of wild swine shall be subject to the following conditions:

1. All specimens and progeny of those specimens approved under the permit must be confined in the facilities and at the location approved on the permit.

2. Disposition of the specimens (including conditions under which they may be sold, traded, bartered or transferred to another permitted exhibition or institution) shall be as designated by the Department.

3. Permits issued under this Part shall be valid only for the time periods and under the provisions designated by the Department on the permit.

4. All permit holders shall file with the Department, no later than 30 days after the expiration of the permit, a report documenting disposition of all specimens.

5. In the event of escape or unintentional release of specimens or their progeny authorized under the permit, permittees shall notify the Department by telephone (1-877-236-7529, toll-free) or other expedient means within 24 hours following the escape, unless specifically exempted by the Department in writing.

17 Ill. Adm. Code 700.50 Penalties

a) Violations of Sections 2.2a and/or 2.3 of the Wildlife Code are Class A misdemeanors (see Section 3.5 of the Wildlife Code).

b) Any violations of the Wildlife Code or administrative rules of the Department may result in the revocation of licenses and permits, and the suspension of privileges (see 17 Ill. Adm. Code 2530).

17 Ill. Adm. Code 710.5 Hunting Zones

a) The Northern Zone includes that portion of Illinois north of Crawford, Jasper, Effingham, Fayette, Bond, and Madison counties.

b) The Southern Zone includes the remainder of the State.

History

• Source: Added at 18 Ill. Reg. 1156, effective January 18, 1994

Chapter I Department of Natural Resources

Subchapter b Fish and Wildlife

Part 710 The Taking of Wild Turkeys - Spring Season

17 Ill. Adm. Code 710.10 Hunting Seasons

a) The hunting season for both the Southern Zone and the Northern Zone shall each be divided into five segments.

b) Southern Zone Season: The Southern Zone Season shall last 32 days. The First Season Segment for the Southern Zone begins the first Monday after April 2. Lengths for each segment are as follows:

1. First Southern Season Segment: Days 1 through 5 of the Southern Zone season.

2. Second Southern Season Segment: Days 6 through 11 of the Southern Zone season.

3. Third Southern Season Segment: Days 12 through 17 of the Southern Zone season.

4. Fourth Southern Season Segment: Days 18 through 24 of the Southern Zone season.

5. Fifth Southern Season Segment: Days 25 through 32 of the Southern Zone season.

c) Northern Zone Season: The Northern Zone Season shall last 32 days. The First Season Segment for the Northern Zone begins the second Monday after April 2. Lengths for each season segment are listed below:

1. First Northern Season Segment: Days 1 through 5 of the Northern Zone season.

2. Second Northern Season Segment: Days 6 through 11 of the Northern Zone season.

3. Third Northern Season Segment: Days 12 through 17 of the Northern Zone season.

4. Fourth Northern Season Segment: Days 18 through 24 of the Northern Zone season.

5. Fifth Northern Season Segment: Days 25 through 32 of the Northern Zone season.

d) Open Counties:

NORTHERN ZONE

Adams

Boone

Brown

Bureau

Calhoun

Carroll

Cass

Champaign

Christian

Clark

Coles

Cumberland

DeKalb

DeWitt

Douglas

Edgar

Ford

Fulton

Greene

Grundy

Hancock

Henderson

Henry

Iroquois

Jersey

Jo Daviess

Kane

Kankakee

Kendall

Knox

Lake

La Salle

Lee

Livingston

Logan

Macon

Macoupin

Marshall-Putnam

Mason

McDonough

McHenry

McLean

Menard

Mercer

Montgomery

Morgan

Moultrie

Ogle

Peoria

Piatt

Pike

Rock Island

Sangamon

Schuyler

Scott

Shelby

Stark

Stephenson

Tazewell

Vermilion

Warren

Whiteside

Will

Winnebago

Woodford

SOUTHERN ZONE

Alexander

Bond

Clay

Clinton

Crawford

Edwards

Effingham

Fayette

Franklin

Hamilton

Gallatin-Hardin

Jackson

Jasper

Jefferson

Johnson

Lawrence

Madison

Marion

Massac

Monroe

Perry

Pope

Pulaski

Randolph

Richland

Saline

St. Clair

Union

Wabash

Washington

Wayne

White

Williamson

e) Permit quotas shall be set by the Department of Natural Resources on a county or special hunt area basis.

History

• Source: Amended at 48 Ill. Reg. 4042, effective March 1, 2024

17 Ill. Adm. Code 710.20 Statewide Turkey Permit Requirements

a) All turkey hunters must have a current, valid Spring Wild Turkey Hunting Permit. Lifetime licenses issued after August 15, 2006 shall not qualify a non-resident of Illinois for a resident turkey permit. All hunters, except those exempted by Section 3.1 of the Wildlife Code [520 ILCS 5/3.1] are also required to obtain a hunting license before hunting wild turkey. Fees for spring turkey permits are as follows:

1. Permits issued via lottery by Permit Office:

Illinois Resident lottery permit − $15

Nonresident lottery permit − $125

2. Over-the-Counter (OTC) Permits sold by license vendors pursuant to subsection (g); all prices include vendor's issuing fee:

Illinois Resident OTC Permit – $15.50

Nonresident OTC Permit − $125.50

b) Permits are issued for a specific county or area and are valid only in the county or area designated on the permit. Applications for wild turkey permits shall be completed and submitted by visiting one of the Illinois Department of Natural Resources' DNR license vendors, by applying on-line at www.dnr.illinois.gov or by writing to:

Department of Natural Resources – Spring Turkey

One Natural Resources Way

P.O. Box 19446

Springfield, Illinois 62794-9446

c) Applicants must supply all information necessary to complete the application. Incomplete applications will be rejected and fees returned. Each applicant must submit payment for his/her individual application at the time of application. Permits are allocated via computerized lottery drawings held in Springfield, Illinois. Permits are not transferable. For the purpose of this Section, transfer means the modification or changing, by the Department or any other person, individual or group, of the name or the location on an issued permit to another person or location.

d) Applications from Illinois residents will be accepted through December 1 for the First Lottery Drawing. Applicants for the First Lottery Drawing that have applied for or already are in possession of a valid landowner permit are not eligible to apply for the First Lottery Drawing. Applications received in the permit office after December 1 will be included in the next computerized drawing. Applicants rejected in this drawing will receive preference in the next year's drawing for spring season permits subject to guidelines outlined in subsection (h). Only one application may be submitted per applicant for the First Lottery Drawing.

e) Permits not issued during the First Lottery Drawing will be available in a Second Lottery Drawing. Applications for this drawing will be accepted through the first working day after January 10. Applications received after this date will be included in the next drawing. All hunters are eligible to apply for permits remaining for this Second Lottery Drawing, but hunters who have not already been awarded a permit will receive preference in the Second Lottery Drawing. Only one application may be submitted per applicant for the Second Lottery Drawing.

f) Permits not issued during the first two lottery drawings will be available in the Third Lottery Drawing. Applications for this Third Lottery Drawing will be accepted through the first working day after February 8. Applications received after this date will be rejected and fees refunded. Applicants may submit up to three applications for the Third Lottery Drawing. No applicant may receive more than three permits in total for spring turkey hunting, including lottery drawn, OTC, youth and landowner permits.

g) Permits remaining after the Third Lottery Drawing will be available OTC from agents designated by the Department (pursuant to 17 Ill. Adm. Code 2520) beginning the second Tuesday in March on a first-come, first-served basis. Permits will be sold until quotas are exhausted, or until the close of the specific turkey season segment (i.e., of seasons 1 through 5) in the Zone (north vs. south) for which the permit is being requested. Hunters may purchase one or more permits during this period, subject to availability, except that no one may exceed the limit of three permits in total for spring turkey hunting, including lottery drawn, OTC, youth and landowner permits.

h) The following criteria must be met to obtain preference in the first computerized drawing:

1. The applicant must apply using the official agency application.

2. The applicant must be a resident of the State, be eligible to receive a spring turkey permit, and not had turkey hunting privileges revoked.

3. The applicant must apply for the same county and season choices which he/she listed on the previous year's application. Preference will not be granted for special hunt areas as listed in Section 710.25 or for permit areas listed in Section 710.50(c).

i) A $3 service fee will be charged for replacement permits issued by the Department.

j) The periods for accepting applications for the lotteries may be extended if applications are not available to the public by November 1. A news release will announce the extension of the application periods.

k) It shall be unlawful to:

1. Submit applications before the second computerized lottery drawing for more than one permit for the same person.

2. Submit applications before the third computerized lottery drawing for more than two permits for the same person.

3. Apply for or receive more than three permits for the spring turkey season. The three-permit total includes lottery drawn, OTC, youth and landowner permits.

4. Provide false and/or deceptive information on a permit application form. In addition to criminal charges, individuals found guilty of violating this Section shall have their applications rejected, permit revoked, and fees forfeited. Rejection, revocation and forfeiture is subject to the notice and hearing requirements set out in 17 Ill. Adm. Code 2530.

l) Refunds and Cancellations

1. A refund shall be issued by the Department for a permit that has been granted, or for an application that has been submitted, under the following circumstances:

A) The State managed or owned site for which the permit was issued was closed due to a national or State issued emergency or disaster declaration or any other emergency circumstance that resulted in the Department closing access to the hunting site, park or area. Issued permits shall be cancelled by the Department. This subsection (l) shall include, but is not limited to, closure of State parks, fish and wildlife areas, and recreation areas by the Department as a response to the Gubernatorial Disaster Proclamations regarding COVID-19 or Department closures reflecting those proclamations or orders;

B) The applicant for a permit was unsuccessful in obtaining a permit in the lottery for which the applicant applied; or

C) Upon the request of the permit holder, a permit was issued due to an error of the Department, the OTC point-of-sale vendor or the applicant. The permit that was issued in error and the request for a refund must be delivered to the Department before the last day of the season listed on the permit. Permits shall be considered delivered to the Department if the permit is received by the Department at its headquarters in Springfield, Illinois or postmarked before the last day of the season listed on the permit; or

D) Upon the return of an issued permit to the Department before the first day of the season listed on the issued permit. Permits shall be considered delivered to the Department if the permit is received by the Department at its headquarters in Springfield, Illinois or postmarked before the first day of the season listed on the permit. No refund shall be issued under this subsection (l)(1)(D) if the permit is returned or postmarked after the first day of the season listed on the permit.

2. A permit shall be cancelled if a refund is approved pursuant to subsection (l)(1)(A), (C) or (D). Once a permit has been cancelled, the cancelled permit shall not count towards the total number of permits that an applicant may obtain for the Spring Turkey Hunting Season.

3. Upon the request of a permit holder, a refund may be issued by the Department for a permit that has been granted under the following circumstances:

A) A medical condition or death of the permit holder that prevented the permit holder from hunting. A death certificate or medical documentation showing that the permit holder was unable to or advised not to hunt may be required by the Department before any refund is issued. Requests must be made within 90 days after the start of the season that the permit was issued for and must accompany the return of the permit to the Department at its headquarters in Springfield, Illinois. No refunds shall be issued under this subsection if the request or permit is delivered to the Department at its headquarters in Springfield, Illinois or postmarked 90 days after the first day of the season listed on the permit; or

B) The permit holder was unable to travel or use the permit that was issued to him or her due to a national or State issued emergency or disaster declaration that resulted in a danger to the health or safety of the permit holder had they attempted to use the issued permit. Requests must be made within 60 days after the start of the season for which the permit was issued and must accompany the return of the permit to the Department at its headquarters in Springfield, Illinois. No refund shall be issued under this subsection (l)(3)(B) if the request or permit is delivered or postmarked 60 days after the first day of the season listed on the permit.

C) A permit holder choosing not to, or being unable to, use the issued spring turkey hunting permit due to the COVID-19 Gubernatorial Proclamations. Requests for refunds on the basis of the COVID-19 disaster period must include the unused issued permit. The request for refund must be submitted to, and the unused permit that was issued for a spring turkey hunting season during the COVID-19 disaster period must be returned to, the Department at its headquarters in Springfield, Illinois or postmarked on or before December 1, 2020. No refund shall be issued on this basis if the request and issued unused permit is received or postmarked after December 1, 2020.

D) A permit that was issued due to an error of the Department, the OTC point-of-sale vendor, or the applicant, if the permit is returned to the Department before the last day of the season for which the permit was issued.

m) Group Hunt Application Requirements

1. Up to six individuals may apply to hunt as a group during the First and Second Lottery Drawings. Group hunt applications will not be accepted for the Third Lottery as all applications in that lottery will be processed individually.

2. Each individual must sign his or her own paper application.

3. Groups must identify a group leader, and all applicants must list the same group leader in their submitted application. For online applications, the group leader customer ID number must be included on all group members' applications.

4. Groups must list the same county or special hunt area of choice and complete, in an identical fashion, all options regarding hunting locations and the season choices. This does not include the personal identification information of the applicant or type of permit.

5. In order to receive preference for the group hunt, all members must have the same county of choice. If any member does not designate the group's county of choice, the entire group will not receive preference.

6. Applicants applying as a group will be rejected if any member does not list the identical information as all other members of the applicant group, other than the applicant's personal identification information.

7. Group applications will be accepted for the First Lottery Drawing. Only one application per hunter will be accepted. All members of the group must be Illinois residents.

8. Group applications will be accepted for the Second Lottery Drawing. Only one application per hunter will be accepted.

9. Since applicants that have not been awarded a permit are given preference for permits allocated in the Second Lottery Drawing, groups containing both applicants that have not been awarded a permit and applicants that have been awarded a permit will not receive preference in the Second Lottery Drawing.

10. Providing false information on an application is a violation of 520 ILCS 5/2.38.

History

• Source: Amended at 44 Ill. Reg. 14137, effective August 20, 2020

17 Ill. Adm. Code 710.21 Turkey Permit Requirements - Special Hunts (Renumbered)

History

• Source: Renumbered to Section 710.25 at 18 Ill. Reg. 1156, effective January 18, 1994

Chapter I Department of Natural Resources

Subchapter b Fish and Wildlife

Part 710 The Taking of Wild Turkeys - Spring Season

17 Ill. Adm. Code 710.22 Turkey Permit Requirements - Landowner/Tenant Permits

Requirements and procedures for obtaining landowner/tenant permits are provided in 17 Ill. Adm. Code 528.

History

• Source: Amended at 41 Ill. Reg. 8727, effective June 28, 2017

17 Ill. Adm. Code 710.25 Turkey Permit Requirements – Special Hunts

a) Special hunt sites are defined as those sites that are owned or controlled by agencies/entities other than the Department, or sites at which the Department only controls a portion of the property designated for turkey hunting, which issue turkey hunting permits through the statewide lottery process. The Permit Office issues turkey hunting permits through a computerized drawing for sites listed below, in addition to the Department-owned or -managed sites listed in Section 710.50(c).

Crab Orchard National Wildlife Refuge (check-in and check-out required at Visitor Information Center, windshield card required, area closed ½ hour after sunset to 1½ hours before sunrise, scouting allowed after noon including the afternoon of the day prior to the permitted hunting season)

Joliet Army Training Area (Will County) (check-in and check-out required at central check station; an additional turkey permit must be purchased from the Joliet Army Training Area)

Lake Shelbyville Project – U.S. Army Corps of Engineers – Moultrie County

Lake Shelbyville Project – U.S. Army Corps of Engineers – Shelby County

Midewin National Tallgrass Prairie (an additional site hunting pass required; check-in, check-out and reporting of harvest required)

b) Each applicant must enclose a separate fee (check or money order) payable to the Department of Natural Resources, or the application will be returned. Applicants should not send cash with their applications. The Department will not be responsible for cash sent through the mail.

History

• Source: Amended at 35 Ill. Reg. 3705, effective February 16, 2011

17 Ill. Adm. Code 710.28 Turkey Permit Requirement - Heritage Youth Turkey Hunt (Repealed)

History

• Source: Repealed at 24 Ill. Reg. 17778, effective November 27, 2000

Chapter I Department of Natural Resources

Subchapter b Fish and Wildlife

Part 710 The Taking of Wild Turkeys - Spring Season

17 Ill. Adm. Code 710.30 Turkey Hunting Regulations

a) It is unlawful:

1. to use live or electronic turkey decoys, recorded calls, dogs, or bait (an area is considered as baited during the presence of and for 10 consecutive days following the removal of the bait);

2. to take any wild turkey except a hen with a visible beard or a gobbler (male);

3. to take, or attempt to take, more than three wild turkeys during the spring season, one must have a valid permit for each turkey that is taken;

4. to use any weapon except a shotgun or bow and arrow. #4 shot is the largest size shot that may be legally used or possessed while turkey hunting;

5. to hunt except from ½ hour before sunrise to 1:00 p.m. during each day of the season;

6. for any person having taken the legal limit of wild turkeys to further participate with a weapon in any hunting party for the purpose of taking additional wild turkeys;

7. for any person to possess while in the field during wild turkey season any turkey permit issued to another person (permits are non-transferable);

8. to transport or leave a wild turkey without first attaching the temporary harvest tag to the leg in the manner prescribed on the permit. Immediately upon kill and before the turkey is moved, transported or field dressed, the hunter must properly attach the temporary harvest tag to the leg. Successful hunters must register their harvest by 10:00 p.m. on the same calendar day as the turkey was taken by calling the toll-free telephone check-in system at 1-866-ILCHECK or by accessing the on-line check-in system at www.dnr.illinois.gov. Hunters must provide all information requested by the check-in system, and will be provided with a confirmation number to verify that they checked in their harvest. The confirmation number must be written by the hunter on the leg tag. The leg tag must remain attached to the leg of the turkey until it is at the legal residence of the person who legally took or possessed the turkey and the turkey has been checked in. The turkey must remain whole (or field dressed) until it has been checked in;

9. for any person to shoot a wild turkey while it is in a tree before 7:00 a.m.;

10. for any person to hunt wild turkeys without possessing a Wild Turkey Hunting Permit which shall include the hunter's signature recorded on the permit and carried on the person while hunting, except that a person without a weapon may accompany a turkey hunter as a caller or observer;

11. for any person to use a turkey call that imitates sounds made by a turkey or to attempt to call a turkey by making these sounds while in the field in the Southern Zone from March 15 through the day before the 1st turkey season and in the Northern Zone from March 22 through the day before the 1st turkey season. This prohibition only applies in counties open to spring turkey hunting. This prohibition does not apply to participants in the Youth Turkey Hunt with a valid permit, or their accompanying adult, during that season as prescribed by Section 710.70.

b) Archers may use:

1. Longbows, recurve bows or compound bows with minimum pull of 30 pounds at some point within a 28-inch draw. Minimum arrow length is 20 inches.

2. Crossbows and bolts as specified in 17 Ill. Adm. Code 670.30.

c) Broadheads must be used. Broadheads may have fixed or expandable cutting surfaces, but they must have a minimum ⅞ inch diameter when fully opened. Broadheads with fixed cutting surfaces must be metal or flint-, chert-, or obsidian knapped; broadheads with expandable cutting surfaces must be metal. All other bows and arrows, including electronic arrow tracking systems using radio telemetry, are illegal.

History

• Source: Amended at 46 Ill. Reg. 18760, effective November 2, 2022

17 Ill. Adm. Code 710.40 Other Regulations (Repealed)

History

• Source: Repealed at 7 Ill. Reg. 4208, effective March 25, 1983

17 Ill. Adm. Code 710.50 Regulations at Various Department-Owned, -Leased or -Managed Sites

a) Hunters who intend to hunt Department sites and who have a physical disability that requires special accommodations are encouraged to contact the site superintendent at least 10 days before the date they wish to hunt. The site superintendent will make reasonable accommodations necessary to allow the disabled person to participate in the hunting experience at the site. Disabled hunters who require an aide or assistant with them during the hunt are responsible for providing the aide or assistant and notifying the site superintendent that an assistant will be present, and whether the assistant will also be hunting.

b) Hunters must sign in/sign out at all sites that are followed by a (1). Sites that require use of windshield cards by hunters as specified in 17 Ill. Adm. Code 510.10 are followed by a (2).

c) Statewide regulations shall apply for the following sites:

Alvah Borah State Habitat Area (2)

Anderson Lake State Conservation Area (1)

Argyle Lake State Park (2)

Big Grand Pierre Glade State Natural Area (2)

Cache River State Natural Area (1)

Campbell Pond State Wildlife Management Area (2)

Cape Bend State Fish and Wildlife Area (1)

Carlyle Lake State Fish and Wildlife Area (2)

Cave-In-Rock State Park – Kaegi Tract (2)

Copperhead Hollow State Wildlife Area (2)

Cretaceous Hills State Natural Area (2)

Cypress Pond State Natural Area (1)

Deer Pond State Natural Area (1)

Devil's Island State Fish and Wildlife Area

Dog Island State Wildlife Management Area (2)

Dug Hill State Fish and Wildlife Area (1)

Ferne Clyffe State Park − Cedar Draper Bluff Hunting Area (1)

Flag Pond State Natural Area

Fort de Chartres State Historic Site (muzzleloading shotgun or archery only; no in-line muzzleloading shotguns or muzzleloaders with scopes allowed) (1)

Giant City State Park (1)

Horseshoe Lake State Fish and Wildlife Area − Alexander County (Hunting Area and Public Hunting Area only) (1)

Horseshoe Lake State Park (Madison County) − Gabaret, Mosenthein, Chouteau Island Units (all hunters must obtain a free site permit)

Kaskaskia River State Fish and Wildlife Area (Hunters with a Class P2A disability card, accompanied by a non-hunting attendant, may hunt at the site's designated disabled hunting spot within this closed area; the hunting spot will be allocated on a first come-first served basis or via a drawing, if needed, held at the site office) (1)

Kinkaid Lake State Fish and Wildlife Area (1)

Mark Twain National Wildlife Refuge, Gardner Division

Mississippi River State Fish and Wildlife Area (Pools 25 and 26)

Mississippi River Pools 16, 17, 18, 21, 22, and 24

Nauvoo State Park (Max Rowe Unit only) (2)

Oakford State Conservation Area

Peabody River King State Fish and Wildlife Area (except South Subunit) (1)

Pere Marquette State Park (designated area only) (2)

Ralph Clover State Natural Area

Rauchfuss Hill State Recreation Area (1)

Ray Norbut State Fish and Wildlife Area (2)

Rend Lake Project Lands and Corps of Engineers Managed Land

Rend Lake State Fish and Wildlife Area

Saline County State Fish and Wildlife Area (2)

Sanganois State Conservation Area (2)

Sielbeck Forest State Natural Area (2)

Skinner Farm State Habitat Area (1)

Trail of Tears State Forest (1)

Turkey Bluffs State Fish and Wildlife Area (1)

Union County State Fish and Wildlife Area − Firing Line Unit and Controlled Hunting Area only (1)

Weinberg-King State Park (2)

Weinberg-King State Park (Cecil White Unit) (2)

Weinberg-King State Park (Spunky Bottoms Unit) (2)

Wildcat Hollow State Habitat Area (2)

Wise Ridge State Natural Area

d) Statewide regulations shall apply except that all hunting is allowed by site‑specific permit only. The Department of Natural Resources allocates permits for these areas through the lottery process set forth in Section 710.20. This permit is only valid for the specific site and season indicated on the permit.

Apple River Canyon State Park − Thompson and Salem Units (2)

Beaver Dam State Park (2)

Big Bend State Fish and Wildlife Area (1)

Big River State Forest (2)

Burning Star State Fish and Wildlife Area (2)

Butterfield Trail State Recreation Area (2)

Carlyle Lake State Fish and Wildlife Area − East Fork Management Unit (2)

Castle Rock State Park (2)

Chain O'Lakes State Park (1)

Chauncey Marsh (2)

Clinton Lake State Recreation Area (2)

Coffeen Lake State Fish and Wildlife Area (2)

Crawford County State Fish and Wildlife Area (2)

Dixon Springs State Park (1)

Eagle Creek State Park (first two seasons only) (2)

Eldon Hazlet State Park (2)

Embarras River Bottoms State Habitat Area (2)

Ferne Clyffe State Park − Ferne Clyffe Hunting Area (1)

Fort Massac State Park (1)

Fox Creek State Fish and Wildlife Area (2)

Fox Ridge State Park (2)

French Bluff State Natural Area (2)

Green River State Wildlife Area (2)

Hamilton County State Conservation Area (2)

Hanover Bluff State Natural Area (2)

Harry "Babe" Woodyard State Natural Area (2)

Heidecke State Fish and Wildlife Area/Goose Lake Prairie State Natural Area (first and second season only) (2)

Hidden Springs State Forest (2)

Horseshoe Lake State Park (Madison County)

Iroquois County State Wildlife Area (2)

Jim Edgar Panther Creek State Fish and Wildlife Area (2)

Johnson-Sauk Trail State Park (2)

Jubilee College State Park (1)

Kankakee River State Park (hunting hours are from ½ hour before sunrise until 12:00 noon) (1)

Kickapoo State Park (2)

Kishwaukee River State Fish and Wildlife Area (2)

Lowden Miller State Forest (2)

Mackinaw River State Fish and Wildlife Area (2)

Marseilles State Fish and Wildlife Area (site is open to hunting Monday through Thursday only; hunting hours are from ½ hour before sunrise until 8:30 a.m. with potential additional hunting hours being posted by the site; unauthorized personnel may not be on the site outside of the posted check station operating hours; hunters may only enter the site from designated parking lots) (1)

Marshall State Fish and Wildlife Area (2)

Matthiessen State Park (South of Vermilion River Area) (1)

Mautino State Fish and Wildlife Area (2)

Meeker State Habitat Area (2)

Mermet Lake State Fish and Wildlife Area (2)

Middle Fork State Fish and Wildlife Management Area (2)

Mississippi Palisades State Park (closed during the fifth season) (2)

Momence Wetlands (1)

Moraine View State Park (no hunting on weekends during 4th and 5th season) (2)

Morrison Rockwood State Park (closed during the fifth season) (1)

Mt. Vernon Game Propagation Center

Newton Lake State Fish and Wildlife Area (2)

Paul C. Burrus State Habitat Area (2)

Pere Marquette State Park (Piasa, Quotoga, Potawatomi Camp Areas) (2)

Pyramid State Park (each unit requires site-specific permit) – Captain Unit (2), Denmark Unit (2), East Conant Unit (2), Galum Unit (2) and Park Unit (2)

Rall Woods State Natural Area (2)

Ramsey Lake State Park (2)

Randolph County State Conservation Area (a disabled hunter with a Class P2A disability card, accompanied by a non-hunting attendant, wanting to hunt at one of the site's two designated disabled hunting spots is not required to have a site-specific permit; these hunting spots will be allocated on a first come-first served basis or via a drawing, if needed, held at the site office) (1)

Ray Norbut State Fish and Wildlife Area – Dutch Creek Unit (2)

Red Hills State Park (2)

Rockton Bog State Natural Area (2)

Sahara Woods State Fish and Wildlife Area (2)

Sam Dale Lake State Fish and Wildlife Area (2)

Sam Parr State Fish and Wildlife Area (2)

Sand Ridge State Forest (2)

Sandy Ford State Natural Area

Sangamon County State Conservation Area

Sanganois State Conservation Area (Squirrel Timber Unit) (2)

Sangchris Lake State Park

Shelbyville State Fish and Wildlife Area (must have valid permit for Lake Shelbyville Project Lands – Moultrie County) (2)

Siloam Springs State Park (2)

Siloam Springs State Park (Buckhorn Unit) (2)

Spoon River State Forest (2)

Starved Rock State Park (1)

Stephen A. Forbes State Park (2)

Tapley Woods State Natural Area (2)

Ten Mile Creek State Fish and Wildlife Area (2)

Vesely Land and Water Reserve (2)

Washington County State Conservation Area (1)

Wayne Fitzgerrell State Recreation Area

Weinberg-King State Park (Scripps Unit) (2)

Weldon Springs State Park − Piatt County Unit (2)

Winston Tunnel State Natural Area (2)

Witkowsky State Wildlife Area (2)

Wolf Creek State Park (first 2 seasons only) (2)

Zoeller State Natural Area (2)

History

• Source: Amended at 49 Ill. Reg. 11851, effective September 2, 2025

17 Ill. Adm. Code 710.55 Special Hunts for Disabled Hunters

Statewide regulations shall apply except that all hunting is allowed by site-specific permit only. The Department of Natural Resources allocates permits for these areas through the lottery process set forth in Section 710.20, except as noted. Permits are only valid for the specific site and season indicated on the permit. Disabled hunters must possess a Class P2A disability card in order to be eligible for the drawing.

Dixon Springs State Park

Eldon Hazlet State Park

Mermet Lake State Fish and Wildlife Area

Mississippi Palisades State Park (portion of site quota designated for disabled hunters; closed during the 5th season)

History

• Source: Amended at 35 Ill. Reg. 3705, effective February 16, 2011

17 Ill. Adm. Code 710.60 Releasing or Stocking of Turkeys

No person, except employees of the Department shall release any turkeys in this State at any time. Game Breeding and Shooting Preserve Areas licensed pursuant to Section 3.27 of the Wildlife Code [520 ILCS 5/3.27] may release turkeys for the purpose of put-and-take hunting only. This Section encompasses all of the various subspecies of the turkey (Meleagris gallopavo), which includes the native wild turkey (Meleagris gallopavo silvestris), the domestic barnyard turkey (Meleagris gallopavo gallopavo) and all crosses between any two subspecies.

History

• Source: Amended at 27 Ill. Reg. 17075, effective October 22, 2003

17 Ill. Adm. Code 710.70 Spring Youth Turkey Hunt

a) Season: The two consecutive weekends immediately prior to the regular season in the Southern Zone. The Northern Zone and Southern Zone are open concurrently for all 4 days.

b) Open Counties: All counties listed in Section 710.10 are open to the Spring Youth Turkey Hunt.

c) Eligibility: The Spring Youth Turkey Hunt is open only to hunters who have not reached the age of 18 prior to the opening date of the youth season. Hunters must have an apprentice or youth hunting license, or they must have completed a State‑approved Hunter Education course and have a hunting license, unless exempt. In addition, hunters must have a Habitat Stamp, unless exempt.

d) Permit Requirements − Spring Youth Turkey Hunt

1. All youth hunters must have a current, valid Youth Turkey Hunt Permit ($10). Hunters are eligible to purchase only one Youth Turkey Hunt Permit.

2. For a county permit: Youth Turkey Hunt Permits valid for counties open to youth turkey hunting will be available for sale over-the-counter (OTC) from agents beginning the first Tuesday in March through the last day of the Youth Turkey Season.

3. For a Special Hunt Area permit: Youth hunters may apply online (www.exploremoreil.com) for a site-specific permit valid for one of the Special Hunt Areas. The application period begins the third Tuesday in January and ends the third Monday in February. Permits will be allocated via a lottery drawing in which Illinois residents will be given preference.

4. The applicants must not have had their hunting privileges suspended or revoked in this State or any other state.

5. A $3 service fee will be charged for replacement permits issued by the Department, except when permits are lost in the mail, there will be no charge. Monies derived from this source will be deposited in the Wildlife and Fish Fund.

6. The Youth Turkey Hunt Permit shall be valid only for the dates and counties/Special Hunt Area listed on the permit.

7. A permit issued for the Youth Turkey Hunt will count toward the maximum number of permits (Section 710.20(k)(3)) an individual can receive for the Spring Wild Turkey Season.

e) Youth Turkey Hunting Regulations

1. Each hunter participating in the Illinois Youth Turkey Hunt while using an Apprentice Hunter License or Youth Hunting License must be accompanied by a non-hunting, validly-licensed (Illinois hunting license) adult who is 21 years of age or older.

2. All other hunters (using other types of hunting licenses or license-exempt) participating in the Youth Turkey Hunt must each be accompanied by a non-hunting supervisor (parent, guardian or responsible adult). If the youth is hunting with a firearm, a nonresident supervisor must have a valid Illinois hunting license.

3. The non-hunting supervisor must remain with the hunting youth so as to have the youth under immediate control. Each supervisor may only accompany a single youth at any given time during the hunt. The supervising adult shall be criminally liable for the actions of the youth in the hunting party and shall be subject to the criminal penalties provided by law.

4. All regulations prescribed by Section 710.30 apply during the Youth Turkey Hunt.

f) The following sites will be open to holders of a valid Youth Turkey Hunt Permit for the county in which the site is located. Persons wishing to hunt one of the listed sites should contact that site prior to hunting for information about site regulations and restrictions. Sites that require use of windshield cards by hunters as specified in 17 Ill. Adm. Code 510.10 are followed by a (2).

Anderson Lake State Fish and Wildlife Area

Apple River Canyon State Park − Thompson and Salem Units (2)

Argyle Lake State Park

Big Bend State Fish and Wildlife Area (Whiteside County)

Big Grand Pierre Glade State Natural Area (2)

Big River State Forest (2)

Cache River State Natural Area

Cape Bend State Fish and Wildlife Area

Carlyle Lake State Fish and Wildlife Area (2)

Carlyle Lake State Fish and Wildlife Area – East Fork Management Unit (2)

Cave-In-Rock State Park – Kaegi Tract (2)

Copperhead Hollow State Wildlife Area (2)

Crab Orchard National Wildlife Refuge Public Hunting Area

Crawford County State Fish Wildlife Area

Cretaceous Hills State Natural Area (2)

Cypress Pond State Natural Area

Deer Pond State Natural Area

Devil's Island State Fish and Wildlife Area

Dog Island State Wildlife Management Area

Ferne Clyffe State Park − Cedar Draper State Habitat Area

Fox Creek State Fish and Wildlife Area (2)

Fox Ridge State Park (2)

Giant City State Park

Green River State Wildlife Area (2)

Hamilton County State Fish and Wildlife Area (2)

Hanover Bluff State Natural Area (2)

Horseshoe Lake State Fish and Wildlife Area − Alexander County (Controlled Hunting Area and Public Hunting Area only)

Kaskaskia River State Fish and Wildlife Area

Kinkaid Lake State Fish and Wildlife Area

Lake Shelbyville Project Land (U.S. Army Corps of Engineers managed) – Moultrie County

Lake Shelbyville Project Land (U.S. Army Corps of Engineers managed) – Shelby County

Mackinaw River State Fish and Wildlife Area (2)

Marshall State Fish and Wildlife Area

Mermet Lake State Fish and Wildlife Area (2)

Mississippi River Area Pools 21, 22, 24, 25 and 26

Mt. Vernon Game Propagation Center (1)

Nauvoo State Park (Max Rowe Unit Only) (2)

Newton Lake State Fish and Wildlife Area (2)

Paul C. Burrus Habitat Area (2)

Pere Marquette State Park (2)

Pyramid State Park − East Conant and Park Units (2)

Rall Woods State Natural Area (2)

Rauchfuss Hill State Recreation Area (1)

Ray Norbut State Fish and Wildlife Area (2)

Rend Lake Corps of Engineers-managed land in Jefferson and

Franklin Counties

Rend Lake State Fish and Wildlife Area

Sahara Woods State Fish and Wildlife Area (2)

Saline County State Fish and Wildlife Area (2)

Sam Parr State Fish and Wildlife Area (2)

Shelbyville State Fish and Wildlife Area (2)

Sielbeck Forest State Natural Area (2)

Siloam Springs State Park (2)

Siloam Springs State Park (Buckhorn Unit) (2)

Skinner Farm State Habitat Area

Spoon River State Forest (2)

Tapley Woods State Natural Area (2)

Ten Mile Creek State Fish and Wildlife Area

Trail of Tears State Forest

Turkey Bluffs State Fish and Wildlife Area

Union County State Fish and Wildlife Area (Firing Line and Controlled Hunting Area only)

Weinberg-King State Park (2)

Weinberg-King State Park (Cecil White Unit) (2)

Weinberg-King State Park (Scripps Unit) (2)

Weinberg-King State Park (Spunky Bottoms Unit) (2)

Winston Tunnel State Natural Area (2)

Wise Ridge State Natural Area

Witkowsky State Wildlife Area (2)

g) Statewide regulations shall apply except that all hunting is allowed by site‑specific permit only. The Department of Natural Resources allocates permits for these areas through the lottery process set forth in Section 710.70(d). This permit is only valid for the specific site and season indicated on the permit.

Burning Star State Fish and Wildlife Area (2)

Butterfield Trail State Recreation Area (2)

Castle Rock State Park (2)

Chain O'Lakes State Park

Clinton Lake State Recreation Area (2)

Coffeen Lake State Fish and Wildlife Area (2)

Crab Orchard National Wildlife Refuge (Closed Portion)

Dixon Springs State Park

Edward Madigan State Park – James Helfrich Propagation Center (designated areas only)

Eldon Hazlet State Park (2)

Embarras River Bottoms State Habitat Area (2)

Ferne Clyffe State Park − Ferne Clyffe Hunting Area

Fort Massac State Park (2)

Harry "Babe" Woodyard State Natural Area (2)

Heidecke State Fish and Wildlife Area (Jugtown Unit)

Hidden Springs State Forest (2)

Iroquois County State Fish and Wildlife Area (2)

Jim Edgar Panther Creek State Fish and Wildlife Area

Kankakee River State Park

Kickapoo State Recreation Area (2)

Middle Fork State Fish and Wildlife Area (2)

Momence Wetlands

Moraine View State Park (2)

Ramsey Lake State Park (2)

Sam Dale Lake State Fish and Wildlife Area (2)

Sand Ridge State Forest

Sangchris Lake State Park

Stephen A. Forbes State Park (2)

Wayne Fitzgerrell State Recreation Area

Weldon Springs − Piatt County Unit (2)

History

• Source: Amended at 49 Ill. Reg. 11851, effective September 2, 2025

17 Ill. Adm. Code 715.10 Hunting Season, Open Counties and Permit Quotas

a) Season: The 9 days beginning on Saturday of the second complete 2-day weekend (Saturday and Sunday) after October 10.

b) Open Counties

OPEN COUNTIES

Adams

Alexander

Brown

Calhoun

Carroll

Cass

Clark

Clay

Crawford

Edwards

Franklin

Fulton

Gallatin

Greene

Hamilton

Hancock

Hardin

Henderson

Jackson

Jasper

Jefferson

Jersey

Jo Daviess

Johnson

Knox

Lawrence

Macoupin

Madison

Marion

Mason

Massac

McDonough

Menard

Mercer

Monroe

Morgan

Perry

Pike

Pope

Pulaski

Randolph

Richland

Rock Island

Saline

Schuyler

Scott

Stephenson

Union

Wabash

Warren

Washington

Wayne

White

Whiteside

Williamson

Winnebago

c) Permit quotas shall be set by the Department of Natural Resources on a county or special hunt area basis.

History

• Source: Amended at 49 Ill. Reg. 11871, effective September 2, 2025

17 Ill. Adm. Code 715.20 Statewide Turkey Permit Requirements

a) All turkey hunters must have a current, valid Fall Shotgun Wild Turkey Hunting Permit. Lifetime licenses issued after August 15, 2006 shall not qualify a nonresident of Illinois for a resident turkey permit. All hunters, except those exempted by Section 3.1 of the Wildlife Code [520 ILCS 5] are also required to obtain a hunting license before hunting wild turkey. Fees for fall shotgun turkey permits are as follows:

1. Permits issued via lottery by Permit Office:

Illinois Resident Lottery Permit − $15

Nonresident Lottery Permit − $125

2. Over-the-Counter (OTC) Permits sold by license vendors pursuant to subsection (f); all prices include vendor's issuing fee:

Illinois Resident OTC Permit − $15.50

Nonresident OTC Permit − $125.50

b) Permits are issued for a specific county or area and are valid only in the county or area designated on the permit. Applications for wild turkey permits shall be completed and submitted by visiting one of the Illinois Department of Natural Resources' license vendors, by applying on-line at www.dnr.illinois.gov, or by writing to:

Department of Natural Resources – Fall Shotgun Turkey

One Natural Resources Way

P.O. Box 19446

Springfield IL 62794-9446

c) Applicants must supply all information necessary to complete the application. Incomplete applications shall be rejected and fees returned. Each applicant must submit payment for the individual's application at the time of application. Permits are allocated via computerized lottery drawings held in Springfield, Illinois. Permits are not transferable. For the purpose of this Section, "transfer" means the modification or changing, by the Department or any other person, individual or group, of the name or location of an issued permit to another person or location. Not more than 6 applications may be submitted for group hunters.

d) Applications shall be accepted from residents only from the date on which the application became available through the first Monday in July for the First Lottery. Applications received in the permit office after the first Monday in July shall be included in the next computerized drawing.

e) Permits not issued during the first computerized drawing shall be available in a second computerized lottery drawing. Applications for this drawing will be accepted through the seventh Monday after the initial First Lottery Drawing. Applications received after this date will be rejected and all fees for that application will be refunded. All hunters not receiving a permit in the first computerized drawing and non-residents may apply at this time for the available permits. Illinois residents will be given preference for permits allocated in the Second Lottery Drawing.

f) Permits not issued during the second computerized drawing shall be available OTC from agents designated by the Department (pursuant to 17 Ill. Adm. Code 2520) beginning the fourth Monday after the second lottery deadline on a first-come, first-served basis. Permits will be sold until quotas are exhausted, or until the close of the season. Persons may purchase one or more permits during this period, subject to availability, except that no one may exceed the limit of two permits in total, including landowner permits.

g) A $3 service fee shall be charged for replacement permits issued by the Department, except when permits are lost in the mail, no charge will be made.

h) It shall be unlawful to:

1. Submit applications before the second computerized lottery drawing for more than one permit for the same person;

2. Apply for or receive more than two permits for the fall gun turkey season; or

3. Provide false and/or deceptive information on a permit application form. In addition to criminal charges, individuals found guilty of violating this Section shall have their application rejected, permit revoked, and fees forfeited.

i) Refunds and Cancellations

1. A refund shall be issued by the Department for a permit that has been granted, or for an application that has been submitted, under the following circumstances:

A) The State managed, -owned, or -leased site for which the permit was issued was closed due to a national or State issued emergency or disaster declaration or any other emergency circumstance that resulted in the Department closing access to the hunting site, park or area. Issued permits shall be cancelled by the Department. This subsection (i) shall include, but is not limited to, closure of State parks, fish and wildlife areas, and recreation areas by the Department as a response to a Gubernatorial Disaster Proclamation or executive order;

B) The applicant for a permit was unsuccessful in obtaining a permit in the lottery for which the applicant applied; or

C) Upon the request of the permit holder, a permit was issued due to an error of the Department, the OTC point-of-sale vendor or the applicant. The permit that was issued in error and the request for a refund must be delivered to the Department before the first day of the season listed on the permit. Permits shall be considered delivered to the Department if the permit is received or postmarked before the first day of the season listed on the permit; or

D) Upon the return of an issued permit to the Department before the first day of the season listed on the issued permit. Permits shall be considered delivered to the Department if the permit is received or postmarked before the first day of the season listed on the permit. No refund shall be issued under this subsection (i)(1)(D) if the permit is returned or postmarked after the first day of the season listed on the permit.

2. A permit shall be cancelled if a refund is approved pursuant to subsection (i)(1)(A), (C) or (D). Once a permit has been cancelled, the cancelled permit shall not count towards the total number of permits that an applicant may obtain for the hinting season that the cancelled permit was so issued.

3. Upon the request of a permit holder, a refund may be issued by the Department for a permit that has been granted under the following circumstances:

A) A medical condition or death of the permit holder that prevented the permit holder from hunting. A death certificate or medical documentation showing that the permit holder was unable to or advised not to hunt may be required by the Department before any refund is issued. Requests must be made within 90 days after the start of the season that the permit was issued for and must accompany the return of the permit to the Department at its headquarters in Springfield, Illinois. No refunds shall be issued under this subsection if the request or permit is delivered or postmarked to the Department at its headquarters in Springfield, Illinois 90 days after the first day of the season listed on the permit; or

B) The permit holder was unable to travel or use the permit that was issued due to a national or State issued emergency or disaster declaration that resulted in a danger to the health or safety of the permit holder had they attempted to use the issued permit. Requests must be made within 60 days after the start of the season for which the permit was issued and must accompany the return of the permit to the Department at its headquarters in Springfield, Illinois. No refund shall be issued under this subsection (i)(3)(B) if the request or permit is delivered or postmarked 60 days after the first day of the season listed on the permit.

C) A permit that was issued due to an error of the Department, the OTC point-of-sale vendor, or the applicant, if the permit is returned to the Department before the last day of the season for which the permit was issued.

History

• Source: Amended at 49 Ill. Reg. 11871, effective September 2, 2025

Chapter I Department of Natural Resources

Subchapter b Fish and Wildlife

Part 715 The Taking of Wild Turkeys – Fall Gun Season

17 Ill. Adm. Code 715.21 Turkey Permit Requirements – Special Hunts (repealed)

History

• Source: Repealed at 48 Ill. Reg. 15627, effective October 17, 2024

17 Ill. Adm. Code 715.25 Turkey Permit Requirements – Landowner/Tenant Permits

Requirements and procedures for obtaining landowner/tenant permits are provided in 17 Ill. Adm. Code 528.

History

• Source: Amended at 41 Ill. Reg. 8754, effective June 28, 2017

17 Ill. Adm. Code 715.30 Turkey Hunting Regulations

a) It is unlawful:

1. to use live or electronic turkey decoys, recorded calls, dogs or bait. An area is considered as baited during the presence of and for 10 consecutive days following the removal of bait;

2. to take, or attempt to take, more than one wild turkey per valid permit (either sex may be harvested);

3. to use any weapon except a shotgun. #4 shot is the largest size shot that may be legally used;

4. to hunt except from ½ hour before sunrise to sunset during each day of the season;

5. to hunt wild turkeys without having a signed Wild Turkey Hunting Permit in possession, except that a person without a weapon may accompany a turkey hunter as a caller or observer;

6. to transport or leave a wild turkey without first affixing the turkey permit securely around the leg in the manner prescribed on the permit. Immediately upon kill and before the turkey is moved, transported or field dressed, the hunter must invalidate the leg tag and the tag must be affixed to the turkey (for OTC permits, the leg tag is invalidated by detaching it from the permit; for permits issued by the Permit Office, the leg tag is invalidated by cutting out the designated notch on the tag);

7. to shoot a wild turkey while it is in a tree before 7:00 a.m.; and

8. to possess while in the field, during turkey season, any turkey permit issued to another person. (Permits are non-transferrable.)

b) Successful hunters must register their harvest by 10:00 p.m. on the same calendar day the turkey was taken by calling the toll-free telephone check-in system at 1‑866-ILCHECK or by accessing the on-line check-in system at www.dnr.illinois.gov. Hunters must provide all information requested by the check-in system, and will be provided with a confirmation number to verify that they checked in their harvest. The confirmation number must be written by the hunter onto the leg tag. The leg tag must remain attached to the leg of the turkey until it is at the legal residence of the person who legally took or possessed the turkey and the turkey has been checked in. The turkey must remain whole (or field dressed) until it has been checked in.

History

• Source: Amended at 49 Ill. Reg. 11871, effective September 2, 2025

17 Ill. Adm. Code 715.40 Regulations at Various Department-Owned, -Managed, or -Leased Sites

a) Statewide regulations shall apply for the following sites:

Horseshoe Lake State Park (Madison County) − Gabaret, Mosenthein and Chouteau Island Unit

Kaskaskia River State Fish and Wildlife Area (except that area north of Hwy. 154, east of the Kaskaskia River and south of Risdon School Road and Beck's Landing access road)

Mississippi River State Fish and Waterfowl Management Area (Pools 25 and 26)

Mississippi River Pools 16, 17, 18

Mississippi River Pools 21, 22, 24

Rend Lake Project Lands – Corps of Engineers Managed Lands

Rend Lake State Fish and Wildlife Area

Wise Ridge State Natural Area

b) Statewide regulations shall apply except that all hunters must check in, check out, and report harvest at those sites listed below. Quotas, where listed, shall be on a first come-first served basis. Hunters shall not be allowed to sign in prior to 4 a.m. each day of the season.

Cache River State Natural Area

Cape Bend State Fish and Wildlife Area

Cypress Pond State Natural Area

Deer Pond State Natural Area

Devil's Island State Fish and Wildlife Area

Dixon Springs State Park

Ferne Clyffe State Park – Cedar Draper Bluffs Hunting Area

Ferne Clyffe State Park – Ferne Clyffe Hunting Area

Fort de Chartres State Historic Site (muzzleloading shotguns only)

Giant City State Park

Horseshoe Lake State Fish and Wildlife Area (Public Hunting Area only)

Kinkaid Lake State Fish and Wildlife Area

Rauchfuss Hills State Recreation Area

Skinner Farm State Habitat Area

Trail of Tears State Forest

Turkey Bluffs State Fish and Wildlife Area

Union County State Fish and Wildlife Area – Firing Line Management Unit Only

c) Statewide regulations shall apply except that all hunting is allowed by site‑specific permit only. The Department of Natural Resources allocates permits for these areas through the lottery process set forth in Section 715.20. This permit is only valid for the specific site indicated on the permit.

Apple River Canyon State Park – Salem and Thompson Units (windshield card required)

Crawford County State Fish and Wildlife Area (windshield card required)

Embarras River Bottoms State Habitat Area

Flag Pond State Natural Area

Hamilton County State Conservation Area (windshield card required)

Jim Edgar Panther Creek State Fish and Wildlife Area (windshield card required)

Meeker State Habitat Area (windshield card required)

Newton Lake State Fish and Wildlife Area (windshield card required)

Sam Parr State Fish and Wildlife Area (windshield card required)

Sand Ridge State Forest (windshield card required)

Ten Mile Creek State Fish and Wildlife Area (windshield card required)

Witkowsky State Wildlife Area (windshield card required)

d) Statewide regulations shall apply except hunters shall register and report their harvest through the use of windshield cards as specified in 17 Ill. Adm. Code 510.10.

Argyle Lake State Park

Big Grand Pierre Glade State Natural Area

Big River State Forest

Cave-In-Rock State Park – Kaegi Tract

Copperhead Hollow State Fish and Wildlife Area

Cretaceous Hills State Natural Area

Dog Island State Wildlife Management Area

Fort Massac State Park

Hanover Bluff State Natural Area

Mermet Lake State Fish and Wildlife Area

Nauvoo State Park (Max Rowe Unit only)

Pere Marquette State Park

Rall Woods State Natural Area

Ray Norbut State Fish and Wildlife Area

Ray Norbut State Fish and Wildlife Area – Dutch Creek Unit

Sahara Woods State Fish and Wildlife Area

Saline County State Conservation Area

Sielbeck Forest State Natural Area

Siloam Springs State Park (sign in/sign out required)

Siloam Springs State Park – Buckhorn Unit (sign in/sign out required; resident hunters only)

Spoon River State Forest

Tapley Woods State Natural Area

Weinberg-King State Park

Weinberg-King State Park – Cecil White Unit

Weinberg-King State Park – Scripps Unit

Weinberg-King State Park – Spunky Bottoms Unit

Winston Tunnel State Natural Area

e) Special program for hunters with disabilities. Statewide regulations shall apply unless designated otherwise by site regulations. Only disabled persons participating in the site's firearm deer hunt are eligible to participate. This hunt will run concurrent with the site's firearm deer hunt (refer to 17 Ill. Adm. Code 650.67 for hunt dates). Permits will be $15 each; site specific for Rock Cut; issued at the site during check in for firearm deer hunting. Any additional availability will be publicly announced.

Rock Cut State Park

History

• Source: Amended at 49 Ill. Reg. 11871, effective September 2, 2025

Chapter I Department of Natural Resources

Subchapter b Fish and Wildlife

Part 720 The Taking of Wild Turkeys – Fall Archery Season

17 Ill. Adm. Code 720.10 Hunting Seasons and Counties Open to Hunting

a) All regulations set forth in Section 2.9 of the Wildlife Code [520 ILCS 5/2.9] apply in this Part.

b) For Cook, DuPage and Lake Counties, and that portion of Kane County east of State Route 47 – The season shall be October 1 through the first Sunday after January 13.

c) For all other counties, or parts of counties – The season shall be October 1 through the first Sunday after January 13, closed during the period when deer hunting with a firearm is permitted as set out in 17 Ill. Adm. Code 650, except Department of Natural Resources owned or managed sites designated in Section 720.40 by an asterisk (*) shall be open to archery turkey hunting without regard to firearm deer season (no firearm deer hunting pursuant to 17 Ill. Adm. Code 650 allowed).

History

• Source: Amended at 37 Ill. Reg. 19297, effective November 14, 2013

17 Ill. Adm. Code 720.20 Statewide Turkey Permit Requirements

a) All turkey hunters must have a current, valid Fall Archery Wild Turkey Hunting Permit. Lifetime licenses issued after August 15, 2006 shall not qualify a non-resident of Illinois for a resident turkey permit. All hunters, except those exempted by Section 3.1 of the Wildlife Code [520 ILCS 5] are also required to obtain a hunting license before hunting wild turkey. Archery turkey permits are only available over-the-counter (OTC) from license vendors located throughout the State. Prices for OTC permits sold by license vendors include the vendor's issuing fee. Fees for fall archery turkey permits are as follows:

1. Illinois Resident OTC Permit − $5.50

2. Nonresident OTC Permit − $75.50

b) Hunters purchasing an archery turkey permit must supply all necessary applicant information to the license vendor in order to properly complete the permit.

c) An individual may purchase a maximum of two archery turkey permits per season. Permits are not transferable. For the purpose of this Section, "transfer" means the modification or changing, by the Department or any other person, individual or group of the name or the location on an issued permit to another person or location.

d) A $3 service fee will be charged for replacement permits issued by the Department. The procedures for obtaining a replacement license are detailed in 17 Ill. Adm. Code 2520.50.

e) It shall be unlawful to:

1. Purchase or attempt to purchase or receive more than two archery turkey permits.

2. Provide false and/or deceptive information to a vendor when purchasing a permit. In addition to criminal charges, individuals found guilty of violating this Section shall have their permit revoked and fees forfeited. The procedure by which an individual may appeal an application rejection, permit revocation, and the forfeiture of fees is set forth in 17 Ill. Adm. Code 2530 (Revocation Procedures for Conservation Offenses).

f) Refunds and Cancellations

1. A refund shall be issued by the Department for a permit that has been granted, or for an application that has been submitted, under the following circumstances:

A) Upon the request of the permit holder, a permit was issued due to an error of the Department, the OTC point-of-sale vendor or the applicant. The permit that was issued in error and the request for a refund must be delivered to the Department before the last day of the season listed on the permit. Permits shall be considered delivered to the Department if the permit is received or postmarked before the last day of the season listed on the permit; or

B) Upon the return of an issued permit to the Department before the first day of the season listed on the issued permit. Permits shall be considered delivered to the Department if the permit is received or postmarked before the first day of the season listed on the permit. No refund shall be issued under this subsection (f)(1)(B) if the permit is returned or postmarked after the first day of the season listed on the permit.

2. A permit shall be cancelled if a refund is approved pursuant to subsection (f)(1)(A) or (B). Once a permit has been cancelled, the cancelled permit shall not count towards the total number of permits that an applicant may obtain for the Spring Turkey Hunting Season.

3. Upon the request of a permit holder, a refund may be issued by the Department for a permit that has been granted under the following circumstances:

A) A medical condition or death of the permit holder that prevented the permit holder from hunting. A death certificate or medical documentation showing that the permit holder was unable to or advised not to hunt may be required by the Department before any refund is issued. Requests must be made before the last day of the season that the permit was issued for and must accompany the return of the permit to the Department at its headquarters in Springfield, Illinois. No refunds shall be issued under this subsection if the request or permit is delivered or postmarked to the Department at its headquarters in Springfield, Illinois after the last day of the season listed on the permit; or

B) The permit holder was unable to travel or use the permit that was issued to him or her due to a national or State issued emergency or disaster declaration that resulted in a danger to the health or safety of the permit holder had they attempted to use the issued permit. Requests must be made within 60 days after the start of the season for which the permit was issued and must accompany the return of the permit to the Department at its headquarters in Springfield, Illinois. No refund shall be issued under this subsection (f)(3)(B) if the request or permit is delivered or postmarked 60 days after the first day of the season listed on the permit.

C) A permit that was issued due to an error of the Department, the OTC point-of-sale vendor, or the applicant, if the permit is returned to the Department before the last day of the season for which the permit was issued.

History

• Source: Amended at 49 Ill. Reg. 11886, effective September 2, 2025

Chapter I Department of Natural Resources

Subchapter b Fish and Wildlife

Part 720 The Taking of Wild Turkeys – Fall Archery Season

17 Ill. Adm. Code 720.25 Turkey Permit Requirements – Landowner/Tenant Permits

Requirements and procedures for obtaining landowner/tenant permits are provided in 17 Ill. Adm. Code 528.

History

• Source: Amended at 41 Ill. Reg. 8762, effective June 28, 2017

17 Ill. Adm. Code 720.30 Turkey Hunting Regulations

a) It is unlawful:

1. to use live or electronic turkey decoys, recorded calls, dogs or bait. An area is considered as baited during the presence of and for 10 consecutive days following the removal of bait;

2. to take, or attempt to take, more than 1 wild turkey per valid permit during the fall archery season (either sex may be harvested);

3. to use any weapon except:

A) a long, recurved or compound bow with a minimum pull of 30 pounds at some point within a 28 inch draw. Minimum arrow length is 20 inches;

B) crossbows and bolts specified in 17 Ill. Adm. Code 670.30;

C) arrows or bolts equipped with broadheads. Broadheads may have fixed or expandable cutting surfaces, but they must have a minimum ⅞ inch diameter when fully opened. Broadheads with fixed blades must be metal or flint-, chert-, or obsidian-napped; broadheads with expandable cutting surfaces must be metal. All other bows and arrows, including electronic arrow tracking systems utilizing radio telemetry, are illegal;

4. to hunt except from ½ hour before sunrise to ½ hour past sunset each day of the season;

5. for any person having taken the limit of wild turkeys to further participate with a weapon in any hunting party for the purpose of taking additional turkeys;

6. for any person to hunt wild turkeys without having a signed Archery Wild Turkey Hunting Permit in possession, except that a person without a weapon may accompany a turkey hunter as a caller or observer;

7. to transport or leave a wild turkey without first affixing the turkey permit securely around the leg. Immediately upon kill and before the turkey is moved, transported or field dressed, the hunter must invalidate the leg tag and the tag must be affixed to the turkey (for over-the-counter permits the leg tag is invalidated by detaching it from the permit; for property only hunting (POH) landowner permits, the leg tag is invalidated by cutting out

the designated notch on the tag);

8. for any person to shoot a wild turkey while it is in a tree before 7:00 a.m.; and

9. to possess, while in the field during archery turkey season, any turkey permit issued to another person.

b) Successful hunters must register their harvest by 10:00 p.m. on the same calendar day the turkey was taken by calling the toll-free telephone check-in system at 1‑866-ILCHECK or by accessing the on-line check-in system at www.dnr.illinois.gov. Hunters must provide all information requested by the check-in system, and will be provided with a confirmation number to verify that they checked in their harvest. The confirmation number must be written by the hunter onto the leg tag. The leg tag must remain attached to the leg of the turkey until it is at the legal residence of the person who legally took or possessed the turkey and the turkey has been checked in. The turkey must remain whole (or field dressed) until it has been checked in.

History

• Source: Amended at 46 Ill. Reg. 18785, effective November 2, 2022

17 Ill. Adm. Code 720.40 Regulations at Various Department-Owned, -Leased or -Managed Sites

Statewide regulations shall apply for the following sites, except those sites designated below by asterisk (*) shall be open to archery turkey hunting without regard to firearm deer season. Those sites followed by (1) require hunters to check in and check out. Those sites followed by a (2) require hunters to obtain a permit from the site before hunting. Sites that require use of windshield cards by hunters as specified in 17 Ill. Adm. Code 510.10 are followed by (3).

Alvah Borah State Habitat Area (3)

• Anderson Lake State Conservation Area (1)

Apple River Canyon State Park – Salem and Thompson Units (3)

Argyle Lake State Park (3)

• Beaver Dam State Park (disabled hunting is available in the designated blind location upon request; Class P2A, disabled hunters, are required to be accompanied by a non-disabled hunter, who may also hunt from the same blind location) (1)

Big Bend State Fish and Wildlife Area (1)

Big Grand Pierre State Natural Area (3)

Big River State Forest (3)

Butterfield Trail State Recreation Area (3)

Cache River State Natural Area (1)

Campbell Pond State Wildlife Management Area (3)

Cape Bend State Fish and Wildlife Area (1)

Carlyle Lake Lands and Waters – Corps of Engineers Managed Lands

Carlyle Lake State Fish and Wildlife Management Area (subimpoundment area closes 7 days prior to the start of the waterfowl season for the zone in which Carlyle Lake is located) (3)

Castle Rock State Park (3)

Cave-In-Rock State Park – Kaegi Tract (3)

Chain O'Lakes State Park (closed Friday through Sunday of pheasant season; opens Monday prior to pheasant season and closes Tuesday following close of pheasant season; reopens December 26 through the close of regular season) (1)

Chauncey Marsh State Natural Area (3)

Clinton Lake State Recreation Area (3)

Coffeen Lake State Fish and Wildlife Area (3)

Copperhead Hollow State Fish and Wildlife Area (3)

Crawford County State Conservation Area (3)

Cretaceous Hills State Natural Area (3)

Cypress Pond State Natural Area (1)

Deer Pond State Natural Area (1)

Devil's Island State Fish and Wildlife Area

Dixon Springs State Park (1)

Dog Island State Wildlife Management Area (3)

• Donnelley State Fish and Wildlife Area – Putnam County Unit (1)

Dug Hill State Fish and Wildlife Area (1)

Eagle Creek State Park (3)

Eldon Hazlet State Park (archery hunting is closed in the designated controlled pheasant hunting area on days when the controlled pheasant hunting program is in operation) (3)

Embarrass River Bottoms State Habitat Area (3)

Ferne Clyffe State Park – Cedar Draper Bluffs Hunting Area (1)

Ferne Clyffe State Park – Ferne Clyffe Hunting Area (1)

Flag Pond State Natural Area (3)

Fort de Chartres State Historic Site

• Fort Kaskaskia State Historic Site (opens November 1) (1)

Fort Massac State Park (1)

Fox Creek State Fish and Wildlife Area (3)

Fox Ridge State Park (3)

Frank Holten State Park (opens November 1; crossing of Harding Ditch within confines of site allowed, no hunting from Harding Ditch right-of-way) (3)

Franklin Creek State Park (hunting in designated area only) (3)

French Bluff State Natural Area (3)

Giant City State Park (1)

Green River State Wildlife Area (3)

• Hackmatack State Natural Area (Sunday, Tuesday and Thursday only; 1 hunter allowed at a time; first-come, first-served; (1) (3)

Hamilton County State Conservation Area (3)

Hanover Bluff State Natural Area (3)

Harry "Babe" Woodyard State Natural Area (3)

Hennepin Canal Parkway (open only to hunters with valid site deer permit and a valid archery turkey permit) (2)

Hidden Springs State Forest (3)

Horseshoe Lake State Fish and Wildlife Area (Alexander County) (controlled hunting area closes October 31) (1)

• Horseshoe Lake State Park (Madison County) – Gabaret, Mosenthein and Chouteau Island Units (2)

Iroquois County State Wildlife Area (3)

Jim Edgar Panther Creek State Fish and Wildlife Area (3)

Johnson-Sauk Trail State Park (statewide regulations apply, except that on Wednesdays through Sundays of the site's permit pheasant permit season, hunting only allowed 2:00 p.m. until sunset) (3)

Jubilee College State Park (1)

Kankakee River State Park (archery hunters must wear a cap and upper outer garment with at least 400 square inches of solid blaze orange/pink between 9:00 a.m. and 3:00 p.m. on days when upland game hunting is allowed during the site's controlled hunting season) (3)

Kaskaskia River State Fish and Wildlife Area (no hunting within 50 yards of the Baldwin Lake Waterfowl Rest Area's main north-south road; this defined waterfowl rest area is closed until the Columbus Day holiday) (1 – except south of Highway 154 and north of Highway 13)

Kickapoo State Recreation Area (3)

Kinkaid Lake State Fish and Wildlife Area (1)

Kishwaukee River State Fish and Wildlife Area (3)

• Lincoln Trail State Park (opens November 1) (1)

Lowden-Miller State Forest (3)

Lowden State Park (closed Friday through Sunday and on Columbus Day in October; beginning November 1, archery hunting is allowed 7 days a week) (3)

Mackinaw River State Fish and Wildlife Area (3)

Marseilles State Fish and Wildlife Area (fall archery turkey season closes the first Thursday after January 10; closed Friday, Saturday, and Sunday in October; unauthorized personnel may not be on the site outside of the posted check station operating hours; hunters may only enter the site from designated parking lots) (1)

Marshall State Fish and Wildlife Area (3)

Mautino State Fish and Wildlife Area (3)

Maytown Pheasant Habitat Area (hunting allowed during October only) (3)

Meeker State Habitat Area (3)

Mermet Lake State Fish and Wildlife Area (3)

Middle Fork State Fish and Wildlife Area (3)

Mississippi Palisades State Park (3)

Mississippi River State Fish and Waterfowl Management Area (Pools 25 and 26)

Mississippi River Pools 16, 17 and 18

Mississippi River Pools 21, 22 and 24

Moraine Hills State Park (2)

Moraine View State Park (closed Wednesday through Sunday during site's controlled pheasant season) (3)

• Mt. Vernon Propagation Center (1)

Nauvoo State Park (Max Rowe Unit only) (3)

Newton Lake State Fish and Wildlife Area (3)

Oakford State Conservation Area

Peabody River King State Fish and Wildlife Area (east subunit closed November 1) (1)

Pere Marquette State Park (3)

Pere Marquette State Park – Group Camp Area (2)

Pyramid State Park – East Conant and Park Units (3)

Rall Woods State Natural Area (3)

Ralph Clover State Natural Area

• Ramsey Lake State Park (3)

• Randolph County State Conservation Area

Rauchfuss Hill State Recreation Area (3)

Ray Norbut State Fish and Wildlife Area (3)

• Ray Norbut State Fish and Wildlife Area – Dutch Creek Unit (3)

Ray Norbut State Fish and Wildlife Area – East Hannibal Unit (3)

Red Hills State Park (3)

• Rend Lake Project Lands and Waters – Corps of Engineers Managed Lands

• Rend Lake State Fish and Wildlife Area

• Rockton Bog State Natural Area (3)

Sahara Woods State Fish and Wildlife Area (3)

Saline County State Conservation Area (3)

• Sam Dale Lake State Fish and Wildlife Area (3)

• Sam Parr State Fish and Wildlife Area (3)

Sand Ridge State Forest (3)

Sandy Ford State Natural Area (1)

Sanganois State Fish and Wildlife Area (3)

• Sangchris Lake State Park (site will be closed to archery deer and turkey hunting during the second firearm deer season) (3)

• Shabbona Lake State Park (3)

Shelbyville Lake – Corps of Engineers Managed Lands

Shelbyville State Fish and Wildlife Management Area (3)

Sielbeck Forest State Natural Area (3)

Siloam Springs State Park (3)

• Siloam Springs State Park – Buckhorn Unit (resident hunters only) (3)

Skinner Farm State Habitat Area (3)

• Sparks Pond Land and Water Reserve (3)

Spoon River State Forest (3)

• Spring Lake State Fish and Wildlife Area (3)

Starved Rock State Park/Matthiessen State Park (no turkey hunting in the nature preserves; open only in areas where archery deer hunting is allowed other than nature preserves; must have valid archery deer permit in possession to hunt turkeys; open concurrent with site archery deer season) (1)

• Stephen A. Forbes State Park (3)

Tapley Woods State Natural Area (3)

Ten Mile Creek State Fish and Wildlife Area (3)

Trail of Tears State Forest (1)

Turkey Bluffs State Fish and Wildlife Area

Union County State Fish and Wildlife Area (Fire Line Unit open throughout statewide season; Controlled Hunting Area open October 1 through October 31) (1)

Volo Bog State Natural Area (2)

Walnut Point State Park (3)

• Washington County State Conservation Area (1)

Wayne Fitzgerrell State Park (no hunting during controlled hunts as posted at the site) (1)

Weinberg-King State Park (3)

Weinberg-King State Park – Cecil White Unit (3)

Weinberg-King State Park – Scripps Unit (resident hunters only) (3)

Weinberg-King State Park – Spunky Bottoms Unit (resident hunters only) (3)

White Pines Forest State Park (closed Friday through Sunday and on Columbus Day in October; beginning November 1, archery hunting is allowed 7 days a week, excluding the site's special firearm deer season) (3)

Wildcat Hollow State Forest (3)

Winston Tunnel State Natural Area (3)

Wise Ridge State Natural Area

Witkowsky State Wildlife Area (opens October 15) (3)

• Zoeller State Natural Area (site specific archery deer permit hunters only) (3)

History

• Source: Amended at 49 Ill. Reg. 11886, effective September 2, 2025

Chapter I Department of Natural Resources

Subchapter b Fish and Wildlife

Part 720 The Taking of Wild Turkeys – Fall Archery Season

17 Ill. Adm. Code 720.50 Releasing or Stocking of Turkeys (repealed)

History

• Source: Repealed at 9 Ill. Reg. 14311, effective September 5, 1985

17 Ill. Adm. Code 730.10 Statewide Regulations

a) Dove regulations are in accordance with Federal Regulations, unless the regulations in this rule are more restrictive. (50 CFR 20.103, 1990)

b) Season dates, daily limits and possession limits for mourning doves and white-winged doves are in accordance with federal regulations. White-winged doves (Genus Streptopelia) shall be included in the daily limits and possession limits established for mourning doves. There is no daily bag limit or possession limit on pigeons, Eurasian-collared doves and ringed turtle doves. If hunters reach their daily bag limit of mourning/white-winged doves, they may not remain in the field for the purpose of taking more pigeons, Eurasian-collared doves or ringed turtle doves.

c) Hunting hours: Sunrise to sunset.

History

• Source: Amended at 49 Ill. Reg. 11901, effective September 2, 2025

17 Ill. Adm. Code 730.20 Regulations at Various Department-Owned, -Leased or -Managed Sites

a) All the regulations in 17 Ill. Adm. Code 510 – General Hunting and Trapping on Department-Owned, -Leased or -Managed Sites apply in this Section, unless this Section is more restrictive.

b) General Regulations

1. Hunters shall possess only lead or an approved non-toxic (as defined by the U.S. Fish and Wildlife Service in 50 CFR 20) shot, such as bismuth, of size #7.5 or smaller, or steel shot size #6 or smaller for taking of doves, except as noted in subsection (b)(2), and except these restrictions do not apply after October 31.

2. Only U.S. Fish and Wildlife Service approved non-toxic shot may be possessed for doves on the following areas:

Anderson Lake State Conservation Area

Banner Marsh State Fish and Wildlife Area

Big Bend State Fish and Wildlife Area (#)

Big River State Forest

Burning Star State Fish and Wildlife Area

Cache River State Natural Area

Cape Bend State Fish and Wildlife Area

Carlyle Lake State Fish and Wildlife Area

Chain O'Lakes State Park

Clinton Lake State Recreation Area (dove management fields only)

Coffeen Lake State Fish and Wildlife Area

Copperhead Hollow State Fish and Wildlife Area

Crawford County State Fish and Wildlife Area

Des Plaines State Conservation Area

Dixon Springs State Park

Double T State Fish and Wildlife Area

Edward Madigan State Park (dove management fields only)

Eldon Hazlet State Park

Fox Ridge State Park

Green River State Wildlife Area

Harry "Babe" Woodyard State Natural Area

Hennepin Canal Parkway State Park

Horseshoe Lake State Fish and Wildlife Area (Alexander County)

Horseshoe Lake State Park (Madison County)

Horseshoe Lake State Park (Madison County) Gabaret, Mosenthein, Chouteau Island Unit

Jim Edgar Panther Creek State Fish and Wildlife Area

Johnson-Sauk Trail State Park

Jubilee College State Park

Kankakee River State Park

Kaskaskia River State Fish and Wildlife Area (designated areas)

Kickapoo State Recreation Area

Lake Le Aqua Na State Park

Mackinaw River State Fish and Wildlife Area

Marshall State Fish and Wildlife Area

Matthiessen State Park

Mautino State Fish and Wildlife Area

Middle Fork State Fish and Wildlife Area

Mississippi River Pools 16, 17 and 18

Mississippi River State Fish and Wildlife Area (Pools 25 and 26)

Moraine View State Park

Mt. Vernon Game Propagation Center

Peabody River King State Fish and Wildlife Area

Pere Marquette State Park

Pyramid State Park – Captain, Denmark, East Conant and Galum Units

Ramsey Lake State Park

Ray Norbut State Fish and Wildlife Area

Rend Lake State Fish and Wildlife Area and Corps of Engineers managed areas of Rend Lake

Rice Lake State Fish and Wildlife Area

Sam Parr State Fish and Wildlife Area

Sand Prairie Pheasant Habitat Area

Sanganois State Fish and Wildlife Area

Sangchris Lake State Park

Shabbona Lake State Park

Shelbyville State Fish and Wildlife Area

Siloam Springs State Park

Siloam Springs State Park – Buckhorn Unit

Silver Springs State Fish and Wildlife Area

Skinner Farm State Habitat Area

Snakeden Hollow State Fish and Wildlife Area/Victoria Pheasant Habitat Area

Spoon River State Forest

Starved Rock State Park

Stephen A. Forbes State Recreation Area

Ten Mile Creek State Fish and Wildlife Area (areas posted as rest area)

Union County State Fish and Wildlife Area

Weinberg-King State Park

3. On areas where hunters are required to hunt from marked or staked sites, hunters must hunt within 10 feet of the marked site.

4. No hunting is allowed within 100 yards of a designated dove management field except for hunters who are part of the hunter quota for that field.

5. At sites indicated by (#), hunters are required to check in and/or sign out as provided in 17 Ill. Adm. Code 510. Sites that require use of windshield cards by hunters as specified in 17 Ill. Adm. Code 510.10 are followed by (1).

6. At sites where additional regulations apply, they are noted in parentheses after the site name.

7. Hunting hours and hunting dates at all sites that are open during the upland game season shall coincide with hunting hours and hunting dates listed for the respective sites listed in 17 Ill. Adm. Code 530.

c) Statewide season regulations as provided for in this Part shall apply at the following sites:

Argyle Lake State Park (season opens day after Labor Day) (1)

Burning Star State Fish and Wildlife Area (1)

Cache River State Natural Area (#)

Campbell Pond State Wildlife Management Area (1)

Cape Bend State Fish and Wildlife Area (#)

Carlyle Lake Lands and Waters – Corps of Engineers managed lands (#)

Carlyle Lake State Fish and Wildlife Area (1)

Chauncey Marsh State Natural Area (permit required; may be obtained at Red Hills State Park headquarters; permits must be returned by 15 February) (1)

Clinton Lake State Recreation Area (except dove management fields; hunting hours are 12:00 to 5:00 p.m. from September 1 – 5; statewide hours/season thereafter) (1)

Copperhead Hollow State Fish and Wildlife Area (1)

Corps of Engineers managed areas of Rend Lake

Cypress Pond State Natural Area (#)

Deer Pond State Natural Area (#)

Devil's Island State Fish and Wildlife Area

Dixon Springs State Park (#)

Dog Island State Wildlife Management Area (1)

Ferne Clyffe State Park (#)

Ft. de Chartres State Historic Site (muzzleloading shotgun only) (#)

Ft. Massac State Park (1)

Freeman Mine (permit required)

Giant City State Park (#)

Hidden Springs State Forest (1)

Horseshoe Lake State Fish and Wildlife Area (Alexander County) (shooting hours from noon to 5:00 p.m. September 1 through 5; sunrise to sunset thereafter to October 28) (#)

Marseilles State Fish and Wildlife Area (after Labor Day closed Friday, Saturday and Sunday through October) (#)

Marshall State Fish and Wildlife Area (1)

Meeker State Habitat Area (1)

Mermet Lake State Fish and Wildlife Area (1)

Mississippi River Pools 16, 17 and 18

Mississippi River Pools 21, 22, 24

Moraine View State Park (dove management fields only; shooting hours from noon to 5 p.m., September 1-5 and sunrise to sunset from September 6 through October 15) (1)

Nauvoo State Park – Max Rowe Unit (1)

Oakford State Conservation Area

Pere Marquette State Park (1)

Ray Norbut State Fish and Wildlife Area (1)

Red Hills State Park (1)

Sahara Woods State Fish and Wildlife Area (1)

Saline County State Fish and Wildlife Area (1)

Sand Ridge State Forest (season open from opening day of dove season through October 31) (1)

Sangamon County State Conservation Area

Sanganois State Fish and Wildlife Area (1)

Sielbeck Forest State Natural Area (1)

Siloam Springs State Park (1)

Siloam Springs State Park – Buckhorn Unit (1)

Spoon River State Forest (1)

Trail of Tears State Forest (#)

Union County State Fish and Wildlife Area – Controlled Hunting Area (shooting hours from noon to 5 p.m., September 1-5 and sunrise to sunset from September 6-October 28) (#)

Weinberg-King State Park (1)

Weinberg-King State Park – Scripps and Spunky Bottoms Units (1)

Wildcat Hollow State Forest (1)

Wise Ridge State Natural Area

d) Statewide regulations as provided in this Part shall apply at the following sites except that hunting hours are 12 noon to 5 p.m. daily September 1-5; season closes September 30. A drawing will be held at 11 a.m. if more hunters show up than can be accommodated.

Banner Marsh State Fish and Wildlife Area (sunrise to noon daily September 1-5, drawing one hour before sunrise) (#)

Chain O'Lakes State Park (1)

Double T State Fish and Wildlife Area (sunrise to noon daily September 1-5, drawing one hour before sunrise) (#)

Hennepin Canal State Park (#)

Jubilee College State Park (hunting allowed only on opening day, Saturdays, Sundays, Wednesdays and holidays) (#)

Mautino State Fish and Wildlife Area (#)

Morrison Rockwood State Park (#)

Rice Lake State Fish and Wildlife Area (sunrise to noon daily September 1-5, drawing one hour before sunrise) (#)

Sam Dale Lake State Fish and Wildlife Area (1)

Shabbona Lake State Park (1)

Snakeden Hollow State Fish and Wildlife Area/Victoria Pheasant Habitat Area

e) Statewide regulations as provided for in this Part shall apply at the following sites, except that hunting hours are 12 noon to 5 p.m. daily September 1-5. A drawing will be held at 11 a.m. if more hunters show up than can be accommodated.

Anderson Lake State Conservation Area (#)

Big River State Forest (1)

Clinton Lake State Recreation Area (dove management fields only) (1)

Fox Ridge State Park (dove management fields only) (1)

Harry "Babe" Woodyard State Natural Area (permit required) (1)

Kaskaskia River State Fish and Wildlife Area (Doza Creek Waterfowl Management Area closes October 14; the defined Baldwin Lake Waterfowl Rest Area is closed) (#)

Kinkaid State Fish and Wildlife Area (#)

Middle Fork State Fish and Wildlife Area (dove management fields only) (1)

Newton Lake State Fish and Wildlife Area (dove management units) (1)

Peabody River King State Fish and Wildlife Area (East Subunit closes October 14) (#)

Randolph County State Conservation Area (#)

Shelbyville State Fish and Wildlife Area (1)

Skinner Farm State Habitat Area (#)

Turkey Bluffs State Fish and Wildlife Area (#)

Washington County State Conservation Area (closes October 14) (#)

World Shooting and Recreation Complex (designated dove management fields only) (#)

f) Statewide regulations as provided for in this Part shall apply at the following sites, except that hunting hours are 12 noon to 5 p.m. daily September 1-30. A drawing will be held at 11 a.m. if more hunters show up than can be accommodated.

Crawford County State Fish and Wildlife Area (1)

Hamilton County State Fish and Wildlife Area (1)

Lake Le Aqua Na State Park (#)

Sam Parr State Fish and Wildlife Area (1)

g) Statewide regulations apply except that hunting hours are 12 noon to 5 p.m. from September 1-5; hunters must obtain a free permit from the Department; permits must be in possession while hunting on the site. Permit must be returned and harvest reported by February 15 or hunter will forfeit hunting privileges for that site for the following season.

Fox Ridge State Park (except dove management units; shooting hours after September 5 are 12 noon to sunset) (1)

Kickapoo State Recreation Area (1)

Lake Shelbyville – Eagle Creek State Park (season opens day after Labor Day; closes October 14; shooting hours are 12 noon to sunset) (1)

Middle Fork State Fish and Wildlife Area (except dove management units) (1)

Newton Lake State Fish and Wildlife Area (except dove management units) (1)

h) Statewide regulations as provided for in this Part shall apply at the following sites, except that hunting hours are sunrise to 11:30 a.m. daily September 1-5; season closes September 30. A drawing will be held one hour before sunrise if more hunters show up than can be accommodated.

Coffeen Lake State Fish and Wildlife Area (#)

Eldon Hazlet State Park (1)

Mt. Vernon Game Propagation Center (#)

Pyramid State Park (All hunting units) (all hunters must register as a group not to exceed 4 names per card; a hunter’s name may only appear on one draw card and cards shall be in possession of the hunters or group while hunting) (1)

Ramsey Lake State Park (#)

Rend Lake State Fish and Wildlife Area (#)

Stephen A. Forbes State Park (1)

Ten Mile Creek State Fish and Wildlife Area (season closes on statewide closing date) (1)

i) Permit Areas

1. Permit Season Regulations

A) Permit season dates shall be September 1-5 and hunting hours are 12 noon to 5 p.m. at the sites listed in subsection (i)(3). At sites designated as (a), hunting hours are sunrise to 11:30 a.m.

B) Permit Applications

Permit applications will be accepted starting in June. Initial acceptance dates and methods for making applications will be publicly announced. A hunter can obtain up to 2 dove permits as follows: Only applications submitted by Illinois residents will be processed during the first lottery to apply for up to one dove permit. Non-residents and residents who did not receive a permit or did not apply in the first lottery will be eligible to participate in the second lottery to apply for their first dove permit. Residents will have priority in the 2nd lottery. Residents and non-residents can apply for a 2nd permit during the phone-in reservation period to be held after the lottery. Successful applicants will be sent confirmation via email or can access the Reservation Inquiry System to see if they were awarded a permit.

C) Drawings for permits at specific sites may be canceled at any time due to flooding, inclement weather, staff shortages or other adverse conditions beyond the Department's control. Hunters are urged to select a second choice of sites on their permit application.

D) Permits are not transferrable.

E) Permits will be issued from the Springfield Permit Office for permit controlled sites. For other information, go to www.dnr.illinois.gov.

F) Hunting at these areas is by special permit only for the first five days of the season; thereafter, no permits are required for hunting these sites. All permits will be issued from Springfield and not from the site.

G) Check in time for registration shall be between 9 a.m. and 11 a.m. each day. Openings after 11 a.m. may be filled by drawing for standbys if more hunters register than there are vacancies. At sites designated as (b), check in time for registration shall be between 4:00 a.m. and 5:30 a.m. each day. Openings after 5:30 a.m. may be filled by drawing for standbys if more hunters register than there are vacancies. If standby drawings are not held then 17 Ill. Adm. Code 510.10(d)(3) shall apply.

H) All hunters must wear a DNR issued backpatch.

2. Non-Permit Season Regulations

A) Non-permit season shall be September 6-30 except as indicated in parentheses.

B) Non-permit hunting hours shall be 12 noon to sunset except as indicated in parentheses.

C) No permits are required except as indicated in parentheses.

D) Check in and check out is required except as indicated in parentheses.

E) Hunter quotas will be filled on a first-come, first-served basis.

3. Sites

Big Bend State Fish and Wildlife Area (non-permit hunting hours sunrise to sunset)

Des Plaines State Conservation Area

Edward R. Madigan State Park

Green River State Wildlife Area/Sand Prairie Habitat Area (non-permit hunting hours are sunrise to sunset) (1)

Horseshoe Lake State Park (Madison County) (non-permit hunting hours are 12 noon to 5 p.m.)

Horseshoe Lake State Park (Madison County) − Gabaret, Mosenthein, Chouteau Island Unit (non-permit hunting hours are 12 noon to 5:00 p.m. September 6 through October 14)

Iroquois County State Wildlife Area (1)

Jim Edgar Panther Creek State Fish and Wildlife Area (on the Controlled Unit only those hunters engaged in the controlled pheasant hunting program may take doves during the November portion of the dove season; on the Quail Management Unit only those hunters with Quail Management Unit Permits may take doves during the November portion of the dove season) (1)

Johnson Sauk Trail State Park (non-permit hunting hours are sunrise to sunset) (1) (a) (b)

Kankakee River State Park (1)

Mackinaw River State Recreation Area (non-permit hunting hours sunrise to sunset; each permit authorizes the holder to bring one hunting partner) (1)

Matthiessen State Park

Sangchris Lake State Park (closed after Sunday of the third weekend in September; designated fields will be open from sunrise to 12 noon starting the 6th day of the dove season)

Silver Springs State Park (closed during National Hunting and Fishing Day Weekend)

Snakeden Hollow State Fish and Wildlife Area/Victoria Pheasant Habitat Area (non-permit hunting hours sunrise to sunset)

Starved Rock State Park

History

• Source: Amended at 49 Ill. Reg. 11901, effective September 2, 2025

Chapter I Department of Natural Resources

Subchapter b Fish and Wildlife

Part 730 Dove Hunting

17 Ill. Adm. Code 730.30 Youth and Youth/Adult Dove Hunts at Various Department-Owned or -Managed Sites (repealed)

History

• Source: Repealed at 25 Ill. Reg. 11373, effective August 14, 2001

17 Ill. Adm. Code 730.40 Youth Dove Hunting

a) A one-day Youth Dove Hunt will be held the first weekend day in September or Labor Day, whichever comes first, at the following sites:

Horseshoe Lake State Park (Madison County)

b) A one-day youth/adult dove hunt will be held the first weekend day in September or Labor Day, whichever comes first, where both the youth and adult will be permitted to hunt at the following sites:

Jim Edgar Panther Creek State Fish and Wildlife Area

Jubilee College State Park

Kankakee River State Park

Mackinaw River State Fish and Wildlife Area (only nontoxic shot, as defined by the U.S. Fish and Wildlife Service in 50 CFR 20, #6 steel shot or #7½ bismuth shot or smaller may be possessed)

Mt. Vernon Game Farm

Ramsey Lake State Park

Sam Parr State Fish and Wildlife Area

Sangchris Lake State Park

Silver Springs State Fish and Wildlife Area

c) Hunting hours are from 12:00 p.m. to 5:00 p.m. Check-in time is from 10:00 a.m. to 11:00 a.m.

d) Hunter quota will be announced by public news release. Hunter quota is determined by the formula: one hunter per 10 to 40 huntable acres. Huntable acres are determined by, but not limited to, the biological studies on the number of the species available; the condition, topography, and configuration of the land at the site; and the number of employees available to work at the site.

e) All hunters must have a hunting permit and wear a back patch while hunting. Stand-by permits will be available at the site by lottery drawing if vacancies occur.

f) Applicants must be between the ages of 10-17 inclusive, with a valid Illinois hunting license.

g) Each youth must be accompanied by a supervising adult. If the hunter does not have a valid Firearm Owner's Identification (FOID) card, the supervising adult is required to have a FOID card. Only one supervising adult in a hunting party is required to have a valid FOID card if the hunters in the hunting party stay under the immediate control (accompany youth hunters at all times) of the supervising adult possessing the valid FOID card. All adult hunters must have a valid FOID card. The supervising adults shall be criminally liable for the actions of the youth in the hunting party and be subject to the criminal penalties provided by law.

h) Applicants must contact the Department to obtain a permit reservation. Starting dates and methods for making reservations will be publicly announced. Multiple reservations for the same person will not be accepted and that person will forfeit his right to acquire a reservation for the season.

History

• Source: Amended at 49 Ill. Reg. 11901, effective September 2, 2025

Chapter I Department of Natural Resources

Subchapter b Fish and Wildlife

Part 740 Crow, Woodcock, Snipe, Rail and Teal Hunting

17 Ill. Adm. Code 740.5 Applicable Federal Regulations

Federal Register documents listing U.S. Fish and Wildlife Service regulations and establishing seasons for migratory birds may be viewed at: www.fws.gov/policy/frsystem.

History

• Source: Added at 45 Ill. Reg. 12837, effective September 24, 2021

17 Ill. Adm. Code 740.10 Statewide Regulations

a) Woodcock, snipe, crow and rail regulations are in accordance with Federal Regulations (50 CFR 20, effective August 26, 1990) (no incorporation in this Part includes later amendments or editions) unless the regulations in this Part are more restrictive.

b) The regulations in Section 2.33 of the Wildlife Code on illegal devices shall apply to this Part, unless federal regulations are more restrictive.

c) Woodcock

1. Season dates, daily limits and possession limits are in accordance with federal regulations.

2. Hunting hours: Sunrise to Sunset

d) Snipe (Common)

1. Season dates, bag limits and possession limits are in accordance with federal regulations.

2. Hunting hours: Sunrise to Sunset

e) Rail (Sora and Virginia)

1. Season dates, bag limits and possession limits are in accordance with federal regulations

2. Hunting hours: Sunrise to Sunset

f) Teal

1. Teal regulations are in accordance with federal regulations, (50 CFR 20.103, effective August 26, 1990; 50 CFR 20.104, effective August 26, 1990; 50 CFR 20.105, effective August 26, 1990; 50 CFR 20.106, effective August 26, 1990; and 50 CFR 20.109, effective August 26, 1990), unless the regulations in this Part are more restrictive.

2. It shall be unlawful to take, possess, transport, or use migratory waterfowl except during such period of time and in such manner and numbers as may be provided in the Federal "Migratory Bird Treaty Act" (16 USC 703-711), the "Migratory Bird Hunting Stamp Act" (16 USC 718 et seq.), and annual "Rules and Regulations for Migratory Bird Hunting" (50 CFR 20, effective August 29, 1990) (collectively referred to in this Part as federal regulations), or contrary to the Wildlife Code.

3. Hunting hours are sunrise-sunset.

g) Crow

1. Season dates: October 28 through the next following February 28.

2. Hunting hours are ½ hour before sunrise through sunset.

h) It shall be unlawful while attempting to take teal, rail or snipe to have in possession any shotgun shells not approved as non-toxic by federal regulations (50 C.F.R. Chapter I, Subchapter B, Part 20).

History

• Source: Amended at 49 Ill. Reg. 11921, effective September 2, 2025

17 Ill. Adm. Code 740.20 Regulations at Various Department-Owned, -Managed, or -Leased Sites

a) All the rules in 17 Ill. Adm. Code 510 apply in this Section, unless this Section is more restrictive. Sites that require use of windshield cards by hunters as specified in 17 Ill. Adm. Code 510.10 are followed by (1).

b) Woodcock, snipe and rail hunting; statewide regulations as provided for in this Part shall apply at the following areas (exceptions are in parentheses):

Alvah Borah State Habitat Area (1)

Anderson Lake Conservation Area (closed 7 days before duck season)

Big Bend State Fish and Wildlife Area

Big River State Forest (1)

Burning Star State Fish and Wildlife Area (1)

Butterfield Trail State Recreation Area (1)

Cache River State Natural Area

Campbell Pond State Wildlife Management Area (1)

Cape Bend State Fish and Wildlife Area

Carlyle Lake Lands and Waters – Corps of Engineers managed lands

Carlyle Lake State Fish and Wildlife Area (sub-impoundment area closes 7 days prior to the start of the waterfowl season for the zone in which Carlyle Lake is located)

Chauncey Marsh State Natural Area (1)

Clinton Lake State Recreation Area (1)

Crawford County State Conservation Area (1)

Cypress Pond State Natural Area

Deer Pond State Natural Area

Devil's Island State Wildlife Management Area

Dog Island State Wildlife Management Area (1)

Eldon Hazlet State Park (North of Allen Branch and west of Peppenhorst Branch only) (1)

Ferne Clyffe State Park

Ft. de Chartres State Historic Site (hunting with muzzleloading shotgun only)

Ft. Massac State Park (1)

Fox Ridge State Park (woodcock only; 4:00 p.m. daily closings) (1)

Giant City State Park

Green River State Wildlife Area (1)

Hamilton County State Conservation Area (statewide hours until rabbit season, then 8:00 a.m. to 4:00 p.m.) (1)

Harry "Babe" Woodyard State Natural Area (woodcock only; closes October 31) (1)

Hidden Springs State Forest (4:00 p.m. daily closing) (1)

Horseshoe Lake State Fish and Wildlife Area (Public Hunting Area) (Alexander County)

Iroquois County State Wildlife Management Area (season closes the day before permit pheasant season; 4:00 p.m. daily closing; closed to snipe hunting) (1)

Jim Edgar Panther Creek State Fish and Wildlife Area (hunters are restricted to the Open Units portion of the site during the controlled pheasant season, except those hunters who possess a valid free upland game permit (1)

Jubilee College State Park (season coincides with Jubilee Upland season, 17 Ill. Adm. Code 530.110)

Kaskaskia River State Fish and Wildlife Area (Doza Creek Waterfowl Management Area closed 7 days prior to waterfowl season; the defined Baldwin Lake Waterfowl Rest Area is closed)

Kickapoo State Recreation Area (woodcock only; 4:00 p.m. daily closing; closed during firearm deer season) (1)

Kinkaid Lake State Fish and Wildlife Area

Lake Shelbyville – Eagle Creek State Park (woodcock only; 4:00 p.m. daily closing; closes opening day of site's pheasant season) (1)

Mackinaw State Fish and Wildlife Area (woodcock only; closed during firearm deer season) (1)

Marshall State Fish and Wildlife Area – All Units (open during teal and early goose season only) (1)

Meeker State Habitat Area (1)

Mermet Lake State Fish and Wildlife Area (1)

Middle Fork State Fish and Wildlife Area (woodcock only; 4:00 p.m. daily closing; closed during firearm deer season) (1)

Mississippi River State Fish and Waterfowl Management Area (Pools 25 and 26)

Mississippi River Pools 16, 17, and 18

Mississippi River Pools 21, 22 and 24

Moraine View State Park (woodcock only; 4:00 p.m. daily closing; season closes the day before site's controlled pheasant season) (1)

Newton Lake State Fish and Wildlife Area (woodcock only; closed during firearm deer season) (1)

Oakford State Conservation Area

Peabody River King State Fish and Wildlife Area (West subunit only; woodcock only)

Pyramid State Park – Captain, Denmark and East Conant Units (open to hunters with a free upland game permit, daily draw waterfowl permit and windshield card) (1)

Pyramid State Park – Galum and Park Units (1)

Ramsey Lake State Park (statewide hours until rabbit season begins; then 8:00 a.m. to 4:00 p.m.) (1)

Randolph County State Conservation Area (woodcock only)

Ray Norbut State Fish and Wildlife Area (1)

Red Hills State Park (1)

Rend Lake State Fish and Wildlife Area and Corps of Engineers managed areas of Rend Lake

Rice Lake State Wildlife Area (season open during teal season only; sunrise until 1:00 p.m.)

Sahara Woods State Fish and Wildlife Area (1)

Saline County State Fish and Wildlife Area (1)

Sam Dale Lake State Fish and Wildlife Area (statewide hours until rabbit season, then 8:00 a.m. to 4:00 p.m.) (1)

Sam Parr State Fish and Wildlife Area (statewide hours until rabbit season, then 8:00 a.m. to 4:00 p.m.) (1)

Sand Ridge State Forest (During the controlled pheasant hunting season, hunters must abide by those portions of 17 Ill. Adm. Code 530.105 and 530.110 which pertain to Sand Ridge State Forest) (1)

Sanganois State Fish and Wildlife Area (1)

Shelbyville State Fish and Wildlife Area (4:00 p.m. daily closing) (1)

Sielbeck Forest State Natural Area (1)

Skinner Farm State Habitat Area

Snake Den Hollow State Fish and Wildlife Area/Victoria Pheasant Habitat Area (closes September 30) (1)

Spoon River State Forest (1)

Stephen A. Forbes State Recreation Area (statewide hours until rabbit season, then 8:00 a.m. to 4:00 p.m.) (1)

Ten Mile Creek State Fish and Wildlife Area (non-toxic shot only for woodcock hunting in waterfowl rest areas) (1)

Trail of Tears State Forest

Turkey Bluffs State Fish and Wildlife Area

Union County State Fish and Wildlife Area (Firing Line Management Area only)

Washington County State Conservation Area (woodcock only)

Weinberg-King State Park (1)

Weinberg-King State Park – Spunky Bottoms Unit (1)

Wildcat Hollow State Forest

Wise Ridge State Natural Area

c) Woodcock, snipe and rail hunting permitted, exceptions as noted in parentheses. Hunters must obtain a permit from site office and permit must be in possession while hunting. Failure to report harvest by February 15 will result in loss of hunting privileges at that site for the following year.

Horseshoe Lake State Park (Madison County) − Gabaret, Mosenthein, Chouteau Island Unit (permit required)

d) Teal hunting; statewide regulations as provided for in this Part shall apply on the following sites, except no permanent blinds allowed except as authorized in 17 Ill. Adm. Code 590.15, 590.20, 590.40 and 590.50 (exceptions are in parentheses):

Anderson Lake State Fish and Wildlife Area

Burning Star State Fish and Wildlife Area (1)

Cache River State Natural Area

Campbell Pond State Wildlife Management Area (1)

Cape Bend State Fish and Wildlife Area

Carlyle Lake Lands and Waters – Corps of Engineers managed lands (waters of Peppenhorst Branch and Allen Branch north of the buoys only)

Carlyle Lake State Fish and Wildlife Area

Chain O'Lakes State Park (hunting is allowed only from numbered blind sites; the blinds need not be completed)

Chauncey Marsh State Natural Area (1)

Clear Lake State Waterfowl Management Area (1)

Clinton Lake State Recreation Area (hunting in waterfowl areas East of Parnell Bridge and North of Route 54 only)

Coffeen Lake State Fish and Wildlife Area (hunters must sign in prior to hunting and sign out reporting harvest at the end of each day; hunting from staked sites only; no permanent blinds; hunting by boat access only; no cutting vegetation on site; hunting north of North 6th Avenue only; four hunters per blind site; no fishing north of North 6th Avenue during this season; shooting hours from legal opening to 9:00 a.m.; all hunters must be signed out by 10:00 a.m.)

Cypress Pond State Natural Area

Deer Pond State Natural Area

Des Plaines State Conservation Area (hunting is allowed only from numbered blind sites; the blinds need not be completed) (1)

Devil's Island State Wildlife Management Area

Dog Island State Wildlife Management Area (1)

Eldon Hazlet State Park – North Allen Branch Waterfowl Management Area (1)

Embarras River Bottoms State Habitat Area (1)

Ft. de Chartres State Historic Site (hunting is allowed from anchored, portable boat blinds only)

Fox Creek State Fish and Wildlife Area (hunting is allowed in designated waterfowl hunt units only) (1)

Horseshoe Lake State Fish and Wildlife Area – Public Hunting Area (Alexander County)

Horseshoe Lake State Park (Madison County) (hunting is allowed only from numbered blind sites; blind builders must claim their blinds 1 hour before shooting time each day or blind is open to the public; blinds need not be completed; hunters must sign in at the Main Office prior to hunting and sign out to report harvest after the hunt)

Horseshoe Lake State Park (Madison County) − Gabaret, Mosenthein, Chouteau Island Unit (permit required)

Kaskaskia River State Fish and Wildlife Area (the defined Baldwin Lake Waterfowl Rest Area is closed)

Lake Shelbyville – Corps of Engineers Managed Lands and Waters

Lake Sinnissippi State Fish and Wildlife Area (hunting is allowed only from numbered blind sites; blind builders must claim their blinds ½ hour before shooting time each day or blind is open to the public; blinds need not be completed)

Marshall State Fish and Wildlife Area – all management units (1)

Meredosia Lake

Mississippi River State Fish and Waterfowl Management Area (Mississippi River Pools 25 and 26) (blind builders must claim their blinds ½ hour before shooting time or the blind is open for that day's hunt; no hunting allowed in the designated Batchtown waterfowl rest area, Crull Hollow waterfowl rest area and Godar waterfowl rest area)

Mississippi River Pools 16, 17 and 18

Mississippi River Pools 21, 22 and 24

Oakford State Conservation Area

Pekin Lake State Fish and Wildlife Area (1)

Pyramid State Park − Captain, Denmark, East Conant, and Galum Units (no hunting in waterfowl rest areas) (1)

Quincy Bay (Mississippi River Pool 21)

Ray Norbut State Fish and Wildlife Area (1)

Rend Lake State Fish and Wildlife Area and Corps of Engineers managed areas of Rend Lake (no trespassing or hunting allowed on Rend Lake Refuge during teal or early Canada goose seasons)

Rice Lake State Fish and Wildlife Area (check in and check out required; sunrise until 1:00 p.m.)

Saline County State Fish and Wildlife Area (1)

Sam Dale Lake State Conservation Area (1)

Sanganois State Fish and Wildlife Area (1)

Shelbyville State Fish and Wildlife Area (1)

Snake Den Hollow State Fish and Wildlife Area/Victoria Pheasant Habitat Area (1)

Starved Rock State Park (hunting allowed only from numbered blind sites; blinds need not be completed)

Stephen A. Forbes State Recreation Area (walk-in hunting in the subimpoundment only) (1)

Ten Mile Creek State Fish and Wildlife Area (1)

Turkey Bluffs State Fish and Wildlife Area

Union County State Fish and Wildlife Area (Firing Line Unit only)

Weinberg-King State Park – Spunky Bottoms Unit (1)

Wise Ridge State Natural Area

Woodford State Fish and Wildlife Area (1)

e) Crow Hunting

1. Statewide regulations as provided for in this Part shall apply at the following sites (season dates in parentheses):

Alvah Borah State Habitat Area (1)

Anderson Lake State Conservation Area

Big Bend State Fish and Wildlife Area

Big River State Forest (1)

Burning Star State Fish and Wildlife Area (1)

Copperhead Hollow State Wildlife Area

Giant City State Park (January 1 through the statewide closing; hunters must sign in and out reporting harvest at the hunter check station)

Green River State Wildlife Area (January 1 through statewide closing) (1)

Hamilton County State Fish and Wildlife Area (1)

Jim Edgar Panther Creek State Fish and Wildlife Area (East and West Open Units) (1)

Mackinaw State Fish and Wildlife Area (1)

Mississippi River Pools 16, 17, 18

Mississippi River State Fish and Wildlife Area (Pools 25 and 26)

Pyramid State Park – Captain, Denmark, East Conant, Galum and Park Units (no hunting in waterfowl rest area) (1)

Ray Norbut State Fish and Wildlife Area (1)

Rend Lake State Fish and Wildlife Area and Corps of Engineers managed areas of Rend Lake

Sam Dale Lake State Conservation Area (1)

Sand Ridge State Forest (1)

Sanganois State Fish and Wildlife Area (day after Canada goose season closes through statewide closing; nontoxic shot only (1))

Shelbyville State Fish and Wildlife Area (1)

Spoon River State Forest (1)

Stephen A. Forbes State Recreation Area (1)

Ten Mile Creek State Fish and Wildlife Area (non-toxic shot only for crow hunting in waterfowl rest areas) (1)

Weinberg-King State Park – Spunky Bottoms Unit (1)

Wise Ridge State Natural Area

2. Crow hunting permitted, exceptions as noted in parentheses. Hunters must obtain a permit from site office and permit must be in possession while hunting. Failure to report harvest by March 15 will result in loss of hunting privileges at that site for the following year:

Horseshoe Lake State Park (Madison County) (February 1-28)

Horseshoe Lake State Park (Madison County) – Gabaret, Mosenthein, Chouteau Island Unit

3. All hunters must make a reasonable effort to retrieve downed birds. All crows must be removed from the site by the hunter.

History

• Source: Amended at 49 Ill. Reg. 11921, effective September 2, 2025

17 Ill. Adm. Code 745.10 Purpose

The Department of Natural Resources (Department) will evaluate all-year hunting of hand-reared game birds on certain game breeding and hunting preserve areas. The evaluation shall be based on the following criteria:

a) Demand for all-year hunting, as measured by the number of hunters who utilize the hunting preserve areas designated in Section 745.20 between April 16 and August 31 combined with the number of hunters whose reservation requests are denied, if any;

b) Quality of hunting during April 16 to August 31, as measured by the ability of breeders to provide hand-reared game birds during this period, the field performance of the birds during this period, perceptions of hunters in regard to hunting during this period compared to standard season hunting and quality of the hunting dog field performance;

c) Public acceptance of all-year hunting, as measured by public comment received by the Department of Natural Resources during the pilot program period.

17 Ill. Adm. Code 745.20 Hunting Season

Game birds may be taken all year on any game breeding and hunting preserve area that notifies the Department of its intent to continue hunting during April 16 - August 31. Notification must be received in writing by April 1.

17 Ill. Adm. Code 745.30 Evaluation Requirements

Any game breeding and hunting preserve area participating in the all-year hunting evaluation which refuses to cooperate with the Department's investigation and evaluation procedures will, upon written notification, be eliminated from the all-year hunting evaluation. The hunting season on any preserve area eliminated from the all-year hunting evaluation will be as specified in Section 3.30 of the Wildlife Code (Ill. Rev. Stat. 1989, ch. 61, par. 3.30).

Chapter I Department of Natural Resources

Subchapter b Fish and Wildlife

Part 750 Salvage Permits for Deer

17 Ill. Adm. Code 750.10 Deer Killed by a Motor Vehicle

A whitetail deer that is killed as a result of a collision with a motor vehicle may only be legally possessed by an individual if the following criteria are met:

a) Only citizens of the State of Illinois who are not delinquent in child support may possess or transport whitetail deer that have been killed as a result of a collision with a motor vehicle. The driver of a motor vehicle involved in a vehicle-deer collision has priority in possessing the deer. There is no limit to the number of deer that may be possessed.

b) Individuals who claim a deer killed in a vehicle collision shall report the possession of the road-kill deer to the Department of Natural Resources within 24 hours via the Department's website at www.dnr.illinois.gov. The individual claiming the deer must provide the following information:

1. date the deer was claimed;

2. sex of the deer;

3. if a male deer with antlers, how many points (antler projections measuring 1 inch or greater in length);

4. if antlers are present, are they in velvet;

5. if the deer is a fawn, are spots still present on the hide;

6. is the deer hide all white or mostly white;

7. location of the kill; and

8. full name, including middle initial, date of birth, customer ID number or Social Security Number, mailing address and telephone number.

c) After making a report to the Department, the individual making the report will receive a Report ID from the Department.

d) Individuals who claim a deer killed in a vehicle collision shall keep a record of their report of the road-kill deer until deer parts are consumed or are no longer possessed by any person. The record must include the individual's Report ID. Upon request of a peace officer, individuals shall furnish the Report ID of any deer in their possession.

e) A salvage tag is not required for road-kill deer. If a deer is taken to a commercial business for the purpose of taxidermy, tanning or meat processing, the taxidermist, tannery or meat processor shall document the Report ID and a label attached to the deer must include the Report ID.

History

• Source: Amended at 40 Ill. Reg. 13627, effective September 13, 2016

17 Ill. Adm. Code 750.20 Deer Killed by Other Methods

A whitetail deer that is killed by methods other than a collision with a vehicle may be legally possessed by an individual if the following criteria are met:

a) Any individual finding a dead or crippled deer, other than those killed in a vehicle-deer collision or legally taken by hunting methods, shall not move, transport or take possession of the deer or deer parts until permission is obtained from a Conservation Police Officer or the DNR Regional Law Enforcement Office. Permission will be granted to transport if it is determined by an investigation that the person requesting possession is not delinquent in child support and did not illegally kill or injure the deer and the deer is not needed for evidentiary purposes.

b) A salvage tag will be issued for the deer only after the person seeking to possess the deer has provided all information/materials required by Section 750.10(a) and (b) and any additional information requested by the DNR Regional Law Enforcement Office (e.g., photos of the antlers). When retained, the head/antler or hide shall be properly tagged with the salvage tag obtained from the Office of Law Enforcement. The tag shall remain attached to the antler of the deer that has at least one antler three inches or greater in length. In cases in which the deer does not have at least one antler that is three inches or greater in length, the tag shall be attached to the hide/leg of the deer carcass. The salvage tag shall remain attached to the deer until its parts are consumed or are no longer possessed by any person.

History

• Source: Amended at 40 Ill. Reg. 13627, effective September 13, 2016

17 Ill. Adm. Code 750.30 Additional Regulations

a) Parts of vehicle-killed deer or other salvaged deer shall not be bartered or sold.

b) The State of Illinois is absolved of any and all liability associated with the handling or utilization of vehicle-killed deer or deer killed by other methods. This, however, does not relieve involved parties from reporting other liabilities to appropriate agencies as required.

c) Except for any Law Enforcement Officers, authorized employee as defined in Section 1.2b of the Wildlife Code [520 ILCS 5/1.2b], or specific representatives from park districts or forest preserve districts as authorized by the Director, it shall be illegal to kill a deer crippled by a collision with a motor vehicle or injured by any other method.

History

• Source: Added at 34 Ill. Reg. 7713, effective May 20, 2010

17 Ill. Adm. Code 760.10 Issuance of Permits (Repealed)

History

• Source: Repealed at 42 Ill. Reg. 2842, effective January 24, 2018

17 Ill. Adm. Code 760.20 Crossbow Permits (Repealed)

History

• Source: Repealed at 42 Ill. Reg. 2842, effective January 24, 2018

Chapter I Department of Natural Resources

Subchapter b Fish and Wildlife

Part 760 Crossbow and Standing Vehicle Hunting Authorizations

17 Ill. Adm. Code 760.21 Crossbow Equipment Requirements (repealed)

History

• Source: Repealed at 46 Ill. Reg. 18816, effective November 2, 2022

17 Ill. Adm. Code 760.22 Crossbow Hunting Rules (Repealed)

History

• Source: Repealed at 42 Ill. Reg. 2842, effective January 24, 2018

17 Ill. Adm. Code 760.30 Standing Vehicle Permits

a) Eligibility

1. Class A – Permanent Disability

After proper application, the Department may issue a Class A permit to shoot from a vehicle to paraplegics or other persons, if the person meets any of the following:

A) has a permanent or irreversible physical disability, is unable to ambulate and requires a wheelchair, walker, one leg brace or external prosthesis above the knee, 2 leg braces or external prosthesis below the knees, 2 crutches or 2 canes for mobility;

B) suffers significantly from lung disease, to the extent that forced expiratory volume for one second when measured by spirometry is less than one liter or arterial oxygen tension is less than 60 millimeters of mercury on room air at rest; or

C) suffers significantly from cardiovascular disease, to the extent that functional limitations are classified in severity as class 3 or 4, according to the standards accepted by the American Heart Association on May 3, 1988, and where ordinary physical activity causes discomfort, fatigue, palpitation, dyspnea or anginal pain.

2. Class B – Temporary Disability

After proper application, the Department may issue a Class B permit to shoot from a vehicle to persons who are temporarily disabled and have restricted ambulation due to:

A) a leg, hip or back, or any part thereof, casted by a licensed physician;

B) post-surgical effects of leg, hip or back surgery; or

C) illness or injury.

b) Class A permits issued under this Section shall be valid for a period of 3 years from the date of issuance as specified on the permit. Class B permits issued under this Section shall be valid for a period of not more than 1 year from the date of issuance as specified on the permit.

c) Loss of the standing vehicle hunting permit shall require the holder to reapply.

d) Reapplication for a Class A permit will require the applicant to certify that he is still suffering from a permanent physical disability that renders him unable to walk. Reapplication for a Class B permit requires the same documentation as an original application.

e) Standing Vehicle Hunting Rules

1. Standing vehicle permit holders are authorized to shoot from a vehicle that is totally immobile with the engine turned off. When the vehicle is moving, guns must be unloaded and enclosed in a case, and bow and arrow devices unstrung, enclosed in a case or otherwise rendered inoperable, in accordance with Section 2.33(n) of the Wildlife Code [520 ILCS 5/2.33(n)]. Holders of Standing Vehicle Permits, who are in the field legally hunting pheasant, quail, Hungarian partridge or rabbit, shall be permitted to carry a loaded and uncased shotgun in or on a vehicle or conveyance in accordance with the provisions of 17 Ill. Adm. Code 530.10(b).

2. The standing vehicle permit applies only on private property where permission of the landowner has been obtained. It does not apply on public roadways. Persons wishing to shoot/hunt from a standing vehicle on Department-owned or managed properties must obtain permission from the Site Superintendent in accordance with 17 Ill. Adm. Code 110.

3. Season dates, hours, daily limits, possession limits, and all other requirements by law apply.

4. The issuance of a standing vehicle permit does not exempt the holder from the necessity of obtaining hunting licenses, stamps, or other permits as required by law.

5. The standing vehicle permit must be carried by the hunter while exercising this privilege and must be presented to any law enforcement authority upon request.

History

• Source: Amended at 36 Ill. Reg. 11152, effective July 3, 2012

17 Ill. Adm. Code 760.40 Rejection of Application/Revocation of Permits

a) The Department may issue a permit to an applicant who is denied a permit under this Part if, upon review and after considering the physical condition of the applicant and the recommendation of a licensed physician selected by the applicant from a list of licensed physicians compiled by the Department, the Department finds that issuance of a permit complies with the intent of this Part. The use of this review procedure must be initiated by written request for review from the applicant, and all costs of the physician's services shall be paid by the applicant.

b) In the event that an applicant for or holder of a standing vehicle permit is in violation of this subsection (b), the application will be denied or the permit will be revoked in addition to any other penalties. The applicant/holder of the permit may request a hearing on this decision pursuant to 17 Ill. Adm. Code 2530. Violations are as follows:

1. Providing false and/or deceptive information on the permit application form.

2. Submitting an application during the period when the applicant has a license/permit currently revoked or privileges suspended pursuant to Section 3.36 of the Wildlife Code [520 ILCS 5/3.36].

3. Any violations of the Wildlife Code [520 ILCS 5] or administrative rules of the Department (17 Ill. Adm. Code: Chapter I), in addition to other penalties, may result in suspension of privileges and the revocation of standing vehicle permits as per 17 Ill. Adm. Code 2530.

History

• Source: Amended at 42 Ill. Reg. 2842, effective January 24, 2018

Chapter I Department of Natural Resources

Subchapter b Fish and Wildlife

Part 805 Injurious Species

17 Ill. Adm. Code 805.10 Definition

Injurious Species are defined as those species listed and/or hybrids thereof in 50 CFR 16.11-15, not including herptiles, and any other species as listed in this Part, based upon the potential threat to indigenous wildlife, aquatic life, or the habitat. For the purposes of this Part, Injurious Species shall include any live specimens, progeny thereof, viable eggs, gametes, seeds, reproductive structures (e.g., turions/tubers), or plant fragments of those species previously identified in this Section; except fish, eggs, or gametes of the family Salmonidae. Injurious herptiles (amphibians and/or reptiles) are found and regulated under the Herptiles-Herps Act [510 ILC 68] and its accompanying administrative rules, 17 Ill. Adm. Code 885.

History

• Source: Amended at 47 Ill. Reg. 18981, effective December 7, 2023

17 Ill. Adm. Code 805.20 Listing of Injurious Species

a) Wild Mammals

*Flying fox or fruit bat of the genus Pteropus

*Mongoose or meerkat of the genera Atilax, Cynictis, Helogale, Heroestes

*Ichneumia, Munzos, and Suricata

*Any species of European rabbit of the genus Oryctolagus

*Any species of Indian wild dog, red dog, or dhole of the genus Cuon

*Any species of multimammate rat or mouse of the genus Mastomys

*Raccoon dog, Nyctereutes procyonoides

*Any Brushtail Possum, Trichosurus vulpecular

b) Wild Birds

*Pink starling or rosy pastor, Sturnus roseus

*Dioch, Quelea quelea, including its black-fronted, red-billed or Sudan subspecies

*Java sparrow, Padda oryzivora

*Red-whiskered bul-bul, Pycnonotus jocosus

*Eggs of wild nongame birds

c) Fish, Mollusks and Aquatic Invertebrates

*Walking catfish of the family Clariidae

*Dreissenid mussels, genus Dreissena, including but not limited to zebra and quagga mussels

*Mitten crabs of the genus Eriocheir

*Snakehead fishes of the genera Channa and Parachann (or their generic synonyms of Bostrychoides, Orphicephalus, Ophiocephalus, and Paraphiocephalis) of the family Channidae, including but not limited to:

Chel or Borna snakehead, Channa amphibeus

Northern or Amur snakehead, Channa argus

Chinese or Northern Green snakehead, Channa asiatica

Channa aurantimaculata

Bangka snakehead, Channa bankanensis

Baram snakehead, Channa baramensis

Barca or Tiger snakehead, Channa barca

Rainbow or Jewel snakehead, Channa bleheri

Bluespotted snakehead, Channa cyanospilos

Dwarf, Gaucha, or Frog snakehead, Channa gachua

Inle snakehead, Channa harcourtbutleri

Shiny or splendid snakehead, Channa Lucius

Blotched snakehead, Channa maculata

Bullseye, Murrel, Indian, Great, or Cobra snakehead, Channa marulius

Emperor snakehead, Channa maruloides

Channa melanoptera

Black snakehead, Channa melasoma

Giant, Red, or Redline snakehead, Channa micropeltes

Channa nox

Ceylon or Ceylonese Green snakehead, Channa orientalis

Channa panaw

Ocellated, Spotted, or Eyespot snakehead, Channa pleurophthalmus

Dotted or Spotted Snakehead, Channa punctata

Golden Snakehead, Channa stewartia

Chevron or Striped Snakehead, Channa striata

Niger or African Snakehead, Parachanna Africana

Congo, Square-spotted African, or Light African Snakehead, Parachanna insignis

Dark African, Dusky, or Square-spotted Snakehead, Parachanna obscura

*Crucian carp, Carassius carassius

*Prussian carp, Carassius gibelio

*Largescale silver carp, Hypophthalmichthys harmandi

*Silver carp, Hypophthalmichthys molitrix

*Bighead carp, Hypophthalmichthys nobilis

*Black carp, Mylopharyngodon piceus

*Eurasian minnow, Phoxinus phoxinus

River ruffe, Gymnocephalus cernuus

Round goby, Neogobius melanostomos

Tubenose goby, roterorhinus marmoratus

*Roach, Rutilus rutilus

*Nile perch, Lates niloticus

*Amur sleeper, Perccottus glenii

*European perch, Perca fluyiatilis

Rusty crayfish, Orconectes rusticus. Possession of living rusty crayfish is prohibited for all except the holders of an approved aquaculture permit with a letter of authorization to import/possess this species.

Rudd, Scardinius erythrophthalmus

Stone moroko, Pseudorasbora parva

Zander, Sander lucioperca

*Wels catfish, Silurus glanis

Killer Shrimp, Dikerogammarus villosus

Yabby, Cherax destructor

Asian Swamp eel, Monopterus albus

Tench, Tinca tinca

Golden mussel, Limnoperna fortune

Marmorkreb/marbled crayfish, Procambarus virginalis

New Zealand mud snail, Potamopyrgus antipodarum

d) Plants

Mosquito fern, Azolla pinnata

Flowering rush, Butomus umbellatus

Caulerpa or Mediterranean killer algae, Caulerpa taxifolia

Brazilian elodea, Brazilian waterweed, Anacharis or Egeria, Egeria densa

Anchored water hyacinth, Eichhornia azurea

Hydrilla or water thyme, Hydrilla verticillata

European frogbit or common frogbit, Hydrocharis morsus-ranae

Miramar weed, Indiana swampweed or hygro, Hygrophilia polysperma

**Chinese water spinach or swamp morning-glory, Ipomoea aquatic

Yellow flag iris or tall yellow iris, Iris pseudacorus

Oxygen weed or African elodea, Lagarosiphon major

Asian marshweed or ambulia, Limnophila sessiliflora

Monochoria, arrowleaf, or false pickerelweed, Monochoria hastata

Heartshape or false pickerelweed, Monochoria vaginalis

Parrot feather or parrot feather watermilfoil, Myriophyllum aquaticum)

Eurasian watermilfoil, Myriophyllum spicatum

Brittle naiad or brittle water nymph, Najas minor

Yellow floating heart, Nymphoides peltata

Duck lettuce, Ottelia alismoides

Curlyleaf pondweed, Potamogeton crispus

Arrowhead, Sagittaria sagittifolia

Giant salvinia, Salvinia auriculata

Giant salvinia, Salvinia biloba

Giant salvinia, Salvinia herzogii

Giant salvinia, Salvinia molesta

Exotic bur-reed, Sparganium erectum

Water chestnut, Trapa natans

Water soldier, Stratiotes aloides

NOTE: Species noted by an asterisk (*) are also federally listed as injurious wildlife under 50 CFR 16. (**) Chinese water spinach, a federally listed noxious weed, cannot be propagated in Illinois; however, stems, leaves and parts of plants absent roots are permissible to possess and sell, within the State of Illinois, for consumption.

History

• Source: Amended at 47 Ill. Reg. 18981, effective December 7, 2023

17 Ill. Adm. Code 805.30 Unlawful Acts

a) Injurious species shall not be possessed, propagated, bought, sold, bartered or offered to be bought, sold, bartered, transported, traded, transferred or loaned to any other person or institution unless a permit is first obtained from the Department of Natural Resources in accordance with Section 805.40 of this Part, except persons engaged in interstate transport for lawful commercial purposes who do not buy, sell, barter, trade, transfer, loan or offer to do so in Illinois may transport injurious species across Illinois without an injurious species permit from the Department.

1. Under no circumstances shall an interstate transporter:

A) transfer any injurious species from one container to another; nor

B) exchange or discharge from a container containing injurious species without first obtaining written permission from the Department:

i) water;

ii) bedding;

iii) soluble material; or

iv) insoluble material.

2. The Department shall grant permission under subsection (a)(1)(B) only if:

A) it approves of the final disposition of the water, bedding, or material; and

B) the transporter satisfies the Department that there is no possibility of release into the environment.

b) Injurious species shall not be released. Release of injurious species is a violation of Section 10-100 and/or Section 20-90 of the Fish and Aquatic Life Code [515 ILCS 5/10-100 or 20-90] or Section 2.2 and/or 2.3 of the Wildlife Code [520 ILCS 5/2.2 and/or 5/2.3].

c) Receipt of an Injurious Species Permit from the Department of Natural Resources does not excuse compliance with any other federal, State or local government laws or regulations.

History

• Source: Amended at 47 Ill. Reg. 18981, effective December 7, 2023

17 Ill. Adm. Code 805.40 Permits

a) Application Requirements

Permits to transport/possess injurious species may be issued by the Department of Natural Resources in accordance with Section 20-100 of the Fish and Aquatic Life Code [515 ILCS 5/20-100] and Sections 2.2, 2.3 or 3.22 of the Wildlife Code [520 ILCS 5/2.2, 5/2.3 or 5/3.22], for zoological, educational, medical, or scientific purposes, under the following provisions:

1. Educational, medical or research institutions, or zoological exhibitions wishing to transport/possess injurious species must make application to the Department in writing, on forms provided by the Department, at the following:

Illinois Department of Natural Resources

Office of Resource Conservation

One Natural Resources Way

Springfield, IL 62702-1271

Or by email at:

For Section 805.20(a), Mammals and Birds – dnr.wildlife@illinois.gov

or

For Section 805.20(b) and (c), Fish, Mollusks, Aquatic Invertebrates and Plants – dnr.aquaculture@illinois.gov

2. Applications must contain the following minimum information:

A) Name and address of educational, medical or research institution, or zoological exhibition;

B) Name, address, and position of person making application;

C) Number of specimens and the common and scientific names of each species for which permit is requested;

D) Explanation of the exhibition, or educational, medical or research project necessitating need for injurious species permit;

E) A statement of the applicant's qualifications and previous experience in caring for and handling captive wildlife or aquatic life;

F) Time period for which permit is requested;

G) Location and description of facilities in which species will be kept; and

H) Any other information as requested by the Department, e.g., purpose of research, supplier of animals, disposition of animals and federal permit, if required.

b) Issuance Criteria

The Department shall consider the following in determining whether to issue a permit to transport/possess injurious species for zoological, educational, medical, or scientific purposes:

1. Whether the request is for a bonafide educational, medical, research or zoological exhibition purpose;

2. Whether the facilities for holding the specimens have been inspected and approved by the Department prior to issuance of an injurious species permit. Facilities must be constructed and maintained to prevent escape of all life stages of the specimens;

3. Whether the applicant is aware of the potential dangers to public interest posed by the injurious species; and who, by reason of the applicant's knowledge, experience, and facilities, can be expected to provide adequate protection to the public interests; and

4. If permit application is for zoological exhibition purposes, whether the exhibit or display will be open to the public during regular, appropriate hours.

c) Permit Conditions

Permits issued for the transportation/possession of injurious species shall be subject to the following conditions:

1. All specimens and progeny thereof approved under the permit must be confined in the facilities and at the location approved on the permit.

2. Disposition of the specimens (including conditions under which they may be sold, traded, bartered or transferred to another permitted exhibition or institution) shall be as designated by the Department.

3. Permits issued under this Part shall be valid only for the time periods and under the provisions designated by the Department on the permit.

4. All permit holders shall file with the Department, no later than 30 days after the expiration of the permit, a report documenting disposition of all specimens.

5. In the event of escape or unintentional release of specimens, or progeny thereof, authorized under the permit, permittees shall notify the Department by telephone (1-877-236-7529, toll-free) or other expedient means within 24 hours following the escape unless specifically exempted by the Department in writing.

6. Before any person shall import/export any federally listed injurious species, a permit must first be obtained in accordance with the provisions of 50 CFR 16.22.

d) Live haul of commercially wild caught Asian carp shall only be allowed with a Restricted Species Transportation Permit (as outlined in 17 Ill. Adm. Code 830.12 and 17 Ill. Adm. Code 870.6). Restricted Species Transportation permits are available by writing or email to:

Aquaculture Specialist

Illinois Department of Natural Resources

Aquatic Nuisance Species and Aquaculture Program

One Natural Resources Way

Springfield, Illinois 62702-1271

dnr.aquaculture@illinois.gov

History

• Source: Amended at 47 Ill. Reg. 18981, effective December 7, 2023

17 Ill. Adm. Code 805.50 Penalties

a) Violations of Section 20-90 of the Fish and Aquatic Life Code [515 ILCS 5/20-90] and associated administrative rules are business offenses, punishable by a fine of not less than $1,000 or more than $5,000.

b) Violations of Section 10-100(a) of the Fish and Aquatic Life Code [515 ILCS 5/10-100(a)] is a Class B misdemeanor punishable by a fine up to $1500. Violations of Section 10-100(b) of the Fish and Aquatic Life Code [515 ILCS 5/10-100(b)] is a Class A misdemeanor punishable by a fine up to $2500.

c) Violations of Sections 20-100 of the Fish and Aquatic Life Code [515 ILCS 5/20-100], and Sections 2.2 and 3.22 of the Wildlife Code [520 ILCS 5/2.2 and 3.22] are petty offenses, punishable by a fine of up to $1,000.

d) Any violations of the Fish and Aquatic Life Code [515 ILCS 5], Wildlife Code [520 ILCS 5], or administrative rules of the Department may result in the revocation of licenses and permits, and the suspension of privileges pursuant to 17 Ill. Adm. Code 2530.

History

• Source: Amended at 47 Ill. Reg. 18981, effective December 7, 2023

17 Ill. Adm. Code 810.5 Definitions

Aquatic life – all fish, reptiles, amphibians, mollusks, crustaceans, algae, aquatic plants and aquatic invertebrates, and any other aquatic animals or plants that the Department identifies in administrative rules.

Catch and Release Fishing – means that caught fish must be returned to the water immediately unharmed. No harvest permitted of fish species noted as catch and release, or any fish species from waterbodies noted as catch and release fishing only.

Fish Length or Length – means the measurement from the tip of the snout to the end of the tail with the fish laid flat on a ruler, with the mouth of the fish closed and the tail lobes pressed together, except for Paddlefish where the length is measured from the center of the eye to the center of the "V" of the tail fin (eye-fork length), and except for Sturgeon species where length is measured from the tip of the snout to the center of the "V" of the tail fin.

Fishing – taking or attempting to take aquatic life in any waters of the State, by any method, and all other acts such as placing, setting, drawing or using any device commonly used for the taking of aquatic life, whether resulting in taking or not. This also applies to the removal of dead and decaying aquatic life.

Harvest – any aquatic life taken into possession from any waters of the State by any method.

In the aggregate – combination of two or more species or hybrids that in total do not exceed the daily harvest limit.

Protected Slot Length Limit – No harvest of fish within the specified length range. Fish must be immediately released.

Relic Mussel Shell – the shell of a mussel that apparently died of natural causes in the water and contains no meat or soft parts. The shell readily exhibits noticeable sediment, vegetation, algal or mineral stains, discolorations, soiling, weathering or other visual evidence on its interior surface that clearly and unambiguously shows the mussel shell has not been cooked-out or freshly cleaned.

Snagging – the practice of dragging or jerking a hook (or hooks), baited or unbaited, through the water with the intention of hooking a fish on contact anywhere on the body other than the inside of the mouth.

Take – to lure, kill, destroy, capture, gig or spear, trap or ensnare, or attempt to do so.

Water of the State – any water within the jurisdiction of the State of Illinois that is adapted for purposes of navigation or public access.

− symbol means "greater than".

≥ − symbol means "greater than or equal to".

< − symbol means "less than".

≤ − symbol means "less than or equal to".

History

• Source: Amended at 49 Ill. Reg. 436, effective December 30, 2024

Chapter I Department of Natural Resources

Subchapter b Fish and Wildlife

Part 810 Sport Fishing Regulations for the Waters of Illinois

17 Ill. Adm. Code 810.10 Sale of Fish and Fishing Seasons - Statewide

a) No fish or parts thereof (including eggs) taken by sport fishing methods (including snagging) may be bought, sold or bartered.

b) Lake Michigan – The sport fishing season for rainbow smelt shall be from March 1 to April 30.

c) Additional regulations for fishing on Department-owned, -managed or leased sites apply during the migratory waterfowl season. (See 17 Ill. Adm. Code 590.15 (c)(6))

d) Lake Michigan, Calumet River, and the Chicago River including its North Branch, South Branch, and the North Shore Channel – the sport fishing harvest for yellow perch shall not be permitted from May 1 through June 15 annually.

History

• Source: Amended at 49 Ill. Reg. 436, effective December 30, 2024

17 Ill. Adm. Code 810.14 Wanton Waste – Fish, Reptiles, Amphibians, Mollusks and Crustaceans Abandonment

a) Except as provided in this Section, it is unlawful for any person at any time to take or possess any fish, reptiles, amphibians, mollusks and crustaceans authorized by this Part in Illinois waters by sportfishing methods and then intentionally leave or abandon such fish, reptiles, amphibians, mollusks and crustaceans or portions thereof resulting in wanton or needless waste.

b) "Wanton or needless waste" means to place, leave, dump or abandon any fish, reptiles, amphibians, mollusks and crustaceans or fish, reptile, amphibian, mollusk or crustacean parts protected by this Part along or upon any public right-of-way or highway, waterway or stream, or on any public or private property without the permission of the owner or tenant. No disposal of fish, reptiles, amphibians, mollusks and crustaceans or fish, reptile, amphibian, mollusk or crustacean portions shall be allowed on State owned or leased properties except at designated fish cleaning stations, where available.

c) This Section shall not apply to fish, reptiles, amphibians, mollusks and crustaceans or fish, reptile, amphibian, mollusk or crustacean parts used for the purposes of bait or other lawful purposes or to injurious species of fish that accidentally jump into a watercraft and are immediately returned to the water.

History

• Source: Amended at 43 Ill. Reg. 3399, effective February 27, 2019

17 Ill. Adm. Code 810.15 Statewide and Site Specific Bowfishing (Archery/Spear Methods) Regulations

a) Legal Methods of Taking

Aquatic life, as listed by species in subsection (b), may be taken by means of legal bowfishing devices, including a pitchfork, underwater spear gun, bow and arrow or bow and arrow device, spear or gig. A valid sport fishing license is required for taking aquatic life under this Section. Aquatic life taken by these means shall not be sold or bartered. No other aquatic life (e.g., fish, amphibian or reptile species) may be taken in this State by these means.

b) Species

Only fish, amphibian and reptile species listed may be taken by bowfishing and other legal methods and in accordance with length limits and daily harvest limits identified for each. Fish, amphibian and reptile species permitted to be taken by bowfishing and other archery/spear fishing legal methods in Illinois waters include:

1. Order Petromyzontiformes

Family Petromyzontidae (Non-Native Species):

Sea lamprey – Petromyzon marinus (Linnaeus)

2. Order Lepisosteiformes

Family Lepisosteidae (Native Species):

Spotted gar − Lepisosteus oculatus (Winchell)

Longnose gar – Lepisosteus osseus (Linnaeus)

Shortnose gar – Lepisosteus platostomus (Rafinesque)

Alligator Gar – Atractosteus spatula (Lacepede)

3. Order Amiiformes

Family Amiidae (Native Species):

Bowfin – Amia calva (Linnaeus)

4. Order Clupeiformes

Family Clupeidae (Native Species):

Gizzard shad – Dorosoma cepedianum (Lesueur)

5. Order Cypriniformes

Family Cyprinidae (Non-Native Species):

Grass carp − Ctenopharyngodon idella (Valenciennes)

Common carp − Cyprinus carpio (Linnaeus)

Silver carp − Hypophthalmichthys molitrix (Valenciennes)

Bighead carp − Hypophthalmichthys nobilis (Richardson)

Goldfish − Carassius auratus (Linnaeus)

Black carp – Mylopharyngodon piceus (Richardson)

Family Cobitidae (Non-Native Species):

Oriental weatherfish – Misgurnus anguillicaudatus (Cantor)

Family Catostomidae (Native Species):

River carpsucker − Carpiodes carpio (Rafinesque)

Quillback carpsucker − Carpiodes cyprinus (Lesueur)

Highfin carpsucker − Carpiodes velifer (Rafinesque)

White sucker − Catostomus commersoni (Lacepede)

Blue sucker − Cycleptus elongates (Lesueur)

Smallmouth buffalo − Ictiobus bubalus (Rafinesque)

Bigmouth buffalo − Ictiobus cyprinellus (Valenciennes)

Black buffalo − Ictiobus niger (Rafinesque)

Spotted sucker − Minytrema melanops (Rafinesque)

Silver redhorse − Moxostoma anisurum (Rafinesque)

Black redhorse − Moxostoma duquesnei (Lesueur)

Golden redhorse − Moxostoma erythrurum (Rafinesque)

Shorthead redhorse − Moxostoma macrolepidotum (Lesueur)

6. Order Characiformes

Family Serrasalmidae (Non-Native Species):

Pacu – Callisoma spp. (Eigenmann and Kennedy)

7. Order Siluriformes

Family Ictaluridae (Native Species):

Channel catfish – Ictalurus punctatus (Rafinesque)

Blue catfish – Ictalurus furcatus (Lesueur)

Flathead catfish – Pylodictis olivaris (Rafinesque)

Yellow bullhead – Ameiurus natalis (Lesueur)

Brown bullhead – Ameiurus nebulosus (Lesueur)

Black bullhead – Ameiurus melas (Rafinesque)

Family Ictaluridae (Non-Native Species):

White catfish – Ameiurus catus (Linnaeus)

8. Order Perciformes

Family Sciaenidae (Native Species):

Freshwater drum – Aplodinotus grunniens (Rafinesque)

9. Order Cichliformes

Family Cichlidae (Non-Native Species):

Tilapia – Tilapia spp. (Smith)

10. Order Gobiiformes

Family Gobiidae (Non-Native Species):

Round goby – Neogobius malanistomus (Pallas)

11. Order Anabantiformes

Family Channidae (Non-Native Species):

Northern snakehead – Channa argus (Cantor)

12. Order Anura

Family Ranidae (Native Species):

American bullfrog – Lithobates catesbeianus (Shaw)

13. Order Testudines

Family Chelydridae (Native Species):

Common snapping turtle – Chelydra serpentina (Linnaeus)

c) Non-Native Fish Species

No live possession of non-native fish species listed in subsection (b) is permitted, with the exception of common carp and goldfish.

d) Waters Open to Bowfishing and Other Legal Archery and Spearfishing Methods

1. All public site specific waters as noted in Section 810.45.

2. All public rivers and streams noted in 17 Ill. Adm. Code 3704.Appendix A, except as restricted by subsections (d)(2)(A) through (G).

A) Mississippi River connected public (accessible by boat during normal flows or stages) backwaters, including that portion of the Kaskaskia River below the navigation lock and dam, except:

i) Quincy Bay, including Quincy Bay Waterfowl Management Area;

ii) All U.S. Fish and Wildlife Service National Wildlife Refuge backwaters.

B) Illinois River and connected public (accessible by boat during normal flows or stages) backwaters from Route 89 highway bridge downstream, except for:

i) U.S. Fish and Wildlife Service National Wildlife Refuge waters;

ii) Donnelley/DePue State Fish and Wildlife Area;

iii) Rice Lake Complex, including all of Big Lake;

iv) Meredosia Lake in Cass and Morgan Counties during the central zone duck season; and

v) Clear Lake in Mason County 7 days prior to and during the central zone duck season.

C) Sangamon River, downstream of State Route 48 southwest of Decatur to mouth in Cass County.

D) Kaskaskia River south of Route U.S. 50 Bridge to mouth in Randolph County.

E) Big Muddy River, south of State Route 14 highway bridge in Franklin County to mouth in Jackson County.

F) Saline River in Gallatin and Saline Counties.

G) Ohio River, except for:

i) Olmstead Locks and Dam downstream to a line perpendicular with the end of the longest lock wall, including the circular cell portion;

ii) Smithland Dam downstream to a line perpendicular to the end of the outer lock wall; and

iii) Within 50 yards of the mouth of any tributary or stream.

3. Additional waters (accessible by boat during normal flows or stages), except as restricted in this subsection.

A) Embarras River, except from Route 130 in Coles County upstream to the dam;

B) Skillet Fork River; and

C) Cache River from Route 51 downstream to the Mississippi River via Cache Diversion Channel, but not including that portion of the Cache River between the Cache Diversion Channel Levee and the Ohio River.

e) Catfish species (Family Ictaluridae) may be taken by bowfishing methods only in the following waters, except as restricted in this subsection.

1. Mississippi River connected public (accessible by boat during normal flows or stages) backwaters, including that portion of the Kaskaskia River below the navigation lock and dam, except:

A) Quincy Bay, including Quincy Bay Waterfowl Management Area; and

B) All U.S. Fish and Wildlife National Wildlife Refuge backwaters.

2. Illinois River and connected public (accessible by boat during normal flows or stages) backwaters from Route 89 highway bridge downstream, except:

A) U.S. Fish and Wildlife Service National Wildlife Refuge waters;

B) Donnelley/DePue State Fish and Wildlife Area;

C) Rice Lake Complex, including all of Big Lake;

D) Meredosia Lake in Cass and Morgan Counties during the central zone duck season; and

E) Clear Lake in Mason County seven days prior to and during the central zone duck season.

3. Sangamon River, downstream of State Route 48 southwest of Decatur to mouth in Cass County.

4. Kaskaskia River, south of Route U.S. 50 bridge to mouth in Randolph County.

5. Big Muddy River, south of State Route 14 highway bridge in Franklin County to mouth in Jackson County.

6. Saline River in Gallatin and Saline Counties.

7. Ohio River, except:

A) Olmstead Locks and Dam downstream to a line perpendicular with the end of the longest lock wall, including the circular cell portion;

B) Smithland Dam downstream to a line perpendicular to the end of the outer lock wall; and

C) Within 50 yards of the mouth of any tributary or stream.

8. Embarras River, except from Route 130 in Coles County upstream to the dam, and except Charleston Side Channel Lake.

9. Skillet Fork River.

10. Cache River from Route 51 downstream to the Mississippi River via Cache Diversion Channel, but not including that portion of the Cache River between the Cache Diversion Channel Levee and the Ohio River.

11. Wabash River.

12. Little Wabash River.

13. South Fork of the Sangamon River from State Highway 48 bridge downstream to the Sangamon River in Christian and Sangamon Counties.

f) Bowfishing for common snapping turtles is not permitted in the following Illinois counties: Randolph, Perry, Franklin, Hamilton, White, Gallatin, Saline, Williamson, Jackson, Union, Johnson, Pope, Hardin, Massac, Pulaski and Alexander.

History

• Source: Amended at 49 Ill. Reg. 436, effective December 30, 2024

17 Ill. Adm. Code 810.20 Snagging

a) Sport fishermen are permitted only one pole and line device to which can be attached no more than two hooks. On the Mississippi River between Illinois and Iowa, the maximum treble hook size is 5/0; however, gaffs may not be used Statewide to land paddlefish.

b) Species of Fish and Snagging Harvest Limit

Only fish species listed may be taken by snagging methods and in accordance with daily harvest limits identified for each. Fish species permitted to be taken by snagging methods in Illinois waters include:

Asian Carp (no live possession) – no harvest limit

Carp − no harvest limit

Buffalo − no harvest limit

Freshwater Drum − no harvest limit

Salmon (Coho and Chinook only) − 5 fish in the aggregate daily harvest limit

Paddlefish − 2 fish daily harvest limit

Bowfin − no harvest limit

Gizzard Shad − no harvest limit

Carpsuckers − no harvest limit

Longnose Gar − no harvest limit

Shortnose Gar − no harvest limit

Suckers − no harvest limit

c) Disposition of Snagged Salmon and Paddlefish

1. Every salmon 10 inches in total length or longer snagged must be taken into immediate possession and included in the daily harvest limit.

2. Every Paddlefish 33 inches eye-fork length or less landed while fishing on the Mississippi River between Illinois and Iowa must be taken into immediate possession and included in the daily harvest limit. Every Paddlefish greater than 33 inches eye-fork length must be immediately returned to the water.

3. Paddlefish 24 inches eye-fork length or longer landed while fishing on the Mississippi River between Illinois and Missouri which are immediately returned to the water do not count toward the daily harvest limit. Paddlefish 24 inches eye-fork length or longer landed and not immediately returned to the water are considered taken into possession and must be counted toward the daily harvest limit. Every Paddlefish less than 24 inches eye-fork length must be immediately returned to the water.

4. Every Paddlefish landed while fishing on the Illinois River must be taken into immediate possession and included in the daily harvest limit.

5. Once the daily harvest limit of salmon or Paddlefish has been reached, snagging must cease.

6. All snagged salmon and Paddlefish taken into possession must be removed from the area which they are taken and disposed of properly, in accordance with Section 5-5 of the Fish and Aquatic Life Code [515 ILCS 5/5-5].

d) Waters Open to Snagging and Snagging Season

1. Snagging for fish is permitted from September 15 through December 15 and from March 15 through May 15 within a 300 yard downstream limit below all locks and dams of the Illinois River, except for below the Peoria Lock and Dam where snagging is permitted year round within a 300 yard downstream limit.

2. Snagging for fish is permitted from September 15 through December 15 and from March 15 through May 15 within a 300 yard downstream limit below all locks and dams of the Mississippi River between Illinois and Missouri, except for the Chain of Rocks low water dam at Chouteau Island − Madison County, also known as Dam 27 at the Chain of Rocks − Madison County where no snagging is permitted. Snagging is permitted from ½ hour before sunrise to ½ hour after sunset daily, March 1 through April 15 within a 500 yard downstream limit below locks and dams on the Mississippi River between Illinois and Iowa.

3. Snagging for fish is permitted year-round within a 100 yard limit upstream or downstream of the dam at Horseshoe Lake in Alexander County.

4. Snagging for Chinook and Coho Salmon only is permitted from the following Lake Michigan shoreline areas from October 1 through December 31; however, no snagging is allowed at any time within 200 feet of a moored watercraft or as posted:

A) Lincoln Park Lagoon from the Fullerton Avenue Bridge to the southern end of the Lagoon.

B) Waukegan Harbor (in North Harbor basin only).

C) Winnetka Power Plant discharge area.

D) Jackson Harbor (Inner and Outer Harbors).

History

• Source: Amended at 50 Ill. Reg. 4254, effective April 1, 2026

Chapter I Department of Natural Resources

Subchapter b Fish and Wildlife

Part 810 Sport Fishing Regulations for the Waters of Illinois

17 Ill. Adm. Code 810.25 Trotlines

a) Sportfishermen must check trotlines and other legal hook and line devices at least once every 24 hours.

b) Any sport fishing device, including trot line device, bank pole, and throw line or buoyed ganging devices, left unattended must be tagged with the name and mailing address of the operator. All required tags shall be in a position to be at all times exposed to public view. [515 ILCS 5/10-95]

c) Trotlines and other sportfishing devices and all parts thereof must not be abandoned and shall be completely removed when they are not in compliance with subsections (a) and (b). Abandoned, for purposes of this Section, includes but is not limited to, hooks in the water with no bait attached, rotted bait, silted-in devices, dead or severely stressed aquatic life caught on the hooks, as well as the failure to check and remove aquatic life every 24 hours.

History

• Source: Amended at 47 Ill. Reg. 1934, effective January 30, 2023

17 Ill. Adm. Code 810.28 Mussels

a) Persons possessing a sport fishing license may possess up to 50 relic mussel shells for personal collection.

b) Collected live mussels may not be transported between water bodies.

c) Mussels collected under a sport fishing license may only be taken for personal use and may not be sold or bartered.

d) Species allowed for harvest or collection can be found on the Aquatic Life Approved Species List as designated in 17 Ill. Adm. Code 870.10.

History

• Source: Added at 42 Ill. Reg. 7773, effective April 20, 2018

17 Ill. Adm. Code 810.30 Pole and Line Fishing Only (Repealed)

History

• Source: Repealed at 15 Ill. Reg. 4699, effective March 18, 1991

17 Ill. Adm. Code 810.35 Statewide Sportfishing (Hook and Line and Other Non-Bowfishing or NonSnagging Legal Methods Under a Sportfishing License) Regulations – Daily Harvest and Size Limits

a) No fish species may be dressed (filleted or head and tail removed) on any waters to which length or bag limits are applicable. Regardless of where taken, no fish less than the specified minimum length or more than the daily harvest shall be possessed while taking from, or on, any waters to which length or bag limits and/or daily harvest limits apply. While taking from areas designated as "Catch and Release Fishing Only", all catch and release species must be immediately released back into the waters from which taken.

b) Statewide limits by type of fish:

1. Channel Catfish

There are no daily harvest or size limits, except as specified in Section 810.45.

2. Largemouth Bass, Smallmouth Bass, Spotted Bass

A) Daily harvest limit is 6 bass, either singly or in the aggregate, except as specified under Site Specific Regulations.

B) In streams and rivers (excluding the mainstem of the Mississippi, Ohio, including the Golconda Marina and Wabash Rivers) the daily harvest can contain no more than 3 Smallmouth Bass.

C) In rivers and their tributaries Statewide, except for the Mississippi, Ohio, including the Golconda Marina, Wabash and Illinois Rivers, Calumet River, Lake Calumet Connecting Channel, Calumet Sag Channel and navigable portions of the Grand Calumet River and Little Calumet River, all Smallmouth Bass must be immediately released between April 1 and June 15.

D) There is no Statewide size limit.

3. Muskellunge, Northern Pike and Their Hybrids

A) All Muskellunge and Muskellunge hybrids (Tiger Muskie) taken must be 36" in total length or longer, except as specified under Site Specific Regulations.

B) No more than one Muskellunge or Muskellunge hybrid (Tiger Muskie) may be taken per day, except as specified in Section 810.45.

C) All Northern Pike taken must be 24" in total length or longer, except in the Mississippi River where there is no size limit.

D) No more than 3 Northern Pike may be taken per day, except as specified under Site Specific Regulations.

4. Crappie (White, Black or Hybrid Crappie)

There are no harvest or size limits, except as specified in Section 810.45.

5. Bluegill, Redear Sunfish and other Sunfish

There are no harvest or size limits, except as specified in Section 810.45.

6. Striped Bass (Ocean Rockfish), White Bass, Yellow Bass and Hybrids

There are no daily harvest limits or minimum size limits for Striped Bass (Ocean Rockfish), White Bass, Yellow Bass and their hybrids, which are less than 17" in total length, except as specified in Section 810.45. For those fish 17" in total length or longer, the daily limit is 3 fish, either singly or in the aggregate, except in the Mississippi River between Illinois and Missouri where there is a 30 fish daily harvest limit for all Striped, White, Yellow or hybrid Striped Bass. In the Mississippi River between Illinois and Iowa, there is a 25 fish daily harvest on Striped Bass, White Bass, Yellow Bass and their hybrids, either singly or in the aggregate.

7. Trout and Salmon

Daily harvest limit is 5 trout or salmon, either singly or in the aggregate.

8. Walleye, Sauger or their Hybrid

A) All Walleye, Sauger, or their hybrid (Saugeye) taken must be 14" in total length or longer, except in the Mississippi River, Wabash River, or except as specified in Section 810.45.

B) Daily harvest limit is 6 Walleye, Sauger or their hybrid, either singly or in the aggregate, except as specified in Section 810.45.

9. Paddlefish

Daily harvest limit is 2 Paddlefish.

10. Injurious Species

For injurious species, as described in 17 Ill. Adm. Code 805, there are no harvest or size limits. Possession of live specimens, progeny thereof, viable eggs, or gametes is prohibited.

11. Alligator Gar

Harvest limit is 1 Alligator Gar per 24 hours.

c) The limits established in this Part on the number and size of fish a person may take in a day do not apply to a person fishing in waters wholly within his or her private property. [515 ILCS 5/10-150]

History

• Source: Amended at 50 Ill. Reg. 4254, effective April 1, 2026

Chapter I Department of Natural Resources

Subchapter b Fish and Wildlife

Part 810 Sport Fishing Regulations for the Waters of Illinois

17 Ill. Adm. Code 810.37 Definitions for Site Specific Sportfishing Regulations (repealed)

History

• Source: Repealed at 47 Ill. Reg. 1934, effective January 30, 2023

17 Ill. Adm. Code 810.40 Daily Catch and Size Limits (Repealed)

History

• Source: Repealed at 15 Ill. Reg. 4699, effective March 18, 1991

17 Ill. Adm. Code 810.45 Site Specific Water Area Regulations

a) Site specific regulations are listed by water area affected. The coverage of the regulation is dictated by the extent of the water area listed and not by the county. In some cases, regulations for a given water area or site may extend beyond the counties listed. The counties listed refer to the location of the dam or outfall for impoundments or mouths of small streams. Since large rivers or streams usually flow through many counties, the term "Multiple" is used rather than listing all counties where the large stream or river flows.

b) If a water area is not listed, then regulations in Section 810.35 apply. If a minimum length limit or a daily harvest limit is not listed, then regulations in Section 810.35 apply.

c) Daily harvest limits are an aggregate count of all species listed for each regulation, except as noted otherwise. For species not listed, Statewide restrictions apply.

d) The following subsections explain additional restrictions or special provisions referred to by number in parentheses for water areas listed in this Section.

1. Sport fishermen must not use more than 2 poles and each pole must not have more than 2 hooks or lures attached (Alabama rigs not allowed) while fishing, except that legal size cast nets (in accordance with Section 810.50(a)(2)), shad scoops, and minnow seines may be used to obtain shad, minnows and crayfish to use as bait, provided that they are not sold, and except that Bullfrogs may be taken by hand, gig, pitchfork, spear, landing net and hook and line during Bullfrogs season.

2. Sport fishermen may not use a minnow seine, minnow trap, cast net or shad scoop for bait collecting in the following water areas:

Charleston Lower Channel Lake tailwaters from that portion of the Embarras River from the Charleston Lower Channel Lake Dam downstream to the Route 130 Bridge.

Clinton Lake tailwaters from that portion of Salt Creek from the Clinton Dam downstream to the route 10 Bridge.

Cook County Forest Preserve District Waters (except in the Des Plaines River)

Lake Decatur tailwaters from that portion of the Sangamon River from the Lake Decatur Dam downstream to the Route 48 Bridge.

3. All jugs set in a body of water shall be under the immediate supervision of the fisherman. Immediate supervision shall be defined as the fisherman being on the water where the jugs are set and readily available to identify jugs to law enforcement officers.

4. When using live bait, all live bait in excess of 8" in total length shall be rigged with a quick set rig. The hook shall be immediately set upon the strike. A quick set rig is defined as follows: a live bait rig with up to 2 treble hooks attached anywhere on the live bait; single hooks are prohibited. This subsection (d)(4) does not apply to trotlines, jug lines, etc., if allowed on the waterbody.

5. Sport fishermen may take carp, carpsuckers, buffalo, gar, Bowfin and suckers by pitchfork, gigs, bow and arrow or bow and arrow devices.

6. The daily harvest limit for Yellow Perch shall not exceed 15 fish in the combined waters of Lake Michigan, Calumet River, and Chicago River including its North Branch, South Branch and the North Shore Channel.

7. It shall be illegal to possess trout during the period of October 1 to 5 a.m. on the third Saturday in October (both dates inclusive) that were caught during that period.

8. It shall be illegal to possess trout during the period of March 15 to 5 a.m. on the 1st Saturday in April (both dates inclusive) that were caught during that period.

9. "Catch and Release Fishing Only" means that fish (all identified species) caught must be immediately released alive and in good condition back into the water from which they came.

10. The 48 inch total length limit on pure Muskellunge applies to that body of water listed as well as any tailwaters as defined below:

Evergreen Lake (McLean County) – including the portion of Six Mile Creek below the Evergreen Lake Dam downstream to its confluence with the Mackinaw River.

Fox Chain O'Lakes (Lake/McHenry Counties) – including the Fox River south of the Wisconsin-Illinois boundary to the Algonquin Dam and the Nippersink Creek upstream to the Wilmot Road Bridge.

Kinkaid Lake (Jackson County) – including the portion of Kinkaid Creek below the Kinkaid Lake Dam downstream to the Route 149 Bridge.

Lake Shelbyville (Moultrie/Shelby Counties) – including the portion of the Kaskaskia River below the Lake Shelbyville Dam downstream to the State Route 128 Road Bridge near Cowden.

Otter Lake (Macoupin County) – including the portion of Otter Creek below Otter Lake Dam downstream to its confluence with East Otter Creek.

Pierce Lake (Winnebago County) – including the portion of Willow Creek below the Pierce Lake Dam downstream to Forest Hills Road

e) Fishing regulations, including species of fish, fishing methods and Daily Harvest Limits are listed for each water area. The numbers in parenthesis refer to the corresponding numbered definitions in subsection (d) of this Section. If a water area is not listed or if a specific species is not listed, then statewide restrictions apply. Check the bulletin boards and regulation signs at the specific site for any emergency changes to regulations.

Aledo City Lake, City of Aledo

Mercer County

All Fish

●

2 Pole and Line Fishing Only (1)

Bluegill or Redear Sunfish

●

25 Fish Daily Harvest Limit

Channel Catfish

●

6 Fish Daily Harvest Limit

Large or Smallmouth Bass

●

Protected Slot Length Limit with no possession of Fish ≥ 12" and < 18"

●

3 Fish Daily Harvest Limit

Altamont New City Reservoir, City of Altamont

Effingham County

All Fish

●

2 Pole and Line Fishing Only (1)

Large or Smallmouth Bass

●

15" Minimum Length Limit

●

1 Fish Daily Harvest Limit

Anderson Lake State Fish and Wildlife Area, State of Illinois

Fulton County

Largemouth Bass

●

12" Minimum Length Limit

Andover Lake, Village of Andover

Henry County

All Fish

●

2 Pole and Line Fishing Only (1)

Channel Catfish

●

6 Fish Daily Harvest Limit

Anna City Lake, City of Anna

Union County

All Fish

●

2 Pole and Line Fishing Only (1)

Bluegill or Redear Sunfish

●

8" Minimum Length Limit

●

10 Fish Daily Harvest Limit

Channel Catfish

●

6 Fish Daily Harvest Limit

Large or Smallmouth Bass

●

15" Minimum Length Limit

●

3 Fish Daily Harvest Limit

Apple River (within Apple River Canyon State Park and Satellite Boundaries), State of Illinois

Jo Daviess County

All Fish

●

2 Pole and Line Fishing Only (1)

Smallmouth Bass

●

Catch and Release Fishing Only (9)

Trout

●

Spring Closed Season (8). Early season Catch and Release Fishing permitted. (9)

●

Fall Closed Season (7). Early season Catch and Release Fishing permitted. (9)

Argyle Lake, Argyle Lake State Park

McDonough County

All Fish

●

2 Pole and Line Fishing Only (1)

●

All live bait > 8" must be rigged with a quick set rig (4)

Bluegill or Redear Sunfish

●

25 Fish Daily Harvest Limit

Channel Catfish

●

6 Fish Daily Harvest Limit

Hybrid Walleye

●

3 Fish Daily Harvest Limit

Large or Smallmouth Bass

●

Protected Slot Length Limit with no possession of Fish ≥14" and <18"

●

3 Fish Daily Harvest Limit

Pure Muskellunge

●

42" Minimum Length Limit

Trout

●

Fall Closed Season (7)

White, Black, or Hybrid Crappie

●

25 Fish Daily Harvest Limit with no more than 10 Fish ≥ 10"

Arrowhead Heights Lake, Village of Camp Point

Adams County

All Fish

●

2 Pole and Line Fishing Only (1)

Channel Catfish

●

6 Fish Daily Harvest Limit

Large or Smallmouth Bass

●

15" Minimum Length Limit

●

3 Fish Daily Harvest Limit

Arrowhead Lake, City of Johnston City

Williamson County

All Fish

●

2 Pole and Line Fishing Only (1)

Channel Catfish

●

6 Fish Daily Harvest Limit

Large or Smallmouth Bass

●

3 Fish Daily Harvest Limit with no more than 1 Fish ≥ 15" and 2 Fish < 12"

White, Black, or Hybrid Crappie

●

15 Fish Daily Harvest Limit

Ashland Old Reservoir, City of Ashland

Morgan County

All Fish

●

2 Pole and Line Fishing Only (1)

Channel Catfish

●

6 Fish Daily Harvest Limit

Ashland New Reservoir, City of Ashland

Morgan County

All Fish

●

2 Pole and Line Fishing Only (1)

Bluegill or Redear Sunfish

●

10 Fish Daily Harvest Limit

Channel Catfish

●

6 Fish Daily Harvest Limit

Auburn Park Lagoon, Chicago Park District

Cook County

All Fish

●

2 Pole and Line Fishing Only (1)

Channel Catfish

●

4 Fish Daily Harvest Limit

Axehead Lake, Cook County Forest Preserve District

Cook County

All Fish

●

2 Pole and Line Fishing Only (1) (2)

Bluegill, Redear, or Pumpkinseed Sunfish

●

15 Fish Daily Harvest Limit

Large or Smallmouth Bass

●

14" Minimum Length Limit

Trout

●

Fall Closed Season (7)

●

Spring Closed Season (8)

White, Black, or Hybrid Crappie

●

15 Fish Daily Harvest Limit

Bakers Lake, City of Peru

LaSalle County

All Fish

●

2 Pole and Line Fishing Only (1)

Channel Catfish

●

6 Fish Daily Harvest Limit

Large or Smallmouth Bass

●

14" Minimum Length Limit

●

1 Fish Daily Harvest Limit

Baldwin Lake, Baldwin Lake State Fish and Wildlife Area

Randolph County

All Fish

●

2 Pole and Line Fishing Only (1) (5)

Large or Smallmouth Bass

●

18" Minimum Length Limit

●

3 Fish Daily Harvest Limit

Striped, White, or Hybrid Striped Bass

●

17" Minimum Length Limit

●

3 Fish Daily Harvest Limit

White, Black, or Hybrid Crappie

●

9" Minimum Length Limit

●

25 Fish Daily Harvest

Banner Marsh Lakes & Ponds, Banner Marsh State Fish and Wildlife Area

Peoria/Fulton Counties

All Fish

●

2 Pole and Line Fishing Only (1)

●

Sport fisherman may harvest carp, buffalo, suckers and gar by bow and arrow or bow and arrow devices, gigs or spears from May 1 through August 31

●

All live bait > 8" must be rigged with a quick set rig (4)

Channel Catfish

●

6 Fish Daily Harvest Limit

Large or Smallmouth Bass

●

Protected Slot Length Limit with no possession of Fish ≥ 12" and < 18"

●

3 Fish Daily Harvest Limit

Pure Muskellunge

●

42" Minimum Length Limit

White, Black, or Hybrid Crappie

●

25 Fish Daily Harvest Limit with no more than 10 Fish ≥ 10"

Baumann Park Lake, City of Cherry Valley

Winnebago County

All Fish

●

2 Pole and Line Fishing Only (1)

Channel Catfish

●

6 Fish Daily Harvest Limit

Large or Smallmouth Bass

●

14" Minimum Length Limit

●

1 Fish Daily Harvest Limit

Trout

●

Fall Closed Season (7)

●

Spring Closed Season (8)

Beall Woods Lake, Beall Woods State Park

Wabash County

All Fish

●

2 Pole and Line Fishing Only (1)

Channel Catfish

●

6 Fish Daily Harvest Limit

Large or Smallmouth Bass

●

15" Minimum Length Limit

Trout

●

Spring Closed Season (8)

●

Fall Closed Season (7)

Beaver Dam Lake, Beaver Dam State Park

Macoupin County

All Fish

●

2 Pole and Line Fishing Only (1)

Bluegill or Redear Sunfish

●

25 Fish Daily Harvest Limit

Channel Catfish

●

6 Fish Daily Harvest Limit

Large or Smallmouth Bass

●

15" Minimum Length Limit

●

3 Fish Daily Harvest Limit

Trout

●

Fall Closed Season (7)

White, Black, or Hybrid Crappie

●

9" Minimum Length

●

10 Fish Daily Harvest Limit

Beck Lake, Cook County Forest Preserve District

Cook County

All Fish

●

2 Pole and Line Fishing Only (1) (2)

Bluegill, Redear, or Pumpkinseed Sunfish

●

15 Fish Daily Harvest Limit

Channel Catfish

●

6 Fish Daily Harvest Limit

Large or Smallmouth Bass

●

14" Minimum Length Limit

Walleye, Sauger, or Hybrid Walleye

●

18" Minimum Length Limit

White, Black, or Hybrid Crappie

●

15 Fish Daily Harvest Limit

Belk Park Pond, City of Wood River

Madison County

All Fish

●

2 Pole and Line Fishing Only (1)

Bluegill or Redear Sunfish

●

25 Fish Daily Harvest Limit

Channel Catfish

●

6 Fish Daily Harvest Limit

Trout

●

Fall Closed Season (7)

●

Spring Closed Season (8)

Belleau Lake, Cook County Forest Preserve District

Cook County

All Fish

●

2 Pole and Line Fishing Only (1) (2)

Bluegill, Redear, or Pumpkinseed Sunfish

●

15 Fish Daily Harvest Limit

Large or Smallmouth Bass

●

14" Minimum Length Limit

Trout

●

Fall Closed Season (7)

●

Spring Closed Season (8)

White, Black, or Hybrid Crappie

●

15 Fish Daily Harvest Limit

Belvidere Ponds, City of Belvidere

Boone County

Large or Smallmouth Bass

●

14" Minimum Length Limit

●

1 Fish Daily Harvest Limit

Bevier Park Lagoon, Waukegan Park District

Lake County

All Fish

●

2 Pole and Line Fishing Only (1)

Channel Catfish

●

6 Fish Daily Harvest Limit

Bird Park Quarry, City of Kankakee

Kankakee County

All Fish

●

2 Pole and Line Fishing Only (1)

Trout

●

Fall Closed Season (7)

●

Spring Closed Season (8)

Blandinsville North and South Lakes, Village of Blandinsville

McDonough County

All Fish

●

2 Pole and Line Fishing Only (1)

Channel Catfish

●

6 Fish Daily Harvest Limit

Large or Smallmouth Bass

●

3 Fish Daily Harvest Limit with no more than 1 Fish ≥ 15" and 2 Fish ˂ 12"

Bloomington Park District Lakes (Anglers Lake, Holiday Lake, Tipton Lake and White Oaks Lake, [except Miller Park Lake, see individual listing]), City of Bloomington

McLean County

All Fish

●

2 Pole and Line Fishing Only (1)

Channel Catfish

●

3 Fish Daily Harvest Limit

Large or Smallmouth Bass

●

15" Minimum Length Limit

●

3 Fish Daily Harvest Limit

Blue Pond, Boone County Conservation District

Boone County

All Fish

●

2 Pole and Line Fishing Only (1)

Channel Catfish

●

6 Fish Daily Harvest Limit

Large or Smallmouth Bass

●

14" Minimum Length Limit

●

1 Fish Daily Harvest Limit

Bonfield Ponds, Village of Bonfield

Kankakee County

All Fish

●

2 Pole and Line Fishing Only (1)

Channel Catfish

●

3 Fish Daily Harvest Limit

Large or Smallmouth Bass

●

Protected Slot Length Limit with no possession of Fish ≥ 12" or < 15"

●

6 Fish Daily Harvest Limit with no more than 1 Fish ≥ 15"

Borah Lake, City of Olney

Richland County

All Fish

●

2 Pole and Line Fishing Only (1)

Bluegill or Redear Sunfish

●

25 Fish Daily Harvest Limit

Channel Catfish

●

6 Fish Daily Harvest Limit

Large or Smallmouth Bass

●

14" Minimum Length Limit

Bourbonnais Park District Ponds (Diamond, Turnberry, and Willowhaven ponds, except Perry Farm Pond, see individual listing), Bourbonnais Township Park District

All Fish

●

2 Pole and Line Fishing Only (1)

Large or Smallmouth Bass

●

3 Fish Daily Harvest Limit

Bowen Lake, City of Washington

Tazewell County

All Fish

●

2 Pole and Line Fishing Only (1)

Channel Catfish

●

6 Fish Daily Harvest Limit

Large or Smallmouth Bass

●

Protected Slot Length Limit with no possession of Fish ≥ 12" and < 15"

●

3 Fish Daily Harvest Limit

Boyd-Wesley Park Pond, Village of Towanda

McLean County

All Fish

●

2 Pole and Line Fishing Only (1)

Bluegill or Redear Sunfish

●

10 Fish Daily Harvest Limit

Channel Catfish

●

3 Fish Daily Harvest Limit

Large or Smallmouth Bass

●

15" Minimum Length Limit

●

1 Fish Daily Harvest Limit

Braidwood Lake, Braidwood State Fish and Wildlife Area

Will County

Recreational Use Restrictions

●

Fishing tournaments prohibited from July 1 through August 31 (both dates inclusive)

All Fish

●

2 Pole and Line Fishing Only (1)

Large or Smallmouth Bass

●

15" Minimum Length Limit

●

3 Fish Daily Harvest Limit

Striped, White or Hybrid Striped Bass

●

10 Fish Daily Harvest with no more than 3 Fish ≥ 17"

Breese Jaycee Park Pond, City of Breese

Clinton County

All Fish

●

2 Pole and Line Fishing Only (1)

Channel Catfish

●

6 Fish Daily Harvest Limit

Large or Smallmouth Bass

●

15" Minimum Length Limit

●

3 Fish Daily Harvest Limit

Brock Lake, City of Mackinaw

Tazewell County

Bluegill or Redear Sunfish

●

25 Fish Daily Harvest Limit

Channel Catfish

●

3 Fish Daily Harvest Limit

Large or Smallmouth Bass

●

3 Fish Daily Harvest Limit with no more than 1 Fish ≥ 15" and 2 Fish < 12"

Buckner City Reservoir, City of Buckner

Franklin County

All Fish

●

2 Pole and Line Fishing Only (1)

Channel Catfish

●

6 Fish Daily Harvest Limit

Large or Smallmouth Bass

●

15" Minimum Length Limit

Buffalo Prairie Pheasant Habitat Area Lakes and Ponds (Buffalo Lake South, Buffalo Lake North, Buffalo Pond Northwest, Buffalo Wetland) State of Illinois

Knox County

All Fish

●

2 Pole and Line Fishing Only (1)

Bluegill or Redear Sunfish

●

25 Fish Daily Harvest Limit

Channel Catfish

●

6 Fish Daily Harvest Limit

Large or Smallmouth Bass

●

Protected Slot Length Limit with no possession of Fish ≥ 14" and <18"

●

3 Fish Daily Harvest Limit

Pure Muskellunge

●

Protected Slot Length Limit with 1 Fish ≥ 36" and < 42" or 1 Fish ≥ 48"

Walleye, Sauger or Hybrid Walleye

●

3 Fish Daily Harvest Limit

White, Black or Hybrid Crappie

●

25 Fish Daily Harvest Limit with no more than 10 Fish ≥ 10"

Bullfrog Lake, Cook County Forest Preserve District

Cook County

All Fish

●

2 Pole and Line Fishing Only (1) (2)

Bluegill, Redear, or Pumpkinseed Sunfish

●

15 Fish Daily Harvest Limit

Large or Smallmouth Bass

●

14" Minimum Length Limit

White, Black, or Hybrid Crappie

●

15 Fish Daily Harvest Limit

Bunker Hill Lake, City of Bunker Hill

Macoupin County

All Fish

●

2 Pole and Line Fishing Only (1)

Channel Catfish

●

6 Fish Daily Harvest Limit

Burning Star State Fish and Wildlife Area – All lakes and ponds, State of Illinois

Jackson County

All Fish

●

2 Pole and Line Fishing Only (1) (5)

Bluegill or Redear Sunfish

●

25 Fish Daily Harvest Limit

Channel Catfish

●

6 Fish Daily Harvest Limit

Large or Smallmouth Bass

●

6 Fish Daily Harvest Limit with no more than 1 Fish ≥ 18" and 5 Fish < 14"

White, Black, or Hybrid Crappie

●

25 Fish Daily Harvest Limit

Burrell Woods Park Pond, City of Carmi

White County

Channel Catfish

●

6 Fish Daily Harvest Limit

Busse Lake (including Busse Lake Spillway and Salt Creek downstream to Arlington Heights Road), Cook County Forest Preserve District

Cook County

All Fish

●

2 Pole and Line Fishing Only (1) (2)

●

All live bait > 8" must be rigged with a quick set rig (4)

Bluegill, Redear, or Pumpkinseed Sunfish

●

15 Fish Daily Harvest Limit

Channel Catfish

●

6 Fish Daily Harvest Limit

Large or Smallmouth Bass

●

14" Minimum Length Limit

Pure Muskellunge

●

42" Minimum Length Limit

Trout

●

Fall Closed Season (7)

Walleye, Sauger, or Hybrid Walleye

●

18" Minimum Length Limit

White, Black, or Hybrid Crappie

●

15 Fish Daily Harvest Limit

Cache River State Natural Area, State of Illinois

Pulaski/Johnson Counties

Recreational Use Restrictions

●

No fishing in Nature Preserves – Section 8 Woods, Heron Pond/Little Black Slough

All Fish

●

2 Pole and Line Fishing Only (1) (5)

●

No Seines

Calumet River

Cook County

Yellow Perch

●

15 Fish Daily Harvest Limit (6)

●

Closed May 1 through June 15

Campus Lake – Southern Illinois University, State of Illinois

Jackson County

All Fish

●

2 Pole and Line Fishing Only (1)

Channel Catfish

●

6 Fish Daily Harvest Limit

Campus Pond – Eastern Illinois University, State of Illinois

Coles County

All Fish

●

2 Pole and Line Fishing Only (1)

Channel Catfish

●

6 Fish Daily Harvest Limit

Trout

●

Fall Closed Season (7)

●

Spring Closed Season (8)

Canton Lake, City of Canton

Fulton County

All Fish

●

2 Pole and Line Fishing Only (1)

●

All live bait > 8" must be rigged with a quick set rig (4)

Blue or Channel Catfish

●

6 Fish Daily Harvest Limit

Large or Smallmouth Bass

●

15" Minimum Length Limit

●

3 Fish Daily Harvest Limit

Pure Muskellunge

●

42" Minimum Length Limit

Carbondale City Reservoir, City of Carbondale

Jackson County

All Fish

●

2 Pole and Line Fishing Only (1)

Large or Smallmouth Bass

●

15" Minimum Length Limit

●

3 Fish Daily Harvest Limit

Carlinville Lake #1, City of Carlinville

Macoupin County

All Fish

●

2 Pole and Line Fishing Only (1)

Channel Catfish

●

6 Fish Daily Harvest Limit

Carlinville Lake #2, City of Carlinville

Macoupin County

All Fish

●

2 Pole and Line Fishing Only (1)

Channel Catfish

●

6 Fish Daily Harvest Limit

Carlyle Lake, (including its tributary streams and those portions of the Kaskaskia River and Hurricane Creek up to the U.S. Army Corps of Engineers Carlyle Lake Project boundaries). Does not include the tailwaters, U.S. Army Corps of Engineers

Clinton/Bond/Fayette Counties

Large or Smallmouth Bass

●

14" Minimum Length Limit

White, Black, or Hybrid Crappie

●

10" Minimum Length Limit

●

15 Fish Daily Harvest Limit

Carlyle Lake Tailwaters (Kaskaskia River between U.S. Route 50 and the Carlyle Lake dam and spillway), U.S. Army Corps of Engineers

Clinton County

All Fish

●

Sport fishermen may not use a minnow seine, cast net or shad scoop for bait collecting between U.S. Route 50 and the Carlyle Lake dam and spillway.

Carthage Lake, City of Carthage

Hancock County

All Fish

●

2 Pole and Line Fishing Only (1)

Channel Catfish

●

6 Fish Daily Harvest Limit

Casey Park Pond, City of Casey

Clark County

All Fish

●

2 Pole and Line Fishing Only (1)

Bluegill or Redear Sunfish

●

15 Fish Daily Harvest Limit with no more than 5 Fish ≥ 8"

Channel Catfish

●

6 Fish Daily Harvest Limit

Large or Smallmouth Bass

●

18" Minimum Length Limit

●

1 Fish Daily Harvest Limit

Trout

●

Fall Closed Season (7)

●

Spring Closed Season (8)

Cedar Lake and Little Cedar Lake, U.S. Forest Service and City of Carbondale

Jackson County

All Fish

●

2 Pole and Line Fishing Only (1) (5)

Large or Smallmouth Bass

●

6 Fish Daily Harvest Limit with no more than 1 Fish ≥ 18" and 5 Fish < 14"

Striped, White, or Hybrid Striped Bass

●

17" Minimum Length Limit

●

3 Fish Daily Harvest Limit

White, Black, or Hybrid Crappie

●

25 Fish Daily Harvest Limit

Centennial Park Pond, Coloma Township Park District

Whiteside County

All Fish

●

2 Pole and Line Fishing Only (1)

Trout

●

Fall Closed Season (7)

●

Spring Closed Season (8)

Centralia Foundation Park Catfish Pond, Centralia Foundation

Marion County

All Fish

●

2 Pole and Line Fishing Only (1)

Channel Catfish

●

6 Fish Daily Harvest Limit

Centralia Lake, City of Centralia

Marion County

All Fish

●

2 Pole and Line Fishing Only (1)

Channel Catfish

●

6 Fish Daily Harvest Limit

Large or Smallmouth Bass

●

15" Minimum Length Limit

Cermack Quarry, Cook County Forest Preserve District

Cook County

All Fish

●

2 Pole and Line Fishing Only (1) (2)

Bluegill, Redear, or Pumpkinseed Sunfish

●

15 Fish Daily Harvest Limit

Channel Catfish

●

6 Fish Daily Harvest Limit

Large or Smallmouth Bass

●

14" Minimum Length Limit

Trout

●

Spring Closed Season (8)

White, Black, or Hybrid Crappie

●

15 Fish Daily Harvest Limit

Champaign Park District Lakes (Kaufman Lake, Heritage Park Pond, Porter Lake and Mattis Lake), Champaign Park District

Champaign County

All Fish

●

2 Pole and Line Fishing Only (1)

Bluegill or Redear Sunfish

●

15 Fish Daily Harvest Limit

Channel Catfish

●

3 Fish Daily Harvest Limit

Large or Smallmouth Bass

●

15" Minimum Length Limit

●

1 Fish Daily Harvest Limit

Trout (Kaufman Lake)

●

Fall Closed Season (7)

●

Spring Closed Season (8)

Charleston Lower Channel Lake, City of Charleston

Coles County

All Fish

●

2 Pole and Line Fishing Only (1) (2) (5)

Charleston Side Channel Lake, City of Charleston

Coles County

All Fish

●

2 Pole and Line Fishing Only (1) (5)

Channel Catfish

●

6 Fish Daily Harvest Limit

Large or Smallmouth Bass

●

14" Minimum Length Limit

Striped, White, or Hybrid Striped Bass

●

17" Minimum Length Limit

●

3 Fish Daily Harvest Limit

White, Black, or Hybrid Crappie

●

20 Fish Daily Harvest Limit with no more than 10 Fish < 10" and 10 Fish ≥ 10"

Charlie Brown Lake & Pond, City of Flora

Clay County

All Fish

●

2 Pole and Line Fishing Only (1)

Channel Catfish

●

6 Fish Daily Harvest Limit

Large or Smallmouth Bass

●

14" Minimum Length Limit

Charter Oak North – Peoria Park District Lake, Peoria Park District

Peoria County

All Fish

●

2 Pole and Line Fishing Only (1)

Channel Catfish

●

6 Fish Daily Harvest Limit

Large or Smallmouth Bass

●

15" Minimum Length Limit

●

1 Fish Daily Harvest Limit

Charter Oak South – Peoria Park District Pond, Peoria Park District

Peoria County

All Fish

●

2 Pole and Line Fishing Only (1)

Channel Catfish

●

6 Fish Daily Harvest Limit

Large or Smallmouth Bass

●

15" Minimum Length Limit

●

1 Fish Daily Harvest Limit

Chautauqua Lake North and South Pools, U.S. Fish and Wildlife Service

Mason County

Recreational Use Restrictions

●

Lake Chautauqua North and South Pools will be closed to boat fishing from October 6 through January 31

●

Bank fishing will be allowed in selected areas only

●

Ice fishing will be allowed following the February 1 reopening

Largemouth Bass

●

12" Minimum Length Limit

Chicago River (including its North Branch, South Branch, and the North Shore Channel)

Cook County

Yellow Perch

●

15 Fish Daily Harvest Limit (6)

●

Closed May 1 through June 15

Chillicothe Park District Ponds, Chillicothe Park District

Peoria County

All Fish

●

2 Pole and Line Fishing Only (1)

Bluegill or Redear Sunfish

●

25 Fish Daily Harvest Limit

Channel Catfish

●

6 Fish Daily Harvest Limit

Large or Smallmouth Bass

●

18" Minimum Length Limit

●

1 Fish Daily Harvest Limit

Christopher Old City Lake, City of Christopher

Franklin County

All Fish

●

2 Pole and Line Fishing Only (1)

Channel Catfish

●

6 Fish Daily Harvest Limit

Large or Smallmouth Bass

●

15" Minimum Length Limit

●

3 Fish Daily Harvest Limit

Citizen's Lake, City of Monmouth

Warren County

All Fish

●

2 Pole and Line Fishing Only (1)

Bluegill or Redear Sunfish

●

10 Fish Daily Harvest Limit

Channel Catfish

●

6 Fish Daily Harvest Limit

Large or Smallmouth Bass

●

6 Fish Daily Harvest Limit with no more than 1 Fish ≥ 15" and 5 Fish < 12"

Trout

●

Fall Closed Season (7)

Clear Lake, Kickapoo State Recreation Area

Vermilion County

All Fish

●

2 Pole and Line Fishing Only (1)

Bluegill or Redear Sunfish

●

10 Fish Daily Harvest Limit

Channel Catfish

●

6 Fish Daily Harvest Limit

Large or Smallmouth Bass

●

3 Fish Daily Harvest Limit with no more than 1 Fish ≥ 15" and 2 Fish < 15"

Trout

●

Fall Closed Season (7)

●

Spring Closed Season (8)

Clinton Lake (including Clinton Lake Spillway and Salt Creek downstream to the Route 10 Bridge), Clinton Lake State Recreation Area

DeWitt County

All Fish

●

2 Pole and Line Fishing Only (1) (2)

●

Sport fishermen shall be allowed to use trotlines, jugs, and bank poles in the portions of the lake that lie north of the Route 54 Railroad Bridge and northeast of the Route 48 Bridge

●

All jugs must be attended at all times (3)

●

Sport fishermen may take carp, carpsuckers and buffalo by bow and arrow, bow and arrow devices, gigs and spears on the entire lake, but not within 150 feet of any boat ramp, dock, beach or other developed recreation areas

Blue or Channel Catfish

●

10 Fish Daily Harvest Limit

Large or Smallmouth Bass

●

16" Minimum Length Limit

●

3 Fish Daily Harvest Limit

Striped, White, or Hybrid Striped Bass

●

10 Fish Daily Harvest Limit, with no more than 3 Fish ≥ 17"

Walleye

●

18" Minimum Length Limit

●

3 Fish Daily Harvest Limit

White, Black, or Hybrid Crappie

●

15 Fish Daily Harvest Limit with no more than 10 Fish ≥ 10" and 5 Fish < 10"

Coal Miner's Park Pond, City of Spring Valley

Bureau County

All Fish

●

2 Pole and Line Fishing Only (1)

Channel Catfish

●

3 Fish Daily Harvest Limit

Large or Smallmouth Bass

●

15" Minimum Length Limit

●

1 Fish Daily Harvest Limit

Coffeen Lake, Coffeen Lake State Fish and Wildlife Area

Montgomery County

All Fish

●

All jugs must be attended at all times (3)

Large or Smallmouth Bass

●

15" Minimum Length Limit

●

3 Fish Daily Harvest Limit

White, Black, or Hybrid Crappie

●

25 Fish Daily Harvest Limit with no more than 10 Fish ≥ 10"

Coffeen Upland Management Pond, Coffeen Lake State Fish and Wildlife Area

Montgomery County

All Fish

●

2 Pole and Line Fishing Only (1)

Bluegill or Redear Sunfish

●

10 Fish Daily Harvest Limit

Channel Catfish

●

3 Fish Daily Harvest Limit

Large or Smallmouth Bass

●

18" Minimum Length Limit

●

1 Fish Daily Harvest Limit

Coles County Airport Lake, Coles County Airport

Coles County

All Fish

●

2 Pole and Line Fishing Only (1)

Channel Catfish

●

6 Fish Daily Harvest Limit

Large or Smallmouth Bass

●

3 Fish Daily Harvest Limit with no more than 1 Fish ≥ 18" and 2 Fish < 14"

Columbus Park Lagoon, Chicago Park District

Cook County

All Fish

●

2 Pole and Line Fishing Only (1)

Channel Catfish

●

4 Fish Daily Harvest Limit

Commissioners Park Pond, Alsip Park District

Cook County

All Fish

●

2 Pole and Line Fishing Only (1)

Channel Catfish

●

6 Fish Daily Harvest Limit

Conservation World Ponds, Illinois State Fairgrounds

Sangamon County

Fishing by special permit only for senior groups, children's groups or group guests of the Director. Apply for permit by writing to: Department of Natural Resources, Division of Fisheries, One Natural Resources Way, Springfield IL 62702

Cook Co. Forest Preserve District Lakes (except Axehead, Beck, Belleau, Bullfrog, Busse, Cermak, Flatfoot, Green, Horsetail, Sag Quarry East, Schiller Pond, Skokie Lagoons, Tampier and Wampum lakes, see individual listings), Cook County Forest Preserve District

Cook County

All Fish

●

2 Pole and Line Fishing Only (1) (2)

Bluegill, Redear, or Pumpkinseed Sunfish

●

15 Fish Daily Harvest Limit

Large or Smallmouth Bass

●

14" Minimum Length Limit

Walleye, Sauger, or Hybrid Walleye

●

18" Minimum Length Limit

White, Black, or Hybrid Crappie

●

15 Fish Daily Harvest Limit

Coulterville Reservoir, Village of Coulterville

Randolph County

All Fish

●

2 Pole and Line Fishing Only (1)

Channel Catfish

●

6 Fish Daily Harvest Limit

Large or Smallmouth Bass

●

15" Minimum Length Limit

●

3 Fish Daily Harvest Limit

Crab Orchard National Wildlife Refuge – Crab Orchard Lake, U.S. Fish and Wildlife Service

Williamson County

Recreational Use Restrictions

●

West of Wolf Creek Road, fishing from boats is permitted all year. East of Wolf Creek Road, fishing from boats is permitted from March 1 through October 15. Fishing from the bank is permitted all year only at the Wolf Creek and Route 148 causeways.

All Fish

●

2 Pole and Line Fishing Only (1)

●

Sport fishermen shall be allowed to use trotlines, jugs, and by hand, except that sport fishermen may not submerge any pole or similar object to take or locate any fish and the use and aid of underwater breathing devices is prohibited.

●

Trotlines/jugs must be removed from sunrise until sunset from the Friday immediately prior to Memorial Day through Labor Day. On the entire lake, jugs and trotlines must be checked daily and must be removed on the last day they are used. It is illegal to use stakes to anchor any trotlines; they must be anchored only with portable weights and must be removed on the last day they are used.

●

The taking of carp, carpsuckers, shad, Freshwater Drum, buffalo, gar, Bowfin and suckers with spear, gig, bow and arrow or archery device is permissible.

Large or Smallmouth Bass

●

16" Minimum Length Limit

●

3 Fish Daily Harvest Limit

Crab Orchard National Wildlife Refuge – Devil's Kitchen Lake, U.S. Fish and Wildlife Service

Williamson County

All Fish

●

2 Pole and Line Fishing Only (1)

Bluegill or Redear Sunfish

●

25 Fish Daily Harvest Limit

Crab Orchard National Wildlife Refuge – Honker's Pond, U.S. Fish and Wildlife Service

Williamson County

Recreational Use Restrictions

●

Fishing is permitted year-round from sunrise to sunset only

All Fish

●

2 Pole and Line Fishing Only (1)

Bluegill or Redear Sunfish

●

25 Fish Daily Harvest Limit

Channel Catfish

●

6 Fish Daily Harvest Limit

Large or Smallmouth Bass

●

16" Minimum Length Limit

●

3 Fish Daily Harvest Limit

Crab Orchard National Wildlife Refuge – Little Grassy Lake, U.S. Fish and Wildlife Service

Williamson County

All Fish

●

2 Pole and Line Fishing Only (1) (5)

Channel Catfish

●

6 Fish Daily Harvest Limit

Large or Smallmouth Bass

●

Protected Slot Length Limit with no possession of Fish ≥ 12" and < 15"

Crab Orchard National Wildlife Refuge − Restricted Use Area Ponds, except Honker’s and Visitor’s Ponds, see individual listings), U.S. Fish and Wildlife Service

Williamson County

Recreational Use Restrictions

●

Fishing is permitted from March 1 through October 15, both dates inclusive, from sunrise to sunset

All Fish

●

2 Pole and Line Fishing Only (1)

Bluegill or Redear Sunfish

●

25 Fish Daily Harvest Limit

Channel Catfish

●

6 Fish Daily Harvest Limit

Large or Smallmouth Bass

●

16" Minimum Length Limit

●

3 Fish Daily Harvest Limit

Crab Orchard National Wildlife Refuge – Visitor’s Pond, U.S. Fish and Wildlife Service

Williamson County

Recreational Use Restrictions

●

Fishing is permitted year-round from sunrise to sunset only

All Fish

●

2 Pole and Line Fishing Only (1)

Bluegill or Redear Sunfish

●

25 Fish Daily Harvest Limit

Channel Catfish

●

6 Fish Daily Harvest Limit

Large or Smallmouth Bass

●

18" Minimum Length Limit

●

1 Fish Daily Harvest Limit

Crab Orchard National Wildlife Refuge – All Other Ponds, U.S. Fish and Wildlife Service

Williamson County

All Fish

●

2 Pole and Line Fishing Only (1)

Bluegill or Redear Sunfish

●

25 Fish Daily Harvest Limit

Crawford County State Fish and Wildlife Area Ponds, Crawford County

State Fish and Wildlife Area

Crawford County

All Fish

●

2 Pole and Line Fishing Only (1)

Bluegill or Redear Sunfish

●

15 Fish Daily Harvest Limit with no more than 5 Fish ≥ 8"

Channel Catfish

●

6 Fish Daily Harvest Limit

Large or Smallmouth Bass

●

15" Minimum Length Limit

●

1 Fish Daily Harvest Limit

Trout (Picnic Pond)

●

Fall Closed Season (7)

Crystal Lake, Urbana Park District

Champaign County

All Fish

●

2 Pole and Line Fishing Only (1)

Bluegill or Redear Sunfish

●

10 Fish Daily Harvest Limit

Channel Catfish

●

3 Fish Daily Harvest Limit

Large or Smallmouth Bass

●

14" Minimum Length Limit

Cypress Creek National Wildlife Refuge − All Ponds, U.S. Fish and Wildlife Service

Johnson/Pulaski/Union Counties

All Fish

●

2 Pole and Line Fishing Only (1)

Channel Catfish

●

6 Fish Daily Harvest Limit

Large or Smallmouth Bass

●

15" Minimum Length Limit

Cypress Creek National Wildlife Refuge − Cache River, U.S. Fish and Wildlife Service

Johnson/Pulaski Counties

All Fish

●

2 Pole and Line Fishing Only (1)

●

No Seines

Dawson Lake & Park Ponds, Moraine View State Recreation Area

McLean County

All Fish

●

2 Pole and Line Fishing Only (1)

●

Sport fishermen may take carp from boat by bow and arrow and bow and arrow devices, but not within 150 feet of any developed recreation areas

Bluegill or Redear Sunfish

●

20 Fish Daily Harvest Limit with no more than 5 Fish ≥ 8"

Channel Catfish

●

6 Fish Daily Harvest Limit

Large or Smallmouth Bass

●

3 Fish Daily Harvest Limit with no more than 1 Fish ≥ 15" and 2 Fish < 15"

Walleye, Sauger, or Hybrid Walleye

●

15" Minimum Length Limit

●

3 Fish Daily Harvest Limit with no more than 1 Fish ≥ 20"

White, Black, or Hybrid Crappie

●

15 Fish Daily Harvest Limit

Decatur Park District Ponds (except Fairview Park – Dreamland Pond and Sportsmans Club Pond, see individual listings), Decatur Park District

Macon County

All Fish

●

2 Pole and Line Fishing Only (1)

Channel Catfish

●

6 Fish Daily Harvest Limit

Large or Smallmouth Bass

●

14" Minimum Length Limit

●

1 Fish Daily Harvest Limit

Defiance Lake, Moraine Hills State Park

McHenry County

All Fish

●

2 Pole and Line Fishing Only (1)

Channel Catfish

●

6 Fish Daily Harvest Limit

Large or Smallmouth Bass

●

14" Minimum Length Limit

●

3 Fish Daily Harvest Limit

Des Plaines River Basin (former Hoffman Dam site to 47th Street Bridge, including tributaries)

Cook County

Channel Catfish

●

15" Minimum Length Limit

●

6 Fish Daily Harvest Limit

Large or Smallmouth Bass

●

Catch and Release Fishing Only (9)

Northern Pike

●

30" Minimum Length Limit

●

1 Fish Daily Harvest Limit

Walleye, Sauger, or Hybrid Walleye

●

18" Minimum Length Limit

●

1 Fish Daily Harvest Limit

White, Black or Hybrid Crappie

●

10 Fish Daily Harvest Limit

Diamond Lake, Mundelein Park District

Lake County

All Fish

●

2 Pole and Line Fishing Only (1)

Channel Catfish

●

6 Fish Daily Harvest Limit

Large or Smallmouth Bass

●

15" Minimum Length Limit

●

3 Fish Daily Harvest Limit

Pure Muskellunge

●

48" Minimum Length Limit

Dieterich Park Pond, Village of Dieterich

Effingham County

All Fish

●

2 Pole and Line Fishing Only (1)

Channel Catfish

●

6 Fish Daily Harvest Limit

Large or Smallmouth Bass

●

15" Minimum Length Limit

●

1 Fish Daily Harvest Limit

Dolan Lake, Hamilton County State Fish and Wildlife Area

Hamilton County

All Fish

●

2 Pole and Line Fishing Only (1)

Bluegill or Redear Sunfish

●

25 Fish Daily Harvest Limit

Channel Catfish

●

6 Fish Daily Harvest Limit

Large or Smallmouth Bass

●

18" Minimum Length Limit

●

1 Fish Daily Harvest Limit

Dongola City Reservoir, Village of Dongola

Union County

All Fish

●

2 Pole and Line Fishing Only (1)

Channel Catfish

●

6 Fish Daily Harvest Limit

Largemouth Bass

●

18" Minimum Length Limit

●

1 Fish Daily Harvest Limit

Double "T" State Fish and Wildlife Area, State of Illinois

Fulton County

All Fish

●

2 Pole and Line Fishing Only (1)

●

All live bait > 8" must be rigged with a quick set rig (4)

Blue or Channel Catfish

●

6 Fish Daily Harvest Limit

Bluegill or Redear Sunfish

●

25 Fish Daily Harvest Limit

Large or Smallmouth Bass

●

21" Minimum Length Limit

●

1 Fish Daily Harvest Limit

Pure Muskellunge

●

42" Minimum Length Limit

White, Black, or Hybrid Crappie

●

10" Minimum Length Limit

●

25 Fish Daily Harvest Limit

Douglas Park Lagoon, Chicago Park District

Cook County

All Fish

●

2 Pole and Line Fishing Only (1)

Channel Catfish

●

4 Fish Daily Harvest Limit

DuPage County Forest Preserve District Lakes and Ponds, Forest Preserve District of DuPage County

DuPage County

All Fish

●

2 Pole and Line Fishing Only (1)

Bluegill or Redear Sunfish

●

25 Fish Daily Harvest Limit

Channel Catfish

●

12" Minimum Length Limit

●

6 Fish Daily Harvest Limit

Large or Smallmouth Bass

●

4 Fish Daily Harvest Limit with no more than 1 Fish ≥ 18" and 3 Fish < 14"

Pure Muskellunge

●

48" Minimum Length Limit

Trout (Silver Lake)

●

Fall Closed Season (7)

●

Spring Closed Season (8)

Walleye, Sauger, or Hybrid Walleye

●

16" Minimum Length Limit

●

3 Fish Daily Harvest Limit

White, Black, or Hybrid Crappie

●

15 Fish Daily Harvest Limit

Yellow Perch

●

9" Minimum Length Limit

●

5 Fish Daily Harvest Limit

DuPage River – West Branch (between the former dam sites located in the McDowell Grove Forest Preserve and the Warrenville Grove Forest Preserve)

DuPage County

Large or Smallmouth Bass

●

Catch and Release Fishing Only (9)

DuQuoin City Lake, City of DuQuoin

Perry County

Bluegill or Redear Sunfish

●

25 Fish Daily Harvest Limit

Channel Catfish

●

6 Fish Daily Harvest Limit

Large or Smallmouth Bass

●

15" Minimum Length Limit

●

3 Fish Daily Harvest Limit

White, Black, or Hybrid Crappie

●

25 Fish Daily Harvest Limit

DuQuoin State Fairgrounds – All Lakes and Ponds, State of Illinois

Perry County

All Fish

●

2 Pole and Line Fishing Only (1)

Bluegill or Redear Sunfish

●

25 Fish Daily Harvest Limit

Channel Catfish

●

6 Fish Daily Harvest Limit

Large or Smallmouth Bass

●

3 Fish Daily Harvest Limit

East Fork Lake, City of Olney

Richland County

All Fish

●

2 Pole and Line Fishing Only (1)

Bluegill or Redear Sunfish

●

25 Fish Daily Harvest Limit

Channel Catfish

●

6 Fish Daily Harvest Limit

Large or Smallmouth Bass

●

15" Minimum Length Limit

White, Black, or Hybrid Crappie

●

25 Fish Daily Harvest Limit

Ed Madigan State Park Pond, State of Illinois

Logan County

All Fish

●

2 Pole and Line Fishing Only (1)

Bluegill or Redear Sunfish

●

25 Fish Daily Harvest Limit

Channel Catfish

●

3 Fish Daily Harvest Limit

Large or Smallmouth Bass

●

18" Minimum Length Limit

●

1 Fish Daily Harvest Limit

Eldon Hazlet State Park (See Also Carlyle Lake)

Clinton County

Elliott Lake, Wheaton Park District

DuPage County

All Fish

●

2 Pole and Line Fishing Only (1)

Channel Catfish

●

3 Fish Daily Harvest Limit

Large or Smallmouth Bass

●

15" Minimum Length Limit

Embarras River Bottoms State Natural Area, State of Illinois

Lawrence County

All Fish

●

2 Pole and Line Fishing Only (1) (5)

Emiquon Preserve − Thompson Lake, State of Illinois

Fulton County

All Fish

●

2 Pole and Line Fishing Only (1)

Bluegill, Redear, Pumpkinseed, Green, Orange spotted Sunfish or Hybrid Sunfish

●

25 Fish Daily Harvest Limit

Channel Catfish

●

6 Fish Daily Harvest Limit

Large or Smallmouth Bass

●

18" Minimum Length Limit

●

1 Fish Daily Harvest Limit

White, Black or Hybrid Crappie

●

9" Minimum Length Limit

●

25 Fish Daily Harvest Limit

Evergreen Lake, City of Bloomington

McLean County

All Fish

●

2 Pole and Line Fishing Only (1) (5)

●

All live bait > 8" must be rigged with a quick set rig (4)

Large or Smallmouth Bass

●

15" Minimum Length Limit

●

3 Fish Daily Harvest Limit

Pure Muskellunge

●

48" Minimum Length Limit (10)

Walleye, Sauger, or Hybrid Walleye

●

18" Minimum Length Limit

●

3 Fish Daily Harvest Limit

White, Black, or Hybrid Crappie

●

15 Fish Daily Harvest Limit with no more than 5 Fish ≥ 10"

Fairgrounds Pond – Fort Massac State Park

Massac County

All Fish

●

2 Pole and Line Fishing Only (1)

Large or Smallmouth Bass

●

18" Minimum Length Limit

●

1 Fish Daily Harvest Limit

Trout

●

Fall Closed Season (7)

●

Spring Closed Season (8)

Fairview Park – Dreamland Pond, Decatur Park District

Macon County

Recreational Use Restrictions

●

Only youth under 16 years of age permitted to fish, or persons participating in a Decatur Park District or Illinois Department of Natural Resources sponsored fishing programs

All Fish

●

2 Pole and Line Fishing Only (1)

Channel Catfish

●

3 Fish Daily Harvest Limit

Large or Smallmouth Bass

●

14" Minimum Length Limit

●

1 Fish Daily Harvest Limit

Ferne Clyffe Lake, Ferne Clyffe State Park

Johnson County

All Fish

●

2 Pole and Line Fishing Only (1)

Channel Catfish

●

6 Fish Daily Harvest Limit

Trout

●

Fall Closed Season (7)

●

Spring Closed Season (8)

Flatfoot Lake, Cook County Forest Preserve District

Cook County

All Fish

●

2 Pole and Line Fishing Only (1) (2)

Bluegill, Redear, or Pumpkinseed Sunfish

●

15 Fish Daily Harvest Limit

Channel Catfish

●

6 Fish Daily Harvest Limit

Large or Smallmouth Bass

●

14" Minimum Length Limit

White, Black, or Hybrid Crappie

●

15 Fish Daily Harvest Limit

Fletcher Park Pond, City of Mt. Zion

Macon County

All Fish

●

2 Pole and Line Fishing Only (1)

Bluegill or Redear Sunfish

●

5 Fish Daily Harvest Limit

Channel Catfish

●

3 Fish Daily Harvest Limit

Large or Smallmouth Bass

●

18" Minimum Length Limit

●

1 Fish Daily Harvest Limit

Foli Park Pond, Village of Plano

Kendall County

All Fish

●

2 Pole and Line Fishing Only (1)

Channel Catfish

●

6 Fish Daily Harvest Limit

Forbes Lake, Stephen A. Forbes State Recreation Area (including Forbes Lake tailwaters and that portion of Lost Fork Creek within Stephen A. Forbes State Recreation Area)

Marion County

All Fish

●

2 Pole and Line Fishing Only (1) (5)

Channel Catfish

●

6 Fish Daily Harvest Limit

Large or Smallmouth Bass

●

14" Minimum Length Limit

Striped, White, or Hybrid Striped Bass

●

17" Minimum Length Limit

●

3 Fish Daily Harvest Limit

White, Black or Hybrid Crappie

●

No Daily Harvest Limit for Fish < 8" and 10 Fish Daily Harvest Limit for Fish ≥ 8"

Forbes State Recreation Area Ponds, Stephen A. Forbes State Recreation Area

Marion County

All Fish

●

2 Pole and Line Fishing Only (1) (5)

Channel Catfish

●

6 Fish Daily Harvest Limit

Large or Smallmouth Bass

●

14" Minimum Length Limit

Trout (Boston Pond)

●

Fall Closed Season (7)

●

Spring Closed Season (8)

Forest Park Lagoon, City of Shelbyville

Shelby County

All Fish

●

2 Pole and Line Fishing Only (1)

Channel Catfish

●

6 Fish Daily Harvest Limit

Trout

●

Fall Closed Season (7)

●

Spring Closed Season (8)

Four Lakes, Forest Preserves of Winnebago County

Winnebago County

All Fish

●

2 Pole and Line Fishing Only (1)

Channel Catfish

●

6 Fish Daily Harvest Limit

Large or Smallmouth Bass

●

14" Minimum Length Limit

●

1 Fish Daily Harvest Limit

Trout

●

Spring Closed Season (8)

●

Fall Closed Season (7)

Fox Chain O'Lakes (including the Fox River south of the Wisconsin-Illinois boundary to the Algonquin Dam and the Nippersink Creek upstream to the Wilmot Road Bridge), State of Illinois

Lake and McHenry Counties

All Fish

●

2 Pole and Line Fishing Only (1) on State Park property bordering the Fox River and Grass Lake

●

All live bait > 8" must be rigged with a quick set rig (4)

Flathead Catfish

●

3 Fish Daily Harvest Limit with no more than 1 Fish ≥ 28" and 2 Fish < 28"

Large or Smallmouth Bass

●

14" Minimum Length Limit

●

6 Fish Daily Harvest Limit of which no more than 3 can be Smallmouth Bass

Pure Muskellunge

●

48" Minimum Length Limit (10)

Smallmouth Bass

●

All Fish must be immediately released between April 1 and June 15

Walleye, Sauger, or Hybrid Walleye

●

Protected Slot Length Limit with no possession of Fish ≥ 18" and <24"

●

4 Fish Daily Harvest Limit with no more than 1 Fish ≥ 24"

Fox Creek State Fish and Wildlife Area, State of Illinois

Richland and Wayne Counties

All Fish

●

2 Pole and Line Fishing Only (1) (5)

Fox Ridge State Park (see individual listings for Hurricane Pond, Wilderness Pond and Ridge Lake)

Coles County

Fox River (Algonquin Dam to confluence with the Illinois River, including tributaries), State of Illinois

Multiple Counties

Flathead Catfish

●

3 Fish Daily Harvest Limit with no more than 1 Fish ≥ 28" and 2 Fish < 28"

Smallmouth Bass

●

3 Fish Daily Harvest Limit with no more than 1 Fish ≥ 12" and 2 Fish < 12"

Fox River (at Moraine Hills State Park and Dam and on Bolger Lock and Dam Properties), State of Illinois

McHenry County

All Fish

●

2 Pole and Line Fishing Only (1)

Fox River Marina, Lake County Forest Preserve

Lake County

Recreational Use Restrictions

●

Bank Fishing Only (in areas designed by Lake County Forest Preserve District)

All Fish

●

2 Pole and Line Fishing Only (1)

●

Bullfrogs may not be taken by hand, gig, pitchfork, spear, landing net or hook and line

Fox Valley Park District Lakes and Ponds (excluding Lake Gregory and Jericho Lake, see individual listing for Jericho Lake), Fox Valley Park District

Kane and DuPage Counties

All Fish

●

2 Pole and Line Fishing Only (1)

Channel Catfish

●

6 Fish Daily Harvest Limit

Large or Smallmouth Bass

●

15" Minimum Length Limit

●

3 Fish Daily Harvest Limit

Frank Holten Lakes, Frank Holten State Park

St. Clair County

All Fish

●

2 Pole and Line Fishing Only (1) (5)

Channel Catfish

●

6 Fish Daily Harvest Limit

Large or Smallmouth Bass

●

14" Minimum Length Limit

Trout

●

Fall Closed Season (7)

●

Spring Closed Season (8)

Franklin Creek (within the boundaries of Franklin Creek State Natural Area), State of Illinois

Lee County

All Fish

●

2 Pole and Line Fishing Only (1)

Franklin Creek Mill Pond − Franklin Creek State Natural Area

Lee County

All Fish

●

2 Pole and Line Fishing Only (1)

Large or Smallmouth Bass

●

15" Minimum Length Limit

●

1 Fish Daily Harvest Limit

Fulton County Camping and Recreation Area Waters, Fulton County Board

Fulton County

All Fish

●

2 Pole and Line Fishing Only (1)

●

All live bait > 8" must be rigged with a quick set rig (4)

Bluegill or Redear Sunfish

●

25 Fish Daily Harvest Limit

Channel Catfish

●

6 Fish Daily Harvest Limit

Large or Smallmouth Bass

●

Protected Slot Length Limit with no possession of Fish ≥ 12" and < 15"

●

3 Fish Daily Harvest Limit

Pure Muskellunge

●

42" Minimum Length Limit

Gages Lake, Wildwood Park District

Lake County

Large or Smallmouth Bass

●

15" Minimum Length Limit

●

3 Fish Daily Harvest Limit

Walleye, Sauger, or Hybrid Walleye

●

16" Minimum Length Limit

●

3 Fish Daily Harvest Limit

Garfield Park Lagoon, Chicago Park District

Cook County

All Fish

●

2 Pole and Line Fishing Only (1)

Channel Catfish

●

4 Fish Daily Harvest Limit

Gebhard Woods Pond, Gebhard Woods State Park

Grundy County

All Fish

●

2 Pole and Line Fishing Only (1)

Channel Catfish

●

6 Fish Daily Harvest Limit

Large or Smallmouth Bass

●

15" Minimum Length Limit

Trout

●

Spring Closed Season (8)

Germantown Lake, Village of Germantown

Clinton County

All Fish

●

2 Pole and Line Fishing Only (1)

Bluegill or Redear Sunfish

●

15 Fish Daily Harvest Limit

Channel Catfish

●

6 Fish Daily Harvest Limit

Large or Smallmouth Bass

●

18" Minimum Length Limit

●

1 Fish Daily Harvest Limit

Giant City State Park Ponds, Giant City State Park

Jackson and Union Counties

All Fish

●

2 Pole and Line Fishing Only (1)

Bluegill or Redear Sunfish

●

15 Fish Daily Harvest Limit

Channel Catfish

●

6 Fish Daily Harvest Limit

Largemouth Bass

●

15" Minimum Length Limit

Gillespie New City Lake, City of Gillespie

Macoupin County

All Fish

●

2 Pole and Line Fishing Only (1)

Channel Catfish

●

6 Fish Daily Harvest Limit

Large or Smallmouth Bass

●

Protected Slot Length Limit with no possession of Fish ≥ 12" and < 15"

●

3 Fish Daily Harvest Limit

Gillespie Old City Lake, City of Gillespie

Macoupin County

All Fish

●

2 Pole and Line Fishing Only (1)

Channel Catfish

●

6 Fish Daily Harvest Limit

Large or Smallmouth Bass

●

15" Minimum Length Limit

●

3 Fish Daily Harvest Limit

Gladstone Lake, Henderson County State Conservation Area

Henderson County

All Fish

●

2 Pole and Line Fishing Only (1)

Bluegill or Redear Sunfish

●

10 Fish Daily Harvest Limit

Blue or Channel Catfish

●

6 Fish Daily Harvest Limit

Large or Smallmouth Bass

●

3 Fish Daily Harvest Limit with no more than 1 Fish ≥ 15" and 2 Fish < 12"

Pure Muskellunge

●

48" Minimum Length Limit

Glen O Jones Trout Pond, Saline County State Fish and Wildlife Area

Saline County

All Fish

●

2 Pole and Line Fishing Only (1)

Trout

●

Fall Closed Season (7)

Glen O Jones State Lake, Saline County State Fish and Wildlife Area

Saline County

All Fish

●

2 Pole and Line Fishing Only (1)

Channel Catfish

●

6 Fish Daily Harvest Limit

Large or Smallmouth Bass

●

6 Fish Daily Harvest Limit with no more than 1 Fish ≥ 18" and 5 Fish < 14"

Glen Oak Lagoon, Peoria Park District

Peoria County

All Fish

●

2 Pole and Line Fishing Only (1)

Channel Catfish

●

6 Fish Daily Harvest Limit

Glenn Shoals Lake, City of Hillsboro

Montgomery County

All Fish

●

2 Pole and Line Fishing Only (1) (5)

Channel Catfish

●

6 Fish Daily Harvest Limit

Large or Smallmouth Bass

●

15" Minimum Length Limit

●

3 Fish Daily Harvest Limit

Striped, White, or Hybrid Striped Bass

●

17" Minimum Length Limit

●

3 Fish Daily Harvest Limit

Gompers Park Lagoon, Chicago Park District

Cook County

All Fish

●

2 Pole and Line Fishing Only (1)

Channel Catfish

●

4 Fish Daily Harvest Limit

Gordon F. Moore Park Lake, City of Alton

Madison County

All Fish

●

2 Pole and Line Fishing Only (1)

Bluegill or Redear Sunfish

●

25 Fish Daily Harvest Limit

Channel Catfish

●

6 Fish Daily Harvest Limit

Large or Smallmouth Bass

●

15" Minimum Length Limit

●

3 Fish Daily Harvest Limit

Governor Bond Lake, City of Greenville

Bond County

All Fish

●

All jugs must be attended at all times (3)

Large or Smallmouth Bass

●

15" Minimum Length Limit

●

3 Fish Daily Harvest Limit

Striped, White, or Hybrid Striped Bass

●

17" Minimum Length Limit

●

3 Fish Daily Harvest Limit

White, Black, or Hybrid Crappie

●

25 Fish Daily Harvest Limit

Grayslake Park District (Grayslake and Park Ponds), City of Grayslake

Lake County

All Fish

●

2 Pole and Line Fishing Only (1)

Channel Catfish

●

6 Fish Daily Harvest Limit

Large or Smallmouth Bass

●

15" Minimum Length Limit

●

3 Fish Daily Harvest Limit

Green Lake, Cook County Forest Preserve District

Cook County

All Fish

●

2 Pole and Line Fishing Only (1)(2)

Trout

●

Fall Closed Season (7)

●

Spring Closed Season (8)

Greenfield City Lake, City of Greenfield

Greene County

All Fish

●

2 Pole and Line Fishing Only (1)

Bluegill or Redear Sunfish

●

25 Fish Daily Harvest Limit

Channel Catfish

●

6 Fish Daily Harvest Limit

Large or Smallmouth Bass

●

6 Fish Daily Harvest Limit with no more than 1 Fish ≥ to 15" and 5 Fish < 12"

Hanover Lake – Apple River Canyon State Park, State of Illinois

Jo Daviess County

All Fish

●

2 Pole and Line Fishing Only (1)

Bluegill or Redear Sunfish

●

25 Fish Daily Harvest Limit

Channel Catfish

●

6 Fish Daily Harvest Limit

Large or Smallmouth Bass

●

14" Minimum Length Limit

●

1 Fish Daily Harvest Limit

Harrisburg New City Reservoir, City of Harrisburg

Saline County

All Fish

●

2 Pole and Line Fishing Only (1)

Channel Catfish

●

6 Fish Daily Harvest Limit

Striped, White, or Hybrid Striped Bass

●

17" Minimum Length Limit

●

3 Fish Daily Harvest Limit

Heidecke Lake, Heidecke Lake State Fish and Wildlife Area

Grundy County

All Fish

●

2 Pole and Line Fishing Only (1)

●

All live bait > 8" must be rigged with a quick set rig (4)

Channel Catfish

●

6 Fish Daily Harvest Limit

Large or Smallmouth Bass

●

15" Minimum Length Limit

●

3 Fish Daily Harvest Limit

Pure Muskellunge

●

48" Minimum Length Limit

Striped, White, or Hybrid Striped Bass

●

10 Fish Daily Harvest Limit with no more than 3 Fish ≥ 17"

Walleye, Sauger, or Hybrid Walleye

●

16" Minimum Length Limit

●

3 Fish Daily Harvest Limit

White, Black, or Hybrid Crappie

●

15 Fish Daily Harvest Limit

Hennepin Canal – Mainline & Feeder, Hennepin Canal Parkway State Park

Multiple Counties

All Fish

●

2 Pole and Line Fishing Only (1)

●

Jug fishing is permitted from sunset to sunrise and carp and buffalo may be taken by bow and arrow devices from May 1 through September 30. All jugs must have owner’s/user’s name and complete address affixed.

Large or Smallmouth Bass

●

14" Minimum Length Limit

Trout

●

Fall Closed Season (7)

●

Spring Closed Season (8)

Hennepin-Hopper Lakes, The Wetlands Initiative

Putnam County

All Fish

●

2 Pole and Line Fishing Only (1)

●

All live bait ≥ 8" must be rigged with a quick set rig (4)

Channel Catfish

●

6 Fish Daily Harvest Limit

Large or Smallmouth Bass

●

15" Minimum Length Limit

●

3 Fish Daily Harvest Limit

Pure Muskellunge

●

42" Minimum Length Limit

Walleye, Sauger, or Hybrid Walleye

●

18" Minimum Length Limit

●

3 Fish Daily Harvest Limit

White, Black, or Hybrid Crappie

●

9" Minimum Length Limit

●

25 Fish Daily Harvest Limit

Heritage Quarries (Great Lakes Quarry and Consumers Quarry), City of Lemont

Cook County

Bluegill or Redear Sunfish

●

15 Fish Daily Harvest Limit

Large or Smallmouth Bass

●

14" Minimum Length Limit

●

3 Fish Daily Harvest Limit

White, Black, or Hybrid Crappie

●

15 Fish Daily Harvest Limit

Herrin Lake #1, City of Herrin

Williamson County

All Fish

●

2 Pole and Line Fishing Only (1)

Channel Catfish

●

6 Fish Daily Harvest Limit

Large or Smallmouth Bass

●

15" Minimum Length Limit

●

3 Fish Daily Harvest Limit

Herschel Lake (formerly Tilton City Lake), Village of Tilton

Vermilion County

All Fish

●

2 Pole and Line Fishing Only (1)

Bluegill or Redear Sunfish

●

15 Fish Daily Harvest Limit

Channel Catfish

●

3 Fish Daily Harvest Limit

Large or Smallmouth Bass

●

15" Minimum Length Limit

1 Fish Daily Harvest Limit

Heyworth Centennial Lake, Village of Heyworth

McLean County

All Fish

●

2 Pole and Line Fishing Only (1)

Channel Catfish

●

3 Fish Daily Harvest Limit

Large or Smallmouth Bass

●

16" Minimum Length Limit

●

1 Fish Daily Harvest Limit

Hidden Springs State Forest Ponds, Hidden Springs State Forest

Shelby County

All Fish

●

2 Pole and Line Fishing Only (1)

Bluegill or Redear Sunfish

●

10 Fish Daily Harvest Limit

Channel Catfish

●

6 Fish Daily Harvest Limit

Large or Smallmouth Bass

●

18" Minimum Length Limit

●

1 Fish Daily Harvest Limit

Hieland Lakes, Kankakee River Valley Forest Preserve District

Kankakee County

All Fish

●

2 Pole and Line Fishing Only (1)

Bluegill or Redear Sunfish

●

15 Fish Daily Harvest Limit

Channel Catfish

●

3 Fish Daily Harvest Limit

Large or Smallmouth Bass

●

Protected Slot Length Limit with no possession of Fish ≥ 12" and < 15"

●

6 Fish Daily Harvest Limit with no more than 1 Fish ≥ 15"

Highland Old City Lake, City of Highland

Madison County

All Fish

●

2 Pole and Line Fishing Only (1)

Channel Catfish

●

6 Fish Daily Harvest Limit

Large or Smallmouth Bass

●

15" Minimum Length Limit

●

3 Fish Daily Harvest Limit

Trout

●

Fall Closed Season (7)

Hillsboro Old City Lake, City of Hillsboro

Montgomery County

All Fish

●

2 Pole and Line Fishing Only (1)

Channel Catfish

●

6 Fish Daily Harvest Limit

Large or Smallmouth Bass

●

Protected Slot Length Limit with no possession of Fish ≥ 12" and < 15"

●

3 Fish Daily Harvest Limit

Homer Guthrie Pond/ Illini Pond – Eldon Hazlet State Park

Clinton County

All Fish

●

2 Pole and Line Fishing Only (1)

Bluegill or Redear Sunfish

●

10 Fish Daily Harvest Limit

Channel Catfish

●

6 Fish Daily Harvest Limit

Large or Smallmouth Bass

●

18" Minimum Length Limit

●

1 Fish Daily Harvest Limit

Homer Lake, Champaign County Forest Preserve District

Champaign County

All Fish

●

2 Pole and Line Fishing Only (1)

Channel Catfish

●

6 Fish Daily Harvest Limit

Large or Smallmouth Bass

●

14" Minimum Length Limit

Hormel Pond, Donnelley/DePue State Fish and Wildlife Area

Bureau County

All Fish

●

2 Pole and Line Fishing Only (1) (5)

Channel Catfish

●

6 Fish Daily Harvest Limit

Large or Smallmouth Bass

●

14" Minimum Length Limit

Horseshoe Lake − Alexander Co., Horseshoe Lake State Fish and Wildlife Area

Alexander County

All Fish

●

2 Pole and Line Fishing Only (1) (5)

Horseshoe Lake − Madison County, Horseshoe Lake State Park

Madison County

All Fish

●

2 Pole and Line Fishing Only (1) (5)

●

Trotlines must be set within 300 feet from shore

Large or Smallmouth Bass

●

15" Minimum Length Limit

●

3 Fish Daily Harvest Limit

White, Black, or Hybrid Crappie

●

25 Fish Daily Harvest Limit

Horsetail Lake, Cook County Forest Preserve District

Cook County

All Fish

●

2 Pole and Line Fishing Only (1) (2)

Bluegill, Redear, or Pumpkinseed Sunfish

●

15 Fish Daily Harvest Limit

Large or Smallmouth Bass

●

14" Minimum Length Limit

Trout

●

Fall Closed Season (7)

●

Spring Closed Season (8)

White, Black, or Hybrid Crappie

●

15 Fish Daily Harvest Limit

Horton Lake, Nauvoo State Park

Hancock County

All Fish

●

2 Pole and Line Fishing Only (1)

Channel Catfish

●

6 Fish Daily Harvest Limit

Large or Smallmouth Bass

●

18" Minimum Length Limit

●

1 Fish Daily Harvest Limit

Trout

●

Fall Closed Season (7)

●

Early Season Catch and Release Fishing Permitted (9)

●

Spring Closed Season (8)

●

Early Season Catch and Release Fishing Permitted (9)

Humbolt Park Lagoon, Chicago Park District

Cook County

All Fish

●

2 Pole and Line Fishing Only (1)

Channel Catfish

●

4 Fish Daily Harvest Limit

Hurricane Pond, Fox Ridge State Park

Coles County

All Fish

●

2 Pole and Line Fishing Only (1)

Bluegill or Redear Sunfish

●

5 Fish Daily Harvest Limit

Channel Catfish

●

6 Fish Daily Harvest Limit

Large or Smallmouth Bass

●

18" Minimum Length Limit

●

1 Fish Daily Harvest Limit

Illinois & Michigan Canal, State of Illinois

Grundy/LaSalle/ Will Counties

All Fish

●

2 Pole and Line Fishing Only (1)

Channel Catfish

●

6 Fish Daily Harvest Limit

Large or Smallmouth Bass

●

15" Minimum Length Limit

Trout

●

Spring Closed Season (8)

●

Fall Closed Season (7)

Illinois Beach State Park Ponds (except Sand Pond, see individual listing), Adeline Jay Geo-Karis Illinois Beach State Park

Lake County

All Fish

●

2 Pole and Line Fishing Only (1)

Channel Catfish

●

6 Fish Daily Harvest Limit

Illinois Department of Transportation Lake, State of Illinois

Sangamon County

All Fish

●

2 Pole and Line Fishing Only (1)

Channel Catfish

●

6 Fish Daily Harvest Limit

Large or Smallmouth Bass

●

15" Minimum Length Limit

Trout

●

Fall Closed Season (7)

●

Early Season Catch and Release Fishing is permitted (9)

●

Spring Closed Season (8)

●

Early Season Catch and Release Fishing is permitted (9)

Illinois River − Starved Rock Pool

LaSalle and Grundy Counties

Large or Smallmouth Bass

●

18" Minimum Length Limit

●

1 Fish Daily Harvest Limit

White, Black, or Hybrid Crappie

●

10 Fish Daily Harvest Limit

Illinois River – State of Illinois

Multiple Counties

Large or Smallmouth Bass

●

12" Minimum Length Limit

Indian Boundary South Pond, Frankfort Square Park District

Will County

All Fish

●

2 Pole and Line Fishing Only (1)

Channel Catfish

●

6 Fish Daily Harvest Limit

Iroquois & Kankakee Rivers and their Tributaries, State of Illinois

Multiple Counties

Walleye, Sauger, and Hybrid Walleye

●

3 Fish Daily Harvest Limit with no more than 1 Fish > 18"

Island Pond, Boone County Conservation District

Boone County

All Fish

●

2 Pole and Line Fishing Only (1)

Channel Catfish

●

6 Fish Daily Harvest Limit

Large or Smallmouth Bass

●

14" Minimum Length Limit

●

1 Fish Daily Harvest Limit

Jackson Park (Columbia Basin) Lagoon, Chicago Park District

Cook County

All Fish

●

2 Pole and Line Fishing Only (1)

Channel Catfish

●

4 Fish Daily Harvest Limit

Jericho Lake, Fox Valley Park District

Kane County

All Fish

●

2 Pole and Line Fishing Only (1)

Channel Catfish

●

3 Fish Daily Harvest Limit

Large or Smallmouth Bass

●

15" Minimum Length Limit

●

1 Fish Daily Harvest Limit

White, Black, or Hybrid Crappie

●

9" Minimum Length Limit

●

15 Fish Daily Harvest Limit

Jim Edgar/Panther Creek State Fish and Wildlife Area, All Lakes and Ponds (except Drake Lake and Gridley Road Lake, see individual listings), Jim Edgar/Panther Creek Fish and Wildlife Area

Cass County

All Fish

●

2 Pole and Line Fishing Only (1)

●

All live bait > 8" must be rigged with a quick set rig (4)

Channel Catfish

●

6 Fish Daily Harvest Limit

Large or Smallmouth Bass

●

6 Fish Daily Harvest Limit with no more than 1 Fish ≥ 18" and 5 Fish < 14"

Pure Muskellunge

●

48" Minimum Length Limit

Jim Edgar/Panther Creek State Fish and Wildlife Area − Drake Lake, Jim Edgar/Panther Creek Fish and Wildlife Area

Cass County

All Fish

●

2 Pole and Line Fishing Only (1)

Bluegill or Redear Sunfish

●

10 Fish Daily Harvest Limit

Channel Catfish

●

6 Fish Daily Harvest Limit

Large or Smallmouth Bass

●

6 Fish Daily Harvest Limit with no more than 1 Fish ≥ 18" and 5 Fish < 14"

Jim Edgar/Panther Creek State Fish and Wildlife Area – Gridley Road Lake, Jim Edgar/Panther Creek Fish and Wildlife Area

Cass County

All Fish

●

2 Pole and Line Fishing Only (1)

Channel Catfish

●

6 Fish Daily Harvest Limit

Large or Smallmouth Bass

●

6 Fish Daily Harvest Limit with no more than 1 Fish ≥ 18" and 5 Fish < 14"

Trout

●

Spring Closed Season (8)

●

Early Season Catch and Release Fishing Permitted (9)

●

Fall Closed Season (7)

●

Early Season Catch and Release Fishing Permitted (9)

Johnson-Sauk Trail Lake & Pond, Johnson-Sauk Trail State Recreation Area

Henry County

All Fish

●

2 Pole and Line Fishing Only (1)

●

All live bait > 8" must be rigged with a quick set rig (4)

Channel Catfish

●

6 Fish Daily Harvest Limit

Large or Smallmouth Bass

●

14" Minimum Length Limit

Jones Park Lake, City of East St. Louis

St. Clair County

All Fish

●

2 Pole and Line Fishing Only (1)

Channel Catfish

●

6 Fish Daily Harvest Limit

Trout

●

Fall Closed Season (7)

●

Spring Closed Season (8)

Jubilee College State Park Pond, Jubilee College State Park

Peoria County

All Fish

●

2 Pole and Line Fishing Only (1)

Channel Catfish

●

6 Fish Daily Harvest Limit

Large or Smallmouth Bass

●

15" Minimum Length Limit

●

1 Fish Daily Harvest Limit

Kane County Forest Preserve District Lakes and Ponds, Kane County Forest Preserve District

Kane County

Bluegill

●

10 Fish Daily Harvest Limit

Channel Catfish

●

3 Fish Daily Harvest Limit

Largemouth Bass

●

4 Fish Daily Harvest Limit with no more than 1 fish > 18" and 3 fish < 14"

Northern Pike

●

1 Fish Daily Harvest Limit

Smallmouth Bass

●

Catch and Release Fishing Only (9)

White, Black, or Hybrid Crappie

●

10 Fish Daily Harvest Limit

Kankakee-Iroquois Rivers and their Tributaries, State of Illinois

Multiple Counties

Walleye, Sauger, and Hybrid Walleye

●

3 Fish Daily Harvest Limit with no more than 1 Fish ≥ 18"

Kankakee River, (from the Kankakee Dam to the Wilmington Dam on the Kankakee River, including tributaries), State of Illinois

Multiple Counties

Smallmouth Bass

●

3 Fish Daily Harvest Limit with no more than 1 Fish ≥ 18" and 2 Fish < 12

Kent Creek, State of Illinois

Winnebago County

Trout

●

Catch and Release Fishing Only (9)

Kickapoo State Park Lakes & Ponds (except Clear Lake, see individual listing), Kickapoo State Recreation Area

Vermilion County

All Fish

●

2 Pole and Line Fishing Only (1)

Bluegill or Redear Sunfish

●

10 Fish Daily Harvest Limit

Channel Catfish

●

6 Fish Daily Harvest Limit

Large or Smallmouth Bass

●

3 Fish Daily Harvest Limit with no more than 1 Fish ≥ 15" and 2 Fish < 15"

Kincaid City Lake, City of Kincaid

Christian County

All Fish

●

2 Pole and Line Fishing Only (1) (5)

Channel Catfish

●

6 Fish Daily Harvest Limit

Large or Smallmouth Bass

●

15" Minimum Length Limit

King Park Lagoon, City of Pittsfield

Pike County

All Fish

●

2 Pole and Line Fishing Only (1)

Channel Catfish

●

6 Fish Daily Harvest Limit

Trout

●

Spring Closed Season (8)

Kinkaid Lake, Kinkaid Lake State Fish and Wildlife Area

Jackson County

All Fish

●

All live bait > 8" must be rigged with a quick set rig (4)

Large or Smallmouth Bass

●

16" Minimum Length Limit

●

3 Fish Daily Harvest Limit

Pure Muskellunge

●

48" Minimum Length Limit (10)

White, Black, or Hybrid Crappie

●

25 Fish Daily Harvest Limit with no more than 10 Fish ≥ 10"

Kinmundy City Lake, City of Kinmundy

Marion County

All Fish

●

2 Pole and Line Fishing Only (1) (5)

Channel Catfish

●

6 Fish Daily Harvest Limit

Large or Smallmouth Bass

●

15" Minimum Length Limit

Kinmundy Reservoir, City of Kinmundy

Marion County

All Fish

●

2 Pole and Line Fishing Only (1) (5)

Channel Catfish

●

6 Fish Daily Harvest Limit

Largemouth Bass

●

15" Minimum Length Limit

Kishwaukee River and South Branch of Kishwaukee River and Tributaries, State of Illinois

Multiple Counties

Smallmouth Bass

●

14" Minimum Length Limit

Lake Atwood, McHenry County Conservation District

McHenry County

All Fish

●

2 Pole and Line Fishing Only (1)

Channel Catfish

●

6 Fish Daily Harvest Limit

Large or Smallmouth Bass

●

15" Minimum Length Limit

●

1 Fish Daily Harvest Limit

Trout

●

Spring Closed Season (8)

Lake Bloomington, City of Bloomington

McLean County

All Fish

●

2 Pole and Line Fishing Only (1)

Bluegill or Redear Sunfish

●

25 Fish Daily Harvest Limit

Large or Smallmouth Bass

●

15" Minimum Length Limit

●

3 Fish Daily Harvest Limit

Striped, White, or Hybrid Striped Bass

●

10 Fish Daily Harvest Limit with no more than 3 Fish ≥ 17"

Walleye

●

18" Minimum Length Limit

●

3 Fish Daily Harvest Limit

White, Black, or Hybrid Crappie

●

15 Fish Daily Harvest Limit with no more than 5 Fish ≥ 10"

Lake Carlton, Morrison-Rockwood State Park

Whiteside County

All Fish

●

2 Pole and Line Fishing Only (1)

●

All live bait > 8" must be rigged with a quick set rig (4)

Channel Catfish

●

6 Fish Daily Harvest Limit

Large or Smallmouth Bass

●

14" Minimum Length Limit

●

1 Fish Daily Harvest Limit

White, Black, or Hybrid Crappie

●

25 Fish Daily Harvest Limit

Lake Carlton Silt Basin, State of Illinois

Whiteside County

All Fish

●

2 Pole and Line Fishing Only (1)

Bluegill or Redear Sunfish

●

8" Minimum Length Limit

●

10 Fish Daily Harvest Limit

Large or Smallmouth Bass

●

Catch and Release Fishing Only (9)

Lake Chaminwood, Will County Forest Preserve District

Will County

All Fish

●

2 Pole and Line Fishing Only (1)

Bluegill or Redear Sunfish

●

15 Fish Daily Harvest Limit

Channel Catfish

●

3 Fish Daily Harvest Limit

Large or Smallmouth Bass

●

18" Minimum Length Limit

●

1 Fish Daily Harvest Limit

White, Black, or Hybrid Crappie

●

15 Fish Daily Harvest Limit

Lake County Forest Preserve District Lakes (excluding Independence Grove Lake, Nippersink Lake, and Sterling Lake, see individual listing for Sterling Lake), Lake County Forest Preserve District

Lake County

All Fish

●

2 Pole and Line Fishing Only (1)

Channel Catfish

●

3 Fish Daily Harvest Limit

Large Smallmouth Bass

●

15" Minimum Length Limit

●

1 Fish Daily Harvest Limit

Walleye, Sauger, or Hybrid Walleye

●

16" Minimum Length Limit

Lake Decatur (including all boundaries within the City of Decatur, from the dam to the Sangamon River at Macon County Highway 25 (North Oakley Road) and the area west of Baltimore Ave., does not include the tailwater), City of Decatur

Macon County

All Fish

●

2 Pole and Line Fishing Only (1) (2)

●

Bullfrogs may not be taken by spear

●

Carp, buffalo, suckers and carpsuckers may be taken by means of pitchfork and gigs (no bow and arrow devices)

Large or Smallmouth Bass

●

14" Minimum Length Limit

White, Black, or Hybrid Crappie

●

10" Minimum Length Limit

●

10 Fish Daily Harvest Limit

Lake Eureka, City of Eureka

Woodford County

All Fish

●

2 Pole and Line Fishing Only (1)

Bluegill or Redear Sunfish

●

25 Fish Daily Harvest Limit

Channel Catfish

●

6 Fish Daily Harvest Limit

Large or Smallmouth Bass

●

18" Minimum Length Limit

●

1 Fish Daily Harvest Limit

White, Black, or Hybrid Crappie

●

25 Fish Daily Harvest Limit

Lake George, Loud Thunder Forest Preserve

Rock Island County

All Fish

●

2 Pole and Line Fishing Only (1)

●

All live bait > 8" must be rigged with a quick set rig (4)

Channel Catfish

●

6 Fish Daily Harvest Limit

Large or Smallmouth Bass

●

14" Minimum Length Limit

Striped, White, or Hybrid Striped Bass

●

17" Minimum Length Limit

●

1 Fish Daily Harvest Limit

White, Black, or Hybrid Crappie

●

25 Fish Daily Harvest Limit

Lake Jacksonville, City of Jacksonville

Morgan County

All Fish

●

2 Pole and Line Fishing Only (1)

●

Carp, buffalo, suckers and carpsuckers may be taken by means of pitchfork and gigs (no bow and arrow devices)

Channel Catfish

●

6 Fish Daily Harvest Limit

Large or Smallmouth Bass

●

Protected Slot Length Limit with no possession of Fish ≥ 14" and < 18"

●

3 Fish Daily Harvest Limit

Striped, White, or Hybrid Striped Bass

●

17" Minimum Length Limit

●

3 Fish Daily Harvest Limit

White, Black, or Hybrid Crappie

●

25 Fish Daily Harvest Limit with no more than 10 Fish ≥ 10"

Lake Ka-Ho (Lakes 1, 2 and 3), Village of Lake Ka-Ho

Macoupin County

All Fish

●

2 Pole and Line Fishing Only (1)

Bluegill or Redear Sunfish

●

10 Fish Daily Harvest Limit

Channel Catfish

●

6 Fish Daily Harvest Limit

Largemouth Bass

●

15" Minimum Length Limit

●

3 Fish Daily Harvest Limit

Lake Kakusha, City of Mendota

LaSalle County

All Fish

●

2 Pole and Line Fishing Only (1)

Channel Catfish

●

6 Fish Daily Harvest Limit

Large or Smallmouth Bass

●

14" Minimum Length Limit

●

3 Fish Daily Harvest Limit

White, Black, or Hybrid Crappie

●

25 Fish Daily Harvest Limit

Lake Le-Aqua-Na Kids Only Fishing Pond, Lake Le-Aqua-Na State Recreation Area

Stephenson County

Recreational Use Restrictions

●

Only youth under 16 years of age permitted to fish

All Fish

●

2 Pole and Line Fishing Only (1)

Bluegill, Redear, or Hybrid Sunfish

●

5 Fish Daily Harvest Limit

Channel Catfish

●

1 Fish daily Harvest Limit

Lake Le-Aqua-Na, Lake Le-Aqua-Na State Recreation Area

Stephenson County

All Fish

●

2 Pole and Line Fishing Only (1)

Channel Catfish

●

6 Fish Daily Harvest Limit

Large or Smallmouth Bass

●

14" Minimum Length Limit

●

1 Fish Daily Harvest Limit

White, Black, or Hybrid Crappie

●

10 Fish Daily Harvest Limit

Lake Loami, City of Loami

Sangamon County

All Fish

●

2 Pole and Line Fishing Only (1)

Channel Catfish

●

6 Fish Daily Harvest Limit

Large or Smallmouth Bass

●

15" Minimum Length Limit

Lake Lou Yaeger, City of Litchfield

Montgomery County

All Fish

●

2 Pole and Line Fishing Only (1)

Channel Catfish

●

6 Fish Daily Harvest Limit

Large or Smallmouth Bass

●

15" Minimum Length Limit

●

3 Fish Daily Harvest Limit

Lake Mattoon, City of Mattoon

Coles/Cumberland/Shelby Counties

All Fish

●

2 Pole and Line Fishing only (1)

Channel Catfish

●

6 Fish Daily Harvest Limit

Large or Smallmouth Bass

●

14" Minimum Length Limit

White, Black or Hybrid Crappie

●

25 Fish Daily Harvest Limit with no more than 10 Fish ≥ 10"

Lake Mendota, City of Mendota

LaSalle County

All Fish

●

2 Pole and Line Fishing Only (1)

Channel Catfish

●

6 Fish Daily Harvest Limit

Large or Smallmouth Bass

●

3 Fish Daily Harvest Limit with no more than 1 Fish ≥ 15" and 2 < 12"

Trout

●

Spring Closed Season (8)

Lake Michigan (Illinois Portion), State of Illinois

Lake/Cook Counties

Recreational Use Restriction

●

All devices used for sport fishing on Lake Michigan must be attended at all times

Lake Trout

●

2 Fish Daily Harvest Limit

Lake Whitefish or Round Whitefish

●

12 Fish Daily Harvest Limit

Large or Smallmouth Bass

●

21" Minimum Length Limit

●

1 Fish Daily Harvest Limit

Trout and Salmon

●

10" Minimum Length Limit

●

5 Fish Daily Harvest Limit, except for Lake Trout

Yellow Perch

●

15 Fish Daily Harvest Limit (6)

●

Closed May 1 through June 15

Lake Milliken, Des Plaines State Fish and Wildlife Area

Will County

All Fish

●

2 Pole and Line Fishing Only (1)

Channel Catfish

●

6 Fish Daily Harvest Limit

Large or Smallmouth Bass

●

15" Minimum Length Limit

Trout

●

Spring Closed Season (8)

Lake Mingo & Kennekuk Cove Park Ponds, Vermilion County Conservation District

Vermilion County

All Fish

●

2 Pole and Line Fishing Only (1)

●

Sport fishermen may take carp from boat by bow and arrow and bow and arrow devices, but not within 150 feet of any developed recreation areas

Bluegill or Redear Sunfish

●

20 Fish Daily Harvest Limit with no more than 5 Fish > 8"

Channel Catfish

●

6 Fish Daily Harvest Limit

Large or Smallmouth Bass

●

3 Fish Daily Harvest Limit with no more than 1 Fish ≥ 15" and 2 Fish < 15"

White, Black, or Hybrid Crappie

●

9" Minimum Length Limit

●

15 Fish Daily Harvest Limit

Lake Murphysboro, Lake Murphysboro State Park

Jackson County

All Fish

●

2 Pole and Line Fishing Only (1)

Channel Catfish

●

6 Fish Daily Harvest Limit

Large or Smallmouth Bass

●

3 Fish Daily Harvest Limit

Lake Nellie, City of St. Elmo

Fayette County

All Fish

●

2 Pole and Line Fishing Only (1) (5)

Channel Catfish

●

6 Fish Daily Harvest Limit

Large or Smallmouth Bass

●

14" Minimum Length Limit

●

3 Fish Daily Harvest Limit

Lake of the Woods & Elk's Pond, Champaign County Forest Preserve District

Champaign County

All Fish

●

2 Pole and Line Fishing Only (1)

●

All live bait > 8" must be rigged with a quick set rig (4)

Bluegill or Redear Sunfish

●

No Daily Harvest Limit for Fish ˂ 7" and 5 Fish Daily Harvest Limit for Fish ≥ 7"

Channel Catfish

●

6 Fish Daily Harvest Limit

Large or Smallmouth Bass

●

15" Minimum Length Limit

●

1 Fish Daily Harvest Limit

Trout

●

Spring Closed Season (8)

Lake Owen, Hazel Crest Park District

Cook County

All Fish

●

2 Pole and Line Fishing Only (1)

Channel Catfish

●

6 Fish Daily Harvest Limit

Lake Paradise, City of Mattoon

Coles County

All Fish

●

2 Pole and Line Fishing Only (1)

Bluegill or Redear Sunfish

●

20 Fish Daily Harvest Limit with no more than 3 Fish ≥ 8"

Channel Catfish

●

6 Fish Daily Harvest Limit

Large or Smallmouth Bass

●

14" Minimum Length Limit

Lake Sara, City of Effingham

Effingham County

All Fish

●

2 Pole and Line Fishing Only (1) (5)

Large or Smallmouth Bass

●

Protected Slot Length Limit with no possession of Fish ≥ 15" and <18"

White, Black, or Hybrid Crappie

●

25 Fish Daily Harvest Limit

Lake Shelbyville (including its tributary streams and those portions of the West Okaw and Kaskaskia Rivers to the extent of the Lake Shelbyville Project boundaries – including parts of the Lake Shelbyville State Fish and Wildlife Area, except Project Ponds, see individual listing), U.S. Army Corps of Engineers

Moultrie/Shelby Counties

All Fish

●

All live bait > 8" must be rigged with a quick set rig (4)

Large or Smallmouth Bass

●

14" Minimum Length Limit

Pure Muskellunge

●

48" Minimum Length Limit (10)

Striped Bass

●

32" Minimum Length Limit

●

2 Fish Daily Harvest Limit

White, Black, or Hybrid Crappie

●

15 Fish Daily Harvest Limit with no more than 10 Fish ≥ 10" and 5 Fish < 10"

Lake Shelbyville – U.S. Army Corps of Engineers Project Ponds (except Woods Lake, see individual listing), and Lake Shelbyville State Fish and Wildlife Area Ponds

Moultrie/Shelby Counties

All Fish

●

2 Pole and Line Fishing Only (1)

Channel Catfish

●

6 Fish Daily Harvest Limit

Large or Smallmouth Bass

●

14" Minimum Length Limit

White, Black, or Hybrid Crappie

●

15 Fish Daily Harvest Limit with no more than 10 Fish ≥ 10" and 5 Fish < 10"

Lake Shermerville, Northbrook Park District

Cook County

All Fish

●

2 Pole and Line Fishing Only (1)

Bluegill or Redear Sunfish

●

15 Fish Daily Harvest Limit

Channel Catfish

●

3 Fish Daily Harvest Limit

Large or Smallmouth Bass

●

15" Minimum Length Limit

●

1 Fish Daily Harvest Limit

White, Black, or Hybrid Crappie

●

15 Fish Daily Harvest Limit

Lake Springfield, City of Springfield

Sangamon County

All Fish

●

2 Pole and Line Fishing Only (1) (5)

Large or Smallmouth Bass

●

15" Minimum Length Limit

White, Black, or Hybrid Crappie

●

10" Minimum Length Limit

●

10 Fish Daily Harvest Limit

Lake Storey, City of Galesburg

Knox County

All Fish

●

2 Pole and Line Fishing Only (1) (5)

●

All live bait > 8" must be rigged with a quick set rig (4)

Blue or Channel Catfish

●

6 Fish Daily Harvest Limit

Bluegill, or Redear Sunfish

●

25 Fish Daily Harvest Limit

Large or Smallmouth Bass

●

Protected Slot Length Limit with no possession of Fish ≥ 12" and <18"

●

3 Fish Daily Harvest Limit

Pure Muskellunge

●

42" Minimum Length Limit

Walleye, Sauger, or Hybrid Walleye

●

3 Fish Daily Harvest Limit

Lake Strini, Village of Romeoville

Will County

All Fish

●

2 Pole and Line Fishing Only (1)

Channel Catfish

●

6 Fish Daily Harvest Limit

Trout

●

Fall Closed Season (7)

Lake Sule, Flagg-Rochelle Park District

Ogle County

All Fish

●

2 Pole and Line Fishing Only (1)

●

All live bait > 8" must be rigged with a quick set rig (4)

Bluegill or Redear Sunfish

●

5 Fish Daily Harvest Limit

Channel Catfish

●

6 Fish Daily Harvest Limit

Large or Smallmouth Bass

●

14" Minimum Length Limit

●

1 Fish Daily Harvest Limit

White, Black, or Hybrid Crappie

●

10 Fish Daily Harvest Limit

Lake Taylorville, City of Taylorville

Christian County

Large or Smallmouth Bass

●

15" Minimum Length Limit

White, Black, or Hybrid Crappie

●

25 Fish Daily Harvest Limit with no more than 10 Fish ≥ 10"

Lake Vermilion, Vermilion County Conservation District

Vermilion County

All Fish

●

2 Pole and Line Fishing Only (1)

●

Sport fishermen may take carp, carpsuckers, buffalo, gar, Bowfin, and suckers by pitchfork, gigs, bow and arrow or bow and arrow devices north of Boiling Springs Road, but not within 300 feet around the wetland boardwalk.

●

Trotline and jug fishing allowed north of Boiling Springs Road

Large or Smallmouth Bass

●

15" Minimum Length Limit

White, Black, or Hybrid Crappie

●

9" Minimum Length

●

15 Fish Daily Harvest Limit

Lake Victoria, City of South Beloit

Winnebago County

All Fish

●

2 Pole and Line Fishing Only (1)

Channel Catfish

●

6 Fish Daily Harvest Limit

Large or Smallmouth Bass

●

14" Minimum Length Limit

●

1 Fish Daily Harvest Limit

Lake Williamsville, Village of Williamsville

Sangamon County

All Fish

●

2 Pole and Line Fishing Only (1)

Channel Catfish

●

6 Fish Daily Harvest Limit

Lakewood Park, Morton Park District

Tazewell County

All Fish

●

2 Pole and Line Fishing Only (1)

Bluegill or Redear Sunfish

●

25 Fish Daily Harvest Limit

Channel Catfish

●

3 Fish Daily Harvest Limit

Large or Smallmouth Bass

●

18" Minimum Length Limit

●

1 Fish Daily Harvest Limit

LaSalle Cooling Lake, LaSalle Lake State Fish and Wildlife Area

LaSalle County

All Fish

●

2 Pole and Line Fishing Only (1)

Large or Smallmouth Bass

●

18" Minimum Length Limit

●

1 Fish Daily Harvest Limit

Striped, White, or Hybrid Striped Bass

●

10 Fish Harvest Limit with no more than 3 Fish ≥ 17"

LaSalle Rotary Park Lake, City of LaSalle

LaSalle County

All Fish

●

2 Pole and Line Fishing Only (1)

Bluegill or Redear Sunfish

●

10 Fish Daily Harvest Limit

Channel Catfish

●

6 Fish Daily Harvest Limit

Leifheit Lake, Kendall County Forest Preserve District

Kendall County

All Fish

●

2 Pole and Line Fishing Only (1)

Bluegill or Redear Sunfish

●

10 Fish Daily Harvest Limit

Channel Catfish

●

6 Fish Daily Harvest Limit

Large or Smallmouth Bass

●

14" Minimum Length Limit

●

3 Fish Daily Harvest Limit

Levings Lake, Rockford Park District

Winnebago County

All Fish

●

2 Pole and Line Fishing Only (1)

Channel Catfish

●

6 Fish Daily Harvest Limit

Large or Smallmouth Bass

●

14" Minimum Length Limit

●

1 Fish Daily Harvest Limit

Lincoln Log Cabin Pond, Lincoln Log Cabin Historical Site

Coles County

All Fish

●

2 Pole and Line Fishing Only (1)

Channel Catfish

●

6 Fish Daily Harvest Limit

Large or Smallmouth Bass

●

15" Minimum Length Limit

●

1 Fish Daily Harvest Limit

Lincoln Park North Lagoon, Chicago Park District

Cook County

Recreational Use Restriction

●

Closed to Fishing

Lincoln Park South Lagoon, Chicago Park District

Cook County

Recreational Use Restriction

●

Closed to Fishing

Lincoln Trail Lake, Lincoln Trail State Park

Clark County

All Fish

●

2 Pole and Line Fishing Only (1)

Bluegill or Redear Sunfish

●

25 Fish Daily Harvest Limit with no more than 5 Fish ≥ 9"

Channel Catfish

●

6 Fish Daily Harvest Limit

Large or Smallmouth Bass

●

Protected Slot Length Limit with no possession of Fish > 14" and < 18"

●

4 Fish Daily Harvest Limit with no more than 1 Fish ≥ 18"

White, Black, or Hybrid Crappie

●

25 Fish Daily Harvest Limit

Lions Lake, City of Dwight

Livingston County

All Fish

●

2 Pole and Line Fishing Only (1)

Channel Catfish

●

3 Fish Daily Harvest Limit

Large or Smallmouth Bass

●

14" Minimum Length Limit

●

1 Fish Daily Harvest Limit

Litchfield City Lake, City of Litchfield

Montgomery County

Large or Smallmouth Bass

●

3 Fish Daily Harvest Limit with no more than 1 Fish ≥ 15" and 2 Fish < 15"

White, Black, or Hybrid Crappie

●

15 Fish Daily Harvest Limit

Little Casters Pond, Boone County Conservation District

Boone County

All Fish

●

2 Pole and Line Fishing Only (1)

Channel Catfish

●

6 Fish Daily Harvest Limit

Large or Smallmouth Bass

●

14" Minimum Length Limit

●

1 Fish Daily Harvest Limit

Mackinaw Ponds 1 and 2, Mackinaw River State Fish and Wildlife Area

Tazewell County

Bluegill or Redear Sunfish

●

5 Fish Daily Harvest Limit

Large or Smallmouth Bass

●

15" Minimum Length Limit

●

1 Fish Daily Harvest Limit

Macon County Conservation District Ponds (except Rock Springs Pond and Rock Springs Bike Trail Pond, see individual listings), Macon County Conservation District

Macon County

All Fish

●

2 Pole and Line Fishing Only (1)

Maple Lake, Cook County Forest Preserve District

Cook County

All Fish

●

2 Pole and Line Fishing Only (1) (2)

Bluegill, Redear, or Pumpkinseed Sunfish

●

15 Fish Daily Harvest Limit

Channel Catfish

●

6 Fish Daily Harvest Limit

Large or Smallmouth Bass

●

14" Minimum Length Limit

White, Black, or Hybrid Crappie

●

15 Fish Daily Harvest Limit

Marine Heritage Lake, Village of Marine

Madison County

All Fish

●

2 Pole and Line Fishing Only (1)

Bluegill or Redear Sunfish

●

25 Fish Daily Harvest Limit

Channel Catfish

●

6 Fish Daily Harvest Limit

Large or Smallmouth Bass

●

15" Minimum Length Limit

●

3 Fish Daily Harvest Limit

Marissa City Lake, City of Marissa

St. Clair County

All Fish

●

2 Pole and Line Fishing Only (1)

Channel Catfish

●

6 Fish Daily Harvest Limit

Marquette Park Lagoon, Chicago Park District

Cook County

All Fish

●

2 Pole and Line Fishing Only (1)

Channel Catfish

●

4 Fish Daily Harvest Limit

Marshall County State Fish and Wildlife Area (Fishing Ditch), Marshall County State Fish and Wildlife Area

Marshall County

All Fish

●

2 Pole and Line Fishing Only (1)

Large or Smallmouth Bass

●

12" Minimum Length Limit

Mascoutah Reservoir, City of Mascoutah

St. Clair County

All Fish

●

2 Pole and Line Fishing Only (1)

Channel Catfish

●

6 Fish Daily Harvest Limit

Large or Smallmouth Bass

●

15" Minimum Length Limit

●

3 Fish Daily Harvest Limit

Matthiessen Lake, Matthiessen State Park

LaSalle County

All Fish

●

2 Pole and Line Fishing Only (1)

Bluegill or Redear Sunfish

●

10 Fish Daily Harvest Limit

Channel Catfish

●

6 Fish Daily Harvest limit

Large or Smallmouth Bass

●

14" Minimum Length Limit

Mautino State Fish and Wildlife Area, State of Illinois

Bureau County

All Fish

●

2 Pole and Line Fishing Only (1)

●

Sport fishermen may harvest carp, buffalo, suckers and gar by bow and arrow or bow and arrow devices, gigs or spears from May 1 through August 31

Bluegill or Redear Sunfish

●

10 Fish Daily Harvest Limit

Channel Catfish

●

6 Fish Daily Harvest Limit

Large or Smallmouth Bass

●

14" Minimum Length Limit

●

1 Fish Daily Harvest Limit

Mauvaise Terre/Morgan Lake, City of Jacksonville

Morgan County

All Fish

·

2 Pole and Line Fishing Only (1) (5)

Large or Smallmouth Bass

●

15" Minimum Length Limit

Trout

●

Fall Closed Season (7)

●

Early Season Catch and Release Fishing Permitted (9)

●

Spring Closed Season (8)

●

Early Season Catch and Release Fishing Permitted (9)

Mazonia Lakes & Ponds (except Monster Lake and Ponderosa Lake, see individual listings), Mazonia State Fish and Wildlife Area

Grundy/Kankakee/Will Counties

All Fish

●

2 Pole and Line Fishing Only (1)

Channel Catfish

●

6 Fish Daily Harvest Limit

Large or Smallmouth Bass

●

15" Minimum Length Limit

●

3 Fish Daily Harvest Limit

White, Black, or Hybrid Crappie

●

10 Fish Daily Harvest Limit

McCullom Lake, City of McHenry

McHenry County

All Fish

●

2 Pole and Line Fishing Only (1)

Bluegill or Redear Sunfish

●

25 Fish Daily Harvest Limit

Channel Catfish

●

6 Fish Daily Harvest Limit

Large or Smallmouth Bass

●

15" Minimum Length Limit

●

1 Fish Daily Harvest Limit

McKinley Park Lagoon, Chicago Park District

Cook County

All Fish

●

2 Pole and Line Fishing Only (1)

Channel Catfish

●

4 Fish Daily Harvest Limit

McLeansboro City Lakes, City of McLeansboro

Hamilton County

All Fish

●

2 Pole and Line Fishing Only (1)

Channel Catfish

●

6 Fish Daily Harvest Limit

Large or Smallmouth Bass

●

14" Minimum Length Limit

Mechanicsburg Park Pond, City of Mechanicsburg

Sangamon County

All Fish

●

2 Pole and Line Fishing Only (1)

Channel Catfish

●

3 Fish Daily Harvest Limit

Large or Smallmouth Bass

●

15" Minimum Length Limit

●

3 Fish Daily Harvest Limit

Mermet State Lake, Mermet Lake State Fish and Wildlife Area

Massac County

All Fish

●

2 Pole and Line Fishing Only (1) (5)

Channel Catfish

●

6 Fish Daily Harvest Limit

Large or Smallmouth Bass

●

16" Minimum Length Limit

●

3 Fish Daily Harvest Limit

White, Black, or Hybrid Crappie

●

25 Fish Daily Harvest Limit

Middle Fork Forest Preserve Ponds, (Emerald Pond, Cypress Pond, and Willow Pond), Champaign County Forest Preserve District

Champaign County

All Fish

●

2 Pole and Line Fishing Only (1)

Bluegill or Redear Sunfish

●

10 Fish Daily Harvest Limit

Channel Catfish

●

3 Fish Daily Harvest Limit

Large or Smallmouth Bass

●

15" Minimum Length Limit

●

1 Fish Daily Harvest Limit

Middle Fork of the Vermilion River, Kickapoo State Recreation Area and Middle Fork Fish and Wildlife Area

Vermilion County

All Fish

●

2 Pole and Line Fishing Only (1)

Mill Creek Lake, Clark County Park District

Clark County

All Fish

●

2 Pole and Line Fishing Only (1)

●

All live bait > 8" must be rigged with a quick set rig (4)

Channel Catfish

●

6 Fish Daily Harvest Limit

Large or Smallmouth Bass

●

5 Fish Daily Harvest Limit with no more than 1 Fish ≥ 15" and 4 Fish < 15"

Pure Muskellunge

●

42" Minimum Length Limit

White, Black, or Hybrid Crappie

●

25 Fish Daily Harvest Limit with no more than 2 Fish ≥ 12"

Mill Race Ponds, Belvidere Park District

Boone County

All Fish

●

2 Pole and Line Fishing Only (1)

Channel Catfish

●

6 Fish Daily Harvest Limit

Trout

●

Spring Closed Season (8)

Miller Park Lake, Bloomington Park District

McLean County

All Fish

●

2 Pole and Line Fishing Only (1)

Channel Catfish

●

3 Fish Daily Harvest Limit

Large or Smallmouth Bass

●

15" Minimum Length Limit

●

3 Fish Daily Harvest Limit

Trout

●

Spring Closed Season (8)

Mineral Springs Park Lagoon, City of Pekin

Tazewell County

All Fish

●

2 Pole and Line Fishing Only (1)

Channel Catfish

●

6 Fish Daily Harvest Limit

Trout

●

Fall Closed Season (7)

Mississippi River (between IL & IA), State of Illinois

Multiple Counties

All Fish

●

Maximum treble hook size is 5/0; gaffs may not be used to land Paddlefish

●

Sport fishermen must not use more than 2 poles and each pole must not have more than 2 hooks or lures while trolling

Bluegill or Pumpkinseed Sunfish

●

25 Fish Daily Harvest Limit

Large or Smallmouth Bass

●

14" Minimum Length Limit

●

5 Fish Daily Harvest Limit

Northern Pike

●

5 Fish Daily Harvest Limit

Paddlefish

●

Snagging for Paddlefish is permitted from ½ hour before sunrise to ½ hour after sunset daily, March 1 through April 15 within a 500 yard downstream limit below locks and dams on the Mississippi River between Illinois and Iowa; Daily Harvest Limit is 2 fish; the maximum length limit for Paddlefish taken from the Mississippi River between Illinois and Iowa is 33" eye-to-fork length (all Paddlefish ≥ to 33" must be immediately released back to the Mississippi River); no sorting allowed; once the daily limit of Paddlefish has been reached, snagging must cease

Rock Bass

●

25 Fish Daily Harvest Limit

Striped, White, Yellow or Hybrid Striped Bass

●

Statewide regulation limiting Daily Harvest to 3 fish ≥ 17" is not in effect on the Mississippi River between Illinois and Iowa

●

25 Fish Daily Harvest Limit

Walleye

●

15" Minimum Length Limit

●

Protected Slot Length Limit with no possession of Fish ≥ 20" and < 27"

Walleye or Sauger

●

6 Fish Daily Harvest Limit with no more than 1 Fish ≥ 27" in total length

White, Black, or Hybrid Crappie

●

25 Fish Daily Harvest Limit

Yellow Perch

●

25 Fish Daily Harvest Limit

Mississippi River (between IL & MO), State of Illinois

Multiple Counties

All Nongame Species Combined (Excludes endangered and threatened species and the following game species: Crappie, Channel/Blue/ Flathead Catfish, Rock Bass,

●

100 Total Fish Daily Harvest Limit

Warmouth, White/Yellow/Striped/ Hybrid Striped Bass, Trout, Largemouth/Smallmouth/Spotted Bass, Muskellunge, Northern Pike, Chain/Grass Pickerel, Walleye, Sauger, Paddlefish)

Blue or Channel Catfish

●

20 Fish Daily Harvest Limit

Flathead Catfish

●

10 Fish Daily Harvest Limit

Largemouth, Smallmouth, or Spotted Bass

●

12" Minimum Length Limit

Northern Pike

●

1 Fish Daily Harvest Limit

Paddlefish

●

24" Eye-to-Fork Minimum Length Limit

●

Snagging for Paddlefish is permitted from September 15 through December 15 and March 15 through May 15 within a 300 yard downstream limit below locks and dams on the Mississippi River between Illinois and Missouri except for the Chain of Rocks low water dam at Chouteau Island, also known as Dam 27 at the Chain of Rocks (Madison County) where no snagging is permitted; Daily Harvest Limit is 2 fish; Paddlefish ≥ 24" in eye-to-fork length which are immediately returned to the water do not count toward the daily harvest limit; Paddlefish ≥ 24" in eye-to-fork length which are not immediately returned to the water are considered taken into possession and must be counted toward the daily harvest limit; every Paddlefish < 24" eye to fork length must be returned immediately to the water; once the daily limit of Paddlefish has been reached, snagging must cease

Striped, White, Yellow or Hybrid Striped Bass

●

Statewide regulation limiting daily harvest to 3 fish ≥ 17" is not in effect on the Mississippi River between Illinois and Missouri

●

30 Fish Daily Harvest Limit

Walleye or Sauger

●

8 Fish Daily Harvest Limit

White, Black, or Hybrid Crappie

●

30 Fish Daily Harvest Limit

Monee Reservoir, Will County Forest Preserve District

Will County

All Fish

●

2 Pole and Line Fishing Only (1)

Channel Catfish

●

6 Fish Daily Harvest Limit

Large or Smallmouth Bass

●

15" Minimum Length Limit

●

1 Fish Daily Harvest Limit

White, Black, or Hybrid Crappie

●

15 Fish Daily Harvest Limit

Monster Lake, Mazonia State Fish and Wildlife Area

Kankakee County

All Fish

●

2 Pole and Line Fishing Only (1)

Channel Catfish

●

6 Fish Daily Harvest Limit

Large or Smallmouth Bass

●

15" Minimum Length Limit

●

3 Fish Daily Harvest Limit

Walleye, Sauger, or Hybrid Walleye

●

Protected Slot Length Limit with no possession of Fish ≥ 18" and < 24"

●

4 Fish Daily Harvest Limit with no more than 1 Fish ≥ 24"

White, Black, or Hybrid Crappie

●

10 Fish Daily Harvest Limit

Montrose Lake, City of Montrose

Cumberland County

All Fish

●

2 Pole and Line Fishing Only (1)

Bluegill or Redear Sunfish

●

20 Fish Daily Harvest Limit with no more than 3 Fish ≥ 8"

Channel Catfish

●

6 Fish Daily Harvest Limit

Large or Smallmouth Bass

●

14" Minimum Length Limit

Mt. Olive City Lakes (Old and New), City of Mt. Olive

Macoupin County

All Fish

●

2 Pole and Line Fishing Only (1)

Channel Catfish

●

6 Fish Daily Harvest Limit

Large or Smallmouth Bass

●

15" Minimum Length Limit

●

3 Fish Daily Harvest Limit

Mt. Pulaski Park District Lake, Mt. Pulaski Park District

Logan County

All Fish

●

2 Pole and Line Fishing Only (1)

Channel Catfish

●

3 Fish Daily Harvest Limit

Large or Smallmouth Bass

●

18" Minimum Length Limit

●

1 Fish Daily Harvest Limit

Mt. Sterling Lake, City of Mt. Sterling

Brown County

All Fish

●

2 Pole and Line Fishing Only (1)

Channel Catfish

●

6 Fish Daily Harvest Limit

Large or Smallmouth Bass

●

Protected Slot Length Limit with no possession of Fish ≥12" and < 15"

Mt. Vernon City Park Lake, City of Mt. Vernon

Jefferson County

All Fish

●

2 Pole and Line Fishing Only (1) (5)

Channel Catfish

●

6 Fish Daily Harvest Limit

Large or Smallmouth Bass

●

15" Minimum Length Limit

●

3 Fish Daily Harvest Limit

Mt. Vernon Game Farm Pond, Mt. Vernon Game Farm

Jefferson County

All Fish

●

2 Pole and Line Fishing Only (1)

Trout

●

Fall Closed Season (7)

●

Spring Closed Season (8)

Mundelein Park District Ponds, City of Mundelein

Lake County

All Fish

●

2 Pole and Line Fishing Only (1)

Channel Catfish

●

6 Fish Daily Harvest Limit

Large or Smallmouth Bass

●

15" Minimum Length Limit

●

3 Fish Daily Harvest Limit

Nashville City Reservoir, City of Nashville

Washington County

All Fish

●

2 Pole and Line Fishing Only (1)

Channel Catfish

●

6 Fish Daily Harvest Limit

Large or Smallmouth Bass

●

18" Minimum Length Limit

●

1 Fish Daily Harvest Limit

Newton Lake, Newton Lake State Fish and Wildlife Area

Jasper County

Recreational Use Restrictions

●

Fishing tournaments prohibited from June 1 through August 31 (both dates inclusive)

All Fish

●

2 Pole and Line Fishing Only (1) (5)

Large or Smallmouth Bass

●

18" Minimum Length Limit

●

3 Fish Daily Harvest Limit

White, Black, or Hybrid Crappie

●

10" Minimum Length Limit

●

10 Fish Daily Harvest Limit

Norris City Reservoir, City of Norris City

White County

All Fish

●

2 Pole and Line Fishing Only (1)

Channel Catfish

●

6 Fish Daily Harvest Limit

Large or Smallmouth Bass

●

15" Minimum Length Limit

Oakland City Lake, City of Oakland

Coles County

All Fish

●

2 Pole and Line Fishing Only (1)

Channel Catfish

●

6 Fish Daily Harvest Limit

Large or Smallmouth Bass

●

14" Minimum Length Limit

Oblong Lake, Village of Oblong

Crawford County

All Fish

●

2 Pole and Line Fishing Only (1)

Channel Catfish

●

6 Fish Daily Harvest Limit

Large or Smallmouth Bass

●

15" Minimum Length Limit

●

3 Fish Daily Harvest Limit

Ohio River (between IL & KY), State of Illinois

Multiple Counties

Alligator Gar

●

Catch and Release Fishing Only (9)

Redear Sunfish

●

20 Fish Daily Harvest Limit

Rock Bass

●

15 Fish Daily Harvest Limit

Large or Smallmouth Bass

●

12" Minimum Length Limit

Striped, White, Yellow or Hybrid Striped Bass

●

30 Fish Daily Harvest Limit with no more than 4 Fish ≥ 15"

White, Black, or Hybrid Crappie

●

20 Fish Daily Harvest Limit

Ohio River (between IL & KY) and Wabash River (between IL and IN), State of Illinois Multiple Counties

Blue or Flathead Catfish

●

13" Minimum Length Limit

●

No Daily Harvest Limit for Fish ≥ 13" and < 35"

●

1 Fish Daily Harvest Limit for Fish ≥ 35

Channel Catfish

●

13” Minimum Length Limit

●

No Daily Harvest Limit for Fish ≥ 13" and ˂ 28"

●

1 Fish Daily Harvest Limit for Fish > 28"

Ohio River – Smithland Pool Tributary Streams (in Pope/Hardin/Gallatin Counties, excluding Wabash River and Saline River Above Route 1 Bridge), State of Illinois

Multiple Counties

Large or Smallmouth Bass

●

12" Minimum Length Limit

Olson Lake, Rock Cut State Park

Winnebago County

All Fish

●

2 Pole and Line Fishing Only (1)

Channel Catfish

●

6 Fish Daily Harvest Limit

Large or Smallmouth Bass

●

14" Minimum Length Limit

●

1 Fish Daily Harvest Limit

Omaha City Reservoir, Village of Omaha

Gallatin County

All Fish

●

2 Pole and Line Fishing Only (1)

Channel Catfish

●

6 Fish Daily Harvest Limit

Large or Smallmouth Bass

●

14" Minimum Length Limit

Omaha Township Reservoir, Omaha Township

Gallatin County

All Fish

●

2 Pole and Line Fishing Only (1)

Channel Catfish

●

6 Fish Daily Harvest Limit

Large or Smallmouth Bass

●

14" Minimum Length Limit

Opeka Lake, Des Plaines Park District

Cook County

All Fish

●

2 Pole and Line Fishing Only (1)

Bluegill, Pumpkinseed, or Hybrid Sunfish

●

15 Fish Daily Harvest Limit

Large or Smallmouth Bass

●

15" Minimum Length Limit

●

1 Fish Daily Harvest Limit

White, Black, or Hybrid Crappie

●

15 Fish Daily Harvest Limit

Otter Lake, Otter Lake Water Commission

Macoupin County

All Fish

●

2 Pole and Line Fishing Only (1) (5)

●

All live bait > 8" must be rigged with a quick set rig (4)

Channel Catfish

●

6 Fish Daily Harvest Limit

Large or Smallmouth Bass

●

15" Minimum Length Limit

●

3 Fish Daily Harvest Limit

Pure Muskellunge

●

48" Minimum Length Limit (10)

Striped, White, or Hybrid Striped Bass

●

10 Fish Daily Harvest Limit with no more than 3 Fish ≥ 17"

Palmisano Pond (Stearns Park Quarry), Chicago Park District

Cook County

All Fish

●

2 Pole and Line Fishing Only (1)

●

Catch and Release Fishing Only (9)

Palmyra – Modesto Water Commission Lake, Palmyra/Modesto Water Commission

Macoupin County

All Fish

●

2 Pole and Line Fishing Only (1)

Channel Catfish

●

6 Fish Daily Harvest Limit

Large or Smallmouth Bass

●

15" Minimum Length Limit

●

3 Fish Daily Harvest Limit

Pana Lake, City of Pana

Shelby and Christian Counties

All Fish

●

2 Pole and Line Fishing Only (1)

●

All live bait > 8" must be rigged with a quick set rig (4)

Channel Catfish

●

6 Fish Daily Harvest Limit

Large or Smallmouth Bass

●

14" Minimum Length Limit

Pure Muskellunge

●

48" Minimum Length Limit

Paris East & West Lakes, City of Paris

Edgar County

All Fish

●

2 Pole and Line Fishing Only (1) (5)

Channel Catfish

●

6 Fish Daily Harvest Limit

Large or Smallmouth Bass

●

14" Minimum Length Limit

Patriot’s Park Lake (Greenville Old City Lake), Kingsbury Park District

Bond County

All Fish

●

2 Pole and Line Fishing Only (1)

Channel Catfish

●

6 Fish Daily Harvest Limit

Large or Smallmouth Bass

●

15" Minimum Length Limit

●

3 Fish Daily Harvest Limit

Trout

●

Fall Closed Season (7)

Peabody River King, Pit #3 Lakes and Ponds, Peabody River King State Fish and Wildlife Area (except Willow Lake, see individual listing)

St Clair County

All Fish

●

2 Pole and Line Fishing Only (1) (5)

Channel Catfish

●

6 Fish Daily Harvest Limit

Large or Smallmouth Bass

●

15" Minimum Length Limit

●

3 Fish Daily Harvest Limit

White, Black, or Hybrid Crappie

●

9" Minimum Length Limit

●

25 Fish Daily Harvest Limit

Pecatonica River and Tributaries, State of Illinois

Winnebago/Stephenson Counties

Smallmouth Bass

●

14" Minimum Length Limit

Perry Farm Pond, Bourbonnais Park District

Kankakee County

All Fish

●

2 Pole and Line Fishing Only (1)

Channel Catfish

●

6 Fish Daily Harvest Limit

Pierce Lake, Rock Cut State Park

Winnebago County

All Fish

●

2 Pole and Line Fishing Only (1)

●

All live bait > 8" must be rigged with a quick set rig (4)

●

Sport fishermen may take carp, buffalo, suckers and gar by bow and arrow or bow and arrow devices, gigs or spears during May and June

Channel Catfish

●

6 Fish Daily Harvest Limit

Large or Smallmouth Bass

●

15" Minimum Length Limit

●

1 Fish Daily Harvest Limit

Pure Muskellunge

●

48" Minimum Length Limit (10)

White, Black, or Hybrid Crappie

●

25 Fish Daily Harvest Limit

Pinckneyville City Lake, City of Pinckneyville

Perry County

Large or Smallmouth Bass

●

18" Minimum Length Limit

●

1 Fish Daily Harvest Limit

Pine Creek (within the boundaries of White Pines Forest State Park), State of Illinois

Ogle County

All Fish

●

2 Pole and Line Fishing Only (1)

Smallmouth Bass

●

14" Minimum Length Limit

Trout

●

Spring Closed Season (8)

●

Early Season Catch and Release Fishing Permitted (9)

●

Fall Closed Season (7)

●

Early Season Catch and Release Fishing Permitted (9)

Pine Lake, Village of University Park

Will County

All Fish

●

2 Pole and Line Fishing Only (1)

Channel Catfish

●

6 Fish Daily Harvest Limit

Largemouth Bass

●

15" Minimum Length Limit

Piscasaw Creek

McHenry County

Smallmouth Bass

●

14" Minimum Length Limit

Trout

●

Spring Closed Season (8)

Pittsfield Lake, City of Pittsfield

Pike County

All Fish

●

2 Pole and Line Fishing Only (1) (5)

Channel Catfish

●

6 Fish Daily Harvest Limit

Large or Smallmouth Bass

●

14" Minimum Length Limit

Striped, White, or Hybrid Striped Bass

●

17" Minimum Length

●

3 Fish Daily Harvest Limit

Pittsfield Lake Ball Park Pond, City of Pittsfield

Pike County

All Fish

●

2 Pole and Line Fishing Only (1)

Bluegill or Redear Sunfish

●

10 Fish Daily Harvest Limit

Channel Catfish

●

3 Fish Daily Harvest Limit

Largemouth Bass

●

15" Minimum Length Limit

●

3 Fish Daily Harvest Limit

Pocahontas Park Ponds, City of Pocahontas

Bond County

All Fish

●

2 Pole and Line Fishing Only (1)

Channel Catfish

●

6 Fish Daily Harvest Limit

Largemouth Bass

●

15" Minimum Length Limit

●

3 Fish Daily Harvest Limit

Ponderosa Lake, Mazonia State Fish and Wildlife Area

Kankakee County

All Fish

●

2 Pole and Line Fishing Only (1)

Bluegill or Redear Sunfish

●

10 Fish Daily Harvest Limit

Channel Catfish

●

6 Fish Daily Harvest Limit

Large or Smallmouth Bass

●

15" Minimum Length Limit

●

3 Fish Daily Harvest Limit

White, Black, or Hybrid Crappie

●

10 Fish Daily Harvest Limit

Powerton Lake, Powerton Lake State Fish and Wildlife Area

Tazewell County

All Fish

●

2 Pole and Line Fishing Only (1)

Blue, Channel or Flathead Catfish

●

6 Fish Daily Harvest Limit with no more than 1 fish ≥ 35"

Large or Smallmouth Bass

●

18" Minimum Length Limit

●

1 Fish Daily Harvest Limit

Striped, White, or Hybrid Striped Bass

●

10 Fish Daily Harvest Limit with no more than 3 Fish ≥ 17"

Walleye, Sauger, or Hybrid Walleye

●

18" Minimum Length Limit

●

3 Fish Daily Harvest Limit

Prospect Park Pond, City of Moline

Rock Island County

All Fish

●

2 Pole and Line Fishing Only (1)

Trout

●

Fall Closed Season (7)

●

Spring Closed Season (8)

Pyramid State Recreation Area – Captain, Denmark, Galum and East Conant Areas – All Lakes and Ponds, Pyramid State Recreation Area

Perry County

All Fish

●

2 Pole and Line Fishing Only (1) (5)

●

All live bait > 8" must be rigged with a quick set rig (4)

Bluegill or Redear Sunfish

●

25 Fish Daily Harvest Limit

Channel Catfish

●

6 Fish Daily Harvest Limit

Pure Muskellunge

●

48" Minimum Length Limit

White, Black, or Hybrid Crappie

●

25 Fish Daily Harvest Limit

Pyramid State Recreation Area Lakes & Ponds (excluding Captain, Denmark, Galum and East Conant Areas), Pyramid State Recreation Area

Perry County

All Fish

●

2 Pole and Line Fishing Only (1) (5)

Bluegill or Redear Sunfish

●

25 Fish Daily Harvest Limit

Channel Catfish

●

6 Fish Daily Harvest Limit

White, Black, or Hybrid Crappie

●

25 Fish Daily Harvest Limit

Raccoon Lake, City of Centralia

Marion County

All Fish

●

2 Pole and Line Fishing Only (1)

Channel Catfish

●

6 Fish Daily Harvest Limit

Large or Smallmouth Bass

●

15" Minimum Length Limit

Ramsey Lake, Ramsey Lake State Recreation Area

Fayette County

All Fish

●

2 Pole and Line Fishing Only (1)

Bluegill or Redear Sunfish

●

25 Fish Daily Harvest Limit

Channel Catfish

●

6 Fish Daily Harvest Limit

Large or Smallmouth Bass

●

14" Minimum Length Limit

White, Black, or Hybrid Crappie

●

9" Minimum Length Limit

●

10 Fish Daily Harvest Limit

Ramsey Lake State Recreation Area Ponds, Ramsey Lake State Recreation Area

Fayette County

All Fish

●

2 Pole and Line Fishing Only (1)

Channel Catfish

●

6 Fish Daily Harvest Limit

Large or Smallmouth Bass

●

14" Minimum Length Limit

Randolph County Lake, Randolph County State Recreation Area

Randolph County

All Fish

●

2 Pole and Line Fishing Only (1)

Channel Catfish

●

6 Fish Daily Harvest Limit

Large or Smallmouth Bass

●

14" Minimum Length Limit

●

3 Fish Daily Harvest Limit

Trout

●

Fall Closed Season (7)

Red Hills Lake, Red Hills State Park

Lawrence County

All Fish

●

2 Pole and Line Fishing Only (1)

Channel Catfish

●

6 Fish Daily Harvest Limit

Large or Smallmouth Bass

●

15" Minimum Length Limit

Rend Lake (including its tributary streams and those portions of the Big Muddy and Casey Fork Rivers up to the Rend Lake Project boundaries, does not include tailwaters, except Rend Lake Project Ponds, see individual listing), U.S. Army Corps of Engineers

Franklin and Jefferson Counties

All Fish

●

All jugs must be attended at all times (3)

Large or Smallmouth Bass

●

14" Minimum Length Limit

Striped, White, Yellow or Hybrid Striped Bass

●

20 Fish Daily Harvest Limit with no more than 3 Fish ≥ 17"

White, Black, or Hybrid Crappie

●

25 Fish Daily Harvest Limit with no more than 10 Fish ≥ 10"

Rend Lake Project Ponds (Jackie Branch Pond, Ina N. Borrow Pit, Green Heron Pond, North Marcum Campground Pond and Catfish Cove Pond), U.S. Army Corps of Engineers

Franklin and Jefferson Counties

All Fish

●

2 Pole and Line Fishing Only (1)

Bluegill or Redear Sunfish

●

10 Fish Daily Harvest Limit

Channel Catfish

●

6 Fish Daily Harvest Limit

Large or Smallmouth Bass

●

14" Minimum Length Limit

●

1 Fish Daily Harvest Limit

Rend Lake Tailwaters (Big Muddy River within 1000 yards downstream of the Rend Lake Dam and Spillway), U.S. Army Corps of Engineers

Franklin County

All Fish

●

Sport fishermen may not use a minnow seine, cast net, or shad scoop for bait collecting

Rice Lake State Fish and Wildlife Area, State of Illinois

Fulton County

All Fish

●

Sport fishermen may harvest carp, buffalo, suckers and gar by bow and arrow or bow and arrow devices, gigs or spears from May 1 through August 31

Large or Smallmouth Bass

●

12" Minimum Length Limit

Ridge Lake, Fox Ridge State Park

Coles County

Recreational Use Restrictions

●

Bank fishing is prohibited. Boat fishing is permitted May 1 through August 31 during the hours of 2:00 p.m. to 8:00 p.m. See site for additional regulations and exact opening and closing dates.

All Fish

●

2 Pole and Line Fishing Only (1)

Channel Catfish

●

14" Minimum Length Limit

Large or Smallmouth Bass

●

14" Minimum Length Limit

Riis Park Lagoon, Chicago Park District

Cook County

All Fish

●

2 Pole and Line Fishing Only (1)

Channel Catfish

●

4 Fish Daily Harvest Limit

River Bend Forest Preserve Lakes (Sunset Lake and Shadow Lake), Champaign County Forest Preserve District

Champaign County

All Fish

●

2 Pole and Line Fishing Only (1)

Bluegill or Redear Sunfish

●

15 Fish Daily Harvest Limit

Channel Catfish

●

6 Fish Daily Harvest Limit

Large or Smallmouth Bass

●

3 Fish Daily Harvest Limit with no more than 1 Fish ≥ 15" and 2 Fish < 15"

White, Black, or Hybrid Crappie

●

9" Minimum Length Limit

●

10 Fish Daily Harvest Limit

Riverside Park Lagoon, Moline Park District

Rock Island County

All Fish

●

2 Pole and Line Fishing Only (1)

Channel Catfish

●

6 Fish Daily Harvest Limit

Rochester Park Pond, City of Rochester

Sangamon County

All Fish

●

2 Pole and Line Fishing Only (1)

Bluegill or Redear Sunfish

●

10 Fish Daily Harvest Limit

Channel Catfish

●

3 Fish Daily Harvest Limit

Large or Smallmouth Bass

●

15" Minimum Length Limit

●

3 Fish Daily Harvest Limit

Rock Creek, State of Illinois

Kankakee County

All Fish

●

2 Pole and Line Fishing Only (1)

Trout

●

Spring Closed Season (8)

●

Early Season Catch and Release Fishing Permitted (9)

●

Fall Closed Season (7)

●

Early Season Catch and Release Fishing Permitted (9)

Rock Cut Kids Fishing Pond, Rock Cut State Park

Winnebago County

Recreational Use Restrictions

●

Only youth under 16 years of age permitted to fish

All Fish

●

2 Pole and Line Fishing Only (1)

Bluegill, Redear, or Hybrid Sunfish

●

5 Fish Daily Harvest Limit

Channel Catfish

●

1 Fish Daily Harvest Limit

Rock River (from the Sears and Steel Dam downstream to confluence of the Mississippi River), State of Illinois

Rock Island County

Walleye

●

15" Minimum Length Limit

●

Protected Slot Length Limit with no possession of Fish ≥ 20" and < 27"

Walleye or Sauger

●

6 Fish Daily Harvest Limit with no more than 1 Fish ≥ 27"

Rock River (Wisconsin State Line downstream to confluence of the Mississippi River), including tributaries, State of Illinois

Multiple Counties

Smallmouth Bass

●

14" Minimum Length Limit

Rock Springs Bike Trail Pond, Macon County Conservation District

Macon County

All Fish

●

2 Pole and Line Fishing Only (1)

Channel Catfish

●

6 Fish Daily Harvest Limit

Large or Smallmouth Bass

●

15" Minimum Length Limit

●

1 Fish Daily Harvest Limit

Rock Springs Cattail Pond, Macon County Conservation District

Macon County

All Fish

●

2 Pole and Line Fishing Only (1)

Channel Catfish

●

6 Fish Daily Harvest Limit

Large or Smallmouth Bass

●

15" Minimum Length Limit

●

1 Fish Daily Harvest Limit

Trout

●

Fall Closed Season (7)

●

Spring Closed Season (8)

Roodhouse Park Lake, City of Roodhouse

Greene County

All Fish

●

2 Pole and Line Fishing Only (1)

Channel Catfish

●

6 Fish Daily Harvest Limit

Ross Lake, Walnut Park District

Bureau County

All Fish

●

2 Pole and Line Fishing Only (1)

Bluegill

●

10 Fish Daily Harvest Limit

Channel Catfish

●

6 Fish Daily Harvest Limit

Large or Smallmouth Bass

●

18" Minimum Length Limit

●

1 Fish Daily Harvest Limit

Route 6 Quarries (East and West), Will County Forest Preserve District

Will County

All Fish

●

2 Pole and Line Fishing Only (1)

Bluegill or Redear Sunfish

●

15 Fish Daily Harvest Limit

Channel Catfish

●

3 Fish Daily Harvest Limit

Large or Smallmouth Bass

●

18" Minimum Length Limit

●

1 Fish Daily Harvest Limit

Route 154 Day Use Pond, State of Illinois

Randolph County

All Fish

●

2 Pole and Line Fishing Only (1)

Channel Catfish

●

6 Fish Daily Harvest Limit

Large or Smallmouth Bass

●

15" Minimum Length Limit

●

1 Fish Daily Harvest Limit

Sag Quarry East, Cook County Forest Preserve District

Cook County

All Fish

●

2 Pole and Line Fishing Only (1)(2)

Bluegill, Redear, or Pumpkinseed Sunfish

●

15 Fish Daily Harvest Limit

Large or Smallmouth Bass

●

14" Minimum Length Limit

Trout

●

Spring Closed Season (8)

●

Fall Closed Season (7)

White, Black, or Hybrid Crappie

●

15 Fish Daily Harvest Limit

Sahara Woods State Recreation Area, State of Illinois

Saline County

All Fish

●

2 Pole and Line Fishing Only (1)

Bluegill or Redear Sunfish

●

15 Fish Daily Harvest Limit

Channel Catfish

●

6 Fish Daily Harvest Limit

Large or Smallmouth Bass

●

18" Minimum Length Limit

●

1 Fish Daily Harvest Limit

White, Black, or Hybrid Crappie

●

15 Fish Daily Harvest Limit

Salem Reservoir, City of Salem

Marion County

All Fish

●

2 Pole and Line Fishing Only (1) (5)

Channel Catfish

●

6 Fish Daily Harvest Limit

Large or Smallmouth Bass

●

14" Minimum Length Limit

Sam Dale Lake, Sam Dale State Fish and Wildlife Area

Wayne County

All Fish

●

2 Pole and Line Fishing Only (1) (5)

●

All live bait > 8" must be rigged with a quick set rig (4)

Channel Catfish

●

6 Fish Daily Harvest Limit

Large or Smallmouth Bass

●

14" Minimum Length Limit

Pure Muskellunge

●

48" Minimum Length Limit

Sam Dale Trout Pond, Sam Dale State Fish and Wildlife Area

Wayne County

All Fish

●

2 Pole and Line Fishing Only (1)

Channel Catfish

●

6 Fish Daily Harvest Limit

Large or Smallmouth Bass

●

14" Minimum Length Limit

Trout

●

Fall Closed Season (7)

●

Spring Closed Season (8)

Sam Parr Lake, Sam Parr State Fish and Wildlife Area

Jasper County

All Fish

●

2 Pole and Line Fishing Only (1) (5)

Channel Catfish

●

6 Fish Daily Harvest Limit

Large or Smallmouth Bass

●

14" Minimum Length Limit

Sand Pond, Adeline Jay Geo-Karis Illinois Beach State Park

Lake County

All Fish

●

2 Pole and Line Fishing Only (1)

Channel Catfish

●

6 Fish Daily Harvest Limit

Large or Smallmouth Bass

●

15" Minimum Length Limit

●

1 Fish Daily Harvest Limit

Trout

●

Fall Closed Season (7)

●

Spring Closed Season (8)

Sanganois State Fish and Wildlife Area

Mason/Cass/Schuyler/Menard Counties

Large or Smallmouth Bass

●

12" Minimum Length Limit

Sangchris Lake, Sangchris Lake State Park

Christian/Sangamon Counties

All Fish

●

2 Pole and Line Fishing Only (1)

●

Sport fishermen may take carp, buffalo, suckers and gar by bow and arrow devices, gigs or spears (except during waterfowl season) but not within 200 yards of any developed recreational areas

Large or Smallmouth Bass

●

15" Minimum Length Limit

●

3 Fish Daily Harvest Limit

White, Black, or Hybrid Crappie

●

25 Fish Daily Harvest Limit with no more than 10 Fish ≥ 10"

Schiller Pond, Cook County Forest Preserve District

Cook County

All Fish

●

2 Pole and Line Fishing Only (1) (2)

Bluegill, Redear, or Pumpkinseed Sunfish

●

15 Fish Daily Harvest Limit

Channel Catfish

●

6 Fish Daily Harvest Limit

Large or Smallmouth Bass

●

14" Minimum Length Limit

Trout

●

Spring Closed Season (8)

White, Black, or Hybrid Crappie

●

15 Fish Daily Harvest Limit

Schuy-Rush Lake, City of Rushville

Schuyler County

All Fish

●

2 Pole and Line Fishing Only (1)

Channel Catfish

●

6 Fish Daily Harvest Limit

White, Black, or Hybrid Crappie

●

25 Fish Daily Harvest Limit with no more than 10 Fish ≥ 10"

Sesser City Lake, City of Sesser

Franklin County

All Fish

●

2 Pole and Line Fishing Only (1)

Channel Catfish

●

6 Fish Daily Harvest Limit

Large or Smallmouth Bass

●

18" Minimum Length Limit

●

1 Fish Daily Harvest Limit

Shabbona Lake, Shabbona Lake State Recreation Area

DeKalb County

Recreational Use Restrictions

●

No sport fishing below dam to fence

All Fish

●

2 Pole and Line Fishing Only (1)

●

All live bait > 8" must be rigged with a quick set rig (4)

●

Sport fishermen may take carp, buffalo, suckers and gar by bow and arrow or bow and arrow devices, gigs or spears, except when closed under site regulations and posted on site.

Bluegill or Redear Sunfish

●

10 Fish Daily Harvest Limit

Channel Catfish

●

6 Fish Daily Harvest Limit

Large or Smallmouth Bass

●

14" Minimum Length Limit

●

1 Fish Daily Harvest Limit

Pure Muskellunge

●

48" Minimum Length Limit

Striped, White, or Hybrid Striped Bass

●

17" Minimum Length Limit

●

3 Fish Daily Harvest Limit

Walleye, Sauger, or Hybrid Walleye

●

18" Minimum Length Limit

White, Black, or Hybrid Crappie

●

10 Fish Daily Harvest Limit

Shawnee National Forest − Lakes and Ponds less than 10 acres, U.S. Forest Service

Multiple Counties

All Fish

●

2 Pole and Line Fishing Only (1) (5)

Channel Catfish

●

6 Fish Daily Harvest Limit

Largemouth, Smallmouth or Spotted Bass

●

15" Minimum Length Limit

Shawnee National Forest – Bay Creek Lake #5 and #8 (Sugar Creek Lake), U.S. Forest Service

Pope County

All Fish

●

2 Pole and Line Fishing Only (1)

Channel Catfish

●

6 Fish Daily Harvest Limit

Largemouth, Smallmouth or Spotted Bass

●

15" Minimum Length Limit

Shawnee National Forest – Dutchman Lake, U.S. Forest Service

Johnson County

All Fish

●

2 Pole and Line Fishing Only (1)

Channel Catfish

●

6 Fish Daily Harvest Limit

Largemouth, Smallmouth or Spotted Bass

●

15" Minimum Length Limit

Shawnee National Forest – Lake Glendale, U.S. Forest Service

Pope County

All Fish

●

2 Pole and Line Fishing Only (1)

Channel Catfish

●

6 Fish Daily Harvest Limit

Largemouth, Smallmouth or Spotted Bass

●

15" Minimum Length Limit

Shawnee National Forest – Little Cache #1, U.S. Forest Service

Johnson County

All Fish

●

2 Pole and Line Fishing Only (1)

Channel Catfish

●

6 Fish Daily Harvest Limit

Large or Smallmouth Bass

●

15" Minimum Length Limit

Shawnee National Forest – One Horse Gap Lake, U.S. Forest Service

Pope County

All Fish

●

2 Pole and Line Fishing Only (1)

Channel Catfish

●

6 Fish Daily Harvest Limit

Largemouth, Smallmouth or Spotted Bass

●

15" Minimum Length Limit

Shawnee National Forest – Pounds Hollow Lake, U.S. Forest Service

Gallatin County

All Fish

●

2 Pole and Line Fishing Only (1)

Channel Catfish

●

6 Fish Daily Harvest Limit

Largemouth, Smallmouth or Spotted Bass

●

15" Minimum Length Limit

Shawnee National Forest – Tecumseh Lake, U.S. Forest Service

Hardin County

All Fish

●

2 Pole and Line Fishing Only (1)

Channel Catfish

●

6 Fish Daily Harvest Limit

Largemouth, Smallmouth or Spotted Bass

●

15" Minimum Length Limit

Shawnee National Forest – Turkey Bayou, U.S. Forest Service

Jackson County

All Fish

●

2 Pole and Line Fishing Only (1)

Channel Catfish

●

6 Fish Daily Harvest Limit

Largemouth, Smallmouth or Spotted Bass

●

15" Minimum Length Limit

Shawnee National Forest – Whoopie Cat Lake, U.S. Forest Service

Hardin Counties

All Fish

●

2 Pole and Line Fishing Only (1)

Channel Catfish

●

6 Fish Daily Harvest Limit

Largemouth, Smallmouth or Spotted Bass

●

15" Minimum Length Limit

Sherman Park Lagoon, Chicago Park District

Cook County

All Fish

●

2 Pole and Line Fishing Only (1)

Channel Catfish

●

4 Fish Daily Harvest Limit

Silliman Lake (Chenoa City Lake), City of Chenoa

McLean County

All Fish

●

2 Pole and Line Fishing Only (1)

Channel Catfish

●

3 Fish Daily Harvest Limit

Siloam Springs Family Fishing Pond, Siloam Springs State Park

Adams County

All Fish

●

2 Pole and Line Fishing Only (1)

Bluegill or Redear Sunfish

●

10 Fish Daily Harvest Limit

Channel Catfish

●

3 Fish Daily Harvest Limit

Largemouth Bass

●

15" Minimum Length Limit

●

3 Fish Daily Harvest Limit

Siloam Springs Lake, Siloam Springs State Park

Adams County

All Fish

●

2 Pole and Line Fishing Only (1)

●

Sport fishermen may take carp, buffalo, suckers and gar by bow and arrow or bow and arrow devices, gigs or spears during May and June

Channel Catfish

●

6 Fish Daily Harvest Limit

Large or Smallmouth Bass

●

Protected Slot Length Limit with no possession of fish ≥ 12" and < 15"

Trout

●

Fall Closed Season (7)

●

Early Season Catch and Release Fishing Permitted (9)

●

Spring Closed Season (8)

●

Early Season Catch and Release Fishing Permitted (9)

Siloam Springs State Park − Buckhorn Unit Waters, Siloam Springs State Park

Brown County

All Fish

●

2 Pole and Line Fishing Only (1)

Bluegill or Redear Sunfish

●

8" Minimum Length Limit

●

10 Fish Daily Harvest Limit

Channel Catfish

●

6 Fish Daily Harvest Limit

Large or Smallmouth Bass

●

18" Minimum Length Limit

●

1 Fish Daily Harvest Limit

Silver Lake, City of Highland

Madison County

Large or Smallmouth Bass

●

15" Minimum Length Limit

●

3 Fish Daily Harvest Limit

Silver Springs State Park – Lakes & Ponds, State of Illinois

Kendall County

All Fish

●

2 Pole and Line Fishing Only (1)

Channel Catfish

●

6 Fish Daily Harvest Limit

Trout

●

Fall Closed Season (7)

●

Spring Closed Season (8)

Skokie Lagoons (including Skokie Lagoons Spillway and Skokie River Downstream to Willow Road), Cook County Forest Preserve District

Cook County

All Fish

●

2 Pole and Line Fishing Only (1) (2)

Bluegill, Redear, or Pumpkinseed Sunfish

●

15 Fish Daily Harvest Limit

Channel Catfish

●

6 Fish Daily Harvest Limit

Large or Smallmouth Bass

●

14" Minimum Length Limit

●

3 Fish Daily Harvest Limit

Walleye, Sauger, or Hybrid Walleye

●

18" Minimum Length Limit

White, Black, or Hybrid Crappie

●

15 Fish Daily Harvest Limit

Snakeden Hollow State Fish and Wildlife Area – McMaster Lake & Other Site Waters, State of Illinois

Knox County

All Fish

●

2 Pole and Line Fishing Only (1)

●

All live bait > 8" must be rigged with a quick set rig (4)

Bluegill or Redear Sunfish

●

25 Fish Daily Harvest Limit

Channel Catfish

●

6 Fish Daily Harvest Limit

Large or Smallmouth Bass

●

Protected Slot Length Limit with no possession of Fish ≥ 14" and < 18"

●

3 Fish Daily Harvest Limit

Pure Muskellunge

●

Protected Slot Length Limit with 1 Fish ≥ 36" and < 42" or 1 fish ≥ 48"

Walleye, Sauger, or Hybrid Walleye

●

3 Fish Daily Harvest Limit

White, Black, or Hybrid Crappie

●

25 Fish Daily Harvest Limit with no more than 10 Fish ≥ 10"

Southwind Park Pond, Springfield Park District

Sangamon County

All Fish

●

2 Pole and Line Fishing Only (1)

Trout

●

Spring Closed Season (8)

●

Fall Closed Season (7)

Sparta New City Reservoir (North), City of Sparta

Randolph County

All Fish

●

2 Pole and Line Fishing Only (1)

Channel Catfish

●

6 Fish Daily Harvest Limit

Large or Smallmouth Bass

●

15" Minimum Length Limit

Sparta Old City Reservoir (South), City of Sparta

Randolph County

All Fish

●

2 Pole and Line Fishing Only (1)

Bluegill or Redear Sunfish

●

15 Fish Daily Harvest Limit

Channel Catfish

●

6 Fish Daily Harvest Limit

Large or Smallmouth Bass

●

15" Minimum Length Limit

Sparta "T" Lake, City of Sparta

Randolph County

All Fish

●

2 Pole and Line Fishing Only (1)

Bluegill or Redear Sunfish

●

8" Minimum Length Limit

●

15 Fish Daily Harvest Limit

Channel Catfish

●

6 Fish Daily Harvest Limit

Large or Smallmouth Bass

●

15" Minimum Length Limit

●

3 Fish Daily Harvest Limit

White, Black, or Hybrid Crappie

●

9" Minimum Length Limit

●

10 Fish Daily Harvest Limit

Sparta World Shooting and Recreational Complex Lakes, State of Illinois

Randolph County

All Fish

●

2 Pole and Line Fishing Only (1)(5)

Bluegill or Redear Sunfish

●

15 Fish Daily Harvest Limit

Channel Catfish

●

6 Fish Daily Harvest Limit

Large or Smallmouth Bass

●

18" Minimum Length Limit

●

1 Fish Daily Harvest Limit

Trout (Derby Lake)

●

Fall Closed Season (7)

●

Spring Closed Season (8)

White, Black, or Hybrid Crappie

●

10" Minimum Length Limit

●

10 Fish Daily Harvest Limit

Sportsmans Club Pond, Decatur Park District

Macon County

All Fish

●

2 Pole and Line Fishing Only (1)

Channel Catfish

●

6 Fish Daily Harvest Limit

Large or Smallmouth Bass

●

14" Minimum Length Limit

●

1 Fish Daily Harvest Limit

Trout

●

Spring Closed Season (8)

Spring Grove Hatchery Park Ponds, Village of Spring Grove

McHenry County

All Fish

●

2 Pole and Line Fishing Only (1)

Trout

●

Fall Closed Season (7)

Spring Lake, City of Macomb

McDonough County

All Fish

●

2 Pole and Line Fishing Only (1) (5)

●

All live bait > 8" must be rigged with a quick set rig (4)

Blue or Channel Catfish

●

6 Fish Daily Harvest Limit

Large or Smallmouth Bass

●

15" Minimum Length Limit

●

3 Fish Daily Harvest Limit

Pure Muskellunge

●

42" Minimum Length limit

Striped, White, or Hybrid Striped Bass

●

17" Minimum Length Limit

●

3 Fish Daily Harvest Limit

Walleye

●

18" Minimum Length Limit

●

3 Fish Daily Harvest Limit

Spring Lakes (North & South), Spring Lake State Fish and Wildlife Area

Tazewell County

All Fish

●

2 Pole and Line Fishing Only (1) (5)

●

All live bait > 8" must be rigged with a quick set rig (4)

Channel Catfish

●

6 Fish Daily Harvest Limit

Large or Smallmouth Bass

●

Protected Slot Length Limit with no possession of Fish ≥ 12" and < 18"

●

3 Fish Daily Harvest Limit

Pure Muskellunge

●

42" Minimum Length Limit

White, Black, or Hybrid Crappie

●

25 Fish Daily Harvest Limit with no more than 10 Fish ≥ 10"

Spring Pond, Flagg-Rochelle Park District

Ogle County

All Fish

●

2 Pole and Line Fishing Only (1)

Large or Smallmouth Bass

●

14" Minimum Length Limit

●

1 Fish Daily Harvest Limit

St. Anne Village Pond, Village of St. Anne

Kankakee County

All Fish

●

2 Pole and Line Fishing Only (1)

Channel Catfish

●

6 Fish Daily Harvest Limit

Largemouth Bass

●

15" Minimum Length Limit

Staunton City Lake, City of Staunton

Macoupin County

All Fish

●

2 Pole and Line Fishing Only (1)

●

All live bait > 8" must be rigged with a quick set rig (4)

Channel Catfish

●

6 Fish Daily Harvest Limit

Large or Smallmouth Bass

●

15" Minimum Length Limit

●

3 Fish Daily Harvest Limit

Sterling Lake, Lake County Forest Preserve District

Lake County

All Fish

●

2 Pole and Line Fishing Only (1)

●

All live bait > 8" must be rigged with a quick set rig (4)

Channel Catfish

●

3 Fish Daily Harvest Limit

Large or Smallmouth Bass

●

15" Minimum Length Limit

●

1 Fish Daily Harvest Limit

Pure Muskellunge

●

48" Minimum Length Limit

Walleye, Sauger, or Hybrid Walleye

●

16" Minimum Length Limit

Storm Lake, DeKalb Park District

DeKalb County

All Fish

●

2 Pole and Line Fishing Only (1)

Channel Catfish

●

6 Fish Daily Harvest Limit

Large or Smallmouth Bass

●

14" Minimum Length Limit

●

1 Fish Daily Harvest Limit

Tampier Lake, Cook County Forest Preserve District

Cook County

All Fish

●

2 Pole and Line Fishing Only (1) (2)

Bluegill, Redear, or Pumpkinseed Sunfish

●

15 Fish Daily Harvest Limit

Channel Catfish

●

6 Fish Daily Harvest Limit

Large or Smallmouth Bass

●

14" Minimum Length Limit

Walleye, Sauger, or Hybrid Walleye

●

18" Minimum Length Limit

White, Black, or Hybrid Crappie

●

15 Fish Daily Harvest Limit

Taylorville Park District Pond, Taylorville Park District

Christian County

All Fish

●

2 Pole and Line Fishing Only (1)

Trout

●

Spring Closed Season (8)

●

Fall Closed Season (7)

Ten Mile Creek Lakes, Ten Mile Creek State Fish and Wildlife Area

Hamilton/Jefferson Counties

All Fish

●

2 Pole and Line Fishing Only (1) (5)

Channel Catfish

●

6 Fish Daily Harvest Limit

Large or Smallmouth Bass

●

3 Fish Daily Harvest Limit

Three Oaks North and South Lakes, City of Crystal Lake

McHenry County

All Fish

●

2 Pole and Line Fishing Only (1)

●

Catch and Release Fishing Only (9)

Toledo Reservoir, Village of Toledo

Cumberland County

All Fish

●

2 Pole and Line Fishing Only (1)

Channel Catfish

●

6 Fish Daily Harvest Limit

Large or Smallmouth Bass

●

3 Fish Daily Harvest Limit with no more than 1 Fish ≥ 15" and 2 Fish < 12"

Tower Lake (St. Elmo South Lake), City of St. Elmo

Fayette County

All Fish

●

2 Pole and Line Fishing Only (1)

Channel Catfish

●

6 Fish Daily Harvest Limit

Large or Smallmouth Bass

●

14" Minimum Length Limit

Towne Center Pond, Village of Shorewood

Will County

All Fish

●

2 Pole and Line Fishing Only (1)

Large or Smallmouth Bass

●

3 Fish Daily Harvest Limit

Tri-Township Park Pond, City of Troy

Madison County

All Fish

●

2 Pole and Line Fishing Only (1)

Bluegill or Redear Sunfish

●

10 Fish Daily Harvest Limit

Channel Catfish

●

6 Fish Daily Harvest Limit

Large or Smallmouth Bass

●

15" Minimum Length Limit

●

3 Fish Daily Harvest Limit

Turkey Bluffs State Fish and Wildlife Area, State of Illinois

Randolph County

All Fish

●

2 Pole and Line Fishing Only (1)

Channel Catfish

●

6 Fish Daily Harvest Limit

Large or Smallmouth Bass

●

15" Minimum Length Limit

●

1 Fish Daily Harvest Limit

Turner Lake, Chain O'Lakes State Park

Lake County

All Fish

●

2 Pole and Line Fishing Only (1)

Channel Catfish

●

6 Fish Daily Harvest Limit

Large or Smallmouth Bass

●

15" Minimum Length Limit

●

1 Fish Daily Harvest Limit

Turtle Lake (East Lake Renwick), Will County Forest Preserve District

Will County

All Fish

●

2 Pole and Line Fishing Only (1)

Bluegill or Redear Sunfish

●

15 Fish Daily Harvest Limit

Channel Catfish

●

3 Fish Daily Harvest Limit

Large or Smallmouth Bass

●

18" Minimum Length Limit

●

1 Fish Daily Harvest Limit

Tuscola City Lake, City of Tuscola

Douglas County

All Fish

●

2 Pole and Line Fishing Only (1)

Channel Catfish

●

6 Fish Daily Harvest Limit

Large or Smallmouth Bass

●

14" Minimum Length Limit

Union County State Fish and Wildlife Area – All lakes and ponds, State of Illinois

Union County

All Fish

●

2 Pole and Line Fishing Only (1) (5)

Valley Lake, Wildwood Park District

Lake County

All Fish

●

2 Pole and Line Fishing Only (1)

Channel Catfish

●

6 Fish Daily Harvest Limit

Large or Smallmouth Bass

●

15" Minimum Length Limit

●

3 Fish Daily Harvest Limit

Valmeyer Lake, Village of Valmeyer

Monroe County

All Fish

●

2 Pole and Line Fishing Only (1)

Channel Catfish

●

6 Fish Daily Harvest Limit

Large or Smallmouth Bass

●

15" Minimum Length Limit

●

3 Fish Daily Harvest Limit

Vandalia Lake, City of Vandalia

Fayette County

All Fish

●

2 Pole and Line Fishing Only (1)

Channel Catfish

●

6 Fish Daily Harvest Limit

Large or Smallmouth Bass

●

14" Minimum Length Limit

Striped, White, or Hybrid Striped Bass

●

17" Minimum Length Limit

●

3 Fish Daily Harvest Limit

Van Horn Woods Pond, Plainfield Park District

Will County

All Fish

●

2 Pole and Line Fishing Only (1)

Channel Catfish

●

6 Fish Daily Harvest Limit

Large or Smallmouth Bass

●

15" Minimum Length Limit

●

1 Fish Daily Harvest Limit

Trout

●

Fall Closed Season (7)

Vermont Lake, Village of Vermont

McDonough County

All Fish

●

2 Pole and Line Fishing Only (1)

Channel Catfish

●

6 Fish Daily Harvest Limit

Flathead Catfish

●

3 Fish Daily Harvest Limit with no more than 1 Fish ≥ 28" and 2 Fish < 28"

Large or Smallmouth Bass

●

18" Minimum Length Limit

●

1 Fish Daily Harvest Limit

White, Black, or Hybrid Crappie

●

25 Fish Daily Harvest Limit

Vernor Lake, City of Olney

Richland County

All Fish

●

2 Pole and Line Fishing Only (1)

Channel Catfish

●

6 Fish Daily Harvest Limit

Large or Smallmouth Bass

●

14" Minimum Length Limit

Villa Grove East Lake, City of Villa Grove

Douglas County

All Fish

●

2 Pole and Line Fishing Only (1)

Channel Catfish

●

6 Fish Daily Harvest Limit

Large or Smallmouth Bass

●

14" Minimum Length Limit

Villa Grove West Lake, City of Villa Grove

Douglas County

All Fish

●

2 Pole and Line Fishing Only (1)

Channel Catfish

●

6 Fish Daily Harvest Limit

Large or Smallmouth Bass

●

18" Minimum Length Limit

●

1 Fish Daily Harvest Limit

Striped, White, or Hybrid Striped Bass

●

17" Minimum Length Limit

●

1 Fish Daily Harvest Limit

Trout

●

Fall Closed Season (7)

Wabash River (between IL and IN) and Ohio River (between IL & KY), State of Illinois

Multiple Counties

Blue or Flathead Catfish

●

13" Minimum Length Limit

●

No Daily harvest Limit for Fish ≥ 13" and < 35"

●

1 Fish Daily Harvest Limit for Fish ≥ 35"

Channel Catfish

●

13" Minimum Length Limit

●

No Daily Harvest Limit for Fish ≥ 13" and ˂ 28"

●

1 Fish Daily Harvest Limit for Fish ≥ 28"

Waddams Creek, State of Illinois

Stephenson County

Trout

●

Spring Closed Season (8)

Walnut Point Lake, Walnut Point State Park

Douglas County

All Fish

●

2 Pole and Line Fishing Only (1)

Bluegill or Redear Sunfish

●

20 Fish Daily Harvest Limit with no more than 5 Fish ≥ 8"

Channel Catfish

●

6 Fish Daily Harvest Limit

Large or Smallmouth Bass

●

Protected Slot Length Limit with no possession of Fish ≥ 12" and < 15"

Walton Park Lake, City of Litchfield

Montgomery County

All Fish

●

2 Pole and Line Fishing Only (1)

Channel Catfish

●

6 Fish Daily Harvest Limit

Large or Smallmouth Bass

●

15" Minimum Length Limit

●

3 Fish Daily Harvest Limit

Wampum Lake, Cook County Forest Preserve District

Cook County

All Fish

●

2 Pole and Line Fishing Only (1) (2)

Bluegill, Redear, or Pumpkinseed Sunfish

●

15 Fish Daily Harvest Limit

Large or Smallmouth Bass

●

14" Minimum Length Limit

White, Black, or Hybrid Crappie

●

15 Fish Daily Harvest Limit

Washington County Lake, Washington County State Recreation Area

Washington County

All Fish

●

2 Pole and Line Fishing Only (1) (5)

Channel Catfish

●

6 Fish Daily Harvest Limit

Large or Smallmouth Bass

●

3 Fish Daily Harvest Limit with no more than 1 Fish ≥ 18" and 2 Fish < 14"

Striped, White, or Hybrid Striped Bass

●

17" Minimum Length Limit

●

3 Fish Daily Harvest Limit

Washington Park Lagoon, Chicago Park District

Cook County

All Fish

●

2 Pole and Line Fishing Only (1)

Channel Catfish

●

4 Fish Daily Harvest Limit

Washington Park Pond, Springfield Park District

Sangamon County

All Fish

●

2 Pole and Line Fishing Only (1)

Channel Catfish

●

3 Fish Daily Harvest Limit

Trout

●

Fall Closed Season (7)

●

Spring Closed Season (8)

Watseka City Ponds (Clements Pond, Kapers Pond and Municipal Center Pond), City of Watseka

Iroquois County

All Fish

●

2 Pole and Line Fishing Only (1)

Channel Catfish

●

3 Fish Daily Harvest Limit

Large or Smallmouth Bass

●

15" Minimum Length Limit

●

3 Fish Daily Harvest Limit

White, Black, or Hybrid Crappie

●

9" Minimum Length Limit

●

10 Fish Daily Harvest Limit

Waverly Lake, City of Waverly

Morgan County

All Fish

●

2 Pole and Line Fishing Only (1) (5)

Channel Catfish

●

6 Fish Daily Harvest Limit

Large or Smallmouth Bass

●

15" Minimum Length Limit

●

3 Fish Daily Harvest Limit

Weinberg-King Ponds, Weinberg-King State Recreation Area

Schuyler County

All Fish

●

2 Pole and Line Fishing Only (1)

Channel Catfish

●

6 Fish Daily Harvest Limit

Weldon Springs Lake, Weldon Springs State Park

DeWitt County

All Fish

●

2 Pole and Line Fishing Only (1)

Bluegill or Redear Sunfish

●

15 Fish Daily Harvest Limit with no more than 5 Fish ≥ 7"

Channel Catfish

●

6 Fish Daily Harvest Limit

Large or Smallmouth Bass

●

15" Minimum Length Limit

●

1 Fish Daily Harvest Limit

Trout

●

Fall Closed Season (7)

●

Spring Closed Season (8)

Walleye, Sauger, or Hybrid Walleye

●

15" Minimum Length Limit

●

3 Fish Daily Harvest Limit no more than 1 Fish ≥ 20"

West Frankfort New City Lake, City of West Frankfort

Franklin County

All Fish

●

2 Pole and Line Fishing Only (1)

Channel Catfish

●

6 Fish Daily Harvest Limit

Large or Smallmouth Bass

●

15" Minimum Length Limit

●

3 Fish Daily Harvest Limit

West Frankfort Old City Lake, City of West Frankfort

Franklin County

All Fish

●

2 Pole and Line Fishing Only (1)

Channel Catfish

●

6 Fish Daily Harvest Limit

Large or Smallmouth Bass

●

15" Minimum Length Limit

●

3 Fish Daily Harvest Limit

West Salem Reservoir, Village of West Salem

Edwards County

All Fish

●

2 Pole and Line Fishing Only (1)

Channel Catfish

●

6 Fish Daily Harvest Limit

Large or Smallmouth Bass

●

14" Minimum Length Limit

Whalon Lake, Forest Preserve District of Will County

Will County

All Fish

●

2 Pole and Line Fishing Only (1)

Bluegill or Redear Sunfish

●

15 Fish Daily Harvest Limit

Channel Catfish

●

3 Fish Daily Harvest Limit

Large or Smallmouth Bass

●

18" Minimum Length Limit

●

1 Fish Daily Harvest Limit

Walleye, Sauger, or Hybrid Walleye

●

16" Minimum Length Limit

●

3 Fish Daily Harvest Limit

White Hall City Lake, City of White Hall

Greene County

All Fish

●

2 Pole and Line Fishing Only (1) (5)

Channel Catfish

●

6 Fish Daily Harvest Limit

Wilderness Pond, Fox Ridge State Park

Coles County

All Fish

●

2 Pole and Line Fishing Only (1)

Bluegill or Redear Sunfish

●

5 Fish Daily Harvest Limit

Channel Catfish

●

6 Fish Daily Harvest Limit

Large or Smallmouth Bass

●

18" Minimum Length Limit

●

1 Fish Daily Harvest Limit

William W. Powers State Recreation Area, State of Illinois

Cook County

Trout

●

Fall Closed Season (7)

●

Spring Closed Season (8)

Willow Lake, Peabody River King State Fish and Wildlife Area

St. Clair County

All Fish

●

2 Pole and Line Fishing Only (1)

Channel Catfish

●

6 Fish Daily Harvest Limit

Large or Smallmouth Bass

●

15" Minimum Length Limit

●

3 Fish Daily Harvest Limit

Trout

●

Fall Closed Season (7)

●

Early Season Catch and Release Fishing Permitted (9)

●

Spring Closed Season (8)

●

Early Season Catch and Release Fishing Permitted (9)

White, Black, or Hybrid Crappie

●

9" Minimum Length Limit

●

25 Fish Daily Harvest Limit

Wolf Lake, William W. Powers State Recreation Area

Cook County

All Fish

●

2 Pole and Line Fishing Only (1)

Channel Catfish

●

6 Fish Daily Harvest Limit

Large or Smallmouth Bass

●

14" Minimum Length Limit

Trout

●

Spring Closed Season (8)

●

Fall Closed Season (7)

Woodford State Fish and Wildlife Area (Fishing Ditch), Woodford State Fish and Wildlife Area

Woodford County

All Fish

●

2 Pole and Line Fishing Only (1)

Large or Smallmouth Bass

●

12" Minimum Length Limit

Woodlawn Pond, Frankfort Square Park District

Will County

All Fish

●

2 Pole and Line Fishing Only (1)

Channel Catfish

●

6 Fish Daily Harvest Limit

Large or Smallmouth Bass

●

15" Minimum Length Limit

●

1 Fish Daily Harvest Limit

Woods Lake, U.S. Army Corps of Engineers

Moultrie County

All Fish

●

2 Pole and Line Fishing Only (1)

Bluegill or Redear Sunfish

●

15 Fish Daily Harvest Limit with no more than 5 Fish ≥ 8"

Channel Catfish

●

6 Fish Daily Harvest Limit

Large or Smallmouth Bass

●

3 Fish Daily Harvest Limit with no more than 1 Fish ≥ 18" and 2 Fish < 14"

Striped, White, or Hybrid Striped Bass

●

Catch and Release Fishing Only (9)

White, Black, or Hybrid Crappie

●

15 Fish Daily Harvest Limit with no more than 10 Fish ≥ 10" and 5 Fish < 10"

Wyman Lake, City of Sullivan

Moultrie County

All Fish

●

2 Pole and Line Fishing Only (1)

Channel Catfish

●

6 Fish Daily Harvest Limit

Large or Smallmouth Bass

●

15" Minimum Length Limit

●

1 Fish Daily Harvest Limit

Trout

●

Spring Closed Season (8)

Yellow Creek, State of Illinois

Stephenson County

Trout

●

Spring Closed Season (8)

History

• Source: Amended at 50 Ill. Reg. 4254, effective April 1, 2026

Chapter I Department of Natural Resources

Subchapter b Fish and Wildlife

Part 810 Sport Fishing Regulations for the Waters of Illinois

17 Ill. Adm. Code 810.50 Bait Fishing

a) Statewide Regulations

1. Aquatic life species found on the Aquatic Life Approved Species list are allowed for use as live bait if purchased from a licensed Illinois Aquatic Life Dealer or Minnow Dealer or so long as the aquatic life species taken are used as bait in the waters where taken. Species not found on the Aquatic Life Approved Species list may be used as DEAD bait on the waters where taken.

2. Legal sized cast nets, shad scoops, and minnow seines may be used to obtain shad, minnows and crayfish to use as bait, provided that they are not sold or bartered. All cast nets shall be not larger than 24 feet in diameter or of a mesh size not larger than 1 inch bar measurement. All shad scoops shall be not larger than 30 inches in diameter or of a mesh size not larger than ½ inch bar measurement or longer than 4 feet in length. Minnow seines shall not be longer than 20 feet, deeper than 6 feet or contain mesh size larger than ½ inch bar measurement.

3. Minnows and crayfish may be collected with traps of metal screen or hardware cloth, plastic, or nylon mesh or netting. Such traps may not be more than 24 inches in width or diameter or more than 36 inches in length nor use a mesh of more than ½ inch bar measurement. Each entrance aperture may not exceed 1.5 inches in diameter. If unattended, such devices must be tagged with the name, mailing address and phone number of the person operating the device. Minnows and crayfish collected in such devices may only be taken for personal use and may not be sold or bartered.

4. Aquatic life protected under 17 Ill. Adm. Code 1010 – Illinois List of Endangered and Threatened Fauna may not be taken for any purpose including bait fishing.

5. Injurious Species: The use of live injurious species (as described in 17 Ill. Adm. Code 805) as bait is prohibited. Possession of live specimens, progeny thereof, viable eggs, or gametes is prohibited.

6. Collected live bait, including crayfish, shall not be transported between water bodies. Bait shall not be transported from spillway tailwaters to the impounded lake.

b) Site Specific Regulations

None.

History

• Source: Amended at 43 Ill. Reg. 3399, effective February 27, 2019

17 Ill. Adm. Code 810.60 Bullfrogs (Repealed)

History

• Source: Repealed at 21 Ill. Reg. 4709, effective April 1, 1997

17 Ill. Adm. Code 810.70 Free Fishing Days

During the period of June 19, 20, 21 and 22, 2026, it shall be legal for any person to fish in waters wholly or in part within the jurisdiction of the State, including the Illinois portion of Lake Michigan, without possessing a sport fishing license, salmon stamp or inland trout stamp.

History

• Source: Amended at 50 Ill. Reg. 4254, effective April 1, 2026

17 Ill. Adm. Code 810.80 Emergency Protective Procedures

a) Emergency procedures will be utilized to protect the sport fisheries resources of the State and the general health, safety and welfare of the general public under the following criteria:

1. Conditions

A) When data analysis based upon biological surveys demonstrates that one or more fish species in a fishery is likely to suffer severe deleterious effects due to angling pressure without the procedure; or

B) When the Department identifies a water of the State where a fish kill (manmade, natural, or unknown origin) occurs and determines that fishing or the removal of a dead and decaying aquatic life resulting from these conditions poses a threat to public health or safety.

2. The information upon which the procedure is based was not available prior to the time frame required for normal rulemaking procedures.

3. The emergency procedure must have the approval of the Chief, Division of Fisheries.

b) Emergency procedures will be posted on the Department's website: www.dnr.illinois.gov and at all lake road entrances, boat launching ramps or other heavily used bank fishing areas. A news release explaining the emergency procedures will be given to relevant State agencies, local emergency management agencies and local news media (television, newspaper, radio) prior to the effective date. These procedures will remain in effect until the Director of the Department of Natural Resources determines that the relevant conditions listed in Section 810.80(a)(1)(A) and (B) are mitigated. Rescission of the emergency procedures shall be posted on the Department's website and announced to local news media. Emergency procedures that will remain in effect longer than 7 days will result in the Department filing an emergency rule.

History

• Source: Amended at 37 Ill. Reg. 6658, effective May 1, 2013

17 Ill. Adm. Code 810.90 Fishing Tournament Permit

a) Definitions

1. "Fishing Derby" – An organized event conducted for children under the age of 16 who are attending school, senior citizens (65 years old and older), sport fishermen with disabilities, or other school-sanctioned groups when the principal purpose is education or enjoyment, rather than competition among sport fishermen. A Fishing Tournament Permit is not required for a fishing derby.

2. "Fishing Tournament" – An organized event, other than a fishing derby. An event will be considered a fishing tournament when the following criteria are present:

A) the event is sponsored or promoted by an individual or organization;

B) participants compete for trophies, cash prizes, citation or other recognition for participation in the event; and

C) the event is conducted during a specified time period.

b) A Fishing Tournament Permit from the Department is required for any fishing tournament event where 20 or more individuals participate in the event or an exemption to regulations in Section 810.35 or 810.45 is requested, which includes hook and line fishing tournaments and bowfishing tournaments, that is held in any of the waters listed in Section 810.45 or Section 810.15(d) or in any public owned or Department-managed lake, river or stream in Illinois.

c) The Fishing Tournament Permit serves as the IDNR Site Activity Permit (17 Ill. Adm. Code 110.4).

d) The Department shall require the director or organizer of a fishing tournament that is occurring at or on a Department site to:

1. agree to indemnify and hold harmless the Department, its officers, employees and agent for any damage to property and persons as a result of the willful and/or negligent acts of the group and/or its members and/or those in attendance. The Department will provide the Release, Waiver and Indemnification form for the group to sign and submit to the Site Superintendent; and

2. the tournament director or organizer shall:

A) provide proof of liability insurance of $1,000,000; or

B) require each individual who participates in the event to sign a liability waiver that was attached to the issued permit and turned back in to the Department site office prior to the event.

e) A copy of the Fishing Tournament Permit must be in the possession of the director or organizer at all times during the event.

f) Special length limit and daily harvest limit exemptions are allowed when requested on the Fishing Tournament Permit application, approved by the Department, and stated on the Fishing Tournament Permit. Special length limit and daily harvest limit exemptions to regulations in Section 810.45 will only be approved for:

1. catch, hold for weigh-in, and release Black Bass Fishing Tournaments in Lake Michigan (Illinois Portion) for which the special minimum length limit will be 14 inches and the daily harvest limit will be 3 fish daily;

2. youth-only catch, hold for weigh-in and release Black Bass Fishing Tournaments, for which the special minimum length limit will be 12 inches and the daily harvest limit will be 5 fish per boat. Youth-only is defined as 18 years old and younger;

3. catch, hold for weigh-in, and release Muskie Fishing Tournaments (all waters), provided all fish are released unharmed immediately after a quick weigh-in; and

4. catch, hold for weigh-in, and release Black Bass Fishing Tournaments in the Mississippi River (between Illinois and Iowa) and which are permitted by the Iowa Department of Natural Resources, for which the special minimum length limit will be 12 inches and the daily harvest limit will be 5 fish per boat.

g) The statewide daily harvest limit of no more than 6 Largemouth, Smallmouth or Spotted Bass (Black Bass) that may be in possession is applicable while participating in a Hook and Line Fishing Tournament, except:

1. as specified by Section 810.45;

2. In streams and rivers (excluding the mainstem of the Mississippi, Ohio (including the Golconda Marina) and Wabash Rivers), the daily possession can contain no more than 3 Smallmouth Bass; and

3. In rivers and streams and their tributaries statewide (excluding the Mississippi, Ohio (including the Golconda Marina), Wabash, and Illinois Rivers, Calumet River, Lake Calumet Connecting Channel, Calumet Sag Channel and navigable portions of the Grand Calumet River and Little Calumet River, all Smallmouth Bass must be immediately released between April 1 and June 15.

h) Requests for a Fishing Tournament Permit shall be made on applications provided by the Department of Natural Resources, Division of Fisheries, available on the DNR and IFishIllinois websites.

1. Applications must be fully completed with all required information and received by the Department not less than 30 days prior to the tournament date.

2. Fishing Tournament Permit applications will be accepted beginning November 1 of each year for the following calendar year. Applications cannot be accepted before November 1 of the year the application is made for any fishing tournament that is to be held the following calendar year.

i) The issuance or denial of a Fishing Tournament Permit by the Department shall be based upon the following criteria:

1. The capability of the fishery resource to absorb the tournament with minimal impact to its well-being.

2. The need for emergency protective procedures to protect the sport fisheries resources of the State and the general health, safety and welfare of the general public as provided for in Section 810.80.

3. The criteria and evaluation required for approval of a Site Activity Permit, described in 17 Ill. Adm. Code 110.4.

j) Appeals of denied permits must be made in writing to the Department within 10 days after receipt of the denial. Any supplemental information requested must be included in the appeal.

k) Required provisions for holding, handling and releasing caught fish to protect fish health in catch, hold for weigh-in and release Hook and Line Fishing Tournaments:

1. Tournament officials must be able to certify that all boats will be required to possess a livewell (except Muskie Fishing Tournaments) fitted with a functioning aerator and water pump.

2. Individual boats and sport fishermen returning their catches of fish back to a release site must adhere to daily harvest limits for the waterbody or the special daily harvest limit listed in the Fishing Tournament Permit.

3. For catch, hold for weigh-in, and release Muskie Fishing Tournaments, all boats must have a fish cradle (made from netting) to temporarily hold the muskie in the water while an official determines the length or weight of the fish prior to release. Muskies may not be transported to a weigh-in site.

l) Bowfishing tournaments may be held in any of the public waters open to bowfishing listed in Section 810.45 or public waters listed in Section 810.15(d). Bowfishing tournaments are subject to the following additional rules:

1. All non-native species legal to harvest with bowfishing methods listed in Section 810.45 have unlimited harvest. No possession of live Silver Carp, Bighead Carp, Grass Carp is permitted.

2. No exemptions will be granted for the wanton waste and fish abandonment provisions in Section 810.14.

m) Failure to comply with the rules of this Section is a violation of Section 20-35 of the Fish and Aquatic Life Code.

n) During the months of July and August, sport fishermen competing in catch, hold for weigh-in, and release Black Bass Fishing Tournaments must be off the water between 1:00 p.m. and 4:00 p.m.

History

• Source: Amended at 50 Ill. Reg. 4254, effective April 1, 2026

17 Ill. Adm. Code 810.100 Bed Protection

a) It is unlawful to operate any motorized vehicle upon the bed of any public water wholly or partially within the State of Illinois.

b) The following vehicles are exempted from the above subsection:

1. vehicles operating under a permit issued by the Illinois Department of Transportation which allows operation in the bed of a public water;

2. farm vehicles while being used for farming purposes; and

3. vehicles owned or operated by United States, State of Illinois, or a political subdivision thereof.

History

• Source: Amended at 14 Ill. Reg. 6164, effective April 17, 1990

17 Ill. Adm. Code 830.5 Definitions

Bar mesh measurement – means the mesh measurements from the outside of one knot to the inside of the adjoining knot on the same thread or strand.

Basket dredge – means a mussel harvesting device consisting of a heavy metal box or square which collects the shells in a net or wire cage, weighs over 70 pounds, and is not operated by hand fork.

Code – means the Fish and Aquatic Life Code [515 ILCS 5].

Commercial fishing – means the commercial harvest of both fish and crayfish.

Commercial fishermen – means any individual who uses any of the commercial fishing devices, as defined by Section 15-15 of the Fish and Aquatic Life Code (Code) [15 ILCS 5/15-15], for the taking of any aquatic life, except mussels, protected by the terms of the Code.

Commercial musselor – means any individual who takes mussels by hand, except as provided by this Part, or who uses any of the mussel devices defined by the Code for the taking of mussels protected by the terms of the Code. [515 ILCS 5/15-10]

Crib – means a pen, cage, or similar device used to hold or store fish after being sorted from a commercial fishing device as defined in 515 ILCS 5/15-15.

Daily fee fishing area – any privately owned water area that is controlled, operated or managed for fishing and utilized by persons who pay a daily fee, either directly or indirectly.

Dead fish – means fish that meet one of the following conditions:

the fish are packed on ice only while directly enroute to a fish market or processor (addition of water to iced and packed fish is not permitted);

the fish are packed dry (in box, barrel, crate, etc.) while directly enroute to a fish market or processor;

the isthmus has been severed;

the gills have been removed; or

the fish have been eviscerated.

"Department" − means the Illinois Department of Natural Resources.

Eye fork length – means the length from the anterior edge of the eye to the fork of the tail (from the front of the eye to the fork of the tail).

Fork length – means the length from the most anterior part of the fish to the tip of the median caudal fin rays (from tip of the snout to the fork of the tail).

Hand dredge (hand rake, hand powered rake) – means a mussel harvesting device weighing less than 70 pounds consisting of a metal frame having coarse teeth on the bottom to which a bag constructed of wire mesh or netting material is attached and fastened by a line to a boom attached to the bow on the boat and held on the bottom by means of a long handle.

Hand fork – means a mussel harvesting device similar in appearance to a common cornfork and utilized while wading.

Helper – means a person assisting a licensed commercial fisherman engaged in commercial fishing. A helper receiving compensation or remuneration for their assistance to a commercial fisherman is not a requirement of this definition.

Live fish – means fish that meet one of the following conditions:

the fish are being held in any type of container with water;

the fish are being held in any solution of salt, electrolyte, other substance, or combinations of these substances, used to promote health longevity; or

the fish are being maintained by addition of oxygen, or compressed or supplied air, for purposes of preserving health during captivity.

Mechanical devices – means dredges and suction devices operated by motorized (internal combustion or electrical) power used in the actual harvest of mussels and does not refer to the manner in which the mussel harvest device is raised into the boat or the device used in propelling the boat.

Moribund – means fish that meet one of the following conditions:

the fish are at the point of death; or

the fish are in terminal decline. Signs of terminal decline include, but are not limited to: loss of buoyancy, pale color, swollen abdomen, bulging or cloudy eyes, pinkish gills, or fungal infections.

Relic (dead) mussel shell – means one of which died of natural causes within the water and contains no meat or soft parts; it readily exhibits noticeable sediment, vegetation, algal or mineral stains, discolorations, soiling, weathering or other visual evidence on its interior surface which clearly and unambiguously shows the mussel shell has not been cooked-out or freshly cleaned.

Roe-bearing species – means fish species that can be commercially harvested for their roe and are limited to Shovelnose Sturgeon, Paddlefish, and Bowfin.

History

• Source: Amended at 50 Ill. Reg. 8079, effective June 1, 2026

17 Ill. Adm. Code 830.10 Waters Open to Commercial Harvest of Fish

The following Illinois waters are open to commercial harvest of fish:

a) Mississippi River and connected public (accessible by boat during normal flows or stages; see also Section 830.50) backwaters, including that portion of the Kaskaskia River below the navigation lock and dam, except:

1. Quincy Bay, including Quinssippi Island and Quincy Bay Waterfowl Management Area (except by special permit); and

2. U.S. Fish and Wildlife Service National Wildlife Refuge backwaters.

b) Illinois River and connected public (accessible by boat during normal flows or stages; see also Section 830.50) backwaters from Route 89 highway bridge downstream, except for:

1. U.S. Fish and Wildlife National Wildlife Refuge waters;

2. Donnelly/Depue State Fish and Wildlife Area;

3. Rice Lake Complex, including all of Big Lake;

4. Meredosia Lake in Cass and Morgan Counties 7 days prior to and during the central zone duck season;

5. Clear Lake in Mason County 7 days prior to and during the central zone duck season;

6. Goose Lake and portions of Upper Peoria Lake that border, and include, Woodford State Fish and Wildlife Area, 7 days prior to and during the central zone duck season;

7. Marshall State Fish and Wildlife Area, including Marshall Unit, Duck Ranch Unit, and Sparland Unit, 7 days prior to and during the central zone duck season; and

8. Route 89 highway bridge to Starved Rock Dam for the commercial removal of Bighead Carp, Silver Carp, Grass Carp and Black Carp unless authorized by a limited number of restricted period contracts.

c) Wabash River.

d) Embarras River, except from Route 130 in Coles County upstream to the Harrison Street Bridge, and except Charleston Side Channel Lake.

e) Sangamon River, downstream of Belt Route 48 southwest of Decatur to mouth in Cass County.

f) Kaskaskia River south of Route U.S. 50 Bridge to mouth in Randolph County.

g) Little Wabash River.

h) Big Muddy River south of State Route 14 highway bridge in Franklin County to mouth in Jackson County.

i) Skillet Fork River.

j) Cache River from Route 51 downstream to the Mississippi River via Cache Diversion Channel but not including that portion of the Cache River between the Cache Diversion Channel Levee and the Ohio River.

k) Saline River in Gallatin and Saline Counties.

l) Ohio River, except for:

1. Olmstead Locks and Dam downstream to a line perpendicular with the end of the longest lock wall, including the circular cell portion;

2. Smithland Dam downstream to a line perpendicular to the end of the outer lock wall; and

3. Within 50 yards of the mouth of any tributary or stream.

m) South Fork of the Sangamon River from State Highway 48 bridge downstream to the Sangamon River in Christian and Sangamon Counties.

History

• Source: Amended at 50 Ill. Reg. 8079, effective June 1, 2026

17 Ill. Adm. Code 830.11 Special Regulations for the Commercial Harvest of VHS-Susceptible Fish Species

a) Commercial fishermen shall be allowed to harvest and transport live, to a licensed wholesale aquatic life dealer, any permitted commercial species identified in Section 830.60 and in 17 Ill. Adm. Code 875.20 (except Bighead Carp, Silver Carp, Black Carp and Grass Carp which have additional requirements for live transport, see Section 830.12; and Viral Hemorrhagic Septicemia (VHS) susceptible species imported into Illinois require VHS-Susceptible Species Permits, see 17 Ill. Adm. Code 875.30).

b) Commercial fishermen who wish to transport VHS-susceptible fish species for live stocking into water bodies that are entirely privately owned must first procure a Special Circumstances Authorization (see 17 Ill. Adm. Code 875.50(b)), pursuant to 17 Ill. Adm. Code 875, through the Department Aquaculture Program, by writing to: Aquaculture Specialist, Illinois Department of Natural Resources, Aquatic Nuisance Species and Aquaculture Program, One Natural Resources Way, Springfield IL 62702‑1271 or email: DNR.Aquaculture@illinois.gov, or calling 217-782-6302, and meet all of the following conditions:

1. Commercial fishermen must have their Special Circumstances Authorization in their possession at all times while transporting VHS-susceptible fish species; and

2. All of the following information shall be documented on the back of the Authorization:

A) date of catch;

B) date of transport;

C) location fish caught;

D) destination address; and

E) private landowner's signature.

c) Commercial fishermen are allowed to harvest gizzard shad for use as bait on the waters (river reach or pool) from which they are collected.

History

• Source: Amended at 50 Ill. Reg. 8079, effective June 1, 2026

17 Ill. Adm. Code 830.12 Special Regulations for the Commercial Harvest of Bighead Carp, Silver Carp, Grass Carp and Black Carp

a) Commercial fishermen shall be allowed to harvest from the wild, and transport to a licensed wholesale aquatic life dealer, Bighead Carp, Silver Carp, Grass Carp and Black Carp, providing all of the following criteria are met:

1. The fish are dead. Transportation of dead fish is allowed if the fish meet the definition of "dead fish" in Section 830.5.

2. The fish are not transported in an aerated live tank or any other manner intended to maintain the fish alive as defined in Section 830.5 unless commercial fishermen first obtain a Restricted Species Transportation Permit (RSTP) (see 17 Ill. Adm. Code 870.60). An RSTP can be obtained through the Department Aquaculture Program at the address in Section 830.11(b).

b) With a Department approved RSTP, commercial fishermen are allowed to:

1. transport live Grass Carp to an Illinois resident or non-resident licensed wholesale aquatic life dealer, providing this facility is not located in the counties of Will, Cook or Lake. Fish must be processed or stored on ice immediately upon arrival at the facility;

2. transport live Bighead Carp, Silver Carp, Grass Carp and Black Carp directly to a crib or licensed wholesale aquatic life dealer, provided that the fish are transported not more than a 15 mile radius to or from a crib or facility, or as otherwise designated on the RSTP and that the fish are processed or stored on ice immediately upon arrival at a fish processing facility.

c) Bighead Carp, Silver Carp, Grass Carp and Black Carp may be held live in a crib provided that:

1. they are cribbed in the waters where caught (within a 15 mile radius of the crib) and not transported upstream of a lock and dam or other barrier;

2. they are removed within 72 hours; and

3. all other regulations pertaining to commercial fishing, transport and commercial fishing devices are followed.

History

• Source: Amended at 50 Ill. Reg. 8079, effective June 1, 2026

17 Ill. Adm. Code 830.13 Special Regulations for the Commercial Harvest of Roe-Bearing Species

a) Shovelnose Sturgeon may only be commercially harvested in the Mississippi River upstream of the Melvin Price Lock and Dam located in Alton (excluding the area from Lock and Dam 19 to the State Highway 9 Bridge in Niota), the Ohio River or the Wabash River. Shovelnose Sturgeon may only be commercially harvested from October 1 through May 31 from the Mississippi and Wabash River and from October 15 through May 15 from the Ohio River .

b) Shovelnose Sturgeon and Shovelnose Sturgeon X Pallid Sturgeon hybrids may not be commercially harvested from the Mississippi River downstream of Lock and Dam 26. Pallid Sturgeon are federally and State listed endangered fish species that cannot be taken and must be immediately released unharmed back to the water.

c) Paddlefish may only be commercially harvested in the Ohio River, the Illinois River below Route 89 and the Mississippi River below Lock and Dam 19. Paddlefish may only be commercially harvested from November 1 through April 15 from the Mississippi and Illinois Rivers. Paddlefish may only be commercially harvested from November 15 through April 15 from the Ohio River.

d) All commercial roe harvesters engaged in harvesting of roe-bearing species, including Shovelnose Sturgeon, Paddlefish and Bowfin, shall:

1. leave the roe of harvested Shovelnose Sturgeon, Paddlefish and Bowfin whole, intact and inside the body cavity of the fish while on the water or adjacent bank. However, the intact ovaries of Paddlefish harvested from the Mississippi or Illinois Rivers may be removed while on the water with the carcasses of the fish the ovary is harvested from being retained for identification purposes;

2. after complete retrieval of fishing tackle, commercial fishermen shall immediately remove all aquatic species that are not in compliance with size limits or are illegal species to take or possess and immediately return them without unnecessary injury to the waters from which taken, unless it is unsafe to remove fish where the net was pulled. In such case, fishermen shall immediately move to a shore area no more than ¼ mile from the location where the net was set, and then remove fish not legal for commercial fishermen to take. "Complete retrieval" means as soon as an individual piece of fishing tackle has been retrieved in whole to the fisherman's boat;

3. not kill roe-bearing species to check for eggs. Commercial roe harvesters may use a 10 or 12 gauge needle to examine roe-bearing species for the presence of eggs; and

4. not set any tackle prior to 10:00 a.m. on October 1 on the Mississippi and Wabash Rivers. Any commercial gear that is being operated under a commercial roe harvest permit prior to 10:00 a.m. on October 1 on the Mississippi or Wabash River shall be considered an illegal device.

e) Commercial Roe Permit

1. Commercial roe harvest permits shall be valid only on the water specified on the permit: the Mississippi River, the Illinois River, the Ohio River or the Wabash River. The Mississippi River will be further divided into two zones, from Lock and Dam 26 upstream to the Wisconsin border (Northern Zone) and from Lock and Dam 26 downstream to the mouth of the Ohio River (Southern Zone).

2. Commercial fishermen will be allowed to procure permits for additional zones at the same commercial roe harvest permit fee as the first permit, based on availability.

3. Commercial roe harvest permit holders shall provide an up-to-date listing of all helpers to the Department on a form provided by the Department (at the beginning of the commercial season prior to initiation of fishing activities and immediately during the commercial fishing season for any helper changes prior to initiation of fishing activities). An up-to-date helper list must be on file with the Department prior to the initiation of fishing activities. A helper is defined as anyone aboard the boat of a commercial roe harvester.

4. The Department shall have the authority to restrict the number of permits issued for each body of water in order to establish a limited entry fishery to maintain a sustainable fishery for all roe-bearing species based on the following criteria:

A) The best biological information available pertaining to maintaining a sustainable level of harvest for target fish species based on the size, structure and abundance of each population of roe-bearing species.

B) A determination of the potential impact of commercial fishing activities on other water-based recreational activities.

C) Harvest Pressure. No more than the following number of permits, unless specifically authorized by the Department by water area and type, may be issued in each commercial fishing season: 50 permits for the Mississippi North/Mississippi South Zones allowing commercial harvest of Paddlefish, Bowfin and Shovelnose Sturgeon (Shovelnose Sturgeon only in the Mississippi North Zone); 10 permits for the Ohio River/Mississippi South Zone allowing commercial harvest of Paddlefish, Bowfin and Shovelnose Sturgeon (Shovelnose Sturgeon only in the Ohio River); 35 permits for the Wabash River allowing commercial harvest of Shovelnose Sturgeon and Bowfin; and 15 permits for the Illinois River allowing commercial harvest of Paddlefish and Bowfin.

D) Commercial roe harvest permits are not transferable.

5. Application for permit (under a limited entry fishery)

A) Licensed Illinois resident commercial fishermen and licensed non-resident commercial fishermen from states with commercial fishing reciprocal agreements (Iowa, Indiana, Missouri and Kentucky) who held a commercial roe harvest permit in the previous year and provided a complete monthly report to the Department of their harvest in compliance with Section 830.90(c) each month are eligible to obtain a commercial roe harvest permit in the first computerized random drawing. To be eligible for this drawing, fishermen must also provide the following information to the Department: name, current address, date of birth and choice of water body (Mississippi River North/Mississippi River South, Wabash River, Illinois River, or Ohio River/Mississippi River South). Applications shall be submitted to the Department from June 1 through 15 and the computerized random drawing will be held on July 1. Applications postmarked after June 15 will not be included in the computerized random drawing.

B) Licensed Illinois resident commercial fishermen and licensed non-resident commercial fishermen from states with commercial fishing reciprocal agreements with Illinois are eligible to obtain a commercial roe harvest permit in the second computer random drawing if the commercial fisherman did not obtain a permit in the July computerized random drawing or desires to obtain a permit for additional water bodies. To be eligible for the second computerized random drawing, fishermen must also provide the following information to the Department: name, current address, date of birth and choice of water body (Mississippi River North/Mississippi River South, Wabash River, Illinois River or Ohio River/Mississippi River South). Applications shall be submitted to the Department from August 1 through 15. Applications postmarked after August 15 will not be included in the second computerized random drawing. If there are more applications than available permits, a computerized random drawing will be held on August 31 and successful applicants will be issued a permit.

C) Any remaining permits will be allocated on a first-come, first‑served basis.

6. Penalties for Violations

Any commercial fisherman who is found guilty of violating any of the regulations in this Section or committing any commercial fishing violation pursuant to the Fish and Aquatic Life Code involving the taking or attempted taking of any roe-bearing species shall have his or her commercial roe harvest permit revoked and his or her privileges suspended for a period of 36 months from the date indicated in the Department's Notice of Suspension. The procedure by which suspensions and revocations are made, the determination of the dates of the suspensions, the rights of the licensee to notice and hearing, and the procedures governing those hearings are set forth in 17 Ill. Adm. Code 2530.

History

• Source: Amended at 50 Ill. Reg. 8079, effective June 1, 2026

17 Ill. Adm. Code 830.14 License Requirements

a) All commercial fishermen shall have a commercial fishing license. [515 ILCS 5/15-5(b)] All helpers assisting a licensed commercial fisherman shall have a commercial fishing license unless these helpers are under the direct supervision of and aboard the same watercraft as the licensed commercial fisherman.

b) All commercial fishermen shall obtain a sport fishing license in addition to their commercial fishing license, unless they are exempted from being required to obtain a sport fishing license under the Code. All helpers assisting a licensed commercial fisherman shall first obtain a sport fishing license, unless they are exempted from being required to obtain a sport fishing license under the Code.

c) All commercial fishermen shall procure a commercial roe harvest permit in addition to their commercial fishing and sport fishing license before taking roe‑bearing species with commercial fishing devices from the waters of the State legally open to commercial fishing. [515 ILCS 5/15-46(a)]

d) Reciprocity with Neighboring States – All Illinois-licensed commercial fishermen shall conform to the regulations of the state in which they are fishing, unless the Illinois regulations are more restrictive than the other state. When the Illinois regulation is more restrictive, the Illinois licensed commercial fisherman must conform to the Illinois regulation. All reciprocal agreement neighboring state licensed commercial fisherman shall conform with Illinois laws when fishing in Illinois.

1. The State of Illinois will recognize and accept as valid the commercial fishing license issued by the State of Iowa when legally possessed and used on the Mississippi River proper. This includes any backwater lakes and bayous contiguous with the flow of waters in the main channel, subject to the following conditions:

A) No device or equipment is attached to the main bank of the Mississippi River under the jurisdiction of the State of Iowa; and

B) No fishing is conducted in any Iowa tributaries.

2. Pursuant to the reciprocal agreement for the Mississippi River between the States of Iowa and Illinois, the center of the navigation channel as surveyed by the U.S. Army Corps of Engineers shall constitute the boundary between the States of Illinois and Iowa.

3. The State of Illinois will recognize and accept as valid the commercial fishing license issued by the State of Missouri when legally possessed and used on the Mississippi River proper, subject to the following conditions:

A) No device or equipment is attached to the main bank of the Mississippi River under the jurisdiction of the State of Missouri; and

B) No fishing is conducted in any Missouri tributaries.

4. Pursuant to the reciprocal agreement for the Mississippi River between the States of Missouri and Illinois, the center of the navigation channel as surveyed by the U.S. Army Corps of Engineers shall constitute the boundary between the States of Illinois and Missouri, except in situations where it is clearly shown to be elsewhere.

5. The State of Illinois will recognize and accept as valid the commercial fishing license issued by the State of Kentucky when legally possessed and used on the Ohio River, excluding embayments and tributaries, defined as a straight line between opposite points where the tributary or embayment connects with the main body of the Ohio River.

6. Illinois commercial fishermen shall abide by Kentucky's restricted areas below the locks and dams in this shared section of the Ohio River.

7. The State of Illinois will recognize and accept as valid the commercial fishing license issued by the State of Indiana when legally possessed and used on the Wabash River proper, subject to the following conditions:

A) No fishing is conducted beyond the natural and ordinary river banks of the state in which the commercial fisherman is not licensed to fish;

B) No fishing is conducted from land attached to or taxed by the state in which the commercial fisherman is not licensed to fish;

C) No fishing is conducted in any tributaries, bayous or backwaters of the state in which the commercial fisherman is not licensed to fish;

D) No device or equipment is attached to land under the jurisdiction of the state in which the commercial fisherman is not licensed to fish; and

E) Commercial fishermen fishing beyond the center of the main channel in waters they are not licensed to fish must comply with all the laws, rules and regulations of the adjoining state.

8. Pursuant to the reciprocal agreement for the Wabash River between the States of Indiana and Illinois, the center of the navigation channel as surveyed by the U.S. Army Corps of Engineers shall constitute the boundary between the States of Illinois and Indiana.

9. The reciprocal agreements entered into between Illinois and neighboring states are incorporated by reference, with no later editions or amendments, and available on the Department's website.

A) RECIPROCAL AGREEMENT BETWEEN THE STATES OF ILLINOIS AND IOWA, (MISSISSIPPI RIVER) (1984)

B) RECIPROCAL AGREEMENT ON THE MISSISSIPPI RIVER BETWEEN THE STATES OF ILLINOIS AND MISSOURI (2000)

C) RECIPROCAL FISHING LICENSE AGREEMENT BETWEEN KENTUCKY DEPARTMENT OF FISH AND WILDLIFE RESOURCES and ILLINOIS DEPARTMENT OF NATURAL RESOURCES (2025)

History

• Source: Amended at 50 Ill. Reg. 8079, effective June 1, 2026

17 Ill. Adm. Code 830.15 Waters Open to Commercial Harvest of Crayfish

The Illinois River and connected public (accessible by boat during normal flows or stages; see Section 830.50) backwaters from the Route 89 highway bridge downstream are open to commercial harvest of crayfish, except for:

a) U.S. Fish and Wildlife National Wildlife Refuge waters;

b) Donnelly/Depue State Fish and Wildlife Area;

c) Rice Lake Complex, including all of Big Lake;

d) Meredosia Lake in Cass and Morgan Counties 7 days prior to and during the central zone duck season; and

e) Clear Lake in Mason County 7 days prior to and during the central zone duck season.

History

• Source: Amended at 50 Ill. Reg. 8079, effective June 1, 2026

17 Ill. Adm. Code 830.20 Waters Open to Commercial Harvest of Mussels and Seasons

a) Mississippi River and connected public (accessible by boat during normal flows or stages; see Section 830.50) backwaters are open to commercial harvest of mussels from April 1 to September 30 inclusive, except for the following areas:

1. All of the area directly above Lock and Dam 12 (RM 556.7) from the center of the navigation channel east to the Illinois shoreline and northward to a line extending from RM 558.4 to the Blanding's Landing boat ramp, including but not limited to all of the area contained within the designated U.S. Military Reservation area.

2. All of the waters contained within Sylvan Slough from the Interstate 74 highway bridge (RM 485.8) west to the lower tip of Arsenal Island (RM 482.6).

3. All of the area north of and perpendicular to the center line of the navigation channel to the Illinois shoreline lying between RM 433.0 (New Boston Boat Launching Ramp) to RM 433.8 (lower tip of the first upstream island along the Illinois shoreline).

4. Pontoosuc Bay contained within and described as that area from the center of the main navigation channel and perpendicular to the Illinois shoreline located between RM 388.0 (Pontoosuc light and daymark) and RM 390.2 (Dallas City boat access area).

5. All of the area southward of the center of the navigation channel and perpendicular to the Illinois shoreline on a line from the Des Moines River daymark (Iowa side) and the Des Moines River lighted buoy (Illinois side), both of which are at RM 361.7, to Lock and Dam 19 (RM 364.5) including any slough channels of the Mud Island area along the Illinois side.

6. All of the area east of the center of navigation channel and perpendicular to the Illinois shoreline between RM 314.0 (Whitney light and daymark) and RM 316.0 (Hadley Island Goale light and daymark).

7. All of the area east of the center of navigation channel and perpendicular to the Illinois shoreline between River Mile 238.4 (Hasting's Landing light and daymark) and River Mile 246.8 (Turner Landing light and daymark).

8. U.S. Fish and Wildlife Service National Wildlife Refuge Waters.

b) Ohio River and connected public (accessible by boat during normal flows or stages; see Section 830.50) backwaters are open to commercial harvest of mussels from April 1 to September 30 inclusive.

c) Illinois River, from the LaGrange Lock and Dam downstream to the confluence of the Mississippi and Illinois Rivers at Grafton are open to commercial harvest of mussels from April 1 through September 30 inclusive.

d) Wabash River is open to commercial harvest of mussels from April 1 through September 30.

History

• Source: Amended at 50 Ill. Reg. 8079, effective June 1, 2026

17 Ill. Adm. Code 830.25 Daily Fee Fishing Area

a) Persons wishing to obtain a fee fishing area license shall submit an application to the Department that contains all of the following information:

1. the legal location of the site for which the license is intended;

2. the size and number of water bodies located at the site;

3. source of fish for stocking; and

4. species of fish to be stocked.

b) A representative of the Department shall inspect the proposed site and approve the fee fishing area application, providing all of the following criteria are met:

1. the applicant is deemed capable of supervising a property of this character;

2. the site is suitable for the purpose intended, but water bodies that are controlled, operated or managed as private club lakes, organizational lakes or lake developments are not eligible to receive a daily fee fishing area license;

3. the operation of the property is not a menace or being established contrary to the laws of the State of Illinois;

4. the operation of the fee fishing area will not work a fraud upon individuals utilizing the facilities; and

5. Issuance of the license will be in the public's interest. [515 ILCS 5/20-95]

c) The fee for a fee fishing area license shall be $50 annually, and the license shall expire on March 31 following its issuance.

d) The Department may refuse to issue, refuse to renew, suspend, or revoke any license issued under this Section if the Department finds that the licensed area or its operator is not in compliance with this Section. The Department, however, shall not refuse to issue or renew, or suspend or revoke, any license for any cause other than the protection of public health and safety or if the area is operated unlawfully, unless the licensee affected is given at least 15 days notice, in writing, of the reasons for the action of the Department and given an opportunity to appear before the Department or its representative in opposition to the action of the Department. [515 ILCS 5/20-95]

History

• Source: Amended at 50 Ill. Reg. 8079, effective June 1, 2026

17 Ill. Adm. Code 830.30 Special Regulations

a) Commercial fishing and musseling will not be permitted in any streams, ditches, or tributaries connected to the backwaters of the waters listed in Sections 830.10, 830.15 or 830.20.

b) Any person harvesting mussels for commercial use may possess during the open season only those mussels identified in Section 830.60 of legal size as established by Section 830.70. Mussels smaller than the legal size and all mussels not identified in Section 830.60 must be immediately returned to the mussel bed or location from which they were taken.

c) It shall be illegal to possess commercially harvested mussel shells more than 15 days after the close of the season (October 15) without a mussel dealer license.

d) Paddlefish may not be commercially harvested except in the Ohio River, the Illinois River below Route 89, and in the Mississippi River below Lock and Dam 19.

e) Commercial fishing devices must be checked and emptied of catch at the following time intervals:

1. Hoop nets and basket traps must be attended at least once every 72 hours during open water conditions. During ice cover conditions, hoop nets and basket traps must be attended at least once every 20 days.

2. Trammel and gill nets must be attended at least every 24 hours during open water conditions, except when operating under a commercial roe harvester permit. When operating and taking or possessing roe-bearing species, nets must be attended from 10 a.m. to 4 p.m. During ice cover conditions, trammel and gill nets must be attended at least every 96 hours.

3. Trotlines and other hook and line devices must be checked at least every 24 hours.

4. Seines and trammel or gill nets fished by driving or drifting methods must be constantly attended.

5. Commercial gear containing dead or moribund fish as a result of failure to check gear and empty catch shall be considered an illegal device.

f) Department approved crayfish species listed in Section 830.60(c) may be taken by licensed commercial fishermen with legal seine only on waters open to the commercial harvest of crayfish. Any species not listed in Section 830.60(c) shall not be imported or possessed alive without a letter of authorization from the Department to import or possess those species (see 17 Ill. Adm. Code 870.10).

g) Department approved crayfish species listed in Section 830.60(c) may be possessed and used as live bait by licensed commercial fishermen on the same body of water where legally taken. Any species not listed in Section 830.60(c) shall not be imported or possessed alive without a letter of authorization from the Department to import or possess those species (see 17 Ill. Adm. Code 870.10).

h) No aquatic life species listed as endangered or threatened by the federal government or the State are authorized to be taken under this Part.

History

• Source: Amended at 50 Ill. Reg. 8079, effective June 1, 2026

17 Ill. Adm. Code 830.40 Devices

a) Commercial Fishing

1. Devices used in the waters listed in Section 830.10 shall conform to all regulations as outlined in Article 15 of the Fish and Aquatic Life Code [515 ILCS 5/Art.15]. Hoop nets, basket traps, trot lines and dip nets may be used in all of the aforementioned waters.

2. It shall be unlawful:

A) To use trammel nets and gill nets except in the Illinois River up to Route 89 Highway bridge, the Ohio River and the Mississippi River, unless authorized by a Special Use Permit issued pursuant to Section 830.80;

B) To use seines except in the Illinois, Mississippi, Ohio and Wabash Rivers (except seining will not be permitted in Boston Bay and its connected backwaters above the mouth of Boston Bay in Mercer County) unless authorized by a Special Use Permit issued pursuant to Section 830.80; and

C) To use trammel nets or gill nets in the Ohio River with less than 4 inch bar mesh measurement, except that, from April 16 through November 14, bar mesh measurement cannot be less than 4 inches or greater than 4.5 inches.

D) To use a commercial fishing device as a crib.

b) Commercial Musseling

1. Devices used in waters open to commercial musseling shall conform to all regulations as outlined in this subsection (b) and in Articles 1 and 15 of the Fish and Aquatic Life Code [515 ILCS 5/Arts. 1 and 15].

2. It shall be unlawful:

A) To use hand forks;

B) To use basket dredges, mechanical devices or hand dredges in the taking of mussels;

C) To harvest mussels in the Ohio River except by using crowfoot bars; and

D) To tether or hold mussels in any containment device. Mussels must be taken to the boat or released each day.

3. Brail or crowfoot bars must be 20 feet or less in length. No more than 3 bars may be possessed in each boat.

c) Crayfish Harvest

Seines are the only commercial devices legal to use to commercially harvest crayfish in waters open to the commercial harvest of crayfish. They can be of any length, but not more than 6 feet in depth with a bag not more than 6 feet in height with a mesh no greater than ½ inch bar measurement.

History

• Source: Amended at 50 Ill. Reg. 8079, effective June 1, 2026

17 Ill. Adm. Code 830.50 Permission

Commercial fishermen and musselors are responsible for obtaining permission to carry out fishing or musseling activity from the landowner or landowners controlling portions of the aforementioned waters where the commercial fishing or musseling activity will occur. Landowner permission is required to carry out commercial fishing or musseling activity on private property in all situations, including during high water conditions that make the property wholly accessible by boat.

History

• Source: Amended at 50 Ill. Reg. 8079, effective June 1, 2026

17 Ill. Adm. Code 830.60 Species

a) The following species of fish may be taken by licensed commercial fishermen:

1. The following species of the Carp family (Cyprinidae):

Common Carp – Cyprinus carpio

Goldfish – Carassius auratus

2. The following species of the Sharpbellies family (Xenocyprididae):

Bighead Carp – Hypophthalmichthys nobilis

Silver Carp – Hypophthalmichthys molitrix

Grass Carp – Ctenopharyngodon Idella

Black Carp – Mylopharyngodon piceus

3. The following species of the Minnow family (Leuciscidae):

Golden Shiner – Notemigonus crysoleucas

Creek Chub – Semotilus atromaculatus

Lake Chub – Coesius plumbeus

Hornyhead Chub – Nocomis biguttatus

Speckled Chub – Macrhybopsis aestivalis

Silver Chub – Macrhybopsis storeriana

Blacknose Dace – Rhinichthvs atratulus

Longnose Dace – Rhinichthys cataractae

Suckermouth Minnow – Phenacobius mirabilis

Emerald Shiner – Notropis atherinoides

River Shiner – Notropis blennius

Ghost Shiner – Notropis buchanani

Bigmouth Shiner – Notropis dorsalis

Spottail Shiner – Notropis hudsonius

Rosyface Shiner – Notropis rubellus

Silverband Shiner – Notropis shumardi

Sand Shiner – Notropis stramineus

Mimic Shiner – Notropis volucellus

Ribbon Shiner – Lythrurus fumeus

Redfin Shiner – Lythrurus umbratilis

Red Shiner – Cyprinella lutrensis

Spotfin Shiner – Cyprinella spiloptera

Steelcolor Shiner – Cyprinella whipplei

Striped Shiner – Luxilus chrysocephalus

Common Shiner – Luxilus cornutus

Silverjaw Minnow – Ericymba buccata

Southern Redbelly Dace – Phoxinus erythrogaster

Silvery Minnow – Hybognathus nuchalis

Bluntnose Minnow – Pimephales notatus

Fathead Minnow – Pimephales promelas

Bullhead Minnow – Pimephales vigilax

Central Stoneroller – Campostoma anomalum

Largescale Stoneroller – Campostoma oligolepsis

4. The following species of the Sucker family (Catostomidae):

Bigmouth Buffalo – Ictiobus cyprinellus

Black Buffalo – Ictiobus niger

Smallmouth Buffalo – Ictiobus bubalus

River Carpsucker – Carpiodes carpio

Quillback – Carpiodes Cyprinus

Highfin Carpsucker – Carpiodes carpio

White Sucker – Catostomus commersonii

Blue Sucker – Cycleptus elongatus

Spotter Sucker – Minytrema melanops

Western Creek Chubsucker – Erimyzon claviformis

Lake Chubsucker – Erimyzon sucetta

Northern Hog Sucker – Hypentelium nigricans

Silver Redhorse – Moxostoma anisurum

Black Redhorse – Moxostoma duquesnei

Golden Redhorse – Moxostoma erythrurum

Shorthead Redhorse – Moxostoma macrolepidotum

5. Freshwater Drum (Aplodinotus grunniens)

6. The following species of the freshwater Catfish family (Ictaluridae):

Blue Catfish – Ictalurus furcatus

Flathead Catfish – Pylodictis Olivaris

Channel Catfish – Ictalurus punctatus

Yellow Bullhead – Ameiurus natalis

Brown Bullhead – Ameiurus nebulosus

Black Bullhead – Ameiurus melas

7. The following species of the roe-bearing fish group:

Paddlefish – Polydon spathula, only in waters specified in Section 830.13 (roe harvester permit required)

Bowfin – Amia calva, roe harvester permit required from October 1 through May 31

Shovelnose Sturgeon – Scaphirhynchus platorynchus, only in waters specified in Section 830.13) (roe harvester permit required)

8. The following species of the Mooneye family (Hiodontidae):

Goldeye – Hiodon alosoides

Mooneye – Hiodon tergisus

9. The following species of the Gar family (Lepisosteidae):

Longnose Gar – Lepisosteus osseus

Shortnose Gar – Lepisosteus platostomus

Spotted Gar – Lepisosteus oculatus

10. The following species of the Clupeidae family:

Gizzard Shad – Dorosoma cepedianum

Threadfin Shad – Dorosoma petenense

11. American Eel (Anguilla rostrata)

b) It is unlawful to have a crib containing any sub-legal sized commercial fish species or any species not considered a commercial fish.

c) The following species of crayfish are legal to possess and may be taken by licensed commercial fishermen with legal commercial devices (seines only):

White River Crayfish – Procambarus acutus

Papershell Crayfish – Faxonius immunis

Northern (Virile) Crayfish – Faxonius virilis

Devil Crayfish – Lacunicambarus nebrascensis and L. polychromatus

d) The following species of mussels may be taken by licensed commercial musselors:

Basket Clams – Corbicula spp.

History

• Source: Amended at 50 Ill. Reg. 8079, effective June 1, 2026

17 Ill. Adm. Code 830.70 Size and Creel Limit

a) No Channel Catfish, Blue Catfish, Flathead Catfish or White Catfish under 15 inches in length, undressed, or 12 inches in length, dressed, or 10.7 inches when dressed with the first vertebrae (T bone) removed, may be taken except in the Ohio River and Wabash River.

b) No Shovelnose Sturgeon under 24 inches or over 32 inches in length may be taken from the Mississippi River or the Ohio River. No Shovelnose Sturgeon under 25 inches in length may be taken from the Wabash River. All Shovelnose Sturgeon shall be measured using fork length.

c) No Paddlefish less than 28 inches in length may be taken from the Illinois or Mississippi Rivers, no Paddlefish less than 32 inches may be taken from the Ohio River. All Paddlefish shall be measured using the eye fork length.

d) No Channel Catfish, Blue Catfish or Flathead Catfish less than 13 inches in total length may be taken from the Wabash and Ohio Rivers. Only one Channel Catfish per day equal to or greater than 28 inches may be harvested from the Wabash and Ohio Rivers. Only one Blue Catfish and one Flathead Catfish per day equal to or greater than 35 inches may be harvested from the Wabash or Ohio Rivers.

History

• Source: Amended at 50 Ill. Reg. 8079, effective June 1, 2026

17 Ill. Adm. Code 830.80 Commercial Fishing and Musseling in Additional Waters

a) Additional public waters may be open to targeted commercial fishing or musseling by a Special Use Permit. Any licensed commercial fisherman or musselor who wishes to fish in any water not listed under Sections 830.10, 830.20 or 830.80(i) must request permission from the Division of Fisheries. The Division will determine whether the fish, crayfish or mussel resource can support such activity and whether the activity is in the best interests of the general public. If so, the Department shall issue a Special Use Permit for targeted removal specifying the type of gear, season, species of fish, crayfish or mussel that shall be removed, and any other regulations as shall be necessary to protect the resource.

b) The standards for determining whether or not an additional fishery will be open to targeted commercial fishing or musseling shall include: a biological sampling of the commercial fish, crayfish or mussel population to determine the relative abundance of the species present; an assessment of the impact of commercial fishing or musseling gear on sport fish, crayfish or mussel populations; a determination of the potential impact of commercial fishing or musseling activities on other water-based recreation; a determination of whether the fish are safe for public consumption (U.S. Food and Drug Administration standards are followed (21 CFR 109.30 (2024)); and a fair and equitable allocation of commercial fishing or musseling opportunities.

c) For commercial fishing, in addition to the criteria listed in subsection (b), the specific criteria that must be met for areas to be open or remain open to commercial harvest of selected fish includes: the results of a biological survey of the fish population present that indicates the total biomass of fish species listed in Section 830.60(a), with the exception of catfish, paddlefish and shovelnose sturgeon, is more than the combined biomass of the sport fishes listed in subsection (d).

d) The following fishes shall be considered "sport fishes" for the purposes of determining whether a body of water meets the criteria established under subsection (c):

1. The following species of the Sunfish family (Centrarchidae):

Black Crappie – Pomoxis nigromaculatus

Bluegill – Lepomis macrochirus

Largemouth Bass – Micropterus salmoides

Rock Bass – Ambloplites rupestris

Redear Sunfish – Lepomis microlophus

Smallmouth Bass – Micropterus dolomieu

Spotted Bass – Micropterus punctulatus

White Crappie – Pomoxis annularis

2. The following species of the Catfish family (Ictaluridae):

Blue Catfish – Ictalurus furcatus

Brown Bullhead – Ameiurus nebulosus

Black Bullhead – Ameiurus melas

Channel Catfish – Ictalurus punctatus

Flathead Catfish – Pylodictis olivaris

Yellow Bullhead – Ameiurus natalis

3. The following species of the Pike family (Esocidae):

Muskellunge – Esox masquinongy

Northern Pike – Esox lucius

4. The following species of the Perch family (Percidae):

Sauger – Sander canadensis

Saugeye (Sauger X Walleye hybrid) – S. canadensis X.S. vitreus

Walleye – Sander vitreus

Yellow Perch – Perca flavescens

5. The following species of the Temperate Bass family (Moronidae):

Striped Bass – Morone saxatilis

Striped Bass X White Bass hybrid – M. saxatilis X M. chrysops

White Bass – Morone chrysops

e) Commercial fishing or musseling Special Use Permits will not be issued:

1. for non-commercial purposes; or

2. if a commercial fisherman has been found guilty of violating any of the regulations in this Part or committing any commercial violation pursuant to the Fish and Aquatic Life Code [515 ILCS 5/15] during the past 12 months.

f) Commercial fishing Special Use Permits may be issued for private bodies of water at the request of the owner or the owner's authorized agent, if all of the following conditions have been satisfied:

1. The body of water is completely encompassed by land that is owned by an individual, leased by a tenant residing upon it, or controlled by ownership or lease by a private club or association.

2. The commercial fisherman has obtained permission in writing from the owner, tenant or private club who controls the property and either:

A) None of the commercially-harvested fish are offered for barter or sale; or

B) If commercially-harvested fish are offered for barter or sale, either:

i) the fish must be tested and found safe for public consumption (FDA standards are followed (21 CFR 109.30 (2024))); or

ii) the fish are sold to a market utilizing them for a product other than human consumption.

g) Application procedures for targeted commercial fish removal Special Use Permits for the waters identified under subsections (h) and (i):

1. Illinois resident and non-resident commercial fishermen can submit an application for a Special Use Permit from June 1 through 15 of each year for any of the waters designated in subsection (h) or (i). Legally licensed Illinois resident commercial fishermen and non-resident commercial fishermen from states with commercial fishing reciprocal agreements (Iowa, Indiana, Missouri and Kentucky) who were issued a commercial fish removal Special Use Permit in the previous year for the water body to which they are submitting an application and successfully harvested a minimum of 1,000 pounds of fish and abided by all provisions of the permit are eligible to obtain a Special Use Permit in the first computerized random drawing. In addition to the previously stated qualifications, to be eligible for this drawing, fishermen must provide the following information to the Department: name, current address, date of birth, choice of water body (see subsections (h) and (i)). If there are more applications than permits available, a computerized random drawing will be conducted on July 1 to allocate available permits.

2. Illinois resident and non-resident commercial fishermen from states with commercial fishing reciprocal agreements (Iowa, Indiana, Missouri and Kentucky) who did not obtain a permit in the first drawing or who desire an additional Special Use Permit can submit an application on July 1 through 15 of each year for any of the waters designated in subsection (h) or (i) for any remaining permits. If there are more applications than permits available, a drawing will be conducted on July 31 to allocate available permits.

3. Any permits remaining after the first two allocations will be issued on a first come-first served basis.

h) The following water bodies will be open to commercial removal of selected fish species under a Special Use Permit to be allocated pursuant to subsection (g) and subject to subsection (f):

1. Rock River – divided into 6 sections with one Special Use Permit allocated per section

2. Rend Lake – maximum of 25 Special Use Permits

3. Carlyle Lake – maximum of 25 Special Use Permits

4. Mississippi River State Fish and Wildlife Area – maximum of 15 Special Use Permits

5. Anderson Lake State Fish and Wildlife Area – maximum of 15 Special Use Permits

6. Otter Creek in Green County (from the Route 100 crossing downstream to the Illinois River) – maximum of 2 Special Use Permits

7. Macoupin Creek in Jersey and Green Counties (from the Reddish Ford Bridge downstream to the Illinois River) – maximum of 2 Special Use Permits

8. Quincy Bay – maximum of 3 Special Use Permits

9. Horseshoe Lake in Alexander County – Maximum of 5 Special Use Permits

10. Horseshoe Lake in Madison County – Maximum of 5 Special Use Permits

11. Taylorville City Lake – Maximum of 1 Special Use Permit

12. Clinton Lake – Maximum of 1 Special Use Permit

13. Rice Lake – Maximum of 15 Special Use Permits

14. Frank Holten State Park Lakes – Maximum of 1 Special Use Permit

15. LaMoine River – Maximum of 10 Special Use Permits

16. Spoon River – Maximum of 10 Special Use Permits

17. Washington County Lake – Maximum of 1 Special Use Permit

18. Mermet Lake – Maximum of 1 Special Use Permit

19. Powerton Lake – Maximum of 1 Special Use Permit

20. Lake Decatur – Maximum of 1 Special Use Permit

21. Bay Creek – Maximum of 2 Special Use Permits

22. Kiser Creek – Maximum of 2 Special Use Permits

23. Sweede Lake – Maximum of 2 Special Use Permits

24. Lake Shelbyville – Maximum of 25 Special Use Permits

i) The following water bodies, all currently open to commercial fishing under Section 830.10, will be open to commercial removal of selected fish species with the use of trammel and gill nets under a Special Use Permit to be allocated pursuant to subsection (g) and subject to subsection (f):

1. Kaskaskia River – maximum of 20 Special Use Permits

2. Sangamon River – maximum of 15 Special Use Permits

3. Big Muddy River – maximum of 10 Special Use Permits

4. Saline River – maximum of 6 Special Use Permits

j) For any U.S. Fish and Wildlife Service (USFWS) special use permit issued to commercial fisherman for commercial harvest of selected fish species within USFWS National Wildlife Refuge areas, a Special Use Permit pursuant to subsection (a) must be obtained from the Department. All Illinois laws and regulations apply.

History

• Source: Amended at 50 Ill. Reg. 8079, effective June 1, 2026

17 Ill. Adm. Code 830.90 Revocation and Suspension of Commercial Fishing and Musseling Privileges, Hearings and Appeals and Reporting Requirements

a) In accordance with Section 20-105 of the Fish and Aquatic Life Code [515 ILCS 5/20-105], failure to comply with the provisions of the Fish and Aquatic Life Code of Illinois pertaining to commercial fishing and/or musseling in Illinois waters and this Part will result in suspension or revocation of the commercial fishing and/or musseling licenses. The procedure by which suspensions and revocations are made, the rights of commercial fishermen and musselors to notice and hearing, and the procedures governing such hearings are set forth in 17 Ill. Adm. Code 2530 (Revocation Procedures for Conservation Offenses).

b) Where waters of the State are open to commercial fishing or musseling by contract, the contract will be revoked upon failure of the contractor to comply with all terms of the contract. Furthermore, any violation of a contract issued by the Director of the Department of Natural Resources or the Director's agents shall be considered a violation of this Part and subject any offending party to the penalties as set forth in Sections 20-35 and 20-105 of the Fish and Aquatic Life Code.

c) Commercial fishermen shall submit an accurate monthly record of the fish and/or crayfish harvested to the Department by the 10th of each month following harvest, whether or not any fish and/or crayfish were harvested. Commercial fishermen shall report an accurate record of their harvest by completing forms provided by the Department that includes date, location, type of gear used, species, undressed weight and if sold, the location sold and price per pound. Records shall be open for inspection by employees of the Department at all times and retained for a period of 2 years after submission of all associated reports.

d) Commercial roe harvesters shall submit an accurate monthly record containing the following information: the undressed weight of roe-bearing species, the unprocessed weight of roe from these fishes, and the name, address and date of sale to whom the roe was sold or given. This information shall be submitted to the Department by the 10th of the month following harvest. Submission of these reports is required whether or not roe-bearing species were harvested.

e) Commercial roe dealers shall submit to the Department by the 10th of the month following harvest an accurate record containing the unprocessed and processed weights of roe purchased, the date of transaction, the name, address and license number of the commercial roe harvesters, as well as the weight, name, address and date of sale. These reports are required whether or not roe was purchased.

f) Holders of a commercial mussel harvest license shall submit an accurate record of the types and pounds of each species of mussel and/or relic mussel shells harvested or purchased on a monthly basis during the season by the 10th of each month following harvest, whether or not any mussels or mussel shells were harvested. Reports must be submitted on official Department of Natural Resources report forms.

g) Holders of a commercial mussel dealers license shall submit an accurate record of the types and pounds of each species of mussel and/or relic mussel shells purchased on a monthly basis during the season by the 10th of each month following purchase, whether or not any mussels or mussel shells were purchased. Reports must be submitted on official Department of Natural Resources report forms.

h) Failure of licensed commercial roe harvesters, roe dealers, mussel harvesters, mussel dealers, fishermen or musselors to submit the required reports in a manner and timeframe specified by the Department is a petty offense subject to the penalties set forth in Section 20-35 of the Code and shall be grounds for the Department to refuse to issue any license under this Part.

History

• Source: Amended at 50 Ill. Reg. 8079, effective June 1, 2026

17 Ill. Adm. Code 850.5 Introduction

All fish of whatever kind found in the waters of Lake Michigan within the jurisdiction of this state, shall be and are declared to be the property of the state and the taking thereof is declared to be a privilege. All fish in these waters shall be taken, transported, sold and possessed only in accordance with the provisions of this Rule.

History

• Source: Amended at 6 Ill. Reg. 3846, effective March 31, 1982

17 Ill. Adm. Code 850.10 Possession and Identification of Gear

a) Licensed commercial fishermen may take bloater chub and yellow perch in Lake Michigan only with gill nets that have meshes of not more than 2¾ inch diagonal stretched measurement nor less than 2⅜ inch diagonal stretched measurement. All gill nets used to take such fish in the Illinois waters of Lake Michigan shall not have a vertical width of more than twenty (20) meshes.

b) Gill nets found on any vessels not conforming to the 2⅜ through 2¾ inch diagonal stretched measurement requirement shall be prima facie evidence that such nets are illegally used and subject to confiscation and disposition [515 ILCS 5/1-215].

c) It shall be unlawful to set any legal gill net in Lake Michigan unless such net is properly marked at each end with a buoy having a staff of not less than 6 feet in height to which a colored flag is secured, and the name, city or town of residence, and the license number of the licensee is attached to the flag, staff, or upper surface of the bowl of each buoy attached to the ends of the net. In addition, during the period from April 1 through October 31 all commercial gill nets placed in waters of 20 fathoms or less in depth shall have placed within 25 feet of the net at intervals of not more than 3600 feet a float not less than 3 gallons in size with 50% of the outer surface colored in orange. During the period from December 1 through March 31 only, wooden boards of at least 8 feet in length may be used at the ends of the net and must also comply with the marking provisions as defined in this Section.

History

• Source: Amended at 19 Ill. Reg. 10568, effective July 1, 1995

17 Ill. Adm. Code 850.20 Quota

a) Harvest quotas will be reviewed annually and will be established by the Department for each license fishing year taking into consideration the condition and supply of Lake Michigan fish stocks.

b) For each license year beginning April 1 and ending March 31, annual total harvest quota of 0 pounds (round weight) of yellow perch and 125,000 pounds (dressed weight) of bloater chubs will be permitted. These annual total harvest quotas shall be divided equally among each licensee at the beginning of each license year. Upon reaching their share of the annual harvest quota for each species, each commercial license holder shall terminate fishing for that species for the remainder of the current license year. It shall be unlawful to possess other species except smelt and alewife incidentally caught in bloater chub and yellow perch gill nets, fished in compliance with this Part and the Illinois Fish and Aquatic Life Code. All other species must be removed immediately from the gill nets as they are brought on board the vessel and returned to the water at once in the same condition as taken.

History

• Source: Amended at 21 Ill. Reg. 5553, effective April 19, 1997

17 Ill. Adm. Code 850.25 Seasons

The commercial harvest of yellow perch is prohibited from May 1 through June 15, inclusive, annually. All yellow perch incidentally caught in gill nets during this time must be removed immediately from the gill nets as they are brought on board the vessel and returned to the water at once in the same condition as taken.

History

• Source: Amended at 44 Ill. Reg. 4040, effective February 26, 2020

17 Ill. Adm. Code 850.30 Restricted Commercial Fishing Areas

a) During the months of July and August, commercial gill net fishing may be undertaken anywhere in the Illinois portion of Lake Michigan outside of the 1,000 yard distance from any pier, breakwater, or similar structure, or the low water mark on the shore. From the months of September through April and from June 16 through June 30, inclusive, commercial fishermen must fish in water depths of at least 5 fathoms (30 feet) or deeper to minimize incidental catch of salmon and trout.

b) The following described area in Lake Michigan is established as fish refuge and it shall be unlawful for any person to place any commercial fishing device in it: all waters on or adjacent to any area commonly referred to as Julian's Reef, located in a general area bounded by 42 16'00" north latitude on the north, 87 29'00" west longitude on the east, 42 11'00" north latitude on the south and 87 35'00" west longitude on the west, on U.S. lake survey navigational chart #75, edition of April 1972 (National Oceanic and Atmospheric Administration).

c) During the months of August and September, all gill nets set in the Illinois portion of Lake Michigan in waters up to 20 fathoms (120 feet) in depth shall not be set prior to sunrise and must be removed from the water prior to sunset on the same day.

d) From May 1 through June 15, inclusive, all gill nets must be placed in waters greater than 20 fathoms (120 feet) in depth to minimize the incidental catch of yellow perch.

History

• Source: Amended at 44 Ill. Reg. 4040, effective February 26, 2020

17 Ill. Adm. Code 850.40 Limited Entry

a) The Department may issue 5 commercial licenses for taking yellow perch and bloater chub. Each licensee may fish only with the fishing vessel designated on each license.

b) Any individual or corporate license holder who continues to meet eligibility requirements in Section 850.50 will receive priority for available licenses over new commercial fishing candidates.

c) At times determined by the Director, the Department will advertise a public drawing to accept new qualified commercial fishing candidates and establish a ranking order, based on the result of the drawing, for these new candidates to fill open Lake Michigan commercial fishing licenses. This ranking order shall be used until the list of eligible candidates is exhausted.

History

• Source: Amended at 44 Ill. Reg. 4040, effective February 26, 2020

17 Ill. Adm. Code 850.50 License Eligibility and License Provisions

Lake Michigan Commercial Fishing License commences April 1 and expires March 31 and shall be valid for a period of 3 years. To be eligible for a license to fish commercially during a given fishing license year, the applicant, license holder, must meet the following requirements:

a) Be an individual who has actually resided in Illinois for one year immediately preceding his application for a license to be allowed to fish commercially and who does not claim residency for commercial fishing purposes in another state or country.

b) Be a corporation incorporated in Illinois for at least one year immediately preceding the application for a license to fish commercially during a given fishing year, or a corporation incorporated in Illinois by a currently licensed Lake Michigan Commercial Fisherman.

1. All stockholders of the corporations shall have been Illinois residents for at least one year immediately prior to owning any stock or interest in the corporation, and remain Illinois residents as long as they own such stock or interest.

2. Individuals licensed as Lake Michigan Commercial Fisherman who wish to place the license into corporate control must own a controlling interest in the corporation (owns or controls more than 50%) at the time of transfer. The corporations need not have been in existence for one year, but must meet all other requirements.

3. All transfers of ownership interest in the corporation must be reported to the Department within 10 days after transfer.

4. No such corporation may be wholly or partially owned by another corporation, and no individual shall own any part of more than one business entity holding a Lake Michigan Commercial Fishing License.

c) Have ownership or legal control of a vessel of at least 12 net tons as documented by the U. S. Coast Guard, showing an Illinois port of registration, having valid United States Coast Guard documentation in full force and effect, and in compliance with all State requirements established for such vessels in the Boat Registration and Safety Act [625 ILCS 45].

1. Any request for redesignation of a fishing vessel to be used by the license holder must be submitted in writing to and approved in writing by the Chief, Division of Fisheries. Approval will be granted if the requested vessel meets the U.S. Coast Guard documentation requirements and the license holder has a valid reason for redesignation, such as loss or damage of the designated vessel or purchase of another vessel. Such requests must clearly state the reasons for redesignation, and the anticipated period of use and shall be accompanied by a copy of the United States Coast Guard document for the requested vessel. Use of the vessel designated in Illinois for commercial fishing purposes in another state shall, upon verification, nullify the designated status of the vessel for commercial fishing purposes in Illinois.

2. When more than one license designates the same vessel under this subsection (c), only one license at a time may be fished until the entire quota under that license has been harvested. In addition, before any licensee commences fishing, he must submit a written request to fish from the designated boat, and receive written authorization from the Chief of the Division of Fisheries.

d) Have at least 6,000 feet of properly licensed gill netting possessing a diagonal stretched mesh measurement between 2⅜ inches through 2¾ inches.

e) Agree to keep accurate daily records of catch and must submit catch reports monthly to the Department by the 15th day of the following month on forms furnished by the Department (whether licensee did or did not catch fish). All monthly catch reports must be signed by the licensee or corporate chief executive officer. Failure to submit the required catch reports shall be grounds for suspension or revocation of the Lake Michigan Commercial Fishing License.

f) Submit a yearly operational plan by months clearly identifying the port from which the vessel will operate and the exact location at which all harvested fish will be transferred from the vessel to shore. Transfer of fish from the license vessel to another vessel or to shore at any other location not identified in the yearly operational plan shall be grounds for suspension or revocation of the Lake Michigan commercial fishing license.

g) Permit Department biologists and Conservation Police Officers to obtain information from fish harvested, such as lengths, weights, scale samples, sex, etc., as deemed necessary for management of Lake Michigan fish stocks.

h) License all of the commercial equipment as required by the Illinois Fish and Aquatic Life Code [515 ILCS 5] (Code) and this Part. A license holder shall not fish under the commercial fishing license of another person.

i) The captain of commercial fishing crews on board the vessel must be a resident of the State of Illinois in accordance with the definition in Section 1-80 of the Illinois Fish and Aquatic Life Code.

j) The designated captain of the commercial fishing crew shall obtain a sport fishing license in addition to his or her commercial fishing license, unless he or she is exempted by Section 15-5 of the Code from being required to obtain a sport fishing license. All individuals assisting a licensed commercial fisherman shall first obtain a sport fishing license, unless he or she is exempted by Section 15-5 of the Code from being required to obtain a sport fishing license.

k) The licensee shall notify the Chief, Division of Fisheries, of any changes (except captain) in commercial fishing crew members in writing within 14 days after the change. Changes in captains requires prior written Department approval by the Chief, Division of Fisheries, and all such requests must be submitted in writing to the Chief, Division of Fisheries. Approval will be given if the captain meets the requirements set forth in this Section.

l) A copy of the Lake Michigan Commercial Fishing license and a current listing of the captain and designated crew must be kept on board the fishing vessel at all times during the commercial fishing operations.

m) The licensee or the designated captain of the commercial fishing crew must be on board the vessel at all times during the commercial fishing operations. The licensee shall remain responsible for all obligations owed to the State of Illinois relating to the license, whether the licensee is on board the vessel or not.

History

• Source: Amended at 44 Ill. Reg. 4040, effective February 26, 2020

17 Ill. Adm. Code 850.60 Application for License

An application for a Lake Michigan commercial fishing license shall be on forms provided by the Department of Natural Resources and shall contain the following information:

a) Proof of having met eligibility requirements.

b) Listing of kind and amounts of gear, and name, Illinois port, and copy of U.S. Coast Guard document of vessel.

c) Names and street addresses of captain and all members of the commercial fishing crew.

d) In cases of corporate applications, additionally:

1. Certified copy of Illinois Article of Incorporation;

2. Name, address and percentage of ownership or numbers of shares of stock over existing shares of stock (i.e., 500/1000) in this corporation;

3. Names, addresses and titles of all corporate officers;

4. Name and address of designated corporate agent.

History

• Source: Amended at 12 Ill. Reg. 7996, effective April 25, 1988

17 Ill. Adm. Code 850.80 Suspension or Revocation

a) In accordance with 515 ILCS 5/20-105, the following violations will result in suspension or revocation of the Lake Michigan commercial fishing license for a period of not less than one year:

1. Taking and possessing any species other than bloater chub, yellow perch, smelt and alewife;

2. Use of any commercial fishing devices other than gill nets having meshes not more than 2¾ inch diagonal stretched measurement nor less than 2⅜ inch diagonal stretched measurement;

3. Commercial fishing in a restricted area;

4. Falsification of license eligibility requirements and/or application for license information;

5. Failure to submit catch reports or submitting falsified catch reports;

6. Exceeding harvest quota;

7. Transferring fish from the license vessel to other vessels or to shore at any location not identified in the yearly operational plan.

b) Violations of any other provisions of this Part or the Illinois Fish and Aquatic Life Code pertaining to commercial fishing on Lake Michigan may also result in suspension or revocation of the Lake Michigan commercial fishing license.

c) An act or omission which constitutes a violation under this Part committed by an officer, employee or agent of a corporation shall be deemed the act or omission of the corporation, and the employee, agent, officers and shareholders may be suspended from engaging in Lake Michigan Commercial Fishing or owning any part of or being employed by such corporation for a period not to exceed five years, in addition to the suspension or revocation of the Lake Michigan Commercial Fishing License.

d) In the event of a license suspension, the suspended licensee shall not be permitted to apply for a Lake Michigan commercial fishing license until the period of suspension has expired. In the event of a revoked license, the revoked licensee shall forfeit his license and shall have his name deleted from the list of eligible candidates. Revoked licensees shall not be permitted to apply for a Lake Michigan commercial fishing license until the period of revocation has expired. Revoked licensees making reapplication for a license shall be subject to all licensing provisions at the time of reapplication and shall have their name added to the current list of eligible candidates according to the lottery procedures as described in Section 850.40(b).

e) The procedure by which suspensions and revocations are made; the rights of licensees to notice and hearing; and the procedures governing such hearings are set forth in 17 Ill. Adm. Code 2530 (Rules Governing Department Formal Hearings Conducted for Rule-Making and Contested Cases).

History

• Source: Amended at 21 Ill. Reg. 5553, effective April 19, 1997

17 Ill. Adm. Code 860.5 Definitions

"Aquatic life" means all fish, mollusks, crustaceans, algae, aquatic plants, aquatic invertebrates, and any other aquatic animals or plants that the Department identifies in rules adopted after consultation with biologists, zoologists or other wildlife experts. "Aquatic life" does not mean any herptiles that are found in the Herptiles-Herps Act.

"Aquatic life relocation" means the repositioning of imperiled aquatic life populations into the same water body or watershed by methods delineated in Section 860.20(b) and (e) for the purposes of protecting those plants and/or animals from injury or death due to disturbances in the aquatic environment.

"Aquatic life salvage" means the removal of imperiled aquatic life populations by methods delineated in Section 860.20(b) for personal consumption and/or for commercial sale of commercial species as provided under 17 Ill. Adm. Code 830.

"Department" means the Illinois Department of Natural Resources.

"Director" means the Director of the Illinois Department of Natural Resources.

History

• Source: Amended at 41 Ill. Reg. 4126, effective March 24, 2017

17 Ill. Adm. Code 860.10 Implementation

a) The Director or his or her designee shall implement aquatic life salvage operations under authority granted to the Director by Section 1-150 of the Fish and Aquatic Life Code [515 ILCS 5] (Code) for a specific area and specific time for which an emergency situation exists.

b) An emergency situation exists when a field investigation by a Department fishery biologist provides information to the Director indicating there is imminent danger of loss of that aquatic life population by natural or man-made causes.

c) The Director or his or her designee may authorize the relocation of aquatic life in imminent threat of injury or death due to human disturbances under authority granted to the Director by Section 1-50 of the Code.

d) Department regulatory staff shall review proposed construction projects that occur in aquatic environs (rivers, streams and lakes). In certain situations, aquatic life must be moved away from those construction project sites to avoid unnecessary harm. Aquatic life relocation by the project contractor or designee is authorized by this subsection (d) and shall be conducted in accordance with Section 860.20.

History

• Source: Amended at 41 Ill. Reg. 4126, effective March 24, 2017

17 Ill. Adm. Code 860.20 Salvage and Relocation Operations

a) Aquatic life shall be taken by a person possessing a valid sport fishing license, commercial fishing license, combination hunting and fishing license or scientific collector's permit.

b) The method for taking fish will be prescribed by the Department based upon site conditions, public use, and species to be salvaged. Methods for taking fish shall include, but not be limited to, pole and line, hand capture, seining, netting and spearing.

c) No size limits or daily catch limits shall apply during salvage or relocation.

d) Only commercial species of protected aquatic life (defined by 17 Ill. Adm. Code 830) taken under imperiled conditions may be offered for sale or barter.

e) The method for relocating aquatic life will be prescribed by the Department based upon site conditions, public use and species relocated. Methods for taking mussels shall include, but not limited to, hand capture, dredge and crow foot bar.

f) In the event that threatened or endangered mussel species are found during the relocation procedure, construction operations shall cease immediately and the incidental take process will commence (see 17 Ill. Adm. Code 1080).

g) A report of all aquatic life salvaged and relocated from a construction impact area, as authorized by this rule, shall be submitted to the Fisheries Division within 45 days following the event. An extension to the 45 days may be granted by the Department upon request. The report shall include the date, project purpose, species, number of individuals, collection method, collection site and habitat type.

History

• Source: Amended at 41 Ill. Reg. 4126, effective March 24, 2017

17 Ill. Adm. Code 870.5 Definitions

The following definitions apply to this Part.

"Annual Report" means the record of the annual operations of an aquaculture permit holder that shall be submitted to the Department under Section 370.40(c).

"Aquaculture" means the controlled breeding, hatching, propagation or raising of aquatic life by an aquaculturist [515 ILCS 5/20-90].

"Aquaculture Permit" means a permit issued to any person who engages in the breeding, hatching, propagating or raising of aquatic life, whether indigenous or nonindigenous. Aquatic life bred, hatched, propagated or raised by a permittee may be transported and sold for food or stocking purposes. [515 ILCS 5/20-90]

"Aquaculturist" means an individual involved in producing, transporting or marketing aquatic life or aquatic products from privately owned waters for commercial purposes [20 ILCS 215/4(b)].

"Aquatic Life" means fish, mollusks, crustaceans, algae and other aquatic plants and invertebrates [515 ILCS 5/1-20].

For purposes of this Part, "aquatic life" does not include amphibians or reptiles, which are governed by the Herptile-Herps Act [510 ILCS 68]; saltwater species commonly used as seafood that will not survive in freshwater, such as lobsters, clams, mussels and oysters; any species listed as endangered or threatened under Section 8 of the Illinois Endangered Species Protection Act [520 ILCS 10], which are governed under Section 3 of that Act; or any persons exempted by Section 870.80 of this Part.

"Aquatic Life Approved Species List" or "Approved List" means the list created by the Department under Section 870.10. The Approved List is used in the licensure of aquaculture facilities and the permitting of aquaculturists, and regulating importation and transportation of aquatic life.

"Chief" means the Chief of the DNR Division of Fisheries.

"Code" means the Fish and Aquatic Life Code [515 ILCS 5].

"Department" or "DNR" means the Illinois Department of Natural Resources.

"Division" means the DNR Division of Fisheries.

"Wholly Owned" means a pond or lake where the boundary of the pond or lake is completely contained within a landowner's property.

History

• Source: Added at 39 Ill. Reg. 10394, effective July 9, 2015

17 Ill. Adm. Code 870.10 Aquatic Life Approved Species List

a) For the purposes of regulating aquaculture and the transportation, stocking, importation and/or possession of aquatic life specified in this Part, the Aquatic Life Approved Species List is established. The Approved List is created and maintained by the Department and is comprised of specific species of aquatic life, within the categories of fish, crustaceans, gastropods, mollusks and plants.

b) Any species not on the Approved List shall not be imported or possessed alive without a letter of authorization to import/possess those species.

c) Copies of the Aquatic Life Approved Species List may be obtained free of charge by writing to:

Aquaculture Specialist

Illinois Department of Natural Resources

Aquatic Nuisance Species and Aquaculture Program

One Natural Resources Way

Springfield IL 62702-1271

d) The Aquaculture Advisory Committee shall review requests for letters of authorization to import/possess aquatic species not included on the Approved List, and recommend to the Division under what conditions species may be imported/possessed. The Committee shall be composed of:

1. The Chiefs of the following DNR Divisions:

A) Fisheries (Chair);

B) Wildlife;

C) Natural Heritage;

D) Law Enforcement.

2. Should they agree to participate:

A) The Chief of the Illinois Natural History Survey;

B) The Aquaculture Coordinator, Department of Agriculture;

C) The Director, Southern Illinois University Fisheries, Aquaculture and Aquatic Sciences;

D) The Chief, Division of Food, Drugs and Dairies, Department of Public Health.

e) The Chief of the Division of Fisheries shall consider the recommendations of the Committee prior to rendering final decisions regarding requests for letters of authorization to import/possess species not included on the Approved List. The Committee's recommendations and the decisions of the Chief shall be based upon the potential detriment to the natural fishery resource.

History

• Source: Amended at 39 Ill. Reg. 10394, effective July 9, 2015

Chapter I Department of Natural Resources

Subchapter b Fish and Wildlife

Part 870 Aquaculture, Transportation, Stocking, Importation and/or Possession of Aquatic Life

17 Ill. Adm. Code 870.20 Aquaculture Facility Permit Application and Requirements

a) Facility Permit

Entities wishing to import/possess aquatic life for sale for food or stocking purposes shall apply for a permit for the facility where the aquatic life will be maintained.

b) Facility Intended for Species Not on the Approved List

Entities wishing to import/possess aquatic life not on the Aquatic Life Approved Species List must submit with their application an aquaculture facilities plan, which the Department must approve prior to issuing a permit for the facility. The facility will be inspected by the Department as part of the application review process.

c) Permit Standards

The Department will issue a facility permit if it concludes, after consideration of the application and any required facility plan and inspection of the facility, that the facility will not pose a danger to the natural fishery resource of the State. A facility will be deemed eligible for a permit based on the following standards.

1. The facility must be self-contained and not capable of overflowing into other waters of the State.

2. The facility is not located in a 100-year flood plain, as defined by the DNR Division of Water Resources (see 17 Ill. Adm. Code 3706), unless the location is approved by the Department based upon the facility's susceptibility to flooding.

3. The facility, if it needs to drain or discharge water, shall do so:

A) into a municipal water treatment facility;

B) into an on-site waste treatment facility incorporating sand filtration and chlorination; or

C) in another manner approved by the Department.

d) Facility Permit Conditions

The Department may impose additional conditions on the facility permit, specific to the facility, that are deemed necessary or appropriate for the protection of the State's aquatic resources.

e) Timing of the Facility Permit Process

1. The Department will approve or deny an application for a facility permit within 8 weeks after it is submitted.

2. An applicant may apply under Section 870.30 for the aquaculture permit. Any aquaculture permits the Department issues prior to permitting the facility are conditional pending permit approval for the receiving facility. Aquatic life introduced to the facility prior to final permitting of the facility is at the applicant's own risk.

f) Authorized Department personnel may conduct an inspection of any permitted facility at any time.

History

• Source: Old Section 870.20 renumbered to Section 870.30 and new Section 870.20 renumbered from Section 870.30 and amended at 39 Ill. Reg. 10394, effective July 9, 2015

17 Ill. Adm. Code 870.30 Aquaculture Permit Application and Requirements

a) Persons wishing to propagate, grow and harvest aquatic life for food or stocking purposes must obtain an aquaculture permit from the Department prior to the commencement of those activities.

1. The application for a permit shall be obtained from and must be submitted to the Aquaculture Specialist at the address in Section 870.10(c)

2. Applicants must complete all portions of the permit application form. Incomplete applications will be rejected.

3. The Department will issue permits to applicants who meet the requirements of the Code and this Part.

4. The permit fee of $50 shall be assessed online or from an approved Point of Sale Location using a Customer ID Number issued by the Department after approval of the application. Paper payments are not accepted. Illinois DNR license vendors can be found at www.dnr.illinois.gov/LPR/pages/License

PermitVendors.

5. Aquaculture permits expire on March 31 annually. Upon expiration of the aquaculture permit, the permittee may renew the permit by submitting the renewal application and the Annual Report required by Section 870.40(c) to the Department by January 31. The Department will review the Annual Report in determining whether the permit will be renewed.

b) Timing of the Aquaculture Permit Application/Letter of Authorization Process

1. Applicants wishing to import/possess aquatic life that appears on the Approved List shall submit their aquaculture permit application at least 4 weeks prior to the importation/possession.

2. Applicants wishing to import/possess aquatic life not on the Approved List may submit an application for the aquaculture permit with the Department. The Department will review the permit application and make its determination within 8 weeks after receipt of the application.

3. Letters of authorization shall have a beginning and ending date.

c) Inspection of Permit and Letters of Authorization

The aquaculture permit with any letters of authorization shall be available for inspection by the Department upon request.

History

• Source: Old Section 870.30 renumbered to Section 870.20 and new Section 870.30 renumbered from Section 870.20 and amended at 39 Ill. Reg. 10394, effective July 9, 2015

17 Ill. Adm. Code 870.40 Cessation of Business; Recordkeeping and Reporting

a) Permittee with Letters of Authorization – Cessation of Business

1. In the event that the holder of an aquaculture permit with letters of authorization for aquatic life not on the Approved List goes out of business or possesses the aquatic life contrary to the Code, the Department shall determine disposition of the aquatic life as it deems necessary, based upon the potential detriment to the aquatic resource of the State.

2. Holders of permits with letters of authorization who cease operation, for whatever reason, are required to notify the Department in writing within 30 days after their cessation of business. Permits/letters of authorization are not transferrable to other persons or businesses, including heirs or assigns.

3. When a holder of a permit with letters of authorization ceases doing business voluntarily or involuntarily, his or her permit/letters of authorization expire at the cessation of business.

b) Recordkeeping

Records shall be maintained as required in Sections 20-90 and 20-125 of the Code. These records shall be made available to any authorized employee of the Department or any peace officer, upon request [515 ILCS 5/20-125]. Records shall be kept for a minimum of 2 years after the transaction [515 ILCS 5/20-90].

c) Annual Report

1. All aquaculture permit holders shall submit to the Department, on forms provided by the Department, by January 31 of each year, an Annual Report providing information on the previous calendar year's activity for aquatic life possessed, bought, sold or shipped. The information required in this Annual Report shall include:

A) name, address and license number of buyer;

B) name, address and license number of seller;

C) transaction date;

D) species;

E) number of pounds, to the nearest half pound;

F) origin [515 ILCS 5/20-125(a)];

G) price paid per pound (optional); and

H) any other information (e.g., receipt number, carrier type, etc.) as required by the Department on the form.

2. Failure of the permittee to submit the required Annual Report in the manner and time frame specified shall be grounds for refusal by the Department to renew a permit for the following year until all required reports are received and approved by the Department.

History

• Source: Amended at 39 Ill. Reg. 10394, effective July 9, 2015

17 Ill. Adm. Code 870.50 Unlawful Acts

a) Release of Aquatic Life

It is unlawful to release (or allow escape of) any aquatic life into the waters of this State without first securing permission of the Department to do so, except that the owners of a body of water or their agents may release aquatic life on the Approved List into waters that are wholly on their property. All aquatic life may be immediately returned unharmed to waters from where they were taken [515 ILCS 5/10-100(a)]. Permission will be based upon the potential detriment to the aquatic resource.

b) Transportation

It is unlawful for any person to transport, ship or convey within the State any live grass carp/white amur (Ctenopharyngodon idella), black carp (Mylopharyngodon piceus), bighead carp (Hypophthalmichthys nobilis), silver carp (Hypophthalmichthys molitrix), tilapia (Oreochromis species) or any hybrid of these species, or any other species not on the Approved List, unless that person possesses a Restricted Species Transportation Permit issued by the Department.

c) It is unlawful to transport, ship or convey live trout, salmon or char into the State unless a salmonid import permit has been issued to the source hatchery, as required by Section 10-105 of the Code. A copy of the salmonid import permit must accompany each shipment. A salmonid import permit will be issued only if the source hatchery has been inspected by the Department within the last 12 months and found free of the following disease agents: VHS – Viral Hemorrhagic Septicemia Virus; IHN – Infectious Hematopoetic Necrosis Virus; CS – Ceratomyxosis (Ceratomyxa shasta); PKD – Proliferative Kidney Disease agent; and/or any other disease agents that are not known to be present in the Great Lakes Basin.

1. A salmonid import permit may be issued for a period of up to 6 months following the inspection of the source hatchery. The salmonid import permit will be reissued if the owner/operator of the source hatchery certifies that there has been no change in the disease status of the source hatchery in the 6 month period following the annual inspection. A bill of sale, listing quantity, species, and hatchery of origin shall be provided to and retained by the final recipient of the fish, until the fish are disposed of.

2. The Department recognizes persons inspecting hatcheries using the methods of diagnosis found in "Suggested Procedures for the Detection and Identification of Certain Finfish and Shellfish Pathogens" 4th ed., Version 1 (1994), published by the Fish Health Section of the American Fisheries Society or the "Manual of Compliance to the Fish Health Protection Regulations of the Department of Fisheries and Oceans, Canada (1988) (no further amendments or editions are included), as competent in the diagnosis of fish diseases, unless a clearcut conflict of interest exists (such as the inspector being related to the hatchery owner by blood, adoption, marriage or economic interest).

d) No live aquatic life not on the Approved List produced at the facilities operated or owned by an aquaculture permit holder may be removed from the site unless it is being transferred to another permit holder who has permission to possess them, or to a fish market as food, or to an aquarium shop.

History

• Source: Amended at 39 Ill. Reg. 10394, effective July 9, 2015

17 Ill. Adm. Code 870.60 Restricted Species Transportation Permit Procedures

a) Generally Applicable Provisions; Exemptions

1. Triploid Grass Carp

Triploid grass carp under 4 inches in length cannot be shipped, transported or stocked at any time and may be possessed only by authorized aquaculture permit holders.

2. For the purposes of this Section, a shipment is defined as one load of fish; for example, 3 truckloads of fish being transported in convoy would be 3 shipments.

3. Landowner Exemption

A) Landowners South of I-80

i) Pre-Order from Retail Outlet

If the triploid grass carp are listed on a Restricted Species Transportation Permit (RSTP) issued to the Illinois aquaculturist or Illinois licensed aquatic life dealer that supplied the triploid grass carp to the entity from which the landowner pre-ordered the fish, the landowner is exempt from the RSTP requirement while transporting those fish for stocking in his or her wholly owned waters south of I‑80. During the transport, the landowner must have available the receipt from the entity from which the landowner purchased the fish. The exemption applies only during the first 24 hours after the purchase.

ii) Purchase Over-the-Counter

Lake or pond owners purchasing no more than 20 triploid grass carp over-the-counter are exempt from the RSTP requirement while transporting triploid grass carp purchased and obtained in Illinois for stocking in their wholly owned waters south of I-80, as long as they have a receipt from an aquaculturist selling over-the-counter in Illinois. (See subsection (c).) During the transport, the landowner must have available the receipt from the entity from which the landowner purchased the fish. The exemption applies only during the first 24 hours after the purchase.

B) Landowners North of I-80 – Pre-Order from Retail Outlet

Those landowners wanting to stock wholly owned lakes/ponds north of I‑80 with triploid grass carp must procure those fish through an Illinois aquaculturist or Illinois licensed aquatic life dealer who holds an RSTP authorizing transport and stocking of those fish. (See subsection (c).) During transport of those fish by the landowner to his or her wholly owned lake/pond, the landowner is exempt from the RSTP requirement, but must have available the receipt from the entity from which the landowner purchased the fish. The exemption applies only during the first 24 hours after the purchase.

b) Fish Importers, Aquaculturists and Commercial Fishermen

An RSTP is required for live grass carp, black carp, bighead carp, silver carp, tilapia (Oreochromis species) or any hybrid of these species, or any other species not on the Approved List, including commercial fishermen that are holding Asian carp in a crib for later transport or that are transporting directly to a rendering facility for slaughter (with restrictions (see Section 870.50(b))). RSTPs are available from the Aquaculture Specialist at the address in Section 870.10(c). Applications must be received by the Program at least two weeks prior to the proposed shipment date. IDNR will evaluate the potential for escapement into glacial lakes, sloughs, potholes, bottom land, backwater lakes, streams, rivers, water areas known to harbor animals or plants on the national or Illinois threatened or endangered species list, natural areas or nature preserves, or wetlands. An RSTP shall be required for each shipment, except that extended permits covering regular periodic deliveries may be granted by the Department, pursuant to Section 10-105 of the Code. An RSTP is valid only:

1. on the dates listed on the permit; and

2. for names and addresses listed for delivery on the application/permit.

c) Aquaculturists Selling Certified Triploid Grass Carp Over-the-Counter The receipt issued by an aquaculturist in an over-the-counter sale shall contain:

1. Accession number of USFWS certifying triploid status of grass carp.

2. Total number of fish sold. (Total amount in any one sale shall not exceed 20 individuals.)

3. Name, address and driver's or fishing license number of the buyer and the location of the wholly owned waterbody where stocking will occur. The signature of the buyer is confirmation that this information is true and accurate, the lake/pond is south of I-80, and the fish purchased will only be released in the identified lake/pond. Township/range, latitude and longitude, or equivalent is acceptable to identify the lake/pond location.

4. Name, address and aquaculture license number of seller. The signature of the seller is required to confirm information such as the buyer's license number and fish count and certification information.

5. Transaction date and time. (The landowner exemption from an RSTP is only for 24 hours after purchase. No more than 20 triploid grass carp may be carried in any vehicle/fish hauler at any one time under this exemption.)

6. The transaction documents must clearly state:

A) that the transaction involves the sale of triploid grass carp;

B) the number of fish sold;

C) where the fish are to be transported; and

D) the average length of the fish in each batch of fish sold.

c) For the purposes of this Section, a shipment is defined as one load of fish; for example, 3 truckloads of fish being transported in convoy would be 3 shipments.

d) Fish Importers and Aquaculturists

AnyExcept for persons exempt under Section 870.60(b), any person hauling any live triploid grass carp must subject the shipment to examination by IDNR. Except for persons exempt under subsection (a)(3), batches For a batch of fish subject to testing and containing more than 56 individuals will have 56 fish will be tested; for a batch containing fewer than 56 individuals, 100% will be tested.

e) Commercial Fishermen

1. Commercial fishermen shall be allowed to harvest from the wild and transport to a State-licensed wholesale aquatic life dealer bighead carp, silver carp, grass carp and black carp, providing either of the following criteria are met:

A) the fish are dead. Transportation of dead fish is allowed if:

i) the fish are packed on ice only while directly en route to a fish market or processor (addition of water to iced and packed fish is not permitted);

ii) the packed fish are dry (in box, barrel, crate, etc.) while directly en route to a fish market or processor;

iii) the isthmus has been severed;

iv) the gills have been removed; or

v) the fish have been eviscerated.

B) the fish are not transported in an aerated live tank or in any other manner intended to maintain the fish alive unless commercial fisherman first obtains an RSTP. An RSTP can be obtained by applying to the Aquaculture Specialist at the address in Section 870.10(c).

2. With a Department approved RSTP, commercial fishermen are allowed to:

A) transport live grass carp to a State-licensed slaughter facility or equivalent outside the State of Illinois, provided this facility is not located in the counties of Will, Cook or Lake and that the fish are processed or stored on ice immediately upon arrival at the facility; and

B) transport live bighead carp, silver carp, grass carp and black carp directly to a crib (net pen) or State-licensed slaughter facility, provided that the fish are transported no more than a 15 mile radius to or from a crib or facility, or as otherwise designated on the RSTP, and that the fish are processed or stored on ice immediately upon arrival at the slaughter facility.

3. Asian carp may be held live in a crib (net pen) provided that:

A) they are cribbed in the waters where caught (within a 15 mile radius of the crib) and not transported upstream of a lock and dam or other barrier;

B) they are removed within 72 hours;

C) they are killed by one of the methods specified in subsection (e)(1)(C), (D) or (E) immediately upon removal from the crib; and

D) all other regulations pertaining to commercial fishing and commercial fishing devices are followed.

History

• Source: Amended at 39 Ill. Reg. 10394, effective July 9, 2015

17 Ill. Adm. Code 870.70 Penalties

Any person who violates this Part, falsifies or makes any misrepresentation on his or her application, permit, required records, or any other information required to be given to the Department or consumer, shall be subject to penalties described in Sections 2.4, 5.7, 5.16 and 5.19 of the Fish Code of 1971 (Ill. Rev. Stat. 1987, ch. 56, pars. 2.4, 5.7, 5.16 and 5.19).

Chapter I Department of Natural Resources

Subchapter b Fish and Wildlife

Part 870 Aquaculture, Transportation, Stocking, Importation and/or Possession of Aquatic Life

17 Ill. Adm. Code 870.80 Exceptions

a) Except as otherwise provided in subsection (b), this Part does not apply to:

1. aquarists/hobbyists (e.g., keepers of any non-injurious aquatic life, including carp (koi) and goldfish (not including amphibians or reptiles), within home aquaria, private water gardens and aquascapes), as long as the aquatic life are not offered for sale, trade or barter and the aquarist/hobbyist activity does not violate other aquatic life regulations (e.g., 17 Ill. Adm. Code 875);

2. the aquarium industry (those businesses regulated and licensed by the Department of Agriculture under the Animal Welfare Act [225 ILCS 605]); or

3. State agencies or universities.

b) Exceptions from Subsection (a)

1. The exemption in subsection (a) does not apply to any injurious species, as described in 17 Ill. Adm. Code 805.

2. The exemption in subsection (a) does not apply to any VHS-susceptible species or any wild caught aquatic life coming from affected regions without Fish Health Certificates (FHC) and Department approval.

3. The entities cited in subsection (a) are exempt as long as the excepted activity operates in a manner that will prevent escape of aquatic life into the waters standing on or flowing over the soil of the State of Illinois.

History

• Source: Amended at 39 Ill. Reg. 10394, effective July 9, 2015

Part 875 Viral Hemorrhagic Septicemia (vhs)

17 Ill. Adm. Code 875.10 Definitions

"Affected Regions" – those areas designated by USDA-APHIS as Affected or At-Risk Regions. Currently, these are the U.S. states of Illinois, Indiana, Michigan, Minnesota, New York, Ohio, Pennsylvania and Wisconsin and the Canadian Provinces of Ontario and Quebec.

"Aquatic Life Farm" − property containing any or a combination of levee ponds, a strip mine lake or other type of lake maintained for the exclusive purpose of rearing aquatic life for harvest and resale.

"Baitfish" – live or dead species of fish or parts of fish, excluding roe, that are used by anglers to catch or attempt to catch fish.

"BlueBook" – Suggested Procedures for the Detection and Identification of Certain Finfish and Shellfish Pathogens, American Fisheries Society, Fish Health Section, Bethesda, Maryland (2005 Edition).

"Department" – the Illinois Department of Natural Resources.

"Farm-Raised" – any species of aquatic life that has been reared entirely in captivity on an aquatic life farm.

"Fish Health Inspection Report" or "FHIR" – official document reporting health status of inspected fish issued by a trained, qualified fish health professional in accordance with BlueBook or OIE standards.

"Live Market" − an Illinois business in which commercially captured fish are maintained for a period of time prior to being killed and processed for consumption.

"Lot" – a population of fish as defined in the BlueBook.

"Offal" − the whole or parts of an aquatic animal and aquatic animal products not approved for human consumption, including sludge and sieve material collected during slaughtering.

"OIE" – the World Organization for Animal Health.

"Private Waters" – waters of the State of Illinois that are wholly upon properties held in private ownership and contained on the land of the owner.

"Public Waters" – all other waters of the State of Illinois.

"Resident" – a person who actually resides in Illinois. For businesses, resident means at least 51% owned by Illinois residents and organized under the laws of Illinois.

"Slaughter Facility" − an Illinois business in which commercially captured fish are immediately killed and processed for consumption.

"Specific Pathogen Free" or "SPF" – a lot of fish that have tested negative for VHS.

"VHS" or "VHSv" – Viral hemorrhagic septicemia or the VHS virus. For purposes of this Part, VHSv and VHS are considered synonymous.

"Wild-Trapped" – any species of aquatic life that has any portion of its life history not under direct control of an aquatic life farm (i.e., those that are not farm-raised).

17 Ill. Adm. Code 875.20 Susceptible Species

a) For purposes of this Part, susceptible species are:

1. those species designated by USDA-APHIS in the Federal Order update of September 9, 2008;

2. Additional species known to be carriers of VHS virus (VHSV) that present significant risk to the aquatic resources of Illinois;

3. hybrids (offspring) of listed species for which both parent species are listed; and

4. all species that originate from affected regions.

b) The current list of susceptible species from the APHIS Federal Order (http://www.aphis.usda.gov/focusonfish/species-affected.php) is as follows:

Black crappie Pomoxis nigromaculatus

Bluegill Lepomis macrochirus

Bluntnose minnow Pimephales notatus

Brown bullhead Ictalurus nebulosus

Brown trout Salmo trutta

Burbot Lota lota

Channel catfish Ictalurus punctatus

Chinook salmon Oncorhynchus tshawytscha

Emerald shiner Notropis atherinoides

Freshwater drum Aplodinotus grunniens

Gizzard shad Dorosoma cepedianum

Lake whitefish Coregonus clupeaformis

Largemouth bass Micropterus salmoides

Muskellunge Esox masquinongy

Northern pike Esox lucius

Pumpkinseed Lepomis gibbosus

Rainbow trout Onchorhynchus mykiss

Rock bass Ambloplites rupestris

Round goby Neogobius melanostomus

Shorthead redhorse Moxostoma macrolepidotum

Silver redhorse Moxostoma anisurum

Smallmouth bass Micropterus dolomieu

Spottail shiner Notropis hudsonius

Trout-Perch Percopsis omiscomaycus

Walleye Sander vitreus

White bass Morone chrysops

White perch Morone americana

Yellow perch Perca flavescens

c) Additional species known to be carriers of VHSv that present significant risk to the aquatic resources of Illinois include:

Atlantic herring Clupea harengus

Pacific herring Clupea pallasii

Sea lamprey Petromyzon marinus

d) Examples:

1. Hybrid bluegill (bluegill X green sunfish) are not considered susceptible species as only one parent species is listed.

2. Tiger muskellunge (muskellunge X northern pike) are considered susceptible species because both parent species are listed.

3. All wild-trapped minnows are subject to certification standards if they originate from affected regions.

4. Farm-raised minnows from affected regions (defined in Section 875.10) are subject to testing.

5. Farm-raised minnows from Arkansas or Missouri are not subject to testing.

6. Tilapia hybrid/subspecies and other non-approved species coming from an affected region (also need a Restricted Species Transportation Permit; see 17 Ill. Adm. Code 870).

e) The official list of VHS-susceptible species as identified by the Department will be available from the Department and posted on the Department's website (http://dnr.state.il.us). Updates to the list of susceptible fish species will be made as necessary, and notice shall be given by issuing a press release, by publication in the official State newspaper, and by such other means as the Department determines are reasonably likely to inform the public, including notification on the Department website.

History

• Source: Amended at 39 Ill. Reg. 7690, effective May 18, 2015

17 Ill. Adm. Code 875.30 Permits

a) Application Requirements

Permits to import live VHS-susceptible species may be issued by the Department of Natural Resources in accordance with Sections 10-100 and 20-100 of the Fish and Aquatic Life Code [515 ILCS 5/10-100, 20-100] for persons or businesses holding an Aquaculture Permit, Aquatic Life Dealer's License or Minnow Dealer's License, or research or educational institutions for scientific purposes, under the following provisions:

1. Applicants wishing to import live VHS-susceptible species must make application to the Department in writing, at the following address:

Aquaculture Specialist

Illinois Department of Natural Resources

Aquatic Nuisance Species and Aquaculture Program

One Natural Resources Way

Springfield IL 62702-1271

2. The Department may accept applications via fax or email if time permits and it is deemed to be in the best interest of the Department to do so.

3. Applications must contain the following minimum information:

A) name, address and telephone number of the applicant, including the business, research or educational institution;

B) the common and scientific name, size and total number (or pounds) of each VHS-susceptible species for which a permit is requested;

C) date of anticipated imports and number of shipments;

D) source of supply, including name, address and telephone number of the supplier; and

E) any other information requested by the Department (e.g., route of transportation, holding facility location, stocking locations, disposition of animals and federal permit, if required).

b) Issuance Criteria

The Department shall consider the following in determining whether to issue a permit to import live VHS-susceptible species:

1. whether the request is for persons or businesses holding an Aquaculture Permit, Aquatic Life Dealer's License or Minnow Dealer's License, or research or educational institutions for scientific purposes;

2. whether the supplier of the fish stocks has an acceptable Fish Health Inspection Report on file with the Department;

3. for importation of minnows and species commonly used as bait, whether the supplier/importer has submitted an officially recognized management plan (Hazard Analysis and Critical Control Points (HACCP)/Best Management Practices (BMP)) to minimize transfer of exotic species and potential pathogens; and

4. whether the Department approves of the live market stocking locations based upon the potential risk to the fishery resource of the State.

c) Permit Conditions

Permits issued to import live VHS-susceptible species shall be subject to the following conditions:

1. All specimens approved under the permit must be imported only to the facilities, and at the location approved on the permit.

2. A person in possession of VHS-susceptible species, at all times during shipment and stocking, shall allow the Department, its agents or authorized employees to inspect the shipment and pertinent records to ensure compliance with this Part.

3. Permits issued under this Part shall be valid only for the time periods and under the provisions designated by the Department on the permit or accompanying letter.

4. All importers shall maintain records documenting disposition of all VHS-susceptible species for a minimum of 2 years from date of disposition.

5. It is unlawful for any person to violate any condition stipulated on the permit or accompanying letter issued by the Department. Violation of any special condition will result in revocation of the permit.

6. Shipments found in violation of this Part shall be subject to confiscation, quarantine and/or seizure. Disposition of specimens confiscated, placed under quarantine (including conditions under which they may be sold, traded, bartered or transferred), or seized under this Part shall be as designated by the Department.

d) Permit Exceptions

The permits required by subsection (a) do not apply to:

1. Any licensed veterinarian, agent of a veterinary clinic, fish pathologist, or fish health inspector recognized by the American Fisheries Society providing diagnostic services subject to all of the following conditions:

A) the fish are in transit to an approved research or diagnostic laboratory authorized by the Department to work with VHS;

B) if entering from outside the State of Illinois, the fish must be accompanied by a valid Form VS 1-27 (Permit for Movement of Restricted Animals) issued by an APHIS area office; and

C) effluent and carcasses shall be considered medical waste and shall be disposed of at the receiving research or diagnostic facility according to all applicable EPA and State regulatory criteria.

2. Any person moving fish to a slaughter facility subject to all of the following conditions:

A) the fish are for human consumption;

B) the fish are accompanied by a valid Form VS 1-27 (Permit for Movement of Restricted Animals) issued by an APHIS area office;

C) the fish are being transported to a State-inspected slaughter facility that:

i) must discharge waste water to a municipal sewage system that includes waste water disinfection; or

ii) may discharge to either a non-discharging settling pond or a settling pond that disinfects according to all applicable EPA and State regulatory criteria;

D) offal, including carcasses, from the slaughter facility must be rendered or composted; and

E) VS 1-27 form only applies to fish entering the State of Illinois.

3. Persons involved in catch and release fishing activities in which VHS-susceptible fish will be released into the same water body where caught, except VHS-susceptible species used or intended to be used as bait.

4. Any shippers in interstate transport for lawful commercial purposes who do not buy, sell, barter, trade, transfer, loan or offer to do so in Illinois may transport live VHS-susceptible species across Illinois. Under no circumstances shall an interstate transporter:

A) transfer any VHS-susceptible species from one container to another; or

B) exchange or discharge water or other materials from a container containing VHS-susceptible species without first obtaining written permission from the Department.

5. Persons having a Salmonid Import Permit issued in accordance with 17 Ill. Adm. Code 870, provided that:

A) FHIR is issued in accordance with Section 875.40(a); and

B) lot inspections (60 fish each) were tested according to the Standard Procedures for Aquatic Animal Health Inspections section of the BlueBook.

6. Any licensed commercial fisherman moving fish to a live market subject to all of the following conditions:

A) the fish are for human consumption;

B) the facility is located on the same body of water where the fish are captured;

C) the fish are being transported to a State-inspected live market that:

i) must discharge waste water to a municipal sewage system that includes waste water disinfection; or

ii) may discharge to either a non-discharging settling pond or a settling pond that disinfects according to all applicable EPA and State regulatory criteria; or

iii) may discharge maintenance water into the same water body where the aquatic life originated according to all applicable EPA and State regulatory criteria;

D) offal, including carcasses, from the slaughter facility must be rendered or composted.

7. Any licensed Commercial Roe Harvester in possession of roe-bearing species that are captured and transported under a Commercial Roe Harvest Permit as defined in 17 Ill. Adm. Code 830.13, provided no susceptible species are commingled.

History

• Source: Amended at 39 Ill. Reg. 7690, effective May 18, 2015

17 Ill. Adm. Code 875.40 Fish Health Inspection Reports

a) Official FHIR must be issued by and received directly from one of the following:

1. the state competent authority for fish health in the issuing state;

2. a Department approved veterinarian offering diagnostic services for aquatic animals; or

3. a Department approved laboratory for certifying lots of fish as VHS-free.

b) It is the responsibility of the importer and/or supplier to arrange for appropriate delivery of FHIR.

c) FHIR must contain the suppliers contact information, water supply, lot designation, original egg or fry source, age of fish, number in lot, size, pathogens tested, numbers of individuals sampled, results, and original signature of the inspector.

d) FHIR and supporting documentation must state that fishes were sampled and tested negative for VHS virus in accordance with procedures set forth in either:

1. Standard Procedures for Aquatic Animal Health Inspections section of the BlueBook; or

2. the World Organization for Animal Health (OIE) Manual of Diagnostic Tests for Aquatic Animals, Fifth Edition (2006), Chapter 2.1.5, OIE, Paris, France.

17 Ill. Adm. Code 875.50 Unlawful Acts/Penalties

a) It shall be unlawful to:

1. import VHS-susceptible species into the State of Illinois without a VHS-Susceptible Species Permit issued by the Department;

2. stock VHS-susceptible species into waters of the State without securing permission from Department fish health authorities, or unless an FHIR is on file with the Department;

3. remove live VHS-susceptible species from the waters where legally taken without first securing permission from Department fish health authorities, unless an FHIR is on file with the Department, or as provided in Section 875.30(d)(2), (6) and (7);

4. remove natural water from waters of the State via bait bucket, livewell, baitwell, bilge, etc., or any other method without first securing permission from Department fish health authorities, unless an FHIR is on file with the Department, or as provided in Section 875.30(d)(2), (6) and (7);

5. remove any watercraft, boat, boat trailer or other equipment from waters of the State without emptying and draining any bait bucket, livewell, baitwell, bilge, etc., or any other compartment capable of holding natural waters; and

6. use wild-trapped fishes as bait within the State of Illinois, other than in the waters where they were legally taken.

b) The Department may make exceptions to the unlawful acts listed in subsection (a) in writing for special circumstances (e.g., fishing special waters via contract, import or stocking facilities in process of gaining OIE facility-level certification, etc.) based upon the potential risk to the fishery resource of the State.

c) Violation Classifications

1. Violation of subsection (a)(1) is a Class A misdemeanor if the value of the aquatic life is $300 or less (see 515 ILCS 5/10-105 and 20-35), and a Class 3 felony if the value of the aquatic life is in excess of a total of $300 with intent to profit or for commercial purposes. Possession of aquatic life valued in excess of $600 shall be considered prima facie evidence of possession for profit or commercial purposes. (See 515 ILCS 5/5-25.)

2. Violation of subsection (a)(2) is a Class A misdemeanor (see 515 ILCS 5/10-100(b)) and violation of subsection (a)(3), (4), (5) or (6) is a Petty Offense (see 515 ILCS 5/1-150 and 20-35).

d) Revocation/Suspension

1. Any violations of the Fish and Aquatic Life Code or administrative rules of the Department may result in revocation of licenses and permits, as well as suspension of privileges for up to five years.

2. Violation of any conditions of a permit issued under this Part shall result in cancellation of the permit.

History

• Source: Amended at 39 Ill. Reg. 7690, effective May 18, 2015

17 Ill. Adm. Code 880.10 Prohibition of Commercial Use

It is unlawful to take, possess, buy, sell, offer to buy or sell or barter any reptile, amphibian or their eggs or resulting offspring or parts taken from the wild in Illinois for commercial purposes, unless otherwise authorized by statute.

History

• Source: Amended at 37 Ill. Reg. 6757, effective May 1, 2013

17 Ill. Adm. Code 880.20 Methods of Taking and Capture

a) Only those persons who hold a valid sport fishing license or a valid Sportsmen's Combination License may take or attempt to take turtles and/or frogs (see 515 ILCS 5/20-5).

b) Common snapping turtles (Chelydra serpentia) may be taken only by hand, hook and line or bow and arrow (except in the counties listed in Section 880.60(b) where bowfishing for common snapping turtles is not allowed). The alligator snapping turtle (Macrochelys temminckii) is protected and may not be taken by any method, including, but not limited to, any sport fishing method.

c) Bullfrogs and common snapping turtles may be taken only June 15 through October 15. Bullfrogs may be taken only by hook and line, gig, pitchfork, spear, bow and arrow, hand or landing net.

d) No person shall take common snapping turtles or bullfrogs by commercial fishing devices, including dip nets, hoop nets, traps or seines, or by the use of firearms, airguns or gas guns.

e) No person shall take or possess any species of reptile or amphibian listed as endangered or threatened in Illinois (17 Ill. Adm. Code 1010), except as provided by 17 Ill. Adm. Code 1070.

f) All other species of reptiles and amphibians may be captured by hand. This shall not restrict the use of legally taken reptiles or amphibians as bait by anglers.

g) Any captured reptiles or amphibians that are not to be retained in the possession of the captor shall be immediately released at the site of capture, unless taken with a lethal method (such as bow and arrow, gig, spear or pitchfork) that does not permit "release with no harm". All common snapping turtles and bullfrogs taken by this method must be kept and counted in the daily catch creel or bag. No culling of these taken species is permitted.

History

• Source: Amended at 39 Ill. Reg. 1141, effective December 31, 2014

17 Ill. Adm. Code 880.30 Daily Catch and Possession Limits

a) The daily catch limit for common snapping turtles is 2 and for bullfrogs is 8 of each species. The possession limit for common snapping turtles is 4 and for bullfrogs is 16.

b) For indigenous Illinois amphibian and reptile taxa (excluding common snapping turtles and bullfrogs), the possession limit is 8 collectively with no more than 4 per taxa.

History

• Source: Amended at 37 Ill. Reg. 6757, effective May 1, 2013

17 Ill. Adm. Code 880.40 Captive Born Reptiles and Amphibians

Captive born offspring of a legally held reptile or amphibian, not intended for commercial purposes, is exempt from the possession limits of Section 880.30 for a period of ninety (90) days.

17 Ill. Adm. Code 880.50 Protection of Habitat

Habitat features which are disturbed in the course of a search for reptiles and amphibians shall be returned to as near their original position and condition as possible; e.g., overturned stones and logs shall be restored to their original locations.

17 Ill. Adm. Code 880.60 Areas Closed to the Taking of Reptiles and Amphibians

a) Unless otherwise allowed by statute or administrative rule, the taking of reptiles and amphibians at any time and by any method is prohibited in the following area: the LaRue-Pine Hills/Otter Pond Research Natural Area in Union County. The closed area shall include the Research Natural Area as designated by the U.S. Forest Service and the right-of-way of Forest Road 345 from the intersection of Forest Road 345 with Forest Road 236 to the intersection of Forest Road 345 with the Missouri Pacific railroad tracks.

b) Bowfishing for common snapping turtles is not permitted in the following Illinois counties: Randolph, Perry, Franklin, Hamilton, White, Gallatin, Saline, Williamson, Jackson, Union, Johnson, Pope, Hardin, Massac, Pulaski and Alexander.

History

• Source: Amended at 37 Ill. Reg. 6757, effective May 1, 2013

17 Ill. Adm. Code 880.70 Additional Protective Regulations (Repealed)

History

• Source: Repealed at 39 Ill. Reg. 1141, effective December 31, 2014

17 Ill. Adm. Code 885.10 Definitions

"Act" means the Herptile-Herps Act [510 ILCS 68].

"Code" means the Fish and Aquatic Life Code [515 ILCS 5].

"Commercialize" means to sell, offer for sale, barter, trade or otherwise assign a commercial value to a herptile protected under this Part.

"Department" means the Illinois Department of Natural Resources.

"Educational Program" means a program of organized instruction or study for providing education intended to meet a public need.

"Herpetoculture" means the breeding, hatching, propagation, or raising of indigenous or native herptiles in captivity.

"Herptile" means any amphibian or reptile taxon and includes any species, hybrid, or intergrade thereof.

"Herptile Special Use Permit" means the permit issued by the Department under Section 10-15 of the Act and Sections 885.120, 885.140 and 885.150 of this Part that authorizes use of special use herptiles for programs of a bonafide educational purpose.

"HETP" means the Herptile Endangered Threatened Propagation Permit described in Section 885.103.

"HSCP" means the Herptile Scientific Collection Permit described in Section 885.50.

"Hybrid" means the offspring of two herptiles of different breeds, varieties, species, or genera.

"Indigenous" or "Native Taxa" means those amphibians and reptiles to the subspecies level (where applicable) that can be found naturally in this State.

"Individual" means a natural person.

"Intergrade" means the offspring of two herptiles of different subspecies.

"Limited Entry Special Use Herptile Permit" or "Limited Entry Permit" means a Herpetoculture Permit or Special Use Herptile Permit issued to a nonresident of Illinois allowing that person to bring specified herptiles into Illinois for a limited period not to exceed 30 days.

"Listed" means a species that is listed as endangered or threatened, either at the State level or the federal level.

"Medically Significant" means a venomous or poisonous species whose venom or toxin can cause death or serious illness or injury in humans that may require emergency room care or the immediate care of a physician. These species are categorized as being "medically significant" or "medically important".

"Morphological Variation" means the form and structure of a herptile or any part of a herptile. "Morphological variation" includes the outward appearance, structure, shape, color, pattern and size of a herptile.

"Non-listed" means a species that is not endangered or threatened.

"Owner" means an individual who has a legal right to the possession of a herptile.

"Person" means any individual, partnership, corporation, organization, trade or professional association, firm, limited liability company, joint venture or group.

"Possession Limit" means the maximum number or amount of herptiles either alive or dead that can be lawfully held or possessed by one person at any time.

"Possessor" means any person who possesses, keeps, harbors, brings into the State, cares for, acts as custodian for, has in his or her custody or control or holds a property right to a herptile.

"Propagation" means the act or process of maintaining any herptile in its natural environment or in a controlled environment that intentionally or unintentionally results in the production of eggs or offspring from the parent stock. "Propagation" includes the attempt to produce eggs or offspring from the parent stock.

"Ranavirus" means any group of viruses in the family Iridoviridae that are highly infectious and often lethal to aquatic and terrestrial cold-blooded wildlife. Ranaviruses can cause mass die-offs, especially in aquatic populations. These viruses are found nearly worldwide and can infect any species of fish, amphibian or reptile.

"Resident" means a person who in good faith makes application for any license or permit and verifies by statement that he or she has maintained his or her permanent abode in this State for a period of at least 30 consecutive days immediately preceding the person's application, and who does not maintain permanent abode or claim residency in another state for the purposes of obtaining any of the same or similar licenses or permits under the Act. A person's permanent abode is his or her fixed and permanent dwelling place, as distinguished from a temporary or transient place of residence. Domiciliary intent is required to establish that the person is maintaining his or her permanent abode in this State. Evidence of domiciliary intent includes, but is not limited to, the location where the person votes, pays personal income tax, or obtains a driver's license. Any person qualifying as a resident under this definition who is on active duty in the Armed Forces shall be considered a resident of Illinois during his or her period of military duty.

"Special Use Herptile" means any taxon of amphibian or reptile (including, but not limited to crocodilians, Komodo dragons, crocodile monitor lizards, or venomous species) for which a Special Use Herptile Permit is required to acquire and possess.

"Take" means possess, collect, catch, detain, hunt, shoot, pursue, lure, kill, destroy, capture, gig or spear, trap or ensnare or harass, or an attempt to do so.

"Taxon" or the plural "Taxa" means a taxonomic category such as a genus, species or subspecies.

"Transport" or "Ship" means to convey by parcel post, express, freight, baggage or shipment by common carrier of any description; by automobile, motorcycle or other vehicle of any kind; by water or aircraft of any kind; or by any other means of transportation. [510 ILCS 68/1-15]

"Voucher Herptile" means an actual herptile specimen deposited into a museum or scientific institution collection as proof of its existence in the locality at which it was collected.

History

• Source: Amended at 49 Ill. Reg. 10413, effective July 31, 2025

Chapter I Department of Natural Resources

Subchapter b Fish and Wildlife

Part 885 Herptile Code

17 Ill. Adm. Code 885.15 Purpose

This Part is established to govern the taking, acquisition, possession, transport, disposition and commercial use of herptiles defined and specified in the Act, the issuance of those permits, and reporting requirements.

17 Ill. Adm. Code 885.20 Seasons, Limits and Methods of Take for Bullfrogs, Snapping Turtles and Other Native Herptiles

a) A sport fishing license is required for residents, unless exempt from a sport fishing license under Section 20-5 and 20-15 of the Code to legally collect or take any native herptile taxon.

b) Bullfrogs and common snapping turtles may be taken only June 15 through October 15. There is no closed season on all other non-listed native herptiles.

c) The daily harvest limit for bullfrogs is eight, with a possession limit of 16. The daily harvest limit for common snapping turtles is two, with a possession limit of four.

d) Unless otherwise permitted under 510 ILCS 68/5-5, for non-listed native herptile taxa (excluding common snapping turtles and bullfrogs), the possession limit is eight collectively, with no more than four per species. This includes live specimens or any parts thereof.

e) Unless otherwise permitted under Section 885.60, bullfrogs may be taken by hand, gig, pitchfork, spear, landing net, bowfishing, and hook and line during bullfrog season. Bowfishing for bullfrogs is prohibited at 2 Pole and Line Fishing Only sites noted in 17 Ill. Adm. Code 810.45, except during the dates where take of fish by bow and arrow or bow and arrow devices are allowed at that site subject to any location specific uses of such devices.

f) Unless otherwise permitted under Section 885.60, turtles other than common snapping turtles may be taken only by hand. Common snapping turtles may be taken only by hand, hook and line or bow and arrow. Bowfishing for bullfrogs is prohibited at 2 Pole and Line Fishing Only sites noted in 17 Ill. Adm. Code 810.45, except during the dates where take of fish by bow and arrow or bow and arrow devices are allowed at that site subject to any location specific uses of such devices. Common snapping turtles may not be taken by bow and arrow in the following counties: Randolph, Perry, Franklin, Hamilton, White, Gallatin, Saline, Williamson, Jackson, Union, Johnson, Pope, Hardin, Massac, Pulaski and Alexander.

g) Nonresidents

Nonresidents may not possess or collect herptiles collected from the wild within this State, except for scientific purposes to those individuals that have been issued a Herptile Scientific Collection permit.

History

• Source: Amended at 49 Ill. Reg. 10413, effective July 31, 2025

17 Ill. Adm. Code 885.30 Counties Documented with Ranavirus

a) Pursuant to 510 ILCS 68/30-10, collection of wild turtles for races or other types of events involving congregating and gathering numbers of wild turtles is prohibited in counties where ranavirus has been documented.

b) The following Illinois counties have been documented with Ranavirus: Clark, Cook, Jackson, Lake, Madison, Monroe and Vermilion.

c) This Section may be amended to add additional counties as ongoing research documents new outbreaks of the virus in Illinois.

History

• Source: Amended at 49 Ill. Reg. 10413, effective July 31, 2025

17 Ill. Adm. Code 885.40 Indigenous or Native Herptile Taxa List

The following list comprises Illinois' indigenous or native herptile taxa to the subspecies level, if applicable. A current list of State endangered/threatened species may be found in 17 Ill. Adm. Code 1010. A single asterisk (*) denotes a venomous and special use species.

Salamanders

Jefferson Salamander

Ambystoma jeffersonianum

Blue-spotted Salamander

Ambystoma laterale

Spotted Salamander

Ambystoma maculatum

Marbled Salamander

Ambystoma opacum

Silvery Salamander

Ambystoma platineum

Mole Salamander

Ambystoma talpoideum

Small-mouthed Salamander

Ambystoma texanum

Eastern Tiger Salamander

Ambystoma tigrinum

Eastern Hellbender

Cryptobranchus alleganiensis

Spotted Dusky Salamander

Desmognathus conanti

Northern Dusky Salamander

Desmognathus fuscus

Southern Two-lined Salamander

Eurycea cirrigera

Eastern Long-tailed Salamander

Eurycea longicauda longicauda

Dark-sided Salamander

Eurycea longicauda melanopleura

Cave Salamander

Eurycea lucifuga

Four-toed Salamander

Hemidactylium scutatum

Common Mudpuppy

Necturus maculosus

Central Newt

Notophthalmus viridescens louisianensis

Eastern Red-backed Salamander

Plethodon cinereus

Northern Zigzag Salamander

Plethodon dorsalis

Northern Slimy Salamander

Plethodon glutinosus

Western Lesser Siren

Siren intermedia nettingi

Frogs and Toads

Blanchard's Cricket Frog

Acris blanchardi

American Toad

Anaxyrus americanus americanus

Dwarf American Toad

Anaxyrus americanus charlesmithi

Fowler's Toad

Anaxyrus fowleri

Eastern Narrow-mouthed Toad

Gastrophryne carolinensis

Western Bird-voiced Treefrog

Hyla avivoca

Cope's Gray Treefrog

Hyla chrysoscelis

Green Treefrog

Hyla cinerea

Eastern Gray Treefrog

Hyla versicolor

Northern Crawfish Frog

Lithobates areolatus circulosus

Plains Leopard Frog

Lithobates blairi

American Bullfrog

Lithobates catesbeianus

Green Frog

Lithobates clamitans

Pickerel Frog

Lithobates palustris

Northern Leopard Frog

Lithobates pipiens

Southern Leopard Frog

Lithobates sphenocephalus

Wood Frog

Lithobates sylvaticus

Spring Peeper

Pseudacris crucifer

Upland Chorus Frog

Pseudacris feriarum

Illinois Chorus Frog

Pseudacris illinoensis

Boreal Chorus Frog

Pseudacris maculata

Western/Midland Chorus Frog

Pseudacris triseriata

Eastern Spadefoot Toad

Scaphiopus holbrookii

Turtles

Midland Smooth Softshell Turtle

Apalone mutica

Spiny Softshell Turtle

Apalone spinifera

Common/Eastern Snapping Turtle

Chelydra serpentina

Western Painted Turtle

Chrysemys picta bellii

Southern Painted Turtle

Chrysemys picta dorsalis

Midland Painted Turtle

Chrysemys picta marginata

Spotted Turtle

Clemmys guttata

Blanding's Turtle

Emydoidea blandingii

Northern Map Turtle

Graptemys geographica

Northern False Map Turtle

Graptemys pseudogeographica pseudogeographica

Mississippi Map Turtle

Graptemys pseudogeographica kohnii

Ouachita Map Turtle

Graptemys ouachitensis ouachitensis

Yellow Mud Turtle

Kinosternon flavescens

Eastern Mud Turtle

Kinosternon subrubrum

Alligator Snapping Turtle

Macrochelys temminckii

River Cooter

Pseudemys concinna

Common/Eastern Musk Turtle

Sternotherus odoratus

Eastern Box Turtle

Terrapene carolina carolina

Ornate Box Turtle

Terrapene ornata

Red-eared Slider

Trachemys scripta elegans

Lizards

Eastern Six-lined Racerunner

Aspidoscelis sexlineata sexlineata

Western Slender Glass Lizard

Ophisaurus attenuatus attenuatus

Common Five-lined Skink

Plestiodon fasciatus

Broad-headed Skink

Plestiodon laticeps

Eastern Fence Lizard

Sceloporus undulatus

Ground/Little Brown Skink

Scincella lateralis

Snakes

Midwestern Worm Snake

Carphophis amoenus helenae

Western Worm Snake

Carphophis vermis

Northern Scarlet Snake

Cemophora coccinea copei

Kirtland's Snake

Clonophis kirtlandii

Blue Racer

Coluber constrictor foxii

Southern Black Racer

Coluber constrictor priapus

Prairie Ring-necked Snake

Diadophis punctatus arnyi

Northern Ring-necked Snake

Diadophis punctatus edwardsii

Mississippi Ring-necked Snake

Diadophis punctatus stictogenys

Western Mud Snake

Farancia abacura reinwardtii

Western Hog-nosed Snake

Heterodon nasicus

Eastern Hog-nosed Snake

Heterodon platirhinos

Prairie King Snake

Lampropeltis calligaster calligaster

Speckled King Snake

Lampropeltis getula holbrookii

Eastern Black King Snake

Lampropeltis getula nigra

Red Milk Snake

Lampropeltis triangulum syspila

Eastern Milk Snake

Lampropeltis triangulum triangulum

Eastern Coachwhip

Masticophis flagellum

Mississippi Green Watersnake

Nerodia cyclopion

Plain-bellied Watersnake

Nerodia erythrogaster

Southern/Broad-banded Watersnake

Nerodia fasciata

Diamond-backed Watersnake

Nerodia rhombifer rhombifer

Midland Watersnake

Nerodia sipedon pleuralis

Northern Watersnake

Nerodia sipedon sipedon

Rough Green Snake

Opheodrys aestivus

Smooth Green Snake

Opheodrys vernalis

Great Plains Rat Snake

Pantherophis emoryi

Black Rat Snake

Pantherophis obsoletus (spiloides) obsoletus

Gray Rat Snake

Pantherophis obsoletus (spiloides) spiloides

Western/Eastern Fox Snake

Pantherophis ramspotti/vulpinus

Bull Snake

Pituophis catenifer sayi

Graham's Crayfish Snake

Regina grahamii

Queen Snake

Regina septemvittata

Midland Brown Snake

Storeria dekayi wrightorum

Northern Red-bellied Snake

Storeria occipitomaculata occipitomaculata

Flat-headed Snake

Tantilla gracilis

Western Ribbon Snake

Thamnophis proximus proximus

Plains Garter Snake

Thamnophis radix

Eastern Ribbon Snake

Thamnophis sauritus

Chicago Garter Snake

Thamnophis sirtalis semifasciatus

Eastern Garter Snake

Thamnophis sirtalis sirtalis

Lined Snake

Tropidoclonion lineatum

Western Smooth Earth Snake

Virginia valeriae elegans

Southern Copperhead

Agkistrodon contortrix contortrix *

Northern Copperhead

Agkistrodon contortrix mokasen *

Western Cottonmouth

Agkistrodon piscivorus leucostoma *

Timber Rattlesnake

Crotalus horridus *

Eastern Massasauga

Sistrurus catenatus *

Chapter I Department of Natural Resources

Subchapter b Fish and Wildlife

Part 885 Herptile Code

17 Ill. Adm. Code 885.45 Use of Boas, Pythons and Anacondas

a) Any person using a boa, python or anaconda that is not native to the United States, at strictly educational events with no commercialization, sponsored by a school herpetological society, museum, zoo or nature center, must maintain control or physical possession of that species at all times. [510 ILCS 68/15-15] These events include, but are not limited to, the Chicago Herpetological Society's Reptile Fest, Wildlife Discovery Center's Reptile Rampage, Central Illinois Herpetological Society's Reptile Fair and Midwest Museum of Natural History's Rockin for the Reptiles.

b) In strictly educational events as described in subsection (a), the owner or affiliated agent in control of the boa, python or anaconda shall ensure any contact with the snakes will be supervised and conducted in a manner that results in no physical harm to a member of the public.

c) In licensed pet stores where someone may wish to handle the boa, python or anaconda prior to purchase, or for other reasons, handling shall be supervised and conducted by the owner or affiliated agent in a manner that results in no physical harm to a member of the public while interacting with the snakes.

17 Ill. Adm. Code 885.48 Medically Significant Amphibians

Medically significant poisonous/venomous amphibians, capable of causing bodily harm to humans or animals, may be possessed for educational purposes or research purposes by bona fide scientific or educational institutions. Medically significant amphibians include cane or marine toads/suriname giant marine toads (Bufo marinus), Colorado river toads (Bufo alvarius), Smooth-sided toad (Rhaebo [Bufo] guttatus), any South American/ beaked/Rio Viejo/Crested toads (genus Rhinella), Bruno's casque headed frog (Aparasphenodon brunoi), Greening's frog (Corythomantis greening), Spring-headed or Coronated tree frog (Anotheca [Triprion] spinosa), and Ranwella's horned tree frog (Polypedates ranwellai), including hybrids or intergrades of any of the listed species in this Section.

History

• Source: Added at 49 Ill. Reg. 10413, effective July 31, 2025

17 Ill. Adm. Code 885.50 Herptile Scientific Collection Permit Application

a) Any person who wishes to do research on, take or salvage non-listed Illinois herptiles must obtain and possess a valid Herptile Scientific Collection Permit (HSCP) from the Department. The HSCP will permit, for strictly scientific purposes, the capture, marking, handling, banding or collection (including hide, skin, bones, teeth, claws, nest, eggs or young) of any of the herptiles not protected under federal law or the Illinois Endangered Species Protection Act [520 ILCS 10], but now protected under the Herptiles-Herps Act. Any collections made must be for permanent donation to bonafide public or state scientific, educational or zoological institutions. There is no fee for this permit. Any person who is under the direct control of the applicant, or who is employed by or under control of the applicant and will be assisting with the activities authorized under a HSCP must be listed in the permit application.

b) To be eligible for an HSCP for scientific research or salvage, the applicant must:

1. be at least 18 years of age;

2. be engaged in scientific research, which may include, but is not necessarily limited to, research sponsored by universities, colleges or scientific institutions; and

3. have public or state scientific, educational or zoological institutions available that will take any voucher herptiles that are collected.

c) To be eligible for an HSCP for salvage and subsequent rehabilitation of injured herptiles, the applicant must:

1. be at least 18 years of age;

2. have held a salvage permit from the previous year or submit a reference statement from a licensed veterinarian, zoological curator, conservation police officer or an DNR wildlife resources, natural heritage or fisheries biologist, as appropriate, stating that the applicant has experience in treating and handling wild herptiles and has facilities available to treat, care for and produce self-dependent herptiles for release to the wild; and

3. have public or state scientific, educational or zoological institutions available that will take voucher and/or permanently disabled herptiles.

d) Application for an HSCP can be found on the Departments website (www.dnr.illinois.gov) and shall be made on forms provided by the Department. Information items requested on application forms will include, but are not limited to: name, address, phone number, list of herptile species to be requested for that permit. These forms may be submitted via email at DNR.HerpPermit@

illinois.gov.

e) HSCPs will be issued by the Department provided the applicant has met the eligibility requirements of this Section and the application form has been completed.

f) Collecting on Department-owned, -managed and -leased properties, including but not limited to, collecting in State Parks or Conservation Areas, Nature Preserves or Land and Water Reserves may require additional permits, pursuant to Section 6 of the State Parks Act [20 ILCS 835], Section 23 of the Illinois Natural Areas Preservation Act [525 ILCS 30], and 17 Ill. Adm. Code 110.70, 4000.570, 4000.580 and 4010.260.

History

• Source: Amended at 49 Ill. Reg. 10413, effective July 31, 2025

17 Ill. Adm. Code 885.60 Herptile Scientific Collection Permit Provisions

a) Full-time employees of state or federal conservation agencies shall be issued an HSCP at no charge for the term of their employment, as long as that person continues to submit, by January 31 of each year, an annual report of the past year's activities as defined in Section 885.70.

b) The HSCP is valid for only the approved type of research and/or collection of a voucher herptile stated on the permit. Under no circumstances shall an HSCP be used in lieu of sport or commercial licenses. HSCPs exempt holders from herptile possession limits for strictly research only, whereas sport fishing licenses do have personal herptile possession limits and Herpetoculture Permits (see Sections 885.80, 885.90 and 885.100) exempt holders from herptile possession limits for personal or commercial purposes only.

c) The permittee's method of taking herptiles must be approved by the Department. All devices used for taking, which are left unattended, must have the permittee's name, address and HSCP number visible on them.

d) Taking and/or salvage of herptiles shall be performed by or under the direct supervision of the permittee. The permittee shall disclose in the permit application the name of any other person who will assist the permittee. The permittee must be present when any person named in the application is involved in the actual taking of herptiles.

e) Taking and/or collection of a voucher herptile is only allowed in areas designated on the permit.

f) Taking and/or collection of a voucher herptile on private properties requires oral or written landowner's or landowner designee's permission. This permit does not allow the privilege of trespass.

g) Taking and/or collection of a voucher herptile on Department-owned, -leased, or -managed lands, including, but not limited to, collection in State Parks, Conservation Areas, Nature Preserves or Land and Water Reserves, is not permitted without additional permits, pursuant to the State Parks Act, Illinois Natural Areas Preservation Act and 17 Ill. Adm. Code 110.70, 4000.570, 4000.580 and 4010.260.

h) The HSCP must be carried on the person at all times when taking specimens and be presented, upon request, to Department or law enforcement personnel.

i) Except as otherwise stated on the face of a permit, any person who is under the direct control of the permittee, or who is employed by or under control of the permittee for the purposes authorized by the permit, may carry out the activity authorized by the permit. Additional persons or agents must be disclosed on the application.

j) Herptiles taken and rehabilitated shall be released to the wild here originally captured or shall be permanently donated to a public or state scientific educational or zoological institution. Any proposed return of a herptile taken under an HSCP to the wild of Illinois must first be pre‑approved in writing by the Department. Return of a herptile to the wild of Illinois without written approval by the Department will constitute a violation of this Part.

k) The permittee is responsible for the taking activities under the permit and for submitting the annual report required by Section 885.70. The permittee must maintain a record of all specimens taken for no less than two years and shall present that record, upon request, to Department or law enforcement personnel.

l) An HSCP does not release the permittee from other provisions under the Act, nor from federal or other State statutes and does not supersede federal permits.

m) No person shall transfer a permit issued under this Section to another person.

History

• Source: Amended at 49 Ill. Reg. 10413, effective July 31, 2025

Chapter I Department of Natural Resources

Subchapter b Fish and Wildlife

Part 885 Herptile Code

17 Ill. Adm. Code 885.70 Herptile Scientific Collection Permit Reports and Renewal

a) By January 31 annually, the permit holder shall submit to the Department an annual report, either in hardcopy or online, on forms provided by the Department. Failure to provide this report by the due date will result in a violation of this Part and denial of subsequent renewal requests by the permittee for a period of not less than one year.

b) The permittee shall also provide the Department one copy of all written reports resulting from the permitted activities, in a format specified by the Department, including, but not limited to, reports, technical papers or technical notes. Permits will be renewed only after copies of the annual report and all written reports have been received by the Department. Permittees are required to update, when submitting the annual report, any applicable personal or contact information.

17 Ill. Adm. Code 885.80 Herpetoculture Permit Requirements, Application and Fees

a) A Herpetoculture Permit is required of any persons wishing to:

1. be exempt from the possession limits for non-listed native herptile taxa, regardless of whether the permit holder only possesses, or also breeds or commercializes;

2. commercialize any non-listed native herptile taxa that have not originated from the wild in Illinois;

3. breed (either intentionally or unintentionally) any non-listed native herptile taxa.

b) Residents seeking to obtain a Herpetoculture Permit must submit an application form, provided by the Department at www.dnr.illinois.gov, along with a nonrefundable annual fee of $50. Information items requested on application forms will include, but are not limited to: name, address, phone number, list of herptile species to be requested for that permit. These forms may be submitted via email at DNR.HerpPermit@illinois.gov. The Department will review and act on these permit requests within 60 days after receipt of the request. Residents applying for renewal of their permit must submit an application, along with annual reports for the preceding year's activities and a nonrefundable fee of $50. Applications may be mailed to IDNR, Herptile Permits, One Natural Resources Way, Springfield IL 62702.

c) Nonresidents seeking to obtain a limited entry Herpetoculture Permit to sell or offer for sale any non-listed native herptile taxa that have not originated from the wild in Illinois must submit an application, provided by the Department, along with a nonrefundable fee of $25. This permit shall be valid for a specified period that does not exceed 15 consecutive days.

d) Applicants must be at least 18 years of age. All portions of the permit application must be completed in full and accompanied by the nonrefundable fee. Incomplete applications will be rejected. All non-listed native herptile taxa the applicant wishes to work with or commercialize must be listed on the permit application form. Any person who is under the direct control of the applicant, or who is employed by or under control of the applicant and will be assisting with the activities authorized under a Herpetoculture Permit must be listed in the permit application.

e) No Herpetoculture Permit will be issued for any special use herptile taxa. Special use herptile taxa are subject to permitting requirements of Section 885.120.

f) Indigenous herptile taxa collected from the wild in this State, or any resulting offspring, may not be bred or commercialized, including any lineages of wild-caught Illinois herptiles, unless otherwise authorized by the Department, in writing, for research or recovery purposes.

g) Release of any propagated indigenous herptile is prohibited unless authorized by the Department in writing.

History

• Source: Amended at 49 Ill. Reg. 10413, effective July 31, 2025

17 Ill. Adm. Code 885.90 Herpetoculture Permit Provisions

a) Additions of native herptile species to Herpetoculture Permits must be approved by the Department prior to acquisition of the species and any changes or reductions in native herptile species identified on the permit must be reported to the Department in writing no later than the first business day after the change or reduction occurs.

b) Herpetoculture Permit holders must have in possession proof of origin of the native herptiles that are being sold or offered for sale. This can be original receipts from when the permit holder acquired the specimens, along with photo documentation of subsequent hatching eggs and/or hatchlings. Documentation must be presented, upon request, to any authorized officer or agent of the Department or local, state or federal law enforcement officer.

c) Native herptile species held under a Herpetoculture Permit shall be maintained in facilities that meet the standards of Section 885.160.

d) Receipts/bills of sale must be issued for each sale of native herptile species. Failure to issue paper receipts/bills of sale or issuance of incomplete paper receipts/bills of sale shall constitute a violation of this Part. Receipts/bills of sale shall include:

1. name, address, phone number and Department Herpetoculture Permit number of the seller in the upper left hand corner;

2. name, address and phone number of the buyer;

3. date of transaction;

4. quantities and species of each native herptile sold.

e) Any sale of a native herptile to a nonresident shall be documented by a receipt/bill of sale as described in subsection (d) to verify, when the herptile is exiting the State, that it was legally obtained.

f) Permits must be in the possession of the holder or his or her agent (the agent must be disclosed in the permit application) when engaged in activities involving native herptile species and must be presented, upon request, to any authorized officer or agent of the Department or any local, state or federal law enforcement officer.

g) Except as otherwise stated on the face of a permit, any person who is under the direct control of the permittee, or who is employed by or under control of the permittee for the purposes authorized by the permit, may carry out the activity authorized by the permit. Additional persons or agents must be disclosed on the application.

h) No person shall transfer a Herpetoculture Permit to another person.

i) The authorization on the face of a permit that allows specific activities (such as sale, possession, etc.), specifies numbers of native herptile species, or otherwise specifically limits the permit are to be strictly construed and shall not be interpreted to permit similar or related matters outside the scope of strict construction.

j) All records of permit holder sales and purchases must be kept for a minimum of two years from the date of disposition of the herptile.

History

• Source: Amended at 49 Ill. Reg. 10413, effective July 31, 2025

Chapter I Department of Natural Resources

Subchapter b Fish and Wildlife

Part 885 Herptile Code

17 Ill. Adm. Code 885.100 Herpetoculture Permit Reporting and Renewal

a) Resident permit holders shall submit a report by January 31 of each year on forms provided by the Department that summarizes activities conducted under the permit during the preceding calendar year. Failure to submit this annual report by the due date will constitute a violation of this Part and may result in denial of subsequent renewal requests.

b) Any permit holder approved to sell or offer to sell non-listed native herptiles shall present copies of receipts/bills of sale to any agent of the Department or authorized local, state or federal law enforcement officer upon request. Failure to present copies of receipts/bills of sale will constitute a violation of this Part.

c) Resident permit holders applying for renewal of the Herpetoculture Permit shall do so by January 31 of each year and shall submit the nonrefundable fee (see Section 885.80), along with the annual report.

d) Nonresident Limited Entry Herpetoculture Permit holders shall submit a report within 30 days after the expiration of the permit, on forms provided by the Department, along with the copies of receipts/bills of sale. Failure to provide to the Department the report and copies will constitute a violation of this Part.

17 Ill. Adm. Code 885.103 Herptile Endangered and Threatened Species Propagation Permit Requirements, Application and Fees

a) A Herptile Endangered and Threatened Species Propagation Permit (HETP) is required of any resident wishing to:

1. acquire or possess, for the purpose of propagation (intentionally or unintentionally), any herptiles listed under the Illinois Endangered Species Protection Act [520 ILCS 10], that have been legally obtained; or

2. commercialize or offer for sale, any captively propagated and hatched State or federally endangered/threatened herptiles that was legally obtained.

b) A person must have a valid Department endangered/threatened species possession permit for any State or federally endangered/threatened herptile taxa or any hybrid, intergrade, cross, or morphological variation thereof prior to obtaining a permit under this Section. Residents seeking to obtain an HETP must be a minimum of 18 years of age and submit an official application along with a non-refundable annual fee of $150. Applications and instructions for submittal can be found at www.dnr.illinos.gov.

c) Permits for possession only of endangered or threated species (i.e. no propagation either intentionally or unintentionally) must be applied for at: www://dnr.illinois.gov/ORCApplication Review.

d) A current list of State endangered/threated herptiles can be found at 17 Ill. Adm. Code 1010. A list of all federally endangered/threated species can be found at www://ecos.fws.gov.

e) No HEPT will be issued for any special use herptiles defined in Section 885.120. Special use herptiles are subject to permitting requirements under Section 885.120.

f) Release of any propagated endangered/threatened herptiles is strictly prohibited unless authorized by the Department pursuant to Section 5-40 of the Act.

g) Pursuant to Section 5-20(b) of the Act, any person issued a Herptile Endangered and Threatened Species Propagation permit by the Department who is in possession of a threatened or endangered (T/E) herptile species shall be exempt from an individual's overall possession limit under the permitting system set forth in this Act. A permitted persons possession limit shall be listed on their issued HETP.

History

• Source: Added at 49 Ill. Reg. 10413, effective July 31, 2025

17 Ill. Adm. Code 885.105 Herptile Endangered and Threatened Species Propagation Permit Provisions

a) Additions of endangered/threated herptile species to an HETP must be approved by the Department prior to acquisition of the species. Reductions in possessed quantities of endangered/threatened species identified on the permit must be reported to the Department in writing no later than the first business day after the reduction occurs.

b) HETP holders must retain proof of origin of all endangered/threatened herptiles being propagated, sold, or offered for sale. This can be original purchase receipts and/or a current Department endangered/threatened species possession permit, along with photo documentation of subsequent hatching eggs and/or hatchlings. Documentation must be presented, upon request, to any authorized officer or agent of the Department or local, state or federal law enforcement officer. The Department may require proof of origin for any State or federally endangered/threatened herptiles to be propagated if that information has not already been submitted to the Department.

c) Endangered/threatened herptile species held under an HETP shall be maintained in facilities that meet the standards of Section 885.160.

d) Receipts/bills of sale must be issued to all Illinois residents, as well as non-residents, for each sale of endangered/threatened herptile species. Failure to issue paper receipts/bills of sale or incomplete paper receipts/bills of sale shall constitute a violation of this Part. Receipts bills of sale shall include:

1. name, address, phone number and Department HETP number of the seller in the upper left hand corner;

2. name, address, phone number and Department permit number (both HETP and Department endangered/threatened species possession permit), where applicable, of the buyer;

3. date of transaction; and

4. quantity of each endangered/threatened herptile sold.

e) It is unlawful to sell an endangered/threatened herptile to an Illinois resident who does not have either a current Department endangered/threatened species possession permit, and/or HETP, allowing possession of the species being sold. Sellers must be presented with either an electronic or hard copy of the buyer's permit before completing any transaction.

f) Permits must be in the possession of the holder, or the permit holder's agent (agent must be disclosed in the permit application) when engaged in activities involving endangered/threatened herptiles. Permits must be presented, upon request, to any authorized officer or agent of the Department, or any local, State or federal law enforcement officer. Failure to present permits shall constitute a violation of this Part.

g) No person shall transfer an HETP to another person.

h) The authorization on the face of a permit that allows specific activities (such as sale, possession, etc.), specifies quantities of endangered/threatened herptile species, or other special conditions are to be strictly adhered to and shall not be interpreted to allow similar or related matters outside the scope of the permit.

i) Copies of all sales and purchase records shall be kept for a minimum of two years after the date of disposition of any endangered/threatened herptile. Failure to present copies of receipts/bills of sale to any agent of the Department or authorized local State or federal law enforcement officer upon request shall constitute a violation of this Part.

j) Any hybrid, intergrade, cross, or morphological variation of any listed herptile shall be treated as an endangered or threatened herptile under this Part. Examples of these include, but are not limited to: scaleless corn snakes, root beer corn snakes, creamsicle/dreamsicle corn snakes, and Slowinski/Kisatchie rat snakes.

History

• Source: Added at 49 Ill. Reg. 10413, effective July 31, 2025

17 Ill. Adm. Code 885.107 Herptile Endangered and Threatened Species Propagation Permit Reporting and Renewal

a) All HETP holders shall submit an annual report by January 31 of each year summarizing activities conducted under the permit during the preceding calendar year. Permit holders applying for HETP renewal shall do so by January 31 of each year and submit the non-refundable fee (see Section 885.103), along with the annual report.

b) Annual report forms can be accessed at: www.dnr.illinois.gov.

c) Permit holders must notify the Department in writing of any changes in name, address, or similar contact information within five business days after making such a change.

History

• Source: Added at 49 Ill. Reg. 10413, effective July 31, 2025

17 Ill. Adm. Code 885.110 Medically Significant Rear-fanged Colubridae

a) The following 15 medically significant colubrid genera are subject to this Section: Alsophis, Boiga, Conophis, Hydrodynastes, Macropisthodon, Malpolon, Oligodon, Phalotris, Philodryas, Psammophis, Rhamphiophis, Thrasops, Tomodon, Waglerophis and Xenodon [510 ILCS 68/10-5].

b) Except for boomslangs (Dispholidus), twig snakes (Thelotornis), keelbacks (Rhabdophis), Blanding's tree snake (Toxicodendron), brown tree snake (Boiga irregularis), Green Palmsnake or Common green racer (Philodryas [Chlorosoma] viridissima), and Lichtenstein's green racer (Philodryas olfersii), all other medically significant species within the genera listed in subsection (a) may be kept with a Herptile Special Use Permit and be exempt from the required hours of experience needed (see Section 10-15 of the Act) and liability insurance requirement (see Section 60-5 of the Act). Annual permit fee, reporting requirements, prohibition on breeding (intentional or unintentional), and required educational programs remain in effect. The facilities to be used to house rear-fanged colubrids must still meet the standards of Article 10 of the Act (Venomous Reptiles) and Section 885.160. Experience with rear-fanged colubrids will not count towards experience with other venomous species.

History

• Source: Amended at 49 Ill. Reg. 10413, effective July 31, 2025

17 Ill. Adm. Code 885.120 Resident Herptile Special Use Permit Requirements, Application and Fee

a) A Herptile Special Use Permit is required of any resident who commits to conducting at least six educational programs per calendar years, for which the resident is seeking to possess any venomous reptile or other special use herptile species, including, but not limited to, any crocodilian, Komodo dragon or crocodile monitor lizard, pursuant to Articles 10, 20 (Crocodilians) and 25 (Monitor Lizards) of the Act, unless exempted under Section 110-5 of the Act. An application for a Herptile Special Use Permit must file an application with the Department on a form provided by the Department. Information items requested on application forms will include, but are not limited to: name, address, phone number, list of herptile species to be requested for that permit. Any person who is under the direct control of the applicant, or who is employed by or under control of the applicant and will be assisting with the activities authorized under a Resident Herptile Special Use Permit must be listed in the permit application. These forms may be submitted via email at DNR.HerpPermit@illinois.gov, or hardcopy applications may be mailed to IDNR, Herptile Permits, One Natural Resources Way, Springfield IL 62702. A period of 60 days should be allowed for the Department to receive and approve permits. Unless otherwise exempted by the Department, prior to any person obtaining a Herptile Special Use Permit, the following criteria must be met:

1. Applicants must be at least 18 years of age and complete all portions of the permit application form. Incomplete applications will be rejected.

2. Each applicant must submit payment for each application. The nonrefundable annual fee for a residential Herptile Special Use Permit shall be $250 per permittee.

3. The requirements of Article 60 of the Act (Herptile Special Use Requirements) must be met.

4. The venomous or special use herptile species applied for must be included in the approved list in Section 10-20, 20-5 or 25-5 of the Act.

5. Unless otherwise exempted, proof of the liability insurance or surety bond required by Section 60-5 of the Act shall be provided and maintained during the term of the permit.

b) In addition to completing a permit application form provided by the Department, the applicant must submit:

1. an outline of the educational program to be presented. Every educational program shall include information on the status of the special use herptiles being displayed or utilized and an explanation of the legal acquisition of the specimens;

2. a list of all similar programs conducted by the applicant during the two years preceding the application for a Herptile Special Use Permit, including estimates of the number of persons attending each presentation;

3. a statement as to how the possession of the specimens or products of special use herptiles by the applicant will enhance the welfare of the species involved; and

4. a description, including photographs, of the facilities intended for use in holding the special use herptile species.

c) A permit for special use herptiles may be issued if the applicant meets the following criteria:

1. unless exempted (see Section 885.110(b)), the credentials and required hours of experience of the applicant indicate training and experience that will assure the applicant has the ability to conduct the proposed programs;

2. the program promotes the survival of the special use herptile species and its natural habitat;

3. the program promotes understanding of the ecological needs of natural populations of the species;

4. the program promotes understanding of the role of the special use herptile species in its natural environment;

5. the applicable nonrefundable fee has been submitted (see subsection (a)(2));

6. unless otherwise exempted, the permit holder has obtained the amount of liability insurance applicable to the number of special use herptiles (see Section 885.150(b)(3));

7. the facilities to be used to house special use herptile species are shown to meet the standards defined in Section 885.160; and

8. a pre-inspection of the proposed facilities has been conducted and the Department has approved the facility.

History

• Source: Amended at 49 Ill. Reg. 10413, effective July 31, 2025

17 Ill. Adm. Code 885.130 Resident Herptile Special Use Permit Provisions

a) Special use herptiles for which a Herptile Special Use Permit has been issued will not count against an individual's possession limits under the Herpetoculture Permit.

b) It shall be unlawful for any person to propagate or attempt to propagate any special use herptile, either intentionally or unintentionally, without a Herptile Special Use Permit.

c) It shall be unlawful for any person to sell or offer for sale any special use herptile without a Herptile Special Use Permit.

d) Additions of specimens to Herptile Special Use Permits must be approved prior to acquisition of the specimens. Any changes in numbers of specimens possessed must be reported to the Department in writing no later than the first business day after that change occurs.

e) A minimum of six documented educational programs shall be required of each permittee per calendar year.

f) The special use herptile shall be maintained in a facility that meets the requirements of Sections 10-25, 20-15 and 25-15 of the Act and Section 885.160 of this Part.

g) Educational program use of special use herptiles shall be in accordance with Sections 10-30, 20-20 and 25-20 of the Act.

h) Transport of special use herptiles shall be in accordance with Sections 10-35, 20-25 and 25-25 of the Act.

i) All special use herptiles must be pit-tagged or microchipped to individually identify them unless the specimen is too small to be tagged or chipped. In that case, a color photograph documenting pattern aberrancies unique to that specimen may be accepted until the herptile is larger, at the sole discretion of the Department.

j) The Herptile Special Use Permit, or a valid copy of the permit, must be in the possession of the holder or his or her agent (the agent must be disclosed in the permit application) when engaged in activities involving special use herptile species and presented upon demand to any authorized officer or agent of the Department or authorized local, State or federal law enforcement officer.

k) Except as otherwise stated on the face of a permit, any person who is under the direct control of the permittee, or who is employed by or under control of the permittee for the purposes authorized by the permit, may carry out the activity authorized by the permit. Additional persons or agents must be disclosed on the application.

l) No person shall transfer a Herptile Special Use Permit to another person.

m) The authorization on the face of a permit that allows specific activities (such as taking, possession, etc.), specifies the number or quantity of special use herptile specimens or products, or otherwise specifically limits the permit are to be strictly construed and shall not be interpreted to permit similar or related matters outside the scope of strict construction.

History

• Source: Amended at 49 Ill. Reg. 10413, effective July 31, 2025

Chapter I Department of Natural Resources

Subchapter b Fish and Wildlife

Part 885 Herptile Code

17 Ill. Adm. Code 885.140 Resident Herptile Special Use Permit Reporting Requirements

a) A person who possesses any special use herptile must maintain records pertaining to the acquisition, possession and disposition of the special use herptile.

b) These records shall be maintained for a minimum of 2 years after the date the special use herptile is no longer in possession of the permit holder. All records are subject to inspection by any authorized officer or agent of the Department or authorized local, state or federal law enforcement officer.

c) All pit-tag or microchip numbers, and any identifying photographs, are to be maintained as other pertinent records, unless otherwise provided.

d) Holders of Herptile Special Use Permits shall submit a report by January 31 of each year on forms provided by the Department that summarizes activities conducted under the permit during the preceding calendar year. Failure to submit this annual report by the due date will constitute a violation of this Part.

e) Permit holders may transfer special use herptiles to other permit holders with written approved by the Department. The transferring permit holder must include copies of receipts/bills of sale with the annual report. Failure to provide copies of receipts/bills of sale will constitute a violation of this Part.

f) Permit holders seeking to renew their Herptile Special Use Permits must submit the renewal application by January 31 of each year and must submit the nonrefundable permit fee (see Section 885.120(a)(2)), liability insurance renewal (if applicable), and proof of educational programs, along with the annual reports.

g) A permit holder shall notify the Department in writing of any change in his or her name or address or any change in his or her operations within 10 days after making the change.

17 Ill. Adm. Code 885.150 Limited Entry (Nonresident) Special Use Herptile Permits; Fees, Reporting and Renewal

a) Nonresidents seeking to transport, ship or display venomous or other special use herptiles through or within the State must apply for a Limited Entry Special Use Herptile Permit. The permit shall be valid for a specified period that does not exceed 15 consecutive days. Any person who is under the direct control of the applicant, or who is employed by or under control of the applicant and will be assisting with the activities authorized under a Limited Entry Special Use Herptile Permit must be listed in the permit application. The nonrefundable fee for the Limited Entry Permit is $25. [510 ILCS 68/65-5]

b) The Department may issue a Limited Entry Permit to an applicant who:

1. is not a resident of this State;

2. complies with the requirements of the Act and this Part;

3. provides proof to the Department that he or she shall, during the permit term, maintain sufficient liability insurance coverage of $100,000 per special use herptile, up to a maximum of $1,000,000;

4. pays to the Department, along with each Limited Entry Permit, a nonrefundable fee of $25;

5. uses the special use herptile for an activity authorized in the Limited Entry Permit [510 ILCS 68/65-5]; and

6. meets the standards defined in Article 10 of the Act and Section 885.160 of this Part to house special use herptiles.

c) In addition to completing a Limited Entry Permit application form provided by the Department, the applicant must submit:

1. a description, including photographs, of the facilities intended for use in holding the special use herptiles while in Illinois;

2. the name and address of any venues where the special use herptiles will appear;

3. the dates of entry and exit from the State;

4. a complete inventory of special use herptiles entering the State with the applicant; and

5. a verified statement that any specimens to be possessed while in Illinois have been obtained legally.

d) Limited Entry Permit holders must submit a report to the Department within 30 days after the expiration of the permit, on forms provided by the Department. Failure to provide required reports can result in denial of subsequent permit requests.

e) Permits must be in the possession of the holder or the permit holder's agent (agent must be disclosed in the permit application) when engaged in activities involving Special Use herptile species and must be presented, upon request, to any authorized officer or agent of the Department or any local, State or federal law enforcement officer.

f) Except as otherwise stated on the face of a permit, any person who is under the direct control of the permittee, or who is employed by or under control of the permittee for the purposes authorized by the permit, may carry out the activity authorized by the permit. Additional persons or agents must be disclosed on the application.

History

• Source: Amended at 49 Ill. Reg. 10413, effective July 31, 2025

17 Ill. Adm. Code 885.155 Herptile Diseases

a) Herptile diseases include, Ranavirus, chytrid fungus, of amphibians (Batrachochytrium dendrobatitis and Batrachocytrium salamandrivorans), Snake Fungal Disease, and turtle shell fungal disease (Emydomyces testovorans).

b) Owners and possessors of herptiles shall observe the health of their animals. Any herptile diagnosed positively with any herptile disease, shall be reported to the Department via email to DNR.HerpPermit@illinois.gov. Owners and possessors must ensure that their animals do not infect wild herptiles in Illinois.

c) The Department may recommend testing for herptile disease specific to a species of interest. A positive diagnosis from these tests may result in a required quarantine and treatment period that will be determined by a licensed veterinarian. Reporting to the Department will include date of veterinary visit, owner or possessor name and contact information, veterinarian's name and contact information, herptile species affected, pathogen tested, method of test, and outcome of animal (euthanized or alive). Reports will be sent to DNR.HerpPermit@illinois.gov.

d) Water, bedding, or other materials that have been in contact with a herptile disease that tested positive shall be disinfected prior to disposal such that infectious pathogens are no longer present in the affected material. Acceptable methods of disinfection include a 3% bleach bath for five minutes, autoclave, heat greater than 250 degrees for 30 minutes, or other methods approved by the Department. Owners and Possessor shall report method of disinfection used to DNR.HerpPermit@illinois.gov.

e) A herptile positively diagnosed with a herptile disease may not be propagated or transferred/commercialized to another person until determined free of disease by a veterinarian and approved by the Department. The Department may require owners or possessors to provide proof of testing, which may be at their expense, confirming the animal is free from disease.

f) Any wild release of captive-housed herptiles must be free from herptile diseases and approved by the Department prior to release. The Department may require owners or possessors to provide proof of testing, which may be at their expense, confirming the animal is free from disease.

History

• Source: Added at 49 Ill. Reg. 10413, effective July 31, 2025

17 Ill. Adm. Code 885.160 Herptile Facilities and Welfare Standards

a) Facility Standards

All Herpetoculture, Herptile Endangered and Threatened Species Propagation, and Herptile Special Use Permit holders shall keep herptiles in a secure, escape-proof enclosure that is large enough to allow the herptiles reasonable movement. The herptiles shall be supplied clean water, cover and a clean environment and shall be fed regularly.

1. Enclosures must be relatively free of feces and multiple shed skins. Non-eaten food items must be removed. Each permit holder must demonstrate that his or her premises and any facilities used in his or her operation comply with this Section.

2. The facility must be constructed of materials of sufficient strength and design to prohibit escape, and enclosures must be of dimensions that allow the intended species to move about freely. Facilities shall be structurally sound and maintained in good repair to protect herptiles from damage by unauthorized persons or from other causes. Electric power, if required to comply with other provisions of this Section, shall be available on the premises.

3. Temperatures in indoor facilities shall be regulated by heating or cooling to simulate conditions of the herptile's natural environment. Indoor facilities shall have lighting, by natural or artificial means or both, of quality, intensity, color, temperature, distribution and duration appropriate for the species.

4. Outdoor facilities shall be sited and constructed to simulate the natural environment of the herptile with regard to humidity, moisture, temperature, lighting, cover, clean water, and all other factors necessary for survival and growth.

b) Inspection of Facilities

To assure adequacy of facilities when a permit application is being reviewed, or upon receipt of a complaint, the applicant/permit holder shall make the premises, facilities and equipment available at any reasonable hour for the purpose of ascertaining compliance with the Act and this Part. If the applicant's/permit holder's premises, facilities or equipment do not meet the requirements of the Act and this Part, the applicant/permit holder will be advised of deficiencies and the corrective measures that must be taken to bring the premises, facilities and equipment into compliance. The permit holder will be given a deadline by which prescribed corrective measures must be completed.

History

• Source: Amended at 49 Ill. Reg. 10413, effective July 31, 2025

17 Ill. Adm. Code 885.170 Denial, Suspension, and Revocation Procedures

a) Permit Denial. No person shall be issued a permit under this Part if their privileges to obtain a permit are suspended or a permit is revoked at any time during their application process.

b) Suspension or Revocation of Permits. In accordance with Section 5-20 and 70-5 of the Act, failure to comply with any provision of the Act may result in suspension or revocation of any permit issued pursuant to the Act. The timeframe for the suspension of permits and the procedure by which suspensions and revocations are made, the rights of permittees to notice and hearing, and the procedures governing such hearings are set forth in 17 Ill. Adm. Code 2530.

History

• Source: Amended at 49 Ill. Reg. 10413, effective July 31, 2025

17 Ill. Adm. Code 890.10 Definitions

a) LICENSED AQUATIC APPLICATOR − a person who is duly licensed by the Illinois Department of Agriculture to apply approved aquatic herbicides and pesticides to the waters of the State of Illinois.

b) FISH TOXICANT − any of several U.S. Environmental Protection Agency approved restricted use pesticides which are cleared for use in the removal of fish from the waters of the State of Illinois.

c) DISTRICT FISHERIES BIOLOGIST − an employee of the Department of Natural Resources assigned to provide fisheries management services to a prescribed set of Illinois counties.

d) RESTRICTED USE PESTICIDE − the U.S. Environmental Protection Agency term for a pesticide which, due to its toxicity, can only be purchased and/or applied by a licensed pesticide applicator.

e) PERSON − "person" includes the plural "persons", females as well as males, and shall extend and be applied to clubs, associations, corporations, firms, and partnerships, as well as individuals.

f) ARTIFICIAL IMPOUNDMENT − any dug or dammed body of standing water built by man, including borrow, gravel or quarry pits.

g) LICENSED AQUACULTURIST − a person who is duly licensed by the Illinois Department of Natural Resources to breed, hatch, propagate or raise aquatic life.

17 Ill. Adm. Code 890.20 Permit Requirements

a) Persons wishing to eliminate undesirable fish from water areas under their control, utilizing a fish toxicant, are required to first obtain a permit "To Remove Undesirable Fish" from the Illinois Department of Natural Resources.

b) These permits shall be issued by the district fisheries biologist having jurisdiction over the water areas in question.

c) These permits shall contain the following information:

1. the full name of the owner of the water area;

2. the street address or rural box number;

3. city, state and postal zip code;

4. county in which the water area is located;

5. name of the water area, if any;

6. legal location of water area (township, range and section);

7. water area's classification (private, organizational, commercial or public);

8. water area's size in acres, its maximum and average depth in feet, as well as its volume in acre feet;

9. the area to be treated in acres, as well as the average depth, acre feet and the dosage rate;

10. the type of treatment - watershed, complete, partial or selective;

11. the toxicant name, concentration and amount;

12. the expiration date of the permit;

13. the full name and address of the fisheries biologist issuing the permit; and

14. the Aquatic Pesticide Applicator's Permit number of the biologist issuing the permit.

d) Except for privately-owned artificial impoundments of less than six (6) acres, which are exempt, all requests for a fish removal permit will be cleared via the Endangered Species Protection Act (Ill. Rev. Stat. 1991, ch. 8, par. 341(a)) with the Endangered Species Program Manager for the Division of Natural Heritage, prior to issuance.

17 Ill. Adm. Code 890.30 Treatment of the Water Area

Fish toxicants covered by these permits must be applied by an Illinois Department of Natural Resources, Division of Fisheries, District Fisheries Biologist, licensed to apply aquatic pesticides. Other Division of Fisheries' personnel who are licensed to apply aquatic pesticides may apply a fish toxicant in the presence, and under the supervision of, the district fisheries biologist.

17 Ill. Adm. Code 890.40 Record Keeping

a) The district biologist issuing a fish removal permit shall provide copies of the permit to the following persons:

1. the original to the dealer from whom the toxicant is to be purchased;

2. duplicate to be retained by the permit holder;

3. triplicate to be retained by the district fisheries biologist issuing the permit; and

4. quadruplicate is to be filed with the regional fisheries administrator.

b) The biologist issuing the permit shall create and retain a file for the water area in question in the permanent county water file, which contains both the permit and a report of the results of the fish removal operation.

17 Ill. Adm. Code 890.50 Licensed Aquaculturist

Licensed aquaculturists who are also licensed Private Pesticide Applicators are exempt from Section 890.30, "Treatment of the Water Area" requirement when the fish toxicant is applied to aquaculture waters owned by the aquaculturist. Licensed aquaculturists must, however, obtain a permit to purchase a fish toxicant from the Illinois Department of Natural Resources.

17 Ill. Adm. Code 895.10 Summary and Purpose

This Part is established to implement the management of aquatic plants within the Fox Chain O' Lakes (FCOL) public waters. The intent is to minimize the risks that citizens utilizing the public waters may be unwittingly exposed to aquatic herbicides and that threatened or endangered species of plants and animals may be harmed or destroyed, a balanced aquatic plant community being recognized to be a vital and necessary component of a healthy aquatic ecosystem. The Department may allow the management of nuisance-causing aquatic plants with chemicals registered and labeled for aquatic use by the United States Environmental Protection Agency (USEPA). Other non-chemical methods, determined to be effective by the Department, may also be authorized.

17 Ill. Adm. Code 895.20 Applicability

Any person sponsoring or conducting chemical or non-chemical treatment for the management of aquatic plants in the FCOL public waters shall obtain a Letter of Permission (LOP) from the Department.

17 Ill. Adm. Code 895.30 Definitions

"Applicant" − The person, company, or organization that proposes to apply aquatic herbicides or non-chemical treatments to the FCOL public waters.

"Client" – The person who contracts with the pest control operator for the described aquatic plant management treatment.

"Chemicals" – All USEPA approved and registered aquatic herbicides.

"Chemical treatment" – The single, one-time use of a USEPA approved and registered aquatic herbicide to destroy or limit the growth of aquatic plants.

"Department" – The Illinois Department of Natural Resources.

"FCOL public waters" – Channel Lake, Lake Catherine, Lake Marie, Bluff Lake, Spring Lake, Petite Lake, Grass Lake, Fox Lake, Dunn's Lake, Nippersink Lake, Pistakee Lake, Redhead Lake, Lake Mathews, Lake Jerilyn, Lac Louette (Mud Lake) and all navigable channels directly connected to these lakes that are under the jurisdiction of the Fox Waterway Agency.

"Fox Waterway Agency" – A special unit of local government created by State of Illinois statute in September 1983 and approved by referendum in November 1984 by a majority of voters residing within the agency's voting district of Lake and McHenry Counties.

"Letter of Permission" – Document drafted by the Department that specifies the location, date, and method of treatment.

"Navigable channel" – All natural and manmade channels/ponds that are connected to the public waters and are under the jurisdiction of the Fox Waterway Agency.

"Non-chemical treatment" – Utilization of plant screens, sediment covers, bottom barriers, blanketing materials that are gas-permeable, or mechanical cutting or removal to destroy or limit the growth of aquatic plants. A non-chemical treatment may consist of a series of actions in the case of mechanical cutting or removal of aquatic plants.

"Non-target organisms" – Any plant, other than nuisance-causing aquatic plants specified on the application, or animal species within the treatment area or adjacent areas that may be adversely affected by the chemical or non-chemical treatment.

"Sensitive area" – Areas of aquatic vegetation identified by the Department as offering critical or unique fish and wildlife habitat, including seasonal or life stage requirements, or offering water quality or erosion control benefits to the body of water. This also includes areas included by the Department on the Illinois Natural Areas Inventory, or registered or dedicated pursuant to the Illinois Natural Areas Preservation Act [525 ILCS 30].

17 Ill. Adm. Code 895.40 Application for Letter of Permission

An application for a LOP is a form provided by the Department. The completed application shall be submitted to the Division of Fisheries, Springfield IL. Any amendment or revision to an application shall be treated by the Department as a new application. The application shall contain:

a) One copy of a detailed map or sketch of the body of water with the proposed treatment area dimensions clearly shown and with pertinent information necessary to locate those properties, by name of owner, riparian to the treatment area, which may include street address, fire number where available and local telephone number;

b) A description of the uses being impaired by plants and reason for treatment;

c) A description of the plant community within the area to be treated that includes approximate percentage of abundance by species;

d) The product names of chemicals proposed for use, the method of application, and proposed date of treatment;

e) The name of the person or commercial applicator and applicator certification number of the person conducting the treatment;

f) A description of the non-chemical treatment, including type of material, product name if applicable, and proposed date of treatment;

g) A certification to the Department that a copy of the application has been provided to any affected property owners' association and to any riparian property owners adjacent to and within the treatment area;

h) A statement of alternative control methods considered for use on the proposed treatment site and their feasibility.

17 Ill. Adm. Code 895.50 Issuance of Letter of Permission

a) The Department shall issue or deny issuance of the requested LOP within 45 days after receipt of a complete application.

b) The LOP shall be issued for a non-chemical method or the single, one-time, use of a USEPA approved and registered aquatic herbicide to remove, destroy or limit the growth of aquatic plants. Exception: In instances where a chemical treatment is proposed to be at reduced application rates with a not-to-exceed dosage limit, over multiple applications, this will be viewed as a one-time application.

c) New applications for a LOP will be reviewed with consideration given to the cumulative effect of applications already approved for the body of water.

d) The Department may deny issuance of the requested LOP if:

1. The proposed chemical is not labeled and registered for the intended use by the USEPA;

2. The Fox Waterway Agency recommends to the Department that a LOP not be granted;

3. The Department determines the proposed treatment will result in a hazard to humans, animals or other non-targeted organisms, or will not provide nuisance relief;

4. The Department determines that the proposed treatment will result in a significant adverse effect on the body of water or will place unreasonable restrictions on existing water uses;

5. The proposed treatment is for waters beyond 75 feet from the shore except where approval is given by the Department to maintain navigation channels, piers or other facilities used by organizations or the public, including commercial facilities;

6. The Department determines that the proposed treatment will significantly injure non-target organisms within the treatment area or adjacent areas either directly or through habitat destruction;

7. The proposed treatment is in a location known to have endangered or threatened species as determined by the Department; or

8. The proposed chemical application is in a location identified by the Department as a sensitive area, except when the applicant demonstrates to the satisfaction of the Department that treatments can be conducted in a manner that will not alter the ecological character or reduce the ecological value of the area.

17 Ill. Adm. Code 895.60 Supervision

Supervision by a Department representative may be required for any chemical treatment. Supervision may include inspection of the proposed treatment area, chemicals and application equipment before, during, and after treatment. The inspection may result in the determination that treatment is unnecessary or unwarranted in all or part of the proposed area, or that another chemical or non-chemical method of treatment may be more appropriate.

17 Ill. Adm. Code 895.70 Conditions of Letter of Permission

a) The Department may stop or limit the application of chemicals or non-chemical treatments to a body of water if at any time it determines that the treatment will be ineffective, will result in unreasonable restrictions on current water uses, or will produce unnecessary adverse side effects on non-targeted organisms for any of the reasons set forth in Section 895.50.

b) Chemical treatments shall be performed in accordance with label directions, existing pesticide use laws, and LOP conditions.

c) Chemical treatment shall be performed by an applicator currently certified by the Illinois Department of Agriculture in the aquatic category.

d) The LOP holder will be responsible for posting those areas treated in accordance with water/fishing use restrictions stated on the chemical label. Signs shall be posted at the beginning of each treatment by the LOP holder to remain up for the period of time stated on the chemical label for water use restrictions. Posting of signs shall be in brilliant yellow background with black lettering, and conspicuous to the non-riparian public intending to use the treated water from both the water and shore, and shall state applicable label use restrictions of the chemical being used, the name of the chemical and the date of treatment.

e) The LOP applicant will be responsible for obtaining a permit from Illinois EPA in adherence with 35 Ill. Adm. Code 652.601, where applicable.

f) Failure to comply with the conditions of the LOP may result in loss of privileges for subsequent chemical and non-chemical treatments for aquatic plants in the Illinois public waters of FCOL in addition to any other remedies set out by law.

17 Ill. Adm. Code 895.80 Exemptions

An individual property owner who has title to a portion of the FCOL lake bottom and wishes to initiate an aquatic plant management treatment of 0.25 acre or less of the titled lake bottom need not apply for a LOP from the Department. The individual, however, is not exempt from any other applicable laws and/or ordinances.

17 Ill. Adm. Code 897.10 Summary and Purpose

This Part is established to implement the management of aquatic plants within the Lake Michigan public waters. The intent is to minimize the risks that citizens utilizing the public waters may be unwittingly exposed to aquatic herbicides and that threatened or endangered species of plants and animals may be harmed or destroyed, a balanced aquatic plant community being recognized to be a vital and necessary component of a healthy aquatic ecosystem. The Department may allow the management of nuisance-causing aquatic plants with chemicals registered and labeled for aquatic use by the United States Environmental Protection Agency (USEPA). Other non-chemical methods, determined to be effective by the Department, may also be authorized.

17 Ill. Adm. Code 897.20 Applicability

Any person sponsoring or conducting chemical or non-chemical treatment to remove, destroy, or limit the growth of aquatic plants in the Illinois public waters of Lake Michigan shall obtain a Letter of Permission (LOP) from the Department.

17 Ill. Adm. Code 897.30 Definitions

"Applicant" – The person, company, or organization that proposes to apply aquatic herbicides or non-chemical treatments to the Lake Michigan public waters.

"Chemicals" – All USEPA approved and registered aquatic herbicides.

"Chemical treatment" – The single, one-time use of a USEPA approved and registered aquatic herbicide to destroy or limit the growth of aquatic plants.

"Client" – The person who contracts with the pest control operator for the described aquatic plant management treatment.

"Department" – The Illinois Department of Natural Resources.

"Illinois public waters of Lake Michigan" – All the open waters of Lake Michigan from the Wisconsin state line south to the Indiana state line and from the Michigan state line west to the Illinois shore, all harbors of the body of water that are or were navigable and are open or dedicated to public use, and the navigation channels connecting these harbors to Lake Michigan

"Letter of Permission" – Document drafted by the Department that specifies the location, date, and method of treatment.

"Non-chemical treatment" – Utilization of plant screens, sediment covers, bottom barriers, blanketing materials that are gas-permeable, or mechanical cutting or removal to destroy or limit the growth of aquatic plants. A non-chemical treatment may consist of a series of actions in the case of mechanical cutting or removal of aquatic plants.

"Non-target organisms" – Any plant, other than nuisance-causing aquatic plants specified on the application, or animal species within the treatment area or adjacent areas that may be adversely affected by the chemical or non-chemical treatment.

"Sensitive area"– Areas of aquatic vegetation identified by the Department as offering critical or unique fish and wildlife habitat, including seasonal or life stage requirements, or offering water quality or erosion control benefits to the body of water. This also includes areas included by the Department on the Illinois Natural Areas Inventory, or registered or dedicated pursuant to the Illinois Natural Areas Preservation Act [525 ILCS 30].

17 Ill. Adm. Code 897.40 Application for Letter of Permission

An application for a LOP (form IL-LM01) may be obtained by contacting the Division of Fisheries' Lake Michigan Program (847)294-4134. The completed application shall be submitted to the Division of Fisheries' Lake Michigan Program, 9511 Harrison Street, Des Plaines IL 60016. Any amendment or revision to a submitted application shall be treated by the Department as a new application. The application shall contain:

a) One copy of a detailed map or sketch of the body of water with the proposed treatment area dimensions clearly shown and with pertinent information necessary to locate those properties, by name of owner, riparian to the treatment area, which may include street address, fire number where available and local telephone number;

b) A description of the uses being impaired by plants and reason for treatment;

c) A description of the plant community within the area to be treated that includes approximate percentage of abundance by species;

d) The product names of chemicals proposed for use, the method of application, and proposed date of treatment;

e) The name of the person or commercial applicator and applicator certification number of the person conducting the treatment;

f) A description of the non-chemical treatment, including type of material, product name if applicable, and proposed date of treatment;

g) A certification to the Department that a copy of the application has been provided to any affected property owners' association and to any riparian property owners adjacent to and within the treatment area; and

h) A statement of alternative control methods considered for use on the proposed treatment site and their feasibility.

17 Ill. Adm. Code 897.50 Issuance of Letter of Permission

a) The Department shall issue or deny issuance of the requested LOP within 45 days after receipt of a complete application.

b) The LOP shall be issued for a non-chemical method or the single, one-time, use of a USEPA approved and registered aquatic herbicide to remove, destroy or limit the growth of aquatic plants. Exception: In instances where a chemical treatment is proposed to be at reduced application rates with a not-to-exceed dosage limit, over multiple applications, this will be viewed as a one-time application.

c) New applications for a LOP will be reviewed with consideration given to the cumulative effect of applications already approved for the body of water.

d) The Department may deny issuance of the requested LOP if:

1. The proposed chemical is not labeled and registered for the intended use by the USEPA;

2. The Department determines that the proposed treatment will result in a hazard to humans, animals, or other non-targeted organisms, or will not provide nuisance relief;

3. The Department determines that the proposed treatment will result in a significant adverse effect on the body of water or will place unreasonable restrictions on existing water uses;

4. The Department determines that the proposed treatment will significantly injure non-target organisms within the treatment area or adjacent areas, either directly or through habitat destruction;

5. The proposed treatment is in a location known to have endangered or threatened species as determined by the Department; or

6. The proposed treatment is in a location identified by the Department as a sensitive area, except when the applicant demonstrates to the satisfaction of the Department that the treatment can be conducted in a manner that will not alter the ecological character or reduce the ecological value of the area.

17 Ill. Adm. Code 897.60 Supervision

Supervision by a Department representative may be required for any chemical treatment. Supervision may include inspection of the proposed treatment area, chemicals and application equipment before, during, and after treatment. The inspection may result in the determination that treatment is unnecessary or unwarranted in all or part of the proposed area, or that another chemical or non-chemical method of treatment may be more appropriate.

17 Ill. Adm. Code 897.70 Conditions of Letter of Permission

a) The Department may stop or limit the application of chemicals or non-chemical treatments to a body of water if at any time it determines that the treatment will be ineffective, will result in unreasonable restrictions on current water uses, or will produce unnecessary adverse side effects on non-targeted organisms for any of the reasons set forth in Section 897.50.

b) Chemical treatment shall be performed in accordance with chemical label directions, existing pesticide use laws, and the LOP conditions.

c) Chemical treatment shall be performed by a licensed pesticide applicator currently certified in the aquatic category by the Illinois Department of Agriculture.

d) The LOP applicant will be responsible for posting treatment areas in accordance with water/fishing use restrictions listed on the chemical label. Signs shall be posted at the beginning of chemical treatment and remain posted for the period of time listed in the use restriction portion of the chemical label. Posted signs shall be brilliant yellow with black lettering, conspicuous to persons intending to use the treated area from both water and shore, and shall state the name of the chemical, date of treatment, and water use restrictions listed on the chemical label.

e) The LOP applicant will be responsible for obtaining a permit from Illinois EPA in adherence with 35 Ill. Adm. Code 652.601, where applicable.

f) Failure to comply with the conditions of the LOP may result in loss of privileges for subsequent chemical and non-chemical treatments for aquatic plants in the Illinois public waters of Lake Michigan, in addition to any other remedies set out by law.

17 Ill. Adm. Code 910.10 Statewide Regulations

All regulations found in 17 Ill. Adm. Code 110 and 140 will apply unless regulations in this Part are more restrictive or exempted by this Part.

History

• Source: Amended at 48 Ill. Reg. 8635, effective May 30, 2024

17 Ill. Adm. Code 910.15 Definitions

Championship/Classic – field trial classifications awarded by recognized sporting dog registries such as the American Kennel Club, The American Field – Field Dog Stud Book, United Kennel Club, etc., or by recognized national sporting dog associations such as the National Shoot-To-Retrieve Field Trial Association, etc., that are used to designate particular field trials as superior and more prestigious events.

Class A Field Trial Sites – sites that accommodate a variety of field trial types and a substantial number of sporting dog field trials. The types of field trials may include horseback and walking pointing dog field trials, horseback fox hound field trials, retriever field trials, spaniel field trials, beagle hound field trials and competitive coon hound events. These sites include the requirements for field trials in the planning and implementation of wildlife and resource management. Facilities necessary to support field trials (e.g., field trial headquarters building, stable, adequate parking, dog kennels, corral, pasture) are typically available at these sites.

Class B Field Trial Sites – sites that accommodate a variety, but smaller number, of field trial opportunities. Field trial requirements are not included in wildlife and resource management planning and implementation at these sites. Facilities to support field trials are typically not developed at these sites.

Field Trial – a stylized form of hunting for the classifications of dogs commonly referred to as sporting dogs as well as beagle hounds, fox hounds, coon hounds and squirrel dogs and that involves competition in which the primary purpose is to evaluate the field performance of the dogs.

Gunner − a person designated by a field trial organization to shoot captive-reared game birds, captive-reared mallard ducks or domestic pigeons during a field trial.

Handler − a person charged with the responsibility of directing and managing the field performance of a dog or dogs during a field trial.

Scout − a person directed by the handler or field trial judge to locate an errant dog being run in a field trial and who may also be temporarily charged with directing and managing the field performance of a dog or dogs during a field trial.

History

• Source: Amended at 29 Ill. Reg. 8295, effective May 26, 2005

17 Ill. Adm. Code 910.20 Permits and Fees

a) Applications for Field Trial Permits must be received on forms prescribed by the Department of Natural Resources (Department or DNR). Applications can be submitted by mail, fax or electronic mail and should be sent to:

Department of Natural Resources

Division of Parks and Recreation

One Natural Resources Way

Springfield IL 62702-1271

Email: DNR.Fieldtrials@illinois.gov

b) Fees – Illinois Department of Natural Resources Areas

1. Pointing Breed, Horseback Fox Hound, Retrieving Breed and Flushing Breed Field Trials – $70 per day or part of day and starting January 1, 2025, $100 per day.

2. Beagle and Coon Hound Field Trials – $25 per day or part of day and starting January 1, 2025, $40 per day.

3. A Field Trial Permit serves as the DNR Site Activity Permit (17 Ill. Adm. Code 110.4(a)) on sites listed in Section 910.22. Fees associated with an activity permit are waived.

c) Field trial participants shall be permitted to remain overnight at designated field trial headquarters areas or staging areas in recreational vehicles or horse trailers with living quarters. The rates established in 17 Ill. Adm. Code 130.70 (camping fees) appropriate for the services provided shall be assessed.

History

• Source: Amended at 48 Ill. Reg. 8635, effective May 30, 2024

17 Ill. Adm. Code 910.22 Field Trial Site Classifications

a) Class A Field Trial Sites:

Des Plaines Conservation Area

Jim Edgar Panther Creek State Fish and Wildlife Area

Hamilton County State Fish and Wildlife Area

Middle Fork State Fish and Wildlife Area

Moraine View State Park

Pyramid State Park

Wayne Fitzgerrell State Park

World Shooting and Recreational Complex

b) Class B Field Trial Sites:

Banner Marsh State Fish and Wildlife Area

Beaver Dam State Park

Eldon Hazlet State Park – North of Allen Branch

Kickapoo State Park

Peabody River King State Park

Randolph County Conservation Area

Sangchris Lake State Park

Stephen Forbes State Park

Weinberg-King State Park

History

• Source: Amended at 48 Ill. Reg. 8635, effective May 30, 2024

17 Ill. Adm. Code 910.25 Scheduling of Field Trials

The following scheduling procedures apply to all Class A and B field trial sites:

a) Scheduling of field trial dates will be on a weekend basis with the first weekend being the first two-day weekend of January.

b) A field trial organization has first option for the dates it had the previous calendar year if it follows the scheduling procedures in this Section.

c) The Department will accept applications from January 1 through March 31 for field trials that will occur the following calendar year.

d) Due to the time required for advance arrangements, the Department will accept requests from field trial organizations sponsoring a championship or classic at a time in advance of that specified in subsection (c).

e) A field trial organization that wishes to change dates during the scheduling periods must complete these arrangements with the appropriate field trial organization that used the date previously.

f) Dates remaining open after the conclusion of the scheduling period will be filled on a first-come, first-served basis. Applications for these dates must be received at least four weeks prior to the date of the field trial. Applications received less than four weeks in advance may not be able to be processed prior to the requested dates and as a result may be denied. Applications for the period from the opening date of the Upland Game Season to the following January 15 at Pyramid State Park will only be accepted as prescribed in subsection (c).

g) At the World Shooting and Recreational Complex, trials are limited to the areas north of Cardinal Road. Areas south of Cardinal Road can only be used for field trials outside of the normal camping season (April 1 – October 31) or as the site allows.

History

• Source: Amended at 48 Ill. Reg. 8635, effective May 30, 2024

17 Ill. Adm. Code 910.30 Responsibility

The officers of a field trial organization shall be responsible for the proper conduct of all trial activities, for the condition of the field trial area during and after the trial and for following all applicable Department rules. Tie-outs shall be exempt from 17 Ill. Adm. Code 110.30(b).

History

• Source: Amended at 29 Ill. Reg. 8295, effective May 26, 2005

17 Ill. Adm. Code 910.40 Liability Insurance

Field trial organizations must acquire liability insurance coverage in an amount of at least $1,000,000 to cover personal injuries or accidents to participants or spectators and to cover damage to State property and to the property and crops of landowners adjacent to State property.

History

• Source: Amended at 48 Ill. Reg. 8635, effective May 30, 2024

17 Ill. Adm. Code 910.50 Field Trial Season

Except for the retrieving breed trials, and the qualifying statements provided, no trials will be authorized before September 1, or after April 30, in the Northern Zone, or before September 1, or after April 15, in the Southern Zone (the boundary between Northern Zone and Southern Zone for these purposes will be U.S. Route 36):

a) If the opening date of the field trial season falls on a Sunday, the season will begin on Saturday of that weekend.

b) If the closing date of the field trial season falls on a Saturday, the season will conclude on Sunday of that weekend.

c) If, during the final days of the field trial season, a field trial organization begins trial activities that are subsequently delayed or suspended due to inclement weather, the field trial organization may complete the trial even though the trialing season has ended. The field trial organization must complete the trial on the first possible day or days.

History

• Source: Amended at 29 Ill. Reg. 8295, effective May 26, 2005

17 Ill. Adm. Code 910.60 Hunting License Requirements

a) All resident dog handlers, scouts and gunners are required to have a valid Illinois hunting license and habitat stamp, except as exempted by Sections 3.1 and 3.1-2 of the Wildlife Code [520 ILCS 5/3.1 and 3.1-2].

b) All non-resident dog handlers, scouts and gunners are required to have a valid Illinois non-resident hunting license and habitat stamp or written exemption from the Department waiving the license and stamp requirement, except as exempted by Section 3.1 of the Wildlife Code.

c) Non-resident dog handlers, scouts and gunners with hunting privileges suspended or revoked in another state or Canada are ineligible to participate in Illinois field trials.

d) A written exemption from the Department waiving the hunting license and habitat stamp requirements will be granted on request to all non-resident gunners, dog handlers and scouts. A request for a waiver of the hunting license and habitat stamp requirements must be in writing.

History

• Source: Amended at 29 Ill. Reg. 8295, effective May 26, 2005

17 Ill. Adm. Code 910.70 Game Birds

a) All hand-reared game birds or mallard ducks released and shot at field trials shall be banded on the same day they are taken and prior to removal from the field trial area. Bands shall be purchased from the Department for $.10 each in increments of 100 bands by calling or writing to: Illinois Department of Natural Resources, Commercial License Office, P.O. Box 19458, Springfield IL 62794-9458.

b) Hand-reared game birds or mallard ducks released at field trials must either be purchased from an Illinois licensed game breeder or, if they are purchased from a non-resident game bird breeder, a health certificate signed by a licensed veterinarian from the state of origin certifying the game birds are disease free must accompany the game birds or mallard ducks.

History

• Source: Amended at 29 Ill. Reg. 8295, effective May 26, 2005

17 Ill. Adm. Code 910.80 Future Rights

a) For violation of Section 2.34 of the Wildlife Code [520 ILCS 5/2.34] or this Part, the Department will reject all future requests for Field Trial Permits for a period of time not to exceed five years following a finding of guilt.

b) Organizations denied Field Trial Permits may contest the denial of a permit according to the process delineated in 17 Ill. Adm. Code 2530.

History

• Source: Amended at 29 Ill. Reg. 8295, effective May 26, 2005

Chapter I Department of Natural Resources

Subchapter b Fish and Wildlife

Part 910 Field Trials on Department-Owned, -Leased or -Managed Sites

17 Ill. Adm. Code 910.EXHIBIT A Application Form

Field Trial Organization Name:

Contact Person's Name:

Contact Person's Address:

City:

State:

Zip:

Email Address:

Work Phone:

( )

Home Phone:

( )

Fax Number:

( )

Cell Phone:

( )

Dates of Field Trials:

Location of Field Trial:

Des Plaines CA

Pyramid SP − Captain Unit

Jim Edgar Panther Creek SFWA

Pyramid SP − Denmark Unit

Hamilton Co. SFWA

Pyramid SP − Galum Unit

Moraine View SP

Wayne Fitzgerrell SP

Middle Fork SFWA

World Shooting and Recreational Complex

Other

Type of Field Trial:

Pointing Dog − Horseback

Retriever

Pointing Dog − Walking

Flushing Dog − Shoot-To-Retrieve

Pointing Dog − Shoot-To-Retrieve

English Springer Spaniel

Beagle Hound

Fox Hound

Coon Hound

Other

Licensing or Sanctioning Sporting Dog Registry or Association if Applicable:

American Kennel Club (AKC)

American Rabbit Hound Association (ARHA)

National Shoot-To-Retrieve Field Trial Association (NSTRA)

United Kennel Club (UKC)

The American Field – Field Dog Stud Book (AFDSB)

Amateur Field Trial Clubs of America (AFTCA)

National Kennel Club (NKC)

Professional Kennel Club (PKC)

Club Sponsored Event

Request must be received at least four weeks prior to the date of the field trail.

Fees: Pointing Breed, Horseback Fox Hound, Retrieving Breed and Flushing Breed Field Trials − $100 per day

Beagle and Coon Hound Field Trials − $40 per day

A current certificate of liability insurance valid for the dates of the field trial must either be on file with DNR or attached to this application.

Submit application to: DNR, Attention: Field Trial Program, One Natural Resources Way, Springfield IL 62702-1271; Phone: (217)782-5719; Email: DNR.Fieldtrials@illinois.gov

History

• Source: Amended at 48 Ill. Reg. 8635, effective May 30, 2024

Part 930 Field Trials on Non-Department-Owned or -Managed Lands

17 Ill. Adm. Code 930.5 Definitions

Field Trial – a stylized form of hunting for the classifications of dogs commonly referred to as sporting dogs, as well as beagle hounds, fox hounds, coon hounds and squirrel dogs, and that involves competition in which the primary purpose is to evaluate the field performance of the dogs.

Gunner – a person designated by a field trial organization to shoot captive-reared game birds, captive-reared mallard ducks or domestic pigeons during a field trial.

Handler – a person charged with the responsibility of directing and managing the field performance of a dog or dogs during a field trial.

Scout – a person directed by the handler or field trial judge to locate an errant dog being run in a field trial and who may also be temporarily charged with directing and managing the field performance of a dog or dogs during a field trial.

History

• Source: Added at 29 Ill. Reg. 8307, effective May 26, 2005

17 Ill. Adm. Code 930.10 Statewide Regulations

All the regulations in 17 Ill. Adm. Code 550 – Raccoon, Opossum, Striped Skunk, Red Fox, Gray Fox, Coyote and Woodchuck (Groundhog) Hunting Regulations apply to the issuance of Field Trial Permits.

History

• Source: Amended at 11 Ill. Reg. 12864, effective July 28, 1987

17 Ill. Adm. Code 930.20 Permits

Applications for all types of field trial permits must be received by the Department of Natural Resources (Department or DNR) in writing at least four weeks prior to the date of the trial. Applications received less than four weeks in advance may not be able to be processed prior to the field trial. Applications must be forwarded to:

Department of Natural Resources

Division of Land Management

One Natural Resources Way

Springfield IL 62702-1271

History

• Source: Amended at 29 Ill. Reg. 8307, effective May 26, 2005

17 Ill. Adm. Code 930.30 Responsibility

The officers of the organization sponsoring a field trial will be responsible for the proper conduct of the trial.

17 Ill. Adm. Code 930.40 Hunting License Requirements

a) All resident dog handlers, scouts and gunners are required to have a valid Illinois hunting license and habitat stamp, except as exempted by Sections 3.1 and 3.1-2 of the Wildlife Code [520 ILCS 5/3.1 and 3.1-2].

b) All non-resident dog handlers, scouts and gunners are required to have a valid Illinois non-resident hunting license and habitat stamp or written exemption from the Department waiving the license and stamp requirement, except as exempted by Section 3.1 of the Wildlife Code.

c) Non-resident dog handlers, scouts and gunners with hunting privileges suspended or revoked in another state or Canada are ineligible to participate in Illinois field trials.

d) A written exemption from the Department waiving the hunting license and habitat stamp requirements will be granted on request to all non-resident gunners, dog handlers and scouts. A request for a waiver of the hunting license and habitat stamp requirements must be in writing.

History

• Source: Amended at 29 Ill. Reg. 8307, effective May 26, 2005

17 Ill. Adm. Code 930.45 Furbearer Competitive Events

a) During the closed period preceding the opening date of the raccoon hunting season and the closed period following the closing date of the raccoon hunting season, the Department may only issue field trial permits for United Kennel Club, American Kennel Club, American Coon Hunters Association, Professional Kennel Club, Mid-America Coon Hunters Association, or the National Kennel Club licensed competitive raccoon hunts and those fox hound field trials conducted in fenced enclosures approved by the Department for the hours of sunset to sunrise.

b) Field trial permits for competitive coon hound field events and for fox hound field trials, except fox hound field trials conducted in fenced enclosures approved by the Department as fox-proof, will not be issued for the period of firearm deer hunting season as specified in 17 Ill. Adm. Code 650.10.

c) All vehicles associated with competitive live raccoon hunts conducted during the closed periods preceding and following the raccoon hunting season must display an identification card provided with the Field Trial Permit.

History

• Source: Amended at 29 Ill. Reg. 8307, effective May 26, 2005

17 Ill. Adm. Code 930.50 Shoot-to-Retrieve Field Trials

a) Only participants and official gunners will be permitted to take hand-reared game birds during shoot-to-retrieve field trials, and then only on the designated field trial courses.

b) Hand-reared game birds which have left the designated field trial courses are considered to be lost and shall not be pursued by anyone.

History

• Source: Amended at 29 Ill. Reg. 8307, effective May 26, 2005

17 Ill. Adm. Code 930.55 Game Birds

a) All hand-reared game birds or mallard ducks released and shot at field trials shall be banded on the same day they are taken and prior to removal from the field trial area. Bands shall be purchased from the Department for $.10 each in increments of 100 bands by calling or writing to: Illinois Department of Natural Resources, Commercial License Office, P.O. Box 19458, Springfield IL 62794-9458.

b) Hand-reared game birds or mallard ducks released at field trials must either be purchased from an Illinois licensed game bird breeder or, if they are purchased from a non-resident game bird breeder, a health certificate signed by a licensed veterinarian from the state of origin certifying the game birds are disease free must accompany the game birds or mallard ducks.

History

• Source: Added at 29 Ill. Reg. 8307, effective May 26, 2005

17 Ill. Adm. Code 930.60 Future Rights/Appeal Procedures

a) For violation of Section 2.34 of the Wildlife Code [520 ILCS 5/2.34] or this Part, the Department will reject all future requests for Field Trial Permits for a period of time not to exceed five years following a finding of guilt.

b) Organizations denied Field Trial Permits may contest the denial of a permit according to the process delineated in 17 Ill. Adm. Code 2530.

History

• Source: Amended at 29 Ill. Reg. 8307, effective May 26, 2005

17 Ill. Adm. Code 930.EXHIBIT A Application Form for Field Trials on Non-Department-Owned or -Managed Sites

Field Trial Organization Name:

Contact Person's Name:

Contact Person's Address:

City:

State:

Zip:

Email Address:

Work Phone:

( )

Home Phone:

( )

Fax Number:

( )

Cell Phone:

( )

Dates of Field Trials:

Location:

County:

Property Owner's Name:

Distance & Direction From Nearest Community:

Type of Field Trial:

Pointing Dog − Horseback

Retriever

Pointing Dog − Walking

Flushing Dog − Shoot-To-Retrieve

Pointing Dog − Shoot-To-Retrieve

English Springer Spaniel

Beagle Hound

Fox Hound

Coon Hound

Other

Licensing or Sanctioning Sporting Dog Registry or Association if Applicable:

American Kennel Club (AKC)

American Rabbit Hound Association (ARHA)

National Shoot-To-Retrieve Field Trial Association (NSTRA)

United Kennel Club (UKC)

The American Field – Field Dog Stud Book (AFDSB)

Amateur Field Trial Field Clubs of America (AFTCA)

National Kennel Club (NKC)

Professional Kennel Club (PKC)

Club Sponsored Event

Request must be received at least four weeks prior to the date of the field trial.

Submit application to: IDNR, Attention: Field Trial Program, One Natural Resources Way, Springfield IL 62702-1271; Phone: (217)782-6752; Fax: (217)524-5612

History

• Source: Added at 29 Ill. Reg. 8307, effective May 26, 2005

17 Ill. Adm. Code 930.EXHIBIT B Application Form for Competitive Coon Hound Events

Contact Person's Name:

Contact Person's Address:

City:

State:

Zip:

Email Address:

Work Phone:

( )

Home Phone:

( )

Fax Number:

( )

Cell Phone:

( )

Organization Name:

Organization Headquarters Location (distance & direction from nearest town):

Dates of Field Events, Type of Event (ex: Night Hunt, Field Trial, Water Race or Treeing Contest) and Licensing Organization (AKC, ACHA, NKC, PKC, UKC or Club Event):

County or counties in which these events will be conducted:

Signature of the Applicant

Request must be received at least four weeks prior to the date of the field trial.

This permit is only valid on properties where permission has been secured from the landowner/tenant to pursue game by individuals associated with the competitive field event and/or their dogs. Failure to comply with this provision is a violation of 520 ILCS 5/2.33(t), which is a Class B misdemeanor punishable by 1-6 months in jail and/or fines of up to $1,500.

Submit application to: IDNR, Attention: Field Trial Program, One Natural Resources Way, Springfield IL 62702-1271; Phone: (217)782-6752; Fax: (217)524-5612

History

• Source: Added at 29 Ill. Reg. 8307, effective May 26, 2005

Part 950 Dog Training on Department-Owned or -Managed Sites

17 Ill. Adm. Code 950.10 Statewide Regulations

All regulations found in 17 Ill. Adm. Code 110 will apply unless regulations in this Part are more restrictive.

17 Ill. Adm. Code 950.20 Definitions

a) Department – Department of Natural Resources.

b) Dog Training – any teaching or exercising activity involving the classification of dogs commonly referred to as sporting dogs in which the primary purpose is to enhance the field performance of the dogs.

c) Waterdog Training – sporting dog training involving retrieving from water and areas adjacent to water.

d) Running Season – the period when it is unlawful to hunt. The open raccoon running season shall include the hours between sunset and sunrise during the 10 day period preceding the opening date of the raccoon hunting season and the 10 day period following the closing date of the raccoon hunting season.

History

• Source: Amended at 19 Ill. Reg. 11780, effective August 3, 1995

17 Ill. Adm. Code 950.30 Permit Requirements

a) Any individual using a site for dog training must first obtain a permit from the Department. A permit may be obtained from the site office during regular business hours.

b) Dog Training Permits are valid from April 1 to March 31.

History

• Source: Amended at 14 Ill. Reg. 13524, effective August 10, 1990

Part 950 Dog Training on Department-Owned, -Leased or -Managed Sites

17 Ill. Adm. Code 950.40 Dog Training Seasons and Regulations

a) Dog training is prohibited on Department sites except in designated areas.

b) The use of horses for dog training purposes is prohibited except at the sites designated by (1).

c) Only handguns and shotguns with blank cartridges shall be used on Department sites except shotguns with shot shells may be used only for shoot-to-retrieve training using domestic pigeons and/or captive-reared ring-necked pheasants, bobwhite quail, chukar partridge, and mallard ducks at the sites designated by (2).

1. Only shot shells with a shot size of No. 6 lead or a non-toxic shot size ballistically equivalent to No. 6 lead or smaller shall be used for shoot-to-retrieve dog training.

2. Individuals participating in shoot-to-retrieve dog training are required to wear a cap and upper outer garment of solid and vivid blaze orange of at least 400 square inches.

3. Individuals participating in shoot-to-retrieve dog training are required to wear a back patch issued at the site headquarters on the outside of the upper outer blaze orange garment.

d) Dog training at the following sites will be open from September 1-March 31, except closed during site upland game season; additional exceptions in parenthesis:

Carlyle Lake Lands and Waters

Clinton Lake State Recreation Area

Edward R. Madigan State Park

Eldon Hazlet State Park (closed September 1 through the first Sunday of the controlled pheasant hunting season; dog training is open on Mondays and Tuesdays during the Controlled Pheasant Hunting Season and from the close of the upland game hunting season through March 31)

Hamilton County Conservation Area

Hidden Springs State Forest

Horseshoe Lake State Park (dog training is open during the upland game season)

Iroquois County Wildlife Management Area

Jim Edgar Panther Creek State Fish and Wildlife Area (during the Controlled Pheasant Hunting Season, training is open on Mondays and Tuesdays) (1)

Kankakee River State Park

Kaskaskia River State Fish and Wildlife Area (water dog training only is open all year) (1)

Kickapoo State Park (1)

Lake Shelbyville – Eagle Creek State Park

Lake Shelbyville – Eagle Creek Wildlife Management Area

Lake Shelbyville – Kaskaskia and West Okaw Wildlife Management Area

Mackinaw River State Fish and Wildlife Area

Marseilles State Fish and Wildlife Area (closed Friday, Saturday, and Sunday during September, October and March)

Middle Fork Fish and Wildlife Management Area (1)

Peabody River King State Fish and Wildlife Area (water dog training only is open all year)

Sahara Woods State Fish and Wildlife Area

Saline County Conservation Area

Sam Parr State Park

Sand Ridge State Forest (during the Controlled Pheasant season, training is open on Mondays and Tuesdays) (1)

Sangchris Lake State Park (water dog training is open all year)

Shabbona Lake State Park (closed during archery deer season)

Silver Springs State Fish and Wildlife Area

Skinner Farm State Habitat Area (area south and west of I-24 open only from October 1-March 31)

Stephen A. Forbes State Fish and Wildlife Area

Ten Mile Creek Fish and Wildlife Area

Trail of Tears State Forest

Washington County Conservation Area

Weinberg-King State Park (1)

World Shooting and Recreational Complex

e) Dog training at the following sites will be allowed throughout the year; exceptions in parentheses:

Banner Marsh Fish and Wildlife Area (closed 7 days before through end of waterfowl season)

Clinton Lake State Recreation Area, Parnell Unit Designated Area

Des Plaines Conservation Area (closed during site's upland game season) (1) (2)

Eldon Hazlet State Park north of Allen Branch Public Hunting Area

Jim Edgar Panther Creek State Fish and Wildlife Area, Area C2 (East of Main office; except when controlled pheasant hunting is occurring) and all water dog training

Mississippi River Fish and Waterfowl Management Area (Pools 25 and 26) (1)

Pyramid State Park (closed during site's upland game and waterfowl hunting seasons) (1) (2)

Randolph County Conservation Area

Rock Cut State Park

Snakeden Hollow State Fish and Wildlife Area (closed October 1 through the Central Zone Goose Hunting Season)

History

• Source: Amended at 47 Ill. Reg. 6664, effective May 4, 2023

Part 950 Dog Training on Department-Owned or -Managed Sites

17 Ill. Adm. Code 950.50 Dog Training Regulations (repealed)

History

• Source: Repealed at 23 Ill. Reg. 8392, effective July 7, 1999

17 Ill. Adm. Code 950.60 Penalties, Future Rights/Appeal Procedures

a) For violation of Section 2.34 of the Wildlife Code [520 ILCS 5/2.34] or this Part, the Department will revoke an individual's Dog Training Permit, in addition to any penalties assessed by the courts. Violation of this Part is a petty offense.

b) Individuals whose Dog Training Permits have been revoked may contest the denial of a permit according to the process delineated in 17 Ill. Adm. Code 2530.

History

• Source: Amended at 26 Ill. Reg. 13882, effective September 5, 2002

Part 960 Dog Training on Non-Department Owned or -Managed Lands

17 Ill. Adm. Code 960.10 Definitions

Department – Department of Natural Resources

Designated Dog Training Area – an area of limited acreage where an individual may shoot hand reared game birds or pigeons while training sporting dogs throughout the entire year.

Dog Training – any teaching or exercising activity involving the classification of dogs commonly referred to as sporting dogs in which the primary purpose is to enhance the field performance of the dogs.

Running Season – the period when it is unlawful to hunt.

17 Ill. Adm. Code 960.20 Designated Dog Training Area Permits

a) Designated Dog Training Area Permits are available from the Department upon completion of an application for the permit. Permit applications are available on the Department's website at http://dnr.state.il.us or by writing to:

Illinois Department of Natural Resources

Office of Land Management and Education

One Natural Resources Way

Springfield IL 62702-1271

b) Applicants for Designated Dog Training Area Permits must possess a Game Bird Breeders Permit or a Game Breeding and Hunting Preserve Area License.

c) Designated Dog Training Area Permits are valid from April 1 to March 31.

d) Not more than 50 acres may be included in a Designated Dog Training Area Permit.

History

• Source: Amended at 28 Ill. Reg. 7068, effective May 3, 2004

17 Ill. Adm. Code 960.30 Designated Dog Training Areas

a) Permit holders must conspicuously post the perimeter of Designated Dog Training Areas with signs obtainable from the Department.

b) Permit holders must properly band all hand reared game birds shot on a Designated Dog Training Area before they are removed from the training area. If the permit holder resides on the training area, the hand reared game birds must be properly banded the same day they are taken. Only bands obtained from the Department may be used. Bands can be obtained for ten cents each by writing to:

Illinois Department of Natural Resources

Division of Systems and Licensing

P.O. Box 19458Springfield IL 62794-9458

c) Permit holders may utilize live hand reared game bird recall devices on Designated Dog Training Areas.

d) The individuals named on the permit are authorized to shoot hand reared game birds and/or domestic pigeons all year within the Designated Dog Training Area.

History

• Source: Amended at 28 Ill. Reg. 7068, effective May 3, 2004

17 Ill. Adm. Code 960.40 Training of Coon Hounds

It shall be unlawful to shake out, relocate, dislodge, move or extract a raccoon from a place of refuge during the running season.

17 Ill. Adm. Code 960.50 Penalties, Future Rights/Appeal Procedures

a) For violation of Section 2.34 of the Wildlife Code [520 ILCS 5/2.34] or this Part, the Department will revoke an individual's Designated Dog Training Area Permit, in addition to any penalties assessed by the courts. Violation of this Part is a petty offense [520 ILCS 5/3.5(c)].

b) Individuals whose Designated Dog Training Permits have been revoked may contest the denial of a permit according to the process delineated in 17 Ill. Adm. Code 2530.

History

• Source: Amended at 28 Ill. Reg. 7068, effective May 3, 2004

Chapter 1 Department of Natural Resources

Subchapter b Fish and Wildlife

Part 970 Hound Running Areas

17 Ill. Adm. Code 970.10 Definitions

Animal – Coyote, Red Fox, Rabbit or Raccoon.

Department – Illinois Department of Natural Resources.

Fit – Animals free of injuries that might prevent them from evading hounds and, in the case of raccoons, foxes and coyotes, treated for parasites (i.e., roundworms, tapeworms, hookworms) and inoculated to prevent diseases (i.e., canine distemper, hepatitis, parainfluenza, parvovirus) that might infect domestic dogs or others of their kind.

Hound – American Foxhound, Basset Hound, Beagle Hound, Black and Tan Coonhound, Bluetick Coonhound, English Coonhound, English Foxhound, Plott Hound, Redbone Coonhound, Treeing Walker Coonhound and mix-bred hounds of these breeds used to pursue animals by scent.

Hound Running Area – A fenced enclosure authorized by the Department where fit animals may be pursued by hounds.

Licensed Veterinarian – Veterinarians licensed by the Illinois Department of Financial and Professional Regulation to practice veterinary medicine in Illinois.

Running Period − The duration of time when hounds are allowed to pursue animals in a hound running area.

17 Ill. Adm. Code 970.20 Hound Running Area Permits and Fees

a) Hound Running Area Permits are available from the Department upon completion of an application for the permit, payment of the permit fee and approval of the Hound Running Area by the Department. Permit applications are available on the Department's website at https://www.dnr.illinois.gov or by contacting the Department at:

Illinois Department of Natural Resources

Office of Land Management

One Natural Resources Way

Springfield IL 62702-1271

b) The Department will issue Hound Running Area Permits for coyote and fox areas, for rabbit areas, for raccoon areas and for certain combinations of those animals.

c) Applicants for Hound Running Area Permits must possess a Fur-bearing Mammal Breeders Permit for possession of coyotes, foxes and/or raccoons and a Class B Commercial Game Breeders Permit for possession of rabbits.

d) Hound Running Area Permits are renewable annually and expire on March 31 of each year. The annual fee for each Hound Running Area Permit is $250.

e) Plans for modifications to established Hound Running Areas must be approved by the Department prior to construction. Upon completion, modified Hound Running Areas must be approved by the Department prior to any release of animals or hounds.

f) Applicants shall provide a list of licensed trappers and Commercial Game Breeder Permit holders from whom animals will be obtained in accordance with Section 970.60. Hound Running Area operators shall be limited to 6 licensed trappers and 6 Commercial Game Breeder Permit holders from whom they may obtain animals. The list shall only be subject to modification during the month of the annual renewal date and during September 1-14 annually while the Hound Running Area Permit is active.

History

• Source: Amended at 47 Ill. Reg. 6671, effective May 4, 2023

17 Ill. Adm. Code 970.30 Hound Running Area Records

a) Hound Running Area Permit holders shall keep accurate, complete and current records. Records shall be retained for 2 years from the end of the calendar year in which the record was made. Records shall be made available for inspection by the Department at any reasonable hour.

b) Hound Running Area Permit holders shall maintain records on the number, species and source of all animals released into the hound running area, including the unique animal identifiers attached to each animal released. The following information shall be recorded and maintained in the permit holder's records and correspond to the unique animal identifiers:

1. The name, address, phone number, and the Department customer number of the person from whom the animal was obtained.

2. The origin county of the animals, including the origin county of those animals existing in the hound running area prior to April 1, 2012.

3. All veterinary care records, inoculation records and copies of health certificates or certificates of veterinarian inspections.

4. The date of release into and recovery from the hound running area.

5. The date of mortality or discovery of mortality of any coyote, fox or raccoon.

c) Leases provided for in Section 970.60(b) must be written and contain the lessor's and lessee's complete names and principal addresses, the effective dates of the lease, an attached Plat Map with the lessor's property highlighted, a list of the animals that may be captured on the property, signatures of the lessor and lessee and the date the lease was signed.

17 Ill. Adm. Code 970.40 Hound Running Area Regulations

a) Animal densities, running periods and animal removal from dog-proof escape areas:

1. Coyote and fox hound running areas shall contain not less than 2 animals and shall not contain more than 4 animals per each full 20 acres.

2. Raccoon hound running areas shall contain not less than 2 nor more than 3 animals per each full 5 acres.

3. Rabbit hound running areas shall contain 2 animals per each full acre.

4. The running period for coyote, fox and raccoon hound running areas shall not be longer than 16 consecutive hours within a 24-hour period.

5. The running period for rabbit hound running areas shall be sunrise to sunset.

6. Hounds shall not be released for 14 consecutive days after an animal has been added to a hound running area.

7. It shall be unlawful to shake out, relocate, dislodge, move or extract an animal from a place of refuge while hounds are present within a hound running area.

b) Hounds

1. Not more than 3 hounds per animal shall be released into a hound running area during a running period.

2. Hounds less than 7 months of age shall not be released in coyote, fox or raccoon hound running areas.

c) Signs:

1. Signs purchased from the Department shall be conspicuously posted on the perimeter fence of hound running areas at intervals of 500 feet or less with at least one sign on each side of the hound running area.

2. The price for signs shall be set by the Department. The price shall be the cost of the sign procured by the Department plus the cost to ship the signs to Hound Running Area Permit holders.

3. Signs are available by calling 217/785-3423 or by writing to:

Illinois Department of Natural Resources

License Consignment/Permits,

PO Box 19458

Springfield IL 62794-9458

d) Hound running areas shall meet the following requirements:

1. Coyote and fox hound running areas shall have an area of not less than 160 contiguous acres with a dog-proof escape area in each 20 acre tract.

2. Coyote and fox hound running areas for inexperienced hounds one year or less in age shall have an area of 10-80 contiguous acres with 2 dog-proof escape areas for tracts of 40 acres or less and an additional dog-proof escape area for each additional 20 acre tract or partial tract.

3. Raccoon hound running areas shall have an area of not less than 20 contiguous acres with a dog-proof escape area in each 5 acre tract.

4. Rabbit hound running areas shall have an area of not less than 5 contiguous acres with a dog-proof escape area in each 2.5 acre tract.

5. Dog proof escape areas must be approved by the Department, appropriate for the species of animal pursued, available for use by pursued animals when hounds are present, and distributed evenly in hound running areas.

e) Perimeter fences shall completely enclose the hound running area, shall have rounded corners designed to prevent animals from being trapped in corners by hounds, and shall be of sufficient design and strength to prevent any released animal from escaping or any wild free ranging animal from entering the hound running area.

f) Perimeter fences for coyote, fox and raccoon hound running areas shall meet the following requirements:

1. Height − at least 5 feet.

2. At the top of the perimeter fence, a minimum of 12 inches of additional fence shall be bent inward at a 90 degree angle.

3. At the bottom of the perimeter fence, a minimum of 12 inches of additional fence shall be bent inward at a 90 degree angle and secured to the ground, or the additional 12 inches of fence at the bottom of the perimeter fence may be buried with no bend.

4. Electric wires with sufficient current to contain coyotes, foxes and raccoons and deter hounds shall be placed on and along the perimeter of hound running areas as follows:

A) Coyote, fox and raccoon hound running areas − on the perimeter fence on electric fence standoffs between 30 and 46 inches from the ground.

B) Coyote and fox hound running areas − one foot inside and 8 inches to one foot high along the perimeter fence.

C) Coyote and fox hound running areas – 3 to 4 feet inside and 18 inches to 2 feet high along the perimeter fence.

5. Perimeter fences and electric wires shall be maintained and shall be clear of debris and vegetation.

g) Perimeter fences for rabbit hound running areas shall meet the following requirements:

1. Height − at least 4 feet.

2. At the bottom of the perimeter fence, a minimum of 12 inches of additional fence shall be bent outward at a 90 degree angle and secured to the ground or the additional 12 inches of fence at the bottom of the perimeter fence may be buried with no bend.

3. Perimeter fences shall be maintained and shall be clear of debris and vegetation.

h) Competitive hound events (i.e., fox hound field trials, beagle or basset hound field trials and hunt tests, or coonhound night hunts, water races, treeing contests and field trials) conducted in hound running areas must comply with the provisions of 17 Ill. Adm. Code 930 (Field Trials on Private Lands).

i) The breeds of dogs commonly referred to as sporting dogs may be trained or field trialed in hound running areas. Sporting dog training and field trialing in hound running areas must comply with the provisions of 17 Ill. Adm. Code 960 (Dog Training on Non-Department Owned or -Managed Land) and 17 Ill. Adm. Code 930 (Field Trials on Private Lands), respectively.

j) Compliance requirements:

1. Hound running areas established prior to April 1, 2012 shall be in compliance with the perimeter fencing provisions of this Part not later than 2 years after April 1, 2012.

2. The Department will waive the acreage requirements for hound running areas in existence prior to April 1, 2012.

A) A waiver for up to 5 consecutive years will be granted if the Hound Running Area Permit holder requests an acreage waiver in writing.

B) Upon expiration of the first waiver, an additional waiver for up to 5 consecutive years will be granted if the Hound Running Area Permit holder requests an acreage waiver in writing and has made reasonable progress towards meeting the hound running area acreage requirements. Reasonable progress means having added at least 25% of the remaining acreage needed to meet the hound running area acreage requirement.

C) The Department may place restrictions on the number of hounds loosed at any given time in hound running areas with acreage waivers.

3. The Hound Running Area Permit holder must be in compliance with all other provisions of this Part when the Hound Running Area Permit is approved.

History

• Source: Amended at 47 Ill. Reg. 6671, effective May 4, 2023

17 Ill. Adm. Code 970.50 Marking of Animals

a) Each rabbit possessed under authority of a Hound Running Area Permit shall be marked with a unique numbered ear tag provided by the Department. The cost for each ear tag shall be the actual cost incurred by the Department for the procurement of the tags plus the cost for shipping the tags to the Hound Running Area Permit holder.

b) Each coyote, fox and raccoon possessed under authority of a Hound Running Area Permit shall be marked with a unique numbered ear tag and unique passive integrated transponder (PIT) tag provided by the Department. The cost for each set of tags shall be the actual cost incurred by the Department for the procurement of the tags plus the cost for shipping the tags to the Hound Running Area Permit holder.

c) Only ear and PIT tags obtained from the Department may be used. To obtain tags refer to the contact information in Section 970.40(c)(3).

d) Offspring of animals contained in hound running areas must be properly marked by October 31 of each year.

17 Ill. Adm. Code 970.60 Sources of Captive-Reared and Wild Animals

a) No animals captured from the wild in another state may be imported into Illinois for possession, propagation or release under authority of a Hound Running Area Permit and accompanying Fur-bearing Mammal Breeders Permit or Class B Commercial Game Breeders Permit.

b) Animals may be obtained from the sources listed in this subsection (b), provided they are taken or possessed in accordance with the Wildlife Code and this Section. Animals captured from the wild shall be transferred to a Hound Running Area Permit holder within 48 hours after capture.

1. Individuals who hold a valid Fur-bearing Mammal Breeders Permit or Class B Commercial Game Breeders Permit;

2. Individuals who hold a valid Class A or Class C Nuisance Wildlife Control Permit. This subsection authorizes individuals who hold a valid Class A or Class C Nuisance Wildlife Control Permit to transfer live animals to Hound Running Area Permit holders with an appropriately designated hound running area in accordance with the provisions of 17 Ill. Adm. Code 525 (Nuisance Wildlife Control Permits);

3. Individuals who hold a valid resident trapping license, provided animals in their possession are taken during the open season for a particular species; and

4. Individuals who hold a valid Hound Running Area Permit and those individuals listed in Section 970.20(f) may capture animals year-round on properties they own or lease.

17 Ill. Adm. Code 970.70 Temporary Holding Facilities – Minimum Standards

Animals held in temporary confinement for more than 24 hours by Hound Running Area Permit holders shall be housed individually in escape proof pens of sufficient size for the species.

a) Rabbits − floor space shall be at least 6 square feet.

b) Coyotes, foxes and raccoons − floor space shall be at least 32 square feet.

c) The pens shall have a solid roof to protect animals from the elements and an inside shelter, such as a wooden box, plastic barrel or animal carrier.

17 Ill. Adm. Code 970.80 Disposition of Animals

a) Animals possessed under authority of a Hound Running Area Permit and accompanying Fur-bearing Mammal Breeders Permit or Class B Commercial Game Breeders Permit may only be released into a Department-approved hound running area.

b) Animals shall be provided feed designed to maintain adequate weight and meet the animal's nutritional requirements. Animals shall be provided adequate water.

c) Only fit animals shall be released in hound running areas.

d) Fit animals possessed under authority of a Hound Running Area Permit may be transferred only to other individuals with valid Hound Running Area Permits.

e) Animals deemed unfit by the operator for training exercises or field trialing in a hound running area shall be euthanized by gunshot or by a licensed veterinarian. Euthanized animals shall be disposed of pursuant to the Illinois Dead Animal Disposal Act [225 ILCS 610] and 8 Ill. Adm. Code 90 (Illinois Dead Animal Disposal Act).

f) Fit animals that must be disposed of due to revocation or suspension of the Hound Running Area Permit under Section 970.90 must be transferred to an individual with a valid Permit at a different location or euthanized as specified in subsection (e).

17 Ill. Adm. Code 970.90 Penalties

A Hound Running Area Permit holder who accumulates 13 or more points based on violation of the Wildlife Code as set out in 17 Ill. Adm. Code 2530 (Revocation Procedures for Conservation Offenses) and has his or her licenses, permits and stamps issued under the Wildlife Code revoked and privileges suspended, shall be allowed 30 days from the date of revocation/suspension to dispose of all animals held under the Hound Running Area Permit and the Fur-bearing Mammal Breeder's Permit or Commercial Game Breeder's Permit. Any property operated as a hound running area by a person who subsequently has his/her privileges suspended or revoked will not be eligible to be licensed as a hound running area by any person during the period of time when the original license is suspended.

17 Ill. Adm. Code 1010.10 Official List

The following list has been adopted by the Illinois Endangered Species Protection Board as the Official List of Endangered and Threatened Fauna of Illinois.

History

• Source: Amended at 8 Ill. Reg. 13705, effective July 25, 1984

Chapter I Department of Natural Resources

Subchapter c Endangered Species

Part 1010 Illinois List of Endangered and Threatened Fauna

17 Ill. Adm. Code 1010.20 Definitions (repealed)

History

• Source: Repealed at 39 Ill. Reg. 7982, effective May 19, 2015

17 Ill. Adm. Code 1010.25 Criteria Used for Listing

a) A species shall be included on the Official List when one or more of the following criteria exist:

1. Species or subspecies designated as federally endangered or threatened.

2. Species proposed for Federal Endangered or Threatened status that occurs in Illinois.

3. Species that formerly were widespread in Illinois but have been nearly extirpated from the State due to habitat destruction, collecting, or other pressures resulting from the development of Illinois.

4. Species that exhibit very restricted geographic ranges of which Illinois is a part.

5. Species that exhibit restricted habitats or low populations in Illinois.

6. Species that are significant disjuncts in Illinois, i.e., the Illinois population is far removed from the rest of the species' range.

b) A species will be removed from the Official List if it no longer fulfills one or more of the criteria in subsection (a), except for a species that no longer fulfills the criteria because it no longer inhabits Illinois. The determination will be made pursuant to Section 7 of the Endangered Species Protection Act [520 ILCS 10/7].

History

• Source: Amended at 35 Ill. Reg. 4196, effective February 22, 2011

17 Ill. Adm. Code 1010.30 List

All federally designated endangered or threatened animal species and subspecies have been automatically listed as endangered or threatened under the Illinois Endangered Species Protection Act and placed on the Illinois List by the Board and are protected under the Act even though their names do not appear in this Section. Only those federally designated endangered or threatened animal species and subspecies known to occur in Illinois are designated as Illinois-endangered or Illinois-threatened by the Board and their names appear in this Section. Users should refer to the US Fish and Wildlife Service website at www.fws.gov/program/endangered-species for a complete listing of all federally designated endangered and threatened species and subspecies.

COMMON NAME SCIENTIFIC NAME

a) ENDANGERED FISHES OF ILLINOIS

Lake Sturgeon

Acipenser fulvescens

Weed Shiner

Alburnops texanus

Western Sand Darter

Ammocrypta clara

Cisco

Coregonus artedi

Crystal Darter

Crystallaria asprella

Harlequin Darter

Etheostoma histrio

Brassy Minnow

Hybognathus hankinsoni

Cypress Minnow

Hybognathus hayi

Pallid Shiner

Hybopsis amnis

Northern Brook Lamprey

Ichthyomyzon fossor

Sturgeon Chub

Macrhybopsis gelida

Bigeye Shiner

Miniellus boops

Greater Redhorse

Moxostoma valenciennesi

River Chub

Nocomis micropogon

Pugnose Shiner

Notropis anogenus

Blacknose Shiner

Notropis heterolepis

Taillight Shiner

Notropis maculatus

Northern Madtom

Noturus stigmosus

Pallid Sturgeon**

Scaphirhynchus albus

b) THREATENED FISHES OF ILLINOIS

Ironcolor Shiner

Alburnops chalybaeus

Eastern Sand Darter

Ammocrypta pellucida

Longnose Sucker

Catostomus catostomus

Mottled Sculpin

Cottus bairdii

Banded Pygmy Sunfish

Elassoma zonatum

Streamline Chub

Erimystax dissimilis

Gravel Chub

Erimystax x-punctatus

Shawnee Hills Cavefish

Forbesichthys papilliferus

Western Banded Killifish

Fundulus diaphanus subsp. menona

Starhead Topminnow

Fundulus dispar

Bigeye Chub

Hybopsis amblops

Least Brook Lamprey

Lampetra aepyptera

Redspotted Sunfish

Lepomis miniatus

Bantam Sunfish

Lepomis symmetricus

American Brook Lamprey

Lethenteron appendix

Blackchin Shiner

Miniellus heterodon

Ozark Minnow

Miniellus nubilus

River Redhorse

Moxostoma carinatum

Bluebreast Darter

Nothonotus camurus

Tippecanoe Darter

Nothonotus tippecanoe

Trout-perch

Percopsis omiscomaycus

c) ENDANGERED AMPHIBIANS AND REPTILES OF ILLINOIS

Salamanders

Silvery Salamander

Ambystoma platineum

Hellbender

Cryptobranchus alleganiensis

Spotted Dusky Salamander

Desmognathus conanti

Turtles

Spotted Turtle

Clemmys guttata

Blanding's Turtle

Emydoidea blandingii

Yellow Mud Turtle

Kinosternon flavescens

Alligator Snapping Turtle

Macrochelys temminckii

River Cooter

Pseudemys concinna

Snakes

Great Plains Ratsnake

Pantherophis emoryi

Eastern Massasauga*

Sistrurus catenatus

d) THREATENED AMPHIBIANS AND REPTILES OF ILLINOIS

Salamanders

Jefferson Salamander

Ambystoma jeffersonianum

Four-toed Salamander

Hemidactylium scutatum

Mudpuppy

Necturus maculosus

Frogs and Toads

Eastern Narrow-mouthed Toad

Gastrophryne carolinensis

Bird-voiced Treefrog

Hyla avivoca

Illinois Chorus Frog

Pseudacris illinoensis

Turtles

Smooth Softshell

Apalone mutica

Ornate Box Turtle

Terrapene ornata

Snakes

Kirtland's Snake

Clonophis kirtlandii

Timber Rattlesnake

Crotalus horridus

Plains Hog-nosed Snake

Heterodon nasicus

Mississippi Green Watersnake

Nerodia cyclopion

Flat-headed Snake

Tantilla gracilis

Eastern Ribbonsnake

Thamnophis saurita

Lined Snake

Tropidoclonion lineatum

e) ENDANGERED BIRDS OF ILLINOIS

Short-eared Owl

Asio flammeus

Upland Sandpiper

Bartramia longicauda

American Bittern

Botaurus lentiginosus

Swainson's Hawk

Buteo swainsoni

Piping Plover**

Charadrius melodus

Black Tern

Chlidonias niger

Northern Harrier

Circus hudsonius

Little Blue Heron

Egretta caerulea

Snowy Egret

Egretta thula

Common Gallinule

Gallinula galeata

Loggerhead Shrike

Lanius ludovicianus

Black Rail

Laterallus jamaicensis

Swainson's Warbler

Limnothlypis swainsonii

Yellow-crowned Night-Heron

Nyctanassa violacea

Black-crowned Night-Heron

Nycticorax nycticorax

Wilson's Phalarope

Phalaropus tricolor

King Rail

Rallus elegans

Forster's Tern

Sterna forsteri

Common Tern

Sterna hirundo

Least Tern

Sternula antillarum

Bewick's Wren

Thryomanes bewickii

Greater Prairie-Chicken

Tympanuchus cupido

Yellow-headed Blackbird

Xanthocephalus xanthocephalus

f) THREATENED BIRDS OF ILLINOIS

Chuck-will's-widow

Antrostomus carolinensis

Rufa Red Knot*

Calidris canutus rufa

Black-billed Cuckoo

Coccyzus erythropthalmus

Least Bittern

Ixobrychus exilis

Osprey

Pandion haliaetus

Cerulean Warbler

Setophaga cerulea

g) ENDANGERED MAMMALS OF ILLINOIS

Gray/Timber Wolf**

Canis lupus

Rafinesque's Big-eared Bat

Corynorhinus rafinesquii

Southeastern Myotis

Myotis austroriparius

Gray Bat**

Myotis grisescens

Northern Long-eared Bat**

Myotis septentrionalis

Indiana Bat**

Myotis sodalis

h) THREATENED MAMMALS OF ILLINOIS

Eastern Small-footed Bat

Myotis leibii

Franklin's Ground Squirrel

Poliocitellus franklinii

i) ENDANGERED INVERTEBRATE ANIMALS OF ILLINOIS

Snails

Iowa Pleistocene Snail**

Discus macclintocki

Hydrobiid Cave Snail

Fontigens antroecetes

Onyx Rocksnail

Leptoxis praerosa

Shawnee Rocksnail

Lithasia obovata

Mussels

Rainbow

Cambarunio iris

Fanshell**

Cyprogenia stegaria

Elephant-ear

Elliptio crassidens

Northern Riffleshell**

Epioblasma rangiana

Snuffbox**

Epioblasma triquetra

Spike

Eurynia dilatata

Pink Mucket**

Lampsilis abrupta

Wavy-rayed Lampmussel

Lampsilis fasciola

Higgins Eye**

Lampsilis higginsii

Scaleshell**

Leptodea leptodon

Spectaclecase**

Cumberlandia monodonta

Orangefoot Pimpleback**

Plethobasus cooperianus

Sheepnose**

Plethobasus cyphyus

Clubshell**

Pleurobema clava

Ohio Pigtoe

Pleurobema cordatum

Fat Pocketbook**

Potamilus capax

Kidneyshell

Ptychobranchus fasciolaris

Ebonyshell

Reginaia ebenus

Salamander Mussel

Simpsonaias ambigua

Rabbitsfoot*

Theliderma cylindrica

Purple Lilliput

Toxolasma lividum

Crustaceans

Isopod

Caecidotea lesliei

Anomalous Spring Amphipod

Crangonyx anomalus

Packard's Cave Amphipod

Crangonyx packardi

Indiana Crayfish

Faxonius indianensis

Kentucky Crayfish

Faxonius kentuckiensis

Shrimp Crayfish

Faxonius lancifer

Bigclaw Crayfish

Faxonius placidus

Little Wabash Crayfish

Faxonius stannardi

Illinois Cave Amphipod**

Gammarus acherondytes

Iowa Amphipod

Stygobromus iowae

Scorpions

Common Striped Scorpion

Centruroides vittatus

Dragonflies

Elfin Skimmer

Nannothemis bella

Hine's Emerald Dragonfly**

Somatochlora hineana

Springtails

Madonna Cave Springtail

Pygmarrhopalites madonnensis

Stoneflies

Robust Springfly

Diploperla robusta

Central Forestfly

Prostoia ozarkensis

Bees

Eastern Scaly Miner Bee

Andrena quintilis

Virginia Mining Bee

Andrena virginiana

Rusty Patched Bumble Bee**

Bombus affinis

Alumroot Cellophane Bee

Colletes aestivalis

Andrews' Cellophane Bee

Colletes andrewsi

Ainslie's Epeolus

Epeolus ainsliei

Interrupted Epeolus

Epeolus interruptus

Naked Oil-collecting Bee

Macropis nuda

Pickerelweed Long-nosed Bee

Melissodes apicatus

Leafhoppers

Ball's Athysanella

Athysanella balli

Leafhopper

Athysanella incongrua

Leafhopper

Commellus colon

Sand Reed Leafhopper

Flexamia grammica

Butterflies and Moths

Swamp Metalmark

Calephelis muticum

Cobweb Skipper

Hesperia metea

Hoary Elfin

Incisalia polios

j) THREATENED INVERTEBRATE ANIMALS OF ILLINOIS

Mussels

Purple Wartyback

Cyclonaias tuberculata

Butterfly

Ellipsaria lineolata

Monkeyface

Quadrula metanevra

Bees

Walsh's Anthophora

Anthophora walshii

Baker's Nomia

Dieunomia nevadensis bakeri

Norton's Nomia

Nomia nortoni

Mining Bee

Protandrena bancrofti

Leafhoppers

Red-tailed Prairie Leafhopper

Aflexia rubranura

Fitch's Elephanthopper

Fitchiella robertsonii

Leafhopper

Flexamia albida

Planthopper

Poblicia fuliginosa

Ross' Polyamia

Polyamia rossi

Butterflies and Moths

Aphrodite Fritillary

Argynnis aphrodite

Western Regal Fritillary

Argynnis idalia occidentalis

Eryngium Stem Borer

Papaipema eryngii

Purplish Copper

Tharsalea helloides

• Federally designated threatened species

** Federally designated endangered species

History

• Source: Amended at 49 Ill. Reg. 14764, effective October 30, 2025

Chapter I Department of Natural Resources

Subchapter c Endangered Species

Part 1010 Illinois List of Endangered and Threatened Fauna

17 Ill. Adm. Code 1010.40 Effective Date (repealed)

History

• Source: Repealed at 8 Ill. Reg. 13705, effective July 25, 1984

Part 1050 Illinois List of Endangered and Threatened Flora

17 Ill. Adm. Code 1050.10 Official List

The lists appearing in Sections 1050.30 and 1050.40 have been adopted by the Illinois Endangered Species Protection Board as the Official Lists of Endangered and Threatened Flora of Illinois.

History

• Source: Amended at 22 Ill. Reg. 21902, effective December 3, 1998

17 Ill. Adm. Code 1050.20 Definitions (repealed)

History

• Source: Repealed at 39 Ill. Reg. 7993, effective May 19, 2015

17 Ill. Adm. Code 1050.25 Criteria Used for Listing

a) A species shall be included on the Official List when one or more of the following criteria exists:

1. Species or subspecies designated as federally endangered or threatened.

2. Species proposed for Federal Endangered or Threatened status that occur in Illinois.

3. Species that formerly were widespread in Illinois but have been nearly extirpated from the State due to habitat destruction, collecting, or other pressures resulting from the development of Illinois.

4. Species that exhibit very restricted geographic ranges of which Illinois is a part.

5. Species that exhibit restricted habitats or low populations in Illinois.

6. Species that are significant disjuncts in Illinois, i.e., the Illinois population is far removed from the rest of the species' range.

b) A species will be removed from the Official List if it no longer fulfills one or more of the criteria in subsection (a), except for a species that no longer fulfills the criteria because it no longer grows in Illinois. The determination will be made pursuant to Section 7 of the Endangered Species Protection Act [520 ILCS 10/7].

History

• Source: Amended at 39 Ill. Reg. 7993, effective May 19, 2015

17 Ill. Adm. Code 1050.30 Endangered Flora of Illinois

All federally designated endangered or threatened animal species and subspecies have been automatically listed as endangered or threatened under the Illinois Endangered Species Protection Act and placed on the Illinois List by the Board and are protected under the Act even though their names do not appear in this Section. Only those federally designated endangered or threatened animal species and subspecies known to occur in Illinois are designated as Illinois‑endangered or Illinois-threatened by the Board and their names appear in this Section. Users should refer to the US Fish and Wildlife Service website at https://www.fws.gov/program/endangered-species for a complete listing of all federally designated endangered and threatened species and subspecies.

SCIENTIFIC NAME COMMON NAME

a) FERNS AND ALLIES

Asplenium bradleyi

Bradley's Spleenwort

Asplenium resiliens

Black Spleenwort

Botrychium campestre

Prairie Moonwort

Botrychium matricariifolium

Daisyleaf Grape Fern

Botrychium simplex

Dwarf Grape Fern

Dendrolycopodium dendroideum

Ground Pine

Dendrolycopodium hickeyi

Hickey's Groundpine

Dennstaedtia punctilobula

Hay-scented Fern

Dryopteris celsa

Log Fern

Equisetum scirpoides

Dwarf Scouring Rush

Equisetum sylvaticum

Woodland Horsetail

Gymnocarpium dryopteris

Oak Fern

Isoetes butleri

Butler's Quillwort

Lycopodiella inundata

Bog Clubmoss

Lycopodium clavatum

Running Pine

Phegopteris connectilis

Long Beech Fern

Sceptridium biternatum

Southern Grape Fern

Sceptridium multifidum

Northern Grape Fern

Thelypteris noveboracensis

New York Fern

Vandenboschia boschiana

Filmy Fern

Woodsia ilvensis

Rusty Woodsia

b) GYMNOSPERMS

Juniperus communis

Ground Juniper

Juniperus horizontalis

Trailing Juniper

Larix laricina

Tamarack

Pinus banksiana

Jack Pine

Pinus echinata

Shortleaf Pine

Pinus resinosa

Red Pine

c) ANGIOSPERMS – DICOTS

Actaea podocarpa

American Bugbane

Actaea racemosa

False Bugbane

Actaea rubifolia

Black Cohosh

Adoxa moschatellina

Moschatel

Alnus incana subsp. rugosa

Speckled Alder

Amelanchier sanguinea

Shadbush

Amorpha nitens

Smooth False Indigo

Andromeda glaucophylla

Bog Rosemary

Arctostaphylos uva-ursi

Bearberry

Artemisia dracunculus

Dragon Wormwood

Asclepias lanuginosa

Wooly Milkweed

Asclepias meadii*

Mead's Milkweed

Asclepias ovalifolia

Oval Milkweed

Asclepias stenophylla

Narrow-leaved Green Milkweed

Astragalus crassicarpus var. trichocalyx

Large Ground Plum

Astragalus distortus

Bent Milk Vetch

Astragalus tennesseensis

Tennessee Milk Vetch

Baptisia tinctoria

Yellow Wild Indigo

Bartonia paniculata

Screwstem

Berchemia scandens

Supple Jack

Betula alleghaniensis

Yellow Birch

Bidens beckii

Water Marigold

Capnoides sempervirens

Pink Corydalis

Cardamine pratensis var. palustris

Cuckoo Flower

Carya aquatica

Water Hickory

Carya pallida

Pale Hickory

Castilleja sessiliflora

Downy Yellow Painted Cup

Ceanothus herbaceus

Redroot

Chimaphila maculata

Spotted Wintergreen

Chimaphila umbellata

Pipsissewa

Circaea alpina

Small Enchanter's Nightshade

Cirsium pitcheri*

Pitcher's (Dune) Thistle

Cladrastis kentukea

Yellowwood

Clematis crispa

Blue Jasmine

Clematis viorna

Leatherflower

Collinsia violacea

Violet Collinsia

Comptonia peregrina

Sweetfern

Conioselinum chinense

Hemlock Parsley

Cornus canadensis

Bunchberry

Corydalis aurea

Golden Corydalis

Corydalis halei

Hale's Corydalis

Corylus cornuta

Beaked Hazelnut

Cynosciadium digitatum

Cynosciadium

Dalea foliosa**

Leafy Prairie Clover

Delphinium carolinianum

Hill Prairie Larkspur

Draba cuneifolia

Whitlow Grass

Drosera rotundifolia

Round-leaved Sundew

Epilobium strictum

Downy Willow Herb

Eryngium prostratum

Eryngo

Erythranthe geyeri

Yellow Monkey Flower

Eupatorium hyssopifolium var. laciniatum

Hyssop-leaved Thoroughwort

Euphorbia spathulata

Spurge

Galium virgatum

Dwarf Bedstraw

Geranium bicknellii

Northern Cranesbill

Gratiola quartermaniae

Hedge Hyssop

Hackelia deflexa var. americana

Stickseed

Halesia carolina

Silverbell Tree

Helianthus angustifolius

Narrow-leaved Sunflower

Helianthus giganteus

Tall Sunflower

Heliotropium tenellum

Slender Heliotrope

Hudsonia tomentosa

False Heather

Hydrolea uniflora

One-flowered Hydrolea

Hymenopappus scabiosaeus

Old Plainsman

Hypericum adpressum

Shore St. John's Wort

Hypericum kalmianum

Kalm's St. John's Wort

Hypericum swinkianum

Swink's St. John's Wort

Iliamna remota

Kankakee Mallow

Iresine rhizomatosa

Bloodleaf

Juglans cinerea

Butternut

Justicia ovata

Water Willow

Lackeya multiflora

Boykin's Dioclea

Lechea intermedia

Savanna Pinweed

Lespedeza leptostachya*

Prairie Bush Clover

Lonicera dioica var. glaucescens

Red Honeysuckle

Lonicera flava

Yellow Honeysuckle

Ludwigia sphaerocarpa

Round-fruited Loosestrife

Lysimachia radicans

Creeping Loosestrife

Malus angustifolia

Narrow-leaved Crabapple

Malvastrum hispidum

False Mallow

Matelea decipiens

Climbing Milkweed

Melanthera nivea

White Melanthera

Mentzelia oligosperma

Stickleaf

Micranthes virginiensis

Early Saxifrage

Mimosa nuttallii

Cat's Claw

Mirabilis hirsuta

Hairy Umbrella-wort

Nemophila aphylla

Baby Blue-Eyes

Nothocalais cuspidata

Prairie Dandelion

Opuntia fragilis

Fragile Prickly Pear

Orobanche fasciculata

Clustered Broomrape

Penstemon grandiflorus

Large-flowered Beard Tongue

Penstemon tubaeflorus

Tube Beard Tongue

Persicaria careyi

Carey's Heartsease

Phacelia gilioides

Ozark Phacelia

Phemeranthus calycinus

Fameflower

Phlox pilosa subsp. sangamonensis

Sangamon Phlox

Physaria ludoviciana

Silvery Bladderpod

Plantago cordata

Heart-leaved Plantain

Polanisia jamesii

James' Clammyweed

Polygala incarnata

Pink Milkwort

Populus balsamifera

Balsam Poplar

Primula mistassinica

Bird's-eye Primrose

Ptilimnium nuttallii

Mock Bishop's Weed

Quercus texana

Nuttall's Oak

Ranunculus rhomboideus

Prairie Buttercup

Rhamnus alnifolia

Alder Buckthorn

Rhexia mariana

Dull Meadow Beauty

Ribes hirtellum

Northern Gooseberry

Rosa acicularis

Bristly Rose

Sabatia campestris

Prairie Rose Gentian

Salix cordata

Dune Willow

Salix serissima

Autumn Willow

Sambucus racemosa subsp. pubens

Red-berried Elder

Sanguisorba canadensis

American Burnet

Sanicula smallii

Southern Black Snakeroot

Sarracenia purpurea

Pitcher Plant

Shepherdia canadensis

Buffaloberry

Sideroxylon lanuginosum

Wooly Buckthorn

Silene ovata

Ovate Catchfly

Silene regia

Royal Catchfly

Sorbus americana

American Mountain Ash

Stellaria pubera

Great Chickweed

Stylisma pickeringii var. pattersonii

Patterson's Bindweed

Styrax grandifolius

Bigleaf Snowbell Bush

Symphoricarpos albus var. albus

Snowberry

Tetraneuris herbacea*

Lakeside Daisy

Tilia americana var. heterophylla

White Basswood

Tracaulon arifolium

Halberd-leaved Tearthumb

Trientalis borealis

Star-flower

Ulmus thomasii

Rock Elm

Utricularia cornuta

Horned Bladderwort

Utricularia minor

Small Bladderwort

Utricularia subulata

Hair Bladderwort

Vaccinium corymbosum

Highbush Blueberry

Vaccinium macrocarpon

Large Cranberry

Vaccinium oxycoccos

Small Cranberry

Vaccinium stamineum

Deerberry

Valeriana uliginosa

Marsh Valerian

Valerianella umbilicata

Corn Salad

Veronica americana

American Brooklime

Vicia caroliniana

Wood Vetch

Viola blanda

Hairy White Violet

Viola canadensis

Canada Violet

Viola primulifolia

Primrose Violet

Viola rugulosa

Western Tall White Violet

Viola viarum

Limestone Riverbank Violet

d) ANGIOSPERMS – MONOCOTS

Avenella flexuosa

Hairgrass

Beckmannia syzigachne

American Slough Grass

Bouteloua gracilis

Blue Grama

Calamagrostis porteri subsp. insperata

Hollow Reed Grass

Calla palustris

Water Arum

Calopogon oklahomensis

Oklahoma Grass Pink Orchid

Calopogon tuberosus

Grass Pink Orchid

Camassia angusta

Wild Hyacinth

Carex alata

Winged Sedge

Carex albicans var. australis

Bellow's Beak Sedge

Carex albolutescens

Greenish-white Oval Sedge

Carex arkansana

Arkansas Sedge

Carex brunnescens

Brownish Sedge

Carex canescens

Silvery Sedge

Carex chordorrhiza

Cordroot Sedge

Carex crawfordii

Crawford's Sedge

Carex cumulata

Sedge

Carex debilis

White-edge Sedge

Carex decomposita

Cypress-knee Sedge

Carex diandra

Sedge

Carex disperma

Shortleaf Sedge

Carex echinata

Sedge

Carex formosa

Sedge

Carex garberi

Elk Sedge

Carex gigantea

Large Sedge

Carex inops subsp. heliophila

Plains Sedge

Carex limosa

Mud Sedge

Carex nigromarginata

Black-edged Sedge

Carex oligosperma

Few-seeded Sedge

Carex opaca

Opaque Oval Sedge

Carex pallescens

Pale Sedge

Carex plantaginea

Plantain-leaved Sedge

Carex reniformis

Reniform Sedge

Carex straminea

Eastern Straw Sedge

Carex trisperma

Three-seeded Sedge

Carex tuckermanii

Tuckerman's Sedge

Chamaelirium luteum

Fairy Wand

Corallorhiza maculata

Spotted Coral-root Orchid

Cypripedium acaule

Moccasin Flower

Cypripedium parviflorum var. makasin

Small Yellow Lady's Slipper

Cypripedium reginae

Showy Lady's Slipper

Dichanthelium boreale

Northern Panic Grass

Dichanthelium joorii

Panic Grass

Dichanthelium portoricense

Hemlock Panic Grass

Dichanthelium ravenelii

Ravenel's Panic Grass

Dichanthelium yadkinense

Panic Grass

Echinodorus tenellus

Small Burhead

Eleocharis olivacea

Capitate Spikerush

Eleocharis quinqueflora

Few-flowered Spikerush

Elymus trachycaulus

Bearded Wheat Grass

Eriophorum gracile

Slender Cotton Sedge

Eriophorum virginicum

Rusty Cotton Grass

Fimbristylis vahlii

Vahl's Fimbry

Glyceria arkansana

Arkansas Manna Grass

Heteranthera reniformis

Mud Plantain

Hexalectris spicata

Crested Coralroot Orchid

Isotria medeoloides*

Small Whorled Pogonia

Isotria verticillata

Whorled Pogonia

Juncus vaseyi

Vasey's Rush

Luzula acuminata

Hairy Woodrush

Medeola virginiana

Indian Cucumber Root

Melanthium virginicum

Virginia Bunchflower

Melica mutica

Two-Flowered Melic Grass

Platanthera ciliaris

Orange Fringed Orchid

Platanthera clavellata

Wood Orchid

Platanthera leucophaea*

Eastern Prairie Fringed Orchid

Platanthera psycodes

Purple Fringed Orchid

Poa alsodes

Grove Bluegrass

Poa saltuensis subsp. languida

Weak Bluegrass

Poa wolfii

Wolf's Bluegrass

Pogonia ophioglossoides

Snake-mouth

Polygonatum pubescens

Downy Solomon's Seal

Potamogeton praelongus

White-stemmed Pondweed

Potamogeton pulcher

Spotted Pondweed

Potamogeton robbinsii

Fern Pondweed

Potamogeton strictifolius

Stiff Pondweed

Rhynchospora alba

Beaked Rush

Rhynchospora glomerata

Clustered Beak Rush

Sagittaria australis

Arrowhead

Schizachne purpurascens

False Melic Grass

Schoenoplectiella purshiana

Pursh's Bulrush

Schoenoplectiella smithii

Smith's Bulrush

Scirpus hattorianus

Bulrush

Scirpus microcarpus

Small-fruited Bulrush

Scirpus polyphyllus

Leafy Bulrush

Scleria muhlenbergii

Muhlenberg's Nut Rush

Scleria oligantha

Littlehead Nutrush

Scleria pauciflora

Carolina Whipgrass

Sisyrinchium atlanticum

Eastern Blue-eyed Grass

Sisyrinchium montanum

Mountain Blue-eyed Grass

Sparganium americanum

American Bur-reed

Sparganium emersum

Green-fruited Bur-reed

Spiranthes lucida

Yellow-lipped Ladies' Tresses

Spiranthes vernalis

Spring Ladies' Tresses

Torreyochloa pallida

Pole Manna-Grass

Tradescantia bracteata

Prairie Spiderwort

Trichophorum cespitosum

Tufted Bulrush

Trillium cernuum

Nodding Trillium

Trillium erectum

Ill-scented Trillium

Trillium viride

Green Trillium

Zigadenus elegans

White Camass

• Federally designated threatened species

** Federally designated endangered species

History

• Source: Amended at 49 Ill. Reg. 14774, effective October 30, 2025

17 Ill. Adm. Code 1050.40 Threatened Flora of Illinois

All federally designated endangered or threatened plant species and subspecies have been automatically placed on the Illinois List by the Board and are protected under the Illinois Endangered Species Protection Act even though their names do not appear in this Part. Only those federally designated endangered or threatened plant species and subspecies known to occur in Illinois are designated as Illinois-endangered or Illinois-threatened by the Board and their names appear in this Part. Users should refer to the US Fish and Wildlife Service at https://www.fws.gov/program/endangered-species/ for a complete listing of all federally designated endangered and threatened species and subspecies.

SCIENTIFIC NAME COMMON NAME

a) FERNS AND ALLIES

Equisetum pratense

Meadow Horsetail

Huperzia porophila

Cliff Clubmoss

b) ANGIOSPERMS – DICOTS

Agalinis skinneriana

Pale False Foxglove

Amelanchier interior

Shadbush

Boltonia decurrens*

Decurrent False Aster

Buchnera americana

Bluehearts

Cakile edentula var. lacustris

Sea Rocket

Chamaedaphne calyculata

Leatherleaf

Dodecatheon frenchii

French's Shootingstar

Drosera intermedia

Narrow-leaved Sundew

Euonymus americanus

American Strawberry Buh

Euphorbia polygonifolia

Seaside Spurge

Eurybia furcate

Forked Aster

Filipendula rubra

Queen-of-the-Prairie

Hylotelephium telephioides

American Orpine

Lathryus ochroleucus

Pale Vetchling

Melothria pendula

Squirting Cucumber

Menyanthes trifoliata

Buckbean

Minuartia patula

Slender Sandwort

Monarda clinopodia

White Bergamot

Orobanche ludoviciana

Broomrape

Oxalis illinoensis

Illinois Wood Sorrel

Phemeranthus parviflorus

Small Flower-of-an-hour

Planera aquatica

Water Elm

Quercus montana

Rock Chestnut Oak

Quercus phellos

Willow Oak

Ranunculus harveyi

Harvey's Buttercup

Rubus pubescens

Dwarf Raspberry

Rubus setosus

Bristly Blackberry

Rudbeckia missouriensis

Missouri Orange Coneflower

Salvia azurea var.grandiflora

Blue Sage

Solidago sciaphila

Cliff Goldenrod

Styrax americanus

Storax

Sullivantia sullivantii

Sullivantia

Synandra hispidula

Hairy Synandra

Synthyris bullii

Kitten Tails

Trifolium reflexum

Buffalo Clover

Urtica chamaedryoides

Nettle

Utricularia intermedia

Flat-leaved Bladderwort

Veronica scutellata

Marsh Speedwell

Viburnum molle

Arrowwood

c) ANGIOSPERMS – MONOCOTS

Ammophila breviligulata

Marram Grass

Carex atlantica

Sedge

Carex aurea

Golden Sedge

Carex bromoides

Sedge

Carex cryptolepsis

Yellow Sedge

Carex intumescens

Swollen Sedge

Carex oxylepis var. oxylepis

Sharp-scaled Sedge

Carex prasina

Drooping Sedge

Carex viridula

Little Green Sedge

Carex willdenowii

Willdenow's Sedge

Cyperus grayoides

Umbrella Sedge

Cyperus lancastriensis

Galingale

Eleocharis rostellata

Beaked Spike Rush

Festuca paradoxa

Cluster Fescue

Juncus alpinoarticulatus

Richardson's Rush

Platanthera flava var. flava

Tubercled Orchid

Potamogeton gramineus

Grass-leaved Pondweed

Schoenoplectiella hallii

Hall's Bulrush

Stenanthium gramineum

Grass-leaved Lily

Triantha glutinosa

False Asphodel

Triglochin maritima

Common Bog Arrowgrass

Triglochin palustris

Slender Bog Arrowgrass

Uvularia floridana

Florida Bellwort

d) LICHEN

Phaeophyscia leana

Lea's Bog Lichen

• Federally designated threatened species

** Federally designated endangered species.

History

• Source: Amended at 49 Ill. Reg. 14774, effective October 30, 2025

Chapter I Department of Natural Resources

Subchapter c Endangered Species

Part 1070 Possession of Specimens or Products of Endangered or Threatened Species

17 Ill. Adm. Code 1070.10 Definitions

Animal – those organisms commonly included in the science of zoology and generally distinguished from plants by possession of a nervous system and the ability to move from place to place, including all invertebrates such as sponges and mollusks as well as vertebrates such as fishes, amphibians, reptiles, birds, and mammals. (Section 2 of the Illinois Endangered Species Protection Act) (the Act) [520 ILCS 10/2]

Animal Product – the fur, hide, skin, teeth, feathers, tusks, claws, eggs, nests or the body or any portion thereof whether in a green or raw state or as a product manufactured or refined from an animal protected under the Illinois Endangered Species Protection Act (Section 2 of the Act) or under this Part.

Board – the Illinois Endangered Species Protection Board. (Section 2 of the Act)

Department – the Illinois Department of Natural Resources. (Section 2 of the Act)

Director – the Director of the Illinois Department of Natural Resources. (Section 2 of the Act)

Endangered Species – any species of plant or animal classified as endangered under the Federal Endangered Species Act of 1973 (P.L. 93-205, effective December 28, 1973) and amendments thereto, plus such other species which the Board may list as in danger of extinction in the wild in Illinois due to one or more causes including but not limited to, the destruction, diminution or disturbance of habitat, overexploitation, predation, pollution, disease, or other natural or manmade factors affecting its prospects of survival, but not including nursery plant stock obtained from a non-wild source, nor pre-act or legally obtained birds of prey held by licensed falconers. (Section 2 of the Act)

Federal Endangered Plant – A plant appearing on the Federal Endangered Species List.

Illinois List – those species of animals and plants listed by the Board as endangered or threatened. (Section 2 of the Act)

Person – any individual, firm, corporation, partnership, trust, association, private entity, government agency, or their agents, and representatives. (Section 2 of the Act)

Plant – any organism not considered to be an animal, including such organisms as algae, fungi, bryophytes, and ferns, as well as flowering plants and conifers. (Section 2 of the Act)

Plant Product – any plant body or part thereof removed from natural habitat, including seeds, fruits, roots, stems, flowers, leaves, or products made from any of these, including extracts and powders. (Section 2 of the Act)

Program Manager – the supervisor of the Endangered and Threatened Species Conservation Program in the Department.

Scrap – to dispose of a specimen or product of an endangered or threatened species in a manner which permanently removes that specimen or product from the possession of the permit holder and renders the specimen or product unsuitable for possession by any other person. This shall include, but not be limited to euthanasia, burning, or burial.

Specimen – a live individual of any animal or plant species.

Take – in reference to animals and animal products, to harm, hunt, shoot, pursue, lure, wound, kill, destroy, harass, gig, spear, ensnare, trap, capture, collect, or to attempt to engage in such conduct. In reference to plants and plant products, to collect, pick, cut, dig up, kill, destroy, bury, crush, or harm in any way.

Threatened Species – any species of plant or animal classified as threatened under the Federal Endangered Species Act of 1973 (P.L. 93-205, effective December 28, 1973) and amendments thereto, plus such other species which the Board may list as likely to become endangered in Illinois within the foreseeable future. (Section 2 of the Act)

History

• Source: Amended at 27 Ill. Reg. 10040, effective June 23, 2003

17 Ill. Adm. Code 1070.20 Permit Requirements

a) It shall be unlawful for any person to take, possess, transport, purchase, or dispose of specimens or products of an endangered or threatened animal or federal endangered plant after the date of listing unless a valid permit for such activity has been issued pursuant to this Part or as otherwise provided for in this Section or 17 Ill. Adm. Code 1590 (Falconry and the Captive Propagation of Raptors) or [515 ILCS 5/20-85]; [520 ILCS 5/3.11, 3.12, 3.15, 3.16, 3.18 and 3.21].

b) Any person having a current, valid permit issued by the U.S. Fish and Wildlife Service pursuant to the Federal Endangered Species Act of 1973 (P.L. 93-205, effective December 28, 1973) or an Exhibitor Permit issued by the U.S. Department of Agriculture for the taking, possession, transportation, purchase, or disposal of species designated as endangered or threatened by the Secretary of the Interior of the United States and not known to occur within the State of Illinois, shall be considered to have met the requirements for issuance of a permit pursuant to this Part and shall be issued a permit upon request.

c) Notwithstanding subsection (a), any person may possess or transport a species on the Illinois list within Illinois for purposes such as circuses, theatrical acts, carnivals, or displays, provided that the listed species is held under a current, valid permit for such purposes issued by the U.S. Fish and Wildlife Service pursuant to the Federal Endangered Species Act of 1973 (P.L. 93-205, effective December 28, 1973) or an Exhibitor Permit issued by the U.S. Department of Agriculture or the appropriate authorities of a state other than Illinois, for a period not to exceed 30 days in any calendar year.

d) Notwithstanding subsection (a), any employee or agent of the Department or the Board or the U.S. Fish and Wildlife Service who is designated by that agency for such purposes, shall be authorized, when acting in the course of his official duties, to take endangered or threatened animals without a permit if such action is necessary to aid a sick, injured or orphaned specimen; or dispose of a dead specimen; or salvage a dead specimen which may be useful for scientific study or educational purposes.

e) Any taking pursuant to subsection (d) must be reported in writing to the Program Manager within 10 working days.

f) It shall be unlawful for any person to possess, purchase, or dispose of specimens or products of an endangered or threatened animal or federal endangered plant which was in the possession of that person prior to May 1, 1973, or acquired legally out-of-state unless a valid limited permit for such activity has been issued pursuant to this Part, which permit shall be issued upon proof of pre-Act or legal acquisition.

g) It shall be unlawful for any person to propagate or attempt to propagate any endangered or threatened animal or federal endangered plant unless a valid permit specifically allowing such activity has been issued pursuant to this Part.

h) It shall be unlawful for any person to perform taxidermic services upon any product of an endangered or threatened species except as allowed by this Part.

i) It shall be unlawful for any person to possess an endangered or threatened animal for purposes of veterinary rehabilitation for a period exceeding 90 days unless a valid permit for such activity has been issued pursuant to this Part. Only persons holding a rehabilitation permit issued by the Department shall possess endangered or threatened animals for such purposes. All rehabilitators are required to notify the Program Manager within 10 working days of the receipt of any endangered or threatened animals. Release of rehabilitated animals shall be only at the location at which the animal was collected or at another location approved by the Department.

j) Permits issued under this Part or valid copies thereof must be in the possession of the holder or his agent when engaged in activities involving endangered or threatened animals or federal endangered plants and presented upon demand to any authorized officer or agent of the Department or any police officer of the State of Illinois or of any unit of local government within the State of Illinois.

k) No person shall transfer a permit issued pursuant to this Part to another person.

l) Except as otherwise stated on the face of a permit, any person who is under the direct control of the permittee, or who is employed by or under contract to the permittee for the purposes authorized by the permit, may carry out the activity authorized by the permit.

m) The authorizations on the face of a permit which allow specific activities (e.g., taking, possession, disposal), specify numbers or quantities of specimens or products, or otherwise permit a specifically limited matter, are to be strictly construed and shall not be interpreted to permit similar or related matters outside the scope of strict construction.

n) A permittee who furnishes his permit to the Director for endorsement or correction in compliance with this Part may continue those activities authorized by the permit pending its return.

o) All correspondence regarding permits issued pursuant to this Section shall be addressed to:

Endangered Species Program Manager

Resource Protection and Stewardship

Illinois Department of Natural Resources

One Natural Resources Way

Springfield IL 62702-1271

History

• Source: Amended at 27 Ill. Reg. 10040, effective June 23, 2003

17 Ill. Adm. Code 1070.30 Permit Provisions

To take, possess, transport, purchase, or dispose of specimens or products of endangered or threatened animals or federal endangered plants after the date of listing, an applicant must provide a scientific, educational, or zoological/botanical justification to keep such animals, animal products, plants, or plant products.

a) Scientific Purpose – Persons planning to conduct research involving endangered or threatened animals or federal endangered plants must apply for a permit for scientific purposes.

1. In addition to completing a permit application form provided by the Department, the applicant for a scientific permit must submit:

A) an outline of the proposed research, including the scientific justification for such research, methods to be used, needs for the use of an endangered or threatened species, and a statement as to how the proposed research will enhance the survival and well-being of the species involved;

B) a description, including photographs, of the facilities intended for use in holding the endangered or threatened species; and

C) a statement of the qualifications of the applicant to conduct the proposed research, including educational history, experience in similar research, and a list of pertinent publications and professional activities.

2. Scientific purposes include, but may not be limited to:

A) study of biology, physiology, or behavior of the affected species; and

B) banding or otherwise marking these species including eggs, seeds, dens, nests, or progeny.

3. A permit for scientific purposes will be approved if the research proposal meets the following criteria:

A) the applicant's credentials indicate training and experience which will assure that the applicant has the ability to conduct the proposed research.

B) the proposed research cannot be conducted using a non-listed species;

C) the proposed research can be expected to yield results which will enhance the survival and welfare of wild populations of the species involved; and

D) the facilities to be used to house endangered or threatened species are shown to meet the standards defined in Sections 1070.60 or 1070.70 of this Part.

b) Educational Purposes – Persons wishing to utilize specimens or products of endangered or threatened animals or federal endangered plants in an educational program must apply for a permit for educational purposes. Permits for educational purposes will be issued only to institutions (e.g., schools, museums, zoos) or to individuals employed and/or sponsored by such an institution.

1. In addition to completing a permit application form provided by the Department, the applicant for an educational permit must submit:

A) an outline of the educational program to be presented. Every educational program shall include information on the endangered or threatened status of the specimens being displayed and an explanation of the legal acquisition of the specimens;

B) a list of all similar programs conducted by the applicant during the two years preceding the application for an educational permit, including estimates of the number of persons attending each presentation;

C) a statement as to how the possession of the specimens or products of endangered or threatened animals or federal endangered plants by the applicant will enhance the welfare of the species involved;

D) a description, including photographs, of the facilities intended for use in holding the endangered or threatened species; and

E) a verified statement that any specimens to be used in the educational program will be obtained legally.

2. A permit for educational purposes will be issued if the proposed educational program meets the following criteria:

A) the credentials of the applicant indicate training and experience which will assure that the applicant has the ability to conduct the proposed program;

B) the program promotes the survival of the endangered or threatened species and its natural habitat;

C) the program promotes understanding of the ecological needs of natural populations of the species;

D) the program promotes understanding of the role of the endangered or threatened species in its natural environment; and

E) the facilities to be used to house endangered or threatened species are shown to meet the standards defined in Section 1070.60 or 1070.70 of this Part.

c) Zoological/Botanical Purpose – Persons wishing to display specimens or products of endangered or threatened animals or federal endangered plants in a zoological/botanical program (e.g., zoological parks, aquaria, arboreta) must apply for a permit for zoological/botanical purposes. If specimens to be held under a permit for zoological/botanical purposes are to be available for public viewing, the public display shall include a notice which describes the endangered or threatened status of the species and explains the means of legal acquisition of the specimens. Such notice shall be posted prominently in a location easily visible to all visitors.

1. In addition to completing a permit application form provided by the Department, the applicant for a zoological/botanical permit must submit:

A) a photostatic copy of an Exhibitor Permit issued by the U.S. Department of Agriculture;

B) an outline of all proposed programs that would utilize specimens or products of endangered or threatened species;

C) a statement of the training and experience of those persons to be responsible for the care of the endangered or threatened species;

D) a statement as to how the possession of the specimens or products of endangered or threatened animals or federal endangered plants by the applicant will enhance the welfare of the species involved;

E) a description, including photographs, of the facilities intended for use in holding the endangered or threatened species; and

F) a verified statement that any specimens to be used in a zoological/botanical program will be legally obtained.

2. A permit for zoological/botanical purposes will be issued if the proposed zoological/botanical program meets the following criteria:

A) the credentials of the applicant indicate training and experience which will assure that the applicant has the ability to conduct the proposed program;

B) the program promotes the survival of the endangered or threatened species and its natural habitat;

C) the program promotes understanding of the ecological needs of natural populations of the species;

D) the program promotes understanding of the role of the endangered or threatened species in its natural environment; and

E) the facilities to be used to house endangered or threatened species are shown to meet the standards defined in Section 1070.60 or 1070.70 of this Part.

d) Permit for Propagation of Endangered or Threatened Species – Persons wishing to propagate or attempt to propagate any endangered or threatened species of animal or federal endangered plant must apply for a permit for such purposes. Propagation permits may be issued as an addendum to permits for scientific or zoological/botanical purposes. A permit for educational purposes shall not include permission to propagate or attempt to propagate endangered or threatened species. A permit issued pursuant to 17 Ill. Adm. Code 1590 (Falconry and the Captive Propagation of Raptors) for the propagation of raptors shall be deemed to meet the requirement of this Part.

1. In addition to the materials submitted as application for a scientific or zoological/botanical permit, the applicant for a propagation permit must submit:

A) a statement as to how the propagation of endangered or threatened animals or federal endangered plants by the applicant will enhance the welfare of the species;

B) a statement describing the disposition of any successfully propagated individuals. Release of such individuals into natural populations or attempts to reintroduce a species into an area where it is known or believed to have formerly occurred will be allowed only with the express written consent of the Director, pursuant to Sections 2.2 and 2.3 of the Wildlife Code [520 ILCS 5/2.2 and 2.3]; and

C) a statement as to how the propagation of the endangered or threatened species is necessary for the success of the scientific or zoological/botanical project.

2. A permit for the propagation or attempted propagation of endangered or threatened animals or federal endangered plants will be issued if the proposed propagation project meets the following criteria:

A) propagation of the species will enhance the survival and welfare of the species through supplementation of natural populations or by adding significantly to the knowledge of the species in its natural environment; and

B) propagation is essential to the completion of the objectives stated in the application for a permit for scientific or zoological/botanical purposes.

e) The holder of a permit may allow temporary possession of animal products covered by that permit by a licensed taxidermist for the purpose of providing taxidermic services (e.g. mounting, cleaning, tanning). A copy of the permit or a signed statement by the permit holder attesting to the existence of such a permit must accompany the products while in the possession of the taxidermist. Taxidermic services shall be provided only by persons licensed as taxidermists by the Department pursuant to Section 5-15 of the Fish Code [515 ILCS 5/5-15] and Section 3.21 of the Wildlife Code [520 ILCS 5/3.21] or by appropriate authorities of another state.

f) The holder of a permit may dispose of specimens or products covered by that permit through transfer or scrapping only after a permit for disposal has been applied for and received from the Department. The application for a transfer permit shall include the name and address of the intended recipient of the specimens or product. Transfer will be allowed only after the intended recipient has applied for and received the necessary permit for possession.

History

• Source: Amended at 27 Ill. Reg. 10040, effective June 23, 2003

17 Ill. Adm. Code 1070.40 Limited Permit Provisions

a) To possess, purchase, or dispose of specimens or products of endangered or threatened animals or federal endangered plants, the applicant must demonstrate that the specimen or product was acquired prior to May 1, 1973, or otherwise legally acquired.

b) To demonstrate that specimens or products of endangered or threatened animals or federal endangered plants were acquired prior to May 1, 1973, or otherwise legally acquired, the applicant must provide a statement of purchase or a notarized statement explaining the circumstances of the acquisition of the specimens or products.

c) The holder of a limited permit may allow temporary (up to ninety (90) days) possession of specimens covered by the limited permit by another person only with the knowledge and written consent of the Director which shall be given if the other person meets the criteria of this Section. A copy of the limited permit must accompany the specimen(s) while in the temporary possession of a person other than the person to whom the limited permit was issued, except that a falconer holding an endangered raptor must meet the requirements of 17 Ill. Adm. Code 1590.100(e)(2).

d) The holder of a limited permit may allow temporary (up to one hundred eighty (180) days) possession of products covered by the limited permit by another person. A copy of the limited permit or a statement identifying the existence of the permit must accompany the product(s) while in the possession of a person other than the person to whom the limited permit was issued.

e) The holder of a limited permit may dispose of specimen(s) covered by the limited permit only with written consent of the Director which shall be given if the disposal meets the requirements of this Part. The permittee must inform the Department in advance of plans for disposal of the specimen(s). If specimen(s) are to be scrapped, the permit holder must provide full details of the reasons for scrapping and the methods to be used to the Director. In the case of a transfer, the name and mailing address of the intended recipient must be provided to the Department. The intended recipient will be provided with an application for a limited permit. Upon approval of that application, transfer of the specimens will be allowed.

f) The holder of a limited permit may dispose of product(s) covered by the permit through sale, gift, or scrapping. Disposition by sale or gift must be reported to the Department prior to the transfer. Upon receipt of the name and mailing address of the intended recipient, the Department will provide the intended recipient with an application form for a limited permit. Upon approval of that application, the transfer will be allowed. Disposition of products by scrapping may occur without prior approval of the Director. When product(s) are scrapped, the limited permit allowing possession of said product(s) must be returned to the Department for modification and reissuance or for cancellation if the permittee has disposed of all covered items.

g) The holder of a limited permit may allow temporary possession of the items covered by that permit by a licensed taxidermist for the purpose of providing taxidermic services (e.g. mounting, cleaning, tanning). A copy of the limited permit or a signed statement by the permit holder attesting to the existence of the permit must accompany the products while in possession of the taxidermist. Taxidermic services shall be provided only by persons licensed as taxidermists by the Department (see Section 1070.30(e)) or by the appropriate authorities in another state.

17 Ill. Adm. Code 1070.50 Reporting Requirements

a) Holders of permits of all types and limited permits for the possession of specimens of endangered or threatened animals or federal endangered plants must submit a report by January 31 of each year on forms provided by the Department which summarizes activities conducted under the permit during the preceding calendar year.

b) Holders of permits for scientific purposes must provide the Department with two copies of any reports, technical papers, or technical notes that result from studies conducted under the auspices of the permit.

c) A permit holder shall notify the Department of any change in his name or address or any change in his operations which would affect his status as a research facility, educator, or zoological/botanical facility within ten (10) days after making such a change.

d) Any reduction of inventory of specimens covered by a permit through escape, theft, death, or other unanticipated events shall be reported to the Department within five (5) working days of the discovery of the loss.

e) Recovery of such specimens reported in subsection (d) shall be reported to the Department within 5 working days of the recovery.

17 Ill. Adm. Code 1070.60 Facilities and Welfare Standards (animal)

a) A copy of applicable facilities and animal welfare standards (see subsection (c)) will be supplied with each application form, and the applicant's signature on the application form shall be acknowledgement of the receipt of the standards and an agreement to comply with the standards.

b) Each applicant or permit holder must demonstrate that his premises and any facilities or equipment used in his operation comply with the standards set forth in this Section. If necessary to assure adequacy of facilities upon application or upon receipt of a complaint, the Program Manager or the Director shall request the applicant or permit holder to make his premises, facilities, and equipment available at a time or times mutually agreeable to said applicant or permit holder and the Department's representative for the purpose of ascertaining compliance with said standards. If the applicant's or permit holder's premises, facilities, or equipment do not meet the requirements of the standards, the applicant or permit holder will be advised of existing deficiencies and the corrective measures that must be taken and completed to bring such premises, facilities, and equipment into compliance with the standards. Permit holders will be given a deadline by which prescribed corrective measures must be completed.

c) Construction and maintenance of facilities and animal welfare practices must meet the standards defined in the Federal Animal Welfare Act (9 CFR 3.125 through 3.142, July 22, 1979, no further additions or amendments are included).

History

• Source: Amended at 27 Ill. Reg. 10040, effective June 23, 2003

17 Ill. Adm. Code 1070.70 Facilities Standards (plant)

a) A copy of applicable facilities standards will be supplied with each application form, and the applicant's signature on the application form shall be an acknowledgement of the receipt of the standards and an agreement to comply with the standards.

b) Each applicant or permit holder must demonstrate that his premises and any facilities or equipment used in his operation comply with the standards set forth in this Section. If necessary to assure adequacy of facilities upon application or upon receipt of complaint, the Program Manager or the Director shall request the applicant or permit holder to make his premises, facilities, and equipment available at a time or times mutually agreeable to said applicant or permit holder and the Department's representative for the purpose of ascertaining compliance with said standards. If the applicant's or permit holder's premises, facilities, or equipment do not meet the requirements of the standards, the applicant or permit holder will be advised of existing deficiences and the corrective measures that must be taken and completed to bring such premises, facilities, and equipment into compliance with the standards. Permit holders will be given a deadline by which prescribed corrective measures must be completed.

c) The facility must be constructed of such materials and must be of such strength and of such dimensions as appropriate for the intended purposes. Facilities shall be structurally sound and maintained in good repair to protect the plants from damage by unauthorized persons or other causes.

d) Electric power, if required to comply with other provisions of this Section, shall be available on the premises.

e) Temperature in indoor facilities shall be regulated by heating or cooling to assure simulation of conditions in the plant's natural environment.

f) Indoor facilities shall have lighting, by natural or artificial means or both, of quality, intensity, color, temperature, distribution, and duration as appropriate for the species involved.

g) Outdoor facilities shall be sited and constructed to simulate the natural environment of the plant with regard to soil type, moisture, temperature, lighting and all other factors necessary for survival and growth.

History

• Source: Amended at 14 Ill. Reg. 18264, effective October 29, 1990

17 Ill. Adm. Code 1070.80 Revocation

a) Permits, limited permits, and permits for propagation shall be revoked by the Department for the following reasons:

1. The Department finds that the permit holder has obtained the permit on the basis of false information or is not complying with the terms or conditions of the permit.

2. Reports outlined in Section 1070.50 are not submitted by the stated deadline, are incomplete, or contain false information; provided, however, that prior to such revocation the permittee shall be given notice and opportunity to comply with the reporting requirements. Failure to comply with the reporting requirements within sixty (60) days from the receipt of such notice shall result in revocation of the permit.

3. Failure to comply with any facilities standards or animal welfare standards established by this Part; provided, however, that prior to such revocation the permittee shall be given notice and opportunity to comply with those standards. Failure to comply with facility or animal welfare standards within sixty (60) days from receipt of such notice shall result in revocation of the permit.

4. Violation of State or Federal laws.

b) Any person whose permit has been revoked shall not be eligible to apply for a new permit in his own name or in any other name for a period of one (1) year from the effective date of the revocation.

c) Any person who has been or is an officer, agent or employee of a permittee whose permit has been revoked and who was responsible for or participated in the violation upon which the revocation was based shall not receive a permit within the period during which the revocation is in effect.

d) The procedure by which revocations are made, the rights of permittees to notice and hearing, and the procedures governing such hearing are set forth in 17 Ill. Adm. Code 2530.

e) Any person who has been charged with a violation of any provision of the Illinois Endangered Species Protection Act shall not be eligible to receive a permit pursuant to this Part in his own name or in any other name until such time that such charges have been resolved.

f) Any person who has been convicted of a violation of any provision of the Illinois Endangered Species Protection Act shall not be eligible to apply for a permit pursuant to this Part in his own name or in any other name for a period of up to five (5) years from the date of the conviction.

History

• Source: Amended at 18 Ill. Reg. 5838, effective April 5, 1994

Part 1075 Consultation Procedures for Assessing Impacts of Agency Actions on Endangered and Threatened Species and Natural Areas

17 Ill. Adm. Code 1075.10 Purpose

The purpose of this Part is:

a) To establish a consultation process between the Department and agencies of State and local governments of Illinois concerning impacts on State endangered and threatened species and Natural Areas by actions authorized, funded, or carried out by those agencies which are authorized by Section 11(b) of the Illinois Endangered Species Protection Act (Ill. Rev. Stat. 1991, ch. 8, par. 341) [520 ILCS 10/11] and Section 17 of the Illinois Natural Areas Preservation Act [525 ILCS 30/17].

b) To provide a consultation procedure designed to assist agencies of State and local governments in the evaluation of proposed actions for the purpose of addressing the adverse impacts to endangered or threatened flora or fauna as listed by the Illinois Endangered Species Protection Board, or to the essential habitat of such species or to Natural Areas.

c) To promote the conservation of threatened and endangered species and Natural Areas by establishing the following policy: the avoidance of adverse impacts is a priority of action; when avoidance is not practicable, adverse impacts should be minimized; and when practicable alternatives do not exist and an adverse impact is likely to occur, compensation shall be requested.

d) This Part provides details for the following:

1. actions requiring review and those exempted;

2. filing of the Agency Action Report;

3. filing of the Detailed Action Report;

4. preparation of the biological opinion;

5. emergencies;

6. public involvement opportunities; and

7. alternative action guidelines.

History

• Source: Amended at 19 Ill. Reg. 594, effective January 9, 1995

17 Ill. Adm. Code 1075.20 Definitions

The following terms will be used throughout this Part:

"Act" – the Illinois Endangered Species Protection Act [520 ILCS 10].

"Action" – construction, land management or other activities that are authorized, funded or performed in whole or in part by agencies of State and local governments and that will result in a change to the existing environmental conditions or may affect listed endangered or threatened species or their essential habitat or natural areas.

"Adverse Impact" – a direct or indirect alteration of the physical or biological features of the air, land or water that may affect the survival, reproduction or recovery of a listed species or that may diminish the viability of a natural area.

"Agency" – all State agencies and units of local government and their political subdivisions, agencies, boards, committees and commissions.

"Agency Action Report" – a report submitted to the Department by agencies proposing actions requiring consultation. The information required to be submitted shall be sufficient to determine the presence or absence of a threatened or endangered species or natural area in the vicinity of the proposed action.

"Applicant" – the agency or third party consulting with the Department. A third-party applicant is a non-governmental party consulting with the Department on behalf of an agency because the third-party is seeking financial support, funding, authorization or other approval from the agency.

"Authorized" or "Authorization" – any permitting, licensing, zoning or other administrative approval provided by an agency.

"Biological Opinion" – the component of the Detailed Action Report prepared by the Department, when a valid record of an occurrence for a threatened or endangered species or natural area exists within the vicinity of a proposed action. This opinion will conclude whether the action will jeopardize the listed species present, destroy or adversely modify their essential habitat, or adversely modify a natural area.

"Carried Out" – conducted by, or on behalf of, an agency or its agents through contract, agreement or other legal arrangement.

"Conservation" – utilization of all methods and procedures necessary to bring any endangered or threatened species to the point at which the protection provided by the Act are no longer necessary. These methods and procedures include, but are not limited to, all activities associated with scientific resources management, such as research, census, habitat acquisition, habitat management restoration, and maintenance and propagation.

"Consultation" – process of review of actions of governmental and third party actions pursuant to Section 11(b) of the Act and Section 17 of the Natural Areas Act.

"Cumulative Effects" – direct and indirect effects of a proposed action, together with the identifiable effects of actions that are interrelated or interdependent with the action. Indirect effects are those that are caused by the action but are later in time or farther in distance. Interrelated actions are those that are a part of a larger action. Interdependent actions are those that have independent utility apart from the action.

"Department" – means the Department of Natural Resources.

"Detailed Action Report" – a written report that is prepared by an agency when a threatened or endangered species or natural area has been identified within the vicinity of a proposed action. This report shall contain sufficient information to make a judgement regarding the potential adverse impacts to a listed species or its essential habitat or a natural area.

"EcoCAT" – the Department's on-line consultation application process.

"Essential Habitat" – the physical and biological environment that is required to maintain viable populations of a listed species in order to ensure the survival and recovery of that species.

"Funded" – receipt of any grant, loan, loan guarantee, bond or other public financing provided by an agency.

"Jeopardize" – to engage in an action that would reduce the likelihood of the survival or recovery of a listed species or would result in the destruction or adverse modification of the essential habitat of such a species or would result in the destruction or adverse modification of a natural area.

"Listed Species" – any species of plant or animal that has been listed as endangered or threatened by the Illinois Endangered Species Protection Board or the U.S. Fish and Wildlife Service.

"Natural Area" – any area of land in public or private ownership that is registered under the Natural Areas Act or is identified in the Illinois Natural Areas Inventory.

"Natural Areas Act – Illinois Natural Areas Preservation Act [525 ILCS 30].

"Vicinity" – the area surrounding the action, as determined by the life history requirements of the species of concern or proximity to a natural area.

History

• Source: Amended at 37 Ill. Reg. 11359, effective July 5, 2013

17 Ill. Adm. Code 1075.30 Actions Reviewed and Exempted

a) Actions Requiring Review for Consultation – Any construction, land management or other activity authorized, funded or performed by a State agency or local unit of government that will result in a change to the existing environmental conditions and/or may have a cumulative, direct or indirect adverse impact on a listed species or its essential habitat or that otherwise jeopardizes the survival of that species and/or may have a cumulative, direct or indirect adverse impact on a Natural Area shall be evaluated through the consultation process. This includes but is not limited to the following:

1. the alteration, removal, excavation or plowing of non-farmed, non-cultivated areas, or dredging of soil, sand, gravel, minerals, organic matter, vegetation, or naturally occurring materials of any kind;

2. the changing of existing drainage characteristics or sedimentation patterns;

3. the grading or removal of materials that would alter existing topography;

4. the creation of new, or the increase in existing permanent barriers to the movement of wildlife, such as dam construction;

5. a discharge of pollutants into the air, water, or on the land;

6. the application of chemicals to the air, water, or on the land;

7. preliminary plats, plans and permits; and

8. an application for rezoning from a non-urban classification to an urban classification (e.g. from agricultural to residential) or a change from one urban classification to another on land not used in its entirety for the original classification.

b) Actions Not Requiring Review – Actions authorized, funded or performed by State agencies or local units of government not resulting in a land-disturbing activity or not directly or indirectly affecting an endangered or threatened species or a Natural Area are not required to be evaluated by the consultation process. Such actions shall involve activities not listed in Section 1075.30(a) (e.g. acquisition of equipment or rehabilitation of an existing structure).

c) Actions Exempted – The following actions are exempt from the consultation process unless it is evident that there will be an adverse impact to a listed species or its essential habitat or to a Natural Area:

1. mowing within maintained highway rights-of-way;

2. routine resurfacing and application of oil and gravel to existing roads and highways that do not require widening of the road or shoulder;

3. construction activities required for the maintenance or repair of existing structures;

4. actions in those areas with a Department-approved management plan, where the proposed actions are consistent with the Plan and are undertaken to maintain or improve natural ecosystem conditions or to re-establish pre-settlement vegetation conditions. This includes such actions as prescribed burns, spot application of herbicides, brush clearing and other appropriate natural resource management activities. Where a listed species is known to be present, management for its survival and recovery shall be a priority;

5. actions within highway rights-of-way, unless specifically notified by the Department, that adjoin land used for agricultural or urban purposes, except those portions of the right-of-way adjacent to borrow pits, railroads, streams, wetlands, lakes, or other natural areas and open space;

6. maintenance of existing lawns, yards and ornamental plantings;

7. annual, routine cultivation of existing agricultural lands; and

8. change of zoning requests for land currently zoned, developed, and used in its entirety for commercial, industrial or residential purposes.

d) Memorandums of Understanding – the Department may enter into an agreement with an agency, referred to as a Memorandum of Understanding (MOU) which allows the development of an expedited review process, the review of comprehensive plans and natural resource ordinances, or exempts from the consultation process those actions commonly performed by that agency and that have no adverse impact to a listed species or its essential habitat or a Natural Area.

1. The Memorandum of Understanding shall expire in 1 to 3 years, based on the type of activity or the frequency with which it is performed. At the time of renewal, the agency shall submit a report evaluating the following:

A) whether the actions exempted avoided, minimized or created an adverse impact to a listed species and its essential habitat or a Natural Area; and

B) if the technology of the exempted action has changed to such an extent that the action should no longer be exempted.

2. The Memorandum of Understanding shall be available for review from the Department upon request.

e) If more than two years elapses between the review and approval of the proposed action and implementation, the Department shall have an opportunity to review the Agency Action Report again to determine whether a listed species or Natural Area is present.

f) Compliance with this Part does not relieve the agency from applicable state or federal laws or regulations.

History

• Source: Amended at 19 Ill. Reg. 594, effective January 9, 1995

17 Ill. Adm. Code 1075.40 Consultation Process

As authorized by Section 11(a) of the Illinois Endangered Species Protection Act (Ill. Rev. Stat. 1991, ch. 8, par. 341) [520 ILCS 10/11] and by Section 17 of the Illinois Natural Areas Preservation Act [525 ILCS 30/17], state and local units of government shall evaluate, through a consultation process with the Department, whether actions authorized, funded, or carried out by them, as defined in Section 1075.30, are likely to jeopardize the continued existence or recovery of Illinois listed endangered or threatened species or are likely to result in the destruction or adverse modification of the essential habitat of such species or are likely to result in the adverse modification of a Natural Area. The proposed action shall not commence until the completion of the consultation process. This consultation process shall consist of the following:

a) After identifying a specific action included in Section 1075.30, an agency shall complete and submit the Agency Action Report to the Department. This shall be submitted as early in the planning process as may be practicable and prior to approval of preliminary plat, design, permit, plan, or project approval. The purpose of this report is to identify the specific location of the project in order to determine if a listed species or Natural Area is located within the vicinity of the proposed action. The Agency Action Report shall include but not be limited to the following:

1. name and address of agency proposing the action;

2. the responsible person within that agency;

3. the precise location of the proposed action in sufficient detail to determine the presence or absence of a listed species or Natural Area;

4. a brief description of the proposed action; and

5. the starting and ending dates of the proposed action.

b) The Department shall review the Agency Action Report and determine whether a valid record of occurrence for a listed species or a Natural Area exists within the vicinity of the proposed action. The agency shall receive one of two responses from the Department within 30 calendar days of receipt of the Agency Action Report:

1. If no listed species or their essential habitat or Natural Areas have been identified in the vicinity of the proposed action, a letter will be sent indicating that further consultation is not necessary.

2. If a listed species or a Natural Area is identified within the vicinity of the project, the agency will be sent a letter explaining the continuation of the consultation process and a Detailed Action Report.

c) The agency shall complete the Detailed Action Report, and submit it to the Department. Sufficient information must be provided about the proposed action to determine the potential indirect, direct and cumulative adverse impacts to the listed species present or its essential habitat or to the Natural Area. The Detailed Action Report shall include, but is not limited to the following components:

1. name and address of agency proposing the action;

2. responsible person within the agency;

3. a detailed map indicating the precise location of the proposed action;

4. a detailed description of the proposed action, including any direct or indirect alteration or destruction of the vegetation, changes anticipated to air or water quality, alteration of the topography, or any other detail that might jeopardize the listed species or its essential habitat or cause adverse modification of the Natural Area;

5. starting and ending dates of the proposed project; and

6. discussion of alternatives which were considered.

d) Upon completing the portion of the Detailed Action Report involving the proposed project, the agency shall provide background information on the listed species or Natural Area present. The direct and indirect effects of the proposed action on the listed species and its essential habitat or on the Natural Area including cumulative effects shall be analyzed by the agency. The Department shall assist units of local government, upon request, if the unit of local government does not have the expertise to provide the required data and does not have the resources to provide outside experts.

e) Upon completion, the agency shall submit the Detailed Action Report to the Department for the formulation of a biological opinion as to whether the proposed action, taken with its cumulative effects, will jeopardize the listed species present or have an adverse impact on its essential habitat or cause adverse modification of the Natural Area. The biological opinion shall be completed within 60 calendar days of receipt of a completed Detailed Action Report. The biological opinion shall result in one of the following conclusions:

1. the action may promote the conservation of a listed species or its essential habitat or enhance the protection of the Natural Area, in which case the consultation process is terminated;

2. the action is not likely to jeopardize a listed species or its essential habitat or cause adverse modification of the Natural Area, in which case the consultation process is terminated; or

3. the proposed action is likely to jeopardize a listed species or its essential habitat or cause adverse modification of the Natural Area, in which case the consultation process shall continue.

f) If the biological opinion concludes that the proposed action is likely to have an adverse impact, recommendations to avoid these impacts shall be provided to the agency by the Department.

g) A meeting shall be scheduled with representatives of the agency and the Department to discuss practicable alternatives to the proposed action that would avoid, minimize, or compensate for the impacts.

h) After the consultation meetings have taken place to discuss practicable alternatives, the agency shall notify the Department in writing, stating its decision to proceed, modify, or forgo the action, and which, if any, of the alternatives included in the Detailed Action Report it is adopting.

i) If the Department disagrees with the agency's decision, it shall notify the agency in writing within 10 days.

j) It is desirable that disagreements which arise over an agency's response or procedural questions be resolved quickly and at the lowest possible level of agency involvement. For most actions, areas of disagreement should be resolved by middle and upper level management of the Department and agency involved. However, where there is failure to reach agreement, it may be necessary to refer the matter to the agency head for resolution.

History

• Source: Amended at 19 Ill. Reg. 594, effective January 9, 1995

17 Ill. Adm. Code 1075.50 Special Circumstances

a) When a particular action involves more than one agency, these agencies may, upon notification to the Department, fulfill their consultation requirements through a single lead agency. Factors relevant in determining appropriate lead agency include the time sequence in which agencies would become involved in the action, the magnitude of their respective involvement, and their relative expertise with respect to the environmental effects of the action.

b) In the case of complex actions, where the Department and the agency determine that additional information is needed concerning the listed species or Natural Area and/or the action, the period for the agency to prepare the Detailed Action Report, and the Department to formulate the biological opinion, may be extended by mutual agreement. During this extension, an agency shall make no irreversible or irretrievable commitments of resources that would foreclose implementation of any reasonable and prudent alternative prior to issuance of a biological opinion.

c) The consultation process shall be modified for the review of rezoning applications (See Section 1075.30(a)(8)):

1. The Agency Action Report shall be submitted for review as required in Section 1075.40(a).

2. If no listed species or Natural Area is known to be present, a letter of notification of the termination of the consultation process shall be sent within thirty days.

3. If a listed species or Natural Area is identified, the information shall be provided for consideration in the decision to grant the request for rezoning. This information shall be made a matter of public record.

4. The consultation process will not proceed until development of that parcel is under consideration. At that time, the agency shall submit to the Department a Detailed Action Report and continue the consultation process as defined in Section 1075.40(c) through (j).

d) The consultation process shall be initiated or a terminated consultation process shall be reopened by the Department or the agency if:

1. New information reveals effects of the identified action that may adversely affect a listed species or its essential habitat or a Natural Area in a manner not previously considered; or

2. The proposed action is subsequently modified such that it may adversely affect a listed species or its essential habitat or a Natural Area in a manner which was not considered in the consultation process; or

3. Additional listed species or their essential habitat or Natural Areas are identified within the vicinity of the action.

History

• Source: Amended at 19 Ill. Reg. 594, effective January 9, 1995

17 Ill. Adm. Code 1075.60 Emergencies

Two types of emergency conditions may exist that require special treatment:

a) Where emergency circumstances pose an immediate threat to human life, or severe loss of property is imminent from situations involving acts of God, disasters, casualties, or national defense or security emergencies, and action must be taken immediately, the agency can proceed without notifying the Department prior to taking action. The consultation process shall be initiated as soon as practicable after the emergency is under control, but not to exceed 30 calendar days. The agency shall submit a Detailed Action Report, which shall include information on the nature of the emergency actions, the justification for requiring immediate action, and any adverse impacts to a listed species or its essential habitat or a Natural Area that may have resulted. The Department shall evaluate such information and issue a biological opinion, including the information and recommendations given during the emergency consultation.

b) Where emergency circumstances pose a threat to human life or loss of property and the action must commence within 30 days, the agency may request permission to commence the action without undergoing the consultation process prior to the action. The agency shall contact the Department prior to commencing the action and explain the nature of the problem. The Department shall determine whether a listed species or Natural Area is present within the vicinity of the action and notify the agency in writing. One of two courses of action shall then be taken:

1. if no listed species or their essential habitats or Natural Areas are present, the action may commence and the consultation process is terminated; or

2. if a listed species or its essential habitat or a Natural Area is present within the vicinity of the project, alternatives shall be discussed to avoid or minimize the adverse impacts prior to commencement of the action.

History

• Source: Amended at 19 Ill. Reg. 594, effective January 9, 1995

17 Ill. Adm. Code 1075.70 Public Involvement

Provisions shall be made to inform the public of the actions of the Department under this Part and to consider public comment. This may include, but is not limited to maintaining a list, as funds permit, by the Department for those persons wishing to receive notification of those projects involved in the consultation process under Section 1075.40(b)(2).

17 Ill. Adm. Code 1075.80 Alternative Action Guidelines

Alternative Action Guidelines – In order to assist state and local agencies in evaluating and selecting alternatives to proposed actions that adversely affect listed species or their habitat or Natural Areas, the Department may prepare Alternative Action Guidelines for alternatives to a range of actions common to these agencies. These Guidelines shall propose practicable alternatives to actions affecting a listed species or Natural Area, while at the same time maintaining the project purpose to the greatest extent possible. These Guidelines shall serve to encourage the consideration of alternatives prior to initiation of the consultation process. They shall be made available upon request to all units of government as they are prepared.

History

• Source: Amended at 19 Ill. Reg. 594, effective January 9, 1995

17 Ill. Adm. Code 1075.90 Consultation Fee

The purpose of this Section is to establish procedures for collecting fees from applicants for consultation services in accordance with Section 805-555 of the Department of Natural Resources (Conservation) Law [20 ILCS 805/805-555].

a) Applicability. This Section applies to each application for consultation services submitted to the Department pursuant to Section 11(b) of the Act and Section 17 of the Natural Areas Act, except for those applications for consultation services submitted by, or on behalf of, an agency of State or federal government.

b) Amount of Fee. Each application for consultation services must include a fee in the amount of $500.

c) Manner of Payment

1. Applicants must pay the consultation fee when initiating the consultation request.

2. For consultation requests submitted through the Department's EcoCAT system, the fee must be paid using credit card or electronic funds transfer through the EcoCAT system in the manner identified by the EcoCAT system.

3. Applicants unable to use a credit card or electronic funds transfer to pay the fee using the EcoCAT system must submit a certified check, cashier's check or money order to the Department before the consultation request will be completed.

4. Applicants submitting consultation requests in any manner other than through the Department's EcoCAT online evaluation system must pay the fee using a certified check, cashier's check or money order.

5. Payment shall not include any other fees or payments due to the Department for any purpose other than the fee due under this Section.

d) Prohibition Against Refund. Except as provided in subsection (e), no fee remitted to the Department under this Section shall be refunded in whole or in part at any time or for any reason.

e) Applications Not Containing the Entire Fee. Applications not containing the entire fee will be considered incomplete and the Department will not undertake the requested consultation. Any partial payment will not be deposited or processed by the Department and will be returned to the applicant.

History

• Source: Added at 37 Ill. Reg. 11359, effective July 5, 2013

Part 1080 Incidental Taking of Endangered or Threatened Species

17 Ill. Adm. Code 1080.10 Conservation Plan

Incidental taking of endangered and threatened species shall be authorized by the Department of Natural Resources (Department) only if the applicant submits to the Department a conservation plan that satisfies all criteria established in this Part.

a) A conservation plan submitted to the Department's Office of Resource Conservation as the application for authorization for incidental taking of an endangered or threatened species shall, at a minimum, include:

1. A description of the impact likely to result from the proposed taking of the species that would be covered by the authorization, including but not limited to:

A) legal description, if available, or detailed description including street address and map of the area to be affected by the proposed action and indicia of ownership or control of affected property;

B) biological data on the affected species; on request of the applicant, the Department shall provide biological data in the Department's possession on the affected species;

C) description of the activities that will result in taking of an endangered or threatened species; and

D) explanation of the anticipated adverse effects on listed species.

2. Measures the applicant will take to minimize and mitigate that impact and the funding that will be available to undertake those measures, including, but not limited to:

A) plans to minimize the area affected by the proposed action, the estimated number of individuals of an endangered or threatened species that will be taken and the amount of habitat affected;

B) plans for management of the area affected by the proposed action that will enable continued use of the area by endangered or threatened species;

C) description of all measures to be implemented to minimize or mitigate the effects of the proposed action on endangered or threatened species;

D) plans for monitoring the effects of measures implemented to minimize or mitigate the effects of the proposed action on endangered or threatened species;

E) adaptive management practices that will be used to deal with changed or unforeseen circumstances that affect the effectiveness of measures instituted to minimize or mitigate the effects of the proposed action on endangered or threatened species; and

F) verification that adequate funding exists to support and implement all mitigation activities described in the conservation plan. This may be in the form of bonds, certificates of insurance, escrow accounts or other financial instruments adequate to carry out all aspects of the conservation plan.

3. A description of alternative actions the applicant considered that would not result in take, and the reasons that each of those alternatives was not selected. A "no-action" alternative shall be included in this description of alternatives.

4. Data and information to indicate that the proposed taking will not reduce the likelihood of the survival of the endangered or threatened species in the wild within the State of Illinois, the biotic community of which the species is a part or the habitat essential to the species existence in Illinois.

5. An implementing agreement, which shall include, but not be limited to:

A) the names and signatures of all participants in the execution of the conservation plan;

B) the obligations and responsibilities of each of the identified participants with schedules and deadlines for completion of activities included in the conservation plan and a schedule for preparation of progress reports to be provided to the Department;

C) certification that each participant in the execution of the conservation plan has the legal authority to carry out their respective obligations and responsibilities under the conservation plan;

D) assurance of compliance with all other federal, State and local regulations pertinent to the proposed action and to execution of the conservation plan; and

E) copies of any final federal authorizations for a taking already issued to the applicant, if any.

b) The Department, after review and public comment, may require additional measures as necessary or appropriate to the success of the conservation plan. Requirements for additional measures shall be based on the life history needs of the species involved.

c) A Habitat Conservation Plan approved by the U.S. Fish and Wildlife Service pursuant to Section 10 of the Endangered Species Act of 1973 [26 USC 1539], and amendments thereto, may be submitted in lieu of the conservation plan described in this Section.

d) Authorization to take an endangered or threatened species under the terms of a biological opinion issued by the U.S. Fish and Wildlife Service pursuant to Section 7 of the Endangered Species Act of 1973 [26 USC 1536], and amendments thereto, or regulations implementing Section 7 [50 CFR 402] may be submitted in lieu of the conservation plan described in this Section.

17 Ill. Adm. Code 1080.20 Notice and Review of Conservation Plans

a) After receipt of a conservation plan, the Department shall, within 30 days, review the conservation plan to determine if all required information has been provided by the applicant and:

1. acknowledge receipt of the complete conservation plan in writing; or

2. notify the applicant in writing of any deficiencies in the conservation plan and provide the applicant an opportunity to supply additional information to the Department. Any late-breaking or additional information will be considered part of the conservation plan for purposes of this Part.

b) When the applicant is notified by the Department that the conservation plan contains the information required by Section 1080.10(a), the applicant shall place a notice in a local newspaper of general circulation in the locality of the proposed action at least once a week for 3 consecutive weeks. At least 13 days shall elapse between the first and last publications of the notice. The notice shall also be published one time in the official State newspaper and within 7 business days of the first publication in a local newspaper of general circulation. A copy of the notice as it will appear in the newspaper shall be submitted to the Department for approval before the first publication. The notice shall include, at a minimum, the following:

1. the name and mailing address of the applicant;

2. a map or description that clearly shows or describes the precise location and boundaries of both the area to be affected by the proposed project and any areas to be affected by provisions of the conservation plan and is sufficient to enable local residents to readily identify the subject areas. It must include towns, bodies of water, local landmarks, or any other information that would identify the subject areas. If a map is used, it shall indicate the north direction;

3. a summary of the incidental taking for which authorization is being requested;

4. a summary of the measures that will be instituted to minimize and mitigate the effects of the proposed incidental taking;

5. the location where a copy of the conservation plan is available for inspection;

6. the street and e-mail address of the office of the Department to which comments on the conservation plan may be submitted; and

7. the closing date for receipt of written comments on the conservation plan.

c) The applicant shall:

1. provide copies of the conservation plan to be available for review at the nearest public library in the county or counties in which the proposed action will occur. Copies distributed for public review shall not include any trade secrets as defined by the Illinois Trade Secrets Act [765 ILCS 1065/2(d)]; and

2. provide copies of the conservation plan to the Executive Director of the Illinois Endangered Species Protection Board (Board).

d) After the applicant's public notice is approved by the Department, the Department shall provide notice of the receipt of the conservation plan to any person who has requested notice. The Department shall maintain a permanent list of those persons or organizations that wish to be notified of all conservation plans it receives.

History

• Source: Amended at 49 Ill. Reg. 8241, effective May 28, 2025

17 Ill. Adm. Code 1080.30 Comments

Written comments on a conservation plan may be submitted to the Department by any person within 30 days after the last publication of the notice required by Section 1080.20(b). Comments will be accepted by electronic mail upon confirmation of authorship. The Department shall, upon receipt of written comments, transmit a copy of the comments to the applicant. The applicant shall evaluate the public comments received from the Department and shall submit an analysis of the comments no later than 10 days after the close of the public comment period. The analysis shall include a list of all persons or organizations making comment; a list of the criticisms, suggestions and comments raised; and the applicant's analysis of each criticism, suggestion or comment. The analysis shall also include a description of any revision to the Conservation Plan that the applicant is making in response to public comment. The comments and the applicant's analysis may be used by the Department pursuant to Section 1080.30 to support any additional measures that may be necessary or appropriate to assure the success of the Conservation Plan.

17 Ill. Adm. Code 1080.40 Final Review

a) The Department's Office of Resource Conservation shall coordinate and perform the review of the conservation plan and issue the incidental take authorization pursuant to this Part. The Department shall complete its review of the conservation plan within 120 days after the first publication of the notice required in Section 1080.20(b). After reviewing the conservation plan, the Department may authorize the incidental taking if the Department finds that the taking will meet all of the following requirements:

1. the taking will not be the purpose of, but will be only incidental to, the carrying out of an otherwise lawful activity;

2. the parties to the conservation plan will, to the maximum extent practicable, minimize and mitigate the impact caused by the taking;

3. the parties to the conservation plan will ensure that adequate funding for the conservation plan will be provided as described in Section 1080.10(a)(2)(F);

4. based on the best available scientific data, the Department has determined that the taking will not reduce the likelihood of the survival of the endangered species or threatened species in the wild within the State of Illinois, the biotic community of which the species is a part, or the habitat essential to the species' existence in Illinois;

5. any additional measures, based upon the life history needs of the species involved, that the Department may require as necessary or appropriate for the purposes of the conservation plan will be performed;

6. the public has received notice of the availability of the conservation plan and has had the opportunity to comment before the Department made any decision regarding the authorization of incidental take; and

7. the Department has sought the advice of the Board and provided written response to any Board comments regarding the issuance of authorization for incidental taking and on the terms of any authorization to be issued.

b) If the Department finds that the conservation plan does not meet the above requirements, the Department may require that a party to the conservation plan make additional assurances or agree to additional terms and conditions that the Department finds necessary to assure that the requirements in subsections (a)(1) through (a)(6) will be met before authorizing incidental taking. Requirements for inclusion of additional assurances in a conservation plan shall be based on the life history needs of the species involved. The Department shall deny an authorization for incidental taking if the conservation plan does not meet the requirements of subsection (a) and the applicant refuses to accept the additional terms and conditions or refuses to make additional assurances determined necessary by the Department.

17 Ill. Adm. Code 1080.50 Notice of Decision

a) The Department shall provide written notice to the applicant of the approval or denial of authorization for incidental taking. The written notice shall constitute the authorization for incidental taking or the denial of the authorization for incidental taking is effective as of the date of execution by the Director of the Department's Office of Resource Conservation.

b) The Department shall make available to any person who requests it a copy of any written notice authorizing incidental taking.

17 Ill. Adm. Code 1080.60 Effective Date, Term

Any authorization for incidental take issued pursuant to 520 ILCS 10/5.5 and this Part shall have an effective date and term. The term of the authorization for incidental take shall be sufficient to assure that the terms and conditions of the authorization and the measures described in the conservation plan may be fully executed and that monitoring of the effects of those measures can be carried out for a length of time that will determine their adequacy for protection and enhancement of the endangered or threatened species.

17 Ill. Adm. Code 1080.70 Separability, Exclusions

a) Authorization for incidental taking shall be separate and distinct from any other action of the Department. Issuance of any permit, license or authorization by the Department under any authority other than that granted in Section 5.5 of the Illinois Endangered Species Protection Act shall not constitute authorization for incidental take. Issuance of any permit, license or authorization by the Department under any authority other than that granted in Section 5.5 of the Illinois Endangered Species Protection Act shall not be interpreted as an assurance that incidental take authorization will be issued.

b) Certain activities that are planned, designed and executed for the benefit of one or more endangered or threatened species and may result in the incidental take of individuals of those species are exempt from the provisions of this Section. Exempt activities shall be those listed in 17 Ill. Adm. Code 1075.30(c). The Department shall have the right to require persons carrying out such activities to submit information to justify the claimed exemption from this Section.

17 Ill. Adm. Code 1080.80 Appeal, Revocation

a) The applicant may appeal a denial of authorization for incidental taking. Such appeal shall be heard pursuant to Subpart C of 17 Ill. Adm. Code 2530 – Department Formal Hearings for Rulemaking and Contested Cases.

b) Authorization issued under this Part may be revoked by the Department for failure to implement any provision of the conservation plan. The Department shall issue notice of the revocation and, if requested by the permittee, may conduct a hearing on the revocation pursuant to Subpart C of 17 Ill. Adm. Code 2530 – Department Formal Hearings Conducted for Rulemaking and Contested Cases. Revocation of a permit may subject the permittee to criminal penalties as provided in the Endangered Species Protection Act if a taking is found subsequent to the revocation or if the taking is proximate to the failure to implement the conservation plan.

Part 1090 Implementation Procedures for the Interagency Wetlands Policy Act

17 Ill. Adm. Code 1090.10 Definitions

The following terms will be used throughout this Part:

"Act" – The Interagency Wetland Policy Act of 1989 [20 ILCS 830].

"Agricultural Activity" – Includes, but is not limited to, normal farming, ranching, horticulture, silviculture, grazing, haying, production of tree fruits or nuts, raising of livestock, production of row crops, and other farming activities including but not limited to tillage, seeding, irrigation, spraying, cultivating, and harvesting for the production of food and fiber products.

"Compensation Ratios" – Relationship between the amount of compensation required as compared with the amount of adverse impact to a wetland.

"Best Technology Currently Available" – The term includes, but is not limited to, devices, systems, methods, techniques, construction practices, siting requirements, vegetative selection, planting requirements, scheduling of activities and design of structures that are currently available.

"Buffer Area" – A portion of the supportive upland or related essential environmental area adjacent to a wetland that serves as an integral component of the wetland ecosystem and helps to protect the wetland's functional values.

"Converted Wetland" – The alteration of wetland hydrology, plants or soil such that the area no longer meets the definition of a wetland.

"Department" – The Department of Natural Resources.

"Destruction" – An adverse wetland impact that does not meet the criteria to be defined as a programmatic action and that causes either:

The removal or loss of 2 or more acres of wetland vegetation; or

The alteration of preexisting hydrology or soils of more than 0.5 acres of a wetland for more than 12 months. This includes, but is not limited to, the placement of dredge or fill material into a wetland, the drainage of a wetland, filling in of a wetland through sedimentation, etc.

"Essential Habitat" – As defined in 17 Ill. Adm. Code 1075 - Consultation Procedures for Assessing Impacts of Agency Actions on Endangered and Threatened Species and Natural Areas, the physical and biological environment that is required to maintain viable populations of a listed species in order to ensure the survival and recovery of that species.

"Fisheries Management Activities" – Activities that preserve, restore, maintain, control or enhance aquatic resources. This includes biological, chemical, mechanical, or physical management of aquatic life and their habitats.

"Forestry Activity" – Planting, cultivating, thinning, harvesting, or any other silvicultural activity undertaken to use forest resources or to improve their quality or productivity. This does not include the clearing of trees to convert forest to another land use.

"Hydrologic Unit" – The drainage area of a river or stream as identified in Exhibit A.

"Level of Impact" – Refers to amount of adverse impact a project will have on a wetland and is expressed in terms of minimal alteration, significant alteration or wetland destruction.

"Listed Species" – Those species declared threatened or endangered by the Illinois Endangered Species Protection Board.

"Minimal alteration" – An adverse wetland impact that:

Meets the criteria to be defined as a programmatic action; or

Causes the removal or loss of 0.5 acre or less of wetland vegetation but that does not alter the preexisting hydrology of the wetland for a period of more than 12 months.

"Normal Circumstances" – Determined on the basis of an area's characteristics and use, at present and in the recent past. If an area is abandoned and over time regains wetland characteristics such that it meets the definition of wetland, then jurisdiction has been restored.

"Off the Site" – A wetland compensation area located within the same Hydrologic Unit boundary (as identified in Exhibit A), but more than one mile, from the site of the proposed project for which the wetland compensation is required.

"On the Site" – When a wetland compensation area is located within the same Hydrologic Unit boundary (as identified in Exhibit A) and within one mile of the site of the proposed project for which the wetland compensation is required.

"Out of the Drainage Basin" – When a wetland compensation area is located outside the Hydrologic Unit boundary (as identified in Exhibit A) which includes the site of the proposed project for which the wetland compensation is required.

"Performance Standards" – Predetermined goals for achieving and measuring the success of a wetland compensation project.

"Programmatic Actions" – Actions defined in an agency Action Plan that will result in the establishment of coordination procedures between the agency and Department that will reduce the amount of time, correspondence and documentation required to fulfill an agency's obligations under this Part.

"Progressive Levels of Compensation" – Refers to a system which requires increasing levels of compensation based upon the level of adverse impact to an affected wetland and the location of a compensation wetland in relationship to the adversely impacted wetland.

"Significant Alteration" – An adverse wetland impact that does not meet the criteria to be defined as a programmatic action and that causes either:

The removal or loss of more than 0.5 acre but less than 2 acres of wetland vegetation but that does not alter the preexisting hydrology of the wetland for a period of more than 12 months; or

The alteration of preexisting hydrology or soils of 0.5 acre or less of a wetland for more than 12 months. This includes, but is not limited to the placement of dredge or fill material into a wetland, the drainage of a wetland, filling in of a wetland through sedimentation, etc.

"State Jurisdictional Wetland" – Land that has a predominance of hydric soils and that is inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances does support, a prevalence of hydrophytic vegetation typically adapted for life in saturated soil conditions. Areas that are restored or created as the result of mitigation or planned construction projects and that function as a wetland are included within this definition even when all 3 wetland parameters are not present.

"Value" – Unit of measure (i.e., acres, wetland functions, or dollars) that is multiplied by the appropriate wetland compensation ratio to determine the amount of wetland compensation that is required.

"Wetland Compensation" – The required planning and implementation process that results in the replacement of wetland function and area to offset an adverse wetland impact; or providing funding for wetland research, acquisition, etc.

"Wetland Compensation Account" – A system of accounting for wetland loss and compensation; can include one or more wetland compensation account sites.

"Wetland Creation" – The establishment of a wetland where a wetland does not currently exist.

"Wetland Enhancement" – Wetland management or other activity that increases one or more natural or artificial wetland functions while minimizing adverse impacts to other wetland functions.

"Wetland Management Practices" – Activities that maintain, control and enhance wetland wildlife habitat. This includes the chemical and/or mechanical control of undesirable vegetation.

17 Ill. Adm. Code 1090.20 Actions Requiring Review

Any construction, land management or other activity performed by, or for which financial assistance is administered or provided by, a State agency that will result in an adverse impact to a wetland shall be subject to compliance with this Part. This includes but is not limited to the following:

a) The alteration, removal, excavation, or dredging of soil, sand, gravel, minerals, organic matter, vegetation, or naturally occurring materials of any kind from a wetland;

b) The discharge or deposit of fill material or dredged material into a wetland;

c) The alteration of existing drainage characteristics, sedimentation patterns, or flood retention characteristics of a wetland;

d) The disturbance of the water level or water table of a wetland;

e) The destruction or removal of plant life that would alter the character of a wetland, except for activities undertaken in accordance with the Illinois Noxious Weed Act;

f) The transfer of State owned wetlands to any entity other than another State agency; and

g) Other actions that cause or may cause adverse wetland impacts.

17 Ill. Adm. Code 1090.30 Actions Exempted

Any construction, land management, or other activity funded or performed by a State agency that will not result in an adverse impact to a wetland and the following actions are exempt from this Part:

a) Established and continuous agricultural and forestry production activities, including the distribution of water for agricultural activity as defined. Maintenance and operation of existing residences and facilities; upland soil and water conservation practices, causeways, bridges, or water control structures; provided that these activities do not adversely impact wetlands on which agricultural and forestry activities were not conducted prior to the effective date of this Part. Activities on areas lying fallow as part of a conventional rotational cycle or as the result of participation in a State or federal farm program are part of an established and continuous operation. Activities that bring an area into farming or ranching use are not part of an established and continuous operation. An operation ceases to be established and continuous when the area in which the agricultural or forestry activity was conducted has been converted to another use or has lain idle so long that modifications to the hydrological regime are necessary to resume operation;

b) Activities involving the repair, in-kind replacement, maintenance, or emergency reconstruction of recently damaged portions of currently serviceable structures including dikes, dams, levees, groins, riprap, breakwaters, bridge abutments, piers, appurtances or approaches, culverts, storm sewers, field tiles, retaining walls and appurtenant structures, water control structures, and transportation structures provided that such activities do not adversely impact or cause the conversion of a wetland. Maintenance does not include any modification that changes the character, scope, or size of the original fill design;

c) Activities undertaken for the maintenance of existing ponds, stormwater detention basins and channels, drainage ditches or navigation channels;

d) Wetland management practices on lands that are used primarily for the management of waterfowl, other migratory water birds or furbearers if such practices took place on these lands prior to the effective date of this Part.

1. This includes vegetation management which may include the use of fire, chemical and/or mechanical (hydro-axe, bulldozer, rome disk, or similar equipment) removal of invading woody and/or herbaceous vegetation to maintain a preferred successional stage. Use of chemicals will be by a certified applicator and chemicals will be registered for appropriate use.

2. Clearing or removal of woody vegetation will be limited to 4-inch dbh or smaller material for the purpose of establishing and/or maintaining the successional stage of a wetland as a herbaceous wetland vegetated by native moist soil plants and/or selected wildlife food plants.

e) The following actions which take place within existing maintained rights-of-way including the installation and maintenance of signs, lighting and fences and the mowing of vegetation. Provided such actions do not jeopardize the existence of a threatened or endangered species, Illinois Natural Inventory Site or the essential habitat of a threatened or endangered species;

f) Routine resurfacing, rehabilitative maintenance or application of oil and gravel to existing roads and highways that does not increase the number of traffic lanes, provided that such activities do not adversely impact a wetland;

g) Repair and maintenance of existing buildings, facilities, lawns, and ornamental plantings;

h) Issuance of permits and licenses;

i) A change in land use from agriculture to wetland habitat, consistent with this Part;

j) Fisheries management activities in lakes, ponds, reservoirs, rivers, and streams that are for the management and enhancement of the aquatic resource where such practices took place prior to the effective date of this Part;

k) Construction projects which were let for bidding prior to the effective date of this Part;

l) Application of media (including deicing) on the surface of existing roads for purposes of public safety; and

m) Non-surface disturbing surveys and investigations for construction, planning, maintenance or location of environmental resources.

17 Ill. Adm. Code 1090.40 Agency Action Plans and Memorandums of Agreement

a) State agencies represented on the Interagency Wetlands Committee shall comply through the development and implementation of their Agency Action Plan (AAPs).

b) State agencies who are not members of the Interagency Wetlands Committee may comply with the Act by:

1. Development of a Memorandum of Agreement with the Department that is consistent with the minimum provisions required for Agency Action Plans; or

2. Development of an Agency Action Plan.

c) The State agency or unit of State government that funds, administers pass-through funding, provides or supports any construction, land management, land acquisition, land transfer or other activity that will result in an adverse impact to a wetland shall be responsible to ensure that the unit receiving the assistance complies with the provisions of this Part. The State agency or unit of State government providing assistance may require the agency or applicant receiving assistance to furnish all information and perform all compliance tasks as defined in this Part.

d) Agency Action Plans and Memorandums of Agreement shall be valid for a period of 4 years. During that period, the agency shall submit a biennial report to the Department on or before June 30 describing actions taken to implement the AAP or Memorandum of Agreement. Renewal of the Agency Action Plan shall be initiated by a letter from the Department to the agency. The agency may request that an Agency Action Plan be renewed with no modifications or with modifications.

1. If no modifications are requested or required, the Agency Action Plan or Memorandum of Agreement shall be automatically renewed for 4 years by the Department, provided that biennial reports are timely and complete and that the Agency has not had a change in legislative authority that would alter the terms of the AAP.

2. If modifications are requested or required the agency and Department shall initiate discussions to modify the Agency Action Plan or Memorandum of Agreement and it shall follow the same review and approval process as provided in the Act.

e) All Agency Action Plans shall include provisions indicating that the agency shall use or require the use of technical procedures adopted in accordance with Section 1090.80 of this Part.

17 Ill. Adm. Code 1090.50 Wetland Review Process

Actions that require coordination under this Part shall not be commenced until completion of the wetland review process and a wetland compensation plan has been approved for any unavoidable adverse wetlands impacts. Coordination with the Department shall be accomplished through the wetland review process as defined in this Section or as provided in Agency Action Plans or Memorandums of Agreement (MOA) approved in accordance with Section 1090.40 of this Part. The wetland review process shall consist of the following:

a) Wetland Impact Determination

1. When an action covered by this Part is proposed, the agency initiating or supporting the action shall cause to have completed and submitted a Wetland Action Report to the Department. This Report shall be submitted as early in the planning process as practicable. The purpose of this report is to identify the specific location of a proposed project in order to determine if a wetland is likely to be adversely impacted by the proposed action. The Wetland Action Report shall include but not be limited to the following:

A) Name and address of the agency proposing the action;

B) Sufficient detail (field reports, surveys, site inventories, maps and/or photographs) to determine the presence or absence of a State jurisdictional wetland;

C) The precise location of the proposed action sufficient to show the relationship of the State jurisdictional wetland to the proposed action;

D) An accurate description of the proposed action in sufficient detail to allow a thorough review of the potential impact to a State jurisdictional wetland. This may include a site plan, soil erosion control plan, an assessment of the benefits to the wetland, or similar information. Sufficient detail is not intended to include final design level drawings or calculations;

E) Anticipated starting and ending dates of the proposed action (e.g., land clearing, project construction, etc.); and

F) Discussion of alternative actions considered and supporting justification of the selected alternative if that alternative will or is likely to have an adverse wetland impact.

2. Unless otherwise stated in the AAP or MOA, the Department shall, within 30 days after the receipt of a wetland action report inform the applicant in writing of any deficiencies in the report or of further information the Department needs in order to evaluate the report. In the event no such request is made by the Department, the report shall be deemed filed on the expiration of the thirtieth day. The Department shall notify the agency in writing of the date the report is deemed filed. Unless otherwise stated in the AAP or MOA, from the date the report is deemed filed, the Department shall have 60 days to complete its review. The 60 day review period may be extended by written agreement between the applicant and Department. Unless otherwise stated in the AAP or MOA, the Department shall provide one of 3 responses to the agency or applicant proposing the action within 60 days after receipt of a wetland action report which is deemed filed:

A) If no adverse impacts to a State jurisdictional wetland will or are likely to occur, a letter shall be sent indicating that further coordination with the Department is not necessary and that the proposed action may be carried out as planned.

B) If an adverse impact to a State jurisdictional wetland is likely to or will occur, and practical alternatives to the proposed action do not exist, a letter shall be sent approving the proposed action with restrictions or limitations as the Department concludes are necessary in order to meet the purpose of the Act.

C) If an adverse impact to a State jurisdictional wetland is likely to or will occur, and practical alternatives to the proposed action exist, a letter shall be sent indicating that the proposed action shall not be carried out as planned.

D) The agency or applicant may request a reevaluation of the Department's response to a Wetland Action Report. The Department shall have 30 days to complete a reevaluation. The 30 day period can be extended by a written agreement between the agency or applicant and Department.

3. A wetland impact determination is valid for a period of 3 years following the issuance of a written notice to the agency or applicant submitting the request. The Department shall grant an extension upon demonstration by the agency or applicant that the project is being pursued in good faith and that conditions of the site have remained substantially unchanged.

b) Emergencies

Two types of emergency conditions that require special treatment:

1. Where emergency circumstances pose an immediate threat to human life, or severe loss of property is imminent from situations involving natural or man-made disasters, casualties, or national defense or security emergencies, and the action must be taken immediately, the agency can proceed without notifying the Department prior to taking action. A wetland action report shall be filed and a wetland impact determination shall be initiated as soon as practicable after the emergency is under control, but not to exceed 30 days. If necessary, this shall be followed by the development, approval, and implementation of a wetland compensation plan.

2. Where emergency circumstances pose a threat to human life or severe loss of property and the action must commence within 30 days, the agency shall contact the Department prior to commencing the action and explain the nature of the problem. The wetland impact determination shall be initiated as soon as practicable after the emergency is under control, but not to exceed 30 days. If necessary, this shall be followed by the development, approval, and implementation of a wetland compensation plan.

c) Wetland Compensation Plans

1. If the wetland impact determination establishes that the proposed action is likely to have an adverse impact on a State jurisdictional wetland, the agency or applicant is responsible for the development and implementation of a wetland compensation plan. A wetland compensation plan shall be submitted either:

A) Along with the request for a wetland impact determination; or

B) After the Department submits its formal written response to the wetland impact determination.

2. If the wetland compensation plan is submitted as part of the wetland impact determination it shall be used in the evaluation of that material. However, formal review and response to the wetland compensation plan shall not occur until after the Department and agency or applicant have resolved all issues related to the wetland impact determination.

3. The wetland compensation plan shall include but not be limited to the following:

A) Name and address of the agency or applicant responsible for the development and implementation of the wetland compensation plan;

B) Description of the proposed replacement project including a clear statement of goals;

C) Identification of the wetland type which will be adversely impacted and the wetland type that is to be established;

D) A description of the wetland that will be adversely impacted and an evaluation of the current land use, biological, hydrological, and soil characteristics of the site where the replacement wetland is to be established;

E) The precise location of the wetland that is to be established including a map, legal description, and distance from the wetland that will be adversely impacted;

F) Site plan that includes the plant materials and methods to establish those plant materials, proposed contours of the wetland and surrounding buffer to be established, source(s) of water, anticipated hydro-period(s) of the proposed wetland and any water control structures, the watershed draining into the proposed wetland, and relationship of the site to surrounding land uses;

G) Operation, management and maintenance plan for the site including procedures to restrict further adverse impacts to the site, such as the use of buffer areas, restricting future construction within the wetland compensation area, etc.;

H) The monitoring plan to evaluate the success and/or failure of the wetland establishment effort, including the use of measures to correct identified deficiencies or problems; and

I) Anticipated starting and ending dates of the wetland compensation plan.

If the applicant is unable to develop a wetland compensation plan, a request for consideration of other compensation alternatives may be made. The request for consideration of other compensation alternatives must be a written proposal detailing why a form of wetland compensation other than the establishment of a replacement wetland is being requested and specific details describing the proposed action.

4. The Department shall review the wetland compensation plan and determine if the plan is likely to result in the successful establishment of a replacement wetland and meets the overall goals of the Act. Unless otherwise stated in the AAP, the Department will provide one of 2 responses to the agency or applicant proposing the action within 45 days after receipt of the wetland compensation plan:

A) That the plan meets the overall goal of the Act, is likely to result in the successful establishment of a replacement wetland and provides the proper wetland compensation in accordance with this Part. A letter will be sent indicating that the agency or applicant may proceed with implementation of the plan.

B) That the plan does not meet the overall goal of the Act and/or will not likely result in the successful establishment of a replacement wetland. The Department shall notify the applicant in writing that the plan fails to meet the intent of the Act. The Department may include recommendations that, if implemented, will bring the plan into compliance with the Act. It shall be the agency's or applicant's responsibility to revise the plan and submit a plan that complies with the Act and this Part. The Department shall not unreasonably withhold approval of an applicant's wetland compensation plan.

5. Department approval of a wetland compensation plan is valid for a period of 3 years following the issuance of written Department approval to proceed. The Department shall grant an extension without modification to the plan upon demonstration by the agency or applicant that conditions at the site have remained substantially unchanged. A wetland compensation plan is not complete until after all elements of the plan have been successfully implemented by the agency or applicant and approved by the Department.

6. The agency or applicant shall submit status reports to the Department to demonstrate progress towards implementation of the wetland compensation plan. These reports shall include:

A) Post construction site evaluation report. This report shall be submitted within 90 days after the initial construction, planting and all associated work on the site plan have been completed;

B) Status reports. Up to 4 annual reports on the status of the replacement wetlands and associated buffer as provided for in the wetland compensation plan shall be provided to the Department;

C) Final report. A final report on the status of the replacement wetland and associated buffer. The final report is due 5 years after implementation of the wetland compensation plan; and

D) Transfer report. If the replacement wetland is to be transferred to another entity, a transfer report shall be submitted to the Department for approval. This report shall provide all details associated with the transfer.

7. Unless the Department otherwise allows, compensation shall occur either prior to or concurrently with the activity for which a wetland impact determination is sought. Compensation for adverse impacts to a wetland, its functions, or associated buffer area shall be accomplished using best technology currently available, performance standards and effective monitoring. The Department shall establish guidance for locating and developing wetland compensation plans and standards to ensure that a wetland compensation project is completed as planned to measure the success of compensation projects and correct compensation projects that fail. Use of uplands for wetland compensation sites are generally less suitable than lower lying lands and their use is discouraged. Every effort should be made to avoid the use of upland sites classified as "Prime farmland" by the USDA Natural Resources Conservation Service.

8. The compensation rate for adverse wetland impacts has been developed based upon wetland quality, function, type, degree of adverse impact, and location of the compensation site. Compensation ratios have been made progressively higher to encourage avoidance and minimization of adverse impacts to wetlands. The following table of wetland compensation ratios shall be used to determine the final value of compensation required for an action that causes an adverse wetland impact.

Location of the Replacement Wetland

On-Site

Off-Site

Out-of-Basin

Degree of Adverse Impact

Min.* Alt.

1.0:0****

1.5:1

2.0:1

Sig.** Alt.

1.5:1*****

2.0:1

3.0:1

Dest.***

2.5:1

4.0:1

5.5:1

The following explanations are provided for the abbreviations used in the above table:

• Min. Alt. equals minimal alterations;

** Sig.Alt. equals significant alterations; and

*** Dest. Equals destruction.

**** The 1.0:1 ratio applies to all other types of wetland vegetation, substrate, or wetland type except those wetlands that have woody vegetation.

***** This ratio applies if the vegetation of the adversely impacted wetland is woody.

The ratios in the above table apply, unless the adversely impacted wetland has one or more of the following situations present: This includes:

A) The presence of a State or federally listed endangered and threatened species. (Listed plants or mussels shall be deemed "present" if individuals or populations occur within the area that is to be adversely impacted by a proposed action. For mobile species, "presence" shall be based on the existence of confirmed nesting or breeding sites in the area to be adversely impacted by the proposed action.)

B) The presence of essential habitat of a State or federally listed endangered and threatened species.

C) The presence of an Illinois Natural Area Inventory Site (INAI). The INAI is maintained and updated by the Department following the criteria and methodology described by Jack White, 1978, in the Illinois Natural Area Inventory – Technical Report, University of Illinois Department of Landscape Architecture, p 426.

D) A wetland that is comprised of a plant community that receives a floristic quality native index score of 20 or more and/or a native mean coefficient of conservatism of 4.0 or greater using the procedure described in Plants of the Chicago Region (Swink and Wilhelm 94).

E) If any of the situations described in subsection (c)(8)(A) through (D) of this Section occur, the compensation ratio used to determine the amount of wetland compensation required is always 5.5:1.

F) Compensation ratios refer to replacement area, quantified wetland functions, or dollar value when compared to the wetland area that is adversely impacted. The procedure for computing wetland compensation requirements shall be to multiply the appropriate wetland compensation ratio by the unit of compensation (replacement area, function and/or monetary contribution). Replacement area refers to the amount of wetland compensation required and is computed by multiplying the wetland area that is adversely impacted by the appropriate compensation ratio. Wetland function refers to one or more of the physical processes identified in 20 ILCS 830/1-2. Use of this alternative is dependent upon adoption of a scientifically valid procedure as provided in Section 1090.80 of this Part. Functional units shall be computed separately for each adversely impacted wetland type. These units shall be multiplied by the appropriate wetland compensation ratio. Compensation requirements for each wetland type shall then be aggregated to determine the total amount of wetland compensation required. If this procedure is used, in no instance shall the replacement amount of a wetland be less than the amount of compensation computed using replacement area. Determination of dollar value shall be based upon the fair market value of the adversely impacted wetland, normal and customary cost for the establishment of a replacement wetland (including all planning, engineering, construction, planting and monitoring cost), and operation and maintenance cost of the area for a minimum of 10 years. Dollar value shall be established for an acre of replacement wetland. This dollar value shall be multiplied by the number of wetland acres adversely impacted and the appropriate compensation ratio to determine the total monetary compensation required.

G) The agency or applicant shall request the approval of the Department in the method of compensation to be used. The Department shall not unreasonably withhold its approval. The first priority method of wetland compensation shall be to use replacement area. The second priority methods of wetland compensation shall be to use wetland function and dollar value. Use of the wetland function method is dependant upon the development and adoption of scientifically valid procedures for the identification and quantification of wetland functions.

H) An agency or applicant may request approval to use existing public lands for wetland compensation projects. The Department shall have the final approval on the use of existing public lands for this purpose.

9. If an agency or applicant is not able to develop a sound wetland compensation plan that meets the objectives of the Act or if unique opportunities exist to further the goals of the Act through another means, an agency or applicant may make a formal request to the Department to not require the establishment of the same type of wetland or a replacement wetland as a component of a wetland compensation plan. The Department shall consider such request and may approve:

A) The acquisition of high quality wetlands and associated buffer;

B) The funding of needed relevant research; or

C) Development of a wetland compensation plan that includes replacement of the same and different wetland types as the wetland that was adversely impacted. If either the alternative in subsection (9)(A) or (B) is approved, the Department shall determine the dollar value that must be provided to meet the compensation requirement.

d) The Department may revoke its approval of a wetland determination or a wetland compensation plan for cause, including violation of conditions of approval, obtaining approval by misrepresentation or failing to disclose a relevant or material fact. The Department shall notify the agency or applicant in writing and provide an opportunity for response.

e) An agency may request development of a category of actions called Programmatic Actions for inclusion in an Agency Action Plan. Actions must meet the following criteria in order to be placed in the category of Programmatic Actions:

1. They must be repetitive actions for the repair, maintenance, or improvement of existing structures or rights-of-way; and

2. Have no practicable alternatives that would avoid an adverse wetland impact. Actions included in this category may involve the acquisition of additional land to accommodate the work, provided that it is contiguous to the property on which an existing structure is located and it meets the criteria prescribed in subsections (e)(1) and (2) of this Section. Adverse wetland impacts resulting from projects carried out under this subsection shall require compensation according the wetland compensation matrix defined in subsection (c)(8) of this Section.

17 Ill. Adm. Code 1090.60 Analysis of Alternatives

a) The Department shall not approve a wetland impact determination unless the Department finds that the agency or applicant has demonstrated that the activity:

1. Is water dependent and has no other practicable alternative; or is not water dependent and that alternative designs and alternative sites are not available;

2. Minimizes alteration or impairment of the wetland and its associated buffer area; and

3. Is in compliance with the Illinois Endangered Species Act and the Illinois Natural Areas Preservation Act.

b) In considering whether a practicable alternative to the proposed activity exists, the Department shall consider whether:

1. A modification in the size, scope, configuration, or density of the project for which the wetland impact determination is sought and all alternative designs that would result in a less adverse impact on the wetland have been considered consistent with applicable established minimum standards for safe design and operation of the project;

2. The basic purpose of the project would still be accomplished if the project is modified, and whether the basic purpose has been so narrowly defined as to disqualify all but a single site; and

3. The agency or applicant has made reasonable attempts to remove or accommodate constraints, such as inadequate zoning, infrastructure, or parcel size.

c) For all project actions, it is presumed that a practicable alternative that does not adversely impact a wetland exists. It is the responsibility of the agency or applicant to demonstrate that practicable alternatives do not exist for projects that will cause an adverse wetland impact.

17 Ill. Adm. Code 1090.70 Wetland Compensation Accounts

a) The establishment of a wetland compensation account, the determination of a project's eligibility for use of an account, and the selection of wetland compensation account sites shall be approved by the Department in compliance with this Part. The consolidation of multiple small compensatory mitigation projects for adverse impacts to degraded wetlands allows for economies of scale in planning, implementation, and maintenance. Wetland compensation accounts are a form of compensatory mitigation that results in the establishment of large-scale wetland complexes that will be professionally managed and maintained in perpetuity for the benefit of the general public.

b) Management of a wetland compensation account shall include both operation and maintenance of individual wetland sites and a system of accounting to establish account credits and debits. Credits and debits shall be the currency of the account and shall be measured in either replacement area, quantified wetland functions or dollar value by wetland type. The unit of measure shall be standard for all wetland compensation accounts.

1. The Department shall make a formal determination of all credits and debits to the wetland compensation account.

2. Perpetual maintenance of a replacement wetland is the responsibility of the agency or applicant implementing a wetland compensation plan. This responsibility shall be transferred to the unit responsible for managing the wetland compensation site(s). The minimum dollar value of a credit or debit shall be based upon the factors listed in Section 1090.50(c)(8) of this Part.

c) The Department shall make a formal determination of compensation account credits that have been generated and are available for use at each wetland compensation account site. This formal determination is known as credit certification. Credit certification shall be based upon units within a compensation account site meeting defined performance standards. Account credits shall be placed into one of the 3 following categories:

1. Certified credit – A credit that meets all performance standards;

2. Conditionally certified credit – A credit that shows reasonable progress towards becoming a certified credit; or

3. Uncertified credit – Credit that is anticipated to become a certified credit as part of a planned wetland compensation account site but which does not meet the performance standards for either a certified or conditionally certified credit. Uncertified credits are used to anticipate the amount and availability of future certified credits.

d) Wetland compensation accounts are a means of establishing wetlands and generating compensation account credits in advance of adverse wetland impacts from a specific project. An agency or applicant must request approval from the Department in order to use uncertified credits at an individual wetland compensation site. The Department shall consider this request and shall only approve the use of up to 30% of the total anticipated certified credits of an individual wetland compensation site. Use of uncertified credits shall be limited to circumstances where the agency has no practicable alternative for developing an individual wetland compensation site and in which it would serve the best interest of the wetland resource.

e) Preservation of wetlands shall be considered for wetland compensation account credit only in exceptional circumstances such as an existing wetland of extremely high functional value, where incorporation of the wetland into the compensation account further enhances or protect its natural resource value, and where the existing wetland comprises less than 50% of the wetland compensation account site.

f) Compensation account sites are an aggregation of multiple wetland compensation projects and are generally larger in size than individual wetland compensation projects. Therefore these areas shall be held to a higher performance standard than individual wetland compensation projects.

g) An established wetland compensation account site must be dedicated to maintaining the designated wetland functions and values to the exclusion of other conflicting uses.

h) In cooperation with the Interagency Wetland Committee, the Department shall develop guidelines and policies for the establishment, implementation, and management of wetland compensation accounts that are compatible with federal policies on wetland mitigation banking.

i) In cooperation with the Interagency Wetland Committee, the Department shall develop a statewide plan for the establishment of a wetland compensation accounting (mitigation banking) system. The development of all compensation accounting sites shall be compatible with the goals of this plan.

17 Ill. Adm. Code 1090.80 Technical Procedures

The Interagency Wetlands Committee may request of the Department, or the Department may initiate actions to develop, standardized technical procedures for the implementation of this Part. Both the Department and the Committee will receive and consider public comment on proposed technical procedures, and the Department will attempt to notify associations whose members will be expected to utilize any new technical procedures. Technical procedures shall be recommended by the Department and receive concurrence by the Interagency Wetlands Committee. Technical procedures adopted for implementation of the Act may include but are not limited to the following:

a) Jurisdictional wetland delineation procedures;

b) Restoration and creation procedures;

c) Performance standards for certifying and conditionally certifying account credits; and

d) Process to evaluate the positive and negative impacts that may result from a project action.

17 Ill. Adm. Code 1090.90 Transfer and Management of Wetland Compensation Areas

a) Wetland Compensation Areas

The transfer of wetland compensation areas, associated buffers and the responsibility for operation and maintenance is subject to approval by the Department. Prior to the transfer of responsibilities, the agency or applicant must submit a written request to the Department. The Department shall approve all requests for the transfer of wetland compensation areas unless deficiencies are found in one or more of the conditions outlined below:

1. That the entity has the legal authority to receive, hold, and manage the site;

2. That the entity has the ability to provide competent professional management of the site; and

3. That the entity has executed a legally binding agreement that will fulfill all obligations of the agency or applicant related to the approved wetland compensation plan and provisions of this Part.

b) Transfer to the Department

An agency may request that the Department accept fee simple or easement transfer of a wetland compensation area and an associated buffer area along with the responsibility of managing, operating and maintaining a site. Acceptance of these sites will be at the discretion of the Department. Criteria which the Department may use to decide on the acceptance of a site shall include but not limited to the following:

1. Proximity to existing Department owned/managed lands;

2. Size;

3. Development of a site management agreement;

4. Compatibility with existing and long term site management objectives;

5. Amount of funding provided for the long term operation and maintenance; and

6. Compatibility with Department regional objectives.

c) Transfer of other wetlands to non-State agencies

1. If State-owned property intended for sale, exchange, or release contains wetlands that are not compensation wetlands, the agency proposing the sale, exchange, or release shall require that the buyer grant a conservation easement, which shall contain provisions to protect the wetlands and associated buffer areas from adverse impacts. Such easements shall be written and recorded pursuant to the Real Property Conservation Rights Act [765 ILCS 120].

2. The agency proposing the sale, exchange, or release shall attempt to have a unit of local government be the grantee of the easement. If a unit of local government cannot be obtained, the agency shall attempt to have an acceptable not-for profit corporation or charitable trust be the grantee. The grantee shall agree to monitor and enforce the easement pursuant to the procedure in Section 4 of the Real Property Conservation Rights Act [765 ILCS 120/4]. If the grantee brings a successful action against a violating landowner, neither the agency that sold, exchanged, or released the property nor the Department shall share in the damages.

3. If a unit of local government or a not-for-profit entity cannot be obtained, the agency proposing the sale, exchange, or release shall reserve conservation rights in its deed or release document and transfer those rights to the Department. The Department shall not be prevented from entering into additional agreements with other agencies or entities in complying with its obligations as grantee.

4. Prior to the sale, exchange, or release of these lands, the agency must submit a written request to the Department. The Department shall approve all requests for the sale, exchange or release of these lands, unless deficiencies are found in ability of the grantee to monitor and enforce its obligations. The Department shall provide a decision on a request for the sale, exchange or release of lands within 60 days after receiving the request.

17 Ill. Adm. Code 1090.100 Appeals

An agency or applicant may appeal a decision made by the Department, as the result of this Part, through the Administrative Appeals process pursuant to 17 Ill. Adm. Code 2530 – Department Formal Hearings Conducted for Rulemaking and Contested Cases.

17 Ill. Adm. Code 1090.EXHIBIT A Drainage Basins for the Evaluation of Wetland Resources

17 Ill. Adm. Code 1100.10 Definitions

For the purpose of this Part, the following words shall mean:

"Department" means the Illinois Department of Natural Resources. [525 ILCS 10/2]

"Exotic weeds" means plants not native to North America which, when planted either spread vegetatively or naturalize and degrade natural communities, reduce the value of fish and wildlife habitat, or threaten an Illinois endangered or threatened species. [525 ILCS 10/2]

"List" means the Official List of Exotic Weeds.

"Material" means any plant, plant part, seed, or root of an exotic weed.

"Viable" means capable of surviving, living successfully, or growing.

17 Ill. Adm. Code 1100.20 Process for Listing

a) A species will be included on the list or removed from the list after consideration by the Department of the following criteria:

1. Native range and distribution of the species;

2. Distribution in the United States and Illinois.

3. Designations in other state, municipality, or other regulatory entity for invasiveness or injuriousness.

4. Potential to spread to non-target areas.

5. Rate of spread with no management.

6. Ability to establish and survive in Illinois; and

7. Ecosystem types or habitats in Illinois that are vulnerable to invasion by the species.

8. Ability to hybridize with native species and produce viable seed and fertile offspring in the absence of human intervention.

9. Extent of impacts to native species, diversity, and ecosystem health.

10. Medicinal, fiber, ornamental or other use in Illinois.

11. Response to removal techniques.

b) The Department shall consult with the Department of Agriculture before adding or removing any plant from the exotic weed list by administrative rule. [525 ILCS 10/3]

c) The Department may also consult with a group serving interests in agriculture, industry, conservation, ecology, or management regarding exotic weeds. [525 ILCS 10/3]

17 Ill. Adm. Code 1100.30 Official List of Exotic Weeds

Name of plant species vary for the same species and can change. Updates of nomenclature do not remove the exotic weed designation of a species.

COMMON NAME

SCIENTIFIC NAME

tree of heaven

Ailanthus altissima

garlic mustard

Alliaria petiolata

Oriental bittersweet

Celastrus orbiculatus

poison hemlock

Conium maculatum

teasels

Dipsacus spp.

Russian olive

Elaeagnus angustifolia

thorny olive

Elaeagnus pungens

autumn olive

Elaeagnus umbellata

leafy spurge

Euphorbia virgata

lesser celandine

Ficaria verna

glossy buckthorn

Frangula alnus

giant hogweed

Heracleum mantegazzianum

sericea lespedeza

Lespedeza cuneata

winter honeysuckle

Lonicera fragrantissima

Japanese honeysuckle

Lonicera japonica

Amur honeysuckle

Lonicera maackii

Morrow's honeysuckle

Lonicera morrowii

Tatarian honeysuckle

Lonicera tatarica

purple loosestrife

Lythrum salicaria

Japanese stiltgrass

Microstegium vimineum

Amur corktree

Phellodendron amurense

kudzu

Pueraria montana

Japanese knotweed

Reynoutria japonica

giant knotweed

Reynoutria sachalinensis

Bohemian knotweed

Reynoutria x bohemica

saw-toothed buckthorn

Rhamnus arguta

common buckthorn

Rhamnus cathartica

Dahurian buckthorn

Rhamnus davurica

Japanese buckthorn

Rhamnus japonica

Chinese buckthorn

Rhamnus utilis

multiflora rose

Rosa multiflora

salt cedars

Tamarix spp.

black swallow-wort

Vincetoxicum nigrum

pale swallow-wort

Vincetoxicum rossicum

The following shall be included as exotic weeds starting January 1, 2028.

callery pear

Pyrus calleryana

17 Ill. Adm. Code 1100.40 Permit Provisions and Issuance of Permits

a) Any person, corporation, political subdivision, agency or department of the State who wishes to buy, sell, offer for sale, distribute, or plant seeds, plants or plant parts of exotic weeds must obtain and possess a valid permit from the Department.

b) An application for any permit issued pursuant to this Part shall be made on forms provided by the Department. Applications can be found on the Department's website, www.dnr.illinois.gov. In addition to the permit application, an applicant shall provide the Department with the following information and meet the following requirements:

1. Permit to sell, offer for sale, or distribute non-viable exotic weeds. Persons planning to sell, offer for sale, or distribute non-viable exotic weeds must apply for a permit.

A) To be eligible, the applicant must:

i) Be 18 years of age or older; and

ii) Certify that the applicant will only offer to sell or distribute exotic weeds or exotic weed parts that are non-viable.

B) In addition, the applicant must provide to the Department, in writing:

i) the purpose of the selling or distributing exotic weed material;

ii) how the material will be acquired;

iii) the specific species of exotic weed or weeds that the applicant is applying to sell or distribute;

iv) the amount of material to be sold or distributed; and

v) the anticipated mechanism to sell or distribute the material.

C) A permit will be approved if the applicant meets the following criteria:

i) The applicant meets the eligibility requirements of subsection (b)(1).

ii) The material was acquired legally.

iii) If cut from the wild and with the permission of the landowner, the source material was treated to prevent resprouts.

iv) Based on the information provided to the Department, the Department determines the material is not viable.

2. Permit to plant seeds, plants, or plant parts of exotic weeds that are viable.

Persons planning to plant seeds, plants or plant parts of exotic weeds that are viable must apply for a permit.

A) To be eligible, the applicant must:

i) Be 18 years of age or older; and

ii) Either:

· plant material only to study control measures in a controlled environment; or

· Plant material only as part of biological control in the wild.

B) The applicant must:

i) provide to the Department an outline of the proposed research, including the scientific justification for such research, methods to be used, needs for the use of an exotic weed, and a statement as to how the proposed research will improve treatment or control of the exotic weed;

ii) provide a description, including photographs, of the facilities intended for use in holding, growing, or planting the exotic weed, as well as information regarding any planned planting or distribution of exotic weeds;

iii) Submit a statement of the qualifications of the applicant to conduct the proposed research, including educational history, experience in similar research, and a list of pertinent publications and professional activities;

iv) Describe the method of termination of exotic weeds after expiration of the permit; and

v) If applying for a permit for biological control in the wild, provide proof of a United States Department of Agriculture (USDA) permit for biological control.

C) A permit will be approved if the applicant meets the following criteria:

i) The applicant meets eligibility requirements of subsection (b)(2);

ii) The proposed research cannot be conducted using a plant not listed as an exotic week;

iii) The proposed research can be expected to yield results which will improve treatment or control of exotic weeds; and

iv) The applicant demonstrates the ability to control and prevent the spread of the exotic weeds.

17 Ill. Adm. Code 1100.50 General Provisions

a) A permittee's method of planting and distribution must be approved by the Department.

b) Permits shall expire on December 31 every year.

c) Permits will be reissued for another year upon the filing of the end of the year report and by filing an application for permit renewal with the Department. Permit renewal applications shall be on forms provided by the Department and shall include the information required in Section 1100.40.

d) Except as otherwise stated on the face of a permit, any person who is under the direct control of the permittee, or who is an agent of the permittee for the purposes authorized by the permit, may carry out the activity authorized by the permit.

e) The permittee is responsible for ensuring compliance with the provisions of the permit and reporting on behalf of the permittee's agents engaged in the activity authorized by the permit. The permittee must maintain a record of all material that is sold, distributed, or planted, for a period of 2 years after the material is sold, distributed, or planted, whichever listed action that occurs latest in time, and shall present such record upon request to Department.

f) Permits are non-transferable.

g) Permits issued under this Part or valid copies thereof must be in the possession of the permittee or the permittee's agents when engaged in the selling, distributing, or planting of material and presented upon the request of any authorized officer or agent of the Department or any police officer of the State of Illinois or a police officer of any unit of local government within the State of Illinois.

17 Ill. Adm. Code 1100.60 Reporting Requirements

a) Permittees shall submit an annual report to the Department of the past year's activities on forms provided by the Department by January 30 of the year after a permit was issued.

b) Holders of permits for planting must provide the Department with a copy of any reports, technical papers, or technical notes that result from studies conducted under the auspices of the permit.

c) A permit holder shall notify the Department of any change in their name or address within ten days after making such a change.

d) A permittee that does not request a permit renewal shall certify to the Department that the permittee has taken all necessary steps to terminate the exotic weeds subject to the permit when filing the final report.

17 Ill. Adm. Code 1515.5 Definitions

"100-year Floodplain" means an area adjacent to a body of water that has a 1% chance of being flooded in a given year, as identified by the Federal Emergency Management Agency on the flood insurance rate map as a special flood hazard area.

"Additional Acres" means acres enrolled in an Illinois CREP Grant of Conservation Right and Easement that were not enrolled in the original Federal CREP contract that further the purposes of Federal CREP and the goals of Illinois CREP to improve water quality and fish and wildlife habitat, and create or expand a corridor for the protection of fish and wildlife.

"Federal CREP" means FSA's Conservation Reserve Enhancement Program (a subprogram of Federal CRP), a land conservation program.

"Federal CRP" means FSA's Conservation Reserve Program, a land conservation program.

"FSA" means the United States Department of Agriculture, Farm Service Agency.

"Illinois CREP Grant of Conservation Right and Easement Agreement" means a legally binding written agreement that specifies the conservation rights and the easement rights granted to IDNR or the applicable SWCD from the Landowner to enroll acreage into Illinois CREP.

"IDNR" means the Illinois Department of Natural Resources.

"Illinois Conservation Management Plan" means the document developed by IDNR and the Landowner that documents current conditions and sets forth conservation management strategies and actions on enrolled Illinois CREP Acreage.

"Illinois CREP" means the Conservation Reserve Enhancement Program, a State of Illinois land conservation program administered by IDNR.

"Illinois CREP Acreage" means the cumulative acres encumbered by an Illinois CREP Grant of Conservation Right and Easement.

"Illinois River Watershed" means the geographic area along the Illinois River (see Exhibit A).

"Kaskaskia River Watershed" means the geographic area along the Kaskaskia River (see Exhibit A).

"Landowner" means the applicant or grantor enrolling land in Illinois CREP. The Landowner can be a person, trust, corporation, or any other legal entity that has authority to encumber land eligible for Illinois CREP.

"SWCD" means a Soil and Water Conservation District, a county-based government entity in Illinois. (See list of participating SWCDs on the IDNR CREP website.)

"Technical Review Team" means the Illinois CREP advisory team, comprised of staff from divisions of IDNR.

History

• Source: Amended at 46 Ill. Reg. 5986, effective March 30, 2022

Chapter I Department of Natural Resources

Subchapter d Forestry

Part 1515 Conservation Reserve Enhancement Program (crep)

17 Ill. Adm. Code 1515.10 Purpose

Illinois CREP is a land conservation program that provides compensation to Landowners to improve water quality and enhance fish and wildlife habitat on private lands in the Illinois River Watershed and Kaskaskia River Watershed in Illinois. Illinois CREP provides Landowners that currently have or have had acreage enrolled in federal CREP contracts prior to May 26, 2021 or are currently enrolled in an Illinois CREP Grant of Conservation Right and Easement Agreement the opportunity to enroll that acreage for additional time (15 years or permanent) in Illinois CREP Grant of Conservation Right and Easement Agreement. Additionally, Illinois CREP provides Landowners that enroll acreage into the federal CREP contract after May 26, 2021 the opportunity to fulfill the federal mandate to enroll that same acreage into an Illinois CREP Grant of Conservation Right and Easement Agreement (either 15 years or permanent). Upon an Illinois CREP Grant of Conservation Right and Easement Agreement becoming effective, acreage becomes Illinois CREP Acreage and shall be operated and maintained in accordance with an Illinois Conservation Management Plan during the term of the Illinois CREP Grant of Conservation Right and Easement Agreement. Illinois CREP is managed by the local SWCDs and IDNR.

History

• Source: Amended at 46 Ill. Reg. 5986, effective March 30, 2022

17 Ill. Adm. Code 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.

History

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

17 Ill. Adm. Code 1515.20 Acreage Eligibility

a) Illinois CREP Acreage must contain the entirety of all acres enrolled in a current Federal CREP contract or a current Illinois CREP Grant of Conservation Right and Easement Agreement to qualify for the program.

b) Additional Acres may be enrolled, at IDNR's discretion, in the Illinois CREP Grant of Conservation Right and Easement Agreement in addition to the land currently enrolled in Federal CREP. For purposes of Illinois CREP, Additional Acres must meet all of the following criteria:

1. Land must be immediately contiguous to land currently enrolled in Federal CREP. Land physically located immediately across a road, stream, or river from the land enrolled in Federal CREP will be considered contiguous to this land.

2. Land must be physically located on the same "farm", as defined by FSA at 7 CFR 718.2, as the immediately contiguous land enrolled in Federal CREP.

3. Land must be devoted to a cover that is equivalent to, or exceeds, FSA criteria and standards for one or more eligible Federal CREP conservation practices at the time the Illinois CREP Grant of Conservation Right and Easement Agreement is approved; or devoted to a cover that is equivalent to or exceeds, FSA criteria and standards for one or more eligible Federal CREP conservation practices no later than 12 months after the Illinois CREP Grant of Conservation Right and Easement Agreement is executed. IDNR will not provide any cost-share or other payment to improve, enhance, or otherwise establish a cover on Additional Acres.

4. Land, in combination with the land enrolled in Federal CREP, must further the purposes of Federal CREP and the goals of Illinois CREP to improve water quality and fish and wildlife habitat, and create or expand a corridor for the protection of fish and wildlife.

5. Land containing aquatic acres. The total permanent aquatic acres shall not exceed 10% of any Illinois CREP Acreage. Eligibility of intermittent aquatic acres is not limited for enrollment in an Illinois CREP Grant of Conservation Right and Easement Agreement. Aquatic acres are defined as:

A) Permanent aquatic acres: perennial streams, rivers, ponds or lakes capable of sustaining fish populations year-round during years receiving normal site precipitation.

B) Intermittent aquatic acres: non-perennial or ephemeral streams, rivers, ponds or lakes incapable of sustaining fish populations year-round during years receiving normal site precipitation.

c) Acres currently encumbered by a conservation related easement or property right, other than Federal CREP or Federal CRP contracts or Illinois CREP Grant of Conservation Right and Easement Agreement, are not eligible for enrollment in Illinois CREP.

d) IDNR may, at its discretion, extend the environmental and conservation benefits of the Illinois CREP Grant of Conservation Right and Easement Agreement by enrolling an existing 15-year or 35-year Illinois CREP Grant of Conservation Right and Easement Agreement, with no current violations, in a new Illinois CREP Grant of Conservation Right and Easement Agreement for an additional 15 years or into perpetuity.

e) Acres are not eligible for Illinois CREP if enrolling that acreage would result in payments of greater than $500,000 or 5% of available Illinois CREP funds, whichever is less, for any given State of Illinois fiscal year to an individual, or consortium of governmental organizations, not-for-profit organizations, or mutually related benefiting organizations associated with a collective enrollment.

History

• Source: Amended at 46 Ill. Reg. 5986, effective March 30, 2022

17 Ill. Adm. Code 1515.30 Enrollment Process

a) IDNR will determine if enrollment for Illinois CREP is available based on Illinois CREP appropriations and availability of Federal CREP. IDNR will post notice of Illinois CREP availability on the IDNR CREP website.

b) Landowners enrolling acreage in Illinois CREP shall initiate the enrollment process through their local SWCD office. If their local SWCD is not participating in Illinois CREP, IDNR will direct the Landowner to an alternative SWCD.

c) Illinois CREP enrollment shall adhere to the following timing requirements:

1. Landowners enrolling acreage in an Illinois CREP Grant of Conservation Right and Easement Agreement that is subject to a Federal CREP contract enrolled before May 26, 2021 must execute the Illinois CREP Grant of Conservation Right and Easement Agreement prior to the termination date of the Federal CREP contract, unless an extension is granted by IDNR.

2. Landowners enrolling acreage in an Illinois CREP Grant of Conservation Right and Easement Agreement that is subject to a new Federal CREP contract after May 26, 2021 must execute the Illinois CREP Grant of Conservation Right and Easement Agreement within 18 months of execution of the Federal CREP contract, unless an extension is granted by FSA.

3. Landowners enrolling acreage in an Illinois CREP Grant of Conservation Right and Easement Agreement that is subject to an expired Federal CREP contract enrolling acreage, but is under an existing 15-year or 35-year Illinois CREP Grant of Conservation Right and Easement Agreement, have the following options:

A) Landowners may request a subsequent 15-year Illinois CREP Grant of Conservation Right and Easement Agreement within the last 18 months of an existing Illinois CREP Grant of Conservation Right and Easement Agreement.

B) Landowners may request the conversion of an existing Illinois CREP Grant of Conservation Right and Easement Agreement to a permanent Illinois CREP Grant of Conservation Right and Easement Agreement at any time.

d) IDNR or the associated SWCD shall assist the Landowner and conduct the enrollment process. Illinois CREP enrollment forms are available on the IDNR CREP website. A complete Illinois CREP enrollment application shall include the following:

1. Signed Illinois CREP enrollment application form;

2. Current Federal CREP Contract (CRP-1) and Federal CREP Worksheet (CRP-2C), if applicable;

3. Current Illinois CREP Grant of Conservation Right and Easement Agreement, if applicable;

4. Property identification information, including aerial photo or satellite imaging depicting the Federal CREP acreage; Illinois CREP Acreage; Additional Acres; and site access routes;

5. Deed;

6. Property tax bills;

7. Letter of commitment for grant of ingress/egress, if applicable;

8. Power of Attorney, if applicable;

9. Current Federal Conservation Plan or Schedule of Operation or an Illinois Conservation Management Plan; and

10. Any additional or clarifying information that may be requested by IDNR.

e) The Illinois CREP enrollment application will be submitted to the Technical Review Team.

1. The Technical Review Team shall conduct an initial review of the enrollment application to:

A) Determine if all required documents have been submitted;

B) Determine if the proposed Illinois CREP Acreage meets all eligibility requirements of Section 1515.20 ; and

C) Assign an application receipt date and enrollment number.

2. The initial review may result in:

A) Approval of the enrollment application for further evaluation;

B) Suggested changes in the application; or

C) Denial of the enrollment application with the basis or reasoning for the denial.

3. Upon approval of the enrollment application for further evaluation, the Technical Review Team shall conduct a technical review and negotiate terms of a proposed Illinois CREP Grant of Conservation Right and Easement Agreement to:

A) Document field conditions of the property, such as the presence of permanent structures, waste dumps, and other uses or conditions;

B) Analyze or review any new information obtained by the field review or other sources;

C) Prepare a preliminary Illinois Conservation Management Plan of the proposed acreage; and

D) Negotiate the following terms of the proposed Illinois CREP Grant of Conservation Right and Easement Agreement:

i) Specific acres to be enrolled;

ii) The Illinois CREP payment rate for the acres to be enrolled (see Section 1515.50);

iii) Estimated Illinois CREP Grant of Conservation Right and Easement Agreement payment;

iv) Estimated Illinois CREP cost-share payment, if any; and

v) Preliminary Illinois Conservation Management Plan.

4. Upon completion of the technical review and negotiation of the proposed Illinois CREP Grant of Conservation Right and Easement Agreement, the Technical Review Team may:

A) Approve the enrollment application for further processing of the proposed Illinois CREP Acreage, as identified; or

B) Deny the enrollment application, with the basis and reasoning for the denial.

f) The Landowner will be provided with a preliminary draft of the proposed Illinois CREP Grant of Conservation Right and Easement Agreement reflecting the negotiated terms.

1. If the Landowner approves of the preliminary draft, the Landowner shall provide the approval using a form provided by IDNR.

2. If the Landowner cancels or withdraws from the Illinois CREP enrollment process after providing written approval of the preliminary draft, but prior to the closing on the Illinois CREP Grant of Conservation Right and Easement Agreement, the Landowner shall be required to pay costs incurred by the SWCD and IDNR after the date of approval. These costs include: administrative costs for meetings and field visits; costs associated with completing Illinois CREP documents and executing the Illinois CREP Grant of Conservation Right and Easement Agreement; attorney fees; survey expenses; title work; and other SWCD costs. IDNR will send written notice to the Landowner requesting payment with a summary of the costs incurred from the written approval date through the date of cancellation or withdrawal.

g) IDNR will confirm the necessary title and land rights for the purchase of the Illinois CREP Grant of Conservation Right and Easement Agreement.

1. IDNR or SWCD and the Landowner shall address, if necessary, the following property issues including:

A) Title commitments and title insurance policies;

B) Mortgage subordinations, if applicable;

C) Survey of proposed acreage, if IDNR determines a survey is necessary; and

D) Any other appropriate property issues.

2. If IDNR determines that any condition of the property or its title is incompatible with the proposed Illinois CREP requirements, IDNR will notify the SWCD and the Landowner and suspend the Illinois CREP enrollment process until the incompatible condition of the property or in the property title is resolved. If the incompatible condition cannot be resolved on a timely basis, IDNR may terminate the enrollment process, with notice to the SWCD and the Landowner.

h) Upon IDNR approval of the necessary title and land rights, the SWCD or IDNR and the Landowner will close on the purchase of the Illinois CREP Grant of Conservation Right and Easement Agreement. All executed Illinois CREP Grant of Conservation Right and Easement Agreement shall be recorded with the local County Recorder.

i) If, at any time during the enrollment process set forth in this Section, IDNR determines that insufficient funds are available to complete the purchase of an Illinois CREP Grant of Conservation Right and Easement Agreement, IDNR or the SWCD will notify the Landowner of this situation and the enrollment process shall be delayed until sufficient funding becomes available. Should an enrollment process be delayed for lack of sufficient funds, the Landowner may elect to wait for sufficient funding or elect to terminate the enrollment process at no cost to the Landowner.

History

• Source: Amended at 46 Ill. Reg. 5986, effective March 30, 2022

17 Ill. Adm. Code 1515.40 Exceptions to Enrollment Process (repealed)

History

• Source: Repealed at 46 Ill. Reg. 5986, effective March 30, 2022

17 Ill. Adm. Code 1515.50 Payments

Illinois CREP payments will be based upon the following formulas:

a) Illinois CREP Grant of Conservation Right and Easement Agreement Payments

1. The payment for an initial permanent Illinois CREP Grant of Conservation Right and Easement will be a one-time payment equal to the total number of acres enrolled, multiplied by the Illinois CREP payment rate (calculated at the time of the preliminary agreement as the weighted average of the individual federal CRP soil rental rates determined by FSA associated with the three predominate soil map units within the Illinois CREP Acreage, on a per acre basis, exclusive of any federal incentive payments), multiplied by 30 years, multiplied by 15% to discount the partial restrictions on the property.

2. The payment for an initial 15-year Illinois CREP Grant of Conservation Right and Easement Agreement will be a one-time payment equal to the total number of acres enrolled, multiplied by the Illinois CREP payment rate (calculated at the time of preliminary agreement as the weighted average of the individual Federal CRP soil rental rates determined by FSA associated with the three predominate soil map units within the Illinois CREP Acreage, on a per acre basis, exclusive of any Federal CREP incentive payments), multiplied by 15 years, multiplied by 25% to discount the partial restrictions on the property.

3. The payment for a conversion of an existing Illinois CREP Grant of Conservation Right and Easement Agreement to a permanent Illinois CREP Grant of Conservation Right and Easement Agreement will be a one-time payment equal to the total number of acres enrolled, multiplied by the Illinois CREP payment rate (calculated at the time of the preliminary agreement as the weighted average of the individual Federal CRP soil rental rates as determined by FSA associated with the three predominate soil map units within the Illinois CREP Acreage, on a per acre basis, exclusive of any federal CREP incentive payments), multiplied by 30 years, multiplied by 15% to discount the partial restrictions on the property, the total of which is reduced by the amount equal to the original Illinois CREP Grant of Conservation Right and Easement Agreement payment.

4. The payment for a subsequent 15-year Illinois CREP Grant of Conservation Right and Easement Agreement within the last 18 months of an existing Illinois CREP Grant of Conservation Right and Easement Agreement will be a one-time payment equal to the total number of acres enrolled, multiplied by the Illinois CREP payment rate (calculated at the time of preliminary agreement as the weighted average of the individual Federal CRP soil rental rates, as determined by FSA, associated with the three predominate soil map units within the Illinois CREP Acreage, on a per acre basis, exclusive of any Federal CREP incentive payments), multiplied by 15 years, multiplied by 25% to discount the partial restrictions on the property.

b) Illinois CREP Cost-Share Payments

1. Landowners who enroll in a new Illinois CREP Grant of Conservation Right and Easement Agreement may receive cost-share payments if their current Federal CREP contract provides a federal cost share payment for the installation or maintenance of Federal CRP conservation practices.

2. The Illinois CREP cost-share payment will equal the cost-share payments provided by FSA to the Landowner for the establishment of Federal CRP conservation practices on Federal CREP Acreages.

c) Mechanics of Payment

1. The SWCD shall submit an invoice to IDNR indicating the Illinois CREP Grant of Conservation Right and Easement Agreement payment amount for the Landowner. Upon approval of the invoice, IDNR will submit a payment to the SWCD. The Illinois CREP Grant of Conservation Right and Easement Agreement payment will be distributed to the Landowner by the SWCD at closing.

2. The SWCD will submit an invoice to IDNR for the Illinois CREP cost-share payments. The Illinois CREP cost-share invoice must include copies of the associated FSA cost-share forms (FSA Cost-Share Agreement (FSA-848A) and FSA Cost-Share Performance Certification and Payment (FSA-848B)). Upon approval of the invoice, IDNR will submit a payment to the SWCD. Illinois CREP cost-share payments will be distributed to the Landowner by the SWCD.

History

• Source: Amended at 46 Ill. Reg. 5986, effective March 30, 2022

17 Ill. Adm. Code 1515.60 Violation (repealed)

History

• Source: Repealed at 46 Ill. Reg. 5986, effective March 30, 2022

17 Ill. Adm. Code 1515.70 Illinois Conservation Management Plans

a) Illinois CREP Acreage shall be operated and maintained by Landowners pursuant to an Illinois Conservation Management Plan for the duration of the Illinois CREP Grant of Conservation Right and Easement Agreement.

b) Illinois Conservation Management Plans are to be negotiated between IDNR and the Landowner during the Illinois CREP enrollment process. Illinois Conservation Management Plans are an enforceable component of the Illinois CREP Grant of Conservation Right and Easement Agreement.

c) Illinois Conservation Management Plans shall be designed to further the following Illinois CREP programmatic goals, listed in order of priority:

1. Protect and enhance water quality;

2. Protect and enhance general wildlife habitat;

3. Protect and enhance general aquatic habitat;

4. Protect threatened and endangered species; and

5. Promote outdoor recreation.

d) Illinois Conservation Management Plans document current Illinois CREP Acreage conditions and set forth conservation management strategies and actions. Plans will specifically address the following on enrolled acres:

1. Documentation of the status of the enrolled acres related to each of the programmatic goals set forth in subsection (c);

2. Required and recommended conservation management strategies and actions for Landowner implementation to meet the goals set forth in subsection (c);

3. Required and recommended direction on Landowner usage, development, and construction activities;

4. Required and recommended actions on roads or trails;

5. Required installation of Illinois CREP signage, if applicable;

6. Voluntary inclusion of scientific research, if applicable; and

7. Any other issues appropriate to the enrolled acres.

e) Illinois Conservation Management Plans may only be modified by written agreement of IDNR or an SWCD and the Landowner. Landowners must request modifications to their Plan in writing to IDNR or the SWCD. IDNR and the SWCD shall only approve requested modifications that:

1. Protect the Illinois CREP programmatic goals set forth in subsection (c); and

2. Apply to acreage that is not in violation of the Illinois CREP Grant of Conservation Right and Easement Agreement, unless the modification is part of an agreement to correct the violation.

History

• Source: Amended at 46 Ill. Reg. 5986, effective March 30, 2022

17 Ill. Adm. Code 1515.75 Monitoring Access, Landowner Information Requests, and Signage

a) The Landowner shall allow access to IDNR and SWCD for compliance monitoring and violation enforcement site visits and to take site photographs for each Illinois Grant of Conservation Right and Easement Agreement.

b) IDNR will provide copies of monitoring records, Illinois Conservation Management Plans, and Illinois CREP Grant of Conservation Right and Easement Agreement upon request.

c) The Landowner shall meet with the SWCD or IDNR, as requested, to discuss any provision of the Illinois CREP Grant of Conservation Right and Easement Agreement in order to resolve all issues of noncompliance and violations.

d) Landowners shall install and maintain Illinois CREP signage, if signage is provided by IDNR. Signage will be located as described in the signage terms of the Illinois Conservation Management Plan.

History

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

17 Ill. Adm. Code 1515.80 Modifications to Grant of Conservation Right and Easement (Repealed)

History

• Source: Repealed at 46 Ill. Reg. 5986, effective March 30, 2022

Chapter I Department of Natural Resources

Subchapter d Forestry

Part 1515 Conservation Reserve Enhancement Program (crep)

17 Ill. Adm. Code 1515.90 Violations

a) Landowners are solely responsible and liable for complying with the terms of the Grant of Conservation Right and Easement Agreements.

b) Upon determination of a violation of an Illinois CREP Grant of Conservation Right and Easement Agreement, IDNR or the SWCD shall proceed as follows:

1. If it is determined that there is a reasonable probability that the violation will be corrected by agreement with the Landowner, a notice of violation shall be provided to the Landowner and shall include:

A) Information identifying the violation and the location of the acreage;

B) Citation to the term of the Illinois CREP Grant of Conservation Right and Easement Agreement violated;

C) Required corrective action to cure the violation; and

D) Time period for the required corrective action.

2. If it is determined that there is not a reasonable probability that the violation will be corrected by agreement with the Landowner, that the violation was intentional, or that the violation will cause significant damage to the acreage, the violation will be directly referred for enforcement as set forth in subsection (f).

c) IDNR or the SWCD may negotiate terms for correcting a violation. If the parties agree to terms different than the original notice of violation, an amended notice of violation will be issued to the Landowner.

d) IDNR or the SWCD may cause a notice of violation to be recorded with the County Recorder's Office in the county where the Illinois CREP Acreage is located. If a notice of violation is recorded, IDNR or the SWCD will likewise record any amended notice of violation.

e) If the Landowner satisfactorily corrects a violation, IDNR or the SWCD shall issue a notice of corrected violation to the Landowner. IDNR or the SWCD will also record the notice of corrected violation, if a notice of violation was filed pursuant to subsection (d).

f) If the Landowner fails to satisfactorily correct a violation, IDNR or the SWCD shall refer the violation to the Illinois Attorney General, or other appropriate entity, for judicial enforcement. Judicial enforcement of an Illinois CREP Grant of Conservation Right and Easement Agreement may result in the following:

1. Correction of the violation;

2. Payment of all costs associated with the enforcement action; and

3. Payment of a civil penalty based on the culpability of the Landowner and the significance of the damage to the acreage, not to exceed the amount of the Landowner's Illinois CREP Grant of Conservation Right and Easement Agreement payment.

g) Payments for violations by the Landowner shall not be construed as a buy-out of the Illinois CREP Grant of Conservation Right and Easement Agreement by either IDNR or the SWCD and shall not release the Landowner from, or waive any terms of, the Illinois CREP Grant of Conservation Right and Easement Agreement.

h) Payments for violations of Illinois CREP Grant of Conservation Right and Easement Agreement shall be deposited into the Illinois Habitat Fund (see 520 ILCS 25).

History

• Source: Amended at 46 Ill. Reg. 5986, effective March 30, 2022

17 Ill. Adm. Code 1515.EXHIBIT A Map of Eligible Area in Illinois and Kaskaskia River Watersheds

History

• Source: Amended at 46 Ill. Reg. 5986, effective March 30, 2022

17 Ill. Adm. Code 1515.EXHIBIT B List of Crep Eligible Illinois Soil and Water Conservation Districts (repealed)

History

• Source: Repealed at 46 Ill. Reg. 5986, effective March 30, 2022

Part 1523 Partners for Conservation - Ecosystems Program

17 Ill. Adm. Code 1523.10 Program Objective

The Ecosystems Program of Conservation 2000 ("Ecosystems Program") was developed by the Illinois Department of Natural Resources to establish and protect a system of representative, functioning ecosystems in both public and private ownership. The Ecosystems Program provides technical, policy, administrative and financial assistance to Ecosystem Partnerships that are watershed or ecosystem based coalitions of individuals and organizations that are cooperating to improve the natural resource base of the watersheds where they live, work, and play, while promoting compatible and sustainable economic activity. It is the objective of the Ecosystems Program to promote the formation of these Ecosystem Partnerships. Adoption of bylaws is the most important foundation upon which each Ecosystem Partnership is built. It is the intent of the Department that each Ecosystem Partnership execute the responsibilities contained in this Part through an open and democratic process that provides an opportunity for broad participation of interested groups and individuals representing a cross section of geographic areas. Ecosystem Partnerships are encouraged to seek and gain non-profit status to be legally recognized. The Ecosystem Program promotes habitat preservation, restoration and enhancement of natural ecosystems within the context of the human environment. The mission of the Ecosystems Program is to monitor, maintain, enhance and restore the biodiversity and ecological conditions of Illinois' landscapes through local partnerships.

History

• Source: Amended at 27 Ill. Reg. 1144, effective January 9, 2003

17 Ill. Adm. Code 1523.20 Definitions

"Best Management Practices (BMPs)" include a broad range of conservation practices that individually or in combination help to reduce or prevent adverse impacts to the landscape or ecosystem.

"Comprehensive Environmental Review Process (CERP)" means the internal process used by the Department to review its actions, including funding of grants or projects, to insure the greatest protection of all natural and cultural resources to the extent possible and for compliance with Illinois and federal environmental statutes regarding the protection of vulnerable natural or cultural resources, including but not limited to, natural areas, wetlands, threatened and endangered species, and archeological sites.

"Conservation 2000 Administrator" means the Ecosystems Division Administrator charged with the responsibility for the development of policy, management and administration of Conservation 2000 for the Department.

"Department" means the Illinois Department of Natural Resources.

"Director" means Director of the Illinois Department of Natural Resources, or his designee.

"Ecosystem Administrator " means a regional Department staff person who is the primary contact to an Ecosystem Partnership.

"Ecosystem Partnership " means a coalition of individuals and organizations, designated by the Director, who work cooperatively to promote habitat preservation, restoration and enhancement of natural ecosystems within the context of the human environment. The term partnership does not meet the legal criteria of a partnership as defined in the Uniform Partnership Act [805 ILCS 205].

"Ecosystem Partnership Area" means the area within the boundaries of a designated Ecosystem Partnership as requested by and on record with the Department.

"Ecosystem Partnership Support Grant" means a grant made to Ecosystem Partnerships to provide funding to help with expenses incurred in the areas of maintenance, education, communication and administration.

"Ecosystem Project Grants " means competitively funded projects designed to protect, enhance or restore biodiversity of ecosystems, in a manner that is compatible with economic development and sustainable land use practices within specific Ecosystem Partnership Areas within the following criteria :

"Habitat Grant" means a category of grant that will result in the installation of land and water management, creation, restoration and enhancement practices that promote increased biodiversity or improved ecological functions. These practices should follow the Program Guidance, be based upon habitat restoration literature or commonly used habitat restoration practices, have long-term ecological benefits, and be as self-sustaining as possible.

"Land Acquisition/Easement Grant" means a category of grant that will result in 30 year/perpetual easements and fee simple acquisitions that protect habitat and restore ecosystem functions.

"Outreach/Education Grant" means a category of grant that will result in projects that reach a target audience, informing them of the importance of or techniques used in the restoration, preservation, and/or management of ecosystems and biodiversity.

"Planning Grant" means a category of grant that will result in development of plans that integrate Ecosystem Partnership goals with Program Guidance principles and/or with the mission of related and relevant programs.

"Research Grant" means a category of grant that will result in investigation, data analysis, and research of ecological factors in the Ecosystem Partnership Area that can be used to advance Ecosystem Partnership goals and the Ecosystem Program's mission.

"Resource Economics Grant" means a category of grant that will result in unique economic development projects directly associated with human access or sustainable non-destructive use of an ecosystem.

"Local Partnership Council (LPC)" means the governing body of the Ecosystem Partnership.

"Program Guidance" means a document developed and released by the Department that provides periodic updates on the mission, goals, objectives, and direction of Conservation 2000. The document expands upon the 9 criteria that define the role of an Ecosystem Partnership which are to: acquire, protect and restore natural resources of local and State significance; acquire, preserve, and restore habitat areas that meet minimum functional habitat area guidelines; develop and implement restoration/recovery of species "guilds" or insure diversity of habitat; create, protect, and restore adequate buffer to protect sensitive habitats from non-compatible land uses; connect habitat areas; use ecosystem-based Best Management Practices; restore and naturalize hydrologic functions; develop educational strategies that complement ecosystem protection, restoration and enhancement activities; integrate research and monitoring into partnership and program work; integrate the ecosystems program with other local, State and federal programs and initiatives.

"Vision Plan" means a strategic document developed by an Ecosystem Partnership that identifies natural resource issues and provides realistic ecosystem-based strategies that should be undertaken to achieve a set of desired goals and objectives. The Vision Plan outlines citizens', local governments', private organizations' and businesses' role in the stewardship of the Ecosystem Partnership Area's natural and cultural resources. The Vision Plan will follow an outline and results-based planning framework (Vision Plan Framework) developed by the Department's Ecosystems Division.

"Vision Plan Framework" means a guidance document developed by the Department's Ecosystems Division outlining a process and requirements for developing a Vision Plan. The Vision Plan Framework will be updated as necessary and provided to Ecosystem Partnerships.

History

• Source: Amended at 27 Ill. Reg. 1144, effective January 9, 2003

Chapter I Department of Natural Resources

Subchapter d Forestry

Part 1523 Partners for Conservation - Ecosystems Program

17 Ill. Adm. Code 1523.30 Ecosystem Partnership Designation

a) A coalition of individuals, groups and/or organizations interested in being designated as an Ecosystem Partnership may request designation by writing the Director and providing:

1. Their organizing principles, mission statement, constitution, charter, statement of purpose and goals.

2. A map of the boundaries of the proposed Ecosystem Partnership.

3. The signature of each initial member in the proposed Ecosystem Partnership must be included in the Ecosystem Partnership letter of request to the Director. Included in the list should be each member's address, telephone number, fax number, e-mail address, and affiliation, and a description of the interests the member represents.

4. From the list of initial members, a list of proposed temporary board members in the proposed Ecosystem Partnership.

5. A description of the Ecosystem Partnership Area's natural resources, and the condition and significance of those resources.

6. Letters of support from businesses, organizations, etc., within the Ecosystem Partnership Area.

b) The Director shall grant or deny designation as an Ecosystem Partnership in writing within 90 days after the receipt of the request. The Director shall consider the following criteria in reaching that decision:

1. The relationship between the mission or purpose of the proposed Ecosystem Partnership and the mission and policies of the Department and Conservation 2000.

2. The natural resource significance of the ecosystems or watersheds proposed for inclusion in the proposed Partnership Area.

3. The representation of diverse interests associated with the proposed Ecosystem Partnership.

4. The coalition's potential ability to achieve its stated goal.

5. Technical and financial resources available for program expansion.

6. Other potential local support for the proposed Ecosystem Partnership.

c) The letter of designation from the Director shall be the official notification to the prospective Ecosystem Partnership that it has met the requirements in subsections (a) and (b) and has received Ecosystem Partnership designation. Maintenance of this designation is contingent on the fulfillment of the criteria contained in Section 1523.50.

d) The initial list of LPC temporary board members submitted to the Director and approved in the Director's letter of designation for the Ecosystem Partnership shall serve for a period not to exceed 9 months from the designation date. No official business can be conducted by the temporary board members until they organize and elect a Chairperson, Vice-Chairperson and Secretary/Treasurer. These LPC officers and the temporary board members shall then prepare and adopt bylaws that meet the criteria set forth in Section 1523.40, at a meeting open to the public, and perform other duties as may be required for the Ecosystem Partnership to become established and to operate. Procedures to record the minutes of all meetings held throughout this process must be in place and a copy of those minutes must be provided to the designated Ecosystem Administrator and the Conservation 2000 Administrator, and shall be made available to members of the public.

History

• Source: Amended at 27 Ill. Reg. 1144, effective January 9, 2003

17 Ill. Adm. Code 1523.40 Ecosystem Partnership Bylaws

Bylaws shall be adopted by a simple majority of the Ecosystem Partnership members and temporary board members designated by the Director within 9 months after Department designation as an Ecosystem Partnership. Ecosystem Partnerships previously designated by the Director, as provided in Section 1523.30, that do not have formally adopted bylaws meeting the following criteria shall adopt bylaws consistent with the minimum criteria set forth in this Section after September 1, 2003. A copy of the approved bylaws must be sent to the designated Ecosystem Administrator and to the Conservation 2000 Administrator. Bylaws shall contain, but are not limited to, the following:

a) Name of Ecosystem Partnership.

b) Purpose and goals of Ecosystem Partnership.

c) Mailing address for the Ecosystem Partnership.

d) Criteria establishing what constitutes a quorum for official business of either the LPC, standing committees or special committees.

e) Procedures to amend the bylaws.

f) Procedures to establish or define the role of standing and special committees.

g) Procedures to ensure that there is not a conflict of interest on behalf of a member of the LPC during the evaluation and scoring of Ecosystem Project Grant applications. Any member of the LPC who is eligible to evaluate and score these grant applications must excuse themselves from the evaluation or scoring of applications of an entity on which they are a board member, staff or officer, or in which a member of their immediate family might directly benefit. Records of all actions and decisions must be kept by the Ecosystem Partnership and members scoring projects must disclose their affiliation with any organization submitting an Ecosystem Project Grant application through the individual LPC. The composite score of each grant application shall be made available to the public upon request.

h) Eligibility criteria to become a member of the Ecosystem Partnership.

i) Eligibility criteria for an individual or member of an organization to serve as an officer, board member or committee member of the LPC.

j) Procedures for open nomination and election of board members and officers.

k) Eligibility criteria for an individual or organization to vote for members and/or officers on the LPC.

l) Term for which elected LPC board members and officers shall serve.

m) Procedure to elect LPC board members and officers.

n) Provisions to promote and include participation by a broad range of interested groups and individuals within the Ecosystem Partnership Area.

o) Criteria for board members and officers to maintain good standing within the LPC.

p) Procedures to record the minutes of every meeting and to adopt, maintain and distribute those minutes, including providing copies to the designated Ecosystem Administrator and the Conservation 2000 Administrator, and making copies available to members of the public.

q) Criteria for members to maintain good standing within the Ecosystem Partnership.

r) Procedures to notify the public of meetings, including insuring that the pertinent details are published no less than 10 days in advance of meetings in a newspaper with general circulation within the Ecosystem Partnership Area. Meetings shall be open to the public, except for the purpose of discussing personnel issues and evaluation and scoring of Ecosystem Partnership Grant applications. The LPC may elect to evaluate and score Ecosystem Project Grant applications in a meeting not open to the public if all grant applicants are notified of the proposed meeting and the LPC follows all requirements outlined in subsection (g).

s) A schedule of meetings (at least once per quarter in a calendar year). This schedule must be published in a newspaper with general circulation within the Ecosystem Partnership Area.

t) Procedures for maintaining and adjusting the boundaries of the Ecosystem Partnership Area.

u) Procedures to dissolve the Ecosystem Partnership and to distribute assets. All assets purchased with Department funds shall be returned to the Department.

v) Procedures to notify the public of the Ecosystem Project Grant process and deadlines, including insuring that the pertinent details are published no less than 10 days in advance of deadlines in a newspaper with general circulation within the Ecosystem Partnership Area.

w) Criteria to score and rank Ecosystem Project Grant applications.

x) Procedures to retain and maintain all records, including financial, of the Ecosystem Partnership.

History

• Source: Amended at 27 Ill. Reg. 1144, effective January 9, 2003

17 Ill. Adm. Code 1523.50 Evaluation of Ecosystem Partnership

The Department will review the status of each Ecosystem Partnership, after the third year following designation of the Partnership. Based upon this review, the Director may reaffirm the designation, withdraw the designation, or place the partnership on probation. If placed on probation, the Ecosystem Partnership must correct the issues of concern within 12 months from the receipt of written notification that the Ecosystem Partnership has been placed on probation. The written notification will detail the issues the Department has identified. If the issues are not resolved to the Department's satisfaction within the 12 month period, the Director will withdraw designation. If the designation is withdrawn, the Ecosystem Partnerships will no longer be eligible for Ecosystem Partnership support, Vision Plan or project funding. The Department's review shall consider, at a minimum, the following criteria:

a) Whether the Ecosystem Partnership continues to meet the conditions set forth in this Part.

b) Whether the Ecosystem Partnership has demonstrated sound fiscal accountability and complied with the terms and conditions of grants awarded it.

c) Whether the Ecosystem Partnership has completed an Ecosystem Vision Plan, or equivalent plan, and is implementing provisions of the plan.

d) Whether the Ecosystem Partnership has demonstrated progress towards meeting adopted goals.

e) Whether the actions of the LPC maintain the integrity of the program and are consistent with the mission and intent of the Ecosystems Program.

f) Whether the Ecosystem Partnership has sought and gained non-profit status.

g) Whether quality grants were submitted in the Ecosystem Partnership Area and whether the Ecosystem Partnership tracked and monitored funded grants to ensure that they were executed and completed in a timely manner.

h) Whether the Ecosystem Partnership utilizes natural resource monitoring to show progress towards improving biodiversity and ecosystem health.

i) Whether the Ecosystem Partnership has the ability to integrate research and data collection efforts with statewide data collection, management storage and retrieval systems.

History

• Source: Amended at 27 Ill. Reg. 1144, effective January 9, 2003

17 Ill. Adm. Code 1523.60 Ecosystem Vision Plan Grants

a) Ecosystem Partnerships are expected to use sound information based upon good science in developing Vision Plans. Vision Plans will provide guidance on ecosystem-based natural resource protection, maintenance and enhancement and be used to prioritize funding opportunities for further planning and project grants. Subject to sufficient funding, the Department will annually allocate a prescribed dollar amount for the development of Vision Plans by Ecosystem Partnerships. The amount allocated for a Vision Plan Grant shall be commensurate with the needs identified in the scope-of-work. The scope-of-work will provide information consistent with subsection (b) of this Section.

b) The Vision Plan Framework describes the steps that an Ecosystem Partnership needs to take to make sound natural resource planning and management decisions by using good science. It also guides Ecosystem Partnerships through the steps to be taken to develop and organize a Vision Plan document. The Vision Plan Framework specifically provides guidance on the development of a social inventory for the partnership area; development of a cultural resource inventory; assessment of physical and biological natural resource information; identification of issues and concerns; development of a purpose and vision statement; identification of goals, objectives, strategies, and action items; identification of ecosystem based best management practices to help solve identified problems; development of a work plan and implementation strategy; development of a monitoring strategy for tracking plan implementation; encouragement to use volunteer support to conduct physical project monitoring using established protocols; development of a public/stakeholder participation summary and creation of an executive summary.

c) Ecosystem Partnerships interested in developing a Vision Plan must submit a letter requesting consideration for an Ecosystem Vision Plan Grant to the Conservation 2000 Administrator. The Conservation 2000 Administrator will review the request and send a Vision Plan Framework application packet to the applicant. The packet will include the Vision Plan Framework, the Program Guidance and other materials that could be used to help guide the planning process. At minimum, every applicant must submit a scope-of-work that addresses tasks outlined in the Vision Plan Framework and that identifies:

1. The purpose.

2. The expected outcomes.

3. The plan development process, including: the tasks required to complete the planning process, members of the planning team, party or parties responsible for writing the plan, and the primary liaison with the Ecosystems Program of the Department.

4. Any data needs.

5. Resource and economic concerns to be addressed, including ecological values, socioeconomic values, and protection and management issues, so far as they may be known.

6. Coordination efforts with other local, regional, or State agencies, institutions, or organizations.

7. Subgrantees or subcontractors.

8. A timetable for project completion.

9. An itemized budget.

History

• Source: Amended at 27 Ill. Reg. 1144, effective January 9, 2003

17 Ill. Adm. Code 1523.70 Ecosystem Project Grants

Ecosystem Project Grants are competitively selected grants to conduct projects in Ecosystem Partnership Areas. Matching dollars are not required, although the rate of match will be considered as a competitive criterion. However, an approved grant that has a match commitment shall be required to document that match. Ecosystem Projects are awarded in 6 categories: Habitat, Research, Outreach/Education, Resource Economics, Planning, and Land Acquisition/Easement. In Habitat or Land Acquisition/Easement projects, if funding is sought for habitat enhancement practices, the grantee must comply with Section 1523.160. If it is more expeditious to fund an Ecosystem Project with another municipal, State, or federal agency through an intergovernmental agreement, rather than a grant agreement, this mechanism may be utilized as an alternative. All other conditions for a grant agreement expressed in this Section must be incorporated as conditions of the intergovernmental agreement.

History

• Source: Amended at 27 Ill. Reg. 1144, effective January 9, 2003

Chapter I Department of Natural Resources

Subchapter d Forestry

Part 1523 Partners for Conservation - Ecosystems Program

17 Ill. Adm. Code 1523.80 Ecosystem Project Grant Eligibility

Any individual, organization, or corporation may apply for grants to undertake Ecosystem Projects within Ecosystem Partnership Areas. However, individuals and entities are not eligible to apply for Land Acquisition Easement project grants to acquire or purchase an easement in land in which they possess any ownership or financial interest. A qualified third party, as defined at Section 2 of the Real Property Conservation Rights Act [765 ILCS 120/2], must submit and administer an Ecosystem Project Grant and hold the easement or title to all lands purchased by this program. Further, an individual or entity possessing any ownership or financial interest in the land must not have any ownership or financial interest in the third party submitting or administering a grant or holding title or easement.

History

• Source: Amended at 27 Ill. Reg. 1144, effective January 9, 2003

17 Ill. Adm. Code 1523.90 Ecosystem Project Grant Application Process

Pending the availability of funding, applications for an Ecosystem Project Grant must be submitted to the Department's Ecosystems Division in Springfield, Illinois as listed in Section 1523.170 by December 15. The grant application must be typed and submitted electronically via Internet by December 15 or, if mailed, postmarked on or before December 15. If the grant application is submitted online, the grant application is due by 5:00 p.m. on December 15. Project applications must be submitted either online at the Department's Ecosystems Program website (http://www.dnr.illinois.gov) or typed on official forms to be considered for funding. Grant application forms may be downloaded from the Department's Ecosystems Program website or requested from the Partners for Conservation Administrator at the contact address, telephone number or email address listed in Section 1523.170. Applications will not be accepted by facsimile machine. The Department encourages applications be submitted over the Internet.

History

• Source: Amended at 34 Ill. Reg. 19844, effective December 8, 2010

17 Ill. Adm. Code 1523.100 Ecosystem Project Grant Application

a) An applicant for an Ecosystem Project Grant must submit a description of the proposed Ecosystem Project on the required application. The application shall be prescribed by the Department and is available from the program contact location described in Section 1523.170.

b) The application shall at a minimum require:

1. The name of the Ecosystem Partnership Area in which the Ecosystem Project is to be located.

2. The name and address of the applicant and of a contact person, if different than the applicant.

3. A project title.

4. A project abstract.

5. A description of and justification for the proposed project based upon the criteria outlined in Section 1523.110(b)(2).

6. Sufficient information to locate the proposed project.

7. A project budget identifying, at a minimum, the requested amount of Conservation 2000 funds, any matching funds or in-kind services.

8. The attachment of a U.S. Geological Survey map (1:24,000 topographic maps) and design plans to allow the site-specific assessment of potential natural resource impacts of projects that will alter vegetation or otherwise alter surface features and to identify potential properties for land acquisitions/easements.

9. The application must be type written if it is not submitted electronically.

c) The application may also include attachments beyond those required in subsection (b)(8). All supplemental attachments will be kept on file at the program's central office in Springfield; however, at the discretion of the Conservation 2000 Administrator, not all attachments may be distributed for the grant review process.

d) Grant applications may be modified by the Conservation 2000 Administrator with concurrence from the applicant.

History

• Source: Amended at 27 Ill. Reg. 1144, effective January 9, 2003

Chapter I Department of Natural Resources

Subchapter d Forestry

Part 1523 Partners for Conservation - Ecosystems Program

17 Ill. Adm. Code 1523.110 Review of Ecosystem Project Grant Applications

a) Applications meeting the requirements set forth in Section 1523.100 will be provided to the appropriate Ecosystem Partnership for the LPC to review, score and provide recommendations for funding according to procedures outlined in the Ecosystem Partnership bylaws. The LPC shall evaluate Ecosystem Project Grant applications based upon: criteria as set forth in the definition of Program Guidance; and goals and objectives of the Ecosystem Partnership including the Vision Plan. In the review, each LPC will provide a score to the Department based upon a consistent statewide numeric standard procedure provided by the Department.

b) Department staff will also make recommendations for funding to the Director based on a review process and the collective evaluation of the following:

1. The ratio of matching dollars and value of in-kind services to the requested Conservation 2000 dollars.

2. The project's Natural Resource Evaluation. The Natural Resource Evaluation is designed to assess the relative natural resource benefit of a project using the criteria set forth in the definition of Program Guidance within each of the 6 Ecosystem Project categories: Habitat, Research, Outreach/Education, Resource Economics, Planning and Land Acquisition/Easement.

A) The Natural Resource Evaluation for Habitat and Land Acquisition/Easement projects will take into consideration:

i) Appropriateness of the project as reflected by the project's relationship to existing plans, Department policies and objectives, and current scientific understanding.

ii) The duration of the habitat protection or improvement practice, and potential cumulative benefits in relation to previously funded practices.

iii) The ecological ramifications of a project. For example, use of exotic species detracts from the ecological benefits of a project; use of native species enhances the ecological benefits of a project; multi-species benefits increase overall ecological benefits; and projects that address restoration of ecosystem functions offer the greatest benefits.

iv) Relative cost effectiveness.

v) Follow-up monitoring of effectiveness of a project. Projects including follow-up monitoring will receive greater consideration.

B) The Natural Resource Evaluation for Research projects will take into consideration:

i) The degree to which the proposed research helps formulate or advance partnership goals and any existing watershed management goals or plans.

ii) Validity of the research design and methodology.

iii) Expertise of the investigators.

iv) Appropriateness of the budget, given the scope and time line for the project.

v) Availability of the research results. The results of the investigation must be made available to the Ecosystem Partnership and the Department, at a minimum, in a timely manner after completion of the research.

C) The Natural Resource Evaluation for Outreach/Education projects will take into consideration:

i) Relationship to a resource management plan or, in the absence of a plan, the Department's educational and/or resource management goals.

ii) The breadth of the audience to be reached.

iii) The quality of the educational materials to be produced or utilized in the outreach effort.

iv) Measures included to ensure technical accuracy of written materials and consistency with stated Department policies.

v) Efforts to assess the effectiveness of outreach efforts.

D) The Natural Resource Evaluation for Resource Economics projects will take into consideration:

i) The relationship between the proposed project and the Ecosystem Partnership's goals.

ii) The relationship between project cost and direct economic benefits to be generated.

iii) Validity of models and statistical techniques employed in forecasting economic benefits.

iv) The potential applicability of project results to other Ecosystem Partnerships.

E) The Natural Resource Evaluation for Planning projects will take into consideration:

i) Quality and validity of the planning effort with respect to the diversity and breadth of stakeholder involvement.

ii) Quality of the planning effort with respect to the degree the natural resource inventory information (particularly the quality, quantity and distribution of native habitat information) has been inventoried and incorporated as green infrastructure and a framework for planning.

iii) The relationship between the Ecosystem Partnership's currently proposed planning effort and its past planning efforts and past performance. (What was the success of past planning? Is this planning effort building upon earlier planning; i.e., Vision Plan?)

iv) The potential applicability to other Ecosystem Partnerships as a planning process.

3. The project's Ecosystem Partnership Performance Evaluation. The Ecosystem Partnership Performance Evaluation is based upon the relationship of the proposed project to the Ecosystem Partnership's:

A) Stated goals and any published watershed plan endorsed by the Ecosystem Partnership.

B) Planning efforts that meet the standards of Section 1523.60.

C) Use of volunteers (whose efforts have not been included as in-kind match) in implementation.

D) Participation of multiple partners with a high level of coordination between partners.

E) Past grant performance, if the applicant has previously received funding under this program.

F) Potential for educational interpretation of amenities to be developed as part of the project.

G) Consistency of the application with the Program Guidance.

H) Ability to integrate research and data collection efforts with statewide data collection, management storage and retrieval systems.

4. Results of the Department's Comprehensive Environmental Review Process (CERP). The CERP assesses the potential for negative natural resource impacts and project conformance with other natural resource regulatory statutes.

5. Other factors, such as the criteria set forth in the definition of Program Guidance, special funding, relationship to Departmental initiatives and plans including the Statewide Comprehensive Outdoor Recreation Plan, potential value to other Ecosystem Partnerships, etc., will be considered, when applicable, to the selection of projects.

History

• Source: Amended at 27 Ill. Reg. 1144, effective January 9, 2003

17 Ill. Adm. Code 1523.120 Selection and Notification of Ecosystem Project Grant Awards

The Director shall select projects for funding based on the recommendations of the Ecosystem Partnerships and of Department staff participating in the evaluation processes described in Section 1523.110. Project selections will be publicly announced and successful applicants will be notified. Upon notification, successful applicants will be allowed 30 days to review their application. Within this 30 day period, the applicant must contact its Ecosystem Administrator to request revisions, if required, to its application. The application will be the basis for the Department to generate a scope-of-work. At the end of the 30 day period, the Department will develop a grant agreement and the scope-of-work will be incorporated in, and made a part of, the grant agreement. The grant agreement will be mailed to the applicant. The applicant must not begin work until it receives a fully executed copy signed by the Director or is given written authority to proceed by the Department.

History

• Source: Amended at 27 Ill. Reg. 1144, effective January 9, 2003

17 Ill. Adm. Code 1523.130 Ecosystem Partnership Support Grants

Upon a determination by the Director that it will benefit the work of the Ecosystem Partnerships and subject to sufficient funding, the Department may provide grants for equipment, supplies, training, services, or other support to Ecosystem Partnerships. The Department shall formulate the conditions of the grant agreement and make Ecosystem Partnership Support Grants available, subject to the conditions of grant agreements, on a first-come first-served basis.

History

• Source: Amended at 27 Ill. Reg. 1144, effective January 9, 2003

17 Ill. Adm. Code 1523.140 Ecosystem Vision Plan, Project, and Support Grant Execution and Reimbursement

Payment of grant funds will be on a reimbursement basis. However, upon a determination the applicant is prepared to carry out the conditions of the grant, the Department may approve the advancement of grant dollars. No work is to begin until a grant agreement has been fully executed between the applicant and the Department, or written authority to proceed is given by the Department. Work begun before the date of execution of the grant agreement is not reimbursable.

a) With the Department's written approval, expenditures made by the applicant in support of an awarded project and made after the date of the press release announcing the award, but before the execution of a grant agreement, may be counted toward the required match. Should the applicant fail to expend the identified match dollars, the Department may prorate reimbursement of grant funds. To initiate a payment under the grant agreement, whether it be an advance payment, interim payment, or final payment, it must be requested through the Ecosystem Administrator appointed to each Ecosystem Partnership.

b) For approval of an advance payment the applicant must provide evidence of its capacity to begin implementation of a project. For reimbursement payments for completed work, beyond any advance payment and up to and including final payment, evidence of progress toward project completion as outlined in the grant agreement, documentation of the expenditure of the match share, and documentation of actual project expenditures must accompany all requests for reimbursement. Reimbursements for travel, lodging, and/or per diem shall not be above prevailing State rates set by the Governor's Travel Control Board. Upon signature of the reimbursement request by the Ecosystem Administrator, the reimbursement request and all supporting documentation must be forwarded to the Ecosystems Division at the contact address provided in Section 1523.170. If the supporting documentation is in order, the Department will process the required instrument to initiate payment. For final payment on a completed project, a final report must be received and approved by the Ecosystem Administrator and Conservation 2000 Administrator. The final report shall contain details of the methods used to fulfill the grant agreement and documentation of completion of the project in accordance with the terms and conditions of the grant agreement.

History

• Source: Amended at 27 Ill. Reg. 1144, effective January 9, 2003

Chapter I Department of Natural Resources

Subchapter d Forestry

Part 1523 Partners for Conservation - Ecosystems Program

17 Ill. Adm. Code 1523.150 Ecosystem Vision Plan, Project, and Support Grant Compliance Requirements

All recipients of the Ecosystem Vision Plan, Ecosystem Project or Ecosystem Partnership Support Grants must comply with the following program requirements:

a) The grantee must notify the media that the Ecosystem Vision Plan or Ecosystem Project has received funding from the State of Illinois, Department of Natural Resources, Conservation 2000 Fund. All publications, written documents, news articles, TV and radio releases, interviews and personal presentations that relate to this project must credit the Department's Conservation 2000 Ecosystems Program. A notice crediting the Conservation 2000 Ecosystems Program must be posted at the main entrance to any real property or interest in real property purchased under the program.

b) For grants or agreements that include the purchase of equipment, the grantee must provide a written report to the Department by March 31 for equipment purchased during the preceding calendar year (January 1 through December 31) and an equipment usage report must be submitted for each of the succeeding three calendar years after purchase. Equipment usage reports must include a detailed description of the equipment items, a description of habitat management accomplished, resources protected, theft prevention measures, property and license controls, and a quantitative measure of equipment usage. Equipment purchased by the grantee, under the terms of a grant, shall become the property of the grantee. Equipment acquired under this program may not be employed for commercial purposes, and may only be used for purposes similar to those described in the Ecosystem Vision Plan, Ecosystem Partnership Support or Ecosystem Project grant agreement.

c) The grantee must provide a written preliminary report to the Department within 90 days after receipt of notice of the award of Conservation 2000 Funds for conservation or habitat practices, land acquisition or a conservation easement. The report shall be for the portions of the property covered by a practice, acquisition or easement funded in part or solely by the Department. The report shall include specifics on the project site, ownership, conditions, changes, and any issues specified in the grant agreement. Thereafter, the grantee must provide to the Department a written report containing this same information once every 5 years throughout the life of the practice, throughout the duration of the easement, or as long as the acquisition is held in the grantee's ownership. It shall be the obligation of the grantee to ensure the reporting requirements are also binding on any successors or assigns.

d) If the purchase of equipment is part of an Ecosystem Vision Plan, Ecosystem Project or Ecosystem Partnership Support Grant, and the cost of that equipment, individually or in aggregate from the same vendor, meets or exceeds $25,000, the equipment must either be purchased through an established State, federal or municipal procurement process, or purchased through a competitive procurement process. In the latter case, documentation of invitation, submission, opening, evaluation, correction, withdrawal, and award of bids will be required for reimbursement. The Department reserves the right to require the grantee to use a written, competitive sealed bidding process for costs under $25,000.

e) If the purchase of professional or artistic services, computer equipment telecommunication equipment, software or services is identified as a project component, and the cost meets or exceeds $25,000, the grantee must use a written process for the solicitation of competitive sealed proposals, unless the grantee verifies, in writing, that competitive sealed bidding for a single procurement is not practical or advantageous; or the grantee documents, in writing, to the Ecosystems Division, that sole source procurement is the most economically feasible solution. The Department reserves the right to require the grantee to use a written, competitive sealed bidding process for costs under $25,000.

f) All equipment, materials, supplies or personal property purchased through the Ecosystems Program is subject to retrieval by the Department and/or reassignment by the Director upon dissolution of the grantee, abandonment of the Ecosystem Vision Plan process, Ecosystem Project or Ecosystem Support function, or as a result of grantee non-compliance with the terms and conditions of the grant. All property retrieved by the Department shall be reassigned by the Director for uses as similar as possible to the original Ecosystem Vision Plan process, Ecosystem Project or Ecosystem Partnership Support purposes.

g) Any real property or interest in real property purchased with State funds, in part or solely, under the Ecosystems Program must have a lien or conservation easement, as deemed appropriate by the Department, recorded on the property and must be available for inspection by Department staff to determine compliance with provisions of the purchase and/or provisions of the grant. Any diversion of such property from its stated uses shall be grounds for recovery of the funds granted toward purchase of the property. The grantee shall replace the property, upon a determination that a diversion has occurred, if the diversion is not addressed to the Department's satisfaction. The Department shall provide written acceptance of the proposed replacement property. Failure to comply with the notification and request for repayment will render the grantee ineligible for participation in this or any other Department grant or cost-share programs. Should the grantee fail to repay the grant funds plus interest, the Department reserves the right to avail itself of judicial means of recovery.

h) The grantee is fully responsible for and must assume all operation and maintenance costs and responsibilities associated with an Ecosystem Vision Plan process, or Ecosystem Project or Ecosystem Partnership Support Grant. The Department will not be responsible for any operation and maintenance costs associated with an Ecosystem Vision Plan process, Ecosystem Project, or Ecosystem Partnership Support function, unless that project has been implemented upon Department property, and only with approval prior to submission of the application for the project.

i) Any Conservation 2000 monies not expended or legally obligated at the completion of an Ecosystem Vision Plan process or Ecosystem Project, or during the term of an Ecosystem Partnership Support Grant, must be returned to the Department for deposit in the Conservation 2000 Fund within 45 days. Any expenditure by the grantee that does not comply with the grant will be disallowed and must be returned to the Department for deposit in the Conservation 2000 Fund. Conservation 2000 Fund monies received as an advance payment shall become part of the project principal and must be reported as a part of expenditure documentation. In accordance with Section 10 of the Illinois Grant Funds Recovery Act [30 ILCS 705/10] all interest earned on funds held by the grantee shall become part of the grant when earned. Any interest earned under the grant and not expended as grant principal during the term of the grant shall be returned to the Department.

j) No equipment, materials, supplies or real property purchased as part of an Ecosystem Vision Plan, Ecosystem Project or Ecosystem Partnership Support Grant shall be transferred or disposed of or used in a manner other than specified by the grant without approval of the Department.

k) If Department funds are used, partially or solely, to install land management practices on a property or acquire interests in real property, the grantee cannot develop or use that property in any manner that is not compatible with sustaining the practices or with perpetuating the ecological conditions that were preserved through the acquisition, respectively, unless otherwise specified in the terms and conditions of the grant. No changes or disturbance will be allowed by the grantee on that portion of the property covered by an Ecosystem Project, unless otherwise stipulated in the terms and conditions of the grant, without the written approval of the Director. The terms and conditions of this grant shall be binding on the grantee and any successors or assigns of interests in the real property.

l) If the terms and conditions allow the owner of any outstanding interest in real property acquired through an Ecosystem Project to undertake capital improvements, remove vegetation, disturb soil or similar activities with the grantee's approval, the grantee shall consult with the Department at least 60 days in advance of providing the owner with approval to proceed. The Department shall reply to the grantee, in writing, pursuant to the proposed action of the owner.

m) Department representatives must have reasonable access to an Ecosystem Project at any reasonable time during project development and after completion to assess progress or to ensure continuing compliance with program requirements.

n) Reports or informational, media, or publicity materials associated with an Ecosystem Vision Plan, Ecosystem Project or Ecosystem Partnership Support Grant must credit the Department and Conservation 2000 Ecosystems Program, and must stipulate that the Department has participated in the development of these materials through financial and other support but does not necessarily endorse all of the views expressed in the materials.

o) The grantee of an Ecosystem Vision Plan, Ecosystem Project or Ecosystem Partnership Support Grant must certify, in writing, that it will comply with all the terms and conditions of the grant agreement for that grantee's specific project.

History

• Source: Amended at 27 Ill. Reg. 1144, effective January 9, 2003

17 Ill. Adm. Code 1523.160 Natural Resources Cost-Share

a) The Department will provide incentives to landowners in the form of cost-share natural resource management practices. These cost-share practices will assist Ecosystem Partnerships in implementing ecosystem management practices and strategies. The success of each Ecosystem Partnership in contributing to an ecosystem based management strategy will depend to a great extent on the cooperation, commitment, and contributions of private landowners within each Ecosystem Partnership Area. The availability of cost-share assistance will further the mission of the Department and the goals of the Conservation 2000 Program. The Department may consult with and coordinate the development of their approved practices with other county, State and federal partners.

b) Installed practices shall meet recommended guidelines and specifications as detailed in the Natural Resources Conservation Service's (NRCS) Technical Guide IL-645-1, and Department adopted modifications to the NRCS Technical Guide for Illinois River 2020 conservation practices (April 2001). These specifications will be used for determining the need and practicality of a cost-share practice, for preparing plans in design and layout, and for certifying proper installation of a practice. Guidelines and specifications may be customized to address site specific ecological needs. Copies of these documents are available at the Department's office located at One Natural Resources Way, Springfield, Illinois 62702-1271, Department Regional Offices, County Soil and Water Conservation District (SWCD) offices, and local NRCS offices.

c) Eligible practices must be recommended in a Natural Resource Management Plan approved by the landowner and the Department. Approved practices will: promote the use of native plants (except where non-native plants can be justified); increase buffer widths; extend de-watering times, interspersion of habitat types, and control of exotic species; and promote the use of prescribed fire.

d) The landowner is responsible for installing, maintaining and performing all cost-share practices for no less than 10 years from the date of installation (date completed practice is approved by the Ecosystem Partnership and/or Department). Other parties, buyers, or heirs can assume custody, rights, privileges and obligations by signing an agreement to adopt the approved Natural Resource Management Plan. Conversion of a cost-share practice to another non-program land use prior to the expiration of the practice or the unwillingness of new owners to assume custody will require a 100% refund of the cost-share payment and a 15% per annum penalty fee.

e) The amount of reimbursement to a landowner from all sources may not exceed 100% of the base cost of the practice established by the federal Farm Service Agency (FSA). The base cost represents the amount upon which the cost-share maximum is derived. Federal cost-share program assistance will be used for initial payment when federal or other cost-share programs' practices are utilized concurrently with Conservation 2000; the cost-share rate shall equal the rate of the other concurrent cost-share program in effect in the county where the practice is installed.

f) Cost-share practices may be attempted a second time if practice failure was not the direct fault (determined by the Department or its designee) of the landowner. Consumption of renewable resources, as identified in the Natural Resource Management Plan, is allowed on cost-share practice areas. Recreational uses of cost-share practice areas is permitted, but shall be compatible with the management objectives specified in the Natural Resource Management Plan.

g) Cost-share funds shall not be used for the establishment or production of fruit and nut orchards, aquaculture, grass or forb seed production, greentree reservoirs, commercial campgrounds, irrigation systems, Christmas tree production, nurseries, licensed hunting preserves, road construction, bridges, gates, boundary fences, contour farming/strip cropping practices, no-till or strip-till planting systems, or establishment of pasture/haylands. Except as approved by the Department, exotic plants and animals shall not be knowingly released or cultured on cost-share practice areas.

h) Cost-share payments are reimbursements. Landowners will not be allowed advance payment for installing practices. Payments to landowners can only occur after the Department or its designee has certified completion of the approved practices. The grantee is responsible for the periodic inspections of all installed practices. Copies of these inspections shall be sent to the Department within four months after each inspection. Where non-compliance situations are determined, the landowner will be required, at his or her own expense, to take steps necessary to restore compliance or refund cost-share payments for those practices in non-compliance.

History

• Source: Amended at 27 Ill. Reg. 1144, effective January 9, 2003

17 Ill. Adm. Code 1523.170 Program Information/Contact

Illinois Department of Natural Resources

Office of Realty and Environmental Planning

Conservation 2000, Ecosystems Division

One Natural Resources Way

Springfield IL 62702-1271

Telephone: 217-782-7940

Website Address: http://dnr.state.il.us/orep/c2000/manage/partner

Email Address: ecoprg@dnrmail.state.il.us

History

• Source: Amended at 27 Ill. Reg. 1144, effective January 9, 2003

17 Ill. Adm. Code 1523.180 Program Information/Contact (repealed)

History

• Source: Repealed at 27 Ill. Reg. 1144, effective January 9, 2003

Part 1530 The Forest Products Transportation Act

17 Ill. Adm. Code 1530.10 Definitions

The following terms are defined as is set forth in Sections 2 through 2.07 inclusive of the Forest Products Transportation Act (the Act), as amended [225 ILCS 740/2-2.07]:

a) Department means the Department of Natural Resources.

b) "Tree" or "trees" means any tree, standing or felled, living or dead, and includes both those trees included within the definition of "timber" in Section 2 of the Timber Buyers Licensing Act [225 ILCS 735] and Christmas trees. The term does not apply to trees or parts of trees that have been cut into firewood.

c) "Forest product" means logs which can be used for sawing or processing into lumber for building or structural purposes, for the manufacture of furniture or for the manufacture of any article.

d) "Person" means any person, partnership, firm, association, business trust or corporation.

e) "Timber grower " means the owner, tenant or operator of land in this State who has an interest in, or is entitled to receive any part of the proceeds from, the sale of timber grown in this State and includes persons exercising authority to sell timber.

f) "Proof of ownership" means a printed document provided by the Department that serves as a written bill of lading. The information required in this document is established by Section 1530.60.

g) "Owner", when referring to trees or forest products grown or growing on public lands under the jurisdiction of the federal government, the State or any unit of local government or school district within the State, means the person empowered by law, or by action of the corporate authorities of the governmental entity pursuant to law, to sell or dispose of trees and forest products from the governmental lands.

History

• Source: Amended at 27 Ill. Reg. 7752, effective April 21, 2003

17 Ill. Adm. Code 1530.20 Intent of Forest Products Transportation Act

Nothing in this Act affects the rights of the owners of trees or forest products nor imposes any duties or liabilities on them not otherwise imposed by law. This Act is, rather, intended to protect the rights of the owners of trees and forest products as well as the interests of the public in trees and forest products on public lands.

17 Ill. Adm. Code 1530.30 Correspondence and Inquiries Regarding This Act

All correspondence and/or inquiries regarding this Act shall be directed to:

Department of Natural Resources

Office of Law Enforcement

One Natural Resources Way

Springfield IL 62702-1271

History

• Source: Amended at 27 Ill. Reg. 7752, effective April 21, 2003

17 Ill. Adm. Code 1530.40 Enforcement of Act

Any law enforcement officer employed and authorized by the State of Illinois, Department of Natural Resources, county or local municipality of and within the State of Illinois has the authority to apprehend persons violating any provision of the Forest Products Transportation Act and these Rules and Regulations and to cooperate with the Department in the enforcement of same.

17 Ill. Adm. Code 1530.50 Proof of Ownership

a) Any person hauling, conveying or transporting 2 or more "trees" or "forest products" or either of them (as defined herein), on any road or highway in this State shall be required to show proof of ownership or that such hauling, conveying or transporting is with the consent of the owner or duly authorized agent of the owner with respect to such "trees" or "forest products".

b) Complete "proof of ownership" shall be available for inspection at all times and shall be kept with the vehicle or other conveyance load.

c) A timber grower registration may be used in lieu of "proof of ownership" by timber growers transporting their own products.

d) Interstate haulers conveying forest products or trees whose origin was a state other than Illinois may show documents required by the Federal Motor Carrier Safety Administration as "proof of ownership".

History

• Source: Amended at 27 Ill. Reg. 7752, effective April 21, 2003

17 Ill. Adm. Code 1530.60 Requirements and Format for "proof of Ownership"

The "proof of ownership" required under the Act and as set forth in this Part shall be completed on forms provided by the Department and contain the following minimum information:

a) Point of origin. Shall be a legal description of the location of the timber, woodland, log yard, etc., and shall include the county, township, range and section of origin, when located outside corporate limits. Within corporate limits a street address or other usable location should be given.

b) Point of destination.

c) Seller's name, address, phone number and signature. "Seller's name" shall be the name of the timber grower, timber buyer or sawmill from which the timber was purchased. When timber is removed from a sawmill or concentration yard and transported to another location, the businesses/areas shall be identified as the "seller".

d) Transporter's name, address and phone number if different from buyers.

e) Buyer's (that person who now owns the transported forest products, tree or trees, as defined in the Act) name, address, timber buyer's license number (when applicable), phone number and signature.

f) Date over-the-road hauling will occur. This date may be a period of time that is inclusive of the timber purchase contract dates.

g) Statement that the "forest products, tree or trees" have been purchased from the designated seller or are being transported with knowledge and consent of the buyer or that the person in possession is an agent or employee of the buyer.

h) Date of purchase. For all purposes except the payment of harvest fees, the date of purchase shall be the date the purchase agreement was made. Harvest fees shall be due within one month after the quarter in which payments are made.

i) Daily hauling log. For each load of "forest products or trees" hauled, the transporter shall record the date the load was hauled, the number of logs, and the destination. Each record entry shall be signed by the driver of the conveyance hauling the "forest products or trees".

History

• Source: Amended at 27 Ill. Reg. 7752, effective April 21, 2003

17 Ill. Adm. Code 1530.70 Registration (repealed)

History

• Source: Repealed at 27 Ill. Reg. 7752, effective April 21, 2003

17 Ill. Adm. Code 1530.80 Violations (repealed)

History

• Source: Repealed at 7 Ill. Reg. 8765, effective July 15, 1983

17 Ill. Adm. Code 1530.90 Effective Date (repealed)

History

• Source: Repealed at 7 Ill. Reg. 8765, effective July 15, 1983

17 Ill. Adm. Code 1530.EXHIBIT A Purchase Agreement for Purpose of Transportation

Date

, 20

The undersigned seller: (Check one – if licensed buyer, must give license number)

Timber Grower

Sawmill

Concentration Yard

Timber Buyer

License No.

Phone: AC (

)

(Name)

(Address)

stipulates that the undersigned buyer,

(Name)

License Number

(Address)

Phone: AC (

)

has purchased from the seller "forest products, tree or trees"

List Species:

Removal from the seller's control shall be on,

or between

and

(Date)

(Date)

(Date)

If transportation is to be by conveyance other than the buyer's own means, the contracted transporter's name, address, phone number and status (employee, contract hauler, etc.) should be given here:

Point of origin (location of timber, woodland, log yard, etc.) by county, township, range and section number is:

Point of destination:

We hereby certify that the aforementioned forest products, tree or trees have been purchased from the designated seller or are being transported with the knowledge and consent of the buyer, and that the person in possession is an agent or employee of the buyer.

Date of purchase:

Signature of Seller

Signature of Buyer

Provide Daily Log of Loads Hauled on Reverse

History

• Source: Amended at 27 Ill. Reg. 7752, effective April 21, 2003

17 Ill. Adm. Code 1530.EXHIBIT B Daily Hauling Log

Date Hauled

Number of Logs

Destination

Driver's Signature

History

• Source: Added at 16 Ill. Reg. 8489, effective May 26, 1992

Part 1535 Timber Buyer Licensing and Harvest Fees

17 Ill. Adm. Code 1535.1 Definitions

"Act" means the Timber Buyers Licensing Act [225 ILCS 735].

"Agent" means any person acting on behalf of a timber buyer, employed by a timber buyer, or under an agreement, whether oral or written, with a timber buyer who buys timber, attempts to buy timber, procures contracts for the purchase or cutting of timber, or attempts to procure contracts for the purchase of cutting of timber. [225 ILCS 735/2]

"Department" means the Illinois Department of Natural Resources.

"Fair market value" means the price that property would sell for on the open market. It is the price that would be agreed on between a willing buyer and a willing seller, with neither being required to act, and both having reasonable knowledge of the relevant facts.

"Good standing" means any person who is not:

currently serving a sentence of probation, or conditional discharge, for a violation of this Act or administrative rules adopted under this Act;

owes any amount of money pursuant to a civil judgment regarding the sale, cutting, or transportation of timber;

owes the Department any required fee, payment, or money required under this Act; or

is currently serving a suspension or revocation of any privilege that is granted under this Act. [225 ILCS 735/2]

"Harvest fee" means:

an amount of money equal to 4% of the purchase price for timber between a timber buyer and a timber grower;

4% of the minimum fair market stumpage value, as determined by administrative rule, when the purchase price of timber between a timber buyer and a timber grower cannot otherwise be determined; or

4% of the minimum fair market stumpage value as determined by administrative rule utilized by a timber grower that was produced on land the timber grower owns or operates for sawing into lumber, for processing, or for resale and such timber or lumber is not the personal use of the timber grower.

"High value" means timber that is classified as sawtimber logs or veneer logs.

"Illinois Timber Prices Survey" means a survey published by the Illinois Department of Natural Resources that contains the lowest, highest and State average prices for stumpage and logs delivered to a mill.

"Liability insurance" means no less than $500,000 in insurance covering a timber buyer's business and agents that shall insure against the liability of the insured for the death, injury, or disability of an employee or other person and insurance against the liability of the insured for damage to or destruction of another person's property. [225 ILCS 735/2]

"Low value" means timber which is not classified as sawtimber logs or veneer logs.

"Sawtimber logs" means trees of commercial species at least 11.0 inches diameter breast height (dbh) containing at least a 8-foot sawlog or longer, up to a 6-inch top, that is free of major defects such as branches, forks, or diseased stem and can yield dimensional lumber.

"Stumpage value" means the value of timber as it stands uncut in terms of an amount per unit of volume expressed as dollar value per board foot for that portion of a tree or timber deemed merchantable by Illinois forest products markets. [740 ILCS 185/1]

"Timber" means trees, standing or felled, and parts thereof which can be used for sawing or processing into lumber for building or structural purposes or for the manufacture of any article. "Timber" does not include firewood, Christmas trees, fruit or ornamental trees, or wood products not used or to be used for building, structural, manufacturing, or processing purposes. [225 ILCS 735/2]

"Timber buyer" means any person licensed or unlicensed, who is engaged in the business of buying timber from the timber growers thereof for sawing into lumber, for processing or for resale, but does not include any person who occasionally purchases timber for sawing or processing for the person's his own use and not for resale. [225 ILCS 735/2]

"Timber grower" means the owner, tenant, or operator of land in this State who has an interest in or is entitled to receive any part of the proceeds from the sale of timber grown in this State and includes persons exercising authority to sell timber. [225 ILCS 735/2]

"Utilized" means timber harvested on the land a timber grower owns or operates for sawing into lumber, for processing, or for resale.

"Veneer logs" means a roundwood product from which veneer is sliced or sawn and that meets industry standards of minimum diameter, typically between 12 and 30 inches diameter breast height (dbh), that is straight, free of bow and crook, with four clear faces with minimal defect from knots, seams, peck, gum, ring shake, insect damage, color and mineral that can yield sheets of peeled veneer wood.

"Yearly quarter" means and are as follows:

Quarter 1 – January 1 through March 31

Quarter 2 – April 1 through June 30

Quarter 3 – July 1 through September 30

Quarter 4 – October 1 through December 31

History

• Source: Section 1535.1 renumbered to Section 1535.3; new Section 1535.1 added at 48 Ill. Reg. 8643, effective May 30, 2024

17 Ill. Adm. Code 1535.3 Timber Buyer Application and Department Verification

a) All timber buyers shall obtain a license from the Department before engaging in the business of timber buying. Application for such license shall be filed on forms provided by the Department and shall contain the following minimum information:

1. Name, date of birth and address of the applicant;

2. Business name, if any, including if the business is a corporation, partnership or limited liability company;

3. Principal officers if applicant is a corporation or the partners if applicant is a partnership;

4. Location of the principal office or place of business of the applicant;

5. The counties in the State of Illinois which the applicant proposes to engage in the business of timber buyer;

6. Name, date of birth, and address of all agents of the applicant;

7. A certificate of liability insurance issued by an insurance company or surety company that is authorized to do business in the State of Illinois in the principal amount of not less than $500,000 and shall include the expiration date of the policy; and

8. Any other information as required by the Department in the application.

b) The Department shall approve the issuance of a timber buyer's license if all of the following criteria are met:

1. The applicant has provided all documentation required in the application to the Department's satisfaction.

2. The applicant has paid the application fee pursuant to Section 8 of the Act. The fee is:

A) $125 for residents

B) $300 for non-residents

3. The applicant has provided proof of liability insurance as required by the Act and this Part.

4. The applicant and all agents listed in the application are in good standing with the Department.

5. The applicant and all agents listed in the application are 18 years of age or older.

History

• Source: Section renumbered from 1535.1 to Section 1535.3 and amended at 48 Ill. Reg. 8643, effective May 30, 2024

17 Ill. Adm. Code 1535.4 License and Timber Buyer Identification Cards

a) License. If a timber buyer's application is approved by the Department, then a license shall be issued by the Department and shall contain the following information:

1. name of the licensee and license number;

2. business name of the licensee, if any;

3. address of the licensee;

4. names of all agents listed in the licensee's application that are in good standing with the Department; and

5. expiration date of the timber buyer license.

b) Timber Buyer Identification Cards. All timber buyer identification cards shall be issued by the Department to all timber buyers and the timber buyer's agents that are in good standing with the Department. A timber buyer identification card shall contain the following information:

1. name of the timber buyer or agent that the card is issued to;

2. name and license number of the licensed timber buyer that the timber buyer identification card is being issued under;

3. address and telephone number of the licensed timber buyer that the timber buyer identification card is being issued under; and

4. the expiration date of the timber buyer identification card.

History

• Source: Added at 48 Ill. Reg. 8643, effective May 30, 2024

17 Ill. Adm. Code 1535.5 Records and Reporting

a) Records of the Timber Buyer.

A timber buyer shall retain the books, accounts, records, proof of ownership, or other documentation required under this Act or administrative rule used in the conduct of the buyer's business for a period of 3 years after any purchase, cutting, or transportation of timber made by the timber buyer or buyer's employee. [225 ILCS 735/9]

b) Harvest Fee – Reporting.

1. When a timber buyer buys timber in this State, the timber buyer shall file a report to the Department on a report form provided by the Department. [225 ILCS 735/9a(b)] Each timber purchase shall be fully reported by the timber buyer no later than 30 days from the end of each yearly quarter that the timber purchase occurred. Such report shall be on the Department provided reporting form and shall include the following information:

A) date of purchase. For all purposes, except the payment of harvest fees, the date of purchase shall be the date the purchase agreement was made;

B) date of payments;

C) amount of payments;

D) amount of harvest fee;

E) date harvest fee sent to Illinois Department of Natural Resources;

F) name, address and telephone number of timber grower;

G) quantity of board feet and species of high value timber that is being reported;

H) estimated quantity of board feet and species of low value timber that is being reported, and

I) any other information as required by the Department.

2. Timber Grower Report of Utilization

A) Every timber grower who utilizes timber produced on land the timber grower owns or operates for sawing into lumber for processing or for resale, shall report periodically, as required by this Act or administrative rule of the Department, the quantity, value, and species of timber produced and utilized by the owner or operator during the reporting period. [225 ILCS 735/9a(d)]

B) Each Timber Grower Report of Utilization shall be fully reported by the timber grower no later than 30 days from the end of each yearly quarter that the timber utilization occurred. Such report shall be on the Department provided reporting form and shall include the following information:

i) quantity of board feet and species of the timber produced and utilized by the timber grower;

ii) the minimum fair market stumpage value of the timber that was produced on the timber grower's land and utilized by the timber grower;

iii) parcel identification number of where the timber was grown;

iv) amount of harvest fee;

v) date harvest fee sent to Illinois Department of Natural Resources;

vi) name, address and telephone number of timber grower; and

vii) any other information as required by the Department.

3. Liability Insurance Changes or Cancellation

A) Any licensed timber buyer that cancels or alters their liability insurance shall inform the Department in writing within 14 days of the cancellation or alteration of such policy.

B) Unless the timber buyer is cancelling or surrendering their license to the Department, a notification to the Department of a cancellation or alteration of liability insurance shall also include a new certificate of insurance showing the new or altered insurance policy that has been issued to the timber buyer. Such new or altered insurance policy must conform to all requirements of the Act and this Part.

C) At any such time as a licensee fails to have the necessary liability insurance, as required herein, the Department may immediately, and without notice, suspend the privileges of such licensee. In the event of such suspension, the Department shall give immediate notice of the same to the licensee and shall further reinstate such license upon filing with the Department a certificate of liability insurance that conforms to the requirements of this Act. [225 ILCS 735/4]

History

• Source: Amended at 48 Ill. Reg. 8643, effective May 30, 2024

17 Ill. Adm. Code 1535.10 Payment of 4% Fee to Department

a) All 4% harvest fees required to be paid to the Department by timber buyers pursuant to Section 9a(a) of the Act and timber growers pursuant to Section 9a(c) of the Act shall be sent to the Department, along with the Department provided fee reporting form, no later than 30 days from the end of each yearly quarter.

b) Any timber buyer purchasing timber from the federal government shall not be required to deduct the 4% harvest fee from the purchase price, report such purchases or make payment to the Department of an amount that equals 4% of the purchase price.

c) Payments are to be made payable to the Department of Natural Resources and must be in the exact amount shown due on the Department provided fee reporting form. When any payment is returned to the Department by the Office of the State Treasurer as non-negotiable, the person issuing the check or order will be given written demand delivered by certified mail for payment equal to the original amount by certified instrument, such as a cashier's check or money order, to the person's last known address.

d) Payments to the Department may be made on an individual sales or quarterly basis.

e) All timber transactions for which monies are due to the Department shall be submitted no later than 30 days from the end of the quarter in which the timber transaction occurred.

History

• Source: Amended at 48 Ill. Reg. 8643, effective May 30, 2024

17 Ill. Adm. Code 1535.15 Bonding Definitions (repealed)

History

• Source: Repealed at 48 Ill. Reg. 8643, effective May 30, 2024

17 Ill. Adm. Code 1535.16 Bonding Requirements (repealed)

History

• Source: Repealed at 48 Ill. Reg. 8643, effective May 30, 2024

17 Ill. Adm. Code 1535.20 4% Harvest Fee Determination

a) When a timber buyer buys timber in this State, the timber buyer and timber grower shall determine the amount to be paid for such timber, or the value of items to be bartered for such timber, and the timber buyer shall deduct from the payment to the timber grower an amount which equals 4% of the purchase price or 4% of the minimum fair market value, as determined pursuant to administrative rule, when purchase price cannot otherwise be determined and shall forward such amount to the Department of Natural Resources. [225 ILCS 735/9a(a)]

EXAMPLE 1:

Harry Harvester, an Illinois Licensed Timber Buyer, recently won a bid to purchase $100,000 worth of timber from Larry Landowner, a Timber Grower. Harry would report the sale to the Department and submit a payment of $4,000 for the Harvest Fee ($100,000 * 0.04 = $4,000). Larry Landowner would receive a payment from Harry Harvester of $96,000 for his timber ($100,000 - $4,000 = $96,000).

EXAMPLE 2:

Harry Harvester, an Illinois Licensed Timber Buyer, is cutting timber on shares for Larry Landowner, a Timber Grower. Harry paid Larry $50,000 for the timber removed from Larry's property. Harry would report the sale to the Department and submit a payment of $2,000 for the Harvest Fee ($50,000 * 0.04 = $2,000). Larry Landowner would receive a payment from Harry Harvester of $48,000 for his timber ($50,000 - $2,000 = $48,000).

EXAMPLE 3:

Larry Landowner, a Timber Grower, brings a small trailer of logs to Harry Harvester's sawmill, an Illinois Licensed Timber Buyer. Harry pays Larry $300 for the logs. Harry would report the sale to the Department and submit a payment of $12 for the Harvest Fee ($300 * 0.04 = $12). Larry Landowner would receive a payment from Harry Harvester of $288 for his timber ($300 - $12 = $288).

EXAMPLE 4:

Harry Harvester, an Illinois Licensed Timber Buyer, sells $5,000 worth of logs he has purchased from multiple landowners to Sammy Sawmill, who is not an Illinois Licensed Timber Buyer. Harry Harvester reported the sale to the Department and paid the harvest fee when he purchased the logs from the landowners and should not report the sale to Sammy Sawmill as this would result in duplicated reporting.

EXAMPLE 5:

Larry Landowner, a Timber Grower, is wanting to sell 20 walnut logs he recently cut from his property to Sammy Sawmill, who is not an Illinois Licensed Timber Buyer. Sammy Sawmill should not purchase these logs from Larry Landowner because he is not an Illinois Licensed Timber Byer. However, Sammy may purchase these logs if Larry Landowner has already reported the sale and paid the harvest fee to the Department.

b) The value of timber purchased shall be the gross amount received by the timber grower and paid by the timber buyer for any interests involved in the timber purchase.

c) When timber is purchased in whole or in part by barter, the fair market value of the bartered item or service used as payment for stumpage or logs to the timber grower shall be used in determining the harvest fee due the Department of Natural Resources. Any payment made from any source shall require a 4% harvest fee payment to the Department. The following formula shall be used: Aggregate Value of Timber x 0.04 = 4% fee to be paid to the Department.

EXAMPLE:

Larry Landowner, a Timber Grower, has requested that Harry Harvester, an Illinois Licensed Timber Buyer, repair his gravel road on his property. In lieu of payment for this service Larry will allow Harry to remove 20 mature poplar trees from his property. Estimated stumpage value of the trees removed is $2,000. Harry would report the sale to the Department and submit a payment of $80 for the Harvest Fee ($2,000 * 0.04 = $80).

d) If timber is cut from an owner's land without establishing the amount to be paid or the bartered value of the stumpage or logs, such timber or logs shall be valued at stumpage value.

e) For timber cut on lands owned by a timber grower or mill and used by that timber grower or mill in its production process, value will be the minimum fair market value. The Illinois Timber Prices Survey, for the quarter when the timber was harvested, may, but is not required to, be used as a guide for determining value.

EXAMPLE:

Larry Landowner, a Timber Grower, decides to harvest 100 trees from his property. He is planning on milling these trees into lumber and selling the lumber to local purchasers. Larry estimates the stumpage value of these trees to be $12,500. Larry is required to report this to the Department along with submitting a payment of $500 for the Harvest Fee ($12,500 * .04 = $500). This report and payment must be made no later than 30 days from the end of the quarter in which the timber was harvested. Note, if Larry uses the lumber for personal use he is not required to submit a report or payment to the Department. Additionally, if after submitting a report and payment to the Department, Larry later decides to sell his logs to a sawmill, the sawmill should not report the sale to the Department nor submit a Harvest Fee as this would result in duplicated reporting.

History

• Source: Amended at 48 Ill. Reg. 8643, effective May 30, 2024

17 Ill. Adm. Code 1535.25 Aggregate Value Determinations of Timber

a) Primary determination of the aggregate value of timber shall be the total dollar value paid at the first point of sale or change of ownership.

b) Secondary determination of the aggregate value of timber shall be calculated using the Doyle Log Rule, as published in the Forestry Handbook Second Edition (1984) edited for the Society of American Foresters by Karl F. Wenger and published by John Wiley and Sons, to determine volume. The average dollar amount of the commercial timber for tree species had it been offered for sale on the open market will be used for the price. The Illinois Timber Prices Survey for the time frame of the timber harvest, shall be used to determine the commercial timber value.

History

• Source: Amended at 48 Ill. Reg. 8643, effective May 30, 2024

17 Ill. Adm. Code 1535.30 Volume Estimates

a) When volume estimates are used in the determination of value, the following scales and measurements will be used:

1. Lumber, cooperage, & veneer – Board feet taken from the Doyle Log Rule as published in the Forestry Handbook Second Edition (1984) edited for the Society of American Foresters by Karl F. Wenger and published by John Wiley and Sons.

2. Pulpwood, ton or cord – As established by local market specifications in use at the time of cutting or delivery to the pulpwood mill.

3. Piling – Linear feet by grade within established specifications and dimensions in use by the buyer. If such specifications cannot be determined, the Doyle Log Rule will be used.

4. Other specialized forest products – Established local market specification or custom in use at the time of harvest as described by the buyer in a written communication to the Department.

b) Standard forest mensuration procedures shall be used whenever estimates are substituted for actual measurements provided that the procedure has a probability of error of less than ten percent.

c) In the establishment of volume-price values, such published price guides as the Illinois Timber Prices Survey may be used as a guide when published by a government agency, accredited school of forestry or trade association.

History

• Source: Amended at 27 Ill. Reg. 7761, effective April 21, 2003

17 Ill. Adm. Code 1535.40 Arbitration (repealed)

History

• Source: Repealed at 27 Ill. Reg. 7761, effective April 21, 2003

17 Ill. Adm. Code 1535.50 Information

Anyone wishing additional information concerning this Part, or a supply of Department approved form, may contact the Department of Natural Resources at the following address:

Department of Natural Resources

Division of Forestry

One Natural Resources Way

Springfield, IL 62702-1271

DNR.timber@illinois.gov

History

• Source: Amended at 48 Ill. Reg. 8643, effective May 30, 2024

17 Ill. Adm. Code 1535.60 Suspension or Revocation of Timber Buyer's License

a) Any person violating the provisions of this Part shall, upon finding of guilt by a court of law, be subject to revocation of license and suspension of privileges. Any person found to not be in good standing shall have their timber buyer license and any timber identification card issued to that person shall be cancelled by the Department pursuant to Section 7 of the Act. [225 ILCS 735/7] Any person's timber buyer's license or timber identification card may appeal such decision of the Department.

b) Any such revocation, suspension, or appeal of cancellation procedures shall be governed by the Timber Buyers Licensing Act and by Department Revocation Procedures (17 Ill. Adm. Code 2530). Any conflict between this Part and 17 Ill. Adm. Code 2530, this Part shall control.

c) Those persons convicted of a violation of the Act or this Part, or those found to not be in good standing shall be suspended from obtaining or renewing a timber buyers license and any such license that has been issued at the time of the suspension shall be revoked by the Department. The suspension and revocation timeframes shall be as set in 17 Ill. Adm. Code 2530 for those convicted of a violation of the Act.

d) For purposes of the Department cancelling a timber buyer license or timber identification card pursuant to Section 7 of the Act due to an individual that owes any amount pursuant to a civil judgment regarding the sale, cutting, or transportation of timber [225 ILCS 735/2], such determination by the Department must include a final judgement by a court of the State of Illinois regarding the sale, cutting, or transportation of timber and that there is any amount of money still owed to an Illinois timber grower.

History

• Source: Amended at 48 Ill. Reg. 8643, effective May 30, 2024

17 Ill. Adm. Code 1536.10 General

The purpose of the Forestry Development Cost-Share Program is to encourage the establishment, management, and sustainable use and benefits of forests. Definitions located at 17 Ill. Adm. Code 1537 apply to this Part as well.

a) Definitions.

"Act" means the Illinois Forestry Development Act.

"Department" means the Illinois Department of Natural Resources.

"Forest Management Plan" or "Plan" means a written forest management planning document required of an entity entering the Program as required under the Act.

"Program" means the Forestry Development Cost-Share Program.

b) Timber growers participating in this program may also be eligible for federal cost-share programs administered by agencies of the United States, as well as federally-funded cost-share programs administered by the State.

c) An application for cost-shared practices must be signed and dated by the timber grower or the timber grower's legally authorized agent and submitted to an Illinois Department of Natural Resources (Department) Forester. The requirements for installation of the practices must be described in the approved Forest Management Plan (Plan) (see 17 Ill. Adm. Code 1537). Any practice variations or deviations must be submitted in writing and approved by the Department Forester. The cost-share practice shall not start until the application is approved by the Department Forester.

d) The total payment for approved cost-share practices shall never exceed the established base cost of the practice.

e) Timber growers must keep records and receipts of practice implementation costs.

f) This is a timber grower reimbursement cost-share program.

1. Advance payment for individual practices exceeding $2,000 will be authorized by a Department Forester upon request by the individual timber grower when the following criteria have been met:

A) the practice is identified as a priority practice in this Part;

B) a Department Forester has field verified the practice was completed as specified in the Forest Management Plan; and

C) payment is for $2,000 or more.

2. Advance payment before a practice is completed is not allowed and cost-share payment will not be made to a third party or to vendors.

g) When federal or other cost-share programs are utilized concurrently with the Illinois Forestry Development Act the combined Act, federal and other reimbursements will not exceed the established base cost of the practice as listed in Sections 1536.25 thru 1536.70. The base cost represents the cost of implementing the practice.

h) A practice will not be repeated with Act cost share funds on the same area of land within a 10 year period and must be maintained for a minimum of 10 years after completion, except as allowed under Sections 1536.30, 1536.65, 1536.70 and 1536.77.

i) Property upon which cost-share practices are installed must be protected from wildfire and grazing unless specifically prescribed in the Plan.

j) Pesticides used in implementing practices must be federally, State and locally registered and must be applied strictly in accordance with authorized registered uses, directions on the label, and other federal and State requirements.

k) If a timber grower has paid an Department timber harvest fee as required in the Timber Buyers Licensing Act [225 ILCS 735] within two State fiscal years prior to the approval of a Plan or initiation of an approved practice, timber growers will have their cost-share amount increased not to exceed 100% of their harvest fee. The combined payment for any and all practice implementation and the harvest fee rebate shall not exceed 100% of the timber grower's actual and reasonable practice implementation costs. Timber growers, as defined in 17 Ill. Adm. Code 1537.10, and/or landowners who sold timber based upon provisions of the Plan shall have priority for harvest fee rebates.

l) The Department will only reimburse for cost-share practices that are prior approved and satisfactorily completed. All practice components must be completed and approved before payment is authorized, except as provided in subsection (e).

m) Cost-share practices shall not be authorized for any action that is determined to be harmful to threatened or endangered plant or nonplant species or their habitat.

n) Cost-share payments shall not be authorized for practices totaling less than one acre, unless specifically approved by the State Forestry Development Act Program Manager.

o) Cost-share payments will not be authorized for more than a single practice that treats, removes, affects or establishes the same material, stems or growing vegetation or that is prescribed to achieve the same forest management result on the same acre.

p) The Department Forestry Division will make cost-share practice approvals to timber growers in accordance with the following process:

1. The total amount of cost-share funding available each State Fiscal Year will be allocated to each forestry district, as notated on the Department's website, based upon the percentage of FDA participants in each forestry district.

2. Applications for cost-share funds will only be accepted for one month each quarter during the months of January, April, July and October.

3. Applications will be approved for funding until all available funding has been allocated.

4. First priority for cost-share funding will be given to applications from timber growers who have paid a Department timber harvest fee as required in the Timber Buyers Licensing Act [225 ILCS 735] within two State fiscal years prior to the approval of a practice, as specified in subsection (k).

5. Second priority will be given to applications from timber growers applying for identified priority practices and underserved landowners, as determined by the United States Forest Service, defined as either a beginning forest landowner who has not owned or operated private forest land for more than 10 years, or a timber grower owning woodland within rural areas identified in the Illinois IRA Screening Tool located at https://gis.mortonarb.org/portal/apps/View/index.html?appid=07283d48e05c40d1937a5981383303dd.

6. Non-priority practices will be funded if funds are available in any district after all priority practice applications have been evaluated for that district.

7. If a timber grower is unable to initiate work on an approved cost-share practice within 6 months after the approval date, the timber grower must contact the Department Forester in writing within 15 days after the expiration date to request a 6-month extension with a valid reason for the extension request. A maximum of two 6-month extensions will be granted for any approved cost-share practice. If no extension is requested or approved, the initial approval will be terminated, and the cost-share funds will be re-allocated to another timber grower.

History

• Source: Amended at 49 Ill. Reg. 10446, effective July 31, 2025

17 Ill. Adm. Code 1536.20 Eligibility

a) Participation in the program is limited to timber growers who own or operate at least 10 contiguous acres of land enrolled in the FDA Program.

b) Timber growers owning less than 10 acres who have maintained continuous participation may participate, as grandfathered parcels, until such time as they withdraw or are cancelled by an IDNR Forester. Those growers may not reduce enrolled acreage. Growers may transfer their Plan to another grower.

c) Property on which cost-share practices are installed must have a Plan as described in 17 Ill. Adm. Code 1537, except for cost-share applications for preparation of Forest Management Plans practice under Section 1536.25.

History

• Source: Amended at 41 Ill. Reg. 4272, effective March 31, 2017

17 Ill. Adm. Code 1536.25 Preparation of Forest Management Plans

This practice provides timber growers with an additional opportunity to obtain professional assistance in Plan preparation.

a) The timber grower must accept the Plan and sign the Certification Form before the Department Forester will authorize reimbursement for the cost-share of the Plan preparation practice.

b) A cost-share application for this practice must be submitted and approved by the Department Forester prior to development and preparation of a Plan.

c) The Plan must meet the conditions, requirements, standards and specifications contained in the Act, 17 Ill. Adm. Code 1537 and this Section.

d) Components eligible for cost-share reimbursement may include reconnaissance, travel, secretarial, mailing, telephone, forest inventory, data analysis and plan writing.

e) Copies of inventory output must be submitted to the Department Forester with the proposed Plan.

f) The flat rate payment for this practice is $525 plus $7 per acre. The base cost for this practice is $700 plus $10 per acre.

g) Fractional acres for all stands and practices in a Plan shall be rounded to the nearest 1/10th acre for cost-share payment.

History

• Source: Amended at 49 Ill. Reg. 10446, effective July 31, 2025

17 Ill. Adm. Code 1536.30 Planting Trees and Direct Seeding

The purpose of planting and direct seeding is to establish a stand of forest trees for timber production and compatible natural resource conservation. These practices are priority practices for cost-share funding.

a) During Plan review, the Department Forester shall verify the suitability of the land for site preparation and tree planting, considering soil erodibility and necessary soil stability practices, timing and ground cover requirements.

b) Cost-share is not authorized for:

1. Planting fewer than 436 trees per acre unless the Plan is specifically amended later, under subsections (c)(2)(E)(iii) and (c)(3).

2. Planting or culture of fruit or nut orchards, windbreaks, Christmas trees, ornamental trees, landscaping or legally regulated mitigation projects.

3. Irrigation of planted trees.

4. Tree, shrub or other plant species not approved by the Department Forester.

5. More than one method (subsection (c)(2), (c)(3) or (c)(4)) of establishing a stand of trees.

c) Cost-Share Rates/Specification:

1. Site Preparation – Flat rate payment for this practice is a variable amount ranging from $70 to $450 per acre. The base cost is a variable amount ranging from $100 to $600 per acre. The Plan preparer must conduct a careful field inspection of current vegetative cover on the site to determine the appropriate category and cost-share rate (see subsection (c)(1)(A)). Treatment must be applied or attempted for all target species present so that a minimum mortality or effective control rate of 85% is achieved.

A) Cost-share Categories and Cost-share Payment Rates

Category

Flat Rate/A.

Base Cost/A.

i)

Primarily annual vegetation rutting or heavy residues that will cause some difficulty in normal planting.

$70

$100

ii)

60% or more of area in perennial grasses and/or broadleaf herbaceous plants, or up to 40% of area in light woody cover, stems 2 inches or less diameter at ground line.

$140

$200

iii)

More than 40% of area occupied by woody vegetation, briars, vines or woody stems 2 inches diameter or less at ground line, but can include up to 50 stems per acre greater than 2 inches at ground line.

$225

$300

iv)

More than 40% of area occupied by woody vegetation greater than 2 inches diameter at ground line, or more than 75 stems per acre greater than 2 inches diameter at ground line.

$300

$400

v)

More than 80% of area occupied by woody vegetation greater than 2 inches diameter at ground line, or more than 200 stems per acre greater than 2 inches diameter at ground line.

$450

$600

B) This practice may only be approved for acres having undesirable or competing vegetation or residue (such as grass sod, perennials and/or annual broadleaved plants and trees and/or shrubs). Practice acres must be planted to stock desirable tree species.

C) Measures and practices necessary to minimize erosion must be undertaken according to prescribed specifications set forth in the Plan.

D) Site preparation may be undertaken mechanically with machinery unless prohibited by law, or by chopping, cutting or sawing and may include use of herbicides and/or prescribed fire. Aerial spray applications (herbicides by helicopter, fixed-wing plane, or drone) will not be approved for more than the $120 per acre base cost rate established in Section 1536.77(b)(1)(A).

E) One approved category and practice is allowed once in any 10 year period unless specifically approved by the Department Forester, based on the standards in subsection (c)(2)(F), due to practice failure from extreme natural causes.

2. Tree Planting Bare Root Stock (Trees and Labor) – Flat rate payment for purchasing and planting stock is a variable amount ranging from $300 per acre using 436 trees per acre (base cost $400/acre) to $619 per acre using 900 trees per acre (base cost $825/acre).

A) Selected tree species and seed sources of stock to be planted must be used and must be established in accordance with the Plan specifications and subsection (c)(2)(F)(i).

B) All planted trees must be tightly packed and firmly adhered to the soil at the proper depth, regardless of type of planting machinery, augers, hand tools or other methods of physical planting used.

C) At least 90% of the conifer stock must be not less than 3/32 inch in caliper as measured at 1 inch above the root collar. At least 90% of the hardwood stock must be no less than 7/32 inch caliper as measured at 1 inch above the root collar. Hardwood stock purchased from private nurseries from the 12-18 inch height category or larger, as described in the nursery's catalog or other written description, are considered to meet the 7/32 inch caliper requirement.

D) Seedling stock seed source must originate within 100 miles north or 200 miles south of the planting site, unless otherwise specified in the Plan.

E) Spacing requirements are as follows:

i) Plant seedlings 6 to 12 feet apart in rows 6 to 12 feet apart. Plant at least 436 and no more than 900 trees per acre (see subsection (c)(2)).

ii) Underplantings may be approved for less than 436 trees per acre and only within wooded areas receiving at least 40% direct sunlight.

iii) Variations in these spacing and seedling density standards may be made in accordance with the Forestry Management Plan created under 17 Ill. Adm. Code 1537 and approved by the Department Forester.

F) Stocking and Replanting Requirements

i) A minimum survival rate of 70% of the planted stock specified must be maintained for the 10 year lifespan of the practice. Natural regeneration of acceptable species may be used to supplement minimum survival of planted trees if approved by the Department Forester, based on soil type, drainage, soil productivity and other growing conditions.

ii) If 70% of the prescribed stand is not obtained, or if a stand deteriorates to less than 70% within the first or second growing seasons, then cost-share assistance for replanting may be available when stocking losses are due to extreme natural causes, such as drought, flood, hail, depredation or similar occurrences.

iii) Cost-share will not be authorized for planting failures due to improper Plan implementation or factors within the control of the timber grower.

3. Tree Planting Containerized Stock (Trees and Labor)

Flat rate payment for this practice is $30 per tree. The base cost for this practice is $40 per tree.

A) Planting of containerized stock may be used in addition to natural regeneration or certain other, non-cost-shared reforestation methods when approved by the Department Forester as part of a Plan.

B) This practice is limited to areas that will naturally regenerate within 3 years. A seed source for desirable natural regeneration must be within 200 feet of the planting area. A combined minimum of 500 acceptable desirable trees per acre must be present 3 years following planting and must be maintained for the 10 year lifespan of the practice.

C) Containerized trees must be hard mast producing species, such as oak, black walnut, hickory or others that are at least 2 gallon sized and have a planted height of no less than 3 feet and a caliper no less than 3/8 inch as measured 1 inch above the root collar.

D) Tree seed source must be within 100 miles north or 200 miles south of the planting site, unless otherwise specified in the Plan.

E) Plant trees 20-80 feet apart in rows 20-80 feet apart so that at least 28 planted trees are well distributed throughout each planted acre.

F) Underplantings may be approved for fewer than 28 trees per acre. Underplantings must receive at least 40% direct sunlight. The cost-share rate for planting fewer than 28 trees per acre will be prorated down using the 28 tree stocking level as the basis.

4. Direct Seeding Component (Seed and Labor)

The flat rate payment for this practice is $112.50 per acre for free or collected seed or $375 per acre for purchased seed stock. The base costs for this practice are $150 per acre for free or collected seed and $500 per acre for purchased seed.

A) Direct seeding may be used in lieu of seedling planting when approved by the Department Forester as part of a Plan.

AGENCY NOTE: Reference for Direct Seeding

R. Herman, D. Schmoker, B. Sloan and T. Ward, 2003 Illinois Direct Seeding Handbook, A Reforestation Guide, Illinois EPA and USDA Natural Resources Conservation Service, Champaign IL.

B) Spacing Requirements

i) Plant seeds 1 to 2 feet apart in rows 6 to 12 feet apart. Plant at 3,000 to 4,800 hard mast seeds per acre. Lower planting densities may be allowed if approved by the Department Forester. Soft mast species seeds may be planted in addition to or instead of hard mast species, depending on site conditions.

ii) Variations in spacing and seed density standards may be made in accordance with written recommendations approved by the Department Forester. Flat rate payment for planting greater than or less than 3,000 seeds per acre will be prorated using 3,000 seeds as the basis. Natural regeneration may be used as a supplement to planting if prescribed in an approved Plan.

C) Stocking and Replanting Requirements

i) A minimum germination and survival rate of 1,000 planted seeds must be maintained for 2 growing seasons. Natural regeneration of acceptable species may be used to supplement germinated growing stock.

ii) If 1,000 seedling trees are not germinated and growing after the first and second growing seasons, cost-share assistance for replanting may be available, subject to Department Forester approval, when stocking losses are due to extreme natural causes such as drought, flood, hail, depredation or similar occurrences.

iii) Cost-share will not be authorized for planting failures due to improper Plan implementation or factors within the control of the timber grower.

iv) Cost-share assistance for replanting is only available once. If fewer than 300 acceptable trees are present after 3 growing seasons, seedling tree planting must be done (see subsection (c)(2)) by planting bare root stock.

D) The seed source must be within 100 miles north or 200 miles south of the planting site, unless otherwise specified in the Plan.

E) Measures to protect seed from depredation must be prescribed in the Plan.

F) Site preparation measures must be implemented as described in the Plan before direct seeding.

5. Control of Undesirable Vegetation – The flat rate payment for this practice is $60 per acre with herbicides or $75 per acre with mulch and/or weed control fabric. The base cost for herbicides is $80 per acre and for mulch or fabric is $100 per acre. Treatment is to be applied to or attempted for all target species present and is to result in a minimum mortality or effective control rate of 85%.

A) Application of appropriate herbicide products that are labeled and approved by the Illinois Department of Agriculture for this use may be applied before, after or at the time of planting, as outlined in the Plan or approved by the Department Forester. Continuously treated bands 4-6 feet wide or spot treatments 16-36 square feet in size must be used. Narrower or smaller and wider or larger treatment coverage and broadcast herbicide applications must be detailed in the Plan or approved by the Department Forester.

B) Organic mulches or water permeable cloth or fabric may be used in combination with herbicides or in lieu of herbicides. Continuous mulch of fabric bands 4-6 feet wide or spot treatments 16-36 square feet in size must be used. The depth of mulch must be maintained at 4-10 inches deep for 2 growing seasons. Fabrics must be kept secured and functional for 2 growing seasons.

C) Undesirable vegetation must be controlled, if prescribed in the Plan, in order to receive approval for site preparation and planting cost-share payments. Two additional applications, within 5 years after the original stocking, to control undesirable vegetation may be required by the Department Forester and determined eligible for cost-share payment.

History

• Source: Amended at 49 Ill. Reg. 10446, effective July 31, 2025

17 Ill. Adm. Code 1536.40 Fencing to Protect Forests and Plantations

a) A Plan may require fencing to exclude livestock.

b) Limited use of live trees is permitted, provided 2" x 4" nailing strips of durable wood are used between the wire and the tree.

c) Boundary fences and fences adjacent to roads are not eligible for cost-share.

d) Cost-Share Rates/Specifications – The flat rate payments and corresponding base costs vary by type of fence constructed. All fence must be a minimum of 4 feet in height.

1. A woven wire fence must consist of at least a 32 inch woven wire with at least 2 strands of barbed wire on top. The distance between posts or live trees must not exceed 17 feet. The flat rate payment for woven wire fence is $22.50 per rod (16.5 feet). The base cost is $30 per rod.

2. A barbed wire fence must be at least 3 strands. The distance between posts or live trees must not exceed 17 feet. The flat rate payment for barbed wire fence is $15 per rod. The base cost is $20 per rod.

3. A high-tensile fence must consist of at least 5 strands of wire with the distance between posts not to exceed 30 feet, with sufficient droppers to maintain proper wire spacing. The flat rate payment for high-tensile wire fence is $15 per rod. The base cost is $20 per rod.

4. Alternative materials and design may be used as approved by the Department Forester using materials that are treated or naturally resistant to decay. The flat rate payment for alternate materials fence is $15 per rod. The base cost is $20 per rod.

History

• Source: Amended at 49 Ill. Reg. 10446, effective July 31, 2025

17 Ill. Adm. Code 1536.50 Tending Forest Stands (Repealed)

History

• Source: Repealed at 41 Ill. Reg. 4272, effective March 31, 2017

17 Ill. Adm. Code 1536.51 Timber Stand Improvement

The purpose of Timber Stand Improvement (TSI) is to increase tree growth and quality, improve forest vigor and health, influence tree species composition, enhance diversity of native flora, and improve wildlife habitat in forest stands by eliminating certain trees and vegetation to achieve optimal forest conditions. TSI practice is intended to benefit high quality desirable tree species in the dominant, codominant or intermediate canopy layer. TSI is implemented on the ground by following a detailed quantitative and qualitative prescription. These practices are priority practices for cost-share funding.

a) Cost-share is only authorized for TSI based upon a silvicultural prescription, approved by the Department Forester, developed using forest stand analysis that supports the purpose for this practice and the goals and objectives stated in the Plan.

b) Cost-Share Rates/Specifications

1. Timber Stand Improvement – The flat rate payment for this practice is a variable amount ranging from $105 to $187.50 per acre. The base cost is a variable amount ranging from $140 to $250 per acre. The Plan preparer shall conduct a careful field inspection of current tree cover and condition to determine the appropriate category and cost-share rate. The cost-share categories and cost-share rates are:

A) Kill a minimum of 10 square feet for basal area (BA) per acre and release a minimum of 15 desired trees per acre. The flat rate payment for this practice is $105 per acre with a base cost of $140 per acre; or

B) Kill a minimum of 30 square feet of BA per acre and release a minimum of 25 desired trees per acre. The flat rate payment for this practice is $197.50 per acre with a base cost of $250 per acre.

2. Work will be accomplished using approved methods, including cutting, girdling, herbicide treatment, or a combination of methods to favor and release trees to leave an adequately stocked stand composed of high quality, well-distributed trees. All cut trees not girdled must be completely severed from their stump. Stocking guides and species selection shall be determined by referencing literature and tables in "Recommended Silviculture and Management Practices for Illinois Hardwood Forest Types" (2016 Edition), Southern Illinois University School of Forestry and Horticulture, found at http://ifdc.nres.illinois.edu (no later editions or amendments are incorporated).

3. Herbicide application treatments are required in implementing this practice when utilizing any method. Applications of herbicide must conform to and follow the label on appropriate herbicide products that are labeled and approved by the Illinois Department of Agriculture. Herbicide application may be omitted on cut stems or stumps of any desirable forest species noted in the Plan or on certain other species if approved by the Department Forester.

4. Cost-share assistance will not be approved for any acre from which commercial products from that acre are sold or traded in the process of carrying out the timber stand improvement practices.

History

• Source: Amended at 49 Ill. Reg. 10446, effective July 31, 2025

17 Ill. Adm. Code 1536.55 Pruning Hardwood Crop Trees

The purpose of pruning is to improve the quality and quantity of crop trees in a forest stand.

a) Acceptable pruning of crop trees is corrective pruning to a single leader with side branch pruning. The flat rate payment for this practice is $135 per acre. The base cost is $180 per acre.

b) The Department Forester must give prior approval of a practice area with individual trees marked and/or having a detailed written prescription addressing a minimum of 40 crop trees per acre having a minimum of 4 inches diameter at breast height (DBH).

c) Prune to total height of 17 feet and retain at least 40% of total tree height as live crown. Prune no live limbs over 3 inches in diameter.

d) All pruning final cuts must be targeted as close to the stem as possible without disturbing the branch bark ridge and branch collar. Assure that no branch stubs or flush pruning cuts are left on pruned trees.

e) Corrective pruning to influence tree form may be required in the Plan during the establishment of a forest stand. Early corrective pruning shall not be cost-shared unless undertaken along with side branch pruning as described in this Section.

History

• Source: Amended at 49 Ill. Reg. 10446, effective July 31, 2025

17 Ill. Adm. Code 1536.60 Permanent Firebreaks for Management and Protection of Forests

The purpose of a permanent firebreak is to provide a practical and low cost way of affording protection to forests from damage by wildfire and to facilitate the use of prescribed fire as a management tool.

a) Firebreak Construction. The flat rate payment for this practice is $225 plus $4.50 per rod. The base cost for this practice is $300 plus $6 per rod.

b) Firebreaks shall be cleared to a minimum of 1 rod in width. Place firebreaks on the contour, where possible.

c) When the grade exceeds 5%, drainage structures shall be installed according to Table 5.1 in the Illinois publication Forestry Best Management Practices (available on the internet at https://dnr.illinois.gov/content/dam/soi/en/web/dnr/publications/documents/00000168.pdf) or from Illinois Department of Natural Resources, Division of Forestry Resources, One Natural Resources Way, Springfield IL 62702; June 2007) when the grade exceeds 5%.

d) Firebreaks shall be permanent and shall be established and maintained by one of the following methods, assuring cleared functional width is maintained.

1. Disk at least twice annually to keep vegetation from accumulating as fuel or as otherwise detailed in the Plan.

2. Establish and maintain by mowing a cover crop of cool season grass, clover or cereal grain. Vegetation must be maintained at a height less than 12 inches.

History

• Source: Amended at 49 Ill. Reg. 10446, effective July 31, 2025

17 Ill. Adm. Code 1536.65 Reducing Wildlife Damage

Control of wildlife damage is necessary at times to protect the investment in tree planting, direct seeding or natural regeneration. These practices are considered priority practices when implemented as part of a tree planting project pursuant to Section 1536.30.

a) This practice is limited to situations in which the need for damage control is evident or highly probable based on wildlife population. Consultation with Department District Wildlife Biologists is advised.

b) In addition to these cost-share practices, other strategies to control wildlife damage must be included in the Plan and implemented.

c) Strategies may include legal hunting, providing alternate habitats, planting of species not favored by a given wildlife species, vegetation management or planting a companion species.

1. Tree Shelters. The flat rate payment for this practice is $7.50 per tree. The base cost is $10 per tree. Commercial plastic or mesh products or other noncommercial materials or designs approved by the Department Forester may be used.

A) A minimum of 200 tree shelters shall be evenly distributed throughout each acre for bare root tree plantings as defined in Section 1536.30(c)(2), and 50 tree shelters per acre for containerized tree plantings as defined in Section 1536.30(c)(3).

B) Tree shelters are temporary protection and shall be maintained on desirable species for the life of the shelter or until they interfere with the growth of the tree.

C) Durable rot resistant stakes of wood, fiber, bamboo or other natural materials must be used.

D) Mesh caps or other approved barriers shall be used as necessary to prevent injury to avian species.

E) Tree shelters must be a minimum height of 4 feet.

F) Cost-share of fewer than 200 shelters per acre for bare root tree plantings or 50 shelters per acre for containerized plantings is authorized only if approved by an Department Forester.

2. Electric Fencing. The flat rate payment for this practice is $1.00 per foot. The base cost is $1.35 per foot. The purpose is to construct and maintain an electrified fence to repel deer from forestation or natural regeneration areas.

A) Use steel fence wire enclosed in plastic, wire ribbon or other suitable fence wire. Fence wire must be clearly visible or marked with bright color at minimum intervals of 25 feet.

B) Design of fence must be submitted in writing and/or as diagrams or drawings and approved by the Department Forester prior to construction.

3. Repellants. The flat rate payment for this practice is $30 per acre. The base cost is $40 per acre. The purpose is to prevent damage to trees by reducing wildlife browsing.

A) Scent or taste repellants or physical barriers such as bud protectors may be used as specified in the Plan.

B) Label directions for rates, timing and frequency on approved scent and taste products must be followed.

C) A minimum of 20 bare root trees or 50 containerized trees evenly distributed throughout each acre must be treated to protect the terminal leader by using physical barriers.

History

• Source: Amended at 49 Ill. Reg. 10446, effective July 31, 2025

17 Ill. Adm. Code 1536.70 Site Preparation for Natural Regeneration

The purpose of site preparation for natural regeneration is to create site conditions, including adequate light conditions reaching the forest floor, favorable for the establishment, development and/or release of desirable regeneration.

a) Cost-share is not authorized for areas totaling less than one acre.

b) Cost-share may be authorized for planting seed or planting seedlings should natural regeneration fail to become established to the desired stocking level within 4 full growing seasons after site preparation for natural regeneration has been implemented.

c) This practice should only be prescribed within 15 years prior to a scheduled harvest or post-harvest as prescribed in the Plan.

d) Cost-Share Rates/Specifications

1. Tree/Shrub Removal. The flat rate payment for this practice is a variable amount ranging from $120 to $420 per acre. The base cost is a variable amount ranging from $160 to $560 per acre. The Plan preparer shall conduct a careful field inspection of current vegetative cover on the site to determine the appropriate category and cost-share rate.

A) Cost-share Categories and Cost-share Rates

Category

Flat Rate/A.

Base Cost/A.

i)

treat fewer than 150 stems/A.

$120

$160

ii)

treat 150 through 300 stems/A.

$165

$220

iii)

treat 301 through 1000 stems/A.

$240

$320

iv)

Treat more than 1000 stems/A.

$420

$560

B) Target plants will be removed by cutting, girdling and/or herbicide treatment. Undesirable species must be treated with an appropriate herbicide to prevent resprouting. Treatment must address all target species and result in a minimum mortality or effective control rate of 85%.

C) Prescribed burning and/or soil scarification may be used in conjunction with this practice.

D) The goal of this practice is to obtain a 40-60% stocking level in the stand canopy composed of well-distributed, desirable, dominant and/or co-dominant trees.

E) Post-harvest regeneration openings must have a radius, in feet, equal to or greater than the average height of adjacent dominant forest trees. All undesirable live stems necessary to meet practice objectives should be eliminated in regeneration harvest openings.

F) Site preparation for natural regeneration may require treatment of woody shrubs and light infestations of woody exotic shrubs, along with undesired trees and tree species, in order to establish adequate light levels to achieve the practice objective.

G) Site preparation for natural regeneration under subsection (d)(1)(A)(iii) and (iv) may require killing undesirable stems of small size to adequately meet the practice objective.

2. Soil Scarification. The flat rate payment for this practice is $75 per acre. The base cost is $100 per acre.

A) The purpose of this component is to expose mineral soil to enhance the establishment of oak and other desirable species.

B) This practice shall be performed in the fall of an abundant seed crop prior to leaf drop.

C) A timber harvest, prescribed fire or tree/shrub removal may be needed in addition to scarification to enhance the survival, growth and development of newly established seedlings.

3. Prescribed Fire. The flat rate payment for this practice is $1,500 plus $60 per acre. The base cost is $2,000 plus $80 per acre. The maximum allowable payment to any timber grower in any one fire season is $7,000.

A) The objective of this practice is to reduce the density of forest competition and leaf litter to stimulate growth and regeneration of desirable species.

B) Cost-share may be authorized for up to 3 fires in the same area within a 10 year period, if prescribed in the Plan. A detailed prescribed fire plan must be prepared and approved, prior to any burning, by the Department.

C) Prescribed fire must burn forest floor fuels to result in an 80% complete combustion of the target area and barriers.

History

• Source: Amended at 49 Ill. Reg. 10446, effective July 31, 2025

17 Ill. Adm. Code 1536.75 Forestry Best Management Practices

The purpose of forestry best management practices is to promote the use of best management practices (BMPs) and streamside management zones (SMZs) through the construction, establishment, maintenance or renovation of roads, trails, culverts, stream crossing structures and landing areas for the purpose of improving and protecting soil and water quality.

a) Cost-share is authorized for the establishment of grasses, legumes or temporary cereal crops on skid trails, log landings or other forest roads or trails used during timber harvesting. Rates include site preparation, seed cost, soil tests and installation.

b) Cost-share is authorized for the construction and installation of drainage structures.

c) Cost-share is authorized for the construction and installation of rock fords, culverts and bridges that will be used as temporary or permanent crossings over streams, ravines and ditches during a logging operation.

d) Practices will be implemented and completed according to the publication Forestry Best Management Practices (see Section 1536.60(c)).

1. Critical Area Seeding. The flat rate payment for this practice is $60 per acre. The base cost is $80 per acre.

2. Water Bars. The flat rate payment for this practice is $0.75 per linear foot of structures. The base cost is $1 per linear foot of structures.

3. Water Deflector and Open Top Culvert. The flat rate payment for this practice is $3.75 per linear foot of structures. The base cost is $5 per linear foot of structures.

4. Culverts (steel, aluminum, polyurethane). The flat rate payment for this practice is a variable rate per linear foot of structure based on culvert diameter.

Category

Flat Rate/Ft.

Base Cost/Ft.

A)

15" diameter culvert

$18

$24

B)

18" diameter culvert

$24

$32

C)

21" diameter culvert

$30

$40

D)

24" diameter culvert

$36

$48

5. Portable Timber Bridges. The flat rate payment for this practice is $375 per harvest. The base cost is $500 per harvest.

6. Rock Fords. The flat rate payment for this practice is $500 per ford. The base cost is $666 per ford.

History

• Source: Amended at 49 Ill. Reg. 10446, effective July 31, 2025

17 Ill. Adm. Code 1536.77 Invasive and Exotic Species Control

The purpose of controlling invasive and exotic species is to eradicate or control the establishment and spread of exotic and invasive plants that threaten forest regeneration, productivity, native plant diversity and wildlife habitat. These practices are priority practices for cost-share funding.

a) Cost-share is authorized for the control of species that are considered a biological threat to the successful establishment or management of the forest flora. Target species must be identified in the Plan.

b) Invasive and Exotic Species Control. The flat rate payment for this practice is a variable amount ranging from $90 to $555 per acre. The base cost is a variable amount ranging from $120 to $740 per acre. Treatment is to be applied to/attempted for all target species present and result in a minimum mortality or effective control rate of 85%.

1. Cost-share categories and flat rate payments are:

Category

Flat Rate/A.

Base Cost/A.

A)

Less than 10% of treatment area occupied by target species; brush mowing may be used

$90

$120

B)

10% to 25% of treatment area occupied by target species

$180

$240

C)

26% to 50% of treatment area occupied by target species

$240

$320

D)

51% to 75% of treatment area occupied by target species

$375

$500

E)

More than 75% of treatment area occupied by target species

$555

$740

2. Treatment methods can be combined and may be accomplished mechanically and/or by herbicide application, cutting, pulling, burning or other means. Cost-share may be authorized for second and third treatments to the same treatment area within a 10-year period, as outlined in the Plan.

A) Additional treatment of Category D or E areas may be cost-shared no higher than Category B.

B) Additional treatment of Category B or C areas may be cost-shared no higher than Category A.

C) Aerial applications via fixed wing, helicopter, or drone as an initial treatment will be cost-shared no higher than Category A.

History

• Source: Amended at 49 Ill. Reg. 10446, effective July 31, 2025

17 Ill. Adm. Code 1536.80 Appeal

a) A timber grower whose proposed Plan or completed practice is not approved by the Department Forester may appeal to the Department.

b) The appeal must be made in writing and delivered to the Department within 30 days after the date that the proposed plan or proposed practice was denied for cost-share by the Department. Appeals shall be sent to the address in Section 1536.90.

c) The Department will notify the applicant in writing within 60 days after receipt of the appeal and review of the documentation provided in the appeal by the timber grower stating the reasons for which the original decision is upheld or reversed.

History

• Source: Amended at 49 Ill. Reg. 10446, effective July 31, 2025

17 Ill. Adm. Code 1536.90 Information

Anyone wishing additional information or to file an appeal concerning this Part may contact:

Administrator

Forest Management Programs

Illinois Department of Natural Resources

Division of Forest Resources

One Natural Resources Way

Springfield IL 62702-1271

History

• Source: Amended at 49 Ill. Reg. 10446, effective July 31, 2025

17 Ill. Adm. Code 1536.100 Repayment of Cost-Share Monies

Each participant in this Forestry Development Cost-Share Program is responsible for complying with the terms and conditions stated in the plan, and shall follow the provisions detailed in the Plan. Refund of all cost-share payments made to the participant will be required if the property is removed from the Forest Development Program for non-compliance, or the forest is converted to another land use, or the Agreement is not followed and/or the practice is not maintained for its minimum lifespan. Each practice carries a 10 year life span starting on the date the practice was completed and approved by Department. The Department shall notify the participant in writing of any non-compliance with the Act or this Part. The participant shall be allowed 30 days in which to correct the stated defect. If such correction is not completed and approved by the Department, the moneys paid to the participant under the Act and this Part shall be refunded as required in the Act. Refund checks should be made payable to the Illinois Department of Natural Resources and payment is required within 30 days after receiving the written invoice from the Department. Participants who refuse voluntary repayment will be subject to liens filed against their property or withholding of State payments by the Comptroller of Illinois.

History

• Source: Amended at 49 Ill. Reg. 10446, effective July 31, 2025

Chapter I Department of Natural Resources

Subchapter d Forestry

Part 1537 Forest Management Plan

17 Ill. Adm. Code 1537.1 Definitions

"Advance Regeneration" – tree seedlings and saplings established and growing in the forest understory.

"Afforestation" – the establishment of forest trees by planting or seeding an area not previously forested.

"Basal Area" or "BA" – a measurement of the cross-sectional area of a tree, taken at breast height (4½ ft.); a term commonly used as a measure of forest density and expressed in square ft./acre.

"Base Cost" – the estimated total cost of work for a practice based on the market.

"Cancel" – the act of an IDNR Forester cancelling a timber grower's Plan and enrollment in the Program due to:

sale of property;

failure to follow or implement required practices;

failure to adhere to 17 Ill. Adm. Code 1536; or

due to a timber grower performing or advocating any act or effort that damages, hinders or destroys forest land or forest resources in the FDA Program.

Cancellation removes a timber grower from the Program, thus preluding any benefits of the FDA Program, including preferential property tax assessment levels guaranteed by the program.

"Compatible Forestry Use" – lands not having productive forest, but that are permanent natural features or land uses that facilitate, compliment or enhance natural wildlife habitat, natural resource conservation or environmental or site quality, such as a rock outcropping, open wetland, natural grassland, firebreak, food plot or pond.

"Contiguous" – continuing without interruption by a nonforestry land use.

"DBH" or "Diameter at Breast Height" – the diameter of a tree's trunk measured at 4½ feet above ground level on the uphill side.

"Desirable Species" – native or adapted forest trees, shrubs and herbs having desirable attributes as forest products and habitat.

"FDA" means the Illinois Forestry Development Act [525 ILCS 15].

"Flat Rate Payment" – a lump sum cost-share payment to a timber grower to cover a portion of the cost of a successfully completed practice, according to 17 Ill. Adm. Code 1536 and the Program Agreement.

"Forest" – a biological community whose dominant vegetation is trees.

"Forestry Best Management Practices" or "BMPs" – practical and economically achievable practices for preventing or reducing nonpoint source pollution.

"Forest Management Plan" or "Plan" – a written forest management planning document required of an entity entering the Program described in 17 Ill. Adm. Code 1536 and prepared, by a timber grower, professional forester or natural resource manager, to guide and direct the use and management of a forest property under the FDA, this Part (Section 1537.60 and Exhibit A, Section VIII) and 17 Ill. Adm. Code 1536. The Plan must be certified by the IDNR Forester.

"IDNR Forester" – an employee of the Department of Natural Resources, Division of Forest Resources, who is designated by position title as Forest Management Program Manager, Regional Forestry Administrator, Forestry Natural Resource Specialist or Natural Resource Advanced Specialist.

"Practice" – specific activities prescribed to be completed in an effort to improve or enhance the health, composition, quality, regeneration and growth of forests.

"Program" means the Forestry Development Cost-share Program authorized by the FDA and implemented at 17 Ill. Adm. Code 1536.

"Reforestation" – the re-establishment of forest cover by natural or artificial means on areas recently or historically supporting forest cover.

"Regeneration" – the renewal of a tree crop by natural seeding, sprouting, planting, harvesting or other methods; also includes young trees that will develop into the future forest.

"Silviculture" – the art, science and practice of establishing, tending and regenerating forest stands for the production of goods and services; the theory and practice of controlling forest establishment, composition and growth.

"Special Sites" – sites offering unique historical, archaeological, cultural, geological, biological or ecological characteristics.

"Stand" – a group of trees that, because of their similar age, condition, composition, management history and soil characteristics, are logically managed together as a single unit.

"Stocking" – a function of the number of trees, basal area and quadratic mean diameter per acre in a specific forest area compared to the optimal level to best achieve management objectives. Stocking may be expressed as a percentage or in relative terms such as understocked, fully stocked or overstocked.

"Timber" – trees, standing or felled, and parts of trees, that are capable of attaining a size and form that allows the trees to be sawn into usable lumber products, excluding Christmas tree plantations and woody crops raised primarily or exclusively for use as firewood or biomass.

"Timber Grower" – the owner, tenant or operator of land in this State who has an interest in, or is entitled to receive any part of the proceeds from, the sale of timber grown in this State and includes persons exercising authority to sell timber.

"Timber Stand Improvement" or "TSI" – a combination of intermediate cultural treatments designed to improve the growth, condition and composition of the forest.

"Treatment" – the act or effort of performing and successfully completing a practice or a combination of practices included in the Plan.

"Tree Shelter" – a constructed or commercially purchased shelter that is at least 4' in height designed to protect a tree from wildlife damage and/or enhance growth. Tree shelters must conform to 17 Ill. Adm. Code 1536.65(c)(1).

"Wetlands" – those areas inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted to life in saturated soil conditions.

History

• Source: Amended at 41 Ill. Reg. 15790, effective December 18, 2017

17 Ill. Adm. Code 1537.2 Forest Management Plan Development

Timber growers or their representatives may develop a 10-year Forest Management Plan (proposed Plan) and submit it to the Illinois Department of Natural Resources, Division of Forest Resources, IDNR Forester serving the county in which the land is located. The IDNR Forester will review and certify the proposed Plan in accordance with this Part. An outline listing all the required content, format and order of an eligible Plan is in Exhibit A. Plans must adhere to this Part, including Exhibit A. Forest practice standards and specifications recommended or required by the Plan preparer must meet those outlined in 17 Ill. Adm. Code 1536.

History

• Source: Amended at 41 Ill. Reg. 4306, effective March 31, 2017

17 Ill. Adm. Code 1537.5 Eligibility

The Illinois Forestry Development Act creates a voluntary cost-share program.

a) A minimum of 90% of lands designated in the Plan must physically and biologically support forests and timber. Land not supporting forest or growing timber may total up to 10% of Plan acreage if it is a compatible conservation use or important to conservation and timber management and occurs as an integrated, inseparable or adjacent natural resource.

1. Lands used as field windbreaks, commercial nut/fruit orchards, commercial farmland, landscape nurseries, Christmas trees or similar nonforestry uses are not eligible for enrollment.

2. Annual food plots or similar wildlife openings in or adjacent to the forest that are tilled, worked and seeded or planted annually or occasionally may not exceed 2 acres and may not occur at a density greater than 2 total acres of plot per 40 acres. No existing forest may be cleared to create a food plot or wildlife opening.

b) A timber grower must own or operate at least 10 contiguous acres of land that is systematically managed for the production of timber and natural resource conservation. No acre on which a permanent building is located shall be included in calculations of acreage for the purpose of determining eligibility. Once eligibility of the 10 contiguous forest acres is met, additional forested acres one acre in size or larger located on contiguous or adjoining parcels under the same ownership are eligible to be included in the Plan. Non-forested areas adjoining the 10+ qualifying contiguous acres may be included in the Plan for Compatible Forestry Use under subsection (a)(2).

c) The timber grower must agree to implement the Plan and demonstrate progress in completing the required practices of that Plan. Participants must allow field inspections by the IDNR Forester to ensure Plan compliance.

d) All acreage and status changes or Plan modifications must be documented on an original or new Certification Form signed by the IDNR Forester and the timber grower.

e) Grandfathered parcels; Timber growers owning less than 10 acres who were enrolled prior to 2009 and have maintained continuous participation, meeting program requirements, may participate as grandfathered parcels until such time as they withdraw or are cancelled by an IDNR Forester. Those growers may not reduce enrolled acreage. Grandfathered acreage may be re-enrolled and may be transferred to another grower if the grandfathered acreage changes ownership.

History

• Source: Amended at 41 Ill. Reg. 4306, effective March 31, 2017

17 Ill. Adm. Code 1537.6 Cover Page and Certification Form

All Plans must include the first page as a cover page with the following minimum correct information: timber grower's and Plan preparer's name, address, phone number and email address (if available), date of the proposed Plan preparation, number of acres covered under the Plan and duration of the Plan. Additionally, proposed Plans must be accepted and signed by the timber grower and certified by the IDNR Forester in writing on the Forest Management Plan Certification Form (Exhibit B). The IDNR Forester will notify the timber grower and proposed plan preparer of the certification, or the reasons that prevent the proposed Plan from being certified, within 60 days after receiving it. Upon Plan certification, the timber grower may have the IDNR Forester submit a Plan Certification Form to the Illinois Department of Revenue and the county assessor will be notified quarterly in accordance with Section 10-150 of the Property Tax Code [35 ILCS 200].

History

• Source: Added at 41 Ill. Reg. 4306, effective March 31, 2017

17 Ill. Adm. Code 1537.10 Property Location and Description

The minimum legal description of the property to be managed must include quarter section, section, township, range and county. Plans must describe the relationship of the forest property in context to the surrounding properties. A minimum property description should include a geographic location, access to the property and forest, significant features, management history and restrictive easements.

History

• Source: Amended at 41 Ill. Reg. 4306, effective March 31, 2017

17 Ill. Adm. Code 1537.12 Goals and Objectives

A timber grower's goals or objectives regarding management of the forest or land and any natural resource concerns must constitute a section of the Plan and must be compatible with the FDA, this Part and 17 Ill. Adm. Code 1536. The FDA program participation requires the production of timber as an ongoing goal. Specific stand recommendations and requirements in the Plan are to be based on the goals, objectives or concerns stated in that section of the Plan. Management goals, objectives or concerns stated in that section should be clear, time specific, achievable and expressed in terms that are measurable.

History

• Source: Amended at 41 Ill. Reg. 15790, effective December 18, 2017

17 Ill. Adm. Code 1537.15 Maps

Aerial photography or maps clearly depicting the property and forest stands and the soils within the stands, as well as other important features, are required for each Plan. Maps must include at least the information and specifications listed in Section 10 of Exhibit A.

History

• Source: Amended at 41 Ill. Reg. 4306, effective March 31, 2017

17 Ill. Adm. Code 1537.18 Soils Information

All Plans must include a description of soil properties and features affecting forest growth and productivity. Information may be generalized over the property when soil conditions are uniform or addressed on a stand-by-stand basis and mapped on aerial photography. Soil information must include the soil names, mapping units, site index and timber yield productivity for primary tree species. Information should include facts about drainage, erodability or other management limitations.

History

• Source: Added at 41 Ill. Reg. 4306, effective March 31, 2017

17 Ill. Adm. Code 1537.20 Stand Description and Analysis

a) A description is required for each forest stand regardless of size in acres. The information and data must be described and interpreted in detail and include all items listed in Section 5 of Exhibit A for each forest or reforestation stand.

b) Systematic Inventory

A systematic inventory of each forest stand must be conducted and must include all forest trees of 2 inch diameter or larger.

1. For each forest stand under 10 acres, data may be collected through any valid systematic or professional methodology agreed upon by the IDNR Forester.

2. Each forest stand 10 acres or greater requires that a detailed forest inventory be conducted. Inventory data must be analyzed by statistically sound software programs or hand calculation based on forest measurement principals. Inventory-analysis programs must be approved by the IDNR Forester. Criteria for forest inventory accuracy are ±10% of the basal area/acre and ±10% of the volume/area using a 90% statistical confidence level.

c) Copies of inventory plot data and field notes must be delivered to the IDNR Forester for review upon request. The IDNR Forester will determine if all of the required inventory data meets accuracy requirements. Forestry inventory data is considered valid for 10 years from the growing season it was recorded. Use of older data is not allowed unless specifically approved in writing by the IDNR Forester in advance of Plan preparation.

History

• Source: Amended at 41 Ill. Reg. 15790, effective December 18, 2017

17 Ill. Adm. Code 1537.21 Stand Practices

A detailed narrative description and interpretation of recommended and required silvicultural practices based on the designated silvicultural system and stand specific objectives is required for each forest or reforestation stand regardless of size in acres. Silvicultural treatments or prescriptions should be integrated with timber grower objectives and management of surrounding stands. Recommendations and information must include all practices required for the following 10 years and include all items listed in Section 6 of Exhibit A.

a) Timber harvest prescriptions must achieve goals of the silvicultural system for forest regeneration and the Plan. Harvest prescriptions must include strategies to assure timely regeneration of forest stands. Forest practices that establish advanced regeneration prior to harvest are considered a priority to the Division of Forest Resources. A timber harvest projection must be made if a harvest is not prescribed in the 10 year schedule. All timber harvesting activities must adhere to the laws of Illinois and follow the Illinois Forestry Best Management Practices (BMPs). A copy of the BMPs (June 2007, or most current version) is available on the University of Illinois, Southern Illinois University and IDNR websites.

b) Reforestation and afforestation practices must address site preparation, planting methods, vegetation control, species selection, species quantities, spacing and planting design. FDA Certification may be cancelled in accordance with Section 1537.72 if the reforestation is not completed by the second planting season, unless delayed due to circumstances beyond the control of the timber grower.

History

• Source: Amended at 41 Ill. Reg. 15790, effective December 18, 2017

17 Ill. Adm. Code 1537.25 Harvest Schedule Projected 10 Years (repealed)

History

• Source: Repealed at 41 Ill. Reg. 4306, effective March 31, 2017

17 Ill. Adm. Code 1537.30 Reforestation and Afforestation (repealed)

History

• Source: Repealed at 41 Ill. Reg. 4306, effective March 31, 2017

17 Ill. Adm. Code 1537.35 Afforestation Plan (repealed)

History

• Source: Repealed at 14 Ill. Reg. 18222, effective October 29, 1990

17 Ill. Adm. Code 1537.38 Conservation Opportunities, Constraints and Concerns

Plans must address the resource values and items outlined in Section 7 of Exhibit A and integrate forestry practices with conservation of habitats, natural resource features and the greater landscape.

History

• Source: Added at 41 Ill. Reg. 4306, effective March 31, 2017

17 Ill. Adm. Code 1537.40 Forest Regeneration (repealed)

History

• Source: Repealed at 41 Ill. Reg. 4306, effective March 31, 2017

17 Ill. Adm. Code 1537.42 Recreational Use and Aesthetics

a) Recreation and aesthetic use and visual quality considerations that are compatible with forestry practices, goals and objectives are encouraged. Intensive uses such as commercial campgrounds, off-road vehicle parks, or similar endeavors are not permitted. Passive and/or nonintensive recreational and aesthetic activities that may produce revenue are allowed.

b) Air, soil and water quality conservation must consider soils, topography and riparian areas when choosing silvicultural treatments and practices. Measures to reduce and stabilize soil erosion shall be included. Implementation must adhere to federal, State, county and local laws and regulations.

c) Wetlands described in the Plan must be conserved and considered when choosing silvicultural treatments and practices. Ecological values of conserving wetlands and forested wetlands shall be discussed.

d) Fish, wildlife and biodiversity habitat practices that enhance terrestrial and aquatic species should be integrated into the Plan. Prescriptions should be consistent with the Illinois Wildlife Action Plan.

e) Forest health and protection concerns are to be integrated into stand prescriptions and practices. Forest health threats or conditions must be addressed, as well as appropriate procedures to detect and adjust management for significant biological and environmental concerns.

f) Threatened and endangered plant and animal species, as well as special cultural, historical and archaeological resources, must be identified to the extent possible by consulting the Ecological Compliance Assessment Tool (EcoCAT) inventory database available on the IDNR website, through field observations and via communication with timber growers and natural resource specialists. Management recommendations and requirements for rare, threatened or endangered species must be discussed with qualified experts and, if a federally listed species requiring habitat protection or special Illinois cultural sites exist, the Plan will be adjusted.

History

• Source: Amended at 41 Ill. Reg. 15790, effective December 18, 2017

17 Ill. Adm. Code 1537.45 Soil and Water Conservation Goals (repealed)

History

• Source: Repealed at 41 Ill. Reg. 4306, effective March 31, 2017

17 Ill. Adm. Code 1537.50 Forest Wildlife Habitat Enhancement (repealed)

History

• Source: Repealed at 41 Ill. Reg. 4306, effective March 31, 2017

17 Ill. Adm. Code 1537.55 Protection Measures (repealed)

History

• Source: Repealed at 41 Ill. Reg. 4306, effective March 31, 2017

17 Ill. Adm. Code 1537.60 Management Practice Activity Schedule

All Plans must include a table of the recommended and required forestry practices to include all items listed in Section 8 of Exhibit A. Recommended practices shall be listed immediately preceded by the word optional.

History

• Source: Amended at 41 Ill. Reg. 15790, effective December 18, 2017

17 Ill. Adm. Code 1537.65 An Estimate of the Practice Costs (repealed)

History

• Source: Repealed at 41 Ill. Reg. 4306, effective March 31, 2017

17 Ill. Adm. Code 1537.70 Forest Management Plan Approval (repealed)

History

• Source: Repealed at 41 Ill. Reg. 4306, effective March 31, 2017

17 Ill. Adm. Code 1537.71 Plan Review

Active Plans may be modified by the IDNR Forester and/or by agreement of the timber grower and the IDNR Forester to address new forest conditions, concerns or management strategies.

a) Plan reviews are required biennially. The IDNR Forester is responsible for monitoring the implementation of the Plan by the timber grower. Timber growers must submit a written statement biennially, upon request of the IDNR Forester, stating the present status of the forest and all progress in carrying out the current Plan prescriptions.

b) Plans are valid until cancelled by the IDNR Forester. Plans must be reviewed at the 10 year anniversary date. A new plan or modified plan must be submitted to the IDNR Forester for renewal of the certification.

c) Plans may be modified to adjust acreage or management activities, if approved by the IDNR Forester. Modified Plans remain valid for their original 10 years or, with newly collected forest inventory data and results, a new 10 year period can be established.

History

• Source: Added at 41 Ill. Reg. 4306, effective March 31, 2017

17 Ill. Adm. Code 1537.72 Cancellation Process

a) If a timber grower or property under a Plan is found to be out of compliance for the reasons stated in subsection (b), the Plan may be cancelled or put on probationary status. The timber grower will be notified in writing regarding the specific problems resulting in the cancellation and will be given up to 45 days to respond. Probation may allow up to one year to comply with existing, new or modified schedules of management practices approved by the IDNR Forester. If the timber grower is found to be out of compliance for the reasons stated in subsection (c), the Plan will automatically be cancelled.

b) The Plan will be cancelled or placed on probationary status if the timber grower fails to:

1. follow the requirements outlined in the Plan;

2. protect the land from domestic livestock grazing and fire, unless prescribed in the Plan;

3. submit the written statement required by Section 1537.71;

4. successfully afforest/reforest required planting sites by the second available planting season, unless delayed due to circumstances beyond the control of the timber grower;

5. follow Illinois Forestry BMPs during harvest operations.

c) The Plan will be automatically cancelled for the following reasons:

1. the timber grower requests to be removed from the FDA Program;

2. the timber grower no longer meets the minimum criteria or eligibility for certification, except for active, grandfathered parcels;

3. the property is sold or transferred, unless the subsequent timber grower assumes the existing Plan;

4. death of the timber grower, unless the subsequent timber grower assumes the existing Plan;

5. harvest of timber when it was not prescribed in the Plan;

6. failure to follow timber harvest prescriptions or selling trees not designated, marked or approved by the IDNR Forester;

7. the timber grower fails to respond to a letter discussing probation or fails to correct problems that initiated probationary status in the time allowed.

d) Upon cancellation of a Plan, the Illinois Department of Revenue and the county assessor will be notified quarterly in accordance with Section 10-150 of the Property Tax Code [35 ILCS 200]. If cancellation occurs within the life span of cost-shared practices, monies received by timber growers from State cost-share programs will be subject to recapture pursuant to State and federal law.

History

• Source: Amended at 41 Ill. Reg. 15790, effective December 18, 2017

17 Ill. Adm. Code 1537.75 Appeals

a) Any timber grower whose property is considered ineligible, whose initial certification is denied, whose Plan is cancelled or whose practice is not approved by the IDNR Forester may appeal to the Regional Review Committee (see 17 Ill. Adm. Code 2530). The Regional Review Committee is composed of the Regional Administrator, an IDNR Forester from another district in the Region and the Forest Management Program Manager.

b) The appeal must be made in writing within 45 days from the date that the Plan was cancelled or practice was not approved to the Forest Management Program Manager at the address listed in Section 1537.85.

History

• Source: Amended at 41 Ill. Reg. 4306, effective March 31, 2017

17 Ill. Adm. Code 1537.80 Annual Review Process (repealed)

History

• Source: Repealed at 41 Ill. Reg. 4306, effective March 31, 2017

17 Ill. Adm. Code 1537.85 Information

Anyone wishing additional information may contact the Department of Natural Resources at the following address:

Illinois Department of Natural Resources

ORC – Division of Forest Resources

One Natural Resources Way

Springfield IL 62702-1271

History

• Source: Amended at 41 Ill. Reg. 4306, effective March 31, 2017

17 Ill. Adm. Code 1537.90 Amended Plans (repealed)

History

• Source: Repealed at 41 Ill. Reg. 4306, effective March 31, 2017

17 Ill. Adm. Code 1537.EXHIBIT A Forest Management Plan Outline

I. Cover Page

A. Timber grower's name, address, phone number and email

B. Plan preparer's name, address, phone number and email

C. Plan preparation date

D. Plan acreage

E. Plan duration and Plan expiration date

II. Signatures and Approval Page (IFDA Certification, Exhibit B)

III. Property Location and Description

A. General land description

1. Quarter section, section, township, range

2. Name of township and county

B. Specify how to access property (include GPS coordinates)

C. Adjacent land use to the north, south, east and west of this property

D. Land use and/or management history

E. Acknowledgement of easements, legal land designations or encumbrances

IV. Forest Management Goals and Resource Concerns

V. Stand Descriptions and Analysis

A. Existing forestland

1. Stand # and acreage

2. Topographic features and aspect

3. Soils

a. Soil mapping units

b. Site index

c. Annual timber productivity or yield (bd.ft./acre or ft3/acre)

4. Society of American Foresters cover type or IL natural community type

5. Stand age class or structure

6. Tree size classes and canopy position

7. Invasive and/or exotic species

(Provide separate assessments for woody and herbaceous species)

a. Species present and relative size

b. Percent ground and/or canopy cover

c. Average number of woody stems per acre

8. Advanced regeneration and understory conditions

9. Forest inventory data (stand and stock tables)

a. Stand-level summary data

a.1. Trees/acre

a.2. Basal area/acre

a.3. Volume/acre

a.4. Quadratic mean diameter (QMD) or average diameter

a.5. Stocking level

a.6. Percent stocking

b. Species-level summary data, by stand

b.1. Trees/acre

b.2. Basal area/acre

b.3. Volume/acre

b.4. Average diameter

10. Timber quality and timber production assessment

11. Timber harvest and forest practices history

12. Active conservation practices or projects

B. Afforestation or reforestation land (if applicable)

1. Stand or field # and acreage

2. Existing vegetative cover

3. Topographic features and aspect

4. Site limitations

5. Soils

a. Soil mapping units

b. Site index

c. Annual timber productivity or yield (bd.ft./acre or ft3/acre)

d. Soil drainage class

VI. Stand Prescriptions

A. Existing forestland

1. Designation and description of the silvicultural system

2. Stand-specific objectives

3. Narrative description of silvicultural practices and treatments necessary to achieve stand objectives and desired future conditions

4. Appropriate quantified practice and treatment targets based upon stand objectives, silviculture and desired future conditions

a. Stocking or density

a.1. Basal areas to remove and retain

a.2. Avg. # of crop trees/acre to release and retain

a.3. Avg. # of trees/acre to remove and retain

b. Desired species composition

c. Desired stocking percent

d. Exotic/invasive species control prescriptions and required targets of treatment

d.1. Expected post-treatment results, including residual population structure and density for each prescribed treatment

e. Underplanting specifications

e.1. Planting stock species

e.2. Planting stock type, source and quantity

e.3. Location and spacing

e.4. Site preparation

e.5. Competing vegetation control and maintenance

f. Quantified wildlife habitat specifications

g. Advance regeneration specifications, composition and quantity

h. Prescribed burning specifications or plan, if applicable (Prescribed burn plans must be submitted to the IDNR Forester prior to application for cost share assistance)

5. Timber harvest schedule and harvest projections

B. Afforestation or reforestation land (if applicable)

1. Planting stock species

2. Planting stock type, source and quantity

3. Planting stock size or specifications (other than required)

4. Planting method

5. Site preparation specifications and cover crop needs

6. Row spacing (between and within)

7. Vegetation control and maintenance

8. Post-planting care and management

9. Minimum performance standards

a. Survival of planted stock per acre

b. Suppression of grasses and weeds

VII. Conservation Opportunities, Constraints and Concerns

A. Recreation and aesthetics

1. Address timber grower's goals and objectives

2. Visual impacts (aesthetics) or recreational use impacts resulting from applied management activities (if any)

B. Air, soil and water quality conservation

1. Presence or absence of forest structure, condition and concerns affecting air, soil and water quality

2. How the affecting condition can be maintained or modified to have positive influence on the air, soil and water conservation

3. Prescribe site-specific Illinois Forestry Best Management Practices necessary to conserve soil and water quality

C. Wetland protection

1. Presence and location of possible wetlands on the property; the Plan is not an official determination of wetlands

2. Management activities necessary to protect streams, ponds or wetlands

3. Prescribe site-specific Illinois Forestry Best Management Practices necessary to conserve wetland functions and features

D. Fish, wildlife and biodiversity

1. Address timber grower's specific goals and objectives

2. Consistent with IDNR State Wildlife Action Plan (available on the IDNR website)

E. Forest health and protection

1. Detection and/or management of existing and imminent insects and diseases

2. Implications of relevant or existing invasive/exotic species

3. Physical or environmental threats or damage

4. Livestock management and/or exclusion recommendations if applicable

F. Threatened and endangered (T&E) species

1. Search Ecological Assessment Tool (EcoCAT) database, available on the IDNR website

2. Explain records or facts of existing and likely T&E species

3. Management implications or constraints of existing T&E species

4. Management for federally listed species requiring habitat protection

G. Identify and protect special sites

1. Summarize findings from field reconnaissance with regard to special sites (unique historical, archaeological, cultural, geological, biological or ecological characteristics)

2. Provide protection and mitigation measures from planned forest management activities for documented special sites

VIII. Practice Schedule (of all prescribed forest management practices)

A. List the practices planned for each stand for the next 10 years; list these practices in priority order; use a table format

B. Use one table row for each unique treatment in order of treatment priority

C. Include the following information under column headings

1. Year practice prescribed

2. Stand

3. Treatment description

4. NRCS practice code

5. Treatment units

6. IFDA requirement? (yes or no)

7. Proposed completion date

D. Practices that are recommended for good forest management but not required shall be listed, preceded by the word optional

IX. Considerations Specific to the Forest Development Cost-Share Program

A. Plan entitlements for timber grower or subsequent timber growers

1. Eligible for technical assistance from the IDNR Forester

2. Eligible for IDNR nursery stock, pending availability

3. Eligible for cost-share funds to help implement planned practices

B. Plan requirements of timber grower or subsequent timber growers

1. Afforested/reforested area must maintain a minimum stocking level of 300 live, desirable trees/acre during establishment

2. Repay all cost-share monies if Plan is cancelled

3. Never remove IDNR nursery stock with the roots attached

4. Timber harvest marking or operations will be only as approved by the IDNR Forester

5. Modify the Plan or practices within the Plan period only with approval of both the timber grower and IDNR Forester, and documented in writing

6. Return biennial review letter to maintain enrollment in IFDA Program

7. Protect Plan acreage from wildfire

8. Exclude any Plan acreage accessible to livestock unless approved in the Plan

9. To implement this Plan according to the practice schedule and not contingent upon State or federal funding

10. Notify IDNR within 30 days of address or ownership changes

X. Plan Maps (copy-ready on 8.5 x 11 inch paper)

A. Property map

1. North arrow and legend

2. Map with timber grower name, township, county and scale

3. Depict property and stand boundaries, roads, fields, water and features

4. Aerial photo having minimum scale of 1" = 660' or 1:7920

5. Large properties may adjust scale to fit 8.5 x 11 inch paper

6. GPS coordinates

B. Soils map

1. North arrow and legend

2. Map with timber grower name, township, county and scale

3. Forest areas and soil mapping units, roads, fields, water and features

4. Aerial photo having minimum scale of 1:16,000 or larger

5. GPS coordinates

XI. Appendices

A. Glossary of technical terminology

B. Documents cited in the body of the Plan

C. Forest inventory data, output or report

History

• Source: Amended at 41 Ill. Reg. 15790, effective December 18, 2017

17 Ill. Adm. Code 1537.EXHIBIT B the Illinois Forestry Development Act (fda) "forest Management Plan Certification"

TIMBER GROWER: ______________________________

ADDRESS: __________________________________________________

TOWN: _______________________ STATE: ______ ZIP: _________

EMAIL: ___________________________

FORESTRY PLAN # ____________________ ACREAGE: ________________

County Case File #

LEGAL LOCATION DESCRIPTION:

T

R

Quarter

Section

Township #

Range #

County

(Fractional Quarter, Quarter, Section, Township #, Range #, County, Principal Meridian)

PROPERTY TAX ID NUMBERS:

1.______________________________ 3.______________________________

2.______________________________ 4.______________________________

(Required only when plan will be used for preferential tax treatment)

I am the owner of the property or entity for which this plan has been prepared. The plan has been prepared in accordance with the Illinois Forestry Development Act [525 ILCS 15] and meets my requirements. I understand I am obligated to implement the Plan regardless of the availability of incentives and will follow the prescriptions to the best of my ability. If any changes in ownership or conditions of the forest occur, I will notify the Department of Natural Resources, Division of Forest Resources, IDNR Forester in writing within 30 days. An approved Forest Management Plan guarantees an equalized assessed valuation of 1/6 of the cropland productivity index for the acreage enrolled in the Program.

SHALL THIS CERTIFICATION BE FORWARDED TO THE ILLINOIS DEPARTMENT OF REVENUE FOR PREFERENTIAL TAX TREATMENT?

YES

NO

(District Forester will forward if YES is checked)

Approval of this plan does not guarantee that all projected cultural practices will be approved for cost share payments. Cost sharing is available on a first-come, first-served basis, as funds are available. Applications for cost-share assistance must be approved by the District Forester before practices are begun.

PLAN DEVELOPED BY:

DATE:

TIMBER GROWER

ACCEPTANCE:

DATE:

ILLINOIS DEPARTMENT OF NATURAL RESOURCES APPROVAL BY DISTRICT FORESTER:

4306April 12, 2017_____________________________ DATE: __________

< choose one or more >

NEW PLAN ______ RENEWAL ______

CANCELLATION _______ ACREAGE CHANGE ________ ADDRESS CHANGE _______

FULL TRANSFER _______ PARTIAL TRANSFER _______

• attach additional sheets as needed

History

• Source: Amended at 41 Ill. Reg. 4306, effective March 31, 2017

Part 1538 Urban and Community Forestry Grant Program

17 Ill. Adm. Code 1538.5 Purpose

The purpose of the Urban and Community Forestry Grant Program is to provide financial assistance to local units of government for the development of plans and implementation of programs for the establishment, management, conservation, and preservation of the urban and community forest.

History

• Source: Amended at 20 Ill. Reg. 5788, effective April 4, 1996

17 Ill. Adm. Code 1538.10 Definitions

"Act" means the Urban and Community Forestry Assistance Act [30 ILCS 735].

"Applicant" means a unit of local government. An Illinois chartered not-for-profit corporation as defined in the General Not-For-Profit Corporation Act of 1986 can be a co-applicant with a unit of local government.

"Budgeted" means the unit of local government has, through legal means, authorized the expenditure of dollars within the appropriate department for forestry activities described in the Urban and Community Forestry Management Plan and the Urban and Community Forestry Project Proposal.

"Comprehensive Urban and Community Forestry Management Plan" means a written comprehensive document used as a guide for urban and community forestry management decisions. It contains information on history, policy, budget, inventory analysis of the forest ecosystem resources and management prescriptions, and describes how a unit of local government will protect, enhance, conserve, maintain and expand the urban and community forestry resource. This plan links together all aspects of a local government's Urban Forestry Projects into a comprehensive document.

"Department" means the Illinois Department of Natural Resources.

"Equipment" means tangible items of a non-consumable nature exceeding $100.

"Inner City Projects" refers to projects located in older and more densely populated residential sections of a city in which low income and/or minority groups predominate. Projects include: tree planting, tree removal for public safety, vacant land enhancement, green way and river way enhancement, and forest health monitoring and control.

"Urban and Community Forestry Project Proposal" means a written document proposing action to be implemented to complete a specific project approved by the Department pursuant to the Act.

History

• Source: Amended at 27 Ill. Reg. 18977, effective December 4, 2003

17 Ill. Adm. Code 1538.20 Eligibility

a) Participation in the Urban and Community Forestry Grant Program is available to local units of government. An Illinois chartered not-for-profit corporation as defined in the General Not-For-Profit Corporation Act of 1986 can be a co-applicant of local government.

b) An Urban and Community Forestry Project Proposal must be reviewed, selected under a competitive review process and approved by the Department before a grant will be awarded.

c) Units of local government must have, or during the course of this grant shall develop and put into effect, an urban and community forestry ordinance or resolution addressing their commitment. The purpose of the ordinance is to define the unit of local government's responsibility regarding public trees and other vegetation, identify tree care standards and to provide a legal basis for appropriating funds for urban and community forestry programs.

d) The local unit of government must have the ability to expend in cash 100% of the grant amount and either expend or document in-kind contribution of the local match.

History

• Source: Amended at 27 Ill. Reg. 18977, effective December 4, 2003

17 Ill. Adm. Code 1538.30 General Information

a) Grants are awarded for implementing Department approved Urban and Community Forestry Project Proposals. The application for a grant is evaluated based on the priorities defined in Section 1538.70.

b) Units of local government may apply jointly (or as a co-applicant with a chartered not-for-profit corporation as defined in the General Not-For-Profit Corporation Act of 1986) for approval of Urban and Community Forestry Project Proposals through the Urban and Community Forestry Grant Program. Contracts will be awarded to the unit of local government.

c) The total number of grants awarded each calendar year is dependent on the size of the grants and the total amount of funds available for the program in the given fiscal year (July 1-June 30).

d) A single grant to a unit of local government shall not exceed 5% of the amount allocated for the grant program by the Department in the current fiscal year. However, a cap at no more than 20% of the amount allocated for the grant program by the Department can be used for multi-community projects. Regardless of project size, one individual community can receive no more than 5% of the amount allocated for the grant program.

e) Grants will not be awarded for the purchasing of equipment.

f) Grant money is limited to Urban and Community Forestry Project Proposals for which the applicant will provide at least 50% of the cost. The unit of local government's share of the cost may be made by contribution of in-kind service. The unit of local government should set forth, in the application, in detail how such contribution will be made and document in-kind contribution. No federal funds may be used as the match for the project.

g) The Urban and Community Forestry Grant Program operates on a reimbursement basis only. Reimbursement is provided upon completion of the project approved in the Urban and Community Forestry Grant Contract and filing proper expenditure documents on forms provided by the Department within six months of the contract expiration date.

h) All project costs incurred before the unit of local government receives notice that they will receive a grant are not eligible for reimbursement.

i) Only one application for an Urban and Community Forestry Grant can be submitted from any one unit of local government per annual grant period.

j) Grants should not be used to substitute for existing urban forestry budgets, but used for new projects, new programs, State recognized forest health concerns and epidemics and major citizen safety concerns.

k) All records, receipts, expenditures, and program activities of a grant recipient are subject to audit by the Department.

History

• Source: Amended at 27 Ill. Reg. 18977, effective December 4, 2003

17 Ill. Adm. Code 1538.40 General Procedures

a) Necessary application forms are available from the Department of Natural Resource, Division of Resources Protection and Stewardship, One Natural Resource Way, Springfield IL 62702-1271. Urban and Community Forestry grant applications shall consist of the following basic requirements:

1. A completed application form with a complete narration of the proposed project.

2. A copy of the unit of local government's urban and community forestry ordinance, or equivalent.

3. A map of the municipality showing the location of the proposed project, if applicable.

4. A copy of the unit of local government's Department or Tree Board approved Urban and Community Forestry Management Plan.

5. A document showing how the unit of local government has budgeted for the Urban and Community Forestry Project Proposal.

6. Other supportive documentation.

b) Applications for grant assistance must be received on or before the date posted by the Department. Applicants will be notified as to the qualification or non-qualification of their application within 90 days after its receipt. Units of local government whose applications meet the qualifications specified in the Urban and Community Forestry Assistance Act and this Part will be ranked according to the priorities in Section 1538.70. When grant funds are available, funds will be obligated to qualified units of local government based on their geographic location and ranking.

c) Approved projects as specified in the Urban and Community Forestry Project Proposals must be implemented and completed by a date mutually agreed upon by the Department and the local government.

d) During the implementation of an Urban and Community Forestry Project Proposal, if it is necessary to make changes in scope, plans and/or specifications, the unit of local government shall obtain the Department's approval prior to any change. Changes shall be made a part of the project file and kept available for audit.

e) After a completed Urban and Community Forestry Project has been accepted by the Department and all subcontractors and bills have been paid, the unit of local government will prepare and submit a billing request to the Department for reimbursement of up to 50% of the actual approved project costs. Approved project costs are based on those that were budgeted for in the grant recipient's budget and included in the Department-approved Urban and Community Forestry Project Proposal. Only actual expenditures will be considered for reimbursement.

f) The Department may make on-site inspections, as deemed necessary in relation to the scope of the Urban and Community Forestry Grant Project, to check progress and compliance.

g) When applicable, the Department will contact the grant recipient to arrange the final on-site inspection prior to distribution of grant funds. This contact will be made after the grant recipient submits the required forms for reimbursement.

h) Grant recipients that do not meet the objectives or provide adequate documentation will not receive reimbursement.

History

• Source: Amended at 27 Ill. Reg. 18977, effective December 4, 2003

17 Ill. Adm. Code 1538.50 Urban and Community Forestry Project Approval

a) A unit of local government or its representative may develop an Urban and Community Forestry Project Proposal and submit it to the Department of Natural Resources, Division of Resource Protection and Stewardship along with the application for approval. The Urban and Community Forestry Project Proposal shall include:

1. Information about previous urban and community forestry programs and the importance of urban forestry to the community to be served by the unit of local government.

2. A narrative relating the importance of urban and community forest to the community served by the unit of local government and to the objectives of the Urban Forestry Project Proposal.

3. A list of tangible objectives, such as species and location of trees to be planted, number of people to be trained and type of training, documents to be developed, etc.

4. A narrative describing the proposed projects and actions.

5. A narrative explaining how the proposed projects and actions will meet the objectives of the community served by the unit of local government.

6. A statement describing how the project will develop or promote a local urban and community forestry program on a long-term basis.

7. An itemized budget for the proposed project.

b) Any unit of local government whose project is not approved may appeal to the Director of the Office of Resource Conservation. The appeal must be made within 30 days from the date that the plan or practice was not approved.

History

• Source: Amended at 27 Ill. Reg. 18977, effective December 4, 2003

17 Ill. Adm. Code 1538.60 Eligible Urban and Community Forestry Projects

Grant assistance may be obtained for, but not limited to, the following, which are not necessarily items listed in priority order:

a) The hiring of urban forestry personnel, consultants, interns or tree care companies to complete a Department-approved Urban and Community Forestry Project Proposal.

b) The development of a comprehensive Urban and Community Forestry Management Plan.

c) The establishment of a tree board.

d) The collection and organization of data, such as site, location and condition of trees along city streets or in parks. (Street Tree Inventory)

e) The training of unit of local government employees in tree care practices such as pruning, fertilizing, cabling and bracing.

f) Urban and community forestry educational and appreciation programs for the general public.

g) The removal of hazardous, nuisance and dead trees from public property.

h) Tree planting demonstration on public owned or controlled property.

i) The development of a plan for control of tree insects and disease agents.

j) The establishment or development of a tree ordinance.

1. The ordinance must indicate the need for the urban and community forestry program. For instance, the health, safety and welfare of the community's residents and the economic development of the community are two examples indicating need.

2. The ordinance must establish the division, department, board or other authority that will have the legal responsibility for the local Urban and Community Forestry Program including the implementation of the Urban and Community Forestry Project Proposal. The ordinance must specify the duties and responsibilities of the authority. If the authority is a board or commission, the ordinance must specify the number and qualifications of the members and their term of office.

3. The ordinance must state that one of the responsibilities of the authority is to develop written standards for tree planting and maintenance pursuant to the National Arborist Association's ANSI A300 Standard for Tree Maintenance, available from the Tree Care Industry Association, 3 Perimeter Road, Unit One, Manchester NH 03103, telephone 603-314-5380.

4. The ordinance must define who has the authority to plant and maintain trees on public property.

5. The ordinance should contain a provision for the removal of hazardous or diseased trees from private property.

k) Tree preservation and tree protection demonstration sites.

l) Inner-city tree improvement projects.

m) Tree and utility conflict resolution partnerships.

History

• Source: Amended at 27 Ill. Reg. 18977, effective December 4, 2003

17 Ill. Adm. Code 1538.70 Evaluation Priorities

a) Awarding of urban and community forestry grants will be determined by a competitive application process. The following criteria will be used to evaluate and select projects from qualified Urban and Community Forestry Project Proposals for grant funding. No special priority is given to any of the following items.

1. The need for the development of a Comprehensive Urban and Community Forestry Management Plan as indicated by documented public support.

2. The need for the project outlined in the proposed Urban and Community Forestry Project Proposal as documented by a Comprehensive Urban and Community Forestry Management Plan or other long-range planning document.

3. The need for the Urban and Community Forestry Project Proposal as indicated by public support. Public support must be documented by evidence of citizen participation in urban and community forestry programs, especially participation in the Urban and Community Forestry Project Proposal or copies of residents' requests for urban forestry assistance.

4. The commitment of individuals, businesses and other local organizations to the Urban and Community Forestry Project Proposal, as demonstrated by attendance at local participation meetings, volunteer service, funds raised or other in-kind contributions (based on population).

5. The need for assistance based upon the receipt of grant funds from the Department for implementing Urban and Community Forestry Projects within the past five fiscal years.

6. The facilitation of improvements to the quality of the environment in forests and green space areas within the applicant's jurisdiction through the improved management and preservation of the urban/community forest resources for the common good, health, welfare and safety of the citizens of this State.

7. Increase public awareness.

8. Increase participation of local citizenry and volunteers.

9. Establishment and commitment to the management and improvement of the forest resources of the community.

10. Past grant performance, if the applicant has previously received funding under this program.

11. Applications from local units of government previously not benefiting from the Urban and Community Forestry Grant Program, unless the previous funding provided evidence of high risk trees.

12. Inner city projects that provide a highly visible change in the urban environment.

b) Special consideration will be given to those Urban and Community Forestry Project Proposals that address:

1. Joint efforts between two or more local governments that may have regional implications.

2. Reduction in energy consumption.

3. Utilization of waste wood materials, i.e., logs, brush, wood chips, etc.

4. Full or part time employment opportunities in urban and community forestry and related activities.

5. The development of a new urban and community forestry program as defined by not being an active part of the municipality's programs within the past five years.

6. The community's development, appreciation, and continued awareness of the importance of the urban and community natural resource.

7. The establishment of tree boards for facilitating and improving management of urban and community forest resources.

8. Control, mitigation and eradication of insect and disease epidemics in urban/community public forest lands.

9. Reduction of scientifically documented cases of extreme tree risk conditions that could be detrimental to citizens.

10. Development of tree preservation demonstration sites showing accepted tree protection measures.

11. Development of tree/utility conflict resolution partnerships.

12. Improvements to inner city reforest and tree resources.

History

• Source: Amended at 27 Ill. Reg. 18977, effective December 4, 2003

17 Ill. Adm. Code 1538.80 Program Information

Information regarding the Urban and Community Forestry Grant Program may be obtained by writing to:

Illinois Department of Natural Resources

Division of Resource Protection and Stewardship

Urban and Community Forestry Program

One Natural Resources Way

Springfield IL 62702-1271 PHONE: 217/785-8771

History

• Source: Amended at 27 Ill. Reg. 18977, effective December 4, 2003

Part 1539 Seed Collection

17 Ill. Adm. Code 1539.10 Seed Collection Program

a) A seed collection program for the procurement of tree and shrub seeds will commence annually once the Division of Forest Resources and Natural Heritage determines the amount and types of species required to maintain the department's forestation programs.

b) The public will be notified prior to August 31 by news release through the media of the Seed Collection Program delivery and location of Seed Collection Centers.

17 Ill. Adm. Code 1539.20 Seed Collection Permits

A seed collection permit is required to participate in the Seed Collection Program. This permit is obtained in person through the Division of Forest Resources and Natural Heritage District offices and State Tree Nurseries. The addresses of the District Offices and Nurseries will be included in a news release.

a) To be eligible for a Seed Collection Permit a person must possess a valid social security card.

b) State of Illinois employees, their spouses, and other minor children are not eligible.

c) The permit will include the following agreements:

1. The specific species to be delivered,

2. The poundage to be delivered,

3. The date delivery is due, and

4. The method of weighing the seed.

17 Ill. Adm. Code 1539.30 Conditions for Payments

a) The prices to be paid for the seed will be established by the Division of Forest Resources and Natural Heritage and be based on market prices. The cost will be determined by considering an average of current seed catalogs, cost of cleaning and processing seed, and the Division's demand.

b) Seed will be purchased only from individuals with a valid Seed Collection Permit at established prices.

c) Seed must be mature, sound and free of debris. Seed must be correctly identified and separated by species. Seed must be packed to withstand moisture and handling. Bags must be tagged appropriately to identify their contents. All decisions made relative to these conditions will be made solely by the Division personnel at the Seed Collection Center and are final, binding, and conclusive.

d) The seed must be weighed on scales mutually agreed upon by buyer and seller at the time the permit is issued. All seed brought to the Seed Collection Centers is subject to validation weighing by Division personnel.

e) The Division is not obligated to purchase seed collected over the poundage designated on the permit or seed delivered past the due date.

f) No purchases of seed will be made for quantities that produce payments less than $25.00 or more than $600.00 to any one person.

g) The collector assumes all risk and liability in the collection and transportation of seed authorized under this permit. Seed deliveries will only be accepted during regular office hours and must be completed by the agreed upon delivery date. Deliveries may only be made to the Collection Center that issued the permit.

h) Payment will be made via a State of Illinois invoice voucher. A check payable to the collector should be expected 60-90 days from the date of delivery of the seeds to the Seed Collection Center.

i) When collecting seed from the property of others, permission must be obtained from the landowner or manager.

j) The Division and the seller will agree upon a date to be included on the permit to report progress in obtaining the seller's quota. This contact can be made either by delivery of seed that the seller has collected or by phone if the seller's collection effort does not justify delivery. Failure to report seller's progress on the assigned date can result in the transfer of all or portions of seller's quota.

Part 1540 Distribution and Sale of Plant and Plant Materials

17 Ill. Adm. Code 1540.10 Distribution and Sale of Plants and Plant Materials

a) Each year the Division of Forest Resources of the Department of Natural Resources distributes and/or sells plants and plant materials to Illinois landowners for conservation plantings. Orders will be accepted if the buyer signs an application which verifies that the use of the plants and plant materials will be in accordance with Section 6 of "AN ACT in relation to State forests, operation of State nurseries, and providing penalties in connection therewith" (Ill. Rev. Stat. 1985, ch. 96½, par. 5907). Orders with approved management plans pursuant to Section 1540.40, may be submitted from June 1-March 31. Arbor Day orders and orders without approved management plans may be submitted from February 2-March 31. Orders may be placed by contacting the Division of Forest Resources, 524 S. Second Street, Springfield, IL 62706.

b) Lists of available plants and plant materials are printed annually. The general public will be advised about the program through the news media by August 31. Copies of the price lists and order forms are distributed to: The Soil Conservation Service, the Extension Service, the Agricultural Stabilization Service and Department of Natural Resources offices statewide.

c) Plants and plant materials are distributed and/or sold on a first-come, first serve basis, except for the following:

1. Orders for Department owned or managed lands submitted from June 1-September 30 will receive priority over all orders submitted during this time period.

2. Orders for Department owned or managed lands submitted from October 1-February 1 will receive priority on a daily basis. Orders for Department owned or managed lands will be sorted from the orders received on a given day and processed against available inventory before other orders are processed.

3. No priority will be given to any orders received after February 1.

4. Programs approved by the Director of the Department of Natural Resources (Department) which foster conservation practices in accordance with Sections 63a1 and 63a2 of the Civil Administrative Code of Illinois (Ill. Rev. Stat. 1985, ch. 127, pars. 63a1 and 63a2) or 17 Ill. Adm. Code 1536.30 shall be given priority for the distribution and/or sale of plants and plant materials. If a program is approved by the Director, plants and plant materials shall be reserved and distributed and/or sold on a first-come, first serve basis for those program participants from June 1-February 1. After that date, the remaining reserved (except Arbor Day plants and plant materials) plants and plant materials shall be made available to all purchasers pursuant to Section 6 of the "State Forests" Act (Ill. Rev. Stat. 1985, ch. 96½, par. 5907) on a first-come, first-serve basis.

5. When plant and plant materials must be purchased, payment must be sent with the order. Orders are shipped as early as possible during the Spring. Unfavorable weather conditions may prevent or delay the lifting and shipment of plants and plant materials. The nurseries can not guarantee shipment by any specific date. Orders are shipped starting with the southern counties and working north as weather conditions permit planting. This may result in later orders being shipped prior to an early order. Transfer of stock from one nursery to the other is not available.

d) Plants and plant material for sale pursuant to Section 6 of the Act (orders without approved management plans) to the general public, mining companies, other industries and agencies of the Federal Government shall be sold at a price approximately equal to the cost of acquisition and/or production and distribution as determined pursuant to Section 1540.20. (Ill. Rev. Stat. 1985, ch. 96½ par. 5907).

e) The Department of Natural Resources reserves the right to cancel orders or parts of orders if stock production falls below anticipated levels because of insect problems, disease problems, and unfavorable weather conditions that affect growth and/or processing. Substitutions, in the event that an advertised species is lost because of problems during the growing and/or over-winter season(s), shall only occur in the packets. If a landowner has indicated a second choice on his/her order blank and that plant or plant material is still available, the second choice shall be substituted unless the second choice is incompatible with the geographic location of the planting site. Purchasers may cancel orders by April 15 and receive a full refund. If April 15 is a non-scheduled workday, cancellations for refunds will be accepted on the first scheduled workday following April 15. Cancellations after April 15 will not be issued refunds. Orders cancelled by the Department for any reason will be refunded.

f) All areas planted with materials secured from the State nurseries must be protected from wildlife (fire can be utilized as a management tool; i.e., prescribed burning of prairies, savannas, wetlands and forest ecosystems as a control for diseases, to improve and enhance wildlife habitat, etc.), domestic livestock trespass and grazing. (Ill. Rev. Stat. 1985, ch. 96½, par. 5907).

g) The minimum number of plants that can be ordered, for non-department owned or managed lands, shall be 250 of any one species or one packet.

h) A completed order form must accompany each planting location. A planting location is considered to be all landholdings within a county. No orders can be picked up until notification has been received from the nursery that the orders are ready.

i) Standby orders will be accepted for sold-out species. If inventory overruns or cancellations occur standby orders will be filled on a first-come, first-serve basis. Where applicable, a bill for the plant or plant materials will be sent upon the filling of a standby order. Payment for the plants and plant material must be received within 10 working days of the mailing date. Failure to return payment will result in cancellation of the standby order.

j) The Department may effect exchanges, purchases or sales involving plants and plant materials with other states, through the appropriate State Forestry Agency, or agencies of the Federal Government.

History

• Source: Amended at 12 Ill. Reg. 5296, effective March 8, 1988

17 Ill. Adm. Code 1540.20 Establishment of Cost

a) Plant and plant material costs shall be determined annually.

b) The following items will be considered in establishing plant and plant material costs:

1. Plant and plant material production costs will be determined on a fiscal year basis.

2. Plant and plant materials with similar growth characteristics and cultural requirements will be grouped for administrative and bookkeeping purposes, e.g.:

A) Red and white pine

B) Other conifers

C) Black walnut

D) Oaks

E) Other hardwoods

F) Wildlife species

G) Prairie forbs

H) Prairie grasses

3. Cost may include: seed procurement and preparation; seedbed fumigation; seedbed preparation; seeding; mulching; irrigation; weeding; fertilization; top and/or root pruning; field inventories; digging; transporting; grading; counting; packaging; shipping and all related materials; acquisition of plants and plant materials; maintenance and repairs of equipment, structures and grounds; printing of forms, information and materials; personnel costs; contractual services; telephone services; motor vehicles and equipment; travel; rental; utility and water; and professional services.

4. Total cost for producing a group divided by the number of plants or amounts of plant materials distributed and/or sold in that group will establish unit costs.

5. The unit price of the current year's plant and plant materials will be based on the previous year's cost information.

6. Purchase price will be reviewed and adjusted, if necessary, annually.

History

• Source: Amended at 12 Ill. Reg. 5296, effective March 8, 1988

17 Ill. Adm. Code 1540.30 Plant and Plant Material Usage

a) Plants and plant materials for demonstration, research or experimental planting may be furnished annually without charge to: Illinois Department of Natural Resources Agencies, State Colleges and/or Universities, Illinois Natural History Survey, Soil Conservation Service and the Extension Service. A written plan must be submitted to the Department and approved by the State Forester. The maximum number of plants available per county shall be limited to 2,500. The maximum pounds of seeds available per county shall be limited to 100 pounds. The number of plants and plant materials may be increased if need is shown and surplus plants and plant materials are available.

b) Plants and plant materials for Arbor Day and other commemorative plantings may be sold to the general public if such programs are deemed to be beneficial to the department by promoting or supplementing conservation and/or conservation education needs. A written plan must be submitted and approved by the State Forester. Orders may be submitted for less than 250 plants, but are subject to the availability.

c) Plants and plant materials may be provided for cooperative programs between the department and other agencies when such programs foster conservation practices in accordance with Section 63a8 of the Civil Administrative Code of Illinois (Ill. Rev. Stat. 1985, ch. 127, par. 63a8). Involvement in such programs must be approved by the State Forester and the Director of the department. Orders may be submitted for less than 250 plants, but are subject to availability.

d) It is unlawful to use plants and plant materials for ornamental plantings, shade trees, landscaping, banquet or party favors or commercial promotion.

e) The State Forester may provide complimentary orders at his discretion. An order form must be completed for each order. The order form must contain the signature of the State Forester and be marked "Complimentary Order". Complimentary orders include awards recognizing outstanding conservation efforts and will be in accordance with Section 1.12 of the Wildlife Code (Ill. Rev. Stat. 1985, ch. 61, par. 1.12) or Section 63a8 of the Civil Administrative Code of Illinois (Ill. Rev. Stat. 1985, ch. 127, par. 63a8).

History

• Source: Amended at 12 Ill. Reg. 5296, effective March 8, 1988

17 Ill. Adm. Code 1540.40 Free Plant and Plant Materials to Landowners

a) Plants and plant materials may be provided at no cost to landowners that have approved management plans. The management plan must recommend the use of plants and plant materials to meet a conservation objective which includes, but is not limited to, wildlife habitat, erosion control, energy conservation, natural community restoration, and general reforestation. Management plans must contain the following information if the information is applicable to the management plan being submitted for approval:

1. Owner name and address

2. Manager name and address (if applicable)

3. Property:

A) Location – legal description

B) Area (acres)

4. Description of Land

A) Current vegetative cover

B) Current wildlife present (if applicable)

C) Topography (if applicable)

D) Soils (if applicable)

E) Aerial photo or map of property

5. Specific Recommendations:

A) Pre-planting recommendations (site preparation and location)

B) Spacing, seeding rates, etc.

C) Species and amounts required

D) Post-planting recommendations (care of plants and plant materials, etc.)

6. Objectives – What are landowners' objectives and how does the plant meet those objectives.

7. Protective measures – Procedures to deal with insect, disease and environmental problems that would prevent landowners from meeting objectives (if applicable).

8. Financial – Discussion of specific costs involved in implementing landowners' objectives (if applicable).

b) Management plans may be developed by a landowner or his/her representative. Plans must be submitted for approval to the landowner's district forester or biologist of the Illinois Department of Natural Resources.

c) Plans that recommend the planting of seedling stock for Christmas tree production will not be approved.

d) The district forester or biologist of the Department of Natural Resources will approve or disapprove plans within forty-five (45) days after receipt of the plan. Approval criteria shall be based upon, but not limited to, adaptability of plant materials to site conditions (i.e., soils, topography, climate, etc.), the specific habitat needs of desired wildlife species and/or the suitability of selected plant materials to meet a landowner's specific management objective (i.e., deciduous trees would not be suitable for establishment of windbreaks for energy conservation). If the plan is disapproved, the district forester or biologist will notify the landowner of the reasons that prevented the plan from being approved.

e) Any landowner whose plan was not approved may appeal the disapproval to a committee consisting of the district forester or biologist's immediate supervisor and another forester or biologist of the Department selected by the immediate supervisor.

f) Plants or plant materials provided through this program will be made available on a first-come, first-serve basis.

History

• Source: Amended at 12 Ill. Reg. 5296, effective March 8, 1988

Part 1545 Sale of Forest Products

17 Ill. Adm. Code 1545.10 Definitions

"Acceptable Bid(der)" means a licensed Illinois Timber Buyer when required by the Illinois Timber Buyers Licensing Act (Ill. Rev. Stat. 1985, ch. 111, pars. 701 et seq.), who meets the contract bonding requirements and submits a bid being equal to or greater than the estimated value of the forest product.

"Competitive Sales" means forest products which are offered for sale by sealed bids.

"Department" means the Department of Natural Resources, Division of Forest Resources.

"Director" means the Director of the Department of Natural Resources.

"Forest Products" means trees, standing or felled, and parts thereof, excluding firewood as defined in 17 Ill. Adm. Code 170.

17 Ill. Adm. Code 1545.20 Methods of Sale

The sale of forest products from State forests will be accomplished by the Division of Forest Resources through the lump sum sale method, unit price sale method or the fixed price sale method. For the lump sum sales and unit price sales a sealed bid procedure will be utilized.

a) Lump sum sale. A lump sum sale is one where all marked or designated forest products are sold to the highest acceptable bidder for a single price.

b) Unit price sale. Under the unit price sale, the forest product is offered for sale on a forest product basis, such as, sawtimber, poles, veneer, pulpwood, by species or groups of species, and bids will be accepted on a per unit price.

c) Fixed price sale. The fixed price sale is one where forest products consist of qualities and/or species of tree and logs that are not normally marketable in the area due to size, quality, quantity or species. This type of sale will only be used when a thinning or clearing is required. Each tree or log or group of trees or logs will be sold individually at a price fixed by the Department on a first come, first serve basis after advertisement. Fixed prices will be determined by appraising previous sales, existing markets, private sales and by considering the Illinois Timber Prices sales and by considering these published by the Department of Agriculture and Department of Natural Resources.

17 Ill. Adm. Code 1545.30 Advertisement of Sale

a) Sales will be advertised by placing a notice in a local newspaper of general circulation. This notice shall be published at least once each week for two consecutive weeks prior to the sale.

b) A newspaper advertisement shall contain the following provisions:

1. description and location of the forest products to be sold;

2. the dates and times the stand/product will be available for inspection;

3. the date and time when sealed bids will be accepted and subsequently opened;

4. the location where sealed bids will be received;

5. bid deposit requirement and a brief description of the conditions of sale; and

6. the location(s) where additional bidder information can be obtained regarding such information as past harvest treatment, old landings, and harvesting conditions.

17 Ill. Adm. Code 1545.40 Bid Proposals for Competitive Sales

a) In order to qualify each bid must be submitted on the bid forms provided by the Department. Bid forms may be obtained at a location specified in the bid advertisement. The site will be determined on the basis of the location of the sale and accessibility for the timber buyers to obtain this information.

b) Bids must be accompanied by a deposit in the form of a bank draft, cashier's check certified check, or money order payable to the Department of Natural Resources in an amount equal to at least 5% of the bid, but not less than $25. This is subject to increase or decrease based on the environmental condition, size, location, type and value of forest products being offered for sale.

c) After the bid has been approved by the Director, or his designee, as an acceptable bid, the successful bidder will be notified. Upon receiving the notification of acceptance, he/she will make payment to the Department. Upon receipt of the payment, executed contract and the required performance deposit, pursuant to 17 Ill. Adm. Code 1545.50 and 1545.60, a fully executed copy of the sale contract will be returned to the successful bidder along with the bid deposit, if applicable. If agreed to by the successful bidder and the Department, the bid deposit may be used as a partial payment toward the payment due to the Department.

d) If the successful bidder declines or fails to accept the award of the sale contract, the bid deposit check will be forfeited and deposited by the Director in the Fish and Wildlife Fund. If acceptable to the Department, the next highest bidder will be offered the sale. The bid deposit checks of the unsuccessful bidders shall be returned to them as soon as the sale to the successful bidder has been finalized.

e) No person who has, within the preceding twelve months, pleaded guilty to or been convicted of a Class 4 Felony or whose license has been revoked or suspended in the previous calendar year, pertaining to a violation of a statute or rule pertaining to forestry, or who is an agent, employee, employer or business associate of any person who, within the preceding twelve months, has pled guilty to or been convicted of a Class 4 Felony or whose license has been revoked or suspended in the previous calendar year pertaining to a violation of a statute or rule pertaining to forestry, shall be eligible to purchase forest products from State lands. The Statutes and rules pertaining to forestry are located in Ill. Rev. Stat. 1985, ch. 96½, pars. 6901 et seq., Ill. Rev. Stat. 1985, ch 111, pars. 701 et. seq., and this Part. Any such persons who submits a bid shall have his bid deposit forfeited and deposited by the Director in the Fish and Wildlife Fund.

f) Providing false information on the bid forms shall be Class B Misdemeanor.

g) The Department will reject a bid if it is not acceptable, if there is any possible violation of the bidding procedure, or environmental concerns arise that may change the bidding, or contract that was not known prior to the advertisement of the sale.

17 Ill. Adm. Code 1545.50 Performance Deposits for Competitive Bid Sales

a) The executed sale contract and payment must be accompanied by a performance deposit in the form of a bank draft, cashier's check, certified check, money order or other certified instrument such as an insurance bond, payable to the Department of Natural Resources in an amount equal to at least 10% of the bid, but not less than $100. This is subject to increase or decrease based on the environmental condition, size, location, type and value of forest products being offered for sale.

b) The performance deposit of successful bidders will be retained by the Department until the satisfactory removal of the forest products is made in accordance with the sale contract.

c) The performance deposit will be returned only after an on-site inspection of the sale area has been made and the conditions of the sale contract have been met and accepted by the Department with complete performance in accordance with the sale contract.

17 Ill. Adm. Code 1545.60 Performance Deposits for Fixed Price Sales

a) As stated under Section 1545.20(c), forest products will be sold individually by the Department on a first come, first served basis. Payment for the forest products will be required at that time along with a signed contract.

b) A performance deposit may be required to accompany the payment when environmental conditions at the site are conductive to potential damage. The performance deposit must be in the form of a bank draft, cashier's check, certified check, money order or other certified instrument such as as insurance bond and made payable to the Department in an amount equal to at least 10% of the payment, but not less than $100.00. This is subject to increase or decrease prior to advertisement of the fixed price sale.

c) The performance deposits will be retained by the Department until the satisfactory removal of the forest products is made in accordance with the sale contract.

d) The performance deposit will be returned only after an on-site inspection of the sale area has been made, and the conditions of the sale contract have been met and accepted by the Department with complete performance in accordance with the sale contract.

17 Ill. Adm. Code 1545.70 Sale Administration

a) The sale will be administered by the Department in accordance with the provisions of a written sale contract between the successful bidder and the Department

b) The Department reserves the right to cancel sale at any time prior to the execution of the contract. Cancellation of a sale once it has been advertised shall occur in such cases as, but not limited to, an error in the advertisement, environment concerns that were not noticed prior to the advertisement or other circumstances beyond the Department's control.

17 Ill. Adm. Code 1545.80 Appeals

a) Upon the completion of the requirements of the sale contract, the sale area will be inspected by the Department representative. If the conditions of the sale area have not been completed as agreed to under the contract, the Department representative will not approve the sale area. The successful bidder must correct the deficiencies within the contract period or within an agreed extension period or may appeal to the State Forester, Division of Forest Resources.

b) The appeal must be made in writing to the State Forester at the address listed in Section 1545.90 within 30 days from the date that the conditions of the sale area were not approved.

c) The State Forester will notify the successful bidder in writing within 30 days the reasons for which the original decision is upheld or reversed. The State Forester's decision will be based on information such as, but not limited to, the inspection report, sale contract, the successful bidder's appeal, and an on-site inspection.

17 Ill. Adm. Code 1545.90 Information

Anyone wishing additional information concerning this Part may contract the Department of Natural Resources at the following address:

Illinois Department of Natural Resources

Division of Forest Resources

600 North Grand Avenue West

Springfield, IL 62706

17 Ill. Adm. Code 1560.10 Definitions

"Burning Permit Writer" means any individual appointed by the Director and certified by the Chief of the Division of Forest Resources to issue burning permits.

"Department" means the Department of Natural Resources.

"Director" means the Director of the Department of Natural Resources.

"District" means a geographic area determined by the Director to be in need of special protection from forest fires and designated as an intensive forest fire prevention district in accordance with this Act.

"Fire Danger" means the daily rating of severity of the potential for wildfire as designated by the National Fire Danger Rating System, as contained in the National Fire Protection Association Standard #295 entitled "Wildfire Control", 1985. (this standard does not include any later amendments or editions).

"Forest Fires" means uncontrolled, wild or running fires occurring on forest, marsh, field, cutover or other lands.

"Regional Administrator" means the Regional Administrators of the Division of Forest Resources of the Department of Natural Resources.

"The Act" AN ACT to provide for the creation of intensive forest fire protection districts, to regulate the burning of combustible materials, to provide penalties for violations and to repeal an Act therein named (Ill. Rev. Stat. 1987, ch. 96½, pars. 7001 et seq.).

17 Ill. Adm. Code 1560.20 Intent of Forest Fire Protection Districts Act

Nothing in this Act relieves the owners or lessees of lands upon which fires may burn or be started from the duty of extinguishing such fires so far as it may be within their power. This Act provides for the creation of intensive forest fire prevention districts to regulate the burning of combustible materials during certain periods of the year when the potential for forest fires is highest, and provides for penalties for violation.

History

• Source: Amended at 13 Ill. Reg. 17376, effective October 30, 1989

17 Ill. Adm. Code 1560.30 Creation of Districts

a) Public recommendations for the creation of a District shall be submitted in any manner to the Division of Forest Resources for the Director.

b) All landowners within a created District shall be contacted by an agent of the Department of Natural Resources personally or by newspaper publication or by mail and shall be informed of the creation of the District and the intent and provisions of the Act.

History

• Source: Amended at 13 Ill. Reg. 17376, effective October 30, 1989

17 Ill. Adm. Code 1560.40 Proclamation Prohibiting Fires

a) A proclamation, issued by the Director, prohibiting a fire without first obtaining a burning permit within a District shall be effective in Illinois for the period of the proclamation and shall be determined by the chief of the Division of Forest Resources who will use the National Fire Danger Rating System as criteria for the determination.

b) Such proclamation shall be published by the Department of Natural Resources in one or more newspapers having a general circulation within the District prior to or upon the date the proclamation becomes effective.

c) A proclamation has been issued for the following counties: Jackson, Pope, Hardin, Johnson, Union, Alexander, and Pulaski to cover the peak fire hazard months of February, March, April, October and November.

17 Ill. Adm. Code 1560.50 Administration of Act

The Division of Forest Resources in the Department is responsible for the administration of this Act.

17 Ill. Adm. Code 1560.60 Issuance of Burning Permit

a) The Director of the Department may appoint burning permit writers.

b) Burning Permit Writers must be certified (Form F-20) by the Chief, Division of Forest Resources, who will assign the Burning Permit Writer to a District.

c) Burning Permits can only be issued by a duly authorized Burning Permit Writer.

d) A permit to kindle a fire in the open air outside the limits of any city, village or incorporated town within a District will be issued only on the official Burning Permit form as supplied by the Department.

e) The Regional Administrator in whose Region the District is located is responsible for all training, supplies, maps, forms and any other provisions needed by the Burning Permit Writer in the performance of their assigned duties.

f) The Burning Permit can only be issued for 3-5 days depending upon the anticipated fire dangers for the length of the Permit.

g) The Burning Permit must be completed by the Burning Permit Writer and signed by the Writer and the person to whom the permit is issued.

h) The Burning Permit must include the person's name and address, the legal location of the property on which the burn is to take place, the material and amount to be burned, the hours when burning will be permitted and the dates of the burning.

i) The Burning Permit must be completed in triplicate. The white copy is to be given to the person to whom the Permit is issued; the green copy will be sent to the Goreville District Forestry Office, Post Office Box 67, Goreville, Illinois 62939; the yellow copy will be retained by the Burning Permit Writer.

j) If the Fire Danger Rating reaches very high or extreme classification within a District, the Director, upon notification of such a fire danger by the Chief of the Division of Forest Resources shall suspend the issuance of burning permits or proclaim a closure on all burning within the district or a portion thereof until such time as burning conditions fall below the very high designation.

k) The Regional Administrator in whose Region the issuance of burning permits is suspended or closure is imposed is responsible for posting such a notice in public places within the District, notifying all Burning Permit Writers in the District and notifying the Administrator of the Shawnee National Forest if the affected District is within the Shawnee National Forest Protection Area.

17 Ill. Adm. Code 1560.70 Enforcement of Act

Any law enforcement officer within the State of Illinois has the duty to issue a citation to persons violating any provision of the Fire Protection Districts Act and this Part and to cooperate with the Department in the enforcement of same.

17 Ill. Adm. Code 1560.80 Violation of Act

a) Any person who kindles or authorizes any other person to kindle a fire in the open air outside the limits of any city, village or incorporated town within an intensive fire protection district during the months of February, March, April, October and November or during such other times when fire hazard conditions are declared to exist by order of the Director in accordance with this Act, without first obtaining a burning permit issued by a forest fire warden for the District in which such burning shall take place, or does not strictly comply with the terms of the permits, commits a Class B misdemeanor.

b) Subsection (a) does not apply to land owned or controlled by a railroad corporation when the fire is for the purpose of clearing its right of way of dangerous combustible materials or for the kindling of a fire in a plowed field, garden or public highway when such fire is kindled at a distance of 200 feet or more from any woodland, brush land or field containing dry grass or other combustible material.

c) Any person who kindles or authorizes any other person to kindle any woods, brush, grass, grain, weeds or stubble within an intensive fire protection district without first having obtained a burning permit issued by a forest fire warden for the District in which such burning shall take place at any time period for which the Director has issued a proclamation declaring such burning unlawful shall, upon conviction, be fined not to exceed $1,000 or be imprisoned in a penal institution other than the penitentiary not exceeding 6 months, or both.

17 Ill. Adm. Code 1560.90 Correspondence and Inquiries Regarding This Act

All correspondence and/or inquiries regarding this Act shall be directed to:

State of Illinois

Department of Natural Resources

Division of Forest Resources

524 South Second Street

Springfield, Illinois 62701-1787

ATTENTION: Forest Protection Program

Chapter I Department of Natural Resources

Subchapter d Forestry

Part 1565 Illinois Prescribed Burning Act

17 Ill. Adm. Code 1565.5 Purpose

The purpose of this Part is to provide procedures for prescribed burning, including, but not limited to, obtaining a prescribed burn manager certification, revocation of prescribed burn manager certification and preparing a prescribed burn prescription pursuant to the requirements of the Illinois Prescribed Burning Act [525 ILCS 37].

17 Ill. Adm. Code 1565.10 Definitions

"Act" means the Illinois Prescribed Burning Act [525 ILCS 37].

"Apprentice Prescribed Burn Manager" is a person at a prescribed burn that has successfully completed the training classes described under Section 1565.20(b)(1), participated in prescribed burns as described in Section 1565.20(b)(2), has been accepted by a certified prescribed burn manager as the apprentice prescribed burn manager for the prescribed burn, and is assuming the functions of a certified prescribed burn manager during the prescribed burn under the direct supervision of a certified prescribed burn manager as a training requirement pursuant to Section 1565.20(b)(3).

"Burn Personnel" means any paid person or volunteer involved in conducting prescribed burning under the Act.

"Burn Prescription" means a written plan for conducting a prescribed burn.

"Central Dispatching Agency" is an agency that provides dispatching services for a number of emergency agencies (fire, law enforcement or ambulance) in a defined geographic area.

"Certificate" is a written certificate and number issued by the Department identifying a person as a certified prescribed burn manager and is considered a license subject to revocation proceedings described in Subpart C of 17 Ill. Adm. Code 2530 (Revocation Procedures for Conservation Offenses).

"Certified Prescribed Burn Manager" is an individual who conducts the activities described in Section 1565.20(a), and successfully completes an approved training program and receives proper certification as described in Section 1565.20(b) through (f).

"Department" means the Illinois Department of Natural Resources.

"Director" means the Director of the Department.

"Escaped Fire" means any fire that goes beyond the area described in the burn prescription and requires outside resources to contain or that burns onto adjoining landowner's land not included in the burn prescription.

"Incident Commander", "Incident Command Authority" and "Unified Command" are terms defined by the National Inter-agency Incident Management System (NIIMS) and are used in this Part to describe the person or persons directly responsible for control and suppression of a prescribed burn or an escaped fire resulting from a prescribed burn.

"Landowner" includes the owner, owning agency or other legal entity owning a parcel of land where a prescribed burn is executed or is proposed to be executed, their designated agent or land manager.

"NIIMS" means the National Inter-agency Incident Management System administered by the Federal Emergency Management Agency (FEMA).

"Prescribed Burn Manager Certification Board" or "Board" is a Board of six representatives whose job responsibilities include natural areas stewardship, wildlife habitat management or forest management and who have experience with prescribed burn management or incident command. The Board shall be made up of four representatives designated by the Director (including one representative who is not employed by the State of Illinois), one representative designated by the Illinois Nature Preserves Commission and one representative designated by the Office of the State Fire Marshal.

"Prescribed Burn Report" is the written report and evaluation of a prescribed burn, including the information required in Section 1565.60(c) that is prepared and signed by the certified prescribed burn manager after a prescribed burn is completed.

"Prescribed Burning" is the planned application of fire to naturally occurring vegetative fuels, under specified environmental conditions and following appropriate precautionary measures, that causes the fire to be confined to a predetermined area and accomplishes the planned land management objectives.

History

• Source: Amended at 36 Ill. Reg. 14415, effective September 5, 2012

17 Ill. Adm. Code 1565.20 Certified Prescribed Burn Manager

a) A certified prescribed burn manager performs the following activities:

1. writes and/or approves burn prescriptions as described in Section 1565.30;

2. serves as the direct supervisor of the burn personnel at the scene of a prescribed burn and is responsible for implementing a burn prescription as described in Section 1565.40; and

3. supervises and trains an apprentice prescribed burn manager as described in Section 1565.20(c).

b) To become a certified prescribed burn manager, a person must complete the following requirements and have a valid Illinois Certified Prescribed Burn Manager Certificate issued by the Department pursuant to Section 1565.70.

1. Successfully complete:

A) the following National Wildfire Coordinating Group Wildland Fire Training Courses or equivalents:

i) Basic Incident Command System (I-100);

ii) Fire Fighter Training (S-130); and

iii) Wildland Fire Behavior (S-190); or

B) a specialized Illinois Prescribed Burning Manager Course that incorporates pertinent information in the courses listed in subsection (b)(1)(A), along with information on prescribed burning in Illinois that has been approved by the Board;

2. Participate in five prescribed burns that will be documented on a form provided by the Department and known as the Certified Prescribed Burn Manager Application;

3. Successfully complete two prescribed burns as an apprentice prescribed burn manager under the supervision of a certified prescribed burn manager;

4. Submit the following to the Illinois Department of Natural Resources, Attention: Prescribed Burn Manager Certification, One Natural Resources Way, Springfield IL 62702-1271:

A) A Certified Prescribed Burn Manager Application (the "Application" described in (b)(2) above);

B) A $50 fee (State of Illinois employees are exempt from the fee); and

C) Copies of all course certificates and relevant prescribed burn prescriptions, training and burn logs, signed Prescribed Fire Burn Manager Apprentice Task Book, and prescribed burn report forms or an affidavit described in Section 1565.20(d) for the burns required in Section 1565.20(b)(3) documenting the experience and apprenticeship.

c) To become an apprentice, a person must apply to the Department in writing and be accepted by a certified prescribed burn manager who will agree to supervise the training in conducting the burn. An apprentice prescribed burn manager shall assume the functions of a certified prescribed burn manager during a burn under the direct supervision of a certified prescribed burn manager. An apprentice shall sign the prescribed burn report as the "apprentice prescribed burn manager" and note his or her experience on the Application. The certified prescribed burn manager supervising the apprentice shall also provide an evaluation of the performance of the apprentice and certify the successful completion of the burn by the apprentice on the Prescribed Fire Burn Manager Apprentice Task Book.

d) Prior to December 31, 2015, persons who have submitted an affidavit along with their Application attesting to their participation in at least seven burns, including at least five at which they have served as the prescribed burn manager prior to November 1, 2009, shall be considered to have completed the apprenticeship and experience requirements.

e) Persons who hold certifications from other states whose training meets or exceeds the requirements of this Part can receive an Illinois Certified Prescribed Burn Manager Certificate by submitting an Application, proof of certification in another state and the $50 fee to: Illinois Department of Natural Resources, Attention: Prescribed Burn Manager Certification, One Natural Resources Way, Springfield IL 62702-1271.

f) Persons who have received the certification as a Prescribed Fire Burn Boss Type 1 or Type 2, known as RXB1 or RXB2 respectively, under the NIIMS Wildland Fire Qualification System, can receive an Illinois Certified Prescribed Burn Manager Certificate by submitting an Application, proof of the RXB1 or RXB2 certification and the $50 fee to: Illinois Department of Natural Resources, Attention: Prescribed Burn Manager Certification, One Natural Resources Way, Springfield IL 62702-1271.

History

• Source: Amended at 42 Ill. Reg. 13241, effective June 22, 2018

17 Ill. Adm. Code 1565.30 Burn Prescriptions

The burn prescription shall include the following information:

a) a site name or other designation for the prescribed burn area;

b) location of the prescribed burn, including county, civil township, township range and section, and a map showing the location of the burn, firebreaks, hazards, staging area and other features specific to the execution of the burn;

c) the name, address and phone number of the owner or manager of the land where the burn is to take place;

d) the time frame when the prescribed burn is to take place;

e) the purpose and objectives for the prescribed burn;

f) a description of the area to be burned, including, but not necessarily limited to, size in acres, fuel type, topography, known presence of endangered or threatened species, and presence of peat or high organic soils and mitigation measures to prevent or control ignition of those soils;

g) the range of acceptable pre-ignition weather factors, including, but not limited to, air temperature, relative humidity, wind direction and wind velocity;

h) the minimum number of burn personnel required;

i) an outline of smoke sensitive areas and smoke mitigation methods;

j) the equipment required, other than standard hand tools;

k) a communication plan and equipment for the prescribed burn;

l) a method of fire line construction;

m) copies of required permits;

n) plans for making notifications as described in Section 1565.40;

o) contingency plans for escaped fires, including water sources, rendezvous location for fire departments and paramedics, other fire fighting resources available, vulnerable infrastructure, escape routes and safety zones;

p) emergency contact information, including, at a minimum, the closest intersection, fire, paramedic and police emergency and non-emergency dispatch contact information;

q) name, certificate number and contact information for the certified prescribed burn manager approving the burn prescription;

r) a signature of a certified prescribed burn manager approving the burn prescription and the date of the signature; and

s) the signature of a landowner approving the use of prescribed burning on the property. Approvals of prescribed burning would also be considered valid if prescribed burning is included on another land management plan or other document approved in writing by the landowner.

17 Ill. Adm. Code 1565.40 Notifications and Permits

a) The certified prescribed burn manager shall make a reasonable attempt to notify all adjoining landowners and occupants of the approximate time and date of the burn, using a method that is reasonably assured to provide notice before the planned prescribed burn. The method of notification to adjacent landowners shall be documented on the prescribed burn report. Any one of the following are considered reasonable attempts of notification and shall be considered in compliance with Section 15(5) of the Act and this Section; however, this list should not be construed to be the only acceptable ways to make this notification:

1. posting the property to be burned;

2. contacting or attempting to contact the adjoining landowner by phone, in person, delivery of a brochure or written notice to a residence or via mail or email; or

3. publication of the intent and range of dates and approximate time in a newspaper published in the area of the burn.

b) The certified prescribed burn manager shall notify, on the day of the burn, the local fire departments, county dispatcher, 911 dispatcher or other emergency dispatcher who has jurisdiction over the area including the prescribed burn. If a local agency is dispatched through a central dispatching agency, the prescribed burn manager will be considered in compliance with Section 15(4) of the Act and this Section if he or she has notified the central dispatching agency.

c) The certified prescribed burn manager shall insure that all local, State and federal permits that are needed are obtained before a prescribed burn is conducted. This may include, but is not limited to, an open burning permit from the Illinois EPA pursuant to 35 Ill. Adm. Code 237.201.

17 Ill. Adm. Code 1565.50 Conducting Prescribed Burns

a) In order to ensure the safety of personnel and the public, a certified prescribed burn manager shall be present at the scene of all prescribed burns except where the landowner is conducting prescribed burning on his or her own lands or on the lands of another with the landowner's permission as authorized by Illinois law.

b) The certified prescribed burn manager shall obtain guidance from the National Weather Service (NWS) in identifying Fire Weather Watch and Red Flag Warning conditions available through the regional NWS offices of the National Oceanic and Atmospheric Agency. The determination by NWS of Fire Weather Watch and Red Flag Warning conditions for a designated area will require that the certified prescribed burn manager and other personnel exercise elevated caution during those conditions.

c) The certified prescribed burn manager is responsible for reviewing and implementing the burn prescription, reviewing it with the burn personnel and the timely completion of the prescribed burn report. The certified prescribed burn manager shall discuss emergency procedures and plans with burn personnel and modify procedures and contingency plans if necessary.

d) In the case of an escaped fire, the certified prescribed burn manager or his or her designee shall assess burn personnel status, contact outside agencies if necessary, and share information (e.g., aerial photos, burn prescription, resources available and access routes) with other agencies at the scene. A certified prescribed burn manager shall serve as Incident Commander and remain in command until command is transferred to another qualified person. The certified prescribed burn manager may serve in a Unified Command or relinquish Incident Command authority to other firefighting authorities at his or her discretion.

e) When a person is conducting prescribed burning on his or her own lands or on lands of another with the landowner's permission, the person shall have a written burn prescription, make the notifications described in Section 1565.40, and conduct the burn as described in Section 1565.50(b) and (c).

f) Where applicable, persons shall follow guidance from the Illinois EPA concerning Illinois' Smoke Management Plan (SMP), including avoiding prescribed burns on "Air Pollution Action Days" as defined in the SMP or in consultation with the Illinois EPA.

17 Ill. Adm. Code 1565.60 Records and Reporting

a) After each prescribed burn, a prescribed burn report shall be completed by the certified prescribed burn manager for the burn, or his or her designee, and provided to the landowner upon request and to any apprentice. The certified prescribed burn manager or his or her employer shall maintain a file of all prescribed burn prescriptions and prescribed burn reports for completed burns for a period of not less than five years after the completion of a burn. This file shall be made available to the Department upon request.

b) A prescribed burn report shall include:

1. a copy of the prescribed burn prescription;

2. a map showing the area actually burned, control lines, wind direction, fire mosaic and other features specific to the execution of the burn;

3. the date and time the prescribed burn took place, including ignition time, time of significant events and final mop up time;

4. an evaluation of the burn, including a discussion of meeting burn objectives, changes or deviations from the prescribed burn prescription, injuries or damage to property if any, any emergency actions taken and other significant events;

5. an evaluation of the performance of any apprentice prescribed burn manager that served on the burn;

6. the pre-ignition weather factors and any other weather observations collected to verify conditions were within the burn prescription;

7. the number of burn personnel involved;

8. documentation of all notifications and permits obtained;

9. information on any fire, paramedic and police emergency agencies that were requested and arrived on scene;

10. name, certificate number and contact information for the certified prescribed burn manager; and

11. a dated signature of the certified prescribed burn manager and any apprentice prescribed burn manager serving at the burn.

c) If there are any injuries that require professional medical attention or damage to public or private property in excess of $500, or if the prescribed burn becomes an escaped fire, the certified prescribed burn manager shall supply a copy of the prescribed burn report to the landowner, responding emergency agencies and, within 45 days after completion of the prescribed fire, to the Illinois Department of Natural Resources, Attention: Prescribed Fire Reports, One Natural Resources Way, Springfield IL 62702-1271.

17 Ill. Adm. Code 1565.70 Administration of Act

a) Upon receipt of a completed Certified Prescribed Burn Manager Application, the required documentation of coursework, apprenticeship and experience described in Section 1565.20 and a fee of $50, the Department shall issue an Illinois Certified Prescribed Burn Manager Certificate within 45 days or notify the applicant in writing of the reason the certificate was denied. Applicants who have been denied a certificate may re-apply after correcting any deficiencies in their original Application. Persons employed by the State of Illinois shall be exempt from the $50 fee.

b) Denial of a certificate may be appealed pursuant to 17 Ill. Adm. Code 2530.

c) Any fees collected under this Part shall be deposited into the Forestry Development Fund.

d) An Illinois Certified Prescribed Burn Manager Certificate may be revoked pursuant to the procedures described in 17 Ill. Adm. Code 2530 for serious and or continuing violations of the Act or this Part, falsification or misrepresentation on the Certified Prescribed Burn Manager Application or supporting documents, or a pattern of negligence in performing the duties of a certified prescribed burn manager.

e) An organization or individual may petition the Department to approve coursework and training programs as an Illinois Prescribed Burn Manager Course by submitting to the Board a course syllabus, length of course and trainer qualifications demonstrating that the course meets the standards described in Section 1565.20(a)(1). The Board may require the submitter to provide additional information necessary to evaluate the program. The Board shall make a recommendation to the Director to approve or not approve the submitted program as an Illinois Prescribed Burn Manager Course.

f) Periodically, but not less than annually, the Board shall meet to review prescribed burn reports submitted under this Part, review requirements of prescribed burn certification in other states and make a recommendation to the Director on whether other states' certification programs meet or exceed requirements in this Part to receive an Illinois Certified Prescribed Burn Manager Certificate; review this Part and make recommendations to the Director for any needed changes; and prepare reports on prescribed burning at the request of the Director.

g) The Board may conduct its meetings via conference call or other electronic means provided all participants are in locations open to the public that have been published in compliance with the Illinois Open Meetings Act [5 ILCS 120].

h) A quorum of the Board shall be defined as four members.

History

• Source: Amended at 36 Ill. Reg. 14415, effective September 5, 2012

17 Ill. Adm. Code 1565.EXHIBIT A Certified Prescribed Burn Manager Application (repealed)

History

• Source: Repealed at 42 Ill. Reg. 13241, effective June 22, 2018

Part 1570 Rural Community Fire Protection Program

17 Ill. Adm. Code 1570.10 Purpose of Grant Program

The Cooperative Forestry Assistance Act of 1978, Section 7(b)(3), 16USC 2106(b)(3), as amended, authorized and directed the Secretary of Agriculture to provide financial, technical and related assistance to State Foresters or equivalent State officials in cooperative efforts to organize, train and equip fire agencies in rural areas and communities under 10,000 population to prevent and suppress fires.

History

• Source: Amended at 18 Ill. Reg. 15733, effective October 18, 1994

17 Ill. Adm. Code 1570.20 Eligibility

a) An applicant must be a fire agency (fire department or fire protection district).

b) Applicants must serve communities under 10,000 population or serve several small communities (each community being under 10,000 people). A group of applicants, none of which serve communities over 10,000 population, are eligible to submit a joint application.

c) The request for assistance must be for organizing, training and equipment. Special consideration in establishing priorities will be given to applicants asking for help for all three.

d) The applicant share of the cost must be available at the time of application. This can be in the form of planned contributions in kind, such as volunteer labor, in some projects. The applicant share of the cost is 50% of the total amount of money requested from a Rural Community Fire Protection (RCFP) grant by a local fire agency. On the application for such a grant, the requesting fire agency states the total amount of money needed for their project, 50% of that amount and further states that their share (50% of the total amount requested) is available at the time of application.

History

• Source: Amended at 18 Ill. Reg. 15733, effective October 18, 1994

17 Ill. Adm. Code 1570.30 General Procedures

a) Rural applicants seeking assistance must file an application with the State Forester, Department of Natural Resources, Division of Forest Resources, 600 North Grand Avenue West, P.O. Box 19225, Springfield, Illinois 62794-9225. Deadlines for the grant program will comply with the Federal Fiscal Year, October 1 - September 30. The deadline for submission of a grant application will be set by the Department and will vary from year to year because of notice to the Department from the United States Forest Service as to the funding of this grant program.

b) The State Forester will evaluate each proposal to determine if it meets the basic criteria as stated under Section 1570.20 above. He will also evaluate each qualifying proposal to determine the priority of the proposed project. (See Section 1570.40 for further explanation of criteria used in determining priority.)

c) Applicants with qualifying applications will then receive notification from the Department of Natural Resources of availability of cost-share funds within limits of the federal allocation to the State.

d) Notification will be sent to proponents of applications which did not have high enough priority to be funded for the current year. The "year" begins, or corresponds, to the Federal Fiscal Year, October 1-September 30.

e) Claim for reimbursement should be submitted to the State Forester by applicants with approved projects.

History

• Source: Amended at 18 Ill. Reg. 15733, effective October 18, 1994

17 Ill. Adm. Code 1570.40 Selection Criteria

a) Some of the priority-determining criteria are whether the program will:

1. improve insurance classification;

2. result in an organization formed under improved fire plans (the formation of fire districts or other legal entities will be encouraged);

3. encourage applicant use of all aspects of the program (training, organizing and equipping);

4. encourage applicant in the development of both structural and rural land fire prevention and suppression.

b) Specific criteria are:

1. degree of hazard;

2. number of applicants involved;

3. involvement with Farmers Home Administration (FmHA);

4. aspects of program used (organization, training and equipment);

5. effect on insurance rates;

6. compatibility with state-wide rural protection plans;

7. communication equipment;

8. lack of tax base;

9. written memorandum with Illinois Division of Forest Resources;

10. definite training plans;

11. protection of government land and facilities;

12. protective clothing and equipment;

13. modification of Federal Excess equipment;

14. ground cover tools and equipment;

15. catastrophic loss.

History

• Source: Amended at 18 Ill. Reg. 15733, effective October 18, 1994

17 Ill. Adm. Code 1570.50 Key Provisions

a) Financial assistance on any project during any fiscal year cannot exceed 50 percent of the actual expenditures or the maximum allowable cost share dollar amount, including expenditures of local public and private non-profit organizations participating in the agreement.

b) This assistance is available to applicants serving communities under 10,000. However, a group of applicants (each serving communities with a population of under 10,000) will qualify for consideration if they meet all requirements under Section 1570.20 above. Each applicant may serve more than 10,000 in the entire protection area.

c) Reimbursement for construction expenses and/or rescue equipment is not authorized.

d) Applications for new fire trucks are not authorized.

History

• Source: Amended at 18 Ill. Reg. 15733, effective October 18, 1994

17 Ill. Adm. Code 1570.60 Auditing Requirements

a) Applicants will maintain a record of Project Accomplishments including the following:

1. signed agreement with Department of Natural Resources;

2. source documents such as paid invoices, signed time reports showing hours of volunteer work of "in-kind" contributions;

3. source of fire agency funds and how funds were expended;

4. copy of reimbursement of funds documents;

5. accountability records showing current status of equipment over $1,000 in value purchased under agreement.

b) Participating agencies must permit necessary auditing of the above records.

History

• Source: Amended at 18 Ill. Reg. 15733, effective October 18, 1994

17 Ill. Adm. Code 1570.70 Program Information

Information on the Rural Community Fire Protection Program may be obtained by writing the State Forester, Department of Natural Resources, Division of Forest Resources, 600 North Grand Avenue West, P.O. Box 19225, Springfield, Illinois 62794-9225.

History

• Source: Amended at 18 Ill. Reg. 15733, effective October 18, 1994

17 Ill. Adm. Code 1580.10 Licensing Procedure

a) Ginseng dealer, grower and harvester licenses are available for purchase through DNR authorized vendors, and through DNR Direct by phone (1-888-673-7648) and over the internet (www.dnr.state.il.us).

b) Fees for licenses shall be as follows:

1. $25 for grower's license

2. $50 for resident dealer's license

3. $100 for non-resident dealer's license

4. $7 for ginseng harvester's license

5. $.50 issuing fee for each license

c) Persons who purchase one and two year old live cultivated ginseng plants for the purpose of propagation are not required to obtain a dealer's license.

History

• Source: Amended at 31 Ill. Reg. 16501, effective November 28, 2007

Chapter I Department of Natural Resources

Subchapter d Forestry

Part 1580 Ginseng Harvest and Commerce Regulations

17 Ill. Adm. Code 1580.20 Revocation of License (repealed)

History

• Source: Repealed at 26 Ill. Reg. 16537, effective October 28, 2002

17 Ill. Adm. Code 1580.30 Harvest Season

The season for harvesting wild ginseng is from the first Saturday in September through November 1 in all counties.

History

• Source: Amended at 26 Ill. Reg. 16537, effective October 28, 2002

17 Ill. Adm. Code 1580.35 Harvest Regulations for Wild Ginseng

a) The harvest of wild ginseng shall be limited to plants that are 10 years of age (4 leafed) or older.

b) When harvesting wild ginseng, harvesters shall plant all of the seeds from the harvested plants in the vicinity of the parent plants in a manner that will encourage their germination and growth.

History

• Source: Added at 30 Ill. Reg. 458, effective January 3, 2006

17 Ill. Adm. Code 1580.40 Records of Dealers

a) Dealers must keep a written record of their purchases on forms provided by the Department of Natural Resources including:

1. name and address of seller and seller’s harvester, dealer or grower license number,

2. counties and states where the ginseng was harvested (when purchase is from two or more states or counties a separate entry must be made for each state and Illinois county),

3. weight in pounds and ounces of purchased ginseng,

4. whether ginseng was wet or dry,

5. date ginseng was purchased,

6. whether ginseng was certified as to origin by a previous dealer (if so give name of dealer and date of certification),

7. whether ginseng was wild or cultivated.

b) The purchase record must be made in duplicate and copies mailed to the Department of Natural Resources on the last business day of each month in which purchases are made. The purchase record must be available for inspection by agents of the Department of Natural Resources upon request and must be available to support origin of ginseng being certified for sale and shipment. These records shall be maintained by the dealer for a minimum period of three years.

c) Dealers shall submit an annual report, on forms provided by the Department of Natural Resources, by May 1 of the year following the ginseng harvesting season. This report shall include the number of pounds purchased, certified and sold, the locations to which the ginseng was shipped, and any other information required by the Department as prescribed on the form.

History

• Source: Amended at 26 Ill. Reg. 16537, effective October 28, 2002

17 Ill. Adm. Code 1580.50 Records of Growers

a) Ginseng growers must keep a written record of the location and size of their cultivated ginseng stands on forms provided by the Department of Natural Resources. Such record shall contain:

1. the area of stands in acres or square feet if a fraction of an acre,

2. whether stand is growing under natural (trees) or artificial shade.

3. legal location of stands to the quarter quarter section (40 acre tract).

b) Ginseng growers must keep a written record of the harvest and sale of cultivated ginseng on forms provided by the Department of Natural Resources containing:

1. legal location of stand(s) to the quarter, quarter section from which cultivated ginseng on hand was harvested,

2. date of harvest,

3. weight of the harvested root, indicating wet or dry weight,

4. date of sale and to whom sold.

17 Ill. Adm. Code 1580.60 Reports of Growers

a) The location, size and type of shade of each cultivated stand must be reported to the Department of Natural Resources by April 1 of each year on forms provided by the Department.

b) The written harvest record for cultivated ginseng must be available for examination by agents of the Department during normal business hours and an annual report of harvests must be submitted to the Department of Natural Resources upon sale of the season's crop or April 1 of the following year whichever comes first.

Chapter I Department of Natural Resources

Subchapter d Forestry

Part 1580 Ginseng Harvest and Commerce Regulations

17 Ill. Adm. Code 1580.70 Certification of Ginseng Shipments

a) All ginseng roots harvested in the State of Illinois shall be certified as to origin and legal taking by an agent of the State prior to their being shipped or transported outside of the boundaries of the State.

b) Only Illinois licensed dealers or growers may have ginseng certified within the State.

c) The certification will be on forms provided by the certifying agent and will include:

1. the name and address of the dealer or grower,

2. the weight in pounds and ounces of dried root of both cultivated and wild ginseng,

3. the date of certification,

4. year of harvest,

5. shipment number of dealer or grower for the year,

6. signature of the dealer,

7. signature of the state certifying official,

8. dealer’s or grower’s State license number.

d) Certification will be in triplicate with the original certificate accompanying the shipment, the dealer or grower retaining one copy for their records and the third copy being retained by the Department of Natural Resources.

e) Licensed dealers and growers will be notified by mail of the times and locations where state certification officers will be available to certify ginseng. Other persons can obtain information on certification by writing Ginseng Program, Illinois Department of Natural Resources, Office of Law Enforcement, One Natural Resources Way, Springfield IL 62702-1271 (Phone 217/782-6431).

f) Live one and two year old cultivated ginseng plants sold by growers for propagation purposes within the United States are not regarded as harvested and are exempt from the certification requirement.

History

• Source: Amended at 26 Ill. Reg. 16537, effective October 28, 2002

17 Ill. Adm. Code 1585.10 Definitions

"Commercial Timber" - means species of trees of a size which will be purchased by an available primary forest products market, such as for sawlogs, pulpwood, veneer, cooperage or forest products, which at the minimum will produce one stick of wood with a 4 inch diameter inside the bark at the small end and 8 feet long or greater.

"Department" – means the Illinois Department of Natural Resources.

"Diameter at Breast Height" (DBH) – means the stem diameter, outside bark, at a point 4.5 feet above ground.

"Doyle Log Rule" – is:

(

(D-4)2

)L=BF

4

where: D is diameter of the small end of a log in inches

L is the log length in feet

BF is Board Feet.

17 Ill. Adm. Code 1585.20 Volume and Value Determination

a) Volume. The Doyle Log Rule will be used to determine board foot volume.

b) Value.

1. No value will be assigned to any tree that will not meet the definition of commercial timber. This Part does not apply to replacement, aesthetic, shade-tree or landscaping value.

2. The unit value will be based on the appraiser's knowledge of commercial timber market values based on comparable sales or sawmill purchases of commercial timber. The estimated value will be the dollar amount of the commercial timber had it been offered for sale on the open market. The "Illinois Timber Price" report issued by the Illinois Department of Agriculture and the Illinois Department of Natural Resources can be used to determine commercial timber value.

17 Ill. Adm. Code 1585.30 Appraisers

a) Within 15 days after receiving a court order requiring the appointment of these appraisers, the Department shall initiate the contact of enough potential appraisers to obtain 3 who agree to appraise the ordered site. Appraisers shall be either:

1. Timber buyers currently licensed in Illinois; or

2. Individuals possessing at least a bachelor's degree with a major in Forestry and who have expressed a willingness to be a timber appraiser and have a knowledge of Illinois' local commercial timber values.

b) Disqualification. Appraisers must not have contracted nor conducted business with either the plaintiff or defendant in the case within the previous 5 years.

c) Report. Within 10 working days after examining the site, each appraiser shall submit a report to the Department. The report must contain, at a minimum, the appraiser's name and address and the total value determination. This report must be accompanied by the appraiser's expenses as a separate document listing the court case as the billing party.

d) Payment. Appraisers shall be paid by the parties pursuant to Sections 3 and 4 of the Act.

Chapter I Department of Natural Resources

Subchapter d Forestry

Part 1585 Wrongful Tree Cutting

17 Ill. Adm. Code 1585.40 Parties

The parties and their legal representatives will be advised of the time and date of the appraisal, and may be present if they so desire. The parties are responsible for plainly delineating boundary lines prior to any appraisal.

Part 1590 Falconry and the Captive Propagation of Raptors

17 Ill. Adm. Code 1590.10 Establishment of Rules and Regulations

The following rules and regulations are established for the possession and/or training of raptors, and for the issuance of licenses or permits to practice falconry, for captive propagation and capture of raptors.

History

• Source: Amended at 38 Ill. Reg. 895, effective January 1, 2014

17 Ill. Adm. Code 1590.20 Definitions

Bred in Captivity or Captive-Bred – refers to raptors, including eggs, hatched in captivity from parents that mated or otherwise transferred gametes in captivity.

Department or IDNR – Department of Natural Resources.

Endangered Species – any species or subspecies contained in the federal endangered species list issued pursuant to the federal Endangered Species Act (16 USC 1531 et seq.), as amended, plus other species or subspecies as the Illinois Endangered Species Protection Act [520 ILCS 10] deems to be in danger of extinction (see 17 Ill. Adm. Code 1010).

Eyass Raptor – an immature raptor not capable of flight.

Falconer – a person who engages in the sport of falconry.

Falconry – the sport of taking or attempting to take any species of animal by means of a trained raptor.

Fish and Wildlife Service or FWS – the United States Department of Interior-Fish and Wildlife Service.

Hacking – the temporary release to the wild of a raptor held for falconry so that it must survive on its own.

Haggard Raptor – a raptor greater than one year old.

Hybrid Raptor – a raptor that is the offspring from cross-breeding among two or more raptor species listed in federal regulations at 50 CFR 10.13.

Imping – the method of replacing a broken feather with a molted feather.

Imprinted Raptor – a raptor that has been hand-raised in isolation from the sight of other raptors from before 2 weeks of age until it is fully feathered.

Marker – a seamless, or other numbered, non-reusable marker supplied by the Fish and Wildlife Service.

Mews – a building or indoor room where a raptor is held or sheltered.

Native Raptor – a raptor that regularly breeds in, migrates through or winters in Illinois.

Passage Raptor – an immature raptor capable of flight that is less than one year old.

Prohibited Species – The following species will be referred to as "prohibited species" for the purposes of this Part:

Bald Eagle (Haliaeetus leucocephalus);

Osprey (Pandion haliaetus); and

Barn Owl (Tyto alba).

Raptor – any bird of the Orders Falconiformes, Accipitriformes or Strigiformes that includes all hawks, eagles, falcons, kites, harriers, ospreys, vultures, caracaras and owls.

Replacement Raptor – a raptor obtained from the wild to replace one that has died in captivity, has escaped, or has been lawfully released to the wild.

Sponsor – a general or master class falconer who is mentoring a falconer trying to complete the requirements for an apprentice or general class falconry permit.

Threatened Species – any species or subspecies likely to become an endangered species or subspecies in the foreseeable future pursuant to the federal Endangered Species Act and Illinois Endangered Species Protection Act.

Weathering Area – an enclosed area outdoors where a raptor can be housed with protection from the environment, predators and domestic animals.

Wild Raptor – a raptor originating from the wild.

History

• Source: Amended at 38 Ill. Reg. 895, effective January 1, 2014

17 Ill. Adm. Code 1590.30 Provisions of Rules and Regulations (repealed)

History

• Source: Repealed at 10 Ill. Reg. 16627, effective September 24, 1986

17 Ill. Adm. Code 1590.40 Violation of Rules (repealed)

History

• Source: Repealed at 10 Ill. Reg. 16627, effective September 24, 1986

17 Ill. Adm. Code 1590.50 Permit and License Requirements

a) It shall be unlawful for any person to take, possess or transport any raptor for falconry purposes or practice falconry in Illinois unless a valid falconry permit has been issued pursuant to this Section or issued by another state in accordance with federal regulations at 50 CFR 21.29 (January 1, 2011). A falconry permittee in Illinois must also comply with relevant provisions of 50 CFR 21.29.

1. Residents − Illinois residents may hold raptors in captivity only under a falconry or captive propagation permit issued by the Department.

A) The initial fee for an Illinois falconry permit shall be $200 for 5 years. The permit must be renewed every 5 years for a fee of $200 if raptors are to be possessed or held beyond the permit expiration date.

B) All applicants must be at least 14 years of age.

2. Non-Residents − A non-resident falconer who possesses a falconry permit issued by another state may transport and possess legally possessed raptors in Illinois for falconry purposes on a temporary basis not to exceed 30 days. Written authorization from the Department is required in advance if any raptor is to be brought into Illinois for more than 30 days. While in Illinois, all non-residents shall comply with all applicable provisions of this Part and obtain the appropriate hunting licenses, stamps and/or permits required under Illinois law.

3. A visitor to the United States from another country may qualify for a temporary permit to practice falconry in Illinois, appropriate to his or her experience, by following the requirements of federal regulations (50 CFR 21.29). The permit will be valid for a maximum of 30 days.

b) A permittee must have his or her falconry permit or a legible copy in his or her immediate possession when not at the location of his or her falconry facilities and trapping, transporting, working with or flying falconry raptors.

c) No person shall transfer the falconry permit or unused markers or allow their use by any other persons, nor shall any person, while engaged in falconry, use or carry any permit or marker issued to another.

d) Nothing in this Section shall prohibit a falconry permittee of the appropriate class from using the raptor of another permittee for falconry purposes on a temporary basis in accordance with Sections 1590.70 and 1590.80.

e) Falconry permittees must comply with all regulations governing migratory bird permitting.

f) No person may have in his or her possession any prohibited species, as defined in Section 1590.20, for falconry purposes.

g) No permittee may possess any federal or State listed endangered or threatened raptor species taken from the wild in Illinois. This subsection shall not apply if the raptor was taken by legal means in another state or country as provided for in Section 1590.90(c) or (d).

h) No person may capture or release raptors or practice falconry on private lands without the permission of the landowner or tenant. No person may capture or release raptors or practice falconry on public lands without authorization or unless otherwise allowed.

History

• Source: Amended at 38 Ill. Reg. 895, effective January 1, 2014

17 Ill. Adm. Code 1590.60 Examination and Application Procedures

a) In order to obtain a permit to participate in falconry, the applicant must submit to the Department of Natural Resources, One Natural Resources Way, Springfield, IL 62702-1271, an application containing the following information:

1. The name, address, county, date of birth, phone number and Social Security number or IDNR customer number of the applicant.

2. An applicant who is under 18 years of age must have a parent or legal guardian sign the application. The parent or legal guardian will be legally responsible for the activities of the permittee.

3. A certification stating the applicant has read and is familiar with the regulations in 50 CFR 13 and the other applicable parts in 50 CFR chapter 1, subchapter B and that the information submitted is complete and accurate to the best of the applicant's knowledge and belief.

4. Any other information required by the Department to determine if the applicant is eligible for a permit under this Part.

b) Each new applicant or person whose permit has been revoked shall be required to answer correctly at least 80% of the questions on a closed-book examination administered by the Department. The exam will cover the care and handling of falconry raptors, federal and State laws and regulations relevant to falconry, and other appropriate subject matter (e.g., history of falconry). At the discretion of the Department, a permit that has been revoked may be reinstated at the level previously held upon successful completion by the holder of the exam and satisfactory inspection of his or her falconry facilities.

1. An apprentice falconer whose permit has expired must apply to get a new apprentice permit.

2. A general falconer or master falconer whose permit has expired for fewer than 5 years may have his or her permit reinstated at the level previously held if proof of certification at that level can be provided to the Department.

3. A general falconer or master falconer whose permit has lapsed for 5 years or longer must correctly answer at least 80% of the questions on an examination administered by the Department. Upon successful completion of the exam and a facility inspection, the falconry permit may be reinstated at the level previously held.

c) Applicants who fail the required examination may repeat the exam after 45 days. If the applicant fails a second time, a 6 month waiting period from the date of the second exam is required before the examination sequence may be repeated.

d) When a holder of a falconry permit issued by another state applies for an Illinois falconry permit, the applicant shall submit a copy of his or her current falconry permit and information that consists of the number of raptors possessed and the species, age, sex, date of acquisition and source of each. If the applicant meets federal (50 CFR 21.29) and State standards for issuance of a falconry permit , he or she shall enter the same class or an equivalent class as held in the previous state.

e) A person who is a new resident in Illinois and the United States must pass the falconry exam with a score of at least 80% and provide written documentation of the applicant's falconry experience, including species of raptors flown and game taken, and must have his or her falconry facilities and equipment pass inspection by a certified Department representative. The Department's falconry permit administrator will assign a falconry class level commensurate with the new resident falconer's experience.

History

• Source: Amended at 38 Ill. Reg. 895, effective January 1, 2014

17 Ill. Adm. Code 1590.70 Inspection of Facilities, Facility Requirements, Care of Raptors and Equipment

a) All applicants and falconry permit holders must provide suitable facilities (mews and/or weathering area) for all raptors they possess.

1. All applicant facilities must be inspected and certified by a Department representative prior to issuance of a falconry permit. Permittees who move to a new residence or change the location of their facilities within the State of Illinois prior to the permit's expiration must notify the Department in writing within 5 days and request inspection of any new facilities by a representative of the Department.

2. All falconry permit holders are subject to inspection of raptors, eggs, or parts of raptors, facilities, records and equipment at any reasonable time.

3. Housing facilities for falconry raptors may be located on property not owned by the permittee as long as the facilities meet the requirements in Section 1590.80(b,)(c) and (d), and the permittee and landowner sign a dated statement agreeing that the raptors and facilities may be inspected by the Department at any reasonable time of the day in the presence of the landowner, except that Department representatives may not enter the facilities or disturb the raptors unless the permittee is present.

4. A falconer holding an Illinois falconry permit and residing part-time in another state or territory or on tribal lands must contact that jurisdiction to determine if a permit is needed. If a falconer resides for more than 120 consecutive days in a state or territory or on tribal lands other than where his or her primary residence is located, then the falconer's facilities at the second location must meet the federal standards (50 CFR 21.29(d)) and the second facilities must be listed on the falconer's permit.

b) Facilities for housing raptors indoors (mews) and outdoors (weathering area) shall protect the raptors in them from the environment, predators and domestic animals and shall meet the following standards:

1. The facility shall have a suitable perch for each raptor and at least one opening for sunlight, and shall provide a healthy environment for raptors inside.

2. Untethered raptors may be housed together if they are compatible with each other.

3. Each raptor must have an area large enough to allow it to fly if it is untethered or, if tethered, to fully extend its wings or bate (attempt to fly while tethered) without damaging its feathers or contacting other raptors.

4. Each falconry bird shall have access to a pan of clean water unless weather conditions, the perch type used or some other factor makes access to a water pan unsafe for the raptor.

c) A mews must meet the following additional standards:

1. The mews must be large enough to allow easy access for the care and feeding of raptors kept there.

2. Any non-solid walls in a mews must be protected on the inside if untethered raptors are to be housed there. Suitable materials include vertical bars spaced narrower that the width of the body of the smallest raptor housed in the enclosure. Heavy-duty netting or other such materials may be used to cover the walls or roof of the enclosure.

3. Acceptable indoor facilities include shelf perch enclosures where raptors are tethered side by side out of reach of each other or separated by a partition. Other innovative housing systems are acceptable if they provide the enclosed raptors with protection and maintain healthy feathers.

4. The floor shall be well drained and permit easy cleaning.

5. Falconry raptors may be kept inside a falconer's residence if a suitable perch is provided for each raptor. If raptors are housed inside a residence, windows or other openings do not need to be modified. Raptors kept inside a residence must be tethered unless they are being moved into or out of the residence.

d) A weathering area shall meet the following additional standards:

1. The weathering area shall be totally enclosed and may be made of heavy-gauge wire, heavy duty plastic mesh, slats, pipe, wood or other suitable material.

2. The weathering area must be covered and have at least a covered perch to protect a raptor held in it from predators and weather.

3. The weathering area shall be large enough to ensure that the birds cannot strike the enclosure when flying from the perch.

4. New types of housing facilities and/or husbandry practices may be used if they satisfy the requirements in this subsection (d) and are approved by the Department.

e) Falconry raptors may be kept outside in the open, if they are under watch, such as by the permittee or a family member, at any location or, for example, by a designated individual in a weathering yard at a falconry meet.

f) Facilities for transporting a raptor, using the raptor for hunting, and when otherwise away from the raptor's permanent facilities shall have a suitable perch and be protected from extreme temperatures, wind and excessive disturbance. A hawk box (giant hood) or similar container is acceptable for transporting or housing a raptor when away from its permanent housing facility.

g) A falconry permittee must have and maintain the following equipment:

1. Jesses – at least one pair of Alymeri jesses or similar type construction of pliable leather or suitable synthetic material for use when any raptor is flown free or the materials and equipment to make them;

2. Leashes and swivels – at least one flexible, weather-resistant leash and one strong swivel of acceptable falconry design;

3. Bath container – a suitable container for each raptor 2 to 6 inches deep and wider than the length of the raptor;

4. Outdoor/portable perches – a weathering area perch of acceptable design for each raptor; and

5. Weighing device – a reliable scale or balance suitable for weighing the raptors held and graduated to increments of not more than ½ ounce or 15 grams.

h) All facilities and equipment shall be kept at or above the standards created in this Section at all times.

i) Falconry raptors may be cared for by another falconry permittee under the following conditions:

1. The raptors may be cared for at the facilities of the permittee owning the raptors or the facilities of another falconry permittee for up to 120 consecutive calendar days. This care of raptors may be extended indefinitely in extenuating circumstances such as illness, military service or a family emergency. All requests for care of raptors by another falconer in excess of 120 days must have prior approval by the Department.

2. The falconry permittee providing care for the raptors must have a signed and dated statement from the falconry permittee who owns the raptors authorizing temporary possession. The statement must include information about the time period for which the raptors will be kept and what the falconer providing care to the raptors is allowed to do with them. The falconer providing care also must have a copy of FWS form 3-186A indicating ownership of the raptors.

3. Raptors in the care of another falconer will remain on the permit of the falconer who owns the raptors and not count against the possession limit of the falconer providing care.

4. If the falconer providing care to the raptors holds the appropriate level of falconry permit, he or she may fly the raptors in whatever way is authorized, including hunting, by the falconer who owns the raptors.

j) Falconry raptors may be cared for by a person who does not have a falconry permit under the following conditions:

1. The raptors may be cared for at the permittee's facilities by a person without a falconry permit for up to 45 consecutive calendar days. This care of raptors may be extended indefinitely in extenuating circumstances such as illness, military service or a family emergency. All requests for care of raptors by another person in excess of 45 days must have prior approval by the Department.

2. The raptors will remain on the falconry permittee's permit and must remain in the falconry permittee's facilities.

3. The person caring for the raptors may not fly them for any reason.

k) Raptors may be held in temporary housing outside of the falconry permittee's permanent facilities, when not being transported or used for hunting for up to 120 consecutive calendar days, if the facilities have a suitable perch and are protected from predators, domestic animals, extreme temperatures, wind and excessive disturbance.

History

• Source: Amended at 38 Ill. Reg. 895, effective January 1, 2014

17 Ill. Adm. Code 1590.80 Falconry Permits – Classes and Standards

a) Apprentice Class Falconer

1. Permittees shall be at least 14 years of age. An applicant under 18 years of age must have a parent or legal guardian sign the application. The parent or legal guardian will be legally responsible for the activities of the permittee. The permittee's raptor facilities must pass inspection by the Department before a permit is granted.

2. An apprentice falconer must have a letter from a sponsor possessing a valid master falconry or general falconry permit, issued by a state, tribe or territory, who is at least 18 years old and has at least 2 years experience at the general falconer level, stating that he or she will assist the apprentice, as necessary, in learning about the husbandry and training of wild raptors held for falconry, learning about the relevant wildlife laws and regulations, and deciding what species of raptor is appropriate for the apprentice to possess. A sponsor who wishes to withdraw sponsorship of an apprentice class permittee must notify the apprentice via a registered letter and provide the Department with a copy of the letter and receipt showing the letter was received. The apprentice shall have 45 days from the date of the letter to secure another sponsor or shall forfeit his or her permit.

3. An apprentice falconer may possess no more than one raptor and may obtain no more than two replacement raptors during any 12-month period. Any species of the order Falconiform or Strigiform may be possessed, including wild, captive-bred or hybrid individuals except a federal or State listed threatened or endangered species, prohibited species, white-tailed eagle (Haliaeetus albicilla), Steller's sea-eagle (Haliaeetus pelagicus), or golden eagle (Aquila chrysaetos). A raptor taken from the wild as an eyass or that is imprinted on humans may not be possessed. A wild raptor can be transferred to an apprentice by another falconry permittee.

4. An apprentice falconer may take a raptor less than 1 year old, except an eyass, from the wild only while under the direct supervision of his or her falconry sponsor. Any Falconiform or Strigiform species may be taken from the wild, except a federal or State listed threatened or endangered species, prohibited species, white-tailed eagle, Steller's sea-eagle, golden eagle, American swallow-tailed kite (Elanoides forficatus), Swainson's hawk (Buteo swainsoni), peregrine falcon (Falco peregrines), flammulated owl (Otus flammeolus), elf owl (Micrathene whitneyi) and short-eared owl (Asio flammeus).

b) General Class Falconer

1. Permittees must be at least 16 years of age and have at least 2 years of licensed falconry experience at the apprentice class level. A person 16 or 17 years of age must have a parent or legal guardian sign the application, acknowledging that he or she will be legally responsible for the activities of the permittee.

2. The permittee shall submit a document from his or her sponsor to the Department stating that the permittee has practiced falconry with raptors at the apprentice falconer level or equivalent for at least 2 years, including maintaining, training, flying and hunting the raptors for at least 4 months in each year. That practice may include the capture or release of falconry raptors. No falconry school program or education may be substituted to shorten the period of 2 years at the apprentice level.

3. A general falconer shall possess no more than 3 raptors and may not obtain more than 2 replacement raptors during any 12-month period. In accordance with Section 1590.90(c) and (d), any Falconiform, Accipitriform or Strigiform species may be possessed, including wild, captive-bred or hybrid individuals except a prohibited species, a white-tailed eagle, a Steller's sea-eagle or a golden eagle. Permittees may possess captive-bred individuals and hybrids of species authorized to be possessed.

c) Master Class Falconer

1. A permittee must have at least 5 years of licensed experience practicing falconry with his or her own raptors at the general class falconer level and must submit a statement attesting to the same.

2. A master falconer shall possess no more than 5 wild raptors, and may not obtain more than 2 replacement raptors during any 12-month period. Permittees may possess any number of captive-bred raptors, however, all raptors must be trained in the pursuit of wild game and used in hunting. In accordance with subsection (c)(3) and Section 1590.90(c) and (d), any Falconiform, Accipitriform or Strigiform species may be possessed, including wild, captive-bred or hybrid individuals except those of a prohibited species.

3. A master falconer may possess up to 3 golden eagles, white-tailed eagles and Steller's sea-eagles in aggregate for use in falconry by providing the following to the Department:

A) A letter documenting experience in handling raptors, including information about the species handled and the type of duration of the activity in which the experience with eagles was gained.

B) At least 2 letters of reference from people with experience handling and/or flying large raptors such as eagles, ferruginous hawks (Buteo regalis), goshawks (Accipiter gentilis), or great-horned owls (Bubo virginianus). Each must contain a concise history of the author's experience with large raptors, which can include, but is not limited to, handling of raptors held by zoos, rehabilitating large raptors or scientific studies involving large raptors. Each letter must also assess the permittee's ability to care for eagles and fly them in falconry. Each eagle possessed will count as one of the raptors that can be possessed for use in falconry.

d) Upon completing the requirements needed to enter the next highest class, a falconer may submit a written request for an upgrade to the Department. The Department shall confirm the completion of all requirements and grant the request.

History

• Source: Amended at 38 Ill. Reg. 895, effective January 1, 2014

17 Ill. Adm. Code 1590.82 Banding Requirements – Falconry Raptors

a) Every raptor possessed under authority of an Illinois falconry permit must be identified by a band within 5 days after acquisition of the raptor. A seamless numbered band may not be placed on a wild raptor but must be placed on a captive-reared raptor in accordance with Section 1580.85(a)(2). A seamless band may not be placed on a wild raptor. If a marker or band must be removed or is lost, the loss must be reported within 5 days and the permittee must request a U.S. Fish and Wildlife Service nonreusable band from the Department. The required information must be submitted within 10 days after rebanding the raptor at https://epermits.fws.gov/falcp and by submitting a form 3-186A to the Department. The marker or band must be replaced by a marker or bank provided by the Department. An ISO (International Organization for Standardization) compliant (134.2kHz) microchip may be implanted in a falconry raptor in addition to the band.

b) A marker or band must not be altered, defaced or counterfeited. The rear tab from a band on a raptor taken from the wild may be removed and any imperfect surface may be smoothed as long as the integrity of the marker or band and numbering on it is not affected.

c) If health or injury problems are detected in a raptor due to the band, then a falconer can apply to the Department for an exemption to the banding requirement by a written letter and photographs, describing the history of the injury or health problem. If an exemption is granted, then the band must be replaced with an implanted ISO compliant (134.2 kHz) microchip. If the bird is a wild goshawk, Harris's Hawk (Parabuteo unicinctus), peregrine falcon, or gyrfalcon (Falco rusticolus), then the band must be replaced with an implanted ISO compliant microchip supplied by FWS and obtained from the Department. FWS and the Department will not provide microchips for any other species.

History

• Source: Amended at 43 Ill. Reg. 9659, effective August 23, 2019

17 Ill. Adm. Code 1590.85 Captive Propagation - Regulations

Captive Propagation. Unless this Part is more restrictive, federal regulations at 50 CFR 21.30 shall govern the activities of Illinois captive propagation permittees. Raptors held for captive propagation purposes may be held only under permits from both the U.S. Fish and Wildlife Service and the Department. The initial fee for a captive propagation permit is $200 for 5 years. The permit must be renewed every 5 years for a fee of $200 if raptors are to be possessed beyond the permit expiration date. A holder of an Illinois captive propagation permit must also hold a general or master class Illinois falconry permit. An Illinois captive propagation permit holder may transfer, purchase, sell or barter captive-bred raptors, raptor eggs or raptor semen in accordance with 50 CFR 21.30, this Part and the laws of other jurisdictions in which these products are transferred, purchased, sold or bartered. Nothing in this Part shall prevent a permittee from holding individual birds under the authority of both the falconry permit and the captive propagation permit at the same time, within the numerical limits for the falconry permit.

a) Raptors possessed for falconry may be used for captive propagation if the person overseeing the propagation has the proper State captive propagation permit and a federal raptor propagation permit. A falconry raptor does not need to be transferred to a propagation permit if it is used in captive propagation less than 8 months a year. However, a falconry raptor shall be transferred, if it is to be used permanently for captive propagation, in accordance with Section 1590.100 and banded in accordance with subsections (b) and (c) of this Section.

b) A raptor bred in captivity shall be banded with an FWS seamless metal band. If a band must be removed or is lost, it shall be reported electronically at https://epermits.fws.gov/falcp and by submitting a form 3-186A to the Department and a replacement band requested of the FWS no less than 10 days after the band is removed or lost. A seamless band that is removed or lost shall be replaced on the raptor with a nonreusable band supplied by the Department.

c) An ISO compliant microchip (134.2 kHz) may be implanted in a falconry raptor bred in captivity, in addition to the seamless metal band.

History

• Source: Amended at 43 Ill. Reg. 9659, effective August 23, 2019

17 Ill. Adm. Code 1590.90 Capturing of Raptors - Regulations

a) No permittee may capture any raptor without an appropriate permit from the Department. A permittee in possession of a valid capture permit may capture raptors of a non-prohibited species or subspecies. A person shall hold a valid falconry permit in Illinois or another state to be eligible for a capture permit. The Department will authorize up to 250 capture permits annually. Requests for capture permits in excess of 250 will be considered first in following years.

1. A capture permittee may only intentionally capture a raptor species that he or she is allowed to possess. A permittee that captures a raptor that he or she may not possess shall immediately release the bird.

2. Immature passage raptors may be captured from September 1 until March 1.

3. Haggard American kestrels (Falco sparverius) and great horned owls may be captured between September 1 and January 1.

4. The capture or taking of any eyass raptor in Illinois shall be permitted between February 1 and August 1. When eyasses are captured, at least one eyass shall be left in the nest.

5. The fee for a raptor capture permit for a resident of the State of Illinois is $50 per year. The fee for a non-resident raptor capture permit is $100 per year.

6. A capture permit shall expire on March 1 of each year and shall authorize the permittee to take up to his or her legal limit of raptors for possession and/or replacement, but no more than 2 raptors shall be taken from the wild per calendar year. All raptors shall be captured in a humane manner. Marked raptors that escape or are lost may be recaptured at any time without a capture permit and do not count as a bird taken from the wild.

7. The take of raptors from the wild must be reported by entering the required information into the electronic database at https://epermits.fws.gov/falcp or submitting a paper form 3-186A to the Department at the capturer's first opportunity to do so, but no later than 10 days after the capture of the raptor.

b) A raptor taken from the wild is always considered to be a wild raptor no matter how long it is held in captivity or whether it is transferred to another person. However, it is only considered to be taken from the wild by the person who captured it. The raptor is not considered to be taken from the wild by any subsequent permittee to whom it is legally transferred.

c) Wild raptors listed as endangered or threatened by the U.S. Fish and Wildlife Service (50 CFR 17) and golden eagles may not be captured in Illinois for falconry purposes. This prohibition shall not prevent a master class permittee from obtaining a wild raptor listed as threatened by FWS at 50 CFR 17, or a golden eagle, provided listed raptors are captured legally in another state or country, or transferred from another falconer in accordance with federal regulations (50 CFR 21.29), this Part and the laws of the jurisdiction in which the raptors are obtained.

d) No wild raptor listed as endangered or threatened by the Illinois Endangered Species Protection Board (17 Ill. Adm. Code 1010) but not by FWS (50 CFR 17) may be captured in Illinois for falconry purposes. This prohibition shall not prevent a permittee from obtaining a raptor of any listed species, provided that it is captured legally in another state or country or transferred from another falconer in accordance with federal regulations (50 CFR 21.29), this Part, and the laws of the jurisdiction in which the raptor was obtained.

e) Except as provided for in Section 1590.50(a)(2) and (d), any unmarked raptors imported into Illinois must be identified with a marker provided by the Department, and the State's copy of FWS electronic form 3-186A must be sent to the Department within 5 days after marking, as determined by the postmark.

f) A raptor taken under a depredation (or special purpose) permit may be used for falconry by general or master falconers in compliance with federal regulations (50 CFR 21.29).

g) A capture permittee who is present at the capture site and immediately receives a captured raptor from another permittee is considered to be the person who removed the raptor from the wild. The capture permittee receiving the raptor is responsible for submitting a form 3-186A reporting take of the raptor from the wild. This would occur, for example, if another person climbs a tree or rappels down a cliff and takes a nestling for the permittee and gives it to the permittee at the tree or cliff.

h) If the capture permittee is not at the immediate location where the raptor is taken from the wild, then the person who takes it must be a general or master falconer, have a valid capture permit, and report take of the raptor. If the falconer capturing the raptor then transfers the raptor to the first capture permittee, the permittee capturing the raptor and the permittee receiving the raptor both must submit a 3-186A form reporting the transaction at the first opportunity to do so, but no later than 10 days after the transfer. The raptor will count as one of the two raptors the falconer who took it from the wild is allowed to capture in any year. The raptor will not count as a raptor taken from the wild by the capture permittee who received the raptor. The falconer who takes the raptor from the wild shall report the take even if he or she promptly transfers it.

i) If a capture permittee has a long-term or permanent physical impairment that prevents attending the capture of a species that is permitted for that permittee's use in falconry, then a general or master falconer holding a valid capture permit may capture the raptor for the permittee. The capture permittee receiving the raptor is then responsible for submitting a 3-186A form reporting take of the raptor from the wild and the raptor will count against the capture permittee's take of wild raptors allowed in any year.

j) Any raptor unintentionally captured shall be promptly released.

k) If a capture permittee transfers a raptor taken from the wild to a falconry permittee in the same year it was captured, the raptor will count as one of the raptors allowed to be taken from the wild in that year, but it will not count as a capture by the recipient, though it will always be considered a wild bird for purposes of bird counts and permits.

l) A raptor wearing falconry equipment or a captive-bred raptor may be recaptured at any time, even if the permittee is not allowed to possess the species. The raptor will not count against the capture permittee's possession limit, nor will its take from the wild count against the permittee's take limit. The recapture must be reported to the Department no more than 5 working days after the recapture by submitting a form 3-186A. A recaptured falconry raptor must be returned to the person who lost it, if that person may legally possess it. Disposition of a raptor whose legal possession cannot be determined will be at the discretion of the Department.

m) A raptor banded with an aluminum federal band issued by the federal Bird Banding Laboratory may be taken from the wild, except that a banded peregrine falcon may not be taken.

1. If a captured raptor (including a peregrine falcon) is marked with a seamless metal band, a transmitter, or any other item identifying it as a falconry raptor, it shall be reported to the Department by submitting a form 3-186A within 5 working days after the capture. A recaptured falconry raptor shall be returned to the person who lost it. Disposition of a raptor whose legal possession cannot be determined will be at the discretion of the Department. While a bird is temporarily held for the purpose of returning it to the person who lost it, it will not count against the possession limit or the limit of take from the wild if it has been reported to the Department.

2. If a peregrine falcon having a research band (such as a colored band with alphanumeric codes) or a research marking attached to it is captured, then it shall immediately be released unless the falcon has a transmitter attached to it, in which case it may be held for up to 30 days if the researcher is contacted to determine if it would like to replace the batteries and the capture is reported to the Department by submitting a form 3-186A within 5 working days after capture. If the researcher wishes to replace the batteries or remove the transmitter, then the researcher or its designee can make the change or allow the captor to do so before the falcon is released. If the researcher does not wish to keep the transmitter on the falcon, then the peregrine falcon may be kept for falconry purposes only if the species is not on the Illinois list of endangered and threatened species.

3. If a captured raptor has any other band, research marking or transmitter attached to it, the band numbers and all other relevant information must be promptly reported to the federal Bird Banding Laboratory at 1-800-327-2263.

A) If the raptor has a transmitter attached to it, then it may be held for up to 30 days if the researcher is contacted to determine if it would like to replace the transmitter and the capture is reported to the Department by submitting a form 3-186A within 5 working days after capture. If the researcher wishes to replace the transmitter, then the researcher or its designee can make the change or allow the captor to do so before the raptor is released. Disposition of the raptor will be at the discretion of the researcher and the Department.

B) A temporarily possessed raptor having a transmitter attached will not count against the raptor possession limit for falconry raptors.

n) A capture permittee is responsible for the costs of care and rehabilitation for any raptor that is injured as a result of the permittee's trapping efforts and the permittee may either:

1. place the raptor on the capture permittee's falconry permit. Take of the raptor shall be reported by entering the required information into the electronic database at https://epermits.fws.gov/falcp and by submitting a paper form 3-186A to the Department no more than 10 days after capture. The raptor must then be treated by a veterinarian or licensed wildlife rehabilitator. The raptor will count against the permittee's possession limit; or

2. the raptor may be given directly to a veterinarian or permitted wildlife rehabilitator or an appropriate Department employee. The raptor will then not count against the permittee's allowed take or possession limit.

o) In order to receive a permit to capture passage peregrine falcons (peregrine permit) in Illinois for falconry purposes, the following regulations apply, in addition to subsections (a) through (n).

1. Applicants must possess a valid master class falconry permit.

2. Those wanting a peregrine permit shall, by August 31 annually, submit an application and any applicable permit fee (see subsection (o)(4)) to the Department at the address cited in Section 1590.60(a). The Department will review and determine the completeness and eligibility of each permit application. Applicants deemed eligible by the Department will be placed in one of two lotteries (one for residents, followed by one for non-residents if any permits remain available after the resident lottery) to fill the permits allocated to Illinois by the U.S. Fish and Wildlife Service (FWS). Lottery winners will receive a permit, and any applicable fees paid by unsuccessful applicants will be refunded.

3. Preference for receiving a permit to capture a peregrine falcon will be given to Illinois residents. After all permit applications received from Illinois residents have been filled, remaining permits will be allocated to non-resident applicants via the separate non-resident lottery.

4. The fee for the permit for Illinois residents will be $50. The fee for non-residents will be $100. If the applicant possesses a valid permit issued under Section 1590.90 (raptor permit), no fee in addition to the raptor permit fee required by Section 1590.90(a)(5) will be charged.

5. Peregrine permits expire on March 1 annually, but peregrine falcons may only be captured between September 20 and October 20. Each permit will be valid for the capture of one peregrine falcon, and no applicant shall receive more than one peregrine permit. Any peregrine falcon captured under a peregrine permit shall be counted as a raptor captured under a raptor capture permit (see Section 1590.90(a) for the current raptor capture limit) and counted as possessed under the master class falconer permit (see Section 1590.80(c)(2) for the current possession limits).

6. Permittees must report successful captures of peregrine falcons within 48 hours after capture using the electronic reporting system or by phone to the Department's representative.

7. Holders of peregrine permits may be required to provide feathers or other samples as directed by the Department and/or FWS.

History

• Source: Amended at 43 Ill. Reg. 9659, effective August 23, 2019

17 Ill. Adm. Code 1590.100 Transfer, Change in Status, Release, Acquisition and Reporting Requirements

a) Permittees shall not purchase or sell any raptor except as specified in Section 1590.85(a) or in subsection (d) of this Section.

b) If a raptor is acquired, transferred, rebanded or microchipped, if a raptor is stolen, if a raptor is lost to the wild and not recovered within 30 days, or if a raptor possessed for falconry dies, the change in status must be reported within 10 days by entering the required information into the electronic database at https://epermits.fws.gov/falcp and to the Department by submitting a form 3-186A. If a raptor is stolen, then it must be reported to the Department and to the local Fish and Wildlife Service Regional Law Enforcement office at 618-713-5320 within 10 days after the theft of the raptor. Copies of electronic database submissions documenting take, transfer, loss, rebanding or microchipping must be kept for 5 years after the transaction.

c) Non-native raptors, hybrids, imprinted raptors and golden eagles may not be permanently released in Illinois.

1. If the species is native to Illinois and was taken from the wild, it may be released only at an appropriate time of year and an appropriate location with permission of the respective landowner. The falconry band and equipment (anklets, jesses, etc.) must be removed and the release must be reported by entering the required information into the electronic database at https://epermits.fws.gov/falcp and reported to the Department by submitting a form 3-186A.

2. If the raptor species is native to Illinois and is captive-bred, it may be released only by hacking the raptor to the wild at an appropriate time of year and an appropriate location. The falconry band and equipment (anklets, jesses, etc.) must be removed and the release must be reported by entering the required information into the electronic database at https://epermits.fws.gov/falcp and reported to the Department by submitting a form 3-186A.

d) Nothing in this Section shall prohibit a falconry permittee from purchasing, selling or bartering a captive-bred raptor marked with a seamless band provided that the transaction is in accordance with federal regulations (50 CFR 21.29) , this Part, and the laws of the jurisdiction in which the captive-bred raptor is purchased, sold or bartered, the captive-bred raptor is of a species that may be legally held by the permittee (see Section 1590.80), and the captive-bred raptor was legally acquired by the person from whom it is being purchased as demonstrated by the FWS forms). Wild raptors may be transferred, but shall not be purchased, sold, traded or bartered.

e) A raptor of any age and species that a falconry permittee is allowed to possess (except a golden eagle) may be acquired directly from a licensed wildlife rehabilitator. The transfer is at the discretion of the rehabilitator.

1. A raptor acquired from a rehabilitator must be reported within 10 days by entering the required information into the electronic database at https://epermits.fws.gov/falcp and by submitting a form 3-186A to the Department.

2. A raptor acquired from a rehabilitator will count as one of the raptors that a permittee is allowed to take from the wild that year.

f) Captive-bred falconry raptors may be transferred to another permit type if the holder of the other permit is authorized to possess the raptors. The transfer must be reported within 10 days by entering the required information into the electronic database at https://epermits.fws.gov/falcp and by submitting a form 3-186A to the Department.

g) A wild-caught falconry raptor may be transferred to another permit type if the holder of the other permit is authorized to possess the raptor under the following circumstances:

1. A wild-caught falconry raptor may be transferred to a captive propagation permit after the raptor has been used in falconry for at least 2 years (1 year for a sharp-shinned hawk (Accipiter striatus), Cooper's hawk (Accipiter cooperii), merlin (Falco columbarius) or American kestrel). A copy of the 3-186A form documenting the acquisition of a raptor by the propagator must be provided to the Department and the federal migratory bird permit office that administers the federal propagation permit.

2. A wild-caught falconry raptor may be transferred to another permit type in less than 2 years (1 year for a sharp-shinned hawk, Cooper's hawk, merlin or an American kestrel) if the raptor has been injured and a veterinarian or permitted wildlife rehabilitator has determined that the raptor can no longer be flown for falconry. Within 10 days after transferring the raptor, a copy of the 3-186A form documenting acquisition of the raptor must be submitted to the Department and the federal migratory bird permitting office that administers the other permit type. When the raptor is transferred, a copy of the certification from the veterinarian or rehabilitator that the raptor is not useable in falconry must also be submitted to the Department and the federal migratory bird permitting office that administers the other permit type.

h) A surviving spouse, executor, administrator or other legal representative of a deceased falconry permittee may transfer any falconry raptor held by the deceased permittee to another authorized permittee within 90 days after the death of the falconry permittee. After 90 days, the disposition of the raptors is at the discretion of the Department.

History

• Source: Amended at 43 Ill. Reg. 9659, effective August 23, 2019

17 Ill. Adm. Code 1590.110 Hunting Seasons for Falconers

a) Falconers shall possess a valid hunting license and appropriate State and federal stamps and shall abide by all Wildlife Code regulations.

b) The statewide seasons for harvesting the following game birds, game mammals and fur-bearing mammals by falconry methods shall be:

1. Cock and hen pheasant, bobwhite quail, Hungarian (gray) partridge, cottontail and swamp rabbits, raccoon, opossum, skunk, gray fox and red fox: October 1-March 31.

2. Fox and gray squirrels: August 1-March 31.

c) No bag or possession limits shall be in effect for fur-bearing mammals. Bag and possession limits for fox and gray squirrels shall be the same as specified in 17 Ill. Adm. Code 690.20. Bag and possession limits for pheasant, bobwhite quail, Hungarian (gray) partridge, cottontail and swamp rabbits shall be the same as specified in 17 Ill. Adm. Code 530.20, except that hen pheasants may be included as part of bag and possession limits in accordance with 520 ILCS 5/2.6. Blaze orange clothing is not required to take pheasant, bobwhite quail, Hungarian (gray) partridge, cottontail and swamp rabbits by falconry during the upland game season except as may be required by local rules and in 17 Ill. Adm. Code 530. Blaze orange clothing consisting of a cap and upper outer garment, with those articles of clothing displaying a minimum of 400 square inches of blaze orange material, is required to take any protected species, except migratory waterfowl, by any means, including falconry, during the gun deer hunting season in counties open to gun deer hunting.

d) Seasons, bag limits and possession limits for harvesting the following migratory birds by falconry methods shall be in accordance with federal regulations (50 CFR 20.109: snipe, rails (sora and Virginia), ducks, geese, coots, woodcock, doves and crows.

History

• Source: Amended at 43 Ill. Reg. 9659, effective August 23, 2019

17 Ill. Adm. Code 1590.120 Additional Provisions

a) Molted and salvaged feathers from falconry raptors held in captivity may be retained and received from other falconry permittees and licensed wildlife rehabilitators for imping purposes only. Feathers from raptors other than golden eagles may also be left where they fell, destroyed or donated as provided for in this subsection (a). Buying, selling or bartering the feathers is prohibited.

1. Feathers from a falconry bird, except golden eagle feathers, may be donated to a person or institution that is authorized by the U.S. Department of Agriculture, FWS or DNR to possess them.

2. Molted primary and secondary flight feathers and retrices from a golden eagle that are not kept for imping must be sent to the National Golden Eagle Repository, Rocky Mountain Arsenal, Bldg. 128, Commerce City, CO 80022; phone number 303-287-2110. All other feathers from a golden eagle, including body feathers, should also be sent to the National Eagle Depository.

3. Persons whose falconry permit is expired or revoked must donate the feathers of any species of falconry raptor, except a golden eagle, to any person who is authorized by the U.S. Department of Agriculture, FWS or DNR to possess them or burn, bury or otherwise destroy them.

b) Any person convicted of illegal possession of raptors shall have his or her permit revoked and his or her raptors confiscated by the Department. The Department shall dispose of any confiscated raptors by transferring them to another permittee or permittees, releasing them to the wild, or destroying them if they are unsuitable to be transferred or released.

c) Convictions of violating any Section of this Part shall result in a period of suspension or revocation by the Department of the permittee's falconry privileges for up to 5 years, pursuant to 17 Ill. Adm. Code 2530.

d) A permittee who possesses a lawfully acquired raptor on which a marker is attached and is listed as endangered by the Illinois Endangered Species Protection Board (17 Ill. Adm. Code 1010) and not by the Fish and Wildlife Service (50 CFR 17), and if the raptor was acquired prior to the enactment of these regulations or prior to listing of the bird in the Endangered Species List of Illinois or the United States, legally acquired out of State (see Section 1590.90(c)), or is the progeny of 2 legally held birds (see Section 1590.85(a) and Section 1590.100 (d)), shall be allowed to possess the raptor as part of the permittee's falconry permit class.

e) Nothing in this Part shall prohibit public educational presentations and other educational uses of raptors held on a falconry permit in accordance with Federal regulations (50 CFR 21.29).

f) Falconers may use other acceptable falconry practices, such as, but not limited to, the use of creance (tethered) flying, lures, balloons or kites in training or conditioning falconry raptors. Permittees in possession of an Illinois game breeders permit may train raptors by using or killing pen reared game at any time.

g) Hacking of falconry raptors is an allowed method of conditioning raptors, but only by general or master class falconers under the following conditions:

1. any raptor that is being hacked counts against the falconer's possession limit and must be a species that is authorized to be possessed;

2. any hybrid that is hacked must have 2 attached functioning radio transmitters during hacking; and

3. a falconry raptor may not be hacked near a nesting area of a State or federally endangered or threatened species that might be disturbed or taken by the falconry raptor. Falconers should contact the Department for information to ensure that this does not occur.

h) A general or master falconer may assist a permitted migratory bird rehabilitator to condition raptors in preparation for their release to the wild in accordance with federal regulations (50 CFR 21.29). A raptor held for rehabilitation may be held in the falconer's facilities.

i) A master falconer may use an authorized raptor species to scare away protected species that are causing property damage or a risk to human health or safety in accordance with 17 Ill. Adm. Code 525 and federal regulations (50 CFR 21). A master falconer may use an authorized raptor species to kill protected species that are causing property damage or a risk to human health or safety on the land of another for a fee, only if he or she has the appropriate class of nuisance wildlife control permit from the Department (17 Ill. Adm. Code 525) and the appropriate Fish and Wildlife Service permit (50 CFR 21).

j) Falconry birds that die must be disposed of under the following conditions:

1. The entire body of a golden eagle held for falconry, including all feathers, talons and other parts, must be donated to the National Eagle Depository.

2. The entire body or feathers of any other species of falconry raptor may be donated to any person or educational institution authorized by the U.S. Department of Agriculture, FWS or DNR to possess the raptor or feathers.

3. The entire body of a raptor, except a golden eagle, that was banded or microchipped prior to death may be kept so that the feathers are available for imping. The body of captive-bred raptors may be mounted by a taxidermist. Taxidermy mounts may be used in giving conservation education programs. The bird band and microchip must be left in place.

4. The flight feathers from dead raptors not donated or mounted by a taxidermist may be kept for as long as the falconer possessing them has a valid falconry permit. The flight feathers may not be bought, sold or bartered. All paperwork documenting the acquisition of the raptor must be retained.

5. Falconry raptors not otherwise disposed of as provided in this subsection (j) shall be burned, buried or otherwise destroyed as approved by the Department within 10 days after the death of the raptor or after final examination by a veterinarian to determine cause of death. Euthanized falconry raptors could pose a risk of secondary poisoning to other animals. Appropriate precautions must be taken to avoid such poisonings.

k) An unintentional prey item taken by a falconry raptor may be fed upon by the raptor but not be possessed by the falconer.

l) Falconers must ensure that State and federally listed endangered and threatened species are not taken by falconry raptors. Take, for the purposes of this Section, includes to harm, hunt, shoot, pursue, lure, wound, kill, destroy, harass, gig, spear, ensnare, trap, capture or collect, or to attempt to engage in this conduct. Falconers must report unintentional take of State listed species to the Department's endangered species program manager in addition to reporting the take of federally listed species to the Ecological Services Field Office for the location where the take occurred.

m) When flown free, a hybrid raptor must have attached at least 2 functioning radio transmitters to assist in locating the raptor.

History

• Source: Amended at 40 Ill. Reg. 3743, effective February 24, 2016

17 Ill. Adm. Code 1590.130 Violation of Rules

Any person who violates any provision of this Part shall be guilty of a petty offense.

History

• Source: Added at 10 Ill. Reg. 16627, effective September 24, 1986

17 Ill. Adm. Code 1590.APPENDIX A Migratory Bird Acquisition and Disposition Report (repealed)

History

• Source: Repealed at 38 Ill. Reg. 895, effective January 1, 2014

Subchapter e Law Enforcement

Part 2010 Boat and Snowmobile Registration and Safety

17 Ill. Adm. Code 2010.10 Introduction (repealed)

History

• Source: Repealed at 8 Ill. Reg. 7801, effective May 23, 1984

17 Ill. Adm. Code 2010.20 Form of Application Requirements for Boat Registration and Title

a) The application form provided by the Department for the use of individuals in applying for a certificate of registration and title (if never issued) shall include the following:

1. Name of owner;

2. Address of owner, including Zip Code;

3. Owner's Social Security Number and Date of Birth, along with one of the following:

A) Driver's License number; or

B) State issued photographic State Identification Card number;

4. State in which the watercraft will be principally operated;

5. Number previously issued by the registration authority of any state of the United States of America or a registration authority located in a foreign country;

6. Application type: Authorized terms are "new number", "renewal number", or "transfer of ownership";

7. Primary operational use: Authorized terms are "charter fishing", "commercial fishing", "commercial passenger carrying", "dealer or manufacturer demonstration", "other commercial operation", "pleasure", or "rent or lease";

8. Make, model, model year and length of the vessel;

9. Hull identification number, if any;

10. Vessel type: Authorized terms are "air boat", "Auxiliary sail", "cabin motorboat", "houseboat", "inflatable boat", "open motorboat", "paddlecraft", "personal watercraft", "pontoon boat", "rowboat", "sail only", or "other";

11. Hull material: Authorized terms are "aluminum", fiberglass", "plastic", "rubber/vinyl/canvas", "steel", "wood", or "other";

12. Engine drive type: Authorized terms are "inboard", "outboard", "pod drive", "sterndrive", or "other";

13. Fuel: Authorized terms are "electric", "diesel", "gas", or "other";

14. A copy of the certificate of origin, if any;

15. Name and address of any lienholder; and

16. Signature of owner.

b) The signature of the applicant authorizes the Department to lower the remittance in the event personal check is submitted for an incorrect fee.

c) For registrations processed through the Internet, the application form will also contain fields for the dealer to include:

1. Registration decal inventory number; and

2. Dealer ID number.

History

• Source: Amended at 45 Ill. Reg. 3499, effective March 4, 2021

17 Ill. Adm. Code 2010.21 Application Requirements on Motorized Vehicles Titled by the Illinois Secretary of State

a) Motorized vehicles that may be used on water that are titled by the Illinois Secretary of State will be accepted as titled by the Department and, as such, will not be required to be titled with the Department.

b) Such vehicles, if used on water, must be numbered in accordance with the Boat Registration and Safety Act.

History

• Source: Added at 22 Ill. Reg. 14759, effective August 3, 1998

17 Ill. Adm. Code 2010.22 Water Usage Stamp Application for Non-Powered Watercraft (repealed)

History

• Source: Repealed at 45 Ill. Reg. 3499, effective March 4, 2021

17 Ill. Adm. Code 2010.25 Form of Application for Snowmobile Registration

a) The application form provided by the Department for the use of individuals in certificate of registration shall include the following:

1. Name and address of owner

2. Date of birth of owner

3. Social Security Number of owner

4. Body and motor serial number

5. Current registration number (if any)

6. Manufacturer

7. Model year

8. Horsepower or c.c.

9. Snowmobile color (2)

10. Statement as to use

11. A copy of the bill of sale or certificate of origin

12. Signature of owner

b) The signature of the applicant authorizes the Department to lower the remittance in the event personal check is submitted for an incorrect fee.

History

• Source: Amended at 26 Ill. Reg. 8142, effective May 17, 2002

17 Ill. Adm. Code 2010.30 Numbering Pattern to Be Used for Boat Registration

a) The identification patterns issued pursuant to the Boat Registration and Safety Act shall be divided into three parts. The first part shall consist of the letters "IL". The second part shall consist of not more than 4 numerals. The third part shall consist of not more than 3 letters, except that the letters "I", "O" and "Q" shall not be used.

b) Each group of letters and numerals shall be separated by a hyphen or an equivalent space. As examples: IL-1234-AA or IL 1234 AA.

History

• Source: Amended at 21 Ill. Reg. 9028, effective June 26, 1997

17 Ill. Adm. Code 2010.35 Numbering Pattern to Be Used for Snowmobile Registration

a) The identification patterns issued pursuant to the Snowmobile Registration and Safety Act shall be divided into three parts. The first part shall consist of the letters "IL". The second part shall consist of not more than 4 numerals. The third part shall consist of not more than 3 letters, except that the letters "I", "O" and "Q" shall not be used.

b) Each group of letters and numerals shall be separated by a hyphen or an equivalent space. As examples: IL-1234-AAA or IL 1234 AAA.

c) Display of the registration number on the snowmobile is not required.

History

• Source: Amended at 21 Ill. Reg. 9028, effective June 26, 1997

17 Ill. Adm. Code 2010.40 Display of Number on Boats

a) The number shall be in block characters, not less than 3 inches in height, and of a color which shall contrast with the background and so maintained as to be clearly visible and legible; i.e. dark numbers on a light background, or light numbers on a dark background.

b) The numbers shall be painted on or attached to each side of the forward half of the vessel in such position as to provide clear eligibility for identification. The numbers shall be applied to read from left to right.

c) No number other than that issued under a certificate of registration shall be carried on the bow of any watercraft assigned an Illinois registration number.

History

• Source: Amended at 10 Ill. Reg. 9769, effective May 21, 1986

17 Ill. Adm. Code 2010.50 Change of Address (repealed)

History

• Source: Repealed at 8 Ill. Reg. 7801, effective May 23, 1984

17 Ill. Adm. Code 2010.60 Reports in Case of Accident

a) Whenever a boat is involved in a collision or accident causing injury or death to persons or property damage over $2000, or a snowmobile is involved in a collision or accident causing injury or death to persons or property damage over $750, a report must be made to the Department. All accidents that result in death or serious injury to any person shall be reported by the operator within 48 hours. All other accidents shall be reported within 5 days.

b) Every Boating Accident Report shall include the following:

1. The numbers and/or names of vessels involved;

2. The locality where the accident occurred;

3. The time and date when the accident occurred;

4. Weather and water conditions at time of accident;

5. The name, address, age, and boat operating experience of the operator of the reporting vessel;

6. The names and addresses of operators of other vessels involved;

7. The names and addresses of the owners of vessels or property involved;

8. The names and addresses of any person or persons injured or killed;

9. The nature and extent of injury to any person or persons;

10. A description of damage to property (including vessels) and estimated cost of repairs;

11. A description of the accident (including opinions as to the causes);

12. The length, propulsion, horsepower, fuel and construction of the reporting vessel;

13. Names and addresses of known witnesses; and

14. Information pertaining to the use or availability of life saving devices.

c) Every snowmobile accident report shall include the following:

1. The locality where the accident occurred;

2. The time and date of the accident;

3. Weather and snow conditions at time of accident;

4. Type of terrain;

5. The name, address, age, and operating experience of operator of the snowmobile;

6. The names and addresses of owners of the snowmobile involved;

7. The names and addresses of any person or persons injured or killed;

8. The nature and extent of injury to any person or persons;

9. A description of damage to property;

10. Nature of operation at time of accident;

11. A description of accident;

12. Operator's certificate number;

13. Names and addresses of know witnesses;

14. Description of snowmobiles;

15. Nature of assistance furnished;

16. Persons on snowmobile other than operator; and

17. Name and address of operator and registration of other vehicle involved.

d) Boat and snowmobile accidents shall be reported on forms provided by the Department. Accident report forms may be obtained from the Department by calling 217/782-6431 or writing to:

Department of Natural Resources

Division of Law Enforcement

One Natural Resources Way

Springfield IL 62702-1271

History

• Source: Amended at 45 Ill. Reg. 3499, effective March 4, 2021

17 Ill. Adm. Code 2010.70 Statutory Authority (repealed)

History

• Source: Repealed at 8 Ill. Reg. 7801, effective May 23, 1984

17 Ill. Adm. Code 2010.80 Renewals for Boat and Snowmobile Registration

a) Renewal fees for boats shall be as set out in Section 3-2 of the Boat Registration and Safety Act [625 ILCS 45].

b) Renewal fees for snowmobiles shall be as set out in Section 3-2 of the Snowmobile Registration and Safety Act [625 ILCS 40].

c) Persons wishing to renew three year registrations via the Internet or the 1-800 phone system:

1. Must:

A) Make the renewal through the Department's Internet Home Page (www.dnr.illinois.gov) or by phone at 1-800-382-1696.

B) Using the existing registration card, enter the IL registration number, hull identification number or body serial number, and 3 letters of the owner's last name registered for the craft/snowmobile.

C) Enter necessary address change information.

D) Make payment via electronic commerce (example: credit card).

2. May be charged a convenience fee by the contract service provider. The fee is established pursuant to the competitive bidding procedures of the Illinois Procurement Code [30 ILCS 500] to cover the cost of the transaction, including mailing and handling fees. Renewals may be accomplished by mailing the application to the Department. The applications shall be accompanied by a check or money order. No convenience fee charges are added for payment by check or money order. Mail-in renewals take 2-3 weeks processing time, plus delivery through the mail.

3. Will, at the conclusion of the transaction, immediately receive a transaction confirmation number or new Internet registration card. This affords the person the ability to then immediately pursue boating or snowmobile activities. Both the Internet and phone systems offer immediate registration verification for law enforcement.

History

• Source: Amended at 45 Ill. Reg. 3499, effective March 4, 2021

17 Ill. Adm. Code 2010.82 Trail Use Stickers

a) Non-resident owners or operators of snowmobiles that are not registered in Illinois must purchase a trail use sticker to operate the snowmobile in Illinois.

b) The fee for a trail use sticker shall be as set out in Section 3-12 of the Snowmobile Registration and Safety Act [625 ILCS 40/3-12]. The sticker, which can be purchased from the Department or authorized agents, must be displayed on the snowmobile. The sticker expires on June 30 of each registration year.

History

• Source: Added at 35 Ill. Reg. 10764, effective June 23, 2011

17 Ill. Adm. Code 2010.85 Mandatory Liability Insurance

Other than a person operating a snowmobile on his or her own property that is not a posted snowmobile trail, and other than a person operating a snowmobile on property other than a posted snowmobile trail in which the owner of the property has given his or her written or oral consent to the person to operate a snowmobile on the property, no person shall operate, register, or maintain registration of, and no owner shall permit another person to operate, register or maintain registration of, a snowmobile in this State unless the snowmobile is covered by a liability insurance policy [625 ILCS 40/3-13].

a) Minimum coverage amounts as set out in Section 7-203 of the Illinois Vehicle Code [625 ILCS 5/7-203] apply.

b) The policy must be issued in compliance with Sections 143a and 143a-2 of the Illinois Insurance Code [215 ILCS 5/143a and 143a-2] by an insurer authorized to do business in the State of Illinois.

c) Proof of insurance is required to be kept with the snowmobile at all times.

History

• Source: Added at 35 Ill. Reg. 10764, effective June 23, 2011

17 Ill. Adm. Code 2010.90 Authorized Dealers

a) Dealers who wish to become authorized to register boats via the Internet must:

1. Make a request in writing

2. Indicate the number of boats sold the previous year

3. Enter into a vendor contract with the Department

4. Provide a bond or surety in an amount and form satisfactory to the Department, based on the previous year's sales.

b) Dealers authorized by the Department to register watercraft or snowmobiles over the Internet will be issued inventory controllable registration decals to be issued to the watercraft or snowmobile owner at time of registration. Upon designated dates specified by the Department, these dealers will submit necessary reports and unissued decals to the Department. Failure on the part of the dealer to comply with the Boat Registration and Safety Act [625 ILCS 45], including this Part and the dealer agreement, shall be justification for the Department to cancel or withdraw the registration over the Internet ability and immediately collect the unissued registration decals.

c) Authorized dealers will be assigned appropriate security data for accessing the secured Internet application. Upon completing the registration application, the dealer will print out the completed application, obtain the necessary signatures on that document, and make 2 copies of the signed document. The originally signed copy of the application is to be submitted to the Department. One copy of the signed document is for the dealer's records and the other copy is for the customer. The dealer must also print out the registration card for the customer and add the registration number to the decals.

d) Authorized dealers may charge a convenience fee not to exceed $4.00 to cover the cost of the Internet transaction.

e) No authorized dealer shall be required to remit any monies for registration decals stolen by means of forcible entry into the premises where the decals were kept, or destroyed by fire of the premises where the decals were kept, if he or she submits a police or fire department report of the theft or fire, and a listing of the numbers of decals so stolen or destroyed.

History

• Source: Added at 21 Ill. Reg. 9028, effective June 26, 1997

17 Ill. Adm. Code 2010.95 Penalties for Convictions

a) Violation of the provisions of the Snowmobile Registration and Safety Act is a Class C misdemeanor, with the following exceptions:

1. Resisting or obstructing a Department officer or employee is a Class A misdemeanor (see 625 ILCS 40/10-1).

2. Operation of a snowmobile while operating privileges are suspended or revoked by the State of Illinois, another state, federal agency or province of Canada is a Class A misdemeanor (see 625 ILCS 40/10-3).

3. Operating a snowmobile while under the influence of alcohol or drugs (see 625 ILCS 40/5-7):

A) First offense: Class A misdemeanor.

B) Repeat offense, if injuries result from incident or if operating while privileges are suspended: Class 4 felony.

C) Death of person: Class 2 felony.

b) Violation of the provisions of the Boat Registration and Safety Act is a petty offense, with the following exceptions:

1. Violation of dealer transfer/titling requirements is a Class A misdemeanor (see 625 ILCS 45/3A-13 and A-14).

2. Altering, forging or counterfeiting a title is a Class 2 felony (see 625 ILCS 45/3A-21).

3. Careless operation of a watercraft is a Class B misdemeanor (see 625 ILCS45/5-1).

4. Reckless operation of a watercraft is a Class A misdemeanor (see 625 ILCS 45/5-2).

5. Aggravated reckless operation of a watercraft is a Class 4 felony (see 625 ILCS 11A-3).

6. Operation of a watercraft while operating privileges are suspended by the State of Illinois, another state, federal agency or province of Canada is a Class A misdemeanor for the first offense, and a Class 4 felony for subsequent offenses (see 625 ILCS 45/11A-5).

7. Operation of watercraft while under the influence of alcohol or drugs (see 625 ILCS 45/5-16):

A) First Offense: Class A misdemeanor.

B) Repeat offense, if injuries result from incident or if operating while privileges are suspended: Class 4 felony.

C) Death of person: Class 2 felony.

8. Resisting or obstructing a Department officer or employee or refusal to obey direction of a peace officer is a Class A misdemeanor (see 625 ILCS 45/2-4).

9. Offenses related to titling are Class A misdemeanors (see 625 ILCS 45/3A-20).

10. Failure to equip and maintain a motorboat with an effective muffler or underwater exhaust system is a Class B misdemeanor, and a subsequent offense occurring within three years after the most recent offense is a Class A misdemeanor (see 625 ILCS 45/4-3).

11. Operation of a motorboat in a manner exceeding a noise level of 75 decibels is a Class B misdemeanor, and a subsequent offense occurring within three years after the most recent offense is a Class A misdemeanor (see 625 ILCS 45/4-3).

12. Manufacture or sale of a motorboat without an effective muffler or underwater exhaust system and a noise level exceeding 75 decibels is a Class A misdemeanor, and a subsequent offense is a Class 4 felony (see 625 ILCS 45/4-3).

c) In addition to any other penalties imposed by the court system for violations of the Snowmobile Registration and Safety Act and the Boat Registration and Safety Act, the Department may suspend the operator's privileges. Pursuant to 17 Ill. Adm. Code 2530 (Revocation Procedures for Conservation Offences), the Department shall suspend an operator's privileges for a period of not less than one year and impose fees for reckless operation of a watercraft, leaving the scene of a watercraft accident, failure to yield to an emergency watercraft and operating a watercraft or snowmobile while under the influence (or refusal).

History

• Source: Added at 35 Ill. Reg. 10764, effective June 23, 2011

17 Ill. Adm. Code 2030.10 General Regulations

a) All waters designated as Restricted Boating Areas shall be posted in accordance with the United States Coast Guard's U.S. Aids to Navigation System, contained in 33 CFR 62, Subpart 62.1, except as provided in subsections (b) and (c).

b) The use of regulatory markers prescribed by the U.S. Aids to Navigation System shall be further restricted as follows:

1. When a sign is used as a marker, the sign shall be of square or rectangular shape. The sign shall be white, with an international orange border and an international orange geometric shape centered on the signboard.

2. The minimum size of any sign used as a marker shall be 24 inches on each side.

3. The minimum size of any buoy used as a marker shall be 9 inches in diameter.

4. The minimum size of any alpha or numeric characters used on any sign or buoy shall be 1 inch of height for every 50 feet of intended visibility, provided that in no case shall the height of the characters be less than 3 inches.

5. The minimum height of any geometric shape used on any sign or buoy shall be 12 inches.

6. The minimum band width of any border or geometric shape used on a sign or buoy shall be 2 inches.

History

• Source: Amended at 42 Ill. Reg. 13251, effective June 22, 2018

Chapter I Department of Natural Resources

Subchapter e Law Enforcement

Part 2030 Designation of Restricted Waters in the State of Illinois

17 Ill. Adm. Code 2030.15 Designation of Restricted Waters by the Department of Natural Resources

a) Areas will be considered for designation, modification or elimination as restricted when the request from outside the Department meets the following criteria:

1. Be accompanied by a minimum of 25 signatures of interested persons over the age of 18 who would be directly affected by the restrictions.

2. Contain a detailed description of the area proposed for restriction with appropriate maps and other supporting data.

b) All requests for the restricting of areas shall meet the following criteria:

1. Evidence indicates that a boating safety hazard presently exists; or

2. Evidence indicates a public safety concern exists relative to other water uses (e.g. swimming, skiing, etc.); or

3. Evidence indicates that a boating user conflict exists.

c) Consideration for protection of private property shall not be considered as appropriate criteria for restriction.

d) Procedures for processing requests:

1. All requests will be forwarded to the Department of Natural Resources, Office of Law Enforcement.

2. The Office of Law Enforcement will investigate and validity of the request in accordance with subsection (b) and forward a report and recommendation to the Director for action by the Department.

History

• Source: Amended at 19 Ill. Reg. 7549, effective May 26, 1995

17 Ill. Adm. Code 2030.20 Region I – Designated Restricted Boating Areas

a) The following portions of the Rock River are designated as Slow, No Wake areas:

1. An area of the Rock River located at Moonlite Bay, 4 miles east of Sterling and 6 miles west of Dixon, Illinois.

2. The portion of the Rock River ¼ mile above the dam at Oregon, Illinois, at the docking area at Lowden Memorial Park.

3. The portion of the Rock River at Martin Park in Loves Park from 200 feet upstream of the boat launches to 200 feet downstream of the boat launches, and for 150 feet from the Martin Park Shoreline from 200 feet downstream of the boat launches to 400 feet downstream of the boat launches.

4. The portion of the Rock River (river right) at approximately mile 144.5 in Machesney Park, Winnebago County, beginning at the mouth of an artificial canal leading into the River Key Subdivision and continuing throughout the inner canal system found there.

b) The following portions of the Fox River are designated as Slow, No Wake areas:

The portion of the Fox River between the Main Street bridge of the City of Ottawa and the mouth of the Fox River at the confluence of the Illinois River.

c) The following portions of the Illinois River are designated as Slow, No Wake areas:

1. The portion of the Illinois River from the Burlington Northern R.R. bridge in the City of Ottawa to the upstream side of the mouth of the Fox River.

2. The area of the Illinois River near the Spring Bay boat harbor at Spring Bay, Illinois.

3. An area of the Illinois River at the Woodford County Conservation area, 7 miles north of Spring Bay off Route 87.

4. An area of the Illinois River located at the Detweiller Marina, Peoria, Illinois.

5. An area of the Illinois River from the southernmost edge of the Downtown Riverfront Marina to the Murray Baker Bridge, Peoria, Illinois.

6. An area of the Illinois River at Alfrisco Harbor, Peoria Heights, Illinois.

7. An area located at the Sobowski Marina, Peoria Heights, Illinois.

8. An area located at the Illinois Valley Yacht Club, Peoria Heights, Illinois.

9. An area at Henry, Illinois, on the west side of the River from Browns Landing to 300 yards north of the bridge.

10. The Lacon Boat Club Dock, Lacon, Illinois.

11. The boat harbor at Lacon, Illinois.

12. An area at the South Shore Boat Club, Peru, Illinois.

13. The harbor of Starved Rock Marina, Ottawa, Illinois.

14. The waters of the Illinois River beginning in front of the Pekin Boat Club launching ramp.

d) The following portions of the Mississippi River are designated as Slow, No Wake areas:

1. An area bordering the Savanna Park waterfront, extending from a jetty south of the Ritchie Boat Dock, north to a jetty north of the Kindell Marina.

2. An area in Vaely Chute which runs through the Andalusia Islands located 4 miles west of Andalusia.

3. An area at the launching ramp and harbor of the Rock Island Boat Club located at the foot of 18th Avenue in Rock Island.

4. An area at the harbor and boat ramp in front of the Legion Hall at Cordova, Illinois.

5. An area located at the boat ramps, City of Moline, between 26th Street and 34th Street and River Drive.

6. An area near the launching ramps and bathing beach at Keithsburg, Illinois.

7. An area in the chute connecting Sturgeon Bay and the Mississippi River at New Boston, Illinois.

8. An area near the boat ramp and floating gas station at the end of Route 17 at New Boston.

9. An area at Shokohon, Illinois.

10. An area in the fish preserve lock and dam 19 at Hamilton, Illinois.

11. The public launching area 3 miles north above the dam at Hamilton.

12. The waters of Harris Slough Mississippi River backwaters at the Galena Boat Club, 3 miles south of Galena, Illinois.

13. The waters encompassing the cut starting at the mouth of the cut on Deadman's Slough, then northward approximately 250 feet to the confluence of the Harris and Keohough Sloughs.

14. The backwater section of the Mississippi River (river mile marker 479.8) that starts at the Harbor opening of Potter's Lake, Sunset Park, Rock Island and covers the entire lake area.

15. The area of Cattail Slough off the Mississippi River, located south of Fulton, Whiteside County, .7 mile in length, 150 yards wide, starting on the north at the Chicago and Northwestern R.R. bridge and extending south .7 mile to the first narrows.

16. The waters of the south entrance to Chandler Slough lying upstream from the north boundary of the U.S. Fish and Wildlife Service property up to and including the Bent Prop Marina harbor area.

17. The waters of Frentress Lake lying upstream from the boat ramp at Charlies Boat Dock, including the adjacent sand pit harbor area.

18. An area of the Mississippi River in the vicinity of the Lazy River Marina at Savanna, Illinois, extending from the upper limit of the dredge cut at Miller's Lake to a point north of the Miller's Hollow public launching ramp.

19. An area located approximately at Mississippi River mile 536.6 known as Savanna Slough from the Soo Line railroad bridge north to the north point of the Savanna Park District island as posted by signs or buoys.

e) The following waters shall be designated as restricted waters as described below:

1. NO BOATS

A) The swimming area at Albany Beach located in Albany Township.

B) The swimming area at the Santa Fe Island bar, approximately 4 miles north of Savanna.

C) The head of Big Island and 1½ miles north of Oquawka, Illinois.

D) The Boy Scout Camp located on Lake Cooper, Mississippi River.

E) The waters of the four chutes of Argyle Lake, approximately 2 miles north of Colchester, Illinois.

F) The water 600 feet above and 150 feet below dams 12, 13, 14, 15, 16, 17 and 18 on the Mississippi River.

2. NO SKI – It shall be unlawful to water ski in the following designated waters:

That area of the inside cut of the Mississippi River, opening directly into Frentrees Lake, includes the area from the north to the south entrances from the river slough, inclusive, east of Mile Post 576.

f) The following portion of the Vermilion River is designated as NO ENTRY:

An area 180 feet (on river left) to 150 feet (on river right) upstream and 45 feet downstream of the Cement Plant Dam except for the 20 feet of river adjacent to the right bank. The Cement Plant Dam is located approximately 6 miles downstream from the Highway 178 bridge and 4.75 miles upstream from the confluence with the Illinois River.

History

• Source: Amended at 36 Ill. Reg. 5565, effective March 22, 2012

17 Ill. Adm. Code 2030.30 Region Ii – Designated Restricted Boating Areas

a) The following portions of the Calumet and Little Calumet Rivers are designated as Slow, No Wake areas:

1. An area from the O'Brien Locks to the Michigan Central Railroad Bridge (approximately mile 326.5 to 325.3).

2. An area around the Pier 11 Marina and the Lake Calumet Boat and Gun Club (approximately mile 323.2 to 323.1).

3. An area around the Maryland Manor Boat Club, Skipper's Marina, and Rentner Marina (approximately mile 323.0 to 322.5).

4. An Area around Triplex Marina (approximately mile 319.9 to 319.8).

b) The following portions of the Des Plaines River are designated as Slow, No Wake areas:

1. An area around the Bay Hill Marina, Wilmington, Illinois (approximately mile 273.7), extending 150 feet out into the river and 300 feet both upstream and downstream from the center of the Marina.

2. An area around the Three Rivers Yacht Club, Wilmington, Illinois (approximately mile 273.7), extending 150 feet from the harbor entrance.

3. An area around Harborside Marina, Wilmington, Illinois (approximately mile 273.8), extending 500 feet both upstream and downstream of the Marina.

c) The following portion of the Fox River is designated as a Slow, No Wake area:

An area within 150 feet upstream and downstream of the I-90 bridge.

d) The following portions of Lake Michigan are designated as No Boat areas:

1. An area at North Point Marina, located off the northern breakwater, running the length of the beach parallel to the shoreline and 100 yards out into the lake.

2. An area at Illinois Beach State Park, located between the park office and the #3 bathhouse, running parallel to the shoreline and 70 yards out into the lake.

e) It shall be unlawful to operate any watercraft with a motor larger than 10 horsepower on the waters of Griswold Lake in McHenry County.

f) The following portions of the Kankakee River shall be designated as Slow, No Wake areas:

1. An area 100 yards upstream and 100 yards downstream from the River Isle hairpin curve that is approximately midway between Momence, Illinois and the Indiana border.

2. An area 100 yards upstream and 100 yards downstream of the hairpin curve created by the east side of Rudecki Island, which is approximately one mile west of River Isle.

g) Fox River-Chain O'Lakes (Lake and McHenry Counties)

1. User Permit Sticker regulations of the Fox Waterway Agency are in full force and effect on those public waters under the Agency's jurisdiction. Failure to comply with those regulations constitutes a violation of this Section.

2. Night Speed Limit regulations of the Fox Waterway Agency are in full force and effect on those public waters under the Agency's jurisdiction. Failure to comply with those regulations constitutes a violation of this Section.

History

• Source: Amended at 37 Ill. Reg. 11366, effective July 5, 2013

17 Ill. Adm. Code 2030.40 Region Iii – Designated Restricted Boating Areas

The following areas are designated as Slow, No Wake areas:

a) Posted areas of Lake Decatur, Decatur, Illinois.

b) Posted areas of East and West Lakes, north of Paris, Illinois.

c) Posted areas of Lake Vermilion, Danville, Illinois.

d) Posted areas of Waterworks Lake, Little Vermilion River, Georgetown, Illinois.

e) Posted areas of Lake Shelbyville.

f) Posted areas of Lake Mattoon in Cumberland, Coles and Shelby Counties.

g) Posted areas of Charleston Side Channel Lake, Charleston, Illinois.

h) Posted areas of Mill Creek Lake, Clark County Park District, Clarksville, Illinois.

i) Posted areas of Clinton Lake, Clinton, Illinois.

History

• Source: Amended at 19 Ill. Reg. 7549, effective May 26, 1995

17 Ill. Adm. Code 2030.50 Region Iv – Designated Restricted Boating Areas

a) The following portions of the Illinois River are designated as Slow, No Wake areas:

1. The designated area in the vicinity of the boat launching ramp at Havana, Illinois.

2. The mouth of Patterson Bay.

3. The waters of Bath Chute at head of Island, at the foot of Island, above the town of Bath, Illinois, and below the town of Bath, Illinois.

4. Designated areas of Silver Lake in Calhoun County.

5. Near Grafton, Illinois, an area at the confluence of the Illinois and Mississippi Rivers starting at the old water treatment plant and extending 150 feet out from the shoreline continuing upstream to Shaffer's Wharf.

b) The following portion of the Mississippi River is designated as No Boats:

The water 600 feet above and 150 feet below dams 19, 20, 21 and 22 on the Mississippi River.

c) The following portions of Quincy Bay in Adams County are designated as Slow, No Wake Areas:

1. Designated area at the entrance to Broad Lake.

2. Designated area at the "River Channel Cut-Through."

3. Designated area at Quincy Bay Harbor.

d) Piasa Creek in Jersey County from its mouth at the Mississippi River upstream to Illinois Route 100 bridge.

e) Otter Creek in Jersey County from its mouth at the Illinois River upstream to Illinois Route 100 bridge.

f) The following portions of Sangchris Lake in Christian County are designated as No Boat areas:

1. The power plant intake arm beyond the buoy line.

2. The power plant discharge arm beyond the buoy line.

3. The designated South Waterfowl Refuge or Rest Area.

4. The designated North Waterfowl Refuge or Rest Area.

g) Macoupin Creek from its mouth at the Illinois River upstream to Reddish Ford bridge.

h) The following portions of Coffeen Lake in Montgomery County are designated as No Boats and No Fishing areas:

1. The power plant intake arm beyond the buoy line.

2. The power plant discharge arm beyond the buoy line.

3. The buoyed area of the spillway.

i) The following portions of the Kaskaskia River are designated as Slow, No Wake Areas:

1. All backwaters and/or side channels below Fayetteville, Illinois.

2. All waters between the Illinois Route 3 Bridge and the Northern boundary of the public boat ramp in Evansville, Illinois.

3. All waters between the ICG Railroad Bridge and the entrance to the public boat launching ramp known as "Baldwin Ramp."

4. River Mile 24 to 25.

5. 100 yards upstream and 100 yards downstream from the Kaskaskia River Lock and Dam.

6. 100 yards upstream and 100 yards downstream from the New Athens boat launching ramp.

j) The following portion of the Mississippi River is designated as a Slow, No Wake area:

An area 6½ miles north of Hamilton, Illinois.

k) Those portions of Carlyle Lake, as posted, are designated No Entry, No Boats, No Fishing, or otherwise restricted areas.

History

• Source: Amended at 36 Ill. Reg. 5565, effective March 22, 2012

17 Ill. Adm. Code 2030.60 Region V – Designated Restricted Boating Areas

On the waters of Lake Kinkaid in Jackson County, a speed limit of 50 MPH shall be imposed during the period of one-half hour before sunrise and one-half hour after sunset and a speed limit of 25 MPH from one-half hour after sunset to one-half hour before sunrise.

History

• Source: Former Section 2030.60 repealed at 19 Ill. Reg. 7549, effective May 26, 1995; new Section added at 27 Ill. Reg. 8871, effective May 19, 2003

17 Ill. Adm. Code 2030.70 Riverboat Gambling Casinos – Designated Restricted Boating Areas

It shall be unlawful to operate any watercraft at greater than a No Wake speed within 150 feet of any moored, licensed Riverboat Gambling Casino on the waters of this State.

History

• Source: Added at 19 Ill. Reg. 7549, effective May 26, 1995

17 Ill. Adm. Code 2030.80 Hazardous Navigation Conditions – Designated Restricted Boating Areas

In the event that the Department of Natural Resources determines the presence of conditions that make navigation of a body of water significantly dangerous to the public, the Director of the Department of Natural Resources may, in coordination with the federal government, designate Restricted Boating Areas on any affected body of water within the jurisdiction of the State of Illinois. This designation shall be made by public announcement in local media and by posting at local public boat launches and marinas, and the restricted area shall be physically marked by buoys, signs, manned watercraft or yellow police tape. This designation will remain in effect until the Director of the Department of Natural Resources determines that navigation is no longer significantly dangerous to the public, but in no case shall the designation remain in effect longer than 90 days. Rescission of the Restricted Boating Area designation shall be publicly announced in local media and posted at local public boat launches and marinas and any markings shall be removed.

History

• Source: Added at 29 Ill. Reg. 15550, effective September 27, 2005

Part 2050 Conservation Police Officer Professional Standards

17 Ill. Adm. Code 2050.10 General Standards

Prior to being hired by the Illinois Department of Natural Resources for a sworn law enforcement position that has arrest authority, applicants must meet the minimum professional standards contained in the Civil Administrative Code of Illinois [20 ILCS 805/805-535] and this Part.

History

• Source: Amended at 35 Ill. Reg. 10774, effective June 23, 2011

17 Ill. Adm. Code 2050.20 Discipline/Related Areas of Study

Specific areas of study are not required by statute; however, major course work in directly related areas of study is preferred. Disciplines that qualify as directly related areas of study include:

a) Conservation Law Enforcement

b) Administration of Justice

c) Corrections and Law Enforcement

d) Social Justice

e) Biology

f) Zoology

g) Botany

h) Ecology

i) Forestry

j) Environmental Sciences

k) Natural Resource Management

l) Recreation

m) Safety

n) Other similar areas of study

History

• Source: Amended at 47 Ill. Reg. 10608, effective June 30, 2023

17 Ill. Adm. Code 2050.30 Pre-Employment Testing

To be considered for employment, applicants shall:

a) meet the minimum standards of the Peace Officer Wellness Evaluation Report (POWER Test) as set forth by the Illinois Law Enforcement Training and Standards Board and administered by the Office of Law Enforcement's Training Section:

1. Sit and Reach Test – measure of flexibility of the lower back and upper leg area;

2. 1 Minute Sit-Up Test – measure of the muscular endurance of the abdominal muscles;

3. 1 Repetition Maximum Bench Press – measure of upper body strength; and

4. 1.5 Mile Run – measure of the heart and vascular system's capability to transport oxygen;

b) complete a swimming competency test, without the use of swimming aids, administered by the Office of Law Enforcement's Training Section, demonstrating the ability to:

1. swim 150 yards continuously without stopping or touching the bottom;

2. continuously tread water for 2 minutes without touching the bottom or sides of the pool;

3. retrieve an object of contrasting color weighing 5 pounds from a minimum 7 foot depth and deliver the weight to the side of the pool keeping both hands on the weight at all times; and

4. exit the pool water without the use of ladder or steps;

c) participate in an oral interview conducted by personnel from the Office of Law Enforcement and the Office of Human Resources who have completed CMS Interviewer Certification Training;

d) submit to a background investigation, including providing references, a signed waiver of release of personal information and credit reports, college transcripts and past military or employment records;

e) submit to psychological testing and interviewing; and

f) submit to medical screening.

History

• Source: Amended at 47 Ill. Reg. 10608, effective June 30, 2023

17 Ill. Adm. Code 2050.40 Police Training and Certification

Any person hired must, within one year after hire:

a) successfully obtain certification as a police officer pursuant to the Illinois Police Training Act; and

b) successfully complete the Conservation Police Academy training program, consisting of not less than 400 hours of training. [20 ILCS 805/805-535]

History

• Source: Amended at 47 Ill. Reg. 10608, effective June 30, 2023

Part 2070 Capacity Plates Standards on Various Watercraft

17 Ill. Adm. Code 2070.10 Purpose

This Part prescribes the methods approved by the Department of Natural Resources for determining the weight-carrying capacity of every vessel subject to the provisions of Section 5-4 and Section 7-3 of the Boat Registration and Safety Act [625 ILCS 45/5-4 and 7-3] and the method for determining the maximum horsepower of outboard motors for all vessels designed or represented by the manufacturer as being suitable for use with outboard motor.

History

• Source: Amended at 27 Ill. Reg. 10053, effective June 23, 2003

17 Ill. Adm. Code 2070.20 Standards – Safe Loading

The Illinois Department of Natural Resources adopts the standards contained in 33 CFR 183, Subpart C, effective June 29, 1999 (no incorporation in this Part includes later amendments or editions, as its minimum standards for the safe loading testing procedure.

History

• Source: Amended at 27 Ill. Reg. 10053, effective June 23, 2003

17 Ill. Adm. Code 2070.30 Standards – Safe Powering

The Illinois Department of Natural Resources adopts the standards contained in 33 CFR 183, Subpart D, effective October 23, 1986 (no incorporation in this Part includes later amendments or editions), as its minimum standards for the safe powering test procedure.

History

• Source: Amended at 27 Ill. Reg. 10053, effective June 23, 2003

Chapter I Department of Natural Resources

Subchapter e Law Enforcement

Part 2080 Operation of Watercraft Carrying Passengers for Hire on Illinois Waters

17 Ill. Adm. Code 2080.10 Introduction

The State of Illinois, Department of Natural Resources, hereby announces the rules and regulations supplementing the provisions of the Boat Registration and Safety Act of 1959 [625 ILCS 45].

17 Ill. Adm. Code 2080.20 Definitions

Department – the Department of Natural Resources.

Dockside Inspection – an examination of a watercraft in the water so that all equipment and systems may be inspected.

Dry Dock Inspection – an examination of a watercraft out of the water and supported so all the exterior and interior of the watercraft may be examined.

General Maintenance – dry docking or hauling out of a watercraft for painting or cleaning the hull and rudder, or the changing of a propeller shaft and associated bearings.

Good Marine Practice and Standards – those methods and ways of maintaining, operating, equipping, repairing and restructuring watercraft as determined by the marine inspector. The marine inspector shall use commonly accepted standards, including 46 CFR Subchapters T, K and H, the standards of the American Boat and Yacht Council, the standards of the American Bureau of Shipping, and other appropriate generally accepted standards as sources of reference.

Independent Certifier – any person who, through his background, experience, or training, is qualified to inspect a vessel for equipment carriage requirements as set forth in this Part, and certify compliance to the Department. Such person may include, but not be limited to, a marine inspector as defined in this Part, or a qualified member of the U.S. Coast Guard Auxiliary, but may not include the owner, anyone related to the owner, or any employee of the vessel being inspected.

Inland Waters – all waters of the State, except navigable waters.

Marine Inspector – a marine surveyor with at least five years experience, or a professional engineer licensed by the Illinois Department of Professional Regulation.

Merchant Mariner Credential – a credential issued by the U.S. Coast Guard under 46 CFR 10.

Navigable Waters – those waters of the State over which the State of Illinois and the U.S. Coast Guard exercise joint jurisdiction, including Lake Michigan, to the upstream limit of navigation as determined by the United States Department of the Army, Corps of Engineers.

Open Boat – a watercraft, either with or without engines or motors, which has its engine, fuel tank compartments, and other spaces, except weather enclosures, open to the atmosphere and arranged to prevent or preclude the entrapment of explosive and flammable gases and vapors within the watercraft.

Owner – a person who claims lawful possession of a watercraft by virtue of legal title or equitable interest therein which entitles him or her to possession. "Owner" also means a person acting on the behalf of the owner in all matters concerning the watercraft.

"Personal Flotation Device" or "PFD" means a device that is approved by the Commandant, U.S. Coast Guard, under 46 CFR 160.

State Boating Law Administrator – the Department of Natural Resources law enforcement officer assigned to administer boating statutes and rules for boating safety.

Suitable – the marine inspector has determined an item is in keeping with good marine practice and standards.

History

• Source: Amended at 45 Ill. Reg. 8394, effective June 23, 2021

17 Ill. Adm. Code 2080.30 Applicability

This Part shall apply to all watercraft, as defined in the Act, carrying passengers for hire on waters of this State.

History

• Source: Amended at 45 Ill. Reg. 8394, effective June 23, 2021

17 Ill. Adm. Code 2080.40 Dry Dock Inspection

a) Inspection Procedures for Watercraft Carrying More Than Six Passengers For Hire, as defined by the U.S. Coast Guard in 46 CFR Subchapters T, K, and H.

1. Before carrying passengers for hire, a watercraft shall successfully complete a dry dock inspection conducted by a marine inspector. The Department shall subsequently require successful completion of a dry dock inspection every 5 years.

2. Before an inspection, the owner of a watercraft shall remove or effectively store all associated equipment, including fishing gear, coolers, and personal belongings onboard the watercraft, which could impede the inspection process.

3. The owner of a watercraft shall open or remove all hatches and inspection ports before or during an inspection and shall have the watercraft in a reasonably clean and orderly condition.

4. To determine that a watercraft is seaworthy and in good and serviceable condition, the owner of a vessel shall permit the marine inspector to inspect the entire interior and exterior of the vessel, including all components, machinery, and associated equipment.

5. When the marine inspector has reasonable cause to believe that the seaworthiness or the sound structure of the watercraft may be impaired, the owner of the watercraft may be required to remove sections or portions of the lining, decking, ceiling, or other obstructions that may obscure any part of the watercraft so that the seaworthiness or sound structure may be determined.

6. Current U.S. Coast Guard inspection documentation that complies with this subsection (a) that was completed within 5 years from the date of application to the Department may be submitted in substitution of a private marine inspection report.

b) Watercraft Passenger Capacity; Determination

1. On watercraft that do not have or are not required to have a watercraft capacity plate, the maximum passenger capacity shall be determined by applying any one of the following criteria which result in the allowance of the greatest number of passengers.

A) One passenger per 30 inches of rail space available to passengers at the watercraft's sides and across the transom.

B) One passenger per 10 square feet of deck area available for passenger use. In computing the deck area, the areas occupied by concession stands, toilets and washrooms, companionways, and stairways shall be excluded.

C) One passenger per 18 inches of width of fixed seating provided.

2. Except as provided in subsection (b)(3), on vessels that have or are required to have vessel capacity plates, the passenger capacity shall be determined by applying either of the following criteria which result in the allowance of the greatest number of persons without exceeding the capacity plate maximums.

A) (Weight capacity - maximum motor and gear weight) / 150 = number of passengers.

B) (Boat length X boat beam) / 15 = number of passengers.

3. The marine inspector shall calculate the number of passengers which may safely be transported on watercraft carrying passengers for hire. For watercraft that have 2 or more passenger decks above the waterline, the marine inspector shall follow the vessel stability criteria contained in 46 CFR Subchapter S (1999; no later amendments or editions included) in determining the number of passengers allowable on each deck of the watercraft. The number shall be set forth on the certificate of inspection.

c) Vessel damage, repairs, and alterations; reports; repair and alteration standards; modification of corrections and repairs; determination of unsafe vessel; modification and inspection exception.

1. When a vessel is involved in an accident causing major physical damage, has structural damage, or is to be hauled out and dry docked to carry out major repairs or alterations affecting the vessel's seaworthiness, the owner of the vessel shall immediately report to a marine inspector the nature of the damage, repairs, or alterations. Physical damage does not include breakage of glass, lights, or decorative items.

2. All repairs and alterations shall be done in accordance with good marine practice and standards and approved by a marine inspector before the work is started. Drawings, sketches, or written specifications may be required by the marine inspector depending on the nature and extent of the repairs or alterations.

3. The owner of a vessel shall not allow the vessel to be returned to service or returned to the water until all repairs or alterations have been completed and the vessel has been reinspected and approved by a marine inspector. A marine inspector shall reinspect the watercraft as soon as possible after notification by the owner that the repairs and alterations have been completed.

4. When corrections or repairs to the watercraft or associated equipment are required as a result of an inspection by a marine inspector, the owner of the vessel shall notify the marine inspector when the corrections or repairs have been made.

5. When during the course of an inspection, the marine inspector finds equipment or conditions which are not addressed in this Part and which are unsafe or jeopardize the safety of the passengers carried onboard, the marine inspector shall require the condition be corrected or the equipment removed from the watercraft.

6. When it is determined by the marine inspector that a watercraft, because of its construction or design, or both, is not safe to carry passengers for hire, a certificate of inspection shall not be issued. The owner, if not satisfied with the decision of the Department, may seek relief by requesting a formal hearing as authorized by 17 Ill. Adm. Code 2530.

7. Notification and inspection shall not be required for general maintenance dry docking or hauling out.

d) Inspection Exemptions

1. Watercraft carrying not more than six passengers for hire, as defined by the U.S. Coast Guard in 46 CFR Subchapters T, K, and H, shall not be required to be inspected under the provisions of this Section.

2. Watercraft registered in another state which have been inspected under similar provisions in that state shall not be required to be inspected under the provisions of this Section.

History

• Source: Amended at 45 Ill. Reg. 8394, effective June 23, 2021

17 Ill. Adm. Code 2080.50 Dockside Inspection

a) Annual Inspection

All watercraft subject to this Part shall be inspected annually under the provisions of this Section, except as provided in Section 2080.40 of this Part. This inspection may be completed by submitting a successful U.S. Coast Guard dockside inspection form from the preceding 12 months to the Department.

b) Inspection Procedures for Watercraft Carrying More Than Six Passengers For Hire, as defined by the U.S. Coast Guard in 46 CFR Subchapters T, K, and H.

The owner of a vessel shall, at the dockside inspection, submit his vessel for inspection by a marine inspector and shall operate or cause to be operated all equipment and systems to the extent necessary to determine that the vessel is being maintained and operated in accordance with good marine practices and standards, and the condition of the vessel structure, equipment and systems are satisfactory for safe and constant operation.

c) Main Engine Gauges - Inboard or Inboard/Outboard

1. On vessels designed for inboard or inboard/outboard (sterndrive) main engines, both of the following gauges shall be present.

A) A gauge to indicate main engine cooling water temperature for each main engine. A gauge shall be readable from each helm position.

B) A gauge to indicate main engine lubrication oil pressure for each main engine. A gauge shall be readable from each helm position.

2. All gauges installed on a vessel shall be in good and serviceable condition.

d) Personal Flotation Devices

1. At least one U.S. Coast Guard approved, wearable type personal flotation device of a proper size for each person, including the crew, shall be provided and carried onboard. Each device shall be inspected at the dockside inspection.

2. Each wearable type personal flotation device carried aboard the vessel shall have affixed to it, in a suitable manner, 200 square centimeters (31.5 sq. in.) of U.S. Coast Guard approved retro-reflective material to the outside front of each device and 200 square centimeters (31.5 sq. in.) to the outside back of each device.

3. Personal flotation devices shall be carried in suitable locations which are readily accessible to the passengers onboard. The locations shall be designed to allow the devices carried to float free when practical.

4. When personal flotation devices are carried so that they are readily accessible, but not readily visible to the passengers, the container shall be marked "LIFE PRESERVERS" and the number of devices contained therein shall be listed. The letters and numbers shall be at least 1 inch high and shall be a color contrasting to the color of the container. The container shall also indicate the size of the devices contained therein. Differing sizes shall be separately stored.

5. On documented watercraft, all required personal flotation devices shall be marked with the vessel's name in characters at least 1 inch high in a color contrasting to the color of the device.

6. On undocumented watercraft, all required personal flotation devices shall be marked with the watercraft's registration number in characters at least 1 inch high in a color contrasting to the color of the device.

7. Aboard each watercraft shall be a Type IV personal flotation device, which shall comply with all of the following requirements:

A) Be readily accessible in a suitable location.

B) Have attached not less than 50 feet of line.

C) Be marked as required by subsections (d)(5) and (d)(6) of this Section.

8. When the inspector determines that any personal flotation device required to be carried on board a vessel is not in good and serviceable condition, the owner of the vessel shall permit the marine inspector to note, in writing, on the personal flotation device that the device is no longer serviceable. The owner of the vessel shall replace the non-serviceable devices immediately and such defective devices shall be replaced prior to further use of the vessel.

e) Fire Fighting Equipment

1. A vessel shall be equipped with a U.S. Coast Guard approved portable fire extinguisher which shall be located accessible to helmsman's position.

2. All fire extinguishers shall be examined monthly to make certain that they have not been tampered with and have not suffered corrosion or damage.

3. All foam extinguishers shall be discharged, cleaned, and inspected for mechanical defects or serious corrosion and recharged annually.

4. All dry chemical extinguishers shall be kept full with the specified weight of chemical at all times. The cartridge shall be reweighed annually. It shall be recharged if the cartridge is found to weigh less than the minimum weight stamped thereon, or when the pressure is below prescribed operating limits.

5. All carbon dioxide extinguishers shall be reweighed annually, and a cylinder found lighter than the weight indicated on the name plate shall be recharged.

6. Maintenance required in subsections (d)(2) through (5) of this Section shall be performed by a qualified firefighting equipment repair service.

f) First Aid Kit and Emergency Procedures List

1. A minimum of one first aid kit containing at least 16 units shall be provided and maintained onboard the watercraft.

2. An emergency procedures list shall be posted aboard the vessel in a conspicuous location. The list shall set forth, at a minimum, all of the following informational items:

A) Radio Procedure (if a marine radio is required under subsection (i))

i) Switch to Channel 16;

ii) Call the U.S. Coast Guard;

iii) Give boat name, registration number, radio call sign;

iv) Identify the boat size, description, and color;

v) Give your location or compass heading to a known point; and

vi) Describe the emergency.

B) Leaks or Damage Control

i) Put on life jackets (PFD), open deck hatches, look for leaks;

ii) Start bilge pump, get manual pumps or buckets;

iii) Shut off engine only if leak may be from engine hoses;

iv) If hull is damaged and engine is inboard (not stern drive), shut off engine, close sea cock, disconnect intake water hose, place end in bilge, restart engine to act as bilge pump.

C) Fire or Explosion

i) Be ready to go overboard with personal flotation device (life jacket);

ii) Reduce air to fire area - leave hatches closed, close doors, shut off electric supply;

iii) Use extinguisher, if possible;

iv) Jettison burning material, if possible;

v) Use radio procedure above, calling "MAYDAY, MAYDAY, MAYDAY";

vi) Prepare to abandon ship, get signal flares or flags, throw flotation material overboard;

vii) If you abandon ship, stay together, use distress signals when help is in sight, gather additional flotation material around you.

D) Man Overboard

i) Shout "MAN OVERBOARD" - continuously watch person in the water, point direction so skipper can maneuver to retrieve;

ii) Stop engine (propeller rotation) if person overboard is near the boat;

iii) Throw life ring, seat cushion, or marker light in the area of the person;

iv) Do not jump into the water to assist.

g) Visual Distress Signals

1. A vessel which operates on navigable waters of this State, Carlyle Lake, Lake Shelbyville, or Rend Lake shall have onboard the appropriate number and type of U.S. Coast Guard approved visual distress signals as are required for that vessel if it were operated on Lake Michigan.

2. All pyrotechnic aerial red flares and pyrotechnic hand-held or floating orange smoke shall be U.S. Coast Guard approved and shall not have passed the expiration date printed on the device.

3. A person shall not display a visual distress signal on the waters of the State, except in an emergency.

4. A vessel shall have onboard at least one portable battery-operated light (flashlight), powered by D-cells or larger size batteries, which is in good and serviceable condition and readily accessible.

h) Cooking and Heating Appliances

1. Cooking appliances aboard a watercraft shall be operated only by the owner, the operator, or a crew member.

2. Cooking and heating appliances, when present on a watercraft, shall be of a type commonly manufactured for use aboard watercraft.

3. Cooking and heating appliances, when present on a watercraft, shall be installed in adequately ventilated areas and shall be secured to the vessel.

i) Marine Radio and Compass

1. A vessel which operates on the navigable waters of this State shall have onboard a marine band radio which is in good working condition.

2. A vessel which operates on the navigable waters of this State shall have onboard a suitable marine-type compass which is in good and serviceable condition.

j) Toilet and Sanitary Facilities

1. All watercraft, except open boats and watercraft where suitable privacy enclosures are not practical, shall be equipped with one marine toilet. The toilet shall be connected to a permanently installed holding tank, which allows for dockside pumpout at approved sanitary disposal facilities.

2. The use of Y valves or other means which would allow for overboard discharge directly or indirectly into the waters of the State is prohibited.

3. Marine toilets shall be maintained in a serviceable and sanitary condition.

k) Anchor and Anchor Line

1. A vessel shall be equipped with one anchor of a suitable size and type, and an appropriate length of suitable anchor line which is readily available onboard the vessel, except that a vessel operating on the waters of Lake Michigan shall be equipped with not less than 150 feet of suitable anchor line.

2. Any line, when attached to the required anchor, shall be attached by eyesplice, thimble, and shackle.

l) Inspection Procedures for Watercraft Carrying Not More Than Six Passengers, as defined by the U.S. Coast Guard

The owner of a vessel shall, at the dockside inspection, submit his vessel for inspection by an independent certifier and shall operate or cause to be operated all equipment and systems to the extent necessary to determine that the vessel is in compliance with subsections (d) through (k).

m) Inspection Exemption

Watercraft registered in another state which have been inspected under similar provisions in that state shall not be required to be inspected under the provisions of this Section.

History

• Source: Amended at 45 Ill. Reg. 8394, effective June 23, 2021

17 Ill. Adm. Code 2080.60 Licensing Requirements

a) Navigable Waters (U.S. Coast Guard License)

1. All persons operating watercraft carrying passengers on the navigable waters of this State shall have a license issued to them by the U.S. Coast Guard authorizing the operation of navigation of vessels carrying passengers for hire, under the provisions of 46 CFR subchapters H, K, and T.

2. Licensed operators shall be authorized to operate only vessels designated by the license, and only on bodies of water so designated on the license. All qualified operators shall be listed on the license issued by the Department. No one may operate the vessel carrying passengers unless they are listed as a qualified operator on the license.

3. The license shall be kept in full force and effect and conspicuously displayed and shall be framed under transparent material. Where posting is impractical, the license shall be carried onboard to be shown on demand.

4. All persons operating or serving as a crew member on board any watercraft carrying passengers for hire on the navigable waters of this State shall carry with them on board the vessel at all times proof of compliance with U.S. Coast Guard and USDOT drug testing regulations (46 CFR 16 and 49 CFR 40).

b) Inland Waters

1. Licensed operators shall be authorized to operate only vessels designated by the license and only on bodies of water designated on the license. All licensed operators shall be listed on the license issued by the Department. No one may operate the vessel carrying passengers unless they are listed as a qualified operator on the license.

2. The license shall be kept in full force and effect and conspicuously displayed and shall be framed under transparent material. Where posting is impractical, the license shall be carried onboard to be shown on demand.

3. No U.S. Coast Guard license, as described in subsection (a), shall be required for watercraft operating solely on inland waters.

History

• Source: Amended at 45 Ill. Reg. 8394, effective June 23, 2021

17 Ill. Adm. Code 2080.65 Application for Passenger for Hire Licenses

a) All forms for the application to obtain a passenger for hire license provided by the Department must be completed and submitted by the applicant along with any other documentation or information that the Department requires before a passenger for hire license may be issued.

b) The Department shall review all applications and shall issue a passenger for hire license upon the finding of the Department that all requirements of this Section and the Boat Registration and Safety Act [625 ILCS 45] have been complied with by the applicant.

c) If there are additions and/or changes to the information submitted on the application that takes place after issuance of a passenger for hire license, it shall be the responsibility of the applicant to notify the Department of such additions and/or changes within 14 days. Such notifications shall be in writing with the proper documentation and an updated application attached. Such information shall be sent to the Department of Natural Resources, One Natural Resources Way, Springfield, IL 62702. The Department shall review the updated application to determine if the updated application and documentation is in compliance with this Part and the Boat Registration and Safety Act [625 ILCS 45]. Upon a finding that the updated application and any submitted documentation is in compliance, the Department shall issue an updated passenger for hire license with new information listed on the license as necessary. The expiration date of the updated passenger for hire license shall be the same date as the originally issued license.

d) All applications for passenger for hire licenses must include the names and the Department required merchant mariner credentials for each operator who may operate the vessel or vessels during the period an issued license is valid.

History

• Source: Added at 45 Ill. Reg. 8394, effective June 23, 2021

17 Ill. Adm. Code 2080.70 License and Decal

a) Upon satisfactory completion of the required dry dock and annual dockside inspections, the owner shall forward to the Department the original marine inspection report on the form provided by the Department, along with an application for a "Passengers for Hire" license. The Department shall issue a "Passengers for Hire" license which shall expire on March 1 of the following year.

b) The "Passengers for Hire" license shall be framed under transparent material and posted in a conspicuous place on the vessel. Where posting is impractical, the license shall be kept on board to be shown on demand.

c) The Department shall issue one expiration validation decal with each license. The decal shall be prominently displayed upon the side of the watercraft as close to the operators' position as possible, per instructions provided by the Department.

History

• Source: Amended at 23 Ill. Reg. 9062, effective July 28, 1999

17 Ill. Adm. Code 2080.73 Applications for Rental Boat Licenses

a) All forms for the application to obtain a rental boat license provided by the Department must be completed and submitted by the applicant along with any other documentation or information that the Department requires before a rental boat license may be issued.

b) The Department shall review all applications and shall issue a rental boat license upon the finding of the Department that all requirements of this Part and the Boat Registration and Safety Act [625 ILCS 45] have been complied with by the applicant.

c) If there are additions and/or changes to the information submitted on the application that takes place after issuance of a rental boat license, it shall be the responsibility of the applicant to notify the Department of such additions and/or changes within 14 days. Such notifications shall be in writing with the proper documentation and an updated application. Such information shall be sent to the Department of Natural Resources, One Natural Resources Way, Springfield, Illinois 62702. The Department shall review the updated application to determine if the updated application and documentation is in compliance with this Part and the Boat Registration and Safety Act [625 ILCS 45]. Upon a finding that the updated application and any submitted documentation is in compliance, the Department shall issue an updated rental boat license with new information listed on the license as necessary. The expiration date of the updated rental license shall be the same date as the originally issued license.

History

• Source: Added at 45 Ill. Reg. 8394, effective June 23, 2021

17 Ill. Adm. Code 2080.75 Rental Boats

a) The operators of boat rental services shall be authorized to rent only vessels designated by the license and only on bodies of water designated on the license.

b) The operators of boat rental services shall provide to the Department, each time their license is renewed, a statement certifying that each boat offered for rent is of sound construction and is safe for use on the water. All rental boats shall be subject to periodic, unannounced inspections by the Department to ensure that they are being suitably maintained for safe public use under the safety requirements set out in the Boat Registration and Safety Act [625 ILCS 45].

c) The operators of boat rental services shall offer abbreviated Department and National Association of State Boating Law Administrators (NASBLA) approved operating and safety instruction specific to the type of watercraft being rented to the renter and all potential operators of the rented vessel, unless the renter/operators can demonstrate compliance with the Illinois Boating Safety Certificate requirements (see 625 ILCS 45/5-18). Operators of boat rental services shall:

1. maintain records of persons renting a watercraft for a period of at least one year. Those records shall contain proof of boat safety education card or, if taking the abbreviated safety instruction, a minimum of the renter's name, date of birth, driver's license number (if available) and signature.

2. provide a receipt to the renter indicating the abbreviated safety course was completed.

3. allow inspection of required records by an authorized employee of the Department or by an authorized State or federal law enforcement officer during reasonable business hours.

d) All rental boat applicants are required to be registered per 625 ILCS 45/3-1 and shall provide a serial number, Hull Identification Number or other permanently affixed identification number on the watercraft so tracking of rental stickers can be verified. If no such number is on the watercraft, a system of tracking and uniquely identifying each craft must be documented in the rental agency's records and available for inspection by Conservation Police Officers during normal business hours.

e) Boat rental applications must identify what type of rental watercraft each watercraft is on the application, including, but not limited to, human powered craft, motorboat or sailboat.

f) It shall be unlawful for any boat rental service to provide false or fictitious information on records related to this Section.

g) It shall be unlawful for any person renting a watercraft from a licensed boat rental service to provide false or fictitious information required by this Section to that rental service. Operators of rented watercraft shall have in their possession proof of abbreviated safety instruction or an Illinois Boating Safety Certificate.

h) Violation of this Section is a petty offense.

History

• Source: Amended at 45 Ill. Reg. 8394, effective June 23, 2021

17 Ill. Adm. Code 2080.80 Misuse of License or Decal

No person shall loan, borrow, transfer or otherwise falsify any license or decal issued by the State of Illinois or the United States Coast Guard.

17 Ill. Adm. Code 2080.90 Suspension and Revocation of Decals and Licenses

a) Violations of any provisions of this Part may result in suspension of any decal or license issued by the Department under the provisions of this Part for a period not to exceed one year.

b) Subsequent violations of any provisions of this Part within a two-year period shall result in revocation of any decal or license issued by the Department under the provisions of this Part for a period not less than 5 years.

c) Violations of any other provisions of the Boat Registration and Safety Act [625 ILCS 45], the Fish and Aquatic Life Code [515 ILCS 5], or the Wildlife Code [520 ILCS 5] may also result in suspension or revocation of any decal or license issued by the Department under the provisions of this Part.

d) The procedure by which suspensions and revocations are made, the rights of licensees to notice and hearing, and the procedures governing such hearings are set forth in 17 Ill. Adm. Code 2530.

History

• Source: Amended at 45 Ill. Reg. 8394, effective June 23, 2021

17 Ill. Adm. Code 2510.10 Purpose

a) The purpose of this Part is to acknowledge and recognize the contribution of:

1. Illinois residents 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 [20 ILCS 805/805-305]; and

2. Illinois resident veterans of the United States Armed Forces after returning from service abroad or mobilization by the President of the United States [515 ILCS 5/20-45].

b) In recognition of the services of Illinois resident service members, the Department of Natural Resources will waive specified fees for camping, fishing and hunting, as authorized by law, for the amount of time that the active duty member spent in service abroad or mobilized.

c) In recognition of the services of Illinois resident veterans, the Department of Natural Resources will issue veterans a current fishing license, sportsmen's combination license or hunting license at one-half the current fee as authorized by law.

History

• Source: Amended at 50 Ill. Reg. 7211, effective April 29, 2026

17 Ill. Adm. Code 2510.20 Definitions

"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:

a DD-214,

a letter from the Illinois Department of Military Affairs for members of the Illinois National Guard,

a letter from the Regional Reserve Command for members of the Armed Forces Reserve,

a letter from the Major Command covering Illinois for active duty members, personnel records for mobilized State employees, and

any other documentation that the Department, by administrative rule, deems acceptable to establish dates for mobilization or service abroad. [520 ILCS 5/3.1-4]

A copy of deployment orders shall not be accepted as verification.

Active Duty − means active duty in the Armed Forces of the United States, as evidenced by a DD form 2, United States Uniformed Service Identification Card, marked "Active" or "Active Duty".

Department − means the Department of Natural Resources.

Mobilization − means that a person was called to active duty by the President of the United States under Title 10 or Title 32, United States Code.

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.

Veteran − means an Illinois resident who is a former member of the Armed Forces of the United States, as evidenced by a DD-214 form issued by a branch of the Armed Forces of the United States.

History

• Source: Amended at 50 Ill. Reg. 7211, effective April 29, 2026

17 Ill. Adm. Code 2510.30 Fee Exemptions and Fee Reductions

a) Illinois residents 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, are eligible for the following, without fee, upon application and verification of service or mobilization to the Department:

1. Camping, with no camping fee except:

A) camper is responsible for applicable utility fees; and

B) camper is responsible for applicable rent-a-tent fees and cabin fees.

2. Sport fishing and hunting:

A) A current Combined Sportsman's License, Habitat Stamp and a trapping license.

B) If requested, the applicant will also be issued one statewide archery deer permit and one free firearm deer permit for the county of choice (and the archery deer permit if not available at time of verification) will be mailed to the applicant when available.

3. Except for the purposes of obtaining a Lifetime License, any person on active duty in the Armed Forces shall be considered a resident of Illinois during his or her period of military duty. [515 ILCS 5/1-75 and 520 ILCS 5/1.2m]

b) Resident veterans of the United States Armed Forces 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, are eligible to purchase licenses at one-half the fee charged for the following:

1. fishing license (see 515 ILCS 5/20-45(a));

2. sportsmen's combination license (see 515 ILCS 5/20-45(c)); and

3. hunting license (see 520 ILCS 5/20-3.2).

c) Non-resident veterans are not eligible for no-fee hunting, fishing or camping.

d) Non-resident veterans are not eligible for reduced fee hunting or fishing licenses.

History

• Source: Amended at 50 Ill. Reg. 7211, effective April 29, 2026

17 Ill. Adm. Code 2510.40 Application

a) Military members are eligible for free sport fishing, hunting and camping for one year for each year served and for one year for each portion of a year served.

b) To receive free passes, licenses, stamps and permits, eligible military members and veterans shall comply with the following:

1. Mail, email or appear in person with their application, acceptable verification of service or mobilization, and any other documentation as required by this Part to:

Illinois Department of Natural Resources

Office of Strategic Services

One Natural Resources Way

Springfield, Illinois

DNR.OSSMilitary@illinois.gov

2. Eligible military members must apply within two years after their return from abroad or release from mobilization, provide verification of dates of service abroad or verification of dates of mobilization (see Section 2510.20) and provide a government issued photo identification card.

3. Veterans can apply at any time and must provide a form DD-214 and a government issued photo identification card to the Department.

c) The Armed Forces Special Pass (camping), issued to eligible military members, shall become effective on the date of application and shall expire on the same month and day in the year the entitlement expires.

d) Any license or permit issued without charge pursuant to Section 2510.30(a) will expire March 31 of each year. If eligible, any license or permit issued without charge pursuant to Section 2510.30(a) may be obtained by following the procedures under subsection (b). Eligible military members can provide the Department with a copy of an unexpired Armed Forces Special Pass to obtain a new license, stamp or permit.

e) After the initial issuance of one-half price licenses under Section 2510.30(b), eligible veterans may obtain one-half price licenses in subsequent years through the Department website or over-the-counter from any of the Department's direct license agents without providing additional copies of acceptable verification of services or mobilization.

History

• Source: Amended at 50 Ill. Reg. 7211, effective April 29, 2026

17 Ill. Adm. Code 2510.50 Violations (Repealed)

History

• Source: Repealed at 50 Ill. Reg. 7211, effective April 29, 2026

Chapter I Department of Natural Resources

Subchapter f Administrative Services

Part 2520 Selling and Consignment of Licenses, Stamps and Permits

17 Ill. Adm. Code 2520.10 Agents - Sale and Consignment Requirements

a) The Department of Natural Resources (DNR) has the authority to designate agents to sell licenses, stamps and permits on behalf of DNR. DNR also has the authority to consign licenses, stamps and permits, for sale by county, city, village, township and incorporated town clerks, upon receipt of their completed application and elected official license agent contract, and fulfillment of requirements set forth in this Part. DNR also consigns licenses, stamps and permits to other agents upon receipt of their completed application, license agent contract, evidence of financial responsibility, and fulfillment of the requirements set forth in this Part. The term agent means all persons authorized by DNR to sell licenses, stamps and permits, other than elected or appointed officials and DNR employees. License agents, including employees of DNR selling licenses, stamps and permits, shall collect an issuing fee in addition to the license, stamp and permit fee as provided in 515 ILCS 5/20-120, 520 ILCS 5/3.37, 20 ILCS 862/26 and 625 ILCS 45/3-1.5 as follows: 75 cents for each Sportsmen's Combination license and non-resident hunting license, and 50 cents for all other licenses, stamps and permits authorized by the above statutes. All licenses, stamps and permits consigned and fees collected from the sale of licenses, stamps and permits (except the authorized issuing fee) remain the property of the State of Illinois. Funds received from the sale of licenses, stamps and permits (except the authorized issuing fee) shall not be directed to any purpose other than remittance to DNR.

b) County, city, village, township and incorporated town clerks may appoint sub-agents within the territorial area for which they are elected or appointed. Elected or appointed officials and DNR employees selling licenses, stamps and permits are liable to the State for all licenses, stamps and permits consigned to their account, including any licenses, stamps and permits furnished by a clerk to any sub-agent. Any clerk appointing sub-agents must notify DNR, within 10 days following the appointment, the names and mailing addresses of such sub-agents. No part of the issuing fees collected may be retained as personal compensation by the clerk. Issuing fees may be divided between the clerk and appointed sub-agents other than employees of the clerk's office, but in no case may any clerk and/or sub-agent charge an issuing fee or fees totaling more than the amounts set out in subsection (a) of this Section. DNR assumes no liability for any license, stamp or permit furnished by any elected or appointed clerk to any sub-agent.

c) Financial Responsibility of Agents

All agents, including concessionaires holding contracts with DNR, shall be required to furnish DNR with evidence of financial responsibility.

1. Agents Without Preferred Status

Except as provided in subsection (c)(2), the evidence of financial responsibility shall be in the form of a surety bond, letter of credit or certificate of deposit, in an amount equal to the value of licenses, stamps and permits consigned.

2. Agents with Preferred Status

A) Agents must meet the following qualifications to receive a preferred status:

i) The agent must sell licenses, stamps and permits for one complete license year.

ii) DNR must have received a minimum of 9 monthly current license year remittances or no sales reports between April and December (inclusive).

B) If the qualifications listed in subsection (c)(2)(A) are met, the agent's consignments may total 50% over the amount of his or her financial evidence. All agents with a preferred status will be reviewed annually. If qualifications have been met, the preferred status will continue for the following license year. If the qualifications have not been met, the preferred status is removed and the agent will be consigned licenses, stamps and permits equal to the amount of financial evidence.

3. Evidence of Financial Responsibility

Surety bonds and letters of credit shall be on a form furnished by and approved by DNR, with surety or sureties satisfactory to DNR, conditioned upon the agent paying to the State of Illinois all monies becoming due by reason of the sale of licenses, stamps and permits.

4. Sub-Agents

No agent may appoint sub-agents.

d) Agents, other than DNR staff, issuing gun permits for deer and turkey hunting during special hunts on non-DNR property, as defined in 17 Ill. Adm. Code 650.22(a) and 17 Ill. Adm. Code 660.22(a), shall complete a written financial guarantee and fulfill the requirements set forth in this Part. All permits consigned and fees collected remain the property of the State of Illinois. Funds received from the sale of permits shall not be directed to any purpose other than remittance to DNR. Agents will not be consigned more than 100 permits of a specific type.

History

• Source: Amended at 37 Ill. Reg. 6766, effective May 1, 2013

17 Ill. Adm. Code 2520.20 Issuing Licenses, Stamps and Permits

a) License, stamp and permit forms shall be filled out accurately and legibly at the time of issuance, and the full amount shall be collected as shown on the license face. In the case of stamps, the license fee plus the authorized issuing fee shall be collected, if the issuing fee is not shown on the face of the stamp. Agents shall not back-date or issue an undated license.

b) The application portion of each license shall be retained by the issuing clerk or agent until the license issued expires, except in the case of trapping licenses, goose permit stubs, habitat stamps, ginseng harvester licenses, archery permits, resident hunting licenses and habitat stamps, non-resident hunting licenses and habitat stamps, and resident sportsmen's licenses and habitat stamps for which the completed application must accompany the remittance.

History

• Source: Amended at 33 Ill. Reg. 15742, effective November 2, 2009

17 Ill. Adm. Code 2520.30 Terms

a) When funds received in payment for licenses, stamps and permits are deposited in an interest bearing account and when fees collected by an agent are determined to be late to DNR according to subsection (c) of this Section, interest that has accrued through an interest bearing license account on the overdue funds shall be remitted to DNR by separate check, along with fees collected from the sale of the licenses, stamps and permits.

b) All license agents shall be required to remit to DNR, as provided in subsection (c), all funds received from the sale of licenses, stamps and permits during the preceeding remittance period, except the authorized issuing fee. Agents having licenses, stamps and permits on hand for sale, but who have sold none during the remittance period, shall report this fact to DNR, as provided by subsection (c), by the use of a no sales report furnished by DNR.

c) Remittance shall be made to DNR no later than the 10th of each month for all licenses, stamps and permits sold during the previous month.

d) Accounts more than one month past due shall have additional license consignments withheld until the account is current. Accounts two months or more past due will cause DNR to cancel or withdraw the issuance of licenses through the clerk or agent. In the case of secured agents, payment will be demanded from the security company. In the case of secured agents with a preferred status, payment up to the amount of financial evidence will be demanded from the security company and the balance over the financial evidence will be referred to other agencies for assistance. No installment payment agreements will be accepted by DNR except pursuant to judgment decrees.

e) Within 30 days after the expiration of the time in which any class of license, stamp or permit is usable, the final payment for licenses, stamps and permits sold shall be made in full to DNR, and all unsold or void licenses, stamps and permits shall be returned to DNR. Accounts not closed out within the 30 days specified shall be suspended or terminated, and referred to the security company for action or referral to other agencies for assistance.

History

• Source: Amended at 33 Ill. Reg. 15742, effective November 2, 2009

17 Ill. Adm. Code 2520.40 Credit to Agent Accounts

a) Void or unsold licenses, stamps and permits shall be returned to DNR for credit to the agent account. Credit for void or unsold licenses, stamps and permits will be allowed only when the original license, stamp or permit is returned. The application portion of the license, stamp or permit will not be accepted for credit.

b) Credit to agent accounts for void licenses, stamps and permits shall be denied if the license, stamp or permit shows signs of use, such as encasement in plastic or other signs of use. The license and permit supervisor is responsible for this determination, and if credit is denied, the Supervisor, License Section, shall cause the agent to be notified of this action.

c) No person selling licenses, stamps and permits is required to remit for any licenses, stamps or permits stolen by forcible entry or destroyed by a fire in the premises where the licenses, stamps and permits are kept, if the agent submits an affidavit to DNR describing the circumstances of the theft or cause of destruction and listing the types and numbers of licenses, stamps and permits destroyed. An official report of the fire or theft completed by the appropriated agency (such as the fire department responding to the call or police if a robbery) must also be submitted.

History

• Source: Amended at 33 Ill. Reg. 15742, effective November 2, 2009

17 Ill. Adm. Code 2520.50 Issuance of Replacement Hunting, Fishing and Trapping Licenses, Stamps and Permits

a) DNR will issue replacements for lost licenses, stamps and permits. A fee of $3.00 per license, stamp or permit will be charged to defray the cost of handling.

b) DNR will issue replacements at no cost when DNR loses the sportsman's hunting, fishing, Sportsman's Combination, ginseng harvester, or trapping licenses, stamps or permits.

c) The procedure for obtaining a replacement license, stamp or permit is as follows:

1. Individual loss of a license, stamp or permit issued by an agent – An individual may request a replacement license, stamp or permit from any agent location. The individual may obtain a replacement license, stamp or permit from any agent for a $3.00 fee per license, stamp or permit.

2. Individual loss of a license, stamp or permit consigned from DNR – Individuals may request an application for a replacement license, stamp or permit from the Springfield office at the address in this subsection (c)(2). The individual requesting the replacement license, stamp or permit should return a copy of the original application or a properly completed and notarized Replacement License, Stamp or Permit Application and forward it with a $3.00 fee per license, stamp or permit to:

Illinois Department of Natural Resources

P.O. Box 19459

Springfield IL 62794-9459

3. DNR loss – The DNR location requesting the replacement should complete on agency letterhead a request for a replacement and forward the request to: Department of Natural Resources, Replacements, One Natural Resources Way, Springfield IL 62702. The request should be completed in triplicate with one copy retained at the location and one copy given to the person whose license, stamp or permit was lost. This copy of the request will allow the person to hunt or fish in the interim prior to receipt of the replacement. Information contained in the replacement request letter must include:

A) date of the letter;

B) indication that the letter may be used by the person in lieu of a license, stamp or permit for up to 30 days from the date on the letter;

C) DNR location requesting the replacement (including address and contact phone number);

D) the name, complete mailing address, county of residence, date of birth, height, weight, hair color, eye color and daytime phone number of the person receiving the replacement;

E) indication of what licenses, stamps or permits need to be replaced; and

F) the printed or typed names and signatures and the date of signature of the authorized persons at the DNR location issuing the replacement letter and the location supervisor.

History

• Source: Amended at 33 Ill. Reg. 15742, effective November 2, 2009

17 Ill. Adm. Code 2520.60 Vendor - Sale of Licenses by Telephone or Electronic Transmission

a) A "vendor" is any person authorized by DNR to issue licenses, stamps or permits by telephone or electronic transmission (such as the Internet). To become a vendor, a person or business must:

1. make a request to DNR in writing detailing the proposed process and indicating the types of licenses, stamps or permits that would be sold from the service;

2. comply with all existing license vendor regulations;

3. if a telephone service is offered, insure that the service is a toll-free phone service;

4. package and ship the license, stamp or permit to the customer within 24 hours after receipt of the customer's request;

5. retain sales information for at least 24 months; and

6. allow DNR staff to audit the process and vendor books.

b) The vendor may collect an additional convenience charge, set pursuant to the competitive bidding procedures of the Illinois Procurement Code [30 ILCS 500] to cover the cost of the transaction, including shipping and handling fees. Any convenience charge paid by an individual buyer shall be clearly identified as a convenience charge on the license receipt.

c) The vendor must:

1. assign a confirmation number to all individual buyers of licenses, stamps or permits;

2. record the individual buyer's driver's license number and state of issue or some other means of identification, approved by DNR, to identify place of legal residency when the individual buyer is purchasing a resident license;

3. issue a unique confirmation number to the individual buyer based on an approved formula from DNR;

4. instruct the individual buyer purchasing a license, stamp or permit by telephone that he or she must record the assigned confirmation number on a piece of paper, along with the individual buyer's name and date of birth, date of the transaction and mailing address. The individual buyer shall also be instructed that this piece of paper must contain the buyer's signature and be kept on the buyer's person while fishing or hunting, until the buyer receives the license in the mail;

5. instruct the individual buyer that use of the assigned confirmation number as a temporary hunting or fishing license is only valid for 30 days from the date of sale; and

6. immediately update a license verification database with all transaction information.

History

• Source: Amended at 33 Ill. Reg. 15742, effective November 2, 2009

Part 2530 Revocation Procedures for Conservation Offenses

17 Ill. Adm. Code 2530.10 Applicability

The rules in this Part govern the practice and procedures related to formal hearings and other actions conducted under the jurisdiction of the Department of Natural Resources that do not have defined hearing procedures including:

a) Summary revocation of licenses and/or suspension of privileges based upon accumulation of points from determinations of guilt by a court of law;

b) Revocation of licenses and/or suspension of privileges sought by the Department based upon course of conduct with at least one determination of guilt by a court of law;

c) Revocation of licenses and/or suspension of privileges pursuant to the Interstate Wildlife Violator Compact policy on reciprocity;

d) Statutorily mandated suspensions;

e) Reinstatement of privileges;

f) The immediate eviction and removal from Department lands for up to 90 days; and

g) The eviction and removal from Department lands for longer than 90 days sought by the Department based upon the course of conduct.

History

• Source: Amended at 38 Ill. Reg. 17001, effective July 25, 2014

17 Ill. Adm. Code 2530.20 Definitions

In this Part the following terms shall have the meanings ascribed:

"Arrest" means the issuance of a State or federal citation or a notice to appear, or the filing of a complaint by a State or federal prosecutor.

"Contested case" means an adjudicatory proceeding, not including rate making, rulemaking, quasi-legislative, informational or similar proceedings, in which the individual legal rights, duties or privileges of a party are required by law to be determined by an agency only after an opportunity for hearing. [5 ILCS 100/1-30]

"Department" means the Illinois Department of Natural Resources. [520 ILCS 5/1.2d]

"Determination of guilt by a court of law" means a case disposition, including supervision or conditional discharge, by a circuit court of the State of Illinois or a United States District Court in an Illinois District for an offense that is a violation of any of the provisions of the Fish and Aquatic Life Code [515 ILCS 5], the Wildlife Code [520 ILCS 5], the Timber Buyers Licensing Act [225 ILCS 735], the Ginseng Harvesting Act [525 ILCS 20], the Endangered Species Protection Act [520 ILCS 10], the Herptiles-Herps Act [510 ILCS 68] or any violation of similar federal statutes or rules.

"Director" means the director of the Illinois Department of Natural Resources. [520 ILCS 5/1.2e]

"Hearing Officer" means the presiding officer or officers at the initial hearing before the Department and each continuation. [5 ILCS 100/1-15]

"License" includes the whole or part of any Department permit, stamp, license, certificate, approval, registration, or similar form or permission required by law. [5 ILCS 100/1-35]

"Licensing" includes the Department procedures respecting the grant, denial, renewal, revocation, suspension, annulment, withdrawal or amendment of a license. [5 ILCS 100/1-40]

"Office of Law Enforcement" means the Department of Natural Resources' Office of Law Enforcement.

"Party" means such person or agency named or admitted as a party, or properly seeking and entitled as of right to be admitted as a party. [5 ILCS 100/1-55]

"Person" means any individual, partnership, corporation, association, governmental subdivision, or public or private organization of any character other than an agency. [5 ILCS 100/1-60]

"Single incident" means a singular act or event that occur at the same location, date and time that give rise to multiple violations of State or federal laws. Multiple acts or events are not a single incident.

History

• Source: Amended at 45 Ill. Reg. 8415, effective June 23, 2021

17 Ill. Adm. Code 2530.30 Filing

Documents permitted or required to be filed with the Department shall be addressed to and mailed or filed with the Department of Natural Resources, Office of Legal Counsel, One Natural Resources Way, Springfield IL 52702-1271.

History

• Source: Amended at 28 Ill. Reg. 9990, effective July 6, 2004

17 Ill. Adm. Code 2530.35 Parties

a) The Department, when initiating a revocation/suspension proceeding, shall be designated the Complainant. Any adverse party shall be designated as the Respondent.

b) In the case of a summary revocation/suspension appeal or an eviction and removal appeal, the party appealing shall be designated as the Petitioner and the Department designated as the Respondent.

c) Misnomer of a party is not ground for dismissal, but the name of any party may be corrected at any time.

History

• Source: Section 2530.35 renumbered from Section 2530.330 and amended at 38 Ill. Reg. 17001, effective July 25, 2014

17 Ill. Adm. Code 2530.40 Documents

a) Documents shall clearly show the title of the proceeding in connection with which they are filed, and shall designate the nature of the relief sought.

b) Except as otherwise provided, two copies of all documents, including complaints, motions, and petitions for review shall be filed with the Department.

c) Each document filed shall be signed by the party or by his or her authorized representative.

History

• Source: Amended at 38 Ill. Reg. 17001, effective July 25, 2014

17 Ill. Adm. Code 2530.50 Computation of Time

a) Computation of time relating to filings, motions, other pleadings and orders shall begin the first business day following the day on which the act, event or development initiating such period of time occurs, and shall run until the end of the last day, or the next following business day if the last day is a Saturday, Sunday or legal holiday. If the period of time is five days or less, Saturdays, Sundays, and legal holidays shall be excluded in the computation of time.

b) Notice requirements shall be construed to mean notice dispatched by means reasonably calculated to be received by the prescribed date.

History

• Source: Amended at 38 Ill. Reg. 17001, effective July 25, 2014

17 Ill. Adm. Code 2530.60 Appearances

a) Any person may appear in a contested case as follows:

1. A natural person may appear in his or her own behalf or by an attorney at law licensed and registered to practice in the State of Illinois, or both.

2. A business, nonprofit or government organization shall appear by an attorney licensed and registered to practice in the State of Illinois.

b) Attorneys not licensed and registered to practice in the State of Illinois may appear on motion.

c) An attorney appearing in a representative capacity shall file a written notice of appearance with the Department, together with proof of service on all parties or their respective attorneys at least 5 days prior to any hearing.

History

• Source: Amended at 38 Ill. Reg. 17001, effective July 25, 2014

17 Ill. Adm. Code 2530.110 Applicability (recodified)

History

• Source: Recodified to 2 Ill. Adm. Code 825.110 at 8 Ill. Reg. 4133

17 Ill. Adm. Code 2530.130 Rules Proposed by Member of Public (recodified)

History

• Source: Recodified to 2 Ill. Adm. Code 825.120 at 8 Ill. Reg. 4133

17 Ill. Adm. Code 2530.140 Authorization of Hearing (recodified)

History

• Source: Recodified to 2 Ill. Adm. Code 825.130 at 8 Ill. Reg. 4133

17 Ill. Adm. Code 2530.150 Notice of Hearing (recodified)

History

• Source: Recodified to 2 Ill. Adm. Code 825.140 at 8 Ill. Reg. 4133

17 Ill. Adm. Code 2530.160 Hearing Officer (recodified)

History

• Source: Recodified to 2 Ill. Adm. Code 825.150 at 8 Ill. Reg. 4133

17 Ill. Adm. Code 2530.180 Written Submission (recodified)

History

• Source: Recodified to 2 Ill. Adm. Code 825.160 at 8 Ill. Reg. 4133

17 Ill. Adm. Code 2530.190 Record (recodified)

History

• Source: Recodified to 2 Ill. Adm. Code 825.170 at 8 Ill. Reg. 4133

17 Ill. Adm. Code 2530.200 Revision of Proposed Rules (recodified)

History

• Source: Recodified to 2 Ill. Adm. Code 825.180 at 8 Ill. Reg. 4133

17 Ill. Adm. Code 2530.210 Filing and Publication of Final Rules (recodified)

History

• Source: Recodified to 2 Ill. Adm. Code 825.190 at 8 Ill. Reg. 4133

17 Ill. Adm. Code 2530.220 Applicability

This Subpart governs the practices and procedures related to revocation of licenses and suspension of privileges under the jurisdiction of the Department of Natural Resources when the revocation and/or suspension is based upon one or more determinations of guilt by a court of law and accumulation of points as described in this Subpart. The reasons or legal advice that led to the determination of guilt by a court of law, by either plea, trial or sentence of supervision or conditional discharge, shall not be the subject of or a defense to any imposition of the revocation of licenses or suspension of privileges under the jurisdiction of the Department of Natural Resources.

History

• Source: Amended at 45 Ill. Reg. 8415, effective June 23, 2021

17 Ill. Adm. Code 2530.230 Point System

a) Any person pleads guilty to, is found guilty of, receives court supervision, or is sentenced to conditional discharge, by a circuit court of the State of Illinois or a United States District Court in an Illinois District for an offense that is a violation of any of the provisions of the Fish and Aquatic Life Code, the Wildlife Code, the Timber Buyers Licensing Act, the Ginseng Harvesting Act, the Endangered Species Act, the Herptiles-Herps Act or any similar violation of federal statutes or rules, or any violation under Section 48-3(b) of the Criminal Code of 2012 [720 ILCS 5/48-3(b)] and as authorized by any statute referenced in this subsection (a) shall be assessed points as set out in Section 2530.240.

b) Licenses, permits and stamps shall be revoked, and privileges shall be suspended, based upon the accumulated points. The assessed accumulated points remain until:

1. In cases involving Type I offenses (see Section 2530.255), 18 months has elapsed since the date of the commission of the offense;

2. In cases involving Type II offenses, 36 months has elapsed since the date of the commission of the offense;

3. An order of the Circuit Court or the Director terminates the suspension and the applicable reinstatement fee has been paid and processed by the Department; or

4. An order of the Circuit Court has expunged the underlying record of the offense, the Office of Law Enforcement has received notice of the expungement, and the applicable reinstatement fee has been paid.

History

• Source: Amended at 50 Ill. Reg. 7219, effective April 29, 2026

17 Ill. Adm. Code 2530.240 Points

a) Unless otherwise specified in subsection (b), points shall be assessed by classification of offense as follows:

1. For a petty offense – 3 points

2. For a Class C Misdemeanor – 6 points

3. For a Class B Misdemeanor – 9 points

4. For a Class A Misdemeanor – 12 points

5. For a Class 4 Felony – 24 points

6. For a Class 3 Felony or Higher – 60 points

b) Points for the following violations shall be assessed as follows:

1. For any violation committed during a period of suspension – 60 points

2. For any violation of any of the following sections of the Timber Buyers Licensing Act [225 ILCS 735] – 13 points:

A) a Class A misdemeanor for a violation of Section 5(a);

B) any violation of Section 5(c); or

C) any violation of Section 5(d).

3. Federal offenses shall be assessed points based upon the classification of offense for the corresponding Illinois violation, rather than the federal classification of the offense.

4. For any person found guilty of Section 2.33(cc) of the Wildlife Code − 13 points.

5. For any person found guilty of Section 2.38 of the Wildlife Code − 13 points.

6. For any person found guilty of Section 20-120(h) of the Fish and Aquatic Life Code – 13 points.

7. For any person found guilty of Section 20-125(d) of the Fish and Aquatic Life Code – 13 points.

8. For any person found guilty of Section 48-3(b)(9) or (b)(10) of the Criminal Code of 2012 – 13 points.

History

• Source: Amended at 48 Ill. Reg. 8664, effective May 30, 2024

Chapter I Department of Natural Resources

Subchapter f Administrative Services

Part 2530 Revocation Procedures for Conservation Offenses

17 Ill. Adm. Code 2530.245 Single Incident Rule

a) In the event that multiple findings of guilt are entered against an individual arising out of a single incident, full points shall be assessed only for the finding of guilt with the highest point level with additional points assessed for the remaining findings of guilt as follows:

1. For a petty offense – 1 point

2. For a Class C misdemeanor – 2 points

3. For a Class B misdemeanor – 3 points

b) The single incident rule shall not be applied, however, in any cases in which the highest level violation is a Class A misdemeanor or higher (12 points or greater) or in cases in which violations occurred while the individual was suspended.

History

• Source: Amended at 45 Ill. Reg. 8415, effective June 23, 2021

17 Ill. Adm. Code 2530.250 Groups

a) Group A = Wildlife Code, Endangered Species Protection Act – Wildlife, Federal Offenses – Wildlife, Section 48-3(b) of the Criminal Code of 2012 − Wildlife, and Herptiles-Herps Act.

b) Group B = Fish and Aquatic Life Code, Endangered Species Protection Act – Aquatic Life, Federal Offenses – Aquatic Life, Section 48-3(b) of the Criminal Code of 2012 – Aquatic Life, and Herptiles-Herps Act.

c) Group C = Timber Buyers Licensing Act.

d) Group D = Ginseng Harvesting Act, Endangered Species Protection Act – Plants, Federal Offenses – Plants.

History

• Source: Amended at 43 Ill. Reg. 4837, effective April 11, 2019

17 Ill. Adm. Code 2530.255 Types of Offenses

a) Type I Offenses = Those offenses related to commercial/business activities covered under Timber Buyer, Taxidermist, Aquaculture, Aquatic Life Dealer, Herptile, Minnow Dealer, Mussel Dealer, Commercial Roe Dealer, Commercial Fisherman, Commercial Musselor, Commercial Roe Harvester, Game and Game Bird Breeder, Wild Game Food Dealer, Furbearing Animal Breeder, Fur Tanner, Class A Nuisance Wildlife Control Operator, Migratory Waterfowl Hunting Area or Charter Fishing licenses and permits.

b) Type II Offenses = All other offenses related to activities covered under licenses and permits and offenses of hunter or fisherman interference under the Criminal Code. (Example: hunting, trapping, sport fishing, etc.)

History

• Source: Amended at 43 Ill. Reg. 4837, effective April 11, 2019

17 Ill. Adm. Code 2530.260 Computation of Suspension Period

All offenses shall be classified by type and by group for computation of points. A person's privileges shall be revoked upon accruing the required points pursuant to this Part. The points that are accrued upon disposition of an offense or offenses shall be assigned to the person for the date that the offense or offenses occurred. The Department shall then review the timeframe that the points were assigned and upon a finding by the Department that the total points for the time period as outlined in this Section have been accrued to require a suspension, the Department shall then issue a suspension. Such suspension shall commence upon the date the Department is made aware by the Circuit Clerk of the County in which the offense occurred of a disposition that resulted in the total point accumulation to require a suspension pursuant to this Part.

a) For Type I offenses, any person who, within an 18 month period, commits an offense or offenses that result in the accumulation of 13 or more points in a single group as set out in Section 2530.250 shall have all commercial/business licenses, permits and stamps relevant to that group revoked, and the person's privilege to engage in those activities shall be suspended for a period of time that equals one month for each point accumulated. All accumulated points shall remain in effect for 18 months from the date of the commission of the offense that resulted in the point accumulation and shall not be removed or reduced by a period of suspension. Any second or subsequent suspension imposed upon a person shall be served consecutively to any earlier suspension, if still in effect, commencing on the date the earliest suspension expires. The 18 month period used to determine if a points based suspension shall be issued is calculated based on the date of offense and not the date of disposition of the offense.

b) For Type II offenses: a person who, within a 36 month period, commits an offense or offenses that result in the accumulation of 13 or more points in a single group as set out in Section 2530.250 shall have all licenses, permits and stamps relevant to that type and group revoked, and the person's privilege to engage in the activity covered by the type and group shall be suspended for a period of time that equals one month for each point accumulated. Lifetime licenses issued pursuant to Section 20-45(f) of the Fish and Aquatic Life Code shall only be revoked for felony violations or for violations committed during a period of suspension. The privileges of lifetime license holders shall be suspended, however, in accordance with the provisions of this Section. All accumulated points shall remain in effect for 36 months from the date of the commission of the offense that resulted in the point accumulation and shall not be removed or reduced by a period of suspension. Any second or subsequent suspension imposed upon an individual shall be served consecutively to any earlier suspension, if still in effect, commencing on the date the earliest suspension expires. The 36 month period to determine if a points-based suspension shall be issued is calculated based on the date of offense and not the date of disposition of the offense.

History

• Source: Amended at 45 Ill. Reg. 8415, effective June 23, 2021

17 Ill. Adm. Code 2530.270 Summary Revocation/Suspension Procedures

a) All Illinois Circuit Court clerks shall report to the Office of Law Enforcement, Illinois Department of Natural Resources, One Natural Resources Way, Springfield IL 62702-1271, the disposition of cases involving a violation of any of the provisions of the Fish and Aquatic Life Code, the Wildlife Code, the Timber Buyers Licensing Act, the Ginseng Harvesting Act, the Endangered Species Protection Act, the Herptiles-Herps Act and Section 48-3(b) of the Criminal Code of 2012.

b) Points shall be assessed to the person by the Office of Law Enforcement once reports of disposition are received from the circuit clerk. The Department shall not be responsible or liable for the delay or failure of a circuit clerk in the reporting of dispositions. Any delay or failure of a circuit clerk in the reporting of dispositions does not affect the Department's ability to revoke or suspend privileges pursuant to this Part.

c) Whenever sufficient points have been accumulated for suspension as set out in Section 2530.260, the suspension shall be imposed by the Department on a quarterly basis as follows:

1. For any dispositions received during the first quarter of the calendar year (January-March), suspensions shall begin on April 30.

2. For any dispositions received during the second quarter of the calendar year (April-June), suspensions shall begin on July 30.

3. For dispositions received during the third quarter of the calendar year (July-September), suspensions shall begin on October 30.

4. For dispositions received during the fourth quarter of the calendar year (October-December), suspensions shall begin on January 30.

History

• Source: Amended at 45 Ill. Reg. 8415, effective June 23, 2021

17 Ill. Adm. Code 2530.275 Notice of Revocation/Suspension

a) As set out in this Subpart B, any person who has accumulated sufficient points to have a license revoked and/or privileges suspended shall be notified by mail that any licenses, stamps or permits held by that person pursuant to the statutes or administrative rules for the type and group in which the points were accumulated are immediately revoked. The notice shall further inform the person how many points have been assessed and for how long their privileges are suspended.

b) At any time after imposition of revocation/suspension, the Office of Law Enforcement may withdraw the revocation/suspension if the Office of Law Enforcement finds the revocation/suspension was issued in error.

c) For Type I (commercial/business type) suspensions, the notice shall also include instructions that no new business may be taken in, effective immediately with the suspension, and that existing business must cease within 30 days after the effective date of the suspension. Proof that all existing business has ceased may be in the form of written correspondence to all current clients notifying them of the suspension and their alternatives.

d) Notices shall be mailed to the last known address of the person through U.S. mail, and an affidavit of mailing shall be proof that the notice was received 4 days after being mailed. The effective date of the suspension will be the date indicated in the Notice of Suspension letter. Revocation and suspension shall be effective 4 days after notice is deposited in the U.S. mailbox.

History

• Source: Added at 38 Ill. Reg. 17001, effective July 25, 2014

17 Ill. Adm. Code 2530.280 Request for Hearing to Appeal Summary Revocation/Suspension

a) Any person who is mailed notice of suspension and revocation shall have the right to appeal by filing a Petition for Hearing. The Petition for Hearing shall be mailed to or filed with the Office of Legal Counsel, Illinois Department of Natural Resources, One Natural Resources Way, Springfield IL 62702-1271. Petitions must be received by the Department within 34 days after the date of the Notice of Suspension.

b) A Petition for Hearing must be received by the Department's Office of Legal Counsel within 34 days after the date of the Notice of Suspension. If the petition is not timely received by the Office of Legal Counsel at the Department of Natural Resources, the summary revocation/suspension will be considered final without further notice.

c) The petition shall be styled "In re the suspension of ____, PETITION FOR HEARING". The petition shall contain sufficient facts in justification of a hearing and be signed by the petitioner (person whose privileges were suspended).

d) The petition shall also state if the petitioner paid a civil penalty through the Circuit Court for an illegal take as a result of the related (conservation) violations of the Fish and Aquatic Life Code, the Wildlife Code or the Endangered Species Protection Act.

History

• Source: Amended at 45 Ill. Reg. 8415, effective June 23, 2021

17 Ill. Adm. Code 2530.300 Department Initiated Revocation/Suspension Based Upon Course of Conduct

a) Proceedings for revocation/suspension based upon course of conduct with at least one determination of guilt by a court of law shall be commenced by the service of a notice and a complaint upon the respondent.

b) The complaint shall contain the following:

1. A reference to the provision of the law or rules of which the respondent was found guilty by a court of law, including a description sufficient to advise respondent of the basis for revocation/suspension;

2. A description of any/all the violations committed by respondent in a guilty finding sufficient to advise respondents of the basis for revocation/suspension;

3. A concise statement of the relief that the complainant seeks; and

4. A statement that the relief stated in the complaint shall be granted if the respondent does not answer, respond or attend a hearing as set out in this Part.

c) A copy of the notice and complaint shall either be served personally on the respondent or his or her authorized agent or shall be served by registered or certified mail with return receipt signed by the respondent or his or her authorized agent. Proof of service of the complaint shall be made by affidavit of the person making personal service or by properly executed registered or certified mail receipt.

History

• Source: Section 2530.300 renumbered from Section 2530.340 and amended at 38 Ill. Reg. 17001, effective July 25, 2014

17 Ill. Adm. Code 2530.310 Applicability

This Subpart governs practices and procedures under the jurisdiction of the Department for the following:

a) Summary revocation of licenses and/or suspension of privileges based upon accumulation of points from determinations of guilty by a court of law;

b) Revocation of licenses and/or suspension of privileges sought by the Department based upon course of conduct, with at least one determination of guilt by a court of law;

History

• Source: Amended at 38 Ill. Reg. 17001, effective July 25, 2014

17 Ill. Adm. Code 2530.320 General Procedures (repealed)

History

• Source: Repealed at 38 Ill. Reg. 17001, effective July 25, 2014

17 Ill. Adm. Code 2530.330 Parties (renumbered)

History

• Source: Section 2530.330 renumbered to Section 2530.35 at 38 Ill. Reg. 17001, effective July 25, 2014

17 Ill. Adm. Code 2530.340 Notice and Complaint (Department Initiated Proceeding) (Renumbered)

History

• Source: Section 2530.340 renumbered to Section 2530.300 at 38 Ill. Reg. 17001, effective July 25, 2014

Chapter I Department of Natural Resources

Subchapter f Administrative Services

Part 2530 Revocation Procedures for Conservation Offenses

17 Ill. Adm. Code 2530.350 Service (department Initiated Proceeding) (repealed)

History

• Source: Repealed at 38 Ill. Reg. 17001, effective July 25, 2014

17 Ill. Adm. Code 2530.355 General Procedures of Hearings

a) Upon timely receipt of a Petition or Complaint for Hearing, the Director of the Department of Natural Resources or his or her designee shall designate a Hearing Officer. The Hearing Officer shall be a licensed attorney. Staff members of the Office of Law Enforcement, witnesses and the Director shall not serve as Hearing Officers. The appointed Hearing Officer shall not have direct involvement in the case or have an interest in the decision to be reached. Mere familiarity with the facts shall not disqualify a Hearing Officer.

b) The Hearing Officer shall set a date, time and place for a hearing to be held within 90 days after receipt of a timely request for hearing.

c) The hearing shall be held in the offices of the Department in Springfield, Illinois or in such other place as the Hearing Officer shall, for stated cause, designate. The Hearing Officer shall give notice at least 15 days prior to the date of the hearing to the parties, in accordance with this Part.

d) Failure to comply with this Part may not be used as a defense to a proceeding under this Part, but any person adversely affected by a failure of compliance may have the hearing postponed if prejudice is shown, upon motion to the Hearing Officer.

e) Any pleadings, motions or orders shall be served by First Class United States mail or by electronic mail at the address provided by the Hearing Officer, and copies shall be sent to all parties and the Hearing Officer, with proof of service. Proof of service of any paper other than the petition shall be by certificate of service.

History

• Source: Added at 38 Ill. Reg. 17001, effective July 25, 2014

17 Ill. Adm. Code 2530.360 Time and Location of Hearing

a) Within 60 days after the service of the Department's Complaint or within 60 days after receipt of a Petition for Hearing, the Hearing Officer shall set a date and time for a pre-hearing conference and a date, time and place for hearing.

b) The hearing shall be held in the offices of the Department in Springfield, Illinois or in such other place as the Hearing Officer shall for stated cause designate. He shall give notice at least 15 days prior to the date of the hearing to the parties, in accordance with this Part.

c) Failure to comply with the provisions of this Part may not be used as a defense to a proceeding under this Part, but any person adversely affected by a failure of compliance may have the hearing postponed if prejudice is shown, upon motion to the Hearing Officer.

History

• Source: Amended at 38 Ill. Reg. 17001, effective July 25, 2014

17 Ill. Adm. Code 2530.370 Prehearing Conferences

a) Upon motion of a party and/or upon written notice by the Hearing Officer, the parties or their attorneys may be directed to appear at a specific time and place for a pre-hearing conference, before the hearing, for the purpose of formulating issues and considering:

1. the simplification of issues;

2. the necessity or desirability of amending the pleadings for the purpose of clarification, amplification or limitation;

3. the possibility of making admissions of certain averments of facts or stipulations concerning the use of either or both parties of matters of public record to avoid unnecessary introduction of proof;

4. the limitation of the number of witnesses;

5. the propriety of prior mutual exchange between or among the parties of prepared testimony and exhibits;

6. in hearings or in defaults involving accumulation of points assessed due to violations of the Timber Buyers Licensing Act, mitigation and aggravation factors, if applicable, in determining the appropriate number of points and length of suspension of the Petitioner; and

7. such other matters as may aid in the simplification of the evidence and disposition of the proceeding.

b) At the pre-hearing conference, the Hearing Officer shall set a date for hearing within 60 days unless agree to otherwise or for good cause.

c) Action taken at the pre-hearing conference shall be recorded in an order prepared by the Hearing Officer.

History

• Source: Amended at 38 Ill. Reg. 17001, effective July 25, 2014

17 Ill. Adm. Code 2530.380 Authority of Hearing Officer

The Hearing Officer shall have the duty to conduct a fair hearing, to take all necessary action to avoid delay, to maintain order, and to ensure development of a clear and complete record. He shall have all powers necessary to these ends, including but not limited to the power to:

a) Rule upon offers of proof and receive evidence and rule upon objections to the introduction of evidence;

b) Regulate the course of the hearings and the conduct of the parties and their counsel in those hearings;

c) Interrogate witnesses;

d) Hold pre-hearing conferences for settlement, simplification of the issues, or any other proper purpose;

e) Determine the timing and form of motions and responses by the parties;

f) Rule on the necessity or desirability of amending the pleadings for the purpose of clarification, amplification or limitation;

g) Rule on motions, issues on admissions or stipulations;

h) Rule on the limitation of the number of witnesses and limitation of issues and evidence;

i) Issue or deny the issuance of subpoenas requested by the parties;

j) Consider factors in mitigation and aggravation in determining the appropriate length of suspension sentencing in Department initiated revocations/suspensions based upon course of conduct only, pursuant to Section 2530.310;

k) Rule on such other matters as may aid in the simplification of the evidence and disposition of the proceeding; and

l) Rule on the propriety of prior mutual exchange between or among the parties of prepared testimony and exhibits and other discovery. No discovery described by Supreme Court Rule 201 will be permitted prior to a hearing, except by permission of the Hearing Officer.

History

• Source: Amended at 45 Ill. Reg. 8415, effective June 23, 2021

17 Ill. Adm. Code 2530.390 Order of Administrative Hearings

The following shall be the order of all administrative hearings, subject to modification by the Hearing Officer for good cause;

a) Presentation, argument and disposition of motions preliminary to a hearing on the merits of the matters raised in the complaint/petition;

b) Presentation of opening statements;

c) Presentation of Complainant's/Petitioner's case in chief;

d) Presentation of Respondent's/Defendant's case in chief;

e) Presentation of Complainant's/Petitioner's rebuttal case;

f) Statements from interested parties, if authorized by the Hearing Officer;

g) Presentation of closing argument, which may include legal argument;

h) Presentation and argument of all motions prior to final order.

History

• Source: Amended at 45 Ill. Reg. 8415, effective June 23, 2021

17 Ill. Adm. Code 2530.400 Official Notice

Official notice shall be taken of all facts of which judicial notice may be taken, and of other facts within the specialized knowledge and experience of the Department. Parties shall be afforded an opportunity to contest material officially noticed.

History

• Source: Amended at 6 Ill. Reg. 10687, effective August 25, 1982

17 Ill. Adm. Code 2530.410 Default

Failure of a party to appear on the date set for pre-hearing or hearing as ordered by the Hearing Officer shall constitute a default.

History

• Source: Amended at 38 Ill. Reg. 17001, effective July 25, 2014

17 Ill. Adm. Code 2530.420 Evidence

a) The Hearing Officer will receive evidence that is admissible under the law of the rules of evidence of Illinois pertaining to civil actions. In addition, the Hearing Officer may receive material, relevant evidence that would be relied upon by reasonably prudent persons in the conduct of serious affairs that is reasonably reliable and reasonably necessary to resolution of the issue for which it is offered.

b) The Hearing Officer shall exclude from consideration immaterial, irrelevant and repetitious evidence.

c) When the admissibility of disputed evidence depends upon an arguable interpretation of substantive law, the Hearing Officer shall admit that evidence.

d) The Hearing Officer may order the record of any relevant prior proceeding before the Department or part thereof incorporated into the record of the present proceeding.

e) Relevant scientific or technical articles, treatises or materials may be introduced into evidence subject to refutation or disputation through any introduction of comparable documentary evidence or expert testimony.

f) Department Initiated Revocations/Suspensions

A party may introduce evidence as grounds that would demonstrate factors in mitigation or factors in aggravation of the relief sought in the complaint.

g) The Hearing Officer shall take only the following matters into consideration in hearings for cases of suspension/revocation based on accumulation of points imposed under Subpart B:

1. was the Petitioner found guilty of the offenses outlined in the Notice of Suspension;

2. were points for those offenses properly assessed; and

3. was suspension/revocation properly imposed.

History

• Source: Amended at 38 Ill. Reg. 17001, effective July 25, 2014

17 Ill. Adm. Code 2530.430 Motions and Answers

a) All motions preliminary to a hearing shall be presented to the Hearing Officer at least five (5) days prior to the date of the hearing or on such other date as the Hearing Officer shall designate. All motions to dismiss or strike the complaint or challenging the jurisdiction of the Department shall be filed within fifteen (15) days after receipt of complaint, directed to the Hearing Officer and shall be disposed of prior to hearing on the complaint. All motions must be served on all parties to the proceeding. The response of the Department and such other parties so served shall be filed within fifteen (15) days subsequent to delivery to the Hearing Officer

b) Unless made orally on the record during a hearing, a motion shall be in writing.

c) Within fifteen (15) days after service of a written motion, or such other period as the Hearing Officer may prescribe, a party other than the party who filed the motion may file a response in support of or in opposition to the motion, accompanied by affidavits or other evidence. If no response is filed, the parties shall be deemed to have waived objection to the granting of the motion, but such waiver of objection does not automatically constitute grounds for allowance of the motion.

History

• Source: Amended at 10 Ill. Reg. 20201, effective November 25, 1986

17 Ill. Adm. Code 2530.470 Administrative Record

a) The record of the hearing approved by the Hearing Officer and all exhibits offered in connection with the hearing shall constitute the administrative record, and it shall be so certified by the Hearing Officer.

b) The administrative record in a contested case shall include:

1. all pleadings (including all notices and responses thereto), motions and rulings;

2. evidence admitted or preserved;

3. a statement of matters officially noticed;

4. offers of proof, objections and rulings thereon;

5. proposed findings and exceptions;

6. any decision, opinion or report by the Hearing Officer, including findings of fact and conclusions of law;

7. the Department's final order; and

8. A recording of the hearing that adequately ensures the preservation of the proceedings or a transcript of the recording, if one is made at the request of another party.

c) Findings of fact shall be based exclusively on the evidence and on matters officially noticed.

History

• Source: Amended at 38 Ill. Reg. 17001, effective July 25, 2014

17 Ill. Adm. Code 2530.480 Briefs and Oral Arguments

a) The parties may submit written briefs within ten (10) days after the close of the hearing, or such other reasonable time as the Hearing Officer shall determine consistent with the Department's responsibility for expeditious decision.

b) No oral argument will be heard on a motion unless the Hearing Officer directs otherwise. A written brief may be filed with a motion or an answer to a motion, stating the arguments and authorities relied on.

c) Written motion will be disposed of by written order and transmitted to all parties in accordance with this part.

History

• Source: Amended at 10 Ill. Reg. 20201, effective November 25, 1986

17 Ill. Adm. Code 2530.482 Decision, Order and Disposition

a) Decision and Order

1. Findings of facts shall be based exclusively on the evidence and on matters officially noticed.

2. The Department shall prepare a written order and opinion for all final determinations. The order shall include findings of fact and conclusions of law and shall be signed by the Director after considering the Hearing Officer's recommendations.

3. Findings shall include specific references to principal supporting items of evidence in the record.

4. Findings of fact and conclusions of law must be separately stated.

5. The Department's final order may include any or all of the following:

A) A direction to cease and desist from violations of the Department's rules and orders;

B) Suspension of licenses, permits or privileges;

C) Revocation of a license or permit; or

D) Other determinations that may be appropriate.

6. The Department shall notify all parties or their agents by mail of any final order.

7. The Department's order shall be the final administrative decision of the Department, noting that it is appealable to the Circuit Court, pursuant to the Administrative Review Law [735 ILCS 5/Art. III].

b) Unless precluded by law, the Department may dispose of a case by stipulation, agreed order, settlement, consent order or default. The Department may impose a suspension of privileges for up to 60 months, or longer if a suspension is pursuant to the Timber Buyers Licensing Act or if denial of access privileges under Section 805-518 of the Civil Administrative Code is imposed.

c) The suspension of privileges shall remain in effect until payment of appropriate reinstatement fees, as found in Section 2530.610, and processing of those fees by the Office of Law Enforcement.

d) Failure of a party to appear on the date set for a pre-hearing or hearing, or failure to proceed as ordered by the Hearing Officer, shall constitute a default. If a party fails to appear, the Hearing Officer shall make a finding and prepare an order for the Director. No further action will be taken on the matter and the suspension/revocation will be imposed as stated in the Complaint or Notice of Suspension.

History

• Source: Amended at 38 Ill. Reg. 17001, effective July 25, 2014

Chapter I Department of Natural Resources

Subchapter f Administrative Services

Part 2530 Revocation Procedures for Conservation Offenses

17 Ill. Adm. Code 2530.484 Compelling Appearance at Hearing

The appearance at the Hearing of a party or a person who at the time of the hearing is an officer, director or employee of a party may be required by serving the party with a notice designating the person who is required to appear, if the Hearing Officer rules that the appearance of that person is necessary to assist in the resolution of the issue raised in the proceeding. A party may subpoena any witness, no earlier than receipt of the notice of hearing and no later than 14 days before the hearing, by requesting that the Hearing Officer issue a subpoena to compel the attendance of the witness. If the party or person is a non-resident of the State, the Hearing Officer shall provide by order the terms and conditions in connection with that party's or person's appearance at the hearing as are just, including payment of the party's or person's reasonable expenses. The notice also may require production at the hearing of documents or tangible things. The party requesting the appearance of any person shall pay that person's reasonable expenses unless the person whose appearance is requested is an employee of a party to the Hearing.

History

• Source: Amended at 38 Ill. Reg. 17001, effective July 25, 2014

17 Ill. Adm. Code 2530.486 Recording of Hearing

The Hearing shall be recorded by a means that adequately ensures the preservation of the proceedings, as described in Section 2530.470, and shall be transcribed on request of any party or for administrative review. However, the party requesting a transcription shall be responsible for all costs associated with the transcription.

History

• Source: Amended at 38 Ill. Reg. 17001, effective July 25, 2014

17 Ill. Adm. Code 2530.488 Hearings on Timber Buyers – Second and Subsequent Suspensions

Whenever a Timber Buyer receives notice that sufficient points have been assessed under Section 2530.240(b)(2) or (b)(3) for a second or subsequent suspension, a hearing shall be scheduled to determine the actual length of suspension to be imposed. In the event a default occurs, as defined in Section 2530.410, the Hearing Officer shall have authority to determine the length of suspension, taking into consideration items of evidence outlined in Section 2530.420 and the minimum and maximum points allowed under Section 2530.240(b)(2) or (b)(3).

History

• Source: Amended at 35 Ill. Reg. 13268, effective July 26, 2011

17 Ill. Adm. Code 2530.490 Decision and Order (repealed)

History

• Source: Repealed at 38 Ill. Reg. 17001, effective July 25, 2014

17 Ill. Adm. Code 2530.500 Interstate Wildlife Violator Compact Membership

As authorized by Section 805-545 of the Civil Administrative Code of Illinois, the Department shall be a member of the Interstate Wildlife Violator Compact.

a) The Interstate Wildlife Violator Compact is an agreement that recognizes suspension of hunting, fishing and trapping licenses in member states. The Compact provides that information on convictions in the other states in participating states shall be forwarded to the home state of the violator. The home state shall treat convictions in the other states as if they had occurred in that state for the purposes of license suspension actions. The Compact not only assures equal treatment of residents and non-residents of participating states, but also enhances the law enforcement services and deterrent value of time spent patrolling by uniformed officers. This means that illegal activities in one state can affect a person's hunting or fishing privileges in all participating states. Any person whose license privileges or rights are suspended in a member state may also be suspended in Illinois. If a person's hunting, fishing or trapping rights are suspended in Illinois, they may also be suspended in members states as well. This cooperative interstate effort will enhance the Department's ability to protect and manage Illinois' wildlife resources.

b) The following states are current members of the Interstate Wildlife Violation Compact:

Alabama, Alaska, Arizona, California, Colorado, Florida, Georgia, Idaho, Illinois, Iowa, Indiana, Kansas, Kentucky, Louisiana, Maryland, Michigan, Minnesota, Mississippi, Missouri, Montana, Nevada, New Mexico, New York, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, Wyoming. This list does not preclude enforcement of suspensions imposed in states not included in this list that later join as a Compact member.

c) Illinois residents who are cited for aquatic life or wildlife violations in another state that is a member of the Compact, and who do not comply with the citing state's requirements for court appearance, shall receive notice of:

1. revocation of all licenses and permits held under the Fish and Aquatic Life Code and the Wildlife Code issued by the Department; and

2. suspension of all aquatic life and wildlife privileges.

d) Persons receiving notice of revocation/suspension for non-compliance shall have the right to a hearing pursuant to Subpart D.

e) Any suspension imposed for non-compliance of another Compact state's hunting or fishing laws or regulations (e.g., failure to appear in Court or failure to pay a fine) shall be in effect in the State of Illinois until the Department is notified by the other state that compliance has been reached. Upon receipt of notice of compliance, the suspension shall be terminated in Illinois and privileges reinstated by the Department. Illinois regulations for reinstatement of privileges (see Subpart F) still apply.

f) Pursuant to Section 20-105 of the Fish and Aquatic Life Code and Section 3.36 of the Wildlife Code, suspension of privileges by any Compact member state shall automatically result in suspension for the same period in Illinois.

g) Within 15 days after receipt of the appropriate reinstatement fee, if applicable, and after the Office of Law Enforcement receives an order from a Circuit Court or Department Director that a suspension is terminated and/or will end on a certain date, the Office of Law Enforcement shall notify the Interstate Wildlife Violator Compact that the suspension has been terminated.

History

• Source: Amended at 38 Ill. Reg. 17001, effective July 25, 2014

17 Ill. Adm. Code 2530.600 Reinstatement Procedures

a) Any person whose privileges have been suspended may have his or her privileges reinstated in one of the following manners:

1. through successful completion of the period of suspension;

2. as a final determination of a hearing conducted as a result of the person's timely appeal of a summary suspension imposed pursuant to Subpart B of this Part or immediate eviction pursuant to Subpart H of this Part; or

3. through a written order issued by the Department in accordance with Subpart D.

b) Once a person's privileges have been reinstated, the Department shall process that information within a reasonable time frame, but in no event shall the processing take longer than of 15 working days.

History

• Source: Amended at 38 Ill. Reg. 17001, effective July 25, 2014

17 Ill. Adm. Code 2530.610 Reinstatement Fees

a) The following fees shall be applied to proceedings under this Part:

Type of Suspension

First Suspension

Subsequent Suspensions

Notice of Eviction from Department lands (except 90 day Notice of Eviction suspension)

$50

$100

Administrative (Officer request, etc.)

$50

$100

Non-Compliance (Interstate Wildlife Violator Compact)

$50

$100

Non-Commercial Point Suspension

$50

$100

Commercial Point Suspension

$100

$200

Reckless Operation of Snowmobile or Watercraft/ Failure to Yield to an Emergency Watercraft/Failure to Report a Watercraft Accident

$100

$200

Watercraft/Snowmobile OUI and Refusal

$250

$500

b) Reinstatement fees shall be made by cashier's check, bank check or money order and submitted to:

IDNR Office of Law Enforcement

One Natural Resources Way

Springfield IL 62702

c) All suspensions of privileges remain in effect until the appropriate reinstatement fee is received and processed by the Office of Law Enforcement. The Office of Law Enforcement has 15 business days after receipt of payment to process the reinstatement fee.

History

• Source: Added at 38 Ill. Reg. 17001, effective July 25, 2014

17 Ill. Adm. Code 2530.700 Suspension of Operating Privileges

a) Pursuant to the Illinois Snowmobile Registration and Safety Act [625 ILCS 40] and the Illinois Boat Registration and Safety Act [625 ILCS 45], the Department is mandated to suspend operating privileges for certain violations. This includes violations of, but may not be limited to:

625 ILCS 40/5-7; Operating a Snowmobile While Under the Influence

625 ILCS 45/5-2; Reckless Operation of a Watercraft

625 ILCS 45/6-1a-1; Leaving the Scene of a Watercraft Accident

625 ILCS 45/5-16; Operating a Watercraft While Under the Influence

625 ILCS 45/5-22; Failure to Yield to an Emergency Watercraft

b) Whenever suspensions under this Section are imposed by the Department, they shall be implemented in accordance with, and to the maximum extent allowed by, law.

History

• Source: Added at 32 Ill. Reg. 17481, effective October 24, 2008

Chapter I Department of Natural Resources

Subchapter f Administrative Services

Part 2530 Revocation Procedures for Conservation Offenses

17 Ill. Adm. Code 2530.800 Applicability

This Subpart governs practice and procedures under the jurisdiction of the Department for the following:

a) The immediate eviction and removal from Department lands for up to 90 days (see Sections 2530.810, 2530.820 and 2530.830); or

b) The eviction from Department lands for longer than 90 days sought by the Department based upon the course of conduct (see Sections 2430.830, 2530.840 and 2530.850).

History

• Source: Added at 38 Ill. Reg. 17001, effective July 25, 2014

17 Ill. Adm. Code 2530.810 Immediate Eviction and Removal from Department Lands for Up to 90 Days

a) As authorized by Section 805-518 of the Civil Administrative Code, the Department shall have the authority to remove or ban any individual engaged in illegal activities or disorderly conduct from any lands owned, leased or managed by the Department and lands dedicated as Nature Preserves or buffer areas under the Natural Areas Preservation Act, and deny future entry to those lands by way of revocation and/or suspension of access privileges.

b) This immediate eviction and removal shall be served on a Notice of Eviction form. The Notice of Eviction form shall contain, at a minimum, the following information:

1. Name, address and date of birth of person being served;

2. The site or area in which the person is evicted and removed;

3. The nature of the offense, including the citation of the relevant portions of the State or federal statute, the Illinois Administrative Code or the Code of Federal Regulations;

4. The date Notice of Eviction is served;

5. The starting and ending dates of the eviction and removal;

6. Consequences for returning during the period of eviction;

7. Procedures for appealing the eviction; and

8. Other information deemed necessary by the Department.

c) Persons who re-enter land from which they have been evicted and removed may be subject to arrest for criminal trespass of State-supported land in violation of Section 21-5 of the Criminal Code of 2012 or other applicable violations of the law.

d) Persons wishing to appeal an immediate eviction and removal shall do so in writing within 30 days after the date the Notice of Eviction is served.

e) Any person who is issued a Notice of Eviction shall have the right to appeal by filing a Petition for Hearing.

History

• Source: Added at 38 Ill. Reg. 17001, effective July 25, 2014

17 Ill. Adm. Code 2530.820 Request for Hearing to Appeal Immediate Eviction and Removal

a) Any person who is issued a Notice of Eviction requiring him or her to remove himself or herself from Department lands shall have the right to appeal by filing two copies of a Petition for Hearing.

1. Both copies of the Petition for Hearing shall be mailed to or filed with:

Office of Legal Counsel

Illinois Department of Natural Resources

One Natural Resources Way

Springfield IL 62702-1271

2. The petitions must be received by the Department no later than 30 days after the Notice of Eviction and Removal is served for the petition to be considered.

b) If no petition is received within 30 days by the Office of Legal Counsel, the eviction and removal will be considered final without further notice.

c) The petition shall be styled "In Re the eviction of (name) , PETITION FOR HEARING". The petition shall contain sufficient facts in justification of a hearing and be signed by the Petitioner (person who was evicted).

d) The party filing the petition shall be designated the Petitioner. The Department shall be designated the Respondent.

History

• Source: Added at 38 Ill. Reg. 17001, effective July 25, 2014

Chapter I Department of Natural Resources

Subchapter f Administrative Services

Part 2530 Revocation Procedures for Conservation Offenses

17 Ill. Adm. Code 2530.830 Eviction and Removal from Department Lands for Longer Than 90 Days

a) This Section governs the practices and procedures related to the eviction and removal from Department lands for a period of time in excess of 90 days. As authorized by Section 805-518 of the Civil Administrative Code, the Department shall have the authority to remove or ban any individual engaged in illegal activities or disorderly conduct from any lands owned, leased or managed by the Department, and lands dedicated as Nature Preserves or buffer areas under the Natural Areas Preservation Act, and deny future entry to the same by way of revocation and/or suspension of access privileges.

b) In addition to, or in lieu of, the 90 day Notice of Eviction, the Department may request a hearing to evict and remove from Department lands violators of camping regulations as described in 17 Ill. Adm. Code 110.180 (Public Use of State Parks and Other Properties of the Department of Natural Resources) and 130.150 (Camping on Department of Natural Resources Properties). Violators shall only be subject to an eviction for a maximum of 365 days, as described in 17 Ill. Adm. Code 130.150(b).

c) In addition to, or in lieu of, the 90 day Notice of Eviction, the Department may request a hearing to revoke and/or suspend the access privileges authorized by Section 805-515 of the Civil Administrative Code for cases involving illegal activities other than those described in 17 Ill. Adm. Code 110 and 130. Violators shall be evicted from Department lands for crimes committed on any Department land for a period of time equivalent to maximum statutory penalties for the crimes committed under the Criminal Code of 2012, unless otherwise indicated, for the following criminal categories:

1. Petty offenses, up to 6 months eviction;

2. Class C misdemeanors;

3. Class B misdemeanors;

4. Class A misdemeanors;

5. Class 4 felonies;

6. Class 3 felonies;

7. Class 2 felonies;

8. Class 1 felonies; or

9. Class X felonies.

History

• Source: Added at 38 Ill. Reg. 17001, effective July 25, 2014

17 Ill. Adm. Code 2530.840 Department Request for Eviction and Removal Longer Than 90 Days

a) Proceedings for Department requests for eviction from Department lands for a period in excess of 90 days shall be commenced by the service of a notice and a Complaint upon the Respondent.

b) The Complaint shall contain the following:

1. A description of any violations committed by Respondent on Department lands;

2. A concise statement of the relief that the Department seeks; and

3. A statement that the relief stated in the Complaint shall be granted if the Respondent does not answer, respond or attend a hearing as set out in this Part.

c) A copy of the notice and Complaint shall either be served personally on the Respondent or his authorized agent, or shall be served by registered or certified mail with return receipt signed by the Respondent or his or her authorized agent. Proof of service of the Complaint shall be made by affidavit of the person making personal service, or by properly executed registered or certified mail receipt.

History

• Source: Added at 38 Ill. Reg. 17001, effective July 25, 2014

17 Ill. Adm. Code 2530.850 Procedures for Eviction/Removal Hearings

All procedures for eviction and removal hearings are found in Subpart D.

History

• Source: Added at 38 Ill. Reg. 17001, effective July 25, 2014

Part 2575 Relocation Assistance and Payments Program

17 Ill. Adm. Code 2575.10 Purpose

The purpose of this Part is to provide for relocation and reestablishment of persons, businesses, farm operations and nonprofit organizations displaced as a result of the acquisition of land for State conservation projects. This Part is intended to establish a means of providing relocation services and of making moving cost payments, replacement housing cost payments, and other expense payments in order that such displaced persons or businesses do not suffer disproportionate injuries as a result of programs designed to assure compliance with federal requirements in order to assure federal participation on federally-aided projects.

17 Ill. Adm. Code 2575.15 Incorporation by Reference

Procedures for relocation assistance and payments shall be the same as found in Title 49 of the Code of Federal Regulations, Part 24, as published in the Federal Register on March 2, 1989 and amended in the Federal Register on April 30, 1993 (no incorporations in this Part include later amendments or editions).

Part 2580 Conservation Stewardship Program

17 Ill. Adm. Code 2580.10 Definitions

"Conservation Management Plan" means a plan approved by the Department of Natural Resources that specifies conservation and management practices including uses that will be conducted to preserve and restore unimproved land. [35 ILCS 200/10-405]

"Conservation Stewardship Program" or "CSP" means the program described in this Part designed to incentivize landowners to maintain, preserve, conserve and manage unimproved land by reducing the valuation of property taxes of landowners with a conservation management plan approved by the Department.

"Contiguous" means not separated by anything other than rivers, streams, road or right-of-way easement.

"Department" means the Illinois Department of Natural Resources.

"Managed Land" means unimproved land of 5 contiguous acres or more that is subject to a conservation management plan.

"Materially Disturbs the Land" means to degrade the natural state of the land.

"Schedule of Practices" means a table indicating the type of management practice, years each practice will occur, the Stand number each practice occurs within, and the approximate acreage each management practice will cover over the 10-year management period.

"Stand" means a management unit delineated based on land cover type (forest, pond, prairie, wetland), species composition, topography, and/or vegetation age.

"Taxpayer" means the individual or entity responsible for payment of taxes on the enrolled land or on the land for which enrollment in CSP is sought.

"Unimproved Land" means woodlands, prairie, wetlands or other vacant and undeveloped land that is not used for any residential or commercial purpose that materially disturbs the land. [35 ILCS 200/10-405]

History

• Source: Amended at 48 Ill. Reg. 5725, effective March 27, 2024

17 Ill. Adm. Code 2580.20 Eligibility

a) A taxpayer who has a conservation management plan for unimproved land of 5 or more contiguous acres may be accepted into the Conservation Stewardship Program. Unimproved land in Cook County is not eligible for the special valuation under this Section.

b) A taxpayer may apply for reassessment under this Section, and shall not be penalized for doing so, if the taxpayer owns land:

1. included in a forestry management plan under Section 10-150 of the Property Tax Code [35 ILCS 200/10-150];

2. registered or encumbered by conservation rights under Section 10-166 of the Property Tax Code [35 ILCS 200/10-166]; or

3. registered as a Land and Water Reserve under Section 16 of the Illinois Natural Areas Preservation Act [525 ILCS 30/16].

c) A taxpayer may apply for reassessment of land formerly assessed as farmland under Sections 10-110 through 10-145 of the Property Tax Code [35 ILCS 200/10-110 through 10-145] during the first year in which the land is not used for farm purposes as defined in Section 1-60 of the Property Tax Code. The special valuation offered under this Section cannot be applied to land formerly assessed as farmland until the second year in which the land is not used for farm purposes.

d) A taxpayer must have legal access (not landlocked) to the land prior to enrollment.

e) Conservation Stewardship Program enrollment expires after 10 years. For continuous CSP tax valuation, taxpayers must reapply for CSP prior to the expiration of their 10-year enrollment plan.

f) If ownership of the enrolled land changes during the term of an existing CSP, the Department will allow new landowners to continue the CSP enrollment. For this to occur, landowners must provide an updated tax bill or deed, Stand map, Schedule of Practices, and a change of ownership form to the Department for approval. The change of ownership form can be found on the Department's website, www.dnr.illinois.gov.

g) Upon approval, the new CSP landowners will receive a certification letter with their enrollment expiration date and information regarding the management practices indicated in their Schedule of Practices. The expiration date of the CSP enrollment will remain the same. If the new landowner does not elect to continue in the CSP and complete enrollment within 6 months of the date of sale of the enrolled land, the Department will remove the enrolled land from CSP and notify the chief county assessment officer and the Illinois Department of Revenue.

h) A taxpayer must timely pay all tax debts on the CSP land, and the CSP land must not be in foreclosure at any time during the enrollment process or during enrollment in CSP. Failure to timely pay all tax debts on CSP land, or keep CSP land out of foreclosure at any time during the enrollment process or while enrolled will result in removal of the land from the program.

i) Changes in ownership that result in CSP eligible land being below 5 acres will result in removal from the program.

History

• Source: Amended at 48 Ill. Reg. 5725, effective March 27, 2024

17 Ill. Adm. Code 2580.30 Conservation Management Plan Development

a) A taxpayer requesting special valuation of unimproved land under this Section must first submit a conservation management plan for that land to the Department for review. The submission of an application for a conservation management plan under Section 10-415 of the Property Tax Code [35 ILCS 200/10-415] or of a forestry management plan under Section 10-150 of the Property Tax Code shall be treated as compliance with the requirements of that plan until the Department can review the application. The conservation management plan may be prepared by the taxpayer or his/her representative and shall include those items listed under Sections 2580.40 through 2580.160. The Department shall provide a means for submittal of conservation management plans via the Internet at http://dnr.

state.il.us. Conservation management plans may also be submitted to the Department as a hard copy via standard means of delivery. Conservation management plans submitted in hard copy should be sent to:

Conservation Stewardship Program

Office of Resource Conservation

Illinois Department of Natural Resources

One Natural Resources Way

Springfield IL 62702-1271

b) A taxpayer whose eligibility is based on Section 2580.20(b) shall not be required to submit a new conservation management plan if a management plan prepared as a condition of the programs listed in Section 2580.20(b) has been approved by the Department.

c) Management plans prepared for participation in other conservation programs administered by the Department and approved by the Department will be accepted as a conservation management plan provided that the plan includes a description of the managed land and specifies the conservation and management practices to be implemented on the managed land as required by Section 10-410 of the Property Tax Code.

History

• Source: Amended at 39 Ill. Reg. 7702, effective May 18, 2015

17 Ill. Adm. Code 2580.40 Taxpayer Contact Information

The taxpayer's name, mailing address, electronic mail (e-mail) address and phone numbers shall be included in the conservation management plan.

History

• Source: Amended at 48 Ill. Reg. 5725, effective March 27, 2024

17 Ill. Adm. Code 2580.50 Location of Managed Land

The location of the managed land for which the conservation management plan is prepared shall include the section, township, range, principal meridian and county name. The property index number or parcel number (where used by the County Assessor's Office) shall also be provided.

17 Ill. Adm. Code 2580.60 Maps of Managed Land

Maps of the managed land to be enrolled and the surrounding vicinity shall be included with the application. The map shall be at a minimum scale of 2 inches to the mile and shall depict an area large enough to include local landmarks (roads, streams, municipalities, etc.) that allows a reviewer to locate the managed land within a larger landscape. Maps must be printed on 8.5" x 11" paper. An aerial Stand map (identifies areas designated for native species management (Stands)) and a tax assessor's Property Index Number map are required.

History

• Source: Amended at 48 Ill. Reg. 5725, effective March 27, 2024

17 Ill. Adm. Code 2580.70 Description of Managed Land

The size in acres of the managed land shall be specified in the conservation management plan. The conservation management plan shall also include a description of the habitat type (woodland, wetland, prairie, etc.) that currently exists on the managed land.

17 Ill. Adm. Code 2580.80 Recent History of Managed Land

The conservation management plan shall include a description of the recent (up to 10 years, if known) uses of the managed land and any natural resource management that has been implemented on the managed land during that time.

17 Ill. Adm. Code 2580.90 Plants and Animals Present

A list of the plants and animals known to exist on the managed land shall be included. The list shall include the names of plants and animals that can be identified by the taxpayer or other users of the managed land or a general listing of types of plants and animals (large trees, tall grasses, birds, small animals, fish, etc.).

17 Ill. Adm. Code 2580.100 Adjacent Land Use

The conservation management plan shall include a general description of the present uses of land adjoining the managed land (residential, agricultural, forest, grassland, public roadway, etc.). The use of adjoining land to the north, south, east, and west of the managed land shall be specified.

17 Ill. Adm. Code 2580.110 Management Objectives

The conservation management plan shall include a description of the specific management objectives to be pursued on the managed land, for example, management of existing habitat types, conversion/restoration to historic habitat type (e.g., woodland, wetland, prairie), reduction of erosion and/or removal of invasive/exotic species. If more than one management objective is to be pursued, each shall be described and the portion of the managed land on which each will be applied shall be specified and delineated on the map included in the conservation management plan.

History

• Source: Amended at 39 Ill. Reg. 7702, effective May 18, 2015

17 Ill. Adm. Code 2580.120 Management Practices

a) The specific management practices (herbicide application, planting, prescribed burning, tree thinning, water control structures, etc.) that will be used to achieve the management objectives shall be described. If a management practice is to be implemented on only a portion of the managed land, the portion on which each practice will be applied shall be specified and delineated on an aerial map included in the conservation management plan.

b) The description of management practices to be implemented on the managed land shall include a Schedule of Practices for the entire 10-year program commitment.

c) During the third, sixth, and ninth years of the enrollment period, the landowner shall report to the Department the management practices that were implemented the previous three years. Reports must be returned to the Department by March 31 of the following year using the CSP triennial report form. This form can be found at the Department's website: www.dnr.illinois.gov/conservation/csp.html. For monitoring purposes, any receipts, expenditures, or invoices related to management work completed on the enrolled land must be provided to the Department with the triennial report form.

History

• Source: Amended at 48 Ill. Reg. 5725, effective March 27, 2024

17 Ill. Adm. Code 2580.130 Protection Measures

The conservation management plan shall include a description of any known or foreseeable threats to the managed land that may affect management decisions (injurious insects, disease, contaminants or other environmental problems, wildfire risk, nearby development, etc.). Protective measures that will be used to minimize or mitigate negative effects of those threats shall be described.

17 Ill. Adm. Code 2580.140 Exotic/Non-Native Invasive Species

Exotic plants that have been identified on the managed land shall be listed in the conservation management plan. The conservation management plan shall include a description of practicable management practices specifically intended to reduce or eliminate exotic plants from the managed land. No conservation management plan shall include the intentional introduction of exotic plants. For the purposes of this Part, exotic plants shall be those included on a list maintained by the Department available at http://dnr.state.il.us or by writing to the Conservation Stewardship Program at the address listed in Section 2580.30(a).

History

• Source: Amended at 39 Ill. Reg. 7702, effective May 18, 2015

17 Ill. Adm. Code 2580.150 Uses of Managed Land to Be Allowed by Landowner

The uses and activities that the landowner intends to allow on the managed land shall be described (hunting, hiking, mushroom collecting, fishing, birding, nut and berry collection, firewood collection, etc.). Enrollment of managed land in the Conservation Stewardship Program creates no obligation on the part of the landowner to allow public access to or use of the managed land.

17 Ill. Adm. Code 2580.160 Taxpayer Signature

A conservation management plan submitted as a hard copy shall be signed and dated by the taxpayer. A conservation management plan submitted via the Internet shall include the electronic signature of the taxpayer. The Department shall provide a certification form that must be signed by the taxpayer and sent to the Department in lieu of an electronic signature.

History

• Source: Amended at 39 Ill. Reg. 7702, effective May 18, 2015

17 Ill. Adm. Code 2580.170 Plan Review and Appeal Procedures

a) The Department will review all conservation management plans received from taxpayers to determine compliance with the Conservation Stewardship Law and other applicable laws and regulations including, but not limited to, the Illinois Endangered Species Protection Act [520 ILCS 10] and the Illinois Natural Areas Preservation Act [525 ILCS 30].

b) Upon receipt of an application and an approved conservation management plan, the Department shall certify to the Department of Revenue the application as being an approved plan for the purpose of the Conservation Stewardship Law (see 35 ILCS 200/10-415(e)). The conservation management plan will be reviewed by the Department. If the plan meets all requirements of the Act, the Department will notify the Department of Revenue of the acceptance of the plan. If the plan does not satisfy the requirements of the Act, the Department will provide the taxpayer an explanation of the deficiencies and give a date by which a revised plan must be submitted to the Department to maintain eligibility for the special valuation. No more than 90 days will be allowed for revision of all documents that do not meet the requirements of the Act on first submission. If the taxpayer fails to submit revised documentation by the specified date, the Department will remove the taxpayer from the list of those eligible for the special valuation. The taxpayer will be eligible to resubmit a new application if the deadline was not met for supporting documentation.

c) Pursuant to Section 10-415(e) of the Property Tax Code, a taxpayer may appeal the denial of a conservation management plan to an independent 3-member panel to be established within the Department. A taxpayer who wishes to appeal the denial of a conservation management plan shall send notice of the intent to appeal to Office of Legal Counsel, ATTN: Conservation Management Appeals, at the address listed in Section 2580.30(a).

d) Procedures governing the hearing of appeals are set forth in 17 Ill. Adm. Code 2530 – Revocation Procedures for Conservation Offenses.

History

• Source: Amended at 39 Ill. Reg. 7702, effective May 18, 2015

17 Ill. Adm. Code 2580.180 Conservation Management Plan Non-Compliance

a) If the Department determines, based on field inspections or other reasonable evidence, that the land no longer meets the criteria under the Conservation Stewardship Law, the Department shall withdraw all or a portion of the land from the special valuation.

b) The chief county assessment officer shall notify the Department when the land no longer qualifies for the special valuation because the land no longer meets the land use or minimum acreage requirements.

c) The chief county assessment officer shall notify the Department when he or she has reasonable evidence that shows non-compliance with the approved conservation management plan. Reasonable evidence must be based on, but not limited to, visual inspection of the land, evidence of improper land use, or the taxpayer's refusal to respond to the chief county assessment officer's request for information about the land use or other similar information pertinent to the continued special valuation of the land. Notification shall be made, in writing, to the Department. Upon receipt, the Department shall, within a reasonable length of time, visually inspect the land and pertinent conservation management plans and shall determine if the owner is complying with the approved management plan. Within 15 days after inspecting the land, the Department shall notify the chief county assessment officer and the Illinois Department of Revenue of its determination. If the land is found to be non-compliant, the chief county assessment officer shall remove the land from the special valuation.

d) If after attempting to remind the taxpayer, the Department determines that the taxpayer is not fulfilling its obligation to update and report management activities on CSP-enrolled land, the Department will remove the land from CSP and notify chief county assessment officer and the Illinois Department of Revenue.

History

• Source: Amended at 48 Ill. Reg. 5725, effective March 27, 2024

Part 2650 Advertising in Department Publications

17 Ill. Adm. Code 2650.10 Definitions

"Department" – means Department of Natural Resources.

"Prohibited Advertising" – is defined as advertisements for political parties or candidates, personal notices, real estate sales, alcoholic beverages, tobacco products, smoking devices or advertisements which are not wholly consistent with and supporting of Department goals, objectives and programs.

"Publisher" – means the Director of the Department of Natural Resources or his designee.

"Selling of Advertising" – is defined as the sale or exchange of space within Department publications or time on electronic programs to an outside entity.

17 Ill. Adm. Code 2650.20 General Regulations

a) Advertisements are accepted upon the representation that advertisers and their agencies have the right to publish the contents thereof. In consideration of such publications, advertisers and their agencies agree to indemnify and hold the publisher and the Department harmless against any expense or loss by reason of claims arising out of publication.

b) All advertisements are subject to publisher's approval. Prohibited advertisements will be rejected. The amount of advertising is limited, and availability of space or special position shall be dependant upon lay-out and the number of submitted advertisements.

c) Advertisements rejected shall be returned to the advertiser, with an explanation of the reason for rejection.

d) Publisher reserves the right to insert the word "Advertisement" above or below the copy.

17 Ill. Adm. Code 2650.30 Outdoor Illinois

a) Advertisers must reserve advertising space by the 20th (or next working day) of the month three months prior to publication. Camera-ready copy must be delivered to publisher not more than one month later.

b) Payment for advertising space must accompany the reservation. Advertisers rejected due to lack of space will have their money refunded. Space shall be allocated on a first-come, first-served basis.

c) Copy materials required:

1. Black and white: film negative, right-reading, emulsion side down, 150-line screen. White proof required.

2. Four-color: film separations, right-reading, emulsion side down, in register and prepared to publication size of contracted space, 150-line screen. Match print or chromaline proof required.

d) Available ad sizes

1. Run of Press

full page (7.5" x 9.5")

half page (7.5" x 4")

quarter page (4⅝" x 4")

eighth page (2⅛" x 4")

For preferred positioning, add 10% to the cost of the ad. Preferred positioning on first-come, first-served basis.

2. Rates shall be as published in Outdoor Illinois. Advertising rates for Outdoor Illinois may also be obtained by written request to:

Outdoor Illinois

Department of Natural Resources

524 S. Second Street

Springfield, IL 62701-1787

3. Inside back cover (color only).

4. Discount. Advertisers who contract for the same advertisement for three or more consecutive insertions shall receive a 10% discount from the cost of the ad.

5. Cancellations will not be accepted after the last date for reservations, nor will changes to advertisement be accepted less than 2 months prior to publication.

17 Ill. Adm. Code 2650.40 Other Department Publications

Advertising in other Department publications, on licenses or permits, or via electronic media shall be by contract after public notice and sealed bid.

17 Ill. Adm. Code 2650.50 Exchange of Advertising

Advertising in Department publications or on electronic programs will be considered under the following circumstances:

a) the goods or services offered in exchange time must be approximately equal in value to the cost of the advertising space or time allotted in the Department-produced medium;

b) the advertiser shall pay a bid amount, or, if no acceptable bid is received, a negotiated amount at least equal to the cost of printing the document or a portion of the document in which the advertising appears; or

c) the advertisement is determined by the Director to be in the public interest and is a furtherance of the Department's duties to provide public information, in which case the goods or services offered in exchange may be less than the actual cost of producing and distributing the medium.

Subchapter g Grants

Part 3000 Grant Review and Processing Fees

17 Ill. Adm. Code 3000.10 Definitions

Applications – A program specific request for financial assistance submitted by a grantee to the Department for funding consideration. Applications must comply with the requirements of Section 4 of the Illinois Grant Funds Recovery Act [30 ILCS 705/4].

Capital Grants – Grants under which the funds are used by the grantee for the acquisition of lands, development of permanent improvements, enhancement of habitat, or other permanent or temporary purposes for public use. These grants may be distributed through advance payments or reimbursements to the grantee and shall comply with the provisions of the Illinois Grant Funds Recovery Act.

Department – The Department of Natural Resources.

Disadvantaged Community – A local government defined as disadvantaged in specific grant program statutes or rules (see 30 ILCS 764/10-5 and 17 Ill. Adm. Code 3050.20).

Eligible Grant Programs – Grant programs requiring inclusion of an application fee with submittal of the grant application.

Excluded Grant Programs – Grants programs not requiring inclusion of an application fee with submittal of the grant application.

Grant Agreement – A program specific, written document between the Department and a grantee outlining the terms of the grant and grantee obligations and responsibilities under the grant. Acceptance of the grant agreement by the grantee is required prior to any disbursement of grant funds. Grant agreements must comply with the requirements of Section 4 of the Illinois Grant Funds Recovery Act.

Grant Applicant – A person, organization or government entity applying to the Department for financial assistance.

Grant Application Fee –The initial fee required to be submitted by an applicant in conjunction with a grant application.

Grant Award Fee – The fee a grantee is required to submit following successful award of a grant. If the grantee so chooses, the grant award fee may be considered as a reimbursable project cost for purposes of seeking reimbursement from the grant award.

Grantee – A person, organization or government entity that receives grant funds from the Department.

Grants – Any public funds dispensed by the Department to any person, organization or government entity for obligation, expenditure or use by that person, organization or government entity for a specific purpose or purposes.

Operational Grants – Grants under which the funds are not used by the grantee for the acquisition of lands or development of improvements (including habitat enhancement). Youth and veteran employment grants are considered operational grants. These grants may be distributed through advance payments or reimbursements to the grantee and shall comply with the provisions of the Illinois Grant Funds Recovery Act.

17 Ill. Adm. Code 3000.20 Purpose

The purpose of this Part is to clarify and explain the Department's grant review and processing fees (i.e., the "grant application fee" and "grant award fee"). The Department will charge a non-refundable grant application fee. The Department will also charge a project award fee to entities successfully awarded a grant. Grant application and award fees are limited to capital grant programs (not operational grant programs).

17 Ill. Adm. Code 3000.30 Eligible and Excluded Grant Programs

a) Grant applications for all Department grant programs, except as excluded by subsection (c), shall include a non-refundable grant application fee.

b) Following award of a grant, a grant applicant shall submit a grant award fee to the Department. The grantee may choose to consider the grant award fee as an allowable reimbursement cost and include this cost in the identified costs of the project if so desired.

c) The following grants are excluded from both the grant application fee and grant award fee requirements:

1. As stated in the authorizing statutes, the Open Space Land Acquisition and Development (OSLAD) and Land and Water Conservation Fund (LWCF) grant programs;

2. Grants for which the total value of the financial assistance being sought is less than $25,000;

3. Grants being sought by disadvantaged communities, as determined and verified by the Department prior to application;

4. Grants to other State agencies or the federal government;

5. Special Wildlife Funds grants, as defined in 17 Ill. Adm. Code 3060;

6. Operational grants.

17 Ill. Adm. Code 3000.40 Application and Award Fee Assessment

a) Grant Application Fees

1. The grant application fee amount shall be calculated as ¼ of 1% of the total funding assistance requested in the grant application; however, no single grant application fee shall be less than $100 or exceed $300.

EXAMPLES:

A $50,000 grant application would require a $125 grant application fee ($50,000 x 0.0025 = $125).

A $750,000 grant application would require a $300 grant application fee ($750,000 x 0.0025 = $1,875, which exceeds the $300 maximum).

2. Grant application fees shall be rounded up to the nearest whole dollar amount.

EXAMPLE:

A $54,750 grant application would require a $137 grant application fee ($54,750 x 0.0025 = $136.87, rounded up to the nearest whole dollar = $137).

3. Instructions will be provided to the grant applicant explaining how the correct grant application fee for the program being applied to is calculated. The applicant will identify the amount of the calculated fee on the application, and the Department will verify this against the submitted fee amount prior to accepting the grant application.

b) Grant Award Fees

1. The grant award fee amount shall be calculated as 1% of the total funding assistance granted to the applicant; however, no single grant award fee shall exceed $5,000.

EXAMPLES:

A $200,000 grant award would require a $2,000 grant award fee ($200,000 x 0.01 = $2,000).

A $750,000 grant award would require a $5,000 grant award fee ($750,000 x 0.01 = $7,500, which exceeds the $5,000 maximum).

2. Grant award fees shall be rounded up to the nearest whole dollar amount.

EXAMPLE:

A $54,750 grant award would require a $548 grant award fee ($54,750 x 0.01 = $547.50, rounded up to the nearest whole dollar = $548).

3. Instructions will be provided to the grantee explaining how to calculate the correct grant award fee. The grantee will identify the amount of the calculated fee on the grant agreement, and the Department will verify this against the submitted fee amount prior to processing and executing the grant agreement.

17 Ill. Adm. Code 3000.50 Submission of Fees

a) Grant Application Fees

1. The required grant application fee is due to the Department immediately upon submittal of the grant application.

2. Except when possible through electronic fee submittal, the grant applicant shall submit the required grant application fee in the form of a bank draft made payable to the "Illinois Department of Natural Resources".

A) If the grant application is submitted as a paper document (hard copy), the grant application fee shall be attached to the application at the time of submittal.

B) If the grant application is submitted electronically, but the Department lacks a means to accept the payment electronically, the grant applicant shall, in advance of the electronic submission of the application, submit a bank draft in the amount of the correct calculated grant application fee. The Department will hold the grant application fee pending receipt of the grant application. If the electronic grant application is not submitted to the Department prior to the grant program application deadline, the application fee will be returned to the grant applicant.

C) The grant applicant shall attach the grant application fee bank draft to supporting documentation that clearly identifies the grant program, grant project, grant request amount, and calculated grant application fee due with the application.

3. Applications submitted without the required grant application fee, or with an incorrect amount, will not be accepted by the Department. These applications will be returned to the grant applicant without consideration and will not be held by the Department while awaiting submittal of the required or correct grant application fee.

4. Failure of a grant application fee to clear the bank it is drawn against may result in termination of the grant award without further consideration.

b) Grant Award Fees

1. Except when possible through electronic fee submittal, the grantee shall submit the required grant award fee in the form of a bank draft made payable to the "Illinois Department of Natural Resources".

A) If the grant agreement is submitted as a paper document (hard copy), the grant award fee shall be attached to the grant agreement at the time of submittal.

B) If the grant agreement is submitted electronically, but the Department lacks a means to accept the payment electronically, the grantee shall, in advance of the electronic submission of the grant agreement, submit a bank draft in the amount of the correct calculated grant award fee. The Department will hold the grant award fee pending receipt of the grant agreement.

2. The grantee shall attach the grant award fee bank draft to supporting documentation that clearly identifies the grant program, grant project, grant award amount, and calculated grant award fee due with the grant agreement.

3. The Department will not execute grant agreements submitted without the required grant award fee, or with an incorrect amount.

4. Failure of a grant award fee to clear the bank it is drawn against may result in termination of the grant award without further consideration.

5. A grant award fee will be refunded to the grantee if the State unilaterally rescinds a grant agreement at any time prior to the commencement of a project in the event that State funds are not appropriated for the grant program. If a grantee withdraws from a grant agreement prior to commencement of a project, the grant award fee will only be refunded if, in the judgment of the Department, the circumstances of the withdrawal are due to no fault of the grantee (e.g., statutory changes, act of God). A project shall be deemed to be commenced when the grantee makes any expenditure or incurs any obligation with respect to the project.

6. Failure by the grantee to comply with any grant program regulations or the grant agreement shall be cause for the suspension of all grant assistance obligations, including reimbursement of a grant award fee, unless, in the judgment of the Department, the failure was due to no fault of the grantee (e.g., statutory changes, acts of God).

17 Ill. Adm. Code 3000.60 Deposit and Disposition of Fees

a) Except as otherwise provided in statute or rule, all revenue collected from grant application and award fees shall be deposited into the Park and Conservation Fund for the furtherance of the Department's grant programs or use by the Department for ordinary and contingent expenses of the Department.

b) Except as otherwise provided in statute or rule, all revenue collected from the grant application and award fee for the State Migratory Waterfowl Stamp Fund shall be deposited into the State Migratory Waterfowl Stamp Fund.

c) Except as otherwise provided in statute or rule, all revenue from the grant application and award fee for the State Pheasant Fund shall be deposited into the State Pheasant Fund.

d) Except as otherwise provided in statute or rule, all revenue collected from the grant application and award fee for the Illinois Habitat Fund shall be deposited into the Illinois Habitat Fund.

e) Except as otherwise provided in statute or rule, all revenue collected from the grant application fee for the State Furbearer Fund shall be deposited into the State Furbearer Fund.

f) 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 charge backs unless otherwise provided in the authorizing statute.

17 Ill. Adm. Code 3000.70 No Refund of Fees for Unsuccessful Grant Applications

Grant application fees submitted with a grant application will not be refunded by the Department to the grant applicant if the applicant fails to receive the requested grant. Grant application fees are tendered for consideration of the application only and do not imply any promise of financial assistance by the Department.

17 Ill. Adm. Code 3000.80 Report on Grant Fee Efficacy

The Department shall file with the Governor and the General Assembly a progress report on the implementation of grant fees created pursuant to Section 805-70(c) of the Department of Natural Resources Law [20 ILCS 805]. The report shall be filed by January 15 of 2015 and each year thereafter. The report shall include quantifiable support documentation on revenues derived from grant fees, operational expenditures of the Department for management of the eligible grant programs, including performance and measurement criteria sufficient to enable the Governor and General Assembly to properly evaluate and review grant fee effectiveness.

Part 3010 Illinois Snowmobile Grant Program

17 Ill. Adm. Code 3010.10 Program Objectives

The purpose of the program is to provide financial assistance to eligible local units of government to assist them in the purchase, construction, maintenance and rehabilitation of public snowmobile areas, trails and facilities in Illinois.

History

• Source: Amended at 7 Ill. Reg. 14953, effective November 1, 1983

17 Ill. Adm. Code 3010.20 Eligibility Requirements

Agencies eligible for assistance under the grant program are any units of local government with statutory authority to acquire and develop lands for public park and recreational purposes. This includes, but is not limited to, counties, townships, municipalities, park districts, conservation districts and forest preserve districts.

History

• Source: Amended at 7 Ill. Reg. 14953, effective November 1, 1983

17 Ill. Adm. Code 3010.30 Assistance Formula

Funding assistance up to 100% of eligible construction costs and 90% of eligible land acquisition costs for approved projects can be received through the program.

History

• Source: Amended at 18 Ill. Reg. 10066, effective June 21, 1994

17 Ill. Adm. Code 3010.40 General Procedures for Grant Applications and Awards

a) Grant applications for funding assistance under the program must be submitted to the Department. The application deadline will be publicly announced by the Department. Necessary application forms and instructions are available through the Department. Awarding of grants will be made under the authority and directive of the Director of the Department of Natural Resources. The number of grants awarded each calendar year is limited to the total amount of funds available for the program in the given fiscal year.

b) Only project costs incurred by the local project sponsors after Department of Natural Resources grant approval are eligible for funding assistance. Any costs incurred prior to Department approval are ineligible for snowmobile grant assistance.

c) Project grant applications shall consist of the following basic components:

1. Acquisition Project

A) completed application forms;

B) parcel tabulation which lists an identification number, acreage size, estimated purchase price, and any existing property improvements for each parcel to be acquired;

C) project narrative statement describing the project concept, location, need for and objectives of the project, anticipated benefits and method of financing or accomplishing the project;

D) commitment for Title Insurance;

E) project location map;

F) future site development plan;

G) environmental assessment statement;

H) minutes and written comments received from required Public Hearing (Section 3010.70(d));

I) project appraiser qualification statement; and

J) letters of project support from local snowmobile clubs.

2. Development Project

A) completed application forms;

B) itemized development cost estimates for each project component;

C) project narrative statement (same as above);

D) copy of deed, lease or easement for property to be developed;

E) project location map;

F) site development plan;

G) environmental assessment statement;

H) minutes and written comments received from required Public Hearing (Section 3010.70(d));

I) necessary state/local construction permits, if applicable;

J) name of project engineer/architect; and

K) letters of project support from local snowmobile clubs.

d) A project application packet may be obtained from the Division of Grant Administration, Illinois Department of Natural Resources. (See Section 3010.80.)

History

• Source: Amended at 18 Ill. Reg. 10066, effective June 21, 1994

17 Ill. Adm. Code 3010.50 Eligible Project Costs

a) Grant assistance may be obtained for, but not limited to, the following items:

1. land acquisition (fee simple, lease, easement) for snowmobile trails and areas;

2. snowmobile trail development;

3. trail grooming equipment;

4. parking areas, access roads, warming shelters, signs, safety lighting and other snowmobiling support facilities;

5. snowmobiles and communication equipment (for local agency patrol use);

6. first-aid facilities; and

7. concession facilities.

b) Grant assistance may be obtained for annual trial maintenance/patrol costs, as authorized by the Department, which include any of the following items:

1. fuel and necessary oils/fluids;

2. vehicle insurance

3. equipment repairs; or

4. routine maintenance parts directly associated with the operation and transportation of snowmobile grant-assisted grooming/patrol equipment used while maintaining designated trials open to the public.

c) No grant awards shall be awarded for the acquisition or development of land which is not available for public snowmobiling use.

History

• Source: Amended at 28 Ill. Reg. 10631, effective July 13, 2004

17 Ill. Adm. Code 3010.60 Project Evaluation Priorities

The following priorities are used by the Department in evaluating and recommending project applications for funding assistance consideration:

a) projects advocating land acquisition in perpetuity or long-term leases or easements, as opposed to short-term lease or easement arrangements;

b) projects proposing the development of a trail system, especially well-developed long distance trails, connector trails linking several existing trails, or multiple use trails;

c) projects located in areas having adequate snowcover and exhibiting high demand as determined by the number of registered snowmobiles in the area where the project is located;

d) projects proposing high quality snowmobile facilities readily accessible to major population centers and highways in the State or proposing initial establishment of snowmobile facilities in a high demand area;

e) projects having minimal adverse environmental and social effects.

f) projects proposing initial development of snowmobile facilities at the project site.

History

• Source: Amended at 7 Ill. Reg. 14953, effective November 1, 1983

17 Ill. Adm. Code 3010.70 Program Compliance Requirements

a) Any property acquired or developed through assistance from the Illinois Snowmobile Grant Program must be open to the general public for snowmobile use during periods of specified snow conditions as agreed upon by the Department and local project sponsor. Property acquired or developed with program assistance may not be converted from snowmobile use without prior Department approval. Approval for property conversion will only be granted upon the local project sponsor substituting replacement property equal in fair market value and comparable in snowmobiling usefulness, quality and location, except for project areas receiving development (construction) grant assistance only, whereby this requirement shall no longer apply after the time period specified below relative to the amount of grant funds received toward the facility.

Grant Amount Received

Time Period After Project Completion and Receipt of Final Grant Payment

$0-$10,000

5 years

every $10,000 increment over $10,000

add one year

b) The local project sponsor must certify in a written affidavit that it possesses the funding capability to initially finance the total amount of project costs.

c) The local project sponsor must certify in a written affidavit and supply supporting documentation that adequate snow cover (a minimum of 4 inches) is, in fact, a normal climatic condition for the project area for a minimum of 14 days from November 1 through March 31.

d) For all projects, except those projects which involve only equipment purchase, the local project sponsor must hold a public hearing to discuss the project and provide the Department with a synopsis of the hearing, as well as any written comments received at the hearing. The meeting must be advertised in at least one local newspaper one to two weeks prior to the meeting.

e) For projects requesting development assistance, the local project sponsor must have either fee simple title to the land being developed or a perpetual lease or easement arrangement commensurate with the conversion amortization schedule established for development grant projects (see subsection 3010.70(a)).

f) For projects receiving acquisition assistance, an appraisal must be completed by the local project sponsor and certified by the Department. The appraisal must be completed to Departmental specifications. Title to any property for which grant reimbursement is sought cannot be taken by the local project sponsor before Departmental approval is received.

g) For projects receiving development assistance, the local project sponsor must present to the Department, for review, all working plans, specifications, contract documents and cost estimates prior to commencing work. The format for any advertisement or prospectus soliciting and inviting bids, indicating dates of same, must also be presented to the Department for review prior to publication. The Department will notify the local project sponsor if the proposed project requires approval from a registered structural engineer.

h) The local project sponsor is required to enter into a standard State contract agreement with the Department for an amount agreed upon as necessary to complete the approved project and which specifies the related grant reimbursement amount and approved project elements.

i) Upon project completion, the local project sponsor must submit a certified project expenditure statement listing all funds expended on the project for which grant reimbursement is sought as well as required billing documentation.

1. ACQUISITION PROJECT: copy of the signed Statement of Just Compensation/Offer to Purchase Form, Warranty Deed (Judgement Order in case of condemnation) for property, copy of cancelled check showing proof of payment to seller, and completed Billing Form which itemizes project costs and contains a certification statement verifying project expenditures.

2. DEVELOPMENT PROJECTS: Copy of As-Built drawings, copy of receipts/invoices for project costs, copy of cancelled checks showing proof of payment, and completed Billing Form which itemizes project costs and contains a certification statement verifying project expenditures.

j) Financial records on approved projects must be maintained and retained by the local project sponsor for possible State audit for a period of five years after final reimbursement payment is made by the Department.

1. If the local project sponsor receives more than $25,000 in grant funds, the local project sponsor shall be responsible for having an annual financial and compliance audit. This audit should be conducted as a part of the local project sponsor's annual audit. If the local project sponsor is exempt from State and federal audit requirements, the local project sponsor must procure a special audit covering all funds expended under this program. In essence, one agency wide audit will meet audit requirements for State of Illinois grant participation. The audit must be conducted by an independent public accountant, certified and licensed by the State of Illinois.

2. The local project sponsor shall be responsible for procuring the required audits. Audit procurements shall be conducted in accordance with the local project sponsor's normal procurement rules, provided these rules promote open competitive procurements.

3. The local project sponsor shall provide the Department a copy of all annual audits for all fiscal years concurrent or contiguous to the approved grant period within 30 days of the completed audit, and shall be responsible for timely action in resolving any audit finding and/or questioned project costs. In the event that questioned costs are ultimately deemed disallowed, as determined by the Department, the local project sponsor shall be responsible for repayment of such costs.

k) The local project sponsor must post a Snowmobile Grant Program acknowledgement sign at the project site where grant assistance is involved. The required sign or specifications for its construction will be furnished by the Department.

l) The local project sponsor shall insert as an integral part of any contract with the approved project bidder the following provisions:

1. That the contractor must abide by and comply with all applicable local and State laws relating to fair employment practices and prohibiting discrimination in employment contracts involving public funds, the construction or development of public buildings, works or facilities.

2. That the contractor must comply with and be bound by any applicable local and State laws in any manner pertaining or relating to wages and claims of laborers, mechanics and other workers, agents, or servants in any manner employed in connection with contracts involving public funds or the development or construction of public works, buildings or facilities.

3. That the contractor must abide by and comport with all applicable local and State laws relating or pertaining to the development and/or construction of public works, buildings, or facilities, including but not limited to, any and all applicable workmen's compensation acts or laws.

4. That the contractor shall provide and furnish to the satisfaction of the local project sponsor and the Department good and sufficient performance bond(s) with adequate surety or sureties, with applicable penalty or loss clauses concerning or relating to the construction of the proposed facilities and any losses, cost or damages arising out of, or by virtue of, said construction by the contractor of the specified snowmobile facilities and which insures, benefits and protects the local project sponsor and the Department.

5. That the contractor shall personally and individually agree and covenant, and shall furnish and provide sufficient evidence of insurance, to indemnify, protect, defend at its own cost, and hold harmless the local project sponsor and the Department from and against all losses, damages, injuries, costs, expenses or claims thereof to or by persons or property arising out of, through, under or by virtue of the construction and development of the specified snowmobile facilities.

6. That the contractor certifies to the best of his knowledge that no officer or employee has been convicted of bribery or attempting to bribe an officer or employee of the State of Illinois, nor has any officer or employee made an admission of guilt of such conduct which is a matter of record. Contractor further certifies that it is not barred from bidding or entering into a contract involving State of Illinois assistance as a result of violations of Section 33E-3 or 33E-4 of the Criminal Code of 1961, regarding bid rigging or bid rotating.

m) It shall be understood by the local project sponsor that a Department representative will make periodic inspections of the project as construction progresses and be available for consultation or assistance at any reasonable time upon request. It is further agreed and understood by the local project sponsor that a final inspection and acceptance of the completed project must be made by a representative of the Department prior to acceptance and final payment of grant reimbursement to the local project sponsor.

n) The local project sponsor shall indemnify, protect, defend and hold harmless the Department from any and all liability, costs, damages, expenses, or claims thereof arising under, through or by virtue of the construction, operation and maintenance of Program-assisted snowmobile facilities.

o) In connection with and prior to the construction, and thereafter the subsequent operation and maintenance of Program-assisted snowmobile facilities, it shall be understood that the local project sponsor is responsible for obtaining any and all necessary Permits, Licenses or Forms of Consent, as the case may be, from, but not limited to, the following:

1. Illinois Department of Transportation

2. Illinois Environmental Protection Agency

3. Illinois Historic Preservation Agency

4. Illinois Department of Natural Resources

5. Local Building or Zoning Agencies or Boards, where applicable.

In addition to the foregoing, the local project sponsor further agrees to comply with applicable provisions of the Recreational Area Licensing Act.

p) The local project sponsor must comply with and abide by the following Operation and Maintenance provisions:

1. The local project sponsor may enter into a contract or agreement with responsible concessionaires to operate and/or construct snowmobile rental facilities, for dispersing food to the public and/or any other services as may be desired by the public and the local project sponsor. Prior approval of the contract or agreement, and subsequent revisions thereof, shall be obtained from the Department. Any and all funds in excess of the costs of operation and maintenance of Program-assisted snowmobile facilities shall be used for the improvement of said facilities or similar public facilities in nearby areas.

2. The charging of fees for general public use of snowmobile facilities financed with funds from this grant program is strongly discouraged. However, if it is deemed necessary by the local project sponsor that fees must be levied for use of these facilities, the local project sponsor shall:

A) Receive prior approval on an annual basis from the Department for scheduled fees to be charged;

B) Clearly document that existing agency operation and maintenance budget is not sufficient to cover the added cost of properly operating and maintaining the project facility;

C) Deposit all fees in a separate account to be used for maintenance of and improvement to the Program-assisted facility only. This account must appear on the local project sponsor's appropriation ordinance each year; and

D) On an annual basis, submit to the Department satisfactory statements of receipts and itemized expenditures from this fund.

3. All snowmobile facilities financed with funds from this grant program shall be continuously operated and maintained by the local project sponsor at no cost to the Department and shall be operated and utilized in such a manner as to maximize the intended benefits to and for the general public.

4. The local project sponsor shall satisfactorily maintain Program-assisted snowmobile facilities so as to promote the safe and enjoyable usage of the facility by the public.

5. The Department shall have access to Program-assisted facilities at all times for inspection purposes to ensure local project sponsor's continued compliance with program regulations.

6. All snowmobile facilities financed with funds from this grant program shall be open to the public for use and enjoyment without regard to race, color, sex, national origin, age or disability. No lessee or licensee of an area under a lease or license providing for a public or quasi-public use and no concessionaire of a lessee or licensee providing a service to the public, including facilities and accommodations, shall discriminate against any person or persons because of race, color, sex, national origin, age or disability in the conduct of its operation under the lease, license or concession agreement.

7. All sub-leases or licenses entered into by the local project sponsor with third persons relating to accommodations or concessions to be provided for or at the snowmobile facility for the benefit of the general public shall be submitted to the Department for its approval prior to said sub-lease or license being entered into or granted by the local project sponsor.

8. It shall be permissible for the local project sponsor to close Fund-assisted snowmobile facilities during the following times:

A) During and immediately following severe weather conditions when the safety of the recreating public may be jeopardized or debris deposited on the facility prohibit its proper use; removal of such debris shall be completed immediately or as soon as practical thereafter so public use of the facility may be effectively resumed.

B) During periods of alternate freezing and thawing when anticipated public use could cause damage to the facility resource base or jeopardize the safety of the recreating public.

C) At night to prevent vandalism if deemed necessary by the local project sponsor.

During periods necessitating closure, the general public shall be appropriately informed by proper signs and through the news media. Other than as enumerated above, the local project sponsor agrees that the facilities shall be open for and to public use throughout the year.

q) Conflict of Interests:

1. No official or employee of the local project sponsor who is authorized in his official capacity to negotiate, make, accept, or approve or to take part in such decisions regarding a contract or subcontract in connection with an approved Snowmobile grant project shall have any financial or other personal interest in any such contract or subcontract.

2. No person performing services for the local project sponsor in connection with an approved Snowmobile grant project shall have a financial or other personal interest other than his employment or retention by that local political subdivision, in any contract or subcontract in connection with an approved Snowmobile grant project. No officer or employee of such person retained by the local project sponsor shall have any financial or other personal interest in any real property acquired under an approved Snowmobile grant project unless such interest is openly disclosed upon the public records of the local project sponsor, and such officer, employee or person has not participated in the acquisition for or on behalf of the local project sponsor.

r) Program Violations and Project Termination

1. The State may unilaterally rescind project agreements at any time prior to the commencement of the project in the event that State funds are not appropriated for the grant program. After project commencement, agreements may be rescinded, modified, or amended only by mutual agreement with the local project sponsor. A project shall be deemed commenced when the local project sponsor makes any expenditure or incurs any obligation with respect to the project.

2. Failure by the local project sponsor to comply with any of the above cited Program terms shall be cause for the suspension of all grant assistance obligations thereunder, unless, in the judgment of the Department, such failure was due to no fault of the local project sponsor.

3. Conversion of property acquired or developed with assistance from the Illinois Snowmobile Grant Program from public recreation and snowmobile use shall result in the local project sponsor being held liable for replacing the converted property with comparable facilities as deemed acceptable by the Department. This requirement shall not apply to development grant project sites in which the amortization schedule specified for such projects in subsection 3010.70(a) has expired.

History

• Source: Amended at 18 Ill. Reg. 10066, effective June 21, 1994

17 Ill. Adm. Code 3010.80 Program Information Contact

Write: Illinois Department of Natural Resources

Division of Grant Administration

One Natural Resources Way

Springfield IL 62702-1271

Telephone: 217/782-7481

History

• Source: Amended at 28 Ill. Reg. 10631, effective July 13, 2004

Part 3020 Snowmobile Trail Establishment Fund Grant Program

17 Ill. Adm. Code 3020.10 Program Objective

The intent of the grant program is to provide financial aid to eligible, private snowmobile clubs/organizations in Illinois for the purpose of assisting them in the construction, maintenance, and rehabilitation of snowmobile trails and facilities on public lands, designated roadways or private land opened, as defined herein, to such use. Funds for the grant program are derived from revenue generated in the State Treasurer's "Snowmobile Trail Establishment Fund".

History

• Source: Amended at 7 Ill. Reg. 14964, effective November 1, 1983

17 Ill. Adm. Code 3020.20 Program Eligibility Requirements

Agencies eligible for financial assistance through the Snowmobile Trail Establishment Fund, hereafter referred to as STEF grant program, include any private snowmobile club or organization in Illinois having not-for-profit incorporation status with the State. Clubs/organizations seeking financial assistance through the grant program must also possess minimum liability insurance coverage of $1,000,000 per occurrence on the snowmobile facilities to be operated under the scope of the proposed project application. STEF funds may only be awarded and used for snowmobile projects located within the state boundaries of Illinois.

History

• Source: Amended at 21 Ill. Reg. 9085, effective June 26, 1997

17 Ill. Adm. Code 3020.30 Funding Assistance Formula

The STEF grant program shall operate on a 100% reimbursement basis of total eligible project costs.

History

• Source: Amended at 21 Ill. Reg. 9085, effective June 26, 1997

17 Ill. Adm. Code 3020.40 General Procedures for Grant Applications and Awards

a) Requests for funding assistance through the STEF grant program may be made through written application to the Illinois Department of Natural Resources, hereafter referred to as the Department. Necessary application forms and instructions are available through the Department.

b) To be eligible for funding consideration, project applications must be submitted to the Department's Division of Grant Administration. The application deadline will be publicly announced by the Department . Notice of grant awards are generally announced within 180 days after the application submission deadline date. Awarding of grants is made solely under the authority and directive of the Director of the Department.

c) Grant Applications shall consist of the following basic components:

1. Completed Application Forms;

2. Copy of Club's Articles of Incorporation papers;

3. Project Narrative Statement describing the project concept, location, need for and objectives of the project, anticipated benefits and approach for accomplishing the project;

4. Location Map showing general location of proposed snowmobile facility and how the facility ties in with other public snowmobiling areas, if any, in the county and other snowmobiling areas maintained by the project sponsor;

5. Plat Map showing detailed location and dimension of property being proposed as a snowmobile trail/area under the scope of the project;

6. Detailed Site Development Plan illustrating proposed project development;

7. Environmental Assessment Statement briefly describing the physical characteristics of the area being proposed for development and the impact snowmobiling will have on the area;

8. Sign-off letters from property owner(s) of land where snowmobile facility is proposed indicating approval/cooperation with project; or copy of signed property lease;

9. A Public Hearing soliciting public comment on the proposed project is required. Minutes of the hearing, as well as all written comments received, must be submitted to the Department as part of the application. Notice for the hearing must be advertised in a local newspaper of general circulation at least 7 days prior to the date of the hearing; and

10. Proof of Liability Insurance.

History

• Source: Amended at 21 Ill. Reg. 9085, effective June 26, 1997

17 Ill. Adm. Code 3020.50 Eligible Project Expenditures

a) Grant assistance may be obtained for, but not limited to, the purchase of the following items or materials necessary to construct such items:

1. trail signs;

2. trail fencing;

3. trail groomers;

4. bridges or fence traversing ramps (must be portable);

5. parking facilities;

6. warming shelters/restrooms (facility must be located on public park land);

7. equipment rental necessary for facility construction; and

8. other (considered on a case-by-case basis).

b) Grant assistance may be obtained for mandatory liability insurance as required under Section 3020.40(c) of this Part.

c) Grant assistance may be obtained for annual trail maintenance costs as authorized by the Department to cover fuel and necessary oils/fluids, vehicle insurance, equipment repairs, and routine maintenance parts directly associated with the operation and transporting of STEF-assisted grooming equipment while maintaining designated trails open to the general public for snowmobile use.

d) It is the Department's policy that the STEF grant program be used to assist local snowmobile clubs purchase necessary materials for development and maintenance of snowmobile facilities. Labor necessary for project completion and maintenance shall be the sole responsibility of the project sponsor utilizing donated/volunteer labor. No funding assistance will be provided for club member labor costs associated with an approved project.

e) No grant assistance will be awarded to projects which, either in whole or in part, will not be open to the general public for snowmobile use. If the project sponsor so chooses, use of the project facilities can be restricted to only those snowmobilers who can show proof of adequate personal liability insurance coverage or are willing to sign liability waivers concerning use of the facility.

History

• Source: Amended at 35 Ill. Reg. 1411, effective January 5, 2011

17 Ill. Adm. Code 3020.60 Project Evaluation Criteria/Priorities

The following criteria (not listed in any priority order) has been established by the Department for evaluating and ranking project applications for funding assistance:

a) Projects proposing long distance intergrated, intra-county and inter-county trails rather than short, isolated trails;

b) Projects proposing trails linking public lands having existing snowmobile trails/facilities;

c) Projects proposing initial development of snowmobiling facilities in a county. Special consideration will also be given to those projects representing initial requests for funding assistance in a county;

d) Projects having minimal adverse environmental and social impact; and

e) Projects located in areas (counties) of high demand as determined by the proportionate number of registered snowmobiles in the area.

17 Ill. Adm. Code 3020.70 Program Compliance Requirements

a) All approved projects must be in accordance with the agreed upon project specifications and a final billing request for reimbursement submitted to the Department.

b) All equipment/materials purchased through the STEF grant program utilized on private property shall be subject to repossession by the Department and shall be reclaimed upon the dissolution of the project sponsor or as a result of project sponsor non-compliance with program regulations as stated herein.

c) With the exception of designated snowmobile routes on township roads, all snowmobile facilities developed with assistance from the STEF shall be posted with a liability disclaimer sign at ingress/egress points to the facility that warns snowmobilers they use the facility at their own risk.

d) With the exception of designated snowmobile routes on township roads, it shall be the sole responsibility of the project sponsor to adequately patrol the STEF-assisted facility to insure proper usage of the facility and user compliance with all State and local snowmobiling regulations. Failure of the project sponsor to take corrective measures, which bring the facility into compliance with this Part, to help remedy complaints lodged by local citizens concerning misuse of STEF-assisted facilities shall be grounds for rescission of Department participation in the project.

e) For projects proposing permanent land/facility improvements, such as warming shelters, picnic shelters, bridges, and parking lots, it shall be necessary for the project sponsor(s) to possess/obtain signed "letters of agreement" or "leases" from all property owners directly associated with the development of STEF-assisted facilities which shall, at a minimum, stipulate the following terms:

1. General

A) The effective dates of the agreement/lease which shall, at a minimum, be for a 4 month period from December 1 to April 1 for 2 consecutive years.

B) A precise description of the property to be covered under the terms of the agreement/lease for snowmobiling use.

C) If applicable, the agreed upon rental/lease fee to be paid the landowner in consideration for use of the designated property. PLEASE NOTE that any private landowner who accepts a valuable consideration in return for opening his/her land for public snowmobiling purposes jeopardizes the possibility for limited liability protection afforded under the Snowmobile Registration and Safety Act [625 ILCS 40/5-1(I) and (J)] to private landowners who open their lands to snowmobiling for no valuable consideration.

D) The agreement/lease is non-revocable by the landowner unless terms of the agreement/lease are violated by the club or excessive vandalism by snowmobile users is evident. Should either the project sponsor or landowner wish to terminate the agreement/lease for any reason prior to the expiration date, the Department must be notified and made a party to the negotiations for termination.

2. Permitters (landowners) Acknowledgements

A) Permitter agrees that the described property in the agreement/lease will be open to the general public for snowmobiling purposes regardless of race, sex, color, creed or national origin.

B) During the terms of the agreement/lease, the permitter shall not utilize, make alterations to, further sublet or in other ways legally encumber the designated premises or parts thereof so as to interfere with the intended snowmobiling use of the property.

C) Permitter shall not post "no trespassing" or other restrictive use signs on the described property at any time during the terms of the agreement/lease.

D) Permitter shall be allowed to restrict snowmobile use on the described property during the terms of the agreement/lease only when:

i) snowcover is less than 4 inches,

ii) there is evidence of continued facility misuse or damage to the designated property by snowmobilers,

iii) it is judged that conditions of the facility jeopardize user safety.

E) Permitter agrees that all materials/equipment used to make improvements to or mark the designated property for snowmobiling use shall remain the property of the permittee and State of Illinois and shall be reclaimed/removed at the termination of the agreement/lease.

F) Permitter agrees to hold harmless permittee, its officers and members, and the State of Illinois and its agents from any and all claims, demands, judgments, and executions which may arise as a direct or indirect result of this agreement/lease or actions taken in reliance thereupon.

G) Permitter in no way implies or assures through the execution of this agreement/lease that the designated property is safe for snowmobile use; or confers upon any trail user the legal status of invitee to whom a duty of care is owed; or assumes liability responsibility for injury to person/property caused through snowmobile use of the designated property.

3. Permittees (snowmobile club) Acknowledgements

A) To restrict snowmobiling on the Permitter's property to those areas specifically designated for that purpose in the agreement/lease.

B) To make only those improvements or trim and cut only those trees and shrubs on the designated property as approved by the property owner. It is further understood that all damage to fencing or other personal property of the property owner as a result of facility development or usage shall be repaired by the permittee to pre-damage condition upon termination of the agreement/lease or request of the property owner.

C) To post necessary trail signs to insure safe and proper snowmobile usage of the designated property and remove them, as requested, upon termination of the agreement/lease or snowmobiling season.

D) To patrol and use all reasonable measures to promote safe and proper snowmobile usage of the designated property and to prevent the deposit of litter upon said property by users and to remove such litter that may be deposited.

f) All Leases/Letters of Agreement must be submitted to the Department, and must be consistent with subsection (e) of this Section prior to consideration for STEF grant assistance. Upon the expiration or termination of a lease agreement which causes relocation of project facilities, the Department shall be notified as to the location of the new facility site.

g) During all times of operation of a STEF-assisted snowmobile facility, the project sponsor must possess, in current force, its Charter papers proving Not-for-Profit corporation status with the State of Illinois, and must possess insurance protection providing a minimum of $1,000,000 liability coverage.

h) The project sponsor must possess the resource capabilities to:

1. Initially finance 100% of the total cost prior to grant reimbursement; and

2. Properly maintain and operate the fund-assisted snowmobile facility after project completion.

i) Documents required at the time of final billing for grant reimbursement on a project include the following:

1. a signed "Billing Request" Form that itemizes specific project costs and contains a certification statement verifying project expenditures;

2. copies of receipts/invoices for all approved project costs incurred in completing the project for which reimbursement is claimed;

3. copies of cancelled checks showing proof of payment; and

4. "as-built" drawings for the completed project.

(NOTE: It shall be understood by the project sponsor that 45-60 days are required by the Department to disburse grant reimbursement funds to local project sponsors after receipt of an acceptable "Billing Request" submittal in compliance with the above listed items.)

j) All financial records on approved projects must be maintained and retained, in accordance with the Grant Funds Recovery Act [30 ILCS 705] and the State Records Act [5 ILCS 160], by the project sponsor for possible State audit after final reimbursement payment is made by the Department.

k) The project sponsor must permanently post at the project site a STEF grant program acknowledgement sign. The required acknowledgement sign will be furnished by the Department.

l) All work specifications must be submitted by the project sponsor to the Department upon request for review prior to commencing work. Project sponsor will be notified by the Department if the proposed project requires the approval of a registered structural engineer.

m) Department representatives shall have access to STEF-assisted project sites at any time during construction to assess project progress and during facility operation to ensure compliance with program regulations. As time allows, Department representatives shall be available, upon request, for consultation/technical assistance concerning project development. It shall be further understood that a final inspection and acceptance of the completed project work must be made by a Department representative prior to approval of final reimbursement payment to the local project sponsor.

n) The sponsoring agency shall indemnify, protect and hold harmless the Department from any and all liability, costs, damages, and claims arising as a direct or indirect result of the construction, operation or maintenance of STEF-assisted snowmobile facilities.

o) In connection with, and prior to, the construction, and thereafter the subsequent operation and maintenance of STEF-assisted snowmobile facilities, sponsoring agency agrees that it shall be responsible for and obtain all necessary permits, licenses or forms of consent, as the case may be, from, but not limited to, the following agencies:

1. Illinois Department of Transportation: Division of Highways,

2. Illinois Department of Natural Resources: Division of Water Resources,

3. Illinois Environmental Protection Agency,

4. U.S. Army Corp of Engineers,

5. Local building, zoning or roadway boards/commissions.

p) The project sponsor must comply with and abide by the following Operation and Maintenance provisions:

1. The charging of user fees for general public use of STEF-assisted snowmobile facilities is prohibited.

2. All STEF-assisted snowmobile facilities shall be operated, maintained and utilized for general public use in such a manner as to maximize the facility's intended benefits.

3. The sponsoring agency shall satisfactorily maintain STEF-assisted snowmobile facilities so as to promote the safe and enjoyable use of the facility by the snowmobiling public.

4. All snowmobiling trails/facilities developed, improved and/or maintained as a result of STEF grant assistance must be open and available to general public use and enjoyment without regard to sex, race, color, creed or national origin.

5. Department personnel shall have access to STEF-assisted facilities at all times for inspection purposes to ensure continued compliance with program regulations.

q) All funds administered by the Department under the STEF grant program and expended by the project sponsor shall be in accordance with all applicable State statutes.

r) The Department may unilaterally rescind project agreements at any time prior to commencement of the project, if the Department experiences a funding problem or the applicant demonstrates non-compliance with this Part. After project commencement, agreements may be rescinded, modified, or amended only by mutual agreement with the project sponsor. A project shall be deemed commenced when the project sponsor has made an expenditure or has incurred an obligation with respect to the project.

s) Failure by the local project sponsor to comply with any of the herein cited program regulations and terms shall be cause for the suspension of all STEF grant assistance obligations and/or repossession of project equipment/material obtained thereunder, unless, in the judgment of the Department, such noncompliance was due to no fault of the project sponsor.

History

• Source: Amended at 35 Ill. Reg. 17637, effective October 19, 2011

17 Ill. Adm. Code 3020.80 Program Information

Write: Illinois Department of Natural Resources

Division of Grant Administration

One Natural Resources Way

Springfield IL 62702-1271

Telephone: 217/782-7481

History

• Source: Amended at 28 Ill. Reg. 10635, effective July 13, 2004

Part 3025 Open Space Lands Acquisition and Development Grant Program

17 Ill. Adm. Code 3025.10 Program Objective

The Open Space Lands Acquisition and Development Act (OSLAD) provides for grants to be disbursed by the Department of Natural Resources (Department) to eligible local governments for the purpose of acquiring, developing and/or rehabilitating lands for public outdoor recreation purposes.

History

• Source: Amended at 22 Ill. Reg. 14817, effective August 3, 1998

17 Ill. Adm. Code 3025.20 Incorporation by Reference (repealed)

History

• Source: Repealed at 22 Ill. Reg. 14817, effective August 3, 1998

17 Ill. Adm. Code 3025.25 Eligibility Requirements

Agencies eligible for assistance under the OSLAD grant program are any unit of local government with statutory authority to acquire, develop and maintain lands for public outdoor recreation purposes. This includes, but is not limited to, counties, townships, municipalities, park districts, conservation districts and forest preserve districts.

History

• Source: Added at 22 Ill. Reg. 14817, effective August 3, 1998

17 Ill. Adm. Code 3025.30 Assistance Formula

a) The OSLAD program shall operate on a matching basis providing up to a maximum of 50% funding assistance on total approved project costs. However, a local government defined as "distressed" under the criteria established in this Part shall be eligible for assistance of up to 90%, provided that no more than 10% of the annual OSLAD appropriation is allocated as grants to distressed local governments.

b) Except for jurisdictions having populations exceeding 2 million residents, maximum grant awards to any one project in a given year are currently limited to $750,000 for approved land acquisition projects and $400,000 for approved development (construction) projects. Counties serving a population exceeding 2 million residents are eligible for up to $1.15 million in annual OSLAD funding for approved outdoor recreation acquisition and/or development projects. Municipalities with a population exceeding 2 million are eligible for up to $2.3 million in annual OSLAD funding for approved projects. However, no more than 10% of the annual OSLAD appropriation can be allocated to any one project.

History

• Source: Amended at 39 Ill. Reg. 1145, effective December 31, 2014

17 Ill. Adm. Code 3025.32 Funding Distribution and Handling of Awards

a) A minimum of 50% of an OSLAD grant award will be paid in advance to the grantee after the grant agreement is fully executed in accordance with the policies and procedures of the Department's Fiscal Office and the Illinois Comptroller's Office.

b) The remainder of the grant award will be paid to the grantee as reimbursements for matching-fund expenditures made by the grantee. Reimbursements will be made on a quarterly basis, subject to the grantee's submission and certification of eligible costs incurred, along with any documentation required by the Department. Expenditure of State funds advanced to the grantee cannot be claimed for reimbursement payments.

c) Grant funds paid in advance must be kept in a separate interest bearing account with a federally or Illinois regulated financial institution that is insured by the Federal Deposit Insurance Corporation (FDIC), and maintained therein until used in the execution of the approved project. All interest earned on grant funds held by a grantee shall become part of the grant principal when earned, and be used for and in the same manner as the principal to fulfill the purposes and objectives of the grant.

d) Interest earned on the advanced payment funds must be accounted for in the grantee's quarterly and final Status Reports. At the completion of the project, remaining earned interest not expended on the project must be returned to the Department in accordance with the directions provided by the Department in the project agreement.

e) If funds are not held in an interest bearing account, the grantee will be responsible for the payment of interest to the Department at a rate equal to twelve percent (12%) per annum.

f) Grant funds received by the grantee as reimbursement of eligible costs expended from grantee matching funds may be kept in a non-interest bearing account at the grantee's discretion. The Department will not consider reimbursed funds, or any interest earned on reimbursed funds, as part of the grant principal.

g) The grant will be administered in accordance with the time limit on expenditure of grant funds under the Illinois Grant Funds Recovery Act [30 ILCS 705/5].

h) Costs incurred prior to the beginning date of the grant award, without prior written permission of the Department, will be disallowed.

History

• Source: Added at 39 Ill. Reg. 1145, effective December 31, 2014

17 Ill. Adm. Code 3025.34 Business Enterprise Compliance

a) Pursuant to Section 45 of the State Finance Act [30 ILCS 105/45], for OSLAD grants for which $250,000 or more is advanced to a grantee for capital construction costs or professional services, the grantee must provide written certification that the grantee is in compliance with the business enterprise program (BEP) practices for minority-owned businesses, female-owned businesses, and businesses owned by persons with disabilities (see the Business Enterprise for Minorities, Females, and Persons with Disabilities Act [30 ILCS 575] and the equal employment practices of Section 2-105 of the Illinois Human Rights Act [775 ILCS 5/2-105]).

b) Following application submittal and review, the Department will determine which grantees are required to develop BEP Plan documentation, and will notify them accordingly. Instructions and required Utilization Plan (UP) forms will be provided by the Department to the selected grantees for preparation, certification and submittal as attachments to the grant agreement. The Department will not execute the grant agreement until this provision is met by the grantee.

History

• Source: Added at 39 Ill. Reg. 1145, effective December 31, 2014

17 Ill. Adm. Code 3025.36 Distressed Communities Definition and Criteria

Communities that are economically distressed or physically distressed, as defined in this Section, may qualify for increased grant assistance under this program.

a) An economically distressed community is an eligible local unit of government located within a Standard Metropolitan Statistical Area (SMSA) with a per capita equalized assessed valuation (EAV) less than 60% of the State average and more than 15% of the population below the national poverty level and not containing a major University in the community and has received less than the determined fair share of OSLAD assistance; or an eligible unit of local government located outside an SMSA with an EAV less than 50% of the State average and more than 20% of its population below the poverty level and not containing a major University in the community and has received less than the determined fair share of OSLAD assistance.

b) The Department will determine which communities are considered economically distressed based on calculations using the most current published Illinois Census data and Illinois Department of Revenue information. The Department reserves the final determination on whether an applicant meets the definition of an economically distressed community. For a local political subdivision to be considered eligible under a community's distressed qualification, that subdivision must lie entirely within the boundaries of the distressed community.

c) A physically distressed community is an eligible local unit of government that has encountered catastrophic events such as floods or tornados. The physically distressed status will be allowed one time within a 3-year period, the community must be in a county declared a "disaster area" by the Governor or President of the United States, and the disaster must have directly affected the community applying for the grant. The Department may require a community seeking status as physically distressed to provide verification of disaster impacts and a public assistance declaration from the Illinois Emergency Management Agency (IEMA) and/or the Federal Emergency Management Agency (FEMA) before allowing eligibility under this provision. The Department reserves the final determination as to whether an applicant meets the definition of a physically distressed community. For a local political subdivision to be considered eligible under a community's distressed qualification, that subdivision must lie entirely within the boundaries of the distressed community.

History

• Source: Added at 39 Ill. Reg. 1145, effective December 31, 2014

17 Ill. Adm. Code 3025.40 General Procedures for Grant Applications and Awards

a) Grant applications for assistance under this program must be submitted in accordance with a schedule publicly announced annually by the Department. Failure to submit a completed application to the Department by the specified application deadline date will result in project rejection for that particular year.

b) Necessary application material and instructions are available through the Department. Awarding of grants will be on a competitive basis (Section 3025.60) and will be made under authority of the Director of the Department of Natural Resources.

c) Project grant applications consist of the following basic components, at a minimum:

1. applicant's name, address and telephone number;

2. information on the supply of existing public park acreage and recreation facilities located within the project sponsor's (applicant) jurisdiction;

3. an itemized proposed project cost estimate;

4. project narrative statement describing the project concept, location, need for and objectives of the project, anticipated benefits, proposed usages and method of financing or accomplishing the project;

5. project location map, site plat map and proposed development plan;

6. project environmental evaluation;

7. proof of land ownership or usage rights for proposed development (construction) projects or commitment of title insurance for project property planned for acquisition; and

8. a signed document by the applicant verifying the applicant has the resources to initially finance and subsequently manage the project area and will comply with program regulations and indemnify the Department from any liability relative to the project.

d) A program information packet may be obtained from the Division of Grant Administration, Illinois Department of Natural Resources, One Natural Resources Way, Springfield IL 62702-1271, telephone 217/782-7481.

History

• Source: Amended at 28 Ill. Reg. 10638, effective July 13, 2004

17 Ill. Adm. Code 3025.50 Eligible Project Costs

a) Grant assistance may be obtained for the following items:

1. Land acquisition costs (fee simple title or permanent easement, etc.) for public park and/or conservation purposes, including associated eligible appraisal costs. Eligible projects include, but are not limited to, acquisition of land for the following:

A) general park purposes such as community and neighborhood parks and playfields;

B) frontage on public surface waters for recreation use;

C) open space/conservation purposes to protect floodplains, wetlands, natural areas, wildlife habitat and unique geologic or biologic features; and

D) additions to such areas.

2. Outdoor recreation area development costs (initial facility construction and/or rehabilitation) including, but not necessarily limited to, playfields, playcourts, playground equipment, picnic facilities, trails, camping areas, outdoor water sport facilities, nature study areas, and winter sport facilities as well as associated support facilities such as parking areas, access roads, shelters, interpretive centers, restrooms, safety lighting, potable water supply and other directly related support facilities. Professional design services deemed necessary for proper design and construction of the project are also eligible.

b) Acquisition of land from another public agency (excluding school districts) is not eligible for OSLAD grant assistance.

c) Project costs for which assistance is sought cannot be incurred by the project applicant prior to grant approval notification or Department authorization. Costs incurred prior to Department approval are ineligible for grant assistance. For acquisition projects, costs are considered incurred when property deed, lease or other conveyance is accepted by the local sponsor or first payment is made on the project property or to an escrow account for the property. In addition, no purchase agreement, option, etc., or price negotiations shall be entered into without Department approval. Development project costs are considered incurred on the date construction contracts are signed or actual physical work begins on the project site or project materials are delivered.

d) No grant shall be awarded for the acquisition or development of land that will not be available for general public outdoor recreation use.

History

• Source: Amended at 39 Ill. Reg. 1145, effective December 31, 2014

17 Ill. Adm. Code 3025.60 Project Evaluation Priorities

The following factors are used by the Department in evaluating and recommending local project applications for funding assistance consideration (see Appendix A):

a) Statewide Outdoor Recreation Priorities – 60%

1. Department Statewide Priorities – 35%

Projects are evaluated in terms of their ability to address major outdoor recreation and conservation issues identified by the Department in its "Statewide Outdoor Recreation Plan". These include, but are not limited to, natural area and wetland preservation, protection of endangered/threatened species and critical habitat resources, conservation education, creation of greenways and long distance trail corridors, water-based recreation, recreation for disadvantaged populations and adaptive re-use/redevelopment of urban lands, including brownfields. These priorities are listed in this Section and also available in the Department's OSLAD Local Participation Grant Manual (2007 ed.; Illinois Department of Natural Resources Division of Grant Administration, One Natural Resources Way, Springfield IL 62702-1271).

2. Statewide Local Needs Assessment – 25%

Determination of local need is based on a comparison of:

A) existing local supply of recreation facilities per capita to the statewide median for those facilities as identified in the Department's "Statewide Outdoor Recreation Plan"; and

B) existing supply and distribution of open space and park land acreage, measured in acres/capita, to the statewide median and/or to locally adopted standards. Recreation needs based on project service area are also given consideration.

b) Project concept and site characteristics – 25%

The project proposal is evaluated in terms of the site's physical and aesthetic qualities, including accessibility; soil, topographic and hydrologic characteristics; site vegetation; compatibility with adjacent land uses; environmental intrusion on the site; impacts to cultural and natural resources; and the overall recreational diversity provided by the project.

c) Local Planning – 10%

The major consideration under this criteria is public support and input into the project plan and existence of a comprehensive local recreation and/or open space plan identifying the proposed project as a priority. Consideration is also given for unique recreation opportunities not specifically identified in a local plan but having documented widespread public support.

d) Other Considerations – 5%

Relevant factors considered in evaluating the overall merits of a project and need for funding include projects located in inner-urban areas; proposing initial site development; involving private donations; representing economic revitalization efforts; or from applicants not previously benefitting from OSLAD assistance.

e) Penalty Factors – (deduct up to 15%)

Consideration is given to the applicant's past performance in completing OSLAD or other Department grant projects or unresolved project violations, ability to properly maintain the project site, and failure to cooperate with the Department in completing the "Illinois Recreation Facilities Inventory" (IRFI).

f) Project Application Review and Grant Award:

Department grant staff, in consultation with executive and appropriate resource staff, reviews all applications in accordance with the established evaluation criteria. Recommendations from the Department grant staff are then submitted to the Director for OSLAD grant approval.

History

• Source: Amended at 46 Ill. Reg. 18097, effective October 27, 2022

17 Ill. Adm. Code 3025.70 Program Compliance Requirements

a) Any property acquired or developed through assistance from the Illinois OSLAD grant program must be open to the public for outdoor recreation use as set forth in this Part without regard to race or color, creed, national origin, sex or disability nor on the basis of residence except to the extent that reasonable differences in user fees may be imposed amounting to no more than double the fees charged to residents. Land acquired with funding assistance from the OSLAD program shall be operated and maintained in perpetuity for public outdoor recreation use. Projects receiving development grant assistance only shall be bound by the terms of this Part for the period of time specified below for the total amount of OSLAD funds expended on the project:

Total Grant Expenditure

Time Period after Final Grant Payment

$0-$50,000

6 years

for every $25,000

increment over $50,000

add 1 year

Property acquired or developed with OSLAD funds may not be converted to a use other than public outdoor recreation use as provided in this Part without prior Department approval. Approval for property conversion will be granted only if the project sponsor substitutes replacement property of at least equal fair market value and comparable outdoor recreation usefulness, quality and location.

b) For projects receiving acquisition assistance, an appraisal must be provided by the sponsoring agency and submitted to the Department for review and certification to establish the property's fair market value. The appraisal must be completed to Department specifications.

c) For projects receiving development assistance, the sponsoring agency must possess either fee simple title or other means of legal control and tenure (easement, lease, etc.) over the property being improved for a period of time commensurate with the program amortization schedule shown in subsection (a), unless otherwise approved by the Department. The Department will consider, on a case-by-case basis, lease arrangements for shorter periods when State statute prohibits a unit of local government from entering into such a long-term agreement, or other circumstances beyond the control of the local unit of government prohibit such arrangements. The sponsor must also adhere to applicable local bidding and procurement requirements and make available to the Department, upon request, all working plans, specifications, contract documents and cost estimates for review prior to commencing work. The format for any advertisement or prospectus soliciting and inviting bids, indicating dates of same, must also be presented, upon request, to the Department for review prior to publication.

d) The local project sponsor is required to enter into an agreement with the Department for an amount agreed upon as necessary to complete the approved project, specifying the related grant assistance amount and program compliance regulations.

e) Upon project completion, the project sponsor must submit a certified project billing request (expenditure statement) listing/verifying all funds expended on the project for which grant assistance is sought, as well as required billing documentation, as follows:

1. Acquisition Project: Proof of good faith negotiations or fair market value offer to land seller, copy of property deed and title insurance policy (Judgement Order in case of condemnation) showing ownership transferred to the local project sponsor, and copies of canceled checks showing proof of payment to seller.

2. Development Projects: Copy of construction As-Built drawings (no larger than 11" x 17") and verification of actual project costs.

f) All financial records on approved projects must be maintained and retained, in accordance with State laws, by the project sponsor for possible State audit after final reimbursement payment is made by the Department.

g) The sponsoring agency must permanently post an OSLAD grant acknowledgment sign at the project site. The necessary sign will be provided by the Department or specifications for its construction will be furnished to the local project sponsor, if requested.

h) Projects assisted with OSLAD grant funds shall be implemented in accordance with all applicable federal, State and local laws, ordinances and regulations relating to public agency expenditure of funds for public works projects.

i) It shall be understood by the project sponsor that a Department representative may make periodic inspections of the project as construction progresses and that a final inspection and acceptance of the completed project must be made by a representative or agent of the Department prior to final payment of grant reimbursement to the local sponsoring agency.

j) The sponsoring agency shall indemnify, protect, defend and hold harmless the Department from any and all liability, costs, damages, expenses, or claims thereof arising under, through or by virtue of the construction, operation and maintenance of OSLAD-assisted facilities.

k) In connection with and prior to the construction, and the subsequent operation and maintenance, of OSLAD-assisted facilities, it shall be understood that the project sponsor is responsible for obtaining any and all necessary construction permits, licenses or forms of consent, as required by law. Failure to obtain any required permits may jeopardize approved grant funding.

l) The sponsoring agency must comply with and abide by the following operation and maintenance provisions:

1. All lands and facilities assisted with OSLAD funds shall be continuously operated and maintained by the sponsoring agency in a safe and attractive manner at no cost to the Department and be operated and utilized in such a manner as to maximize the intended benefits to and for the public.

2. The Department shall have access to OSLAD-assisted facilities at all times for inspection purposes to ensure the project sponsor's continued compliance with this Part.

3. The sponsoring agency may enter into a contract or agreement with responsible concessionaires to operate and/or construct facilities, for dispersing food to the public and/or any other services as may be desired by the public and the sponsoring agency for enjoyable and convenient use of the OSLAD-assisted site. Any and all concession revenue in excess of the costs of operation and maintenance of the OSLAD lands and/or facilities shall be used for the improvement of said lands or facilities or similar nearby public facilities. All sub-leases or licenses entered into by the sponsoring agency with third persons relating to accommodations or concessions to be provided for or at the OSLAD facility for benefit of the public shall be submitted to the Department, upon request, for its approval prior to the sub-lease or license being entered into or granted by the sponsoring agency.

m) Conflict of Interests

1. No official or employee of the local political subdivision who is authorized in his official capacity to negotiate, make, accept, or approve or to take part in such decisions regarding a contract or subcontract in connection with an approved OSLAD grant project shall have any financial or other personal interest in any such contract or subcontract.

2. No person performing services for the local political subdivision in connection with an approved OSLAD grant project shall have a financial or other personal interest other than his employment or retention by that local political subdivision in any contract or subcontract in connection with an approved OSLAD grant project. No officer or employee of such person retained by the local political subdivision shall have any financial or other personal interest in any real property acquired under an approved OSLAD grant project unless such interest is openly disclosed upon the public records of the local political subdivision and such officer, employee or person has not participated in the acquisition for or on behalf of the local political subdivision.

n) The project sponsor certifies that it provides a drug free workplace and related employee assistance as defined and required by the Drug Free Workplace Act [30 ILCS 105/16].

o) Pursuant to 775 ILCS 5/2-105(A)(4), the project sponsor certifies that it has a written sexual harassment policy that includes, at a minimum, the following information:

1. the illegality of sexual harassment;

2. the definition of sexual harassment under State law;

3. a description of sexual harassment utilizing examples;

4. the contractor's internal complaint process, including penalties;

5. the legal recourse, investigation and complaint process available through the Illinois Department of Human Rights and the Human Rights Commission and directions on how to contact both; and

6. protection against retaliation as provided by Section 6-101 of the Illinois Human Rights Act [775 ILCS 5/6-101]. A copy of the policy shall be provided to the Department of Human Rights upon request.

p) Program Violations and Project Termination

1. The State will unilaterally rescind project agreements at any time prior to the commencement of the project in the event that State funds are not appropriated for the grant program. After project commencement, agreements may be rescinded, modified or amended only by mutual agreement with the local political subdivision. A project shall be deemed to be commenced when the local political subdivision makes any expenditure or incurs any obligation, exclusive of architectural and engineering fees, with respect to the project.

2. Failure by the local sponsoring agency to comply with any of the program terms listed in this Section shall be cause for the suspension of all grant assistance obligations, unless, in the judgment of the Department, such failure was due to no fault of the local sponsoring agency (e.g., statutory changes, acts of God).

History

• Source: Amended at 39 Ill. Reg. 1145, effective December 31, 2014

17 Ill. Adm. Code 3025.80 Program Information/Contact

For information on the OSLAD Grant Program, contact:

Illinois Department of Natural Resources

Division of Grant Administration

One Natural Resources Way

Springfield IL 62702-1271

Telephone: 217/782-7481

FAX: 217/782-9599

History

• Source: Amended at 28 Ill. Reg. 10638, effective July 13, 2004

17 Ill. Adm. Code 3025.APPENDIX A Project Evaluation Criteria

STATEWIDE RECREATION PRIORITIES (35%)

Preservation/management of natural areas, wetlands, endangered and threatened species sites; preservation/improvement of wildlife habitat areas; conservation education; water-based recreation opportunities; preservation of greenways and long-distance trail corridors; intergovernmental cooperation benefitting recreation; and improvement of recreation opportunities for disadvantaged populations.

STATEWIDE LOCAL RECREATION NEEDS (25%)

Facility need based on comparison of existing local supply to statewide median.

Development Project (1 - 10 points)

(some, majority or all facilities of high need)

Acquisition Project (0 - 5 points)

(same factors as for development)

Existing supply of available local recreation acreage compared to statewide median for local agencies or locally identified standard per local plan. An evaluation of the types of park acreage available (park system balance) between community parks and neighborhood (walk to) parks is evaluated based on the guideline that approximately 80% of local acreage should be devoted to community park facilities and 20% to neighborhood (walk to) parks.

Development Projects (0 - 5 points)

Acquisition Projects (0 - 10 points)

Specific Project "Service Area" (0 - 10 points)

Neighborhood Park

(highest priority: 1 mile service radius)

(2nd priority: ½ mile service radius)

Community Park

(highest priority: 1st such park within 4 mile radius)

(2nd priority: 1st park within 2 mile radius)

County/Regional Park (multi-community service area)

(Note: physical barriers restricting travel are taken into consideration.)

Exceptions within this category:

(project prevents loss of existing facility)

(project represents unique opportunity with public support or protects important natural areas)

PROJECT JUSTIFIED BY LOCAL PLAN (10%)

Identified as priority in local plan

Development project (0 - 5 points)

Acquisition project (0 - 8 points)

Evidence of "direct" public involvement in project/plan

Development project (0 - 5 points)

Acquisition project (0 - 2 points)

PROJECT CONCEPT AND ENVIRONMENTAL SUITABILITY (25%)

Site Suitability (0 - 13 points)

access to site (vehicular/pedestrian, parking, etc.)

environmental factors and impacts

adjacent land use compatibility

safety issues

Site Design/Concept (0 - 12 points)

recreational diversity including multi-season use

adequate support facilities

diversity of age groups benefitting

site aesthetics and design

site impacts on adjacent land uses

facility cost/benefit assessment

OTHER CONSIDERATIONS (5%)

land or cash donation or volunteer involvement

initial site development

high-density urban population areas

project part of community economic redevelopment initiative

grant "fair share" distribution factor

project by newly created agency

PROJECT PENALTIES

poor past grant performance or "unresolved" project violation

evidence of poor facility maintenance by agency

failure to cooperate with Department in supplying "Illinois Recreation Facilities Inventory" data

necessary application "follow-up" response time unsatisfactory

History

• Source: Amended at 31 Ill. Reg. 9224, effective June 18, 2007

Part 3030 Land and Water Conservation Fund (lwcf) Grant Program

17 Ill. Adm. Code 3030.5 Definitions

Applicant or Project Sponsor – means the eligible political subdivision or public agency within the State of Illinois to which funds from the LWCF Program may be transferred.

Department – means the Illinois Department of Natural Resources.

Director – means the Director of the Illinois Department of Natural Resources or any representative lawfully delegated the authority to act for the Director.

LWCF – means the federal Land and Water Conservation Fund grant program as authorized by the federal Land and Water Conservation Fund Act of 1965, as amended.

NPS – means the National Park Service, United States Department of the Interior.

Project – means any project or project stage approved for Land and Water Conservation Fund Program assistance.

History

• Source: Added at 26 Ill. Reg. 935, effective January 15, 2002

17 Ill. Adm. Code 3030.10 Statutory Basis of Grant Program

a) The Federal authority for the grants programs is stated in Section 1(b) of the Land and Water Conservation Fund Act of 1965, as amended (16 USC 4601-4) The purposes of this Act are to assist in preserving, developing, and assuring accessibility to all citizens of the United States of America of present and future generations and visitors who are lawfully present within the boundaries of the United States of America such quality and quantity of outdoor recreation resources as may be available and are necessary and desirable for individual active participation in such recreation and to strengthen the health and vitality of the citizens of the United States by: providing funds for and authorizing Federal assistance to the States in planning, acquisition, and development of needed land and water areas and facilities; and providing funds for the Federal acquisition and development of certain land and other areas.

b) The State authority for the grants-in-aid program is stated in Sections 1-5, Outdoor Recreation Resources and Facilities Act [20 ILCS 860/1-5].

History

• Source: Amended at 26 Ill. Reg. 935, effective January 15, 2002

17 Ill. Adm. Code 3030.20 Eligibility

a) Agencies eligible for assistance under the LWCF grant program are any unit of local government with statutory authority to acquire, develop and maintain lands for public outdoor recreation purposes. This includes, but is not limited to, counties, townships, municipalities, park districts, conservation districts and forest preserve districts.

b) Grant assistance may be obtained for land acquisition costs (fee simple title or permanent easement, etc.) for public park and/or conservation purposes. The LWCF grant program shall operate on a reimbursement basis providing up to a maximum of 50% funding assistance on total approved project costs. Except, for jurisdictions having populations exceeding 2 million residents, maximum grant awards to any one project in a given year are limited to $750,000 for approved land acquisition projects. Counties serving a population exceeding 2 million residents are eligible for up to $1.15 million in annual LWCF grant funding for approved outdoor recreation acquisition projects. Municipalities with a population exceeding 2 million are eligible for up to $2.3 million in annual LWCF grant funding for approved projects. Eligible projects include, but are not limited to, acquisition of land for the following:

1. general park purposes such as community and neighborhood parks and playfields;

2. frontage on public surface waters for recreation use;

3. open space/conservation purposes to protect floodplains, wetlands, natural areas, wildlife habitat and unique geologic or biologic features; and

4. additions to such areas.

c) Acquisition of land from another public agency (excluding school districts) is not eligible for LWCF grant assistance.

d) Project costs for which reimbursement is sought cannot be incurred by the project applicant prior to grant approval notification or Department authorization. Costs incurred prior to Department approval are ineligible for grant assistance. For acquisition projects, costs are considered incurred when property deed, lease or other conveyance is accepted by the local sponsor or first payment is made on the project property or to an escrow account for the property. In addition, no purchase agreement, option, etc., or price negotiations shall be entered into without Department approval unless done in accordance with State statute.

e) No grant awards shall be awarded for the acquisition of land that will not be available for general public outdoor recreation use.

History

• Source: Amended at 27 Ill. Reg. 753, effective January 6, 2003

17 Ill. Adm. Code 3030.30 General Procedures for Grant Applications and Awards

a) A completed project application for assistance must be submitted by the local project sponsor to DNR in accordance with a schedule publicly announced annually by DNR.

b) Information and instructions necessary for making application for LWCF assistance (OSLAD/LWCF Local Participation Manual) may be obtained from the Division of Grant Administration, Illinois Department of Natural Resources, One Natural Resources Way, Springfield IL 62702-1271, telephone: 217/782-7481.

c) The project application, as described in the OSLAD/LWCF Grant Program Local Participation Manual, consists of the following basic information, at a minimum:

1. applicant's name, address and telephone number;

2. information on the supply of existing public park acreage and recreation facilities located within the project sponsor's (applicant) jurisdiction;

3. an itemized proposed project description and cost estimate;

4. project narrative statement describing the project concept, location, need for and objectives of the project, anticipated benefits, proposed usages and method of financing or accomplishing the project;

5. project location map, site plat (boundary) map and proposed development plan;

6. project environmental evaluation, including:

A) State Historic Preservation Officer review;

B) Endangered and Threatened Species Impact review;

C) Wetland Impact review;

D) U.S. and Illinois Department of Agriculture Prime Farmland Impact review; and

E) State and Areawide Clearinghouse review (Executive Order 12372);

7. a commitment of title insurance or other means of reviewing title for the project property planned for acquisition;

8. verification that the applicant has the resources to initially finance and subsequently develop and manage the project area and will comply with program regulations and indemnify the Department from any liability relative to the project;

9. a signed certification statement indicating the project sponsor (applicant) has not been debarred or suspended from federal grant-in-aid assistance;

10. copy of Federal Emergency Management Agency (FEMA) flood map for project area;

11. indication of project conformance to local, regional and State comprehensive outdoor recreation plans; and

12. name and qualifications of two State licensed appraisers who potentially will be used to appraise the project property's value.

d) Failure to submit a correct and complete application by the publicly announced application deadline date will result in project rejection for that particular grant cycle (year).

e) Awarding of grants will be on a competitive basis (Section 3030.40) and is under authority of the Director of the Department of Natural Resources.

History

• Source: Added at 27 Ill. Reg. 753, effective January 6, 2003

17 Ill. Adm. Code 3030.40 Selection Criteria

The following factors are used by the Department in evaluating and recommending local project applications for funding assistance consideration (see Appendix A):

a) Statewide Outdoor Recreation Priorities – 60%

1. Department Statewide Priorities – 35%

Projects are evaluated in terms of their ability to address major outdoor recreation and conservation issues identified by the Department in its Statewide Outdoor Recreation Plan. These include, but are not limited to, natural area and wetland preservation, protection of endangered/threatened species and critical habitat resources, conservation education, creation of greenways and long distance trail corridors, water-based recreation, recreation for disadvantaged populations and adaptive re-use/redevelopment of urban lands, including brownfields. These priorities are listed in the Department's OSLAD/LWCF Local Participation Grant Manual; Illinois Department of Natural Resources Division of Grant Administration, One Natural Resources Way, Springfield IL 62702-1271.

2. Statewide Local Needs Assessment – 25%

Determination of local need is based on a comparison of:

A) existing local supply of recreation facilities per capita to the statewide median for those facilities as identified in the Department's Statewide Outdoor Recreation Plan; and

B) existing supply and distribution of open space and park land acreage, measured in acres/capita, to the statewide median and/or to locally adopted standards. Recreation needs based on project service area are also given consideration.

b) Project concept and site characteristics – 25%

The project proposal is evaluated in terms of the site's physical and aesthetic qualities, including accessibility; soil, topographic and hydrologic characteristics; site vegetation; compatibility with adjacent land uses; environmental intrusion on the site; impacts to cultural and natural resources; and the overall recreational diversity provided by the project.

c) Local Planning – 10%

The major consideration under this criteria is public support and input into the project plan and existence of a comprehensive local recreation and/or open space plan identifying the proposed project as a priority. Consideration is also given for unique recreation opportunities not specifically identified in a local plan but having documented widespread public support.

d) Other Considerations – 5%

Relevant factors considered in evaluating the overall merits of a project and need for funding include projects located in inner-urban areas; involving private donations; representing economic revitalization efforts; or from applicants not previously benefitting from LWCF assistance.

e) Penalty Factors – (deduct up to 15%)

Consideration is given to the applicant's past performance in completing LWCF or other Department grant projects or unresolved project violations, ability to properly maintain the project site, and failure to cooperate with the Department in completing the Illinois Recreation Facilities Inventory (IRFI).

f) Project Application Review and Grant Award:

Department grant staff, in consultation with executive and appropriate resource staff, reviews all applications in accordance with the established evaluation criteria after which final recommendations are forwarded to the Director for LWCF grant approval.

History

• Source: Amended at 47 Ill. Reg. 16477, effective November 2, 2023

17 Ill. Adm. Code 3030.50 Compliance Requirements

a) The local project sponsor is required to enter into a grant project agreement with the Department for an amount agreed upon as necessary to complete the approved project, specifying the related grant reimbursement amount and program compliance regulations.

b) Grant funds allocated by the Department to a local project sponsor under the Federal Land and Water Conservation Fund program shall be expended in accordance with all applicable federal and State statutes.

c) Property acquired with funding assistance from the LWCF program shall be operated and maintained in perpetuity for public outdoor recreation use as set forth in this Part and the LWCF Act. Property acquired with LWCF assistance may not be converted to a use other than public outdoor recreation use as provided in this Part and 36 CFR 59 (2001; no incorporation by reference in this Part includes later amendments or editions) without Department and NPS approval. Approval for property conversion will be granted in accordance with the LWCF Program (36 CFR 59).

d) The acquisition cost or fair market value of real property acquired with LWCF assistance shall be based on an independent appraisal completed by a State licensed/certified general appraiser and submitted to the Department by the local project sponsor. The appraisals will be reviewed by the Department for acceptance and compliance with standard federal appraisal guidelines.

e) Upon project completion, the project sponsor must submit a certified project billing request (expenditure statement) listing/verifying all property acquired and funds expended on the project for which grant reimbursement is sought, as well as required billing documentation, as follows:

1. proof of good faith negotiations or fair market value offer to land seller;

2. copy of property deed and title insurance policy showing ownership transferred to the local project sponsor (or Judgment Order in the case of eminent domain); and

3. proof of payment to seller.

f) Eligible Project Costs

Project costs eligible for grant assistance shall be determined upon the basis of the criteria set forth in the federal Land and Water Conservation Fund Grants-in-Aid (U.S. Department of the Interior, National Park Service "LWCF Grant Manual" Release #151, dated December 9, 1991) and DNR's OSLAD/LWCF Local Participation Manuals.

g) Project Termination

1. The State may unilaterally rescind project agreements at any time prior to project commencement if federal funds are rescinded. After project commencement, agreements may be rescinded, modified, or amended only by mutual agreement with the local project sponsor. A project shall be deemed commenced when the local political subdivision makes any expenditure or incurs any obligation with respect to the project.

2. Failure by the local project sponsor to comply with the terms of the Land and Water Conservation Fund program or to make satisfactory progress in completing the approved project per terms of the signed grant agreement shall be cause for the suspension of all of DNR's obligations under the agreement.

3. Failure by the project sponsor to comply with the terms of the grant agreement shall not be cause for the suspension of all Land and Water obligations if, in the judgment of the Director, the failure was due to no fault of the local project sponsor.

h) Conflict of Interests

1. No official or employee of the project sponsor who is authorized in his official capacity to negotiate, make, accept, or approve or to take part in such decisions regarding a contract or subcontract in connection with an approved Land and Water project shall have any financial or other personal interest in any such contract or subcontract.

2. No person performing services for the local project sponsor in connection with an approved Land and Water project shall have a financial or other personal interest, other than his employment or retention by that local political subdivision, in any contract or subcontract in connection with an approved Land and Water project. No officer or employee of a person retained by the local support sponsor shall have any financial or other personal interest in any real property acquired under an approved Land and Water project unless that interest is openly disclosed upon the public records of the local project sponsor, and such officer, employee or person has not participated in the acquisition for or on behalf of the local support sponsor.

i) Financial Records

The local project sponsor shall maintain legible financial accounts, documents, and records that accurately support project costs claimed for grant reimbursement, and shall make them available to the Director, NPS, the federal Department of the Interior, and to the U.S. General Accounting Office for auditing during regular business hours. The accounts, documents, and records shall be retained by the local political subdivision for five years following project termination.

j) Use of Facilities

1. The project sponsor shall not at any time convert any property acquired through the LWCF program to other than the public outdoor recreation uses specified in the project proposal without approval of the Department and Director of NPS (per 36 CFR 59).

2. The project sponsor shall operate and maintain, or cause to be operated and maintained, property or facilities acquired through the LWCF program in the manner and according to the standards set forth in the federal Land and Water Grants-in-Aid Manual.

3. The project sponsor may enter into a contract or agreement with responsible concessionaires to operate and/or construct facilities, for dispersing food to the public and/or any other services as may be desired by the public and the sponsoring agency for enjoyable and convenient use of the LWCF-assisted site. Any and all concession revenue in excess of the costs of operation and maintenance of the LWCF lands and/or facilities shall be used for the improvement of those lands or facilities or similar nearby public facilities. All sub-leases or licenses entered into by the sponsoring agency with third persons relating to accommodations or concessions to be provided for or at the LWCF facility for benefit of the public shall be submitted to the Department, upon request, for its approval prior to the sub-lease or license being entered into or granted by the sponsoring agency.

k) Nondiscrimination

1. The local project sponsor shall not discriminate against any person on the basis of race, color, national origin, handicap or age in the use of any property or facility acquired with LWCF grant assistance.

2. The local political subdivision shall comply with 36 CFR 59, promulgated by the U.S. Secretary of the Interior.

3. The local political subdivision shall not discriminate against any person on the basis of residence, except to the extent that reasonable differences in admission or other fees may be maintained on the basis of residence. Reasonable differences shall mean that fees charged to non-residents cannot exceed twice the amount charged to residents. When residents are not charged, but non-residents are charged, the non-resident fee cannot exceed fees charged for residents at comparable State or local public facilities having a fee system.

l) The local project sponsor shall permanently post an LWCF acknowledgment sign at the project site. The necessary sign will be provided by the Department or specifications for its construction will be furnished to the local project sponsor, if requested.

m) Projects assisted with LWCF grant funds shall be implemented in accordance with all applicable federal, State and local laws, ordinances and regulations pertaining to the public expenditures.

n) The sponsoring agency shall indemnify, protect, defend and hold harmless the Department from any and all liability, costs, damages, expenses, or claims arising under, through or by LWCF-assisted facilities.

o) In connection with and prior to the construction, and the subsequent operation and maintenance, of LWCF-assisted facilities, the project sponsor is responsible for obtaining any and all necessary construction permit, licenses or forms of consent required by law. Failure to obtain any required permits may jeopardize approved grant funding.

p) The Department shall have access to LWCF-assisted facilities at all times for inspection purposes to ensure the project sponsor's continued compliance with this Part.

q) The project sponsor shall certify that it provides a drug free workplace and related employee assistance as defined and required by the Drug Free Workplace Act [30 ILCS 105].

r) Pursuant to 775 ILCS 5/2-105(a)(4), the project sponsor shall certify that it has a written sexual harassment policy that includes, at a minimum, the following information:

1. the illegality of sexual harassment;

2. the definition of sexual harassment under State law;

3. a description of sexual harassment, utilizing examples;

4. the contractor's internal complaint process, including penalties;

5. the legal recourse, investigation and complaint process available through the Illinois Department of Human Rights and the Human Rights Commission and directions on how to contact both; and

6. protection against retaliation as provided by Section 6-101 of the Illinois Human Rights Act [775 ILCS 5/6-101]. A copy of the policy shall be provided to the Department of Human Rights upon request.

History

• Source: Amended at 27 Ill. Reg. 753, effective January 6, 2003

17 Ill. Adm. Code 3030.60 Land and Water Conservation Fund Information

Write: Illinois Department of Natural Resources

Division of Grant Administration

One Natural Resources Way

Springfield IL 62702-1271

Telephone: 217/782-7481

e-mail: grants@dnrmail.state.il.us

History

• Source: Amended at 27 Ill. Reg. 753, effective January 6, 2003

17 Ill. Adm. Code 3030.APPENDIX A Project Evaluation Criteria

STATEWIDE RECREATION PRIORITIES (35%)

Preservation/management of natural areas, wetlands, endangered and threatened species sites; preservation/improvement of wildlife habitat areas; conservation education; water-based recreation opportunities; preservation of greenways and long-distance trail corridors; intergovernmental cooperation benefitting recreation; and improvement of recreation opportunities for disadvantaged populations.

STATEWIDE LOCAL RECREATION NEEDS (25%)

Facility need based on comparison of existing local supply to statewide median.

Acquisition Project (0 - 5 points)

(none, some, majority or all facilities, of high need)

Existing supply of available local recreation acreage compared to statewide median for local agencies or locally identified standard per local plan. An evaluation of the types of park acreage available (park system balance) between community parks and neighborhood (walk to) parks is evaluated based on the guideline that approximately 80% of local acreage should be devoted to community park facilities and 20% to neighborhood (walk to) parks.

Acquisition Projects (0 - 10 points)

Specific Project "Service Area" (0 - 10 points)

Neighborhood Park

(highest priority: ½ mile service radius)

(2nd priority: ¼ mile service radius)

(lowest priority: overlapping service areas)

Community Park

(highest priority: 1st such park within 2 mile radius)

(2nd priority: 1st park within 1 mile radius)

(lowest priority: similar facility in service area)

County/Regional Park (multi-community service area)

(Note: physical barriers restricting travel are taken into consideration.)

Exceptions within this category:

(project prevents loss of existing facility)

(project represents unique opportunity with public

support or protects important natural areas)

PROJECT JUSTIFIED BY LOCAL PLAN (10%)

Identified as priority in local plan

Acquisition Project (0 - 8 points)

Evidence of "direct" public involvement in project/plan

Acquisition Project (0 - 2 points)

PROJECT CONCEPT AND ENVIRONMENTAL SUITABILITY (25%)

Site Suitability (0 - 12 points)

access to site (vehicular/pedestrian, parking, etc.)

environmental factors and impacts

adjacent land use compatibility

safety issues

Site Design/Concept (0 - 13 points)

recreational diversity, including multi-season use

adequate support facilities

diversity of age groups benefitting

site aesthetics and design

site impacts on adjacent land uses

facility cost/benefit assessment

OTHER CONSIDERATIONS (5%)

land or cash donation or volunteer involvement

high-density urban population areas

project part of community economic redevelopment initiative

grant "fair share" distribution factor

project by newly created agency

PROJECT PENALTIES (up to 15 point deduction or possible ineligibility)

poor past grant performance or "unresolved" project violation

evidence of poor facility maintenance by agency

failure to cooperate with Department in supplying Illinois Recreation Facilities Inventory data

necessary application "follow-up" response time unsatisfactory

History

• Source: Amended at 27 Ill. Reg. 753, effective January 6, 2003

Part 3035 Boat Access Area Development Program

17 Ill. Adm. Code 3035.10 Program Objectives

The purpose of the Boat Access Area Development Program is to provide financial assistance to Local Agencies to encourage the development, improvement and expansion of public boat access areas in Illinois.

History

• Source: Amended at 15 Ill. Reg. 4117, effective March 4, 1991

17 Ill. Adm. Code 3035.20 Eligibility Requirements

Local Agencies eligible for assistance under this grant program include municipalities, townships, counties, park districts, conservancy districts and port districts, or any other local government agencies capable of providing lands for public recreational purposes.

History

• Source: Amended at 19 Ill. Reg. 15400, effective October 26, 1995

17 Ill. Adm. Code 3035.30 Assistance Formula

Financial Assistance up to 100% of eligible project construction costs and 90% of eligible project land acquisition costs can be provided through this program. Maximum grant award to any one project in a given year is $200,000 for motorized boat launch facilities and $80,000 for non-motorized/canoe launch facilities.

History

• Source: Amended at 31 Ill. Reg. 9237, effective June 18, 2007

17 Ill. Adm. Code 3035.40 General Procedures for Grant Awards

a) Grant applications for funding assistance under the program must be submitted to and received by the Department no later than September 1 of each calendar year. Awarding of grants will be made under the authority and directive of the Director of the Department. The number of grants awarded is limited to the total amount of funds available for the program in the given fiscal year.

b) The project application consists of the following components:

1. Completed application forms

2. Location map

3. Site plan

4. Site Premise/Plat Map

5. Resolution of the governing body of the Local Agency authorizing submittal of an application for assistance from the Boat Access Area Construction Program

6. Proof of land ownership or lease

7. Acknowledgement of State review and sign-off regarding cultural resources [20 ILCS 3420/1], endangered species [520 ILCS 10/11], wetlands [20 ILCS 830/1-1], and prime farmland preservation [505 ILCS 75/1].

History

• Source: Amended at 19 Ill. Reg. 15400, effective October 26, 1995

17 Ill. Adm. Code 3035.50 Applicable Facilities

The following facilities are eligible for consideration in the construction of boat access areas:

a) Boat and canoe launching ramp/area

b) Maneuvering area for car and trailer adjacent to ramps

c) Parking area to service ramp users

d) Access road to the ramp (up to ¼ mile in length) and parking area

e) Sanitary facilities including potable water supply and sewage facilities

f) Initial channel improvements in launching ramp area

g) Security lighting and burial of existing overhead utility lines

h) Walkways adjacent to and serving ramp

i) Courtesy docks

j) Marine sanitary disposal stations

k) Docks to support gas pumps

l) Land acquisition necessary to provide boating access to Illinois' surface waters

m) Other facilities deemed by the Department to add to the ease of operations or maintenance, or add to the use of the facility, so long as it applies to, and is of use to the boating public.

History

• Source: Amended at 19 Ill. Reg. 15400, effective October 26, 1995

17 Ill. Adm. Code 3035.60 Selection Criteria

a) The following criteria will be taken into consideration by the Department in evaluating and selecting projects for funding. Numerical values will be established for each of the criteria as follows:

1. Financial Cooperation – financial participation by the Local Agency. (0-10)

2. Projected Usage – demand for and anticipated usage of the proposed facility. (0-25)

3. Impact on Business – impact on privately owned boating related business in the area. (0-5)

4. Site Suitability – site related conditions and design features relating to the proposed development grant. (0-20)

5. Program Suitability – is the proposed project in line with the overall purpose of the grant program? (0-10)

6. Ability to Maintain – capability of the applicant to operate and maintain the facility. (0-10)

7. User Fees – are user fees being charged; are they fair and equal; are charges the same for residents and non-residents of sponsor's jurisdiction? (0-5)

8. Cost/Benefit Assessment and User Input Justification – is project justified by local plan or user study reflecting public input and anticipated use level? (0-8)

9. Water Body Served – priority given to providing boater access to major bodies of water in Illinois. (0-15)

10. Current Access Availability – initial access to body of water given priority. (0-7)

b) The Department will review, evaluate and prioritize the applications utilizing the criteria listed above. Awarding of grants is on a competitive basis and made under authority and directive of the Director of the Department of Natural Resources. In arriving at a final determination, the Director will consider the recommendations of Department staff and the criteria listed above.

History

• Source: Amended at 47 Ill. Reg. 16482, effective November 2, 2023

17 Ill. Adm. Code 3035.70 Program Compliance Requirements

a) The land to be used in development of boat access areas must be owned in fee simple or leased by the Local Agency. The Local Agency must provide proof of ownership or lease before plans for the facility can proceed. The term of the lease is determined by the amount of the contract.

b) For projects receiving assistance to acquire land for a boat access area, an independent appraisal must be completed by the sponsoring agency and certified by the Department to establish a fair market value for the project property. The appraisal must be completed to Department specifications using the Uniform Standards of Professional Appraisal Practice (USPAP) (2006), available from The Appraisal Foundation, 1155 15th Street NW, Suite 1111, Washington D.C. 20005, (202) 347-7722, www.appraisalfoundation.org or the Uniform Appraisal Standards for Federal Land Acquisitions (2000), available from the Appraisal Institute, 550 Van Buren Street, Suite 1000, Chicago IL 60607, (312) 335-4100, www.appraisalinstitute.org. Applicants should contact DNR for more specific information or applicable appraisal materials. Title to any property for which grant reimbursement is sought shall not be taken nor payment made for such property by the sponsoring agency before Department approval is received. Grant payment shall be limited to no more than 90% reimbursement of the certified fair market value and in no case shall exceed actual cash payment for the property.

c) Land acquired with grant assistance must be subsequently developed as a public boat access area in general accordance with the approved project application proposal within 3 years following the date title is secured for the property. Failure to improve the property for such use within the 3 year time period shall result in the property being considered "converted" from its intended use necessitating remedial action, as specified in subsection (p) by the Local Agency.

d) The Local Agency is required to enter into a Standard Agreement with the Department in an amount agreed upon by the Local Agency and the Department as that necessary to complete the Department's share of project costs. Any costs incurred in the development and construction of the facilities in excess of the specified amount shall be paid by the Local Agency.

e) The Local Agency shall employ a competent engineering or architectural firm to develop necessary plans and specifications and to provide all other necessary design and construction supervision services for an approved project. The Department may waive this requirement if the Local Agency possesses duly licensed and qualified in-house engineering and/or architectural staff capable of performing such services.

f) If the Local Agency, by its unilateral action, terminates the project at any point short of its completion, the Local Agency shall be liable for all costs incurred and all monies forwarded to the Local Agency related to the project. The Local Agency shall agree to indemnify the Department and hold it harmless from any and all liability.

g) The Local Agency shall present to the Department, upon request, all plans, specifications, contracts or documents and cost estimates for all work to be done by a specified date. If this date cannot be met, it will be the responsibility of the Local Agency to show cause in writing to the Department. The plans and specifications shall contain the seal and signature of a registered Professional Engineer or Architect as the case may be. The Local Agency shall provide documentation to the Department, upon request, that advertised bids were published for all work to be completed through public letting for competitive bids and all bidding tabulations shall be submitted to the Department, upon request, for approval of the lowest qualified bid. The Local Agency shall be responsible for the completion of the project within the time period specified in the contract.

h) The Local Agency shall insert as an integral part of any contract with the approved bidder the following provisions:

1. That the contractor shall abide by and comply with all applicable local, State and federal laws in connection with contracts involving public funds, the construction or development of public buildings, works or facilities.

2. That the contractor shall furnish to the Local Agency and the Department, upon request, performance bonds with surety or sureties, with penalty or loss clauses, relating to the construction of the proposed facilities and any losses or damages arising out of, or by virtue of the construction by the contractor of the specified boat launching facilities, insuring, benefitting and protecting the Local Agency and the Department.

3. That the contractor shall personally and individually agree to furnish evidence of insurance, indemnify, protect, defend at its own cost, and hold harmless the Local Agency and the Department from and against all losses, damages, injuries, costs, expenses or claims to or by persons or property arising out of, through, under or by virtue of the construction and development of the specified boat launching or access facilities.

i) Upon the Department's receipt from the Local Agency of each progress report or pay estimate that is within the scope of the contract, the Department shall issue payment.

j) The Local Agency shall agree to display a Boat Access Area Development grant program sign provided by the Department at the project site for the period of time indicated in subsection (q). The Local Agency may substitute a comparable sign of its own design if approved by the Department.

k) A Department representative will be available for assistance upon request. A final inspection of the completed project must be made by the Department prior to final grant payment to the Local Agency.

l) The Local Agency shall indemnify, protect, defend and hold harmless the Department from any and all liability, costs, damages, expenses, or claims arising under, through or by virtue of the construction, operation and maintenance of the proposed boat launching and access facilities.

m) The Local Agency shall be responsible for and obtain all necessary permits, licenses or forms of consent from, but not limited to, the following agencies:

1. U.S. Army Corps of Engineers.

2. Illinois Department of Natural Resources regarding cultural resources, endangered species, wetlands, and water resource impacts.

3. Illinois Department of Transportation (Division of Highways).

4. Environmental Protection Agency.

5. Illinois Historic Preservation Agency.

6. Local building or zoning agencies or boards, where applicable.

n) The Local Agency agrees to comply with the Recreational Area Licensing Act [210 ILCS 95] and the Environmental Barriers Act [410 ILCS 25].

o) The Local Agency shall agree to abide by the following operation and maintenance provisions:

1. General.

A) Operation and maintenance of the grant project facility is the responsibility of the Local Agency. The boat launching and access facilities shall be continuously operated and maintained by the Local Agency at no cost to the Department and shall be operated and utilized in a manner that maximizes the intended benefits to and for the general public.

B) All land and water areas that are open to the public shall be available for use and enjoyment by the public without regard to race or color, sex, national origin, age or disability. No lessee or licensee of an area under a concessionaire providing a service to the public, including facilities and accommodations, shall discriminate against any person or persons because of race, color, sex, national origin, age or disability in the conduct of its operation under the lease, license or concession agreement.

C) No improvements, alterations or modifications of these facilities shall be permitted except with the prior approval in writing by the Department. Approval will be given by the Department if the improvements, alterations or modifications comply with the criteria in Section 3035.50.

D) The Department shall have access to all facilities at all times to ensure management and use of the facilities are in compliance with specified program regulations.

E) Boats with gasoline or diesel motors shall not be prohibited from using any facility funded through State Boating Act Funds to launch and recover unless the facility is a designated canoe launch facility as approved by the Department.

2. User Fees.

A) The Department discourages the charging of user fees; however, the Local Agency may, by formal resolution of the governing unit, charge minimal fees to offset operation and maintenance, security, and public health and safety costs.

B) In the case of locally owned water impoundments, the incurred costs to be offset may also include navigational aids, rescue aids, water patrol and other related costs that are absolutely necessary.

C) No other costs will be allowed in calculating the minimal fee. Any discretionary fee for special services that is not a part of the project funded from Marine Motor Fuel Tax Revenue, such as boat slips, moorings or other services that cannot be used by all boaters, shall be levied separately.

D) The setting, administering and justifying of the fees to the general public is primarily the responsibility of the Local Agency. The Department reserves the right to ensure that any fee is within the scope of the contract.

E) The Local Agency shall maintain accounting records to explain receipt and deposition of all fees related to the launching facility and the Department may request or audit those records at anytime to ensure the revenue received from the fees is being used to operate and maintain the facility. All financial records on approved projects must be maintained and retained, in accordance with State laws, by the project sponsor for possible State audit after final reimbursement payment is made by the Department.

F) If fees are determined necessary by the Local Agency, the charging of reasonable daily fees, as well as seasonal use fees, shall be provided to assure that the occasional user is afforded access to the waters served by the facility. In the event the boat access facility is within the boundaries of a public park or recreational area, no annual fee shall be required of non-park district residents using only the boat launching facility constructed or improved with the aid of this grant. However, a daily fee may be required by the Local Agency provided it does not exceed the annual park district fee for residents, computed on a daily basis.

G) Prior to charging of user fees, the Local Agency is required to give public notice of the fees at least 30 days in advance of the effective date of the fees and provide a copy of the proposed fee schedule and the public notice to the Department prior to implementation.

H) The method of collecting fees shall be established by the Local Agency. However, the general public shall not be restricted from use of the facility upon arrival if an authorized representative of the Local Agency is not present to receive the required fee.

I) An information sign that lists rules and regulations regarding fees shall be posted in a conspicuous place near a boat ramp or launching site.

p) Properties acquired or developed with grant assistance must not be converted to a use that would deny public boat access and use of Illinois' surface waters per terms of this Part without prior Department of Natural Resources approval. Approval for conversion of property acquired per terms of this Part shall only be granted upon the following:

1. the Local Agency provides replacement property of at least equal fair market value and comparable recreational usefulness, quality and general location; or

2. the repayment of funds to the State of Illinois equals the actual amount of grant funds or 50% of the property's certified fair market value at the time of conversion, whichever is greater.

q) For projects receiving development/construction grant assistance only, terms of the grant agreement between the Local Agency and the Department shall no longer apply after the time period established in this subsection relating to the total amount of grant funds received.

Total Grant Amount

Time Period After Receipt of Final Grant Payment

$0-$25,000

7 years

$25,001--$100,000

12 years

$100,001-$200,000

17 years

r) Leasing or assignment of a Department funded facility is prohibited without prior approval of the Department.

s) The Local Agency shall agree that, in the event of its breach or non-compliance with any of the terms of the agreement between the Local Agency and the Department, 10 days following receipt of a written notice from the Department of the existence of the breach or non-compliance, if the condition is not corrected within this 10 day period, the Department shall have full right and authority to take the action it deems necessary, whether by way of injunction or otherwise, to enforce the provisions of the agreement. In the event it is adjudicated by any court that the Local Agency's activities are deemed to be a breach or violation of the agreement, as a part of the relief awarded to the Department, the Local Agency will reimburse the Department for the legal fees and all costs incurred by the Department in the pursuit of its rights under this subsection. For purposes of this subsection, "legal fees" shall be deemed to be the entire sum presented for payment by any attorney or law firm to the Department relating to the claim of the Department alleging the Local Agency's breach or violation, that sum being approved for payment by the Attorney General's office of the State of Illinois. For purposes of this subsection, "costs" shall be deemed to be all those expenses, including court costs, reasonably incurred by the Department. In the event of breach of the agreement, the Department reserves the right to demand return of any State funds awarded under the agreement.

t) The Local Agency shall agree that the Department reserves the right to audit records relative to the agreement.

History

• Source: Amended at 31 Ill. Reg. 9237, effective June 18, 2007

17 Ill. Adm. Code 3035.80 Program Information Contact

Write: Illinois Department of Natural Resources

Division of Grant Administration

One Natural Resources Way

Springfield IL 62702-1271

Telephone: 217-782-7481

History

• Source: Amended at 28 Ill. Reg. 10644, effective July 13, 2004

Part 3040 Illinois Bicycle Path Grant Program

17 Ill. Adm. Code 3040.10 Program Objectives

The purpose of the program is to provide financial assistance to eligible local units of government to assist them in the acquisition, construction, and rehabilitation of public off-road, non-motorized bicycle paths and directly related facilities (such as signs, drinking water, rest rooms) in Illinois. Bicycle routes/lanes sharing existing roadway surfaces are not eligible for funding assistance under this program.

History

• Source: Amended at 22 Ill. Reg. 4902, effective March 2, 1998

17 Ill. Adm. Code 3040.20 Eligibility Requirements

Agencies eligible for assistance under the grant program are any units of local government with statutory authority to acquire, develop and maintain lands for bicycle trail purposes. This includes, but is not limited to, counties, townships, municipalities, park districts, conservation districts and forest preserve districts.

17 Ill. Adm. Code 3040.30 Assistance Formula

The grant program shall operate on a reimbursement basis providing up to a maximum of 50% funding assistance on total approved project costs. Maximum grant awards for development projects shall be limited to $200,000 per request. No grant limit is established for acquisition projects.

17 Ill. Adm. Code 3040.40 General Procedures for Grant Applications and Awards

a) Grant applications for funding assistance under this program must be submitted in accordance with schedules to be publicly announced annually by the Department of Natural Resources. Necessary application forms and instructions are available through the Department. Awarding of grants will be on a competitive basis and will be made under the authority of the Director of the Department of Natural Resources.

b) Project grant applications shall consist of the following basic components, at a minimum:

1. local project sponsor's name, address and telephone number;

2. existing supply of public bicycle trails currently existing within jurisdiction of the project sponsor;

3. an itemized proposed project cost estimate;

4. project narrative statement describing the project concept, location, need for and objectives of the project, anticipated benefits, proposed trail usages and method of financing or accomplishing the project;

5. project location map, site plat map and proposed development plan;

6. project environmental evaluation;

7. proof of land ownership or usage rights for development project or commitment of title insurance for property planned for acquisition; and

8. a signed document by the project sponsor verifying the applicant has the resources to initially finance and properly manage the project area and will comply with program regulations and indemnify the Department from any liability relative to the project.

c) A program information packet may be obtained from the Division of Grant Administration, Illinois Department of Natural Resources, One Natural Resources Way, Springfield IL 62702-1271, telephone 217/782-7481.

History

• Source: Amended at 28 Ill. Reg. 10647, effective July 13, 2004

17 Ill. Adm. Code 3040.50 Eligible Project Costs

a) Grant assistance may be otained for the following items:

1. Land acquisition costs (fee simple title, permanent easement or long-term lease) for bicycle paths, including associated appraisal costs approved by the Department. For acquisition of less than fee simple title or permanent easement, such as a lease agreement, the agreement must cover a minimum time period of 25 years, unless otherwise approved by the Department. The Department will consider, on a case-by-case basis, lease arrangements for shorter periods when State statute prohibits a unit of local government from entering into such a long-term agreement, or other circumstances beyond the control of the local unit of government prohibit such arrangements to assure the land lease is not rescinded prior to the terms of the amortization schedule in the project agreement being fulfilled. For example: statutory limitations prevent longer than five year lease, but lease is automatically renewable.

2. Bicycle path development costs including, but not necessarily limited to, site clearing and grading, surfacing, drainage, bridging, access control devices, fencing, signs and associated support facilities such as parking areas, access roads, shelters, restrooms, safety lighting, potable water supply and other directly related bicycling support facilities. Architectural/engineering services deemed necessary for the proper design and construction of project bicycle paths are also considered eligible development costs.

b) Project costs for which reimbursement is sought cannot be incurred by the project applicant until after grant approval notification. Costs incurred prior to Department approval are ineligible for grant assistance. For acquisition projects, costs are considered incurred when property deed, lease or other conveyance is accepted by the local sponsor or first payment is made on the project property or to an escrow account/agent for the property. In addition, no purchase agreement, option, etc., or price negotiations shall be entered into prior to Department approval. Development project costs are considered incurred on the date construction contracts are signed or actual physical work begins on the project site or project materials are delivered.

c) No grant awards shall be awarded for the acquisition or development of land which will not be available for public bicycling use.

History

• Source: Amended at 22 Ill. Reg. 4902, effective March 2, 1998

17 Ill. Adm. Code 3040.60 Project Evaluation Priorities

The following factors are used by the Department in evaluating and recommending project applications for funding assistance consideration (see Appendix A):

a) projects providing land acquisition or long-term/permanent easements;

b) projects providing the development of a bicycle trail system, especially well-developed long distance trails or connector trails linking several exisiting trails;

c) projects located in areas of high demand or readily accessible to major population centers;

d) projects proposing initial development of bicycling facilities at the project site;

e) projects where long-term operations and maintenance capability is clearly demonstrated by local Sponsor;

f) projects specifically identified or supported by State, Regional or local bicycle trail planning initiatives/documents developed through broad-based public input; and

g) project site physical characteristics/attributes including scenic quality; associated natural and cultural resources; environmental suitability; safety factors; adjacent land use compatibility and available trail user amenities such as adequate parking, restrooms, drinking water, etc.

17 Ill. Adm. Code 3040.70 Program Compliance Requirements

a) Any property acquired or developed through assistance from the Illinois Bicycle Path Grant Program must be open to the general public for bicycle use. Property acquired or developed with program assistance may not be converted to a use which would deny bicycle use as provided by terms of the Project Agreement without prior Department approval. Approval for property conversion will be granted only if the project sponsor substitutes replacement property equal in fair market value and comparable in bicycling usefulness, quality and location.

b) Land acquired with funding assistance from the Illinois Bicycle Path Grant Program shall be operated and maintained in perpetuity for public bicycle path and recreation use.

c) For projects receiving development grant assistance only, terms of this Part shall no longer apply after the time period specified below relating to the total amount of grant funds expended on the project:

Total Grant Award

Time Period After Final Project Billing

$0-$50,000

5 years

for every $10,000 increment over $50,000

add 1 year

d) For projects receiving acquisition assistance, an appraisal must be provided by the sponsoring agency and submitted to the Department for review and certification. The appraisal must be completed to Departmental specifications. Title to any property for which grant reimbursement is sought cannot be taken by the sponsoring agency before Department approval of Certified Fair Market Value for the property is received.

e) For projects receiving development assistance, the sponsoring agency must possess either fee simple title or a permanent easement to the property being improved or an approved lease arrangement of at least 25 years, unless otherwise approved by the Department. The Department will consider, on a case-by-case basis, lease arrangements for shorter periods when State statute prohibits a unit of local government from entering into such a long-term agreement, or other circumstances beyond the control of the local unit of government prohibit such arrangements (see Section 3040.50(a)(1)). The sponsor must also adhere to applicable state and local procurement requirements and make available to the Department all working plans, specifications, contract documents and cost estimates for review prior to commencing work. The format for any advertisement or prospectus soliciting and inviting bids, indicating dates of same, must also be presented, upon request, to the Department for review prior to publication. The Department will notify the project sponsor if the proposed project requires approval from a registered structural engineer.

f) The local sponsoring agency is required to enter into an agreement with the Department for an amount agreed upon as necessary to complete the approved project, specifying the related grant reimbursement amount and program compliance regulations.

g) Upon project completion, the project sponsor must submit a certified project billing request (expenditure statement) listing/verifying all funds expended on the project for which grant reimbursement is sought, as well as required billing documentation, as follows:

1. ACQUISITION PROJECT: Proof of fair market value offer to seller for the property, copy of deed (Judgement Order in case of condemnation) showing ownership transferred to the local project sponsor, and copies of cancelled check(s) showing proof of payment to seller.

2. DEVELOPMENT PROJECTS: Copy of Construction As-Built drawings (no larger than 11" x 17"), copy of receipts/invoices for project costs, and copy of cancelled checks showing proof of payment.

h) Financial records on approved projects must be maintained and retained by the project sponsor for possible State audit for a period of 5 years after final reimbursement payment is made by the Department.

i) The sponsoring agency must permanently post a Bicycle Path Grant Program acknowledgement sign at the project site where grant assistance is involved. The necessary sign will be provided by the Department -or specifications for its construction will be furnished to the local project sponsor, if requested.

j) Projects assisted with Illinois Bicycle Path Grant funds shall be implemented in accordance with all applicable federal, State and local laws, ordinances and regulations relating to public agency expenditure of funds for public works projects.

k) It shall be understood by the project sponsor that a Department representative may make periodic inspections of the project as construction progresses and that a final inspection and acceptance of the completed project must be made by a representative or agent of the Department prior to final payment of grant reimbursement to the local sponsoring agency.

l) The sponsoring agency shall indemnify, protect, defend and hold harmless the Department from any and all liability, costs, damages, expenses, or claims thereof arising under, through or by virtue of the construction, operation and maintenance of Program-assisted bicycle path facilities.

m) In connection with and prior to the construction, and thereafter the subsequent operation and maintenance of Program-assisted bicycle facilities, it shall be understood that the project sponsor is responsible for obtaining any and all necessary construction permits, licenses or forms of consent as may be required by law. Failure to obtain any required permit(s) may jeopardize approved grant funding.

n) The sponsoring agency must comply with and abide by the following operation and maintenance provisions:

1. All bicycle facilities financed with funds from this grant program shall be continuously operated and maintained by the sponsoring agency at no cost to the Department and shall be operated and utilized in such a manner as to maximize the intended benefits to and for the general public.

2. The sponsoring agency shall satisfactorily maintain Program-assisted bicycle path facilities so as to promote the safe and enjoyable usage of the facility by the public.

3. All bicycle path facilities financed with funds from this grant program shall be open to the public for use and enjoyment without regard to race, color, disability, creed or national origin. No lessee or licensee of an area under a lease or license providing for a public or quasi-public use and no concessionaire of a lessee or licensee providing a service to the public, including facilities and accommodations, shall unlawfully discriminate against any person or persons because of race, color, disability, creed, or national origin in the conduct of its operation under the lease, license or concession agreement.

4. The charging of fees for general public use of bicycle path facilities financed with funds from this grant program is strongly discouraged. However, if it is deemed necessary by the sponsoring agency that fees must be levied for use of these facilities, the sponsoring agency shall:

A) receive prior approval from the Department for scheduled fees to be charged;

B) clearly document that existing agency operation and maintenance budget is not sufficient to cover the added cost of properly operating and maintaining the project facility; and

C) deposit all fees in a separate account to be used for maintenance of and improvement to the Program-assisted facility only.

5. The Department shall have access to Program-assisted facilities at all times for inspection purposes to ensure project sponsor's continued compliance with this Part.

6. The sponsoring agency may enter into a contract or agreement with responsible concessionaires to operate and/or construct bicycle rental facilities, for dispersing food to the public and/or any other services as may be desired by the public and the sponsoring agency. Any and all concession revenue in excess of the costs of operation and maintenance of Program-assisted bicycle facilities shall be used for the improvement of said facilities or similar public bicycling facilities in nearby areas.

7. All sub-leases or licenses entered into by the sponsoring agency with third persons relating to accommodations or concessions to be provided for or at the bicycle path facility for the benefit of the general public shall be submitted to the Department, upon request, for its approval prior to said sub-lease or license being entered into or granted by the sponsoring agency.

o) Conflict of Interests

1. No official or employee of the local political subdivision who is authorized in his official capacity to negotiate, make, accept, or approve or to take part in such decisions regarding a contract or subcontract in connection with an approved bicycle path grant project shall have any financial or other personal interest in any such contract or subcontract.

2. No person performing services for the local political subdivision in connection with an approved bicycle path grant project shall have a financial or other personal interest other than his employment or retention by that local political subdivision in any contract or subcontract in connection with an approved bicycle path grant project. No officer or employee of such person retained by the local political subdivision shall have any financial or other personal interest in any real property acquired under an approved bicycle path grant project unless such interest is openly disclosed upon the public records of the local political subdivision and such officer, employee or person has not participated in the acquisition for or on behalf of the local political subdivision.

p) The Project Sponsor certifies that it provides a drug free workplace and related employee assistance as defined and required by the Drug Free Workplace Act [30 ILCS 105/16].

q) Pursuant to 775 ILCS 5/2-105(A)(4), the Project Sponsor certifies that it has a written sexual harassment policy that includes, at a minimum, the following information:

1. the illegality of sexual harassment;

2. the definition of sexual harassment under State law;

3. a description of sexual harassment utilizing examples;

4. the Contractor's internal complaint process including penalties;

5. the legal recourse, investigation and complaint process available through the Illinois Department of Human Rights and the Human Rights Commission and directions on how to contact both; and

6. protection against retaliation as provided by Section 6-101 of the Illinois Human Rights Act. A copy of the policy shall be provided to the Department of Human Rights upon request.

r) Program Violations and Project Termination

1. The State will unilaterally rescind project agreements at any time prior to the commencement of the project in the event that State funds are not appropriated for the grant program. After project commencement, agreements may be rescinded, modified or amended only by mutual agreement with the local political subdivision. A project shall be deemed to be commenced when the local political subdivision makes any expenditure or incurs any obligation with respect to the project.

2. Failure by the local sponsoring agency to comply with any of the above cited Program terms shall be cause for the suspension of all grant assistance obligations thereunder, unless, in the judgement of the Department, such failure was due to no fault of the local sponsoring agency (e.g., statutory changes, acts of God).

History

• Source: Amended at 22 Ill. Reg. 4902, effective March 2, 1998

17 Ill. Adm. Code 3040.80 Program Information/Contact

For information on the Illinois Bicycle Path Grant Program, contact:

Illinois Department of Natural Resources

Division of Grant Administration

One Natural Resources Way

Springfield IL 62702-1271

Telephone: 217/782-7481

FAX: 217/782-9599

History

• Source: Amended at 28 Ill. Reg. 10647, effective July 13, 2004

17 Ill. Adm. Code 3040.APPENDIX A Project Evaluation Criteria

NEED – 35%

Population Served (proximity to high population areas)

Project of National, State, Regional or Local Significance

General – first trail in service area

Major expansion to existing trail system or significant additional trail in service area

Vital link between existing major trail systems

Addresses major safety issue

Identified in Trail Plan – State, Regional or Local Trail Plan

(consideration also given to unique situations having public support, but no plan)

PHYSICAL CHARACTERISTICS OF TRAIL – 50%

Overall trail length as well as specific project trail length

Environmental factors/trail attributes

Scenic quality

Connect with other recreational areas, schools

Unique cultural/natural resources along trail

Adjacent land uses compatible

Development problems associated with trail (negative)

Safety hazards (negative)

Multiple use (equestrian, snowmobiling) bonus

User amenities available (restrooms, water, etc.)

Continuity of trail ROW

Access to Trail (convenient - remote)

Other trail user amenities/opportunities (picnic, camping, shopping, etc.)

DEVELOPMENT PLAN – 2%

ABILITY TO MAINTAIN – 3%

OTHER CONSIDERATIONS/FACTORS – 10%

(Land donation, serves minority population, inter-governmental cooperation, safety concerns, economic/tourism benefits)

History

• Source: Amended at 22 Ill. Reg. 4902, effective March 2, 1998

17 Ill. Adm. Code 3040.APPENDIX B Application Form (repealed)

History

• Source: Repealed at 22 Ill. Reg. 4902, effective March 2, 1998

17 Ill. Adm. Code 3040.APPENDIX C Acquisition Data (repealed)

History

• Source: Repealed at 22 Ill. Reg. 4902, effective March 2, 1998

17 Ill. Adm. Code 3040.APPENDIX D Development Data (repealed)

History

• Source: Repealed at 22 Ill. Reg. 4902, effective March 2, 1998

17 Ill. Adm. Code 3040.APPENDIX E Narrative Statement and Environmental Evaluation (repealed)

History

• Source: Repealed at 22 Ill. Reg. 4902, effective March 2, 1998

17 Ill. Adm. Code 3040.APPENDIX F Certification Statement (repealed)

History

• Source: Repealed at 22 Ill. Reg. 4902, effective March 2, 1998

17 Ill. Adm. Code 3040.APPENDIX G Application for Federal/State Assistance (repealed)

History

• Source: Repealed at 22 Ill. Reg. 4902, effective March 2, 1998

Part 3045 Off-Highway Vehicle Recreational Trails Grant Program

17 Ill. Adm. Code 3045.10 Program Objective

The intent of the grant program is to provide financial aid to government agencies, not-for-profit organizations, and other eligible groups or individuals as noted in Section 3045.20 to develop, operate, maintain, and acquire land for off-highway vehicle parks, trailside facilities and trails that are open and accessible to the public in Illinois, as well as maintenance and repair of the parks, trails and trailside facilities. Funds for the grant program are derived from revenue generated in the Off-Highway Vehicle Trails Fund, a special fund in the State Treasury.

History

• Source: Amended at 26 Ill. Reg. 3470, effective February 25, 2002

17 Ill. Adm. Code 3045.20 Program Eligibility Requirements

Agencies eligible for financial assistance through the Off-Highway Vehicle Trails Fund, hereafter referred to as the OHV grant program, include units of government, private OHV clubs or organizations in Illinois having not-for-profit incorporation status, business entities and private individuals. Entities other than governmental bodies seeking financial assistance through the grant program must also possess minimum liability insurance coverage of $1,000,000 per occurrence on the facilities to be operated under the scope of the proposed project application. OHV funds may only be awarded and used for off-highway vehicle projects located within the State boundaries of Illinois and open to the general public.

17 Ill. Adm. Code 3045.30 Funding Assistance Formula

The OHV grant program can provide up to 100% funding reimbursement assistance on total eligible and approved project costs.

17 Ill. Adm. Code 3045.40 General Procedures for Grant Applications and Awards

a) Requests for funding assistance through the OHV grant program must be made through written application to the Illinois Department of Natural Resources, hereafter referred to as the Department. Application instructions are available through the Department.

b) To be eligible for funding consideration, project applications must be submitted to the Department's Division of Grant Administration by an annual established application deadline date that will be publicly announced by the Department. Notice of grant awards generally should be announced within 180 days after the application submission deadline date. Awarding of grants is made solely under the authority and directive of the Director of the Department.

c) Grant applications shall consist of the following basic components:

1. applicant's name, address, telephone number and designated contact person;

2. copy of incorporation papers for private OHV club/organization applicants;

3. project narrative statement describing the project concept, location and estimated cost, need for and objectives of the project, type of OHVs authorized to use project site, anticipated benefits and approach for accomplishing the project;

4. national wetlands inventory map, site plat map, 1:24,000 scale topographical map (commonly called a 7½ minute quad) with the site boundaries drawn on the map, and proposed development plan;

5. project environmental evaluation, including the location of any cemeteries on site, or nature preserves on site or nearby;

6. proof of land ownership or usage rights for proposed development (construction) projects or commitment for title insurance for project property planned for acquisition;

7. a document signed by the applicant verifying the applicant has the resources to initially finance and subsequently manage the project area and will comply with program regulations and indemnify the Department from any liability relative to the project; and

8. proof of liability insurance or commitment for such insurance if a requested grant application element.

d) A program information packet may be obtained from the Department by contacting the Division of Grant Administration (see Section 3045.90, Program Information).

History

• Source: Amended at 26 Ill. Reg. 3470, effective February 25, 2002

17 Ill. Adm. Code 3045.50 Eligible Project Expenditures

a) Grant assistance may be obtained for, but not limited to, the following:

1. cost of land acquisition (fee simple title or permanent easement, lease or similar management arrangement, etc.) from willing sellers for OHV trails and scramble areas, including approved survey, appraisal costs, title insurance and closing costs;

2. construction, rehabilitation, maintenance and necessary design services for OHV trails/routes and scramble areas including site preparation work, signage, fencing, bridges, grooming equipment, etc. and associated support facilities including parking, shelters, restrooms, potable water supply, lighting, and other related amenities deemed necessary;

3. restoration of areas damaged by OHV usage;

4. rider education and safety programs; and

5. cost of facility security.

b) It is the Department's policy that the OHV grant program be used primarily to assist applicants purchase necessary materials and contract for specialized labor to develop and maintain public OHV facilities. Labor necessary for project operation shall be the responsibility of the applicant.

c) No grant assistance will be awarded to projects that, either in whole or in part, will not be open to the general public for OHV use. (See Section 3045.80(o) regarding operation and maintenance requirements.)

d) Grant assistance from this program cannot be used for the following purposes:

1. land acquisition through eminent domain; and

2. construction of OHV trails and areas on Department owned and managed lands and on U.S. Forest Service lands designated as wilderness or currently not authorized for such use by an approved management plan.

History

• Source: Amended at 36 Ill. Reg. 11179, effective July 3, 2012

17 Ill. Adm. Code 3045.60 Project Evaluation Criteria/Priorities

The following criteria (not listed in any priority order) has been established by the Department for evaluating and ranking project applications for funding assistance:

a) projects proposing long distance, integrated, intra-county and inter-county trails or large scramble areas rather than short, isolated trails or small scramble areas;

b) projects proposing initial development of OHV facilities. Special consideration will also be given to those projects representing initial requests for funding assistance in a county;

c) projects promoting multiple recreation use of the project site;

d) projects located in areas (counties) of high demand as determined by population and the number of registered OHVs in the area;

e) projects having minimal adverse environmental impact; and

f) projects providing the most long term, stable management potential.

History

• Source: Amended at 26 Ill. Reg. 3470, effective February 25, 2002

17 Ill. Adm. Code 3045.70 Review by Advisory Board

a) All applications for grants from the Off-Highway Vehicle Trails Fund shall be reviewed by the five member Off-Highway Vehicle Trails Advisory Board. The Board shall, after review, make a written recommendation to the Director of the Department of Natural Resources on each grant application reviewed.

b) The Advisory Board shall:

1. meet a minimum of twice annually with additional meetings called as needed;

2. use Robert's Rules of Order as a guideline for conducting meetings;

3. elect a Chairperson and Vice-Chair during the first meeting of the year to serve a one-year term. The Chair may serve no more than 2 consecutive terms;

4. elect two members to serve on the Greenways and Trails Council for one year. These members may be elected to consecutive terms;

5. utilize the Department appointee as Secretary to the Board and as liaison between the Board and the Department. The Secretary shall vote only in case of a tie;

6. require a simple majority of the Board members present at a meeting to pass a motion. A Board member who is unable to attend a Board meeting may send a representative to vote in the absent member's place. The absent member must provide written authorization for a representative for each meeting the representative is authorized to attend or vote. The representative must be from the same organization as the absent member; and

7. allow reasonable time for public comment at each meeting, as deemed appropriate by the chair, prior to final consideration and action by the Board on any agenda item.

17 Ill. Adm. Code 3045.80 Program Compliance Requirements

a) Any property acquired or developed through assistance from the OHV program must be open to the general public for off-highway vehicle use. Property acquired or developed with program assistance may not be converted to a use that would deny public off-highway vehicle use as provided by terms of the Project Agreement without prior Department approval. Approval for property conversion will be granted only if the project sponsor substitutes replacement property equal in fair market value and comparable in off-highway vehicle usefulness, quality and location.

b) Grant projects approved through the OHV program shall be completed within 24 months from the date of approval unless otherwise approved by the Department. All approved projects must be in accordance with the agreed upon project specifications and a final billing request for reimbursement submitted to the Department.

c) All land and equipment/materials purchased through the OHV grant program, except those purchased by government agencies, shall be subject to repossession and disposition by the Department as deemed appropriate upon the dissolution of the project sponsor or as a result of unresolved project sponsor non-compliance with program regulations as stated herein. Land and equipment/materials purchased by government agencies where the project sponsor fails to comply with program regulations stated herein shall be responsible for repayment of funds to the Department equal to the original grant amount disbursed to the sponsor or the property's certified fair market value at the time of non-compliance, whichever is deemed most appropriate by the Department.

d) Land acquired with funding assistance from the OHV grant program shall be operated and maintained in perpetuity for public motorized recreation unless otherwise approved by the Department. Land acquired pursuant to a contract paid over time, with acquisition partially funded by the OHV grant program, shall include in the contract to purchase that the Department shall have a lien against the property in the amount funded from the program, and shall have a reasonable time from time of notice to the Department by the seller that the buyer is in default to:

1. pay the remainder of the purchase price and take title to the land;

2. substitute another party in place of the original buyer; or

3. release the lien upon receiving payment of all grant funds plus 8% interest.

e) Grant recipients receiving development assistance only shall be bound by the terms of this Part for the period of time specified below for the total amount of OHV funds expended on the project. The time period specified below shall commence after receipt of the final reimbursement payment. Recipients shall agree that the Department shall have a lien upon the property for the number of years the recipient is bound, and that the lien may be satisfied only by repayment of the entire grant amount or by operation, by the recipient or a Department designee, of a public motorized off-highway vehicle park for the number of years for which the recipient is bound.

$1-$50,000 – 5 years

for every $10,000 increment over $50,000 – add one year

f) With the exception of designated OHV routes on or along local roads and streets, all OHV facilities developed with assistance from the OHV grant program shall be posted with a liability disclaimer sign at ingress/egress points to the facility warning users that they use the facility at their own risk.

g) With the exception of designated OHV routes on or along local roads and streets, it shall be the sole responsibility of the project sponsor to adequately patrol the OHV-assisted facility to ensure proper usage of the facility and user compliance with all State and local OHV regulations. Failure of the project sponsor to take corrective measures that bring the facility into compliance with this Part or to help remedy complaints lodged by local citizens concerning misuse of OHV-assisted facilities shall be grounds for a finding of program non-compliance as specified in this Section and be subject to corrective measures by the Department as deemed appropriate.

h) During all times of operation of an OHV grant assisted facility, the project sponsor (excluding government entities) must possess insurance protection providing a minimum of $1,000,000 per occurrence liability coverage.

i) The project sponsor (applicant) shall indemnify, protect and hold harmless the Department from any and all liability, costs, damages, and claims arising as a direct or indirect result of the construction, operation or maintenance of facilities assisted with OHV grant funds.

j) The project sponsor must possess the resource capabilities to:

1. initially finance 100% of the total cost prior to grant reimbursement, unless otherwise approved for invoices of $5,000 or more for approved acquisitions by not-for-profit organizations such as ATV clubs; and

2. properly maintain and operate the OHV fund-assisted facility after project completion.

k) Upon project completion, the project sponsor must submit a certified project billing request (expenditure statement) listing/verifying all funds expended on the project for which grant reimbursement is sought, as well as required billing documentation, as follows:

1. Acquisition Project: Proof of good faith negotiations or fair market value offer to land seller, copy of property deed (showing ownership transferred to the project sponsor/applicant), and copies of canceled checks showing proof of payment to seller.

2. Development Projects: Copy of construction As-Built drawings (no larger than 11" x 17"), copy of receipts/invoices for project costs, and copy of canceled checks showing proof of payment.

l) All financial records on approved projects must be maintained and retained, in accordance with State laws, by the project sponsor for possible State audit after final reimbursement payment is made by the Department.

m) The project sponsor must permanently post an OHV grant program acknowledgment sign at the project site. The required sign will be furnished by the Department.

n) Upon request, all work specifications must be submitted by the project sponsor to the Department for review prior to commencing work. Project sponsor will be notified by the Department if the proposed project requires the approval of a registered professional engineer.

o) Department representatives shall have access to OHV-assisted project sites at any time during construction to assess project progress and during facility operation to ensure continuing compliance with program regulations. As time allows, Department representatives shall be available, upon request, for consultation/technical assistance concerning project development. It shall be further understood that a final inspection and acceptance of the completed project work must be made by a Department representative prior to approval of final reimbursement payment to the project sponsor.

p) In connection with, and prior to, the construction, and thereafter the subsequent operation and maintenance, of OHV grant assisted facilities, the project sponsor (applicant) agrees that it shall be responsible for and obtain all necessary permits, licenses or forms of consent, as the case may be, from, but not limited to, the following agencies:

1. Illinois Department of Natural Resources, Office of Water Resources;

2. Illinois Environmental Protection Agency;

3. U.S. Army Corps of Engineers;

4. Illinois Department of Public Health (Campground Licensing and Recreational Area Act);

5. Illinois Department of Transportation, Division of Highways; and

6. Local building, zoning or road commissions, etc.

q) Prior to any construction or trail development on sites that have received or have been approved for OHV grant assistance, the grantee must comply with the consultation requirements of the Endangered Species Act [520 ILCS 10/11(b)] and the Illinois State Agency Historic Resources Preservation Act [20 ILCS 3420/4].

r) The project sponsor must comply with and abide by the following operation and maintenance provisions:

1. All off-highway vehicles operated on sites or trails that have received OHV grant assistance must display an Illinois OHV public use sticker on the front center of the OHV, or have a receipt for a one-day competitive event for that day on that site. The sticker is available from the Department and approved vendors. Off-highway vehicles that display a similar decal from states that have reciprocity agreements with Illinois do not need the Illinois sticker. Government-owned or -leased OHVs are exempt from this requirement.

2. The charging of user fees for general public use must be approved by the Department.

3. Except as noted below, all OHV grant-assisted facilities must be open and available for general public use and enjoyment without regard to sex, race, color, creed, national origin or residence.

A) Use of the project facility can be restricted to only those users that can show proof of adequate personal liability insurance coverage or are willing to sign liability waivers concerning use of the facility.

B) Use of the project facility may be restricted by type of OHV use if specified in the approved project agreement or if justified and approved by the Department.

4. All OHV grant assisted facilities shall be operated, maintained and utilized for general public use in a safe and attractive manner so as to maximize the facility's intended public benefit.

5. Department personnel shall have access to OHV grant assisted facilities at all times during hours of normal operation for inspection purposes to ensure continued compliance with program regulations.

6. The possession, sale or consumption of alcoholic beverages on OHV grant assisted sites is expressly prohibited.

s) All funds administered by the Department under the OHV grant program and expended by the project sponsor shall be in accordance with all applicable State statutes.

t) The Department may unilaterally rescind OHV grant funds and terminate project agreements any time the General Assembly fails to appropriate or release sufficient OHV grant funds to fulfill the obligation or the applicant demonstrates non-compliance with this Part. Otherwise, after project commencement, OHV grant funds and project agreements may be rescinded, modified, or amended only by mutual agreement with the project sponsor. A project shall be deemed commenced when the project sponsor has made an expenditure or has incurred an obligation with respect to the project.

u) Failure by the project sponsor to comply with this Part shall be cause for the suspension of all OHV grant fund obligations and/or repossession of project lands and equipment/materials purchased with grant funds, unless, in the judgment of the Department, such noncompliance was due to no fault of the project sponsor (applicant).

History

• Source: Amended at 39 Ill. Reg. 12324, effective August 21, 2015

17 Ill. Adm. Code 3045.90 Program Information

Write to: Illinois Department of Natural Resources

Division of Grant Administration

One Natural Resources Way

Springfield IL 62702-1271

Telephone: 217/782-7481

FAX: 217/782-9599

e-mail: grants@dnrmail.state.il.us

History

• Source: Amended at 28 Ill. Reg. 10652, effective July 13, 2004

17 Ill. Adm. Code 3045.95 Sale or Transfer of Grant-Funded Property

a) Real Property

1. If land purchased wholly by grant funds is sold or transferred by operation of law other than transfer due to the death of the grantee:

A) within 5 years after receipt of grant funds, 100% of the grant funding or of the sale price, whichever is greater, must be paid back to the OHV grant fund;

B) in the 6th year after receipt of grant funds, 90% of the grant funding or 90% of the sale price, whichever is greater, must be paid back to the OHV grant fund;

C) in the 7th year after receipt of grant funds, 80% of the grant funding or 80% of the sale price, whichever is greater, must be paid back to the OHV grant fund;

D) in the 8th year after receipt of grant funds, 70% of the grant funding or 70% of the sale price, whichever is greater, must be paid back to the OHV grant fund;

E) in the 9th year after receipt of grant funds, 60% of the grant funding or 60% of the sale price, whichever is greater, must be paid back to the OHV grant fund;

F) in the 10th year after receipt of grant funds, 50% of the grant funding or 50% of the sale price, whichever is greater, must be paid back to the OHV grant fund;

G) in the 11th year after receipt of grant funds, 40% of the grant funding or 40% of the sale price, whichever is greater, must be paid back to the OHV grant fund;

H) in the 12th year after receipt of grant funds, 30% of the grant funding or 30% of the sale price, whichever is greater, must be paid back to the OHV grant fund;

I) in the 13th year after receipt of grant funds, 20% of the grant funding or 20% of the sale price, whichever is greater, must be paid back to the OHV grant fund;

J) in the 14th year after receipt of grant funds, 10% of the grant funding or 10% of the sale price, whichever is greater, must be paid back to the OHV grant fund; and

K) in the 15th year or thereafter, no reimbursement to the OHV grant fund is required.

2. If land purchased partially by grant funds is sold or transferred by operation of law other than transfer due to the death of the grantee:

A) within 5 years after receipt of grant funds, 100% of the grant funding or 100% of the sale price, whichever is greater, must be paid back to the OHV grant fund;

B) in the 6th, 7th or 8th year after receipt of grant funds, 80% of the grant funding or 80% of the sale price, whichever is greater, must be paid back to the OHV grant fund;

C) in the 9th, 10th or 11th year after receipt of grant funds, 60% of the grant funding or 60% of the sale price, whichever is greater, must be paid back to the OHV grant fund;

D) in the 12th, 13th or 14th year after receipt of grant funds, 30% of the grant funding or 30% of the sale price, whichever is greater, must be paid back to the OHV grant fund; and

E) in the 15th year or thereafter, no reimbursement to the grant fund is required.

3. In cases of catastrophic illness or injury to the grantee or principals of the grantee (e.g., spouses, children and parents), the Director, with advice from the Board, may modify the repayment provisions of subsections (a)(1) and (2).

b) Personal Property

1. No personal property purchased with grant funds shall be disposed of without the Department's written consent, which shall not be unreasonably withheld. Disposing of such property without written consent shall require repayment of the grant funding used to purchase the property or the fair market value of the property, whichever is deemed most appropriate by the Department.

2. Any insurance proceeds from personal property that was purchased with grant funds and is accidentally destroyed must be used to replace the destroyed personal property, unless the Department concurs in writing that the insurance proceeds may be used for another purpose.

History

• Source: Amended at 30 Ill. Reg. 10092, effective May 22, 2006

17 Ill. Adm. Code 3045.100 Issuing Public Access Stickers

a) The Illinois Department of Natural Resources (DNR) has the authority to designate agents to sell public access stickers on behalf of the Department. The consignment requirements, terms and procedures to follow will be the same as for licenses identified in 17 Ill. Adm. Code 2520 – Consignment of Licenses, Stamps and Permits.

b) Stickers have a maximum issue period of one year. The sticker expiration year is listed on the decal. Stickers will expire March 31 of each year.

c) Stickers will be sold at the following rates:

1. $10 for individual use by Illinois residents on an OHV titled for recreational use;

2. $17 for rental units, untitled vehicles, vehicles titled for production agriculture, or non-residents from states that do not have a reciprocal agreement with the Department;

3. $25 for dealer and manufacturer demonstrations and research; and

4. $5 one-day competitive event (receipt only, no sticker).

d) Agents may charge a $1 issuing fee for each sticker or competitive event receipt sold.

e) Individuals or companies requesting a replacement sticker shall:

1. submit a copy of the sticker purchase receipt;

2. complete a DNR replacement decal form that has been notarized to ensure that the application is accurate and non-fraudulent;

3. submit a $3 fee per sticker; and

4. mail the form to:

Illinois Department of Natural Resources

Replacement OHV Access Sticker

P.O. Box 19459

Springfield IL 62791-9559

f) Placement of the sticker must be on a visible location in the front center of the vehicle.

g) Advertising revenues received from ads on the sticker booklets or safety brochures shall be deposited into the Off-Highway Vehicle Trails Fund.

History

• Source: Added at 26 Ill. Reg. 3470, effective February 25, 2002

Part 3050 Open Land Trust Grant Program

17 Ill. Adm. Code 3050.10 Program Objectives

The Open Land Trust Act (OLT) provides for grants to be disbursed by the Department of Natural Resources (Department) to eligible local governments for the purpose of acquiring lands for the protection of lakes, rivers, streams, open space, parks, natural lands, wetlands, prairies, forests, watersheds, resource-rich areas, greenways, significant fish and wildlife resources, and endangered or threatened species habitat, and for public outdoor natural resource related recreation purposes.

17 Ill. Adm. Code 3050.20 Definitions

a) Natural Resource Related Recreation: includes, but is not limited to, backpacking, birdwatching, boating, canoeing, cross country skiing, fishing, hunting, kayaking, nature photography, non-motorized trail use (bicycling, equestrian, hiking and rollerblading), open play activities (e.g., soccer, baseball and football), orienteering, picnicking, primitive camping, trapping, wildlife viewing or other similar outdoor natural resource related activities that do not permanently change the character of the property.

b) Disadvantaged Population: is an eligible unit of local government located within a Standard Metropolitan Statistical Area (SMSA) with a per capita equalized assessed valuation (EAV) less than 55% of the State average and more than 15% of the population below the national poverty level or an eligible unit of local government located outside an SMSA with an EAV less than 50% of the State average and more than 20% of its population below the poverty level.

17 Ill. Adm. Code 3050.30 Eligibility Requirements

Agencies eligible for assistance under the OLT grant program are any unit of local government with statutory authority to acquire, develop and maintain lands for public outdoor natural resource related recreation purposes. This includes, but is not limited to, counties, townships, municipalities, park districts, conservation districts, forest preserve districts and river conservancy districts.

17 Ill. Adm. Code 3050.40 Assistance Formula for Grants

The OLT program shall operate on a reimbursement basis providing up to a maximum of 50% funding assistance on total approved project costs. Disadvantaged populations are eligible for up to a maximum of 90% funding assistance on total approved project costs. Projects that are the subject of a specific appropriation are eligible for up to a maximum of 90% funding assistance on total approved project costs. No more than $2,000,000, may be awarded to any grantee for a single project for any fiscal year.

History

• Source: Amended at 26 Ill. Reg. 3479, effective February 25, 2002

17 Ill. Adm. Code 3050.50 General Procedures for Grant Applications and Awards

a) Grant applications for assistance under this program must be submitted in accordance with a schedule publicly announced annually by the Department. Failure to submit a completed application to the Department by the specified application deadline date will result in project rejection for that particular year. Projects that are the subject of a specific appropriation shall not be subject to the schedule announced pursuant to this Section; however, all other eligibility and application requirements must be fulfilled.

b) Necessary application material and instructions are available through the Department. Awarding of grants will be on a competitive basis (see Section 3050.70) and will be made under authority of the Director of the Department of Natural Resources.

c) Project grant applications will consist of the following components:

1. applicant's name, address and telephone number;

2. information on the supply of existing public park and open space acreage located within the project sponsor's (applicant) jurisdiction;

3. an itemized proposed project cost estimate;

4. project narrative statement describing the project concept, location, need for and objectives of the project, anticipated benefits, proposed usages and method of financing or accomplishing the project;

5. project location map, site plat map and proposed site development and/or restoration plans;

6. project environmental evaluation;

7. a document signed by the applicant verifying the applicant has the resources to initially finance and subsequently manage the project area and will comply with program regulations; and

8. a commitment for title insurance in the name of the project sponsor for the property planned for acquisition or other Department approved means of title search.

d) A program information packet may be obtained from the Division of Grant Administration, Illinois Department of Natural Resources, One Natural Resources Way, Springfield IL 62702-1271, telephone 217/782-7481.

History

• Source: Amended at 28 Ill. Reg. 10655, effective July 13, 2004

17 Ill. Adm. Code 3050.60 Eligible Project Costs

a) Grant assistance may be obtained for land acquisition costs for the conservation of open space, natural resources and public natural resource related recreation purposes, including associated eligible appraisal and relocation costs. Eligible projects include, but are not limited to, acquisition of land for the following:

1. Natural resource conservation and open space purposes to protect lakes, rivers, streams, open space, natural lands, wetlands, prairies, forests, watersheds, resource-rich areas, greenways, significant fish and wildlife resources, and endangered or threatened species habitats, existing forest preserves, conservation areas, nature preserves, and land and water reserves, and/or unique geologic or biologic features; and

2. additions to such existing public areas.

b) Project costs for which reimbursement is sought cannot be incurred by the project applicant prior to grant approval notification or Department authorization. Costs incurred prior to Department approval are ineligible for grant assistance. For acquisition projects, costs are considered incurred when property deed, lease or other conveyance is accepted by the local sponsor or first payment is made on the project property or to an escrow account for the property. In addition, no purchase agreement, option, etc., or price negotiations shall be entered into without Department approval.

c) No grant awards shall be awarded for the acquisition of land that will not be available for general public outdoor natural resource related recreation purposes unless otherwise approved by the Department.

d) No grant awards shall involve the use of eminent domain. Land interests must be purchased from willing sellers only.

17 Ill. Adm. Code 3050.70 Project Evaluation Priorities

a) The following factors shall be used by the Department in evaluating and recommending local project applications for funding assistance consideration:

1. Statewide Natural Resource and Natural Resource Related Outdoor Recreation Priorities – 60%

A) Department Statewide Priorities – 67%

Projects are evaluated in terms of their ability to address major outdoor natural resource related recreation and conservation purposes and issues identified by the Department in statewide or regional plans. These include, but are not limited to, the protection and stewardship of lakes, rivers, streams, open space, parks, natural lands, wetlands, prairies, forests, watersheds, resource-rich areas, greenways, significant fish and wildlife resources, and endangered or threatened species habitats; and the extent to which the project contributes to the ecological viability of a park, conservation area, forest preserve, nature preserve, land and water reserve, greenway and long distance trail corridors. These priorities are listed in the Department's OLT Local Participation Grant Manual, available from the Illinois Department of Natural Resources Division of Grant Administration, One Natural Resources Way, Springfield IL 62702-1271.

B) Statewide Local Needs Assessment – 33%

Determination of local need is based on a comparison of existing supply and distribution of open space and park land acreage, measured in acres/capita, to the statewide median and/or to locally adopted standards. Natural resource related recreation needs based on project service area are also given consideration.

2. Project Concept and Site Characteristics – 25%

The project proposal is evaluated in terms of the site's ecological resources and aesthetic qualities, including accessibility; soil, topographic and hydrologic characteristics; site vegetation; wildlife benefits; compatibility with adjacent land uses; environmental intrusion on the site; and demonstrated commitment to natural resource restoration and management of the site, sites threatened with development, impacts to cultural and natural resources, and the natural resources related recreation provided by the project.

3. Local Planning – 10%

The major consideration under this criterion is public support and input into the project plan and existence of a comprehensive local open space plan identifying the proposed project as a priority. Consideration is also given for natural resource related recreation opportunities not specifically identified in a local plan but having documented widespread public support.

4. Other Considerations – 5%

Relevant factors considered in evaluating the overall merits of a project and need for funding include projects located in inner-urban areas; involving private donations and match that leverages local funds; or from applicants not previously benefitting from OLT assistance.

5. Penalty Factors – (deduct up to 15%)

Consideration is given to the applicant's past performance in completing OLT or other Department grant projects, restoration or development plans or unresolved project violations; ability to properly maintain the project site; and failure to participate with the Department in completing the "Illinois Recreation Facilities Inventory" (IRFI).

b) Project Application Review and Grant Award

Department grant staff, in consultation with executive and appropriate resource staff, reviews all applications in accordance with the established evaluation criteria. Preliminary recommendations are then submitted to the Department's Natural Resource Advisory Board for consideration at a public hearing conducted by the Board, after which final recommendations are forwarded to the Director for OLT grant approval.

History

• Source: Amended at 28 Ill. Reg. 10655, effective July 13, 2004

17 Ill. Adm. Code 3050.80 Program Compliance Requirements

a) Any property acquired through assistance from the Illinois OLT grant program must be open to the public for outdoor natural resource related recreation purposes unless the Department determines that public accessibility would be detrimental to the real property or any associated natural resources. Land acquired with funding assistance from the OLT program shall be operated, managed and maintained for the purposes identified in the grant application in perpetuity unless otherwise approved by the Department. No real property acquired with grant funds may be sold, leased, exchanged, or otherwise encumbered, unless it is used to qualify for a federal program, or, subject to Department approval, is transferred to the federal government, the State, or a unit of local government for a compelling public purpose. Approval for property conversion may be granted by the Department if the project sponsor substitutes replacement property of equal fair market value, natural resource value and comparable outdoor recreation usefulness, quality and location.

b) An appraisal must be provided by the sponsoring agency and submitted to the Department for review to establish the property's fair market value. The appraisal must be completed to Department specifications.

c) The local project sponsor is required to enter into an agreement with the Department for an amount agreed upon as necessary to complete the approved project, specifying the related grant reimbursement amount and program compliance regulations.

d) Upon project completion, the project sponsor must submit a project billing request (expenditure statement) listing/verifying all funds expended on the project for which grant reimbursement is sought, as well as required billing documentation, as follows:

1. proof of good faith negotiations or fair market value offer to land seller;

2. copy of property deed and title insurance policy showing ownership transferred to the local project sponsor; and

3. copies of canceled checks showing proof of payment to seller.

e) Financial records on approved projects must be maintained and retained by the project sponsor for possible State audit for a period of five years after final reimbursement payment is made by the Department.

f) The sponsoring agency must permanently post an OLT grant acknowledgment sign at the project site. The necessary sign will be provided by the Department or specifications for its construction will be furnished to the local project sponsor, if requested.

g) Projects assisted with OLT grant funds shall be implemented in accordance with all applicable federal, State and local laws, ordinances and regulations relating to public agency expenditure of funds for public works projects.

h) A final acceptance of the completed project must be made by a representative or agent of the Department prior to final payment of grant reimbursement to the project sponsor. Acceptance by the Department will be subject to completion of all action required of the local sponsor as indicated in this Part.

i) The sponsoring agency shall convey to the Department at no charge a conservation easement on the lands acquired with OLT assistance.

j) The sponsoring agency must comply with and abide by the following operation and maintenance provisions:

1. All lands assisted with OLT funds shall be continuously operated and maintained by the sponsoring agency in a safe and attractive manner at no cost to the Department and be operated and utilized in such a manner as to maximize the intended benefits to and for the public.

2. The Department shall have access to OLT-assisted lands at all times for inspection purposes to ensure the project sponsor's continued compliance with this Part.

3. The sponsoring agency may enter into a contract or agreement with responsible concessionaires to operate and/or construct facilities desired by the public and the sponsoring agency that are important for enjoyable and convenient natural resource based recreation. Any and all concession revenue in excess of the costs of operation and maintenance of the OLT lands and/or facilities shall be used for the improvement of those lands or facilities or similar nearby public facilities. All licenses entered into by the sponsoring agency with third persons relating to accommodations or concessions to be provided for or at the OLT facility for benefit of the public shall be submitted to the Department for its approval prior to the license being entered into or granted by the sponsoring agency.

4. The project sponsor shall receive approval from the Department prior to initiating any development on OLT assisted lands. Approval will be limited to those facilities that are necessary for enjoyable and convenient natural resource related recreation.

k) Conflict of Interests

1. No official or employee of the local political subdivision who is authorized in his official capacity to negotiate, make, accept, or approve or to take part in decisions regarding a contract or subcontract in connection with an approved OLT grant project shall have any financial or other personal interest in any such contract or subcontract.

2. No person performing services for the local political subdivision in connection with an approved OLT grant project shall have a financial or other personal interest, other than his employment or retention by that local political subdivision, in any contract or subcontract in connection with an approved OLT grant project. No officer or employee of such person retained by the local political subdivision shall have any financial or other personal interest in any real property acquired under an approved OLT grant project unless that interest is openly disclosed upon the public records of the local political subdivision and that officer, employee or person has not participated in the acquisition for, or on behalf of, the local political subdivision.

l) The project sponsor shall certify that it provides a drug free workplace and related employee assistance as defined and required by the Drug Free Workplace Act [30 ILCS 105/16].

m) Pursuant to 775 ILCS 5/2-105(A)(4), the project sponsor shall certify that it has a written sexual harassment policy that includes, at a minimum, the following information:

1. the illegality of sexual harassment;

2. the definition of sexual harassment under State law;

3. a description of sexual harassment utilizing examples;

4. the contractor's internal complaint process, including penalties;

5. the legal recourse, investigation and complaint process available through the Illinois Department of Human Rights and the Human Rights Commission and directions on how to contact both; and

6. protection against retaliation as provided by Section 6-101 of the Illinois Human Rights Act [775 ILCS 5/6-101]. A copy of the policy shall be provided to the Department of Human Rights upon request.

n) Program Violations and Project Termination

1. The State will unilaterally rescind project agreements at any time prior to the commencement of the project in the event that State funds are not appropriated for the grant program. After project commencement, agreements may be rescinded, modified or amended only by mutual agreement with the local political subdivision. A project shall be deemed to be commenced when the local political subdivision makes any expenditure or incurs any obligation with respect to the project.

2. Failure by the local sponsoring agency to comply with any of the program terms listed in this Section shall be cause for the suspension of all grant assistance obligations, unless, in the judgement of the Department, the failure was due to no fault of the local sponsoring agency (e.g., statutory changes, acts of God).

17 Ill. Adm. Code 3050.90 Program Information/Contact

For information on the OLT Grant Program, contact:

Illinois Department of Natural Resources

Division of Grant Administration

One Natural Resources Way

Springfield IL 62702-1271

Telephone: 217/782-7481

FAX: 217/782-9599

History

• Source: Amended at 28 Ill. Reg. 10655, effective July 13, 2004

Part 3051 Illinois Natural Areas Stewardship Grant Program

17 Ill. Adm. Code 3051.10 Purpose

The purpose of this Part is to implement the Illinois Natural Areas Stewardship Grant Program that provides operational grants to conservation land trusts for stewardship of natural areas dedicated as an Illinois nature preserve or dedicated buffer or registered as an Illinois land and water reserve.

17 Ill. Adm. Code 3051.20 Definitions

"Act" means the Illinois Natural Areas Stewardship Act [525 ILCS 31].

"Commission" means the Illinois Nature Preserves Commission.

"Conservation Land Trust" means entities exempt from taxation under section 501(c)(3) of the federal Internal Revenue Code (26 USC 501(c)(3)) whose purposes include the restoration, stewardship, or conservation of land, natural areas, open space, or water areas for the preservation of native plants or animals, biotic communities, geologic formations, or archeological sites of significance. [525 ILCS 31/10]

"Deadline" means the date stated in this Part or the next business day if the deadline date falls on a Saturday, Sunday or State of Illinois holiday.

"Department" or "DNR" means the Illinois Department of Natural Resources.

"Director" means the Director of the Department.

"Eligible Land" is a site that has been dedicated by the Commission as an Illinois nature preserve or dedicated buffer or registered as an Illinois land and water reserve and has a current, approved management schedule. [525 ILCS 31/10]

"GATA" means the Grant Accountability and Transparency Act [30 ILCS 708].

"GATA Rule" means 44 Ill. Adm. Code 7000.

"GATU" means the Grant Accountability and Transparency Unit within the Illinois Governor's Office of Management and Budget.

"Grant Agreement" means the written contract between the Department and a grantee setting forth the terms for project funding. The Grant Agreement will be based on GATU's Uniform Grant Agreement (see GATA Rule Section 7000.370).

"Grant Program" means the Illinois Natural Areas Stewardship Grant Program created by the Act and this Part.

"Grantee" means the successful applicant for funding of a project pursuant to the Natural Areas Stewardship Grant Program.

"Project" means the stewardship actions, staff activities, equipment and materials necessary to implement the grant application proposal.

"Stewardship Actions" means actions, identified in a Commission approved management schedule, that are designed to maintain, preserve, or improve the condition of native natural communities, diversity of species, and ecological processes on eligible lands, such as, but not limited to, prescribed burns, control of exotic and invasive species, fencing, and other restorative practices. [525 ILCS 31/10]

17 Ill. Adm. Code 3051.30 Funding

a) The Grant Program is funded by the Natural Areas Acquisition Fund (see 35 ILCS 200/31-35).

b) The Department will determine annually the availability of funds for purposes of the Grant Program. Annual funds for the Grant Program will be determined solely by the Department and will not exceed $2,000,000.

c) Maximum grant award to any single project is limited to $100,000.

d) The required match amount by the applicant will be 5% of the grant award or $1,000, whichever is less.

e) The Grant Program will provide the approved funding assistance on a cost reimbursement basis.

17 Ill. Adm. Code 3051.40 Applicant Eligibility

a) Applicants must meet the following requirements to be eligible for the Grant Program:

1. Applicants must be conservation land trusts;

2. Applicants must be in good standing with the federal Internal Revenue Service by holding current status as exempt from taxation under section 501(c)(3) of the Internal Revenue Code; and

3. Applicants cannot be an agency, organization, or entity that has taxing powers, collects taxes, or has eminent domain powers. [525 ILCS 31/20]

b) To be eligible for the Grant Program, applicants shall include only eligible land in their proposals.

c) If the applicant's proposal includes eligible land owned by another entity, to be eligible for the Grant Program, the applicant:

1. shall have a properly executed agreement with the owner of the land allowing the applicant to perform the proposed project; and

2. shall document that the Commission has been notified of the agreement between the applicant and the owner of the land allowing the applicant to perform the proposed project.

17 Ill. Adm. Code 3051.50 Application Procedures and Required Information

a) This State funded program is subject to GATA. Specific GATA rules are cross-referenced in this Part.

b) Applications for funding assistance under the Grant Program shall use application forms and instructions available through the Department (see Section 3051.80).

c) Applications shall be submitted to the Department, Attention: Office of Grant Management and Assistance – Natural Areas Stewardship Program.

d) The application deadline will be publicly announced by the Department. Applications received after the application deadline will not be considered by the Department.

e) Applications shall contain the following required information:

1. The name and address of the applicant;

2. The name, telephone number and e-mail address of a contact person for the applicant;

3. Copy of the Internal Revenue Service letter confirming the applicant's current 501(c)(3) tax exempt status;

4. A comprehensive description of the applicant's proposed project, including:

A) Project summary;

B) Project locations and information showing applicable eligible land;

C) Project stewardship actions;

D) Project methods and schedule;

E) Itemized project budget on the uniform grant budget template provided by GATU (see GATA Rule Section 7000.330);

F) Narrative separately addressing each application evaluation criteria in Section 3051.60(c) applicable to the project;

G) If the applicant's proposal includes land owned by another entity, a copy of the agreement with the landowner and documentation that the agreement was provided to the Commission;

H) If there exists any potential conflict of interest between DNR staff, the entity owning the land, and the applicant and/or its governance board and/or staff members, documentation of the potential conflict of interest and the resolutions or actions taken by the applicant to disclose and resolve the potential conflicts; and

I) Uniform grant application provided by GATU and signed by an authorized representative (see GATA Rule 7000.330).

17 Ill. Adm. Code 3051.60 Application Evaluation and Selection

a) All applications received by the application deadline will be reviewed by DNR staff.

b) Applications will be screened for applicant eligibility (see Section 3051.40) and application completeness (see Section 3051.50(e)).

c) Eligible and complete applications will be evaluated by DNR staff, considering the following criteria:

1. Project benefits to implementing the needs and priorities identified in the Department's current approved:

A) Illinois Natural Areas Plan;

B) Illinois Sustainable Natural Areas Vision; and

C) Illinois Wildlife Action Plan;

2. Project benefits to the following stewardship needs:

A) actions identified in a Commission-approved management schedule for each site; and

B) actions improving or addressing threats to the qualifying features for which the site was dedicated/registered;

3. Project benefits in consideration of the resources to be impacted by the project:

A) Rarity and condition of resources;

B) Severity of stewardship need; and

C) Other resource-based considerations;

4. The availability of the matching funds required by Section 3051.30(d);

5. The availability of other nonfinancial resources to complete the project, such as personnel, volunteers, equipment or supplies;

6. How the project will increase the stewardship capacity of the applicant;

7. Applicant's past performance in completing Grant Program projects or other DNR grant projects;

8. Ability of the applicant to complete the project in the timeframe planned; and

9. Adequacy and sufficient justification of the project budget.

d) DNR staff will verify that each grantee has completed a prequalification process and has been determined "qualified" by GATU (see GATA Rule Section 7000.70).

e) DNR staff will provide to the Director all eligible and complete applications and a prioritized list of applications recommended because of their consistency with the purposes of the Act based on the evaluation criteria of subsection (c).

f) Based on available funding, the Director will determine what grants will be awarded after considering the recommendations of Department staff. Applicants shall be notified of the Director's final decision on grant awards.

g) For a grant applicant who is a prior recipient of an award under this Part, the Department will review available information on the awardee's prior performance and consider that information when assessing grantee risk. This is part of the grantee risk assessment provided by GATU (see GATA Rule 7000.340).

17 Ill. Adm. Code 3051.70 Grant Requirements

a) Grant Agreement

1. Upon grant award, the grantee and the Department shall execute a written Grant Agreement. All grants shall be in compliance with GATA.

2. The Department will enter into a Grant Agreement with the grantee using the Grant Agreement modeled on the uniform GATU template (see GATA Rule Section 7000.370). Project objectives and performance goals will be included in the Grant Agreement to measure the grantee's performance.

3. The Grant Agreement shall contain substantive provisions including, but not limited to, the following:

A) recitation of legal authority pursuant to which the Grant Agreement is made;

B) identification of the project;

C) identification of a completion date;

D) identification of the grant amount;

E) condition and manner by which the Department will pay the grant amount to the grantee as reimbursements for expenditures made by the grantee, subject at all times to annual appropriation by the General Assembly;

F) signed document by the applicant verifying the applicant has the resources to initially finance the project;

G) agreement by the grantee to comply with program regulations;

H) agreement by the grantee to indemnify the Department from any liability relative to the project;

I) agreement by the grantee not to assign or transfer any of the rights, duties or obligations of the grantee without the written consent of the Department; and

J) agreement that the grantee shall not deviate from the budget, project scope, or objectives stated in the Grant Agreement except with mutual written agreement of the Department and grantee (see GATA Rule Section 7000.370(b)).

b) Grant Term

1. The grant term begins on the date of the Department's execution of the Grant Agreement, unless a different beginning date is provided in the Grant Agreement.

2. In order for costs to be eligible for reimbursement, the project must not be initiated and costs shall not be incurred prior to the grant term.

3. Grant funds are available as reimbursements for expenditures by a grantee during the grant term, which shall be for a period no longer than 2 years, unless an extension is granted under subsection (b)(4).

4. The grant term ends on the completion date set forth in the Grant Agreement, unless a written request for an extension is submitted by the grantee no later than 30 days prior to the award completion date, based upon circumstances outside of the grantee's control and approved by the Department in writing.

c) Financial Management

1. The grant award will be paid to the grantee as reimbursements for expenditures made by the grantee.

2. Reimbursements will be at the completion of the project, unless the Department, based upon a request from the grantee for good cause, determines to provide reimbursement payments on an interim basis.

3. Upon project completion or for interim reimbursement requests, the grantee must submit a project billing request listing and verifying all funds expended on the project for which reimbursement is sought, as well as required billing documentation.

4. The grantee shall keep adequate records relating to its administration of a project, particularly relating to all incurred costs. These records shall be available for audit by appropriate DNR personnel and the State Auditor General. All records shall be retained in accordance with the State Records Act [5 ILCS 160]. Grantees are subject to the auditing standards stipulated by GATU (see GATA Rule Section 7000.90).

5. All purchases must be completed or legally obligated prior to the end of the term of the Grant Agreement to be eligible for reimbursement.

d) Equipment

1. Equipment acquired pursuant to the Grant Agreement will be limited in use to the purpose of the project for the duration of the grant term, unless specified otherwise in the Grant Agreement.

2. Grantees will be responsible for the maintenance of any equipment purchased through the Grant Program.

3. Equipment is to be kept safe and secure by the grantee.

4. Equipment purchased shall become the property and the responsibility of the grantee at the end of the grant term, unless specified otherwise in the Grant Agreement.

e) Employees

1. Grantee employee salary and indirect costs that are reimbursed pursuant to the Grant Agreement must be documented and included in grantee's final reports, annual progress reports, and interim reimbursement requests, if applicable. Benefit costs are not eligible for reimbursement. Indirect cost rates shall follow GATU processes in place at the time of the Grant Agreement.

2. Documentation of employee salary must be hourly, including a description and location of the work performed.

3. Staff salary for time spent on activities not included in the Grant Agreement is not eligible for reimbursement.

f) Reporting Requirements

1. The grantee shall provide written reports no later than 30 days after the end of each quarter (see GATA Rule Section 7000.410). Reports shall include the status of the project and financial data using the forms or format provided by the Department (see Section 3051.80).

2. The grantee shall provide a written final report to the Department no later than 30 days following the completion date of the Grant Agreement. The final report shall be in the form or format provided by the Department and include:

A) A summary of the accomplishments related to the project goals;

B) A financial report;

C) An equipment use report; and

D) Any other information requested by the Department.

3. For multiple year projects, projects requesting interim reimbursements, and projects involving significant equipment, the Grant Agreement shall address reporting requirements, if any, in addition to the final report.

4. Failure to provide the final report or additional reports as required in this subsection (f) may render the grantee ineligible to receive reimbursement payments under the current award and ineligible for future awards. Due dates for reports may be extended for just cause when requests are submitted in writing at least 2 weeks prior to the due date.

g) Inspections. The Department may make periodic inspections of the project as stewardship actions progress. The Department will complete a final inspection or document review and formally accept the completed project prior to final grant payment.

h) Public Credit. To educate the public and promote the Grant Program, the grantee shall give public credit to the "Illinois Department of Natural Resources – Illinois Natural Areas Stewardship Grant Program" and coordinate with the Department on any publication, written document, news article, television or radio release, interview, or personal presentation, if initiated by the grantee, that refers to the project.

17 Ill. Adm. Code 3051.80 Program Information/Contact

For information on the Illinois Natural Areas Stewardship Grant Program, contact:

Illinois Department of Natural Resources

Office of Grant Management and Assistance

One Natural Resources Way

Springfield IL 62702-1271

Telephone: 217/782-7481

Email: DNR.Grants@illinois.gov

17 Ill. Adm. Code 3051.90 Final Administrative Decision

Application decisions are final administrative decisions by the Department subject to judicial review under the Administrative Review Law [735 ILCS 5/Art. III].

Part 3060 Special Wildlife Funds Grant Program

17 Ill. Adm. Code 3060.10 Overview

a) The Department of Natural Resources receives fees derived from the sale of State Habitat Stamps and State Migratory Waterfowl Stamps and through a voluntary check-off designation on State income tax return forms. These monies are deposited in several funds: Illinois Habitat Fund, State Pheasant Fund, State Furbearer Fund, State Migratory Waterfowl Stamp Fund and the Illinois Wildlife Preservation Fund. These funds are to be used by the Department in accordance with the statutes that establish the funds.

b) The Special Wildlife Funds Grant Program provides a variety of grants from the Special Wildlife Funds to managers of land, governmental entities, researchers, nonprofit organizations and individuals for the purpose of enhancing game and non-game wildlife habitat; land acquisition; education; and maintenance of wildlife rehabilitation facilities that take care of threatened or endangered wildlife. Special Wildlife Funds may also be used in accordance with applicable statutes for projects and activities undertaken by the Department. This Part does not limit, affect or apply to the authority of the Department to use the Special Wildlife Funds for its own projects and activities in accordance with applicable statutes.

History

• Source: Amended at 32 Ill. Reg. 19781, effective December 4, 2008

17 Ill. Adm. Code 3060.20 Definitions

"Appropriate Not-For-Profit Organization" means a not-for-profit corporation that is organized pursuant to the General Not For Profit Corporation Act of 1986 [805 ILCS 105], is in good standing as a not-for-profit corporation and is authorized to conduct affairs in Illinois with one of its purposes as stated in its Articles of Incorporation or Bylaws being the support, development, conservation or promotion of wild pheasants (State Pheasant Fund), wild waterfowl (State Migratory Waterfowl Stamp Fund) or wild fur-bearing mammals (State Furbearer Fund), the management of habitat for future generations (Illinois Habitat Fund), or wildlife rehabilitation.

"Cooperator" means any landowner participating in the benefits from a Special Wildlife Funds grant. The cooperator may or may not be enrolled in a federal or State conservation program that is also receiving a benefit from a Special Wildlife Funds grant.

"Deadline" means the date stated in this Part or the next business day if the deadline date falls on a Saturday, Sunday or holiday.

"Department" means the Illinois Department of Natural Resources.

"Director" means the Director of the Department.

"Endangered Wildlife" means any species of animal classified as endangered under the Illinois Endangered Species Act [520 ILCS 10] and 17 Ill. Adm. Code 1010.

"Enhance" means to make better in quality or value.

"Equipment" means tangible nonexpendable personal property having a useful life of more than one year and acquisition cost of $500 or more per unit. Furthermore, a group of items costing less than $500 each that, when combined, make up one functional unit with a combined cost of $500 or greater, is considered one piece of equipment (e.g., burn equipment).

"Farm Program" means any State or federal program that provides financial incentives to landowners who participate in conservation programs intended to reduce erosion, guard streams and rivers, restore and establish wildlife habitat and improve air and water quality, such as the U.S. Department of Agricultures' Conservation Reserve and Wetland Reserve Programs, the Department's Conservation Reserve Enhancement Program, etc.

"Grantee" means the successful applicant for funding of a project from one of the Special Wildlife Funds.

"Habitat" means all wetlands, woodlands, grasslands and agricultural lands, natural or altered, that support or have the potential to support populations of wild animals and/or native plant resources in any or all phases of their life cycles.

"Manage" means to direct or control the use of.

"Managers of Land" means any appropriate not-for-profit organization or governmental agency that has the expertise, the equipment, adequate staff/workforce and permission from the landowner (if applicable) to develop and/or manage habitat.

"Mississippi Flyway" means the states of Minnesota, Wisconsin, Michigan, Ohio, Indiana, Illinois, Iowa, Missouri, Arkansas, Kentucky, Tennessee, Alabama, Mississippi and Louisiana and the Canadian provinces of Saskatchewan, Manitoba and Ontario.

"Non-Game Wildlife" means any wildlife species that are not commonly pursued, killed, or consumed either for sport or profit, except house sparrow, European starling, domestic pigeon and species not indigenous to the State of Illinois.

"North American Waterfowl Management Plan" is a coordinated effort by individuals, organizations and agencies of the three countries (Canada, U.S. and Mexico) to conserve wetlands and increase waterfowl and wetland bird populations. It promotes joint ventures that are partnerships that protect, restore and enhance wetlands, uplands and riparian areas; manage habitat for waterfowl, shorebirds, non-waterfowl migratory birds and endangered species; improve water quality through watershed protection; and seek profitable agriculture and abundant wildlife.

"Person" means any individual, group, organization or entity.

"Perpetuate" means to prolong the existence of non-game wildlife and/or native plant resources through direct activities or through educating members of the general public on protection and preservation of these life forms.

"Preserve" means to maintain in safety from injury, peril or harm and to keep in perfect or unaltered condition and maintain unchanged.

"Project" means a proposal and follow-up activity for a habitat acquisition or development, including purchase, lease or other reasonable acquisition of equipment or education project as described on the application for assistance from one of the Special Wildlife Funds.

"Protect" means to keep from being damaged, attacked, stolen or injured.

"Public Access" means the right of the general public to approach, enter, exit or make use of.

"Public Use" means the right of the general public to utilize, with or without paying a fee.

"Special Wildlife Funds" means the Illinois Habitat Fund, State Pheasant Fund, State Furbearer Fund, State Migratory Waterfowl Stamp Fund or the Illinois Wildlife Preservation Fund.

"Threatened Wildlife" means any species of animal classified as threatened under the Illinois Endangered Species Act [520 ILCS 10] and 17 Ill. Adm. Code 1010.

"Wildlife" means any fauna living in a natural state without the direct care of man (i.e., captive, cultivated, etc.).

"Wildlife Rehabilitation Facility" means a facility that provides rehabilitation to wildlife.

History

• Source: Amended at 32 Ill. Reg. 19781, effective December 4, 2008

17 Ill. Adm. Code 3060.30 Illinois Habitat Fund Grant Program

a) Eligibility Requirements

1. Eligible recipients are limited to managers of land.

2. Eligible projects are limited to those seeking to preserve, protect, acquire or manage habitat in Illinois.

b) Application Procedures

1. Grant applications for funding assistance under this program shall be submitted to the Department at One Natural Resources Way, Springfield, Illinois 62702-1271, Attention: Office of Resource Conservation. The application deadline will be August 1. Application forms and instructions are available through the Department. Applications received after the application deadline will be returned to the applicant and not considered by the Department.

2. Applications shall contain all of the following required information:

A) the name and address of the applicant

B) the name of a contact person

C) a daytime telephone number and e-mail address (if available) for a contact person

D) a comprehensive project description with justification, including:

i) wildlife to benefit from the project

ii) plan for implementation

iii) map of project area

iv) amount of habitat to be established or managed, including species to be planted or eliminated

v) if with cooperators, plat map showing each property to be developed and a copy of a farm program contract for each committed cooperator involved in the project or estimated acreage. (Committed cooperators will be given priority over estimated acreage.)

E) comprehensive plan for the operation and maintenance of the project, including supervision, estimated costs (including any and all fees) and storage location, if applicable

F) a comprehensive funding/budget summary, including:

i) actual cash contributions other than the grant amount

ii) documented purchase price of equipment or commodities

G) description of plan for general public access or use (or lack thereof)

H) signature of the applicant or authorized individual for applicant

c) Project Evaluation and Procedures

1. All applications received on time and containing the information required by the application packet will be reviewed by Department staff. Incomplete applications will be returned to the applicant for completion and resubmittal. Submitting an incomplete application does not extend the application deadline beyond the designated deadline date. All complete, eligible and timely applications will be forwarded to the Illinois Habitat Fund Advisory Committee.

2. The Illinois Habitat Fund Advisory Committee shall evaluate each application presented to it according to criteria such as: past grant performance of the applicant, eligibility, feasibility, adverse impacts, quality of the proposed habitat, priority of the Department, the applicant's cost-share match and the applicant's plan for general public access to and/or use of the proposed habitat development or equipment purchase. The Committee shall provide to the Director all eligible applications and a prioritized list of recommended projects deemed to be consistent with the purposes of the Illinois Habitat Fund.

3. The Director shall make the determination of what grants shall be awarded after considering the recommendations of the Illinois Habitat Fund Advisory Committee. Applicants shall be notified of the Director's decision.

History

• Source: Amended at 32 Ill. Reg. 19781, effective December 4, 2008

17 Ill. Adm. Code 3060.40 State Pheasant Fund Grant Program

a) Eligibility Requirements

1. Eligible recipients are limited to appropriate not-for-profit organizations.

2. Eligible projects are limited to projects with the purpose of wild pheasant conservation. The projects may include land acquisition, pheasant habitat improvement on public or private land, pheasant research or education of the public regarding pheasants and pheasant hunting.

b) Application Procedures

1. Grant applications for funding assistance under this program shall be submitted to the Department at One Natural Resources Way, Springfield, Illinois 62702-1271, Attention: Office of Resource Conservation. The application deadline will be August 1. Application forms and instructions are available through the Department. Applications received after the deadline will be returned to the applicant and not considered by the Department.

2. Applications shall contain all of the following required information:

A) the name and address of the applicant

B) the name of a contact person

C) a daytime telephone number and e-mail address (if available) for a contact person

D) a comprehensive project description with justification, including:

i) plan for implementation

ii) map of project area

iii) number of acres to be improved

iv) amount of habitat to be established or managed, including species to be planted or eliminated

v) if with cooperators, plat map showing each property to be developed and copy of a farm program contract for each committed cooperator involved in the project or estimated acreage. (Committed cooperators will be given priority over estimated acreage.)

vi) target audience for education projects, with objectives, methodology, measurable outcomes and products resulting from the project that can be used after completion

E) comprehensive plan for the operation and maintenance of the project, including supervision, estimated costs (including any and all fees) and storage location, if applicable

F) a comprehensive funding/budget summary, including:

i) actual cash contributions other than the grant amount

ii) documented purchase price of equipment or commodities

G) description of plan for general public access or use (or lack thereof)

H) signature of the applicant or authorized individual for applicant

c) Project Evaluation and Procedures

1. All applications received on time and containing the information required by the application packet will be reviewed by Department staff. Incomplete applications will be returned to the applicant for completion and resubmittal. Submitting an incomplete application does not extend the application deadline beyond the designated deadline date. All complete, eligible and timely applications will be forwarded to the State Pheasant Committee for funding recommendations.

2. The State Pheasant Committee shall evaluate and prioritize each application according to the following criteria: completed application, past grant performance of the applicant, eligibility, feasibility, adverse impacts, quality of the proposed habitat, priority for the Department, the applicant's cost-share match and the applicant's plan for general public access to and/or use of the proposed habitat development or equipment purchase. The Committee shall provide to the Director all eligible applications and a prioritized list of recommended projects deemed to be consistent with the purposes of the State Pheasant Fund.

3. The Director shall make the determination of what grants shall be awarded after considering the recommendations of the State Pheasant Committee. Applicants shall be notified of the Director's decision.

History

• Source: Amended at 32 Ill. Reg. 19781, effective December 4, 2008

17 Ill. Adm. Code 3060.50 State Furbearer Fund Grant Program

a) Eligibility Requirements

1. Eligible recipients are limited to appropriate not-for-profit organizations, governmental entities, educational institutions or corporations.

2. Eligible projects are limited to those that educate hunters and trappers of fur-bearing mammals within the State and the general public concerning the role that hunting and trapping has upon fur-bearing mammal management; the laws associated with the harvesting of fur-bearing mammals; the techniques used in the hunting and trapping of fur-bearing mammals; the conservation, management and ecology of fur-bearing mammals; and the promotion of products made from wild fur-bearing mammals.

b) Application Procedures

1. Grant applications for funding assistance under this program shall be submitted to the Department at One Natural Resources Way, Springfield, Illinois 62702-1271, Attention: Office of Resource Conservation. The application deadline will be March 1. Application forms and instructions are available through the Department. Applications received after the deadline will be returned to the applicant and not considered by the Department.

2. Applications shall contain all of the following required information:

A) the name and address of the applicant

B) the name of a contact person

C) a daytime telephone number and e-mail address (if available) for a contact person

D) a comprehensive project description with justification, including:

i) furbearers to benefit from the project

ii) the target audience, with objectives, methodology, measurable outcomes and products resulting from the project that can be used after completion

E) a comprehensive funding/budget summary, including:

i) actual cash contributions other than the grant amount

ii) documented purchase price of equipment or commodities

F) signature of the applicant or authorized individual for applicant

c) Project Evaluation and Procedures

1. All applications received on time and containing the minimum required information will be reviewed by Department staff. Incomplete applications will be returned to the applicant for completion and resubmittal. Submitting an incomplete application does not extend the application beyond the application deadline. All complete, eligible and timely applications will be forwarded to the State Furbearer Committee for funding recommendations.

2. The State Furbearer Committee shall evaluate and prioritize each application according to the following criteria: completed application, past grant performance of the applicant, eligibility, feasibility, adverse impacts, priority for the Department and the applicant's cost-share match. The Committee shall provide to the Director all eligible applications and a prioritized list of recommended projects deemed to be consistent with the purposes of the State Furbearer Fund.

3. The Director shall make the determination of what grants shall be awarded after considering the recommendations of the State Furbearer Committee. Applicants shall be notified of the Director's decision.

History

• Source: Amended at 32 Ill. Reg. 19781, effective December 4, 2008

17 Ill. Adm. Code 3060.60 State Migratory Waterfowl Stamp Fund Grant Program

a) Eligibility Requirements

1. Eligible recipients are limited to appropriate not-for-profit organizations.

2. Eligible projects are limited to development of waterfowl propagation areas within the Dominion of Canada or the United States that specifically provide waterfowl for the Mississippi Flyway and projects to implement the North American Waterfowl Management Plan for the development of waterfowl areas within the Dominion of Canada or the United States that specifically provide waterfowl for the Mississippi Flyway.

b) Application Procedures

1. Grant applications for funding assistance under this program shall be submitted to the Department at One Natural Resources Way, Springfield, Illinois 62702-1271, Attention: Office of Resource Conservation. The application deadline will be January 1. Application forms and instructions are available through the Department. Applications received after the deadline will be returned to the applicant and not considered by the Department.

2. Applications shall contain all of the following required information:

A) the name and address of the applicant

B) the name of a contact person

C) a daytime telephone number and e-mail address (if available) for a contact person

D) a comprehensive project description with justification, including:

i) waterfowl to benefit from the project

ii) plan for implementation

iii) map of project area

iv) number of acres to be improved

v) if with cooperators, plat map showing each property to be developed and copy of a farm program contract for each committed cooperator involved in the project or estimated acreage. (Committed cooperators will be given priority over estimated acreage.)

vi) evidence the project is acceptable to the appropriate governmental entity having jurisdiction over the lands and waters affected by the project

E) comprehensive plan for the operation and maintenance of the project, including supervision, estimated costs (including any and all fees) and storage location, if applicable

F) a comprehensive funding/budget summary, including:

i) actual cash contributions other than the grant amount

ii) documented purchase price of equipment or commodities

G) description of plan for general public access or use (or lack thereof)

H) signature of the applicant or authorized individual for applicant

c) Project Evaluation and Procedures

1. All applications received on time and containing the minimum required information will be reviewed by Department staff. Incomplete applications will be returned to the applicant for completion and resubmittal. Submitting an incomplete application does not extend the application beyond the application deadline. All complete, eligible and timely applications will be forwarded to the State Duck Stamp Committee for funding recommendations.

2. The State Duck Stamp Committee shall evaluate and prioritize each application according to the following criteria: completed application, past grant performance of the applicant, eligibility, feasibility, adverse impacts, quality of the proposed habitat, priority for the Department, the applicant's cost-share match and the applicant's plan for general public access to and/or use of the proposed habitat development or equipment purchase. The Committee shall provide to the Director all eligible applications and a prioritized list of recommended projects deemed to be consistent with the purposes of the State Migratory Waterfowl Stamp Fund.

3. The Director shall make the determination of what grants shall be awarded after considering the recommendations of the State Duck Stamp Committee. Applicants shall be notified of the Director's decision.

History

• Source: Amended at 32 Ill. Reg. 19781, effective December 4, 2008

17 Ill. Adm. Code 3060.70 Illinois Wildlife Preservation Fund Grant Program

a) Eligibility Requirements

1. Eligible recipients are limited to persons.

2. Eligible projects are limited to those seeking to preserve, protect, perpetuate or enhance non-game wildlife and/or native plant resources in Illinois through research, management or education.

3. Grants shall be limited to a maximum of $2,000.

b) Application Procedures

1. Grant applications for funding assistance under this program shall be submitted to the Department at One Natural Resources Way, Springfield, Illinois 62702-1271, Attention: Office of Resource Conservation. The application deadline will be April 1. Application forms and instructions are available through the Department. Applications received after the deadline will be returned to the applicant and not considered by the Department.

2. Applications shall contain all of the following required information:

A) the name and address of the applicant

B) the name of a contact person

C) a daytime telephone number and e-mail address (if available) for a contact person

D) a comprehensive project description with justification, including:

i) species to be preserved, protected, perpetuated or enhanced

ii) plan for implementation, operation and maintenance

iii) property location and map of property and any neighboring habitat linkage, if applicable

iv) number of acres to be improved, preserved or protected

E) a comprehensive funding/budget summary, including:

i) actual cash contributions other than the grant amount

ii) labor equity contributions

iii) documented price of equipment or commodities

F) signature of the applicant or authorized individual for applicant

c) Project Evaluation and Procedures

1. All applications received on time, and containing the minimum required information will be reviewed by Department staff. Incomplete applications will be returned to the applicant for completion and resubmittal. Submitting an incomplete application does not extend the application beyond the application deadline. Department staff will select those projects that they determine best fit the purposes of the fund and prepare a prioritized list of projects recommended for funding. Staff will consider the following in making recommendations: completed application, deadline met, past grant performance of applicant, eligibility, feasibility, habitat quality on the property, adverse impacts and priority for the Department. The staff shall provide to the Director all eligible applications and a prioritized list of recommended projects deemed to be consistent with the purposes of the Illinois Wildlife Preservation Fund.

2. The Director shall make the determination of what grants shall be awarded. Applicants shall be notified of the Director's decision.

History

• Source: Amended at 32 Ill. Reg. 19781, effective December 4, 2008

17 Ill. Adm. Code 3060.75 Illinois Wildlife Preservation Fund Grant Program - Maintenance of Wildlife Rehabilitation Facilities That Take Care of Threatened or Endangered Species

Pursuant to the Illinois Non-Game Wildlife Protection Act [30 ILCS 155/4(c)], 5% of the Illinois Wildlife Preservation Fund will be committed to or expended on grants by the Department for the maintenance of wildlife rehabilitation facilities that take care of threatened or endangered species. For purposes of calculating the 5%, the amount in the Fund is exclusive of any federal funds deposited in or credited to the Fund. The amount to be committed to or expended on grants for the maintenance of facilities that take care of threatened or endangered species shall be calculated by multiplying the total amount received through the Illinois Wildlife Preservation Fund check-off on the Illinois 1040 State income tax return during the most recent calendar year for which the total of donations has been reported by the Illinois Department of Revenue by 0.05.

a) Eligibility Requirements

1. Eligible recipients are limited to those persons who possess a current wildlife rehabilitation license/permit issued by the Department and who have provided care for threatened or endangered wildlife species during the 3-year period preceding the date of their application for grant funds. Those applicants who intend to use any portion of grant funds received from the Department to take care of migratory birds must also possess a current wildlife rehabilitation license/permit issued by the U.S. Fish and Wildlife Service allowing that activity.

2. Eligible projects are limited to those projects necessary for maintenance of facilities used to rehabilitate threatened or endangered species. Eligible uses of grant funds are limited to structural repair and maintenance of existing buildings, pens, cages and appurtenant facilities used to take care of threatened or endangered wildlife species.

3. Grants shall be limited to a maximum of $2,000 to qualified, eligible applicants per year.

b) Application Procedures

1. Grant applications for funding assistance under this program shall be submitted to the Department at One Natural Resources Way, Springfield, Illinois 62702-1271, Attention: Office of Resource Conservation. The application deadline will be April 1. Application forms and instructions are available through the Department. Applications received after the deadline will be returned to the applicant and not considered by the Department.

2. Applications shall contain all of the following required information:

A) the name and address of the applicant

B) the name of a contact person

C) a daytime telephone number and e-mail address (if available) for a contact person

D) a comprehensive project description with justification, including:

i) a description of the facilities, including photographs, at which the grant funds will be used

ii) detailed description of the eligible uses for which grant funds will be expended, including drawings and/or photographs illustrating the portions of the facilities that will be maintained with grant funds

iii) detailed description of the benefits to threatened or endangered wildlife species that will result from the proposed expenditure of grant funds

iv) property location and map of property

E) a comprehensive funding/budget summary, including:

i) actual cash contributions other than the grant amount

ii) labor equity contributions

iii) documented price of expected expenditures for the maintenance project

F) a list of all threatened or endangered wildlife species cared for at the facility in the 3 years preceding the application for grant funds and the percentage of the facility's total caseload comprised of threatened or endangered wildlife species during that 3 year period

G) a photocopy of current wildlife rehabilitation licenses/permits issued to the applicant by the Department and/or the U.S. Fish and Wildlife Service

H) signature of the applicant or authorized individual for applicant

c) Project Evaluation and Procedures

1. All applications received on time, and containing the minimum required information, will be reviewed by Department staff. Incomplete applications will be returned to the applicant for completion and resubmittal. Submitting an incomplete application does not extend the application beyond the application deadline. Department staff will select those projects that they determine best fit the purposes of the fund and prepare a prioritized list of projects recommended for funding. Staff will consider the following in making recommendations: completed application, deadline met, past grant performance of applicant, eligibility, feasibility, adverse impacts and priority for the Department. The staff shall provide to the Director all eligible applications and a prioritized list of recommended projects deemed to be consistent with the purposes of the Illinois Wildlife Preservation Fund.

2. The Director shall make the determination of what grants shall be awarded. Applicants shall be notified of the Director's decision.

3. Reporting Requirements

A) The grantee shall provide a written Final Report (consisting of two hard copies and one CD or 3½" diskette in Word or PDF format; Macintosh format will not be accepted) to the Department no later than 30 days following the completion of the project or the ending date of the grant agreement, whichever is earlier. The Final Report shall take the form of a technical report or manuscript for publication and include all of the following required information:

i) grant agreement number

grantee name, address and telephone number

time-frame of the report

name and telephone number or e-mail address of grantee representative completing the report

ii) project objective as described in the application and grant agreement

iii) completed project description

iv) summary of the project accomplishments (if applicable) as follows:

introduction, materials and methods, results, discussion and summary sections

deliverables of five to 10 digital images (color/black and white photos and slides are acceptable, though digital images are preferred) depicting the study species, project site, project activities, or other aspects of the project

for education of the general public, a list of wildlife and/or native plant resources (by species) that benefited from the project and how they benefited, specific audience affected, measurable outcomes achieved, and list of products resulting from the project

total project expenditures itemized to include the following: name and address of vendor, item description identifying details (if applicable), quantity purchased, date item purchased

project expenditures paid by funds other than Special Wildlife Grant Funds

B) Final payment will not be processed until the Final Report and payment request certification are received and approved by the Department. Failure to provide reports in a timely fashion may render the grantee ineligible to receive payments under the current award or make the grantee ineligible for future awards. Deadlines for reports may be extended for just cause when a request is submitted in writing at least two weeks prior to the deadline.

History

• Source: Added at 32 Ill. Reg. 19781, effective December 4, 2008

17 Ill. Adm. Code 3060.80 General Requirements

a) Grant Compliance

1. Agreement

A) When a grant has been awarded, the grantee and the Director of the Department, or the Director's designee on behalf of the Department, shall execute an agreement. In order for the costs to be eligible for funding, the project must not be initiated and costs shall not be incurred prior to the time the Department approves the grant agreement. This grant shall not be used to reimburse an applicant for any costs incurred prior to the execution of the grant agreement.

B) The agreement shall contain substantive provisions including, but not limited to, the following:

i) a recitation of legal authority pursuant to which the agreement is made

ii) an identification of the project scope and schedule and the work or services to be performed or conducted by the grantee

iii) an identification of the grant amount

iv) the condition and manner by which the Department shall pay the grant amount, subject at all times to annual appropriation by the General Assembly

v) the irrevocable promise by the grantee to pay the local match (if any) of the total project cost

vi) a promise by the grantee not to assign or transfer any of the rights, duties or obligations of the grantee without the written consent of the Department

vii) a promise by the grantee not to amend the agreement without the written consent of the Department; failure to do so will result in a cost disallowance; the project must be completed by the completion date on the notice of grant award unless a written request for an extension is submitted no later than 30 days prior to the award completion date

viii) a covenant that the grantee shall expend the grant award and any accrued interest only for the purposes of the project as stated in the application and approved by the Department

ix) a covenant that the grantee shall refrain from entering into any written or oral agreement or understanding with any party that might be construed as an obligation of the State of Illinois or the Department for the payment of any funds under the Special Wildlife Funds Grant Program

2. Grant funds for projects approved through the Special Wildlife Funds Grant Program may be made available for expenditure by a grantee for a period no longer than 2 years, except where such grant funds are disbursed in reimbursement of costs previously incurred by the grantee.

3. Acknowledgment of Funding Source

A) The grantee shall give proper credit to the appropriate Special Wildlife Fund and coordinate with the Department on any publication, written document, news article, television and radio release, interview or personal presentation, if initiated by the grantee, which refers to the project.

B) The grantee shall post a sign, include a logo or affix a decal, if practical and applicable, crediting the applicable Special Wildlife Fund. Signs, logos and decals shall be supplied by the Department. The appropriate Advisory Committee will provide guidance to the grantee for posting of signs, logos and decals on projects awarded under its Special Wildlife Fund.

4. Reporting Requirements

A) A grantee shall provide a written Final Report to the Department no later than 30 days following the ending date of the agreement. The Final Report shall include all of the following required information:

i) project information including:

grant agreement number

grantee name, address and telephone number

time-frame of the report

name and telephone number or e-mail address of grantee representative completing the report

ii) project objective as described in the application and grant agreement

iii) completed project description

iv) summary of the project accomplishments involving habitat preserved, protected, acquired, managed or improved (if applicable) through the grant, including:

list of wildlife and/or native plant resources (by species) that benefitted from the project and how they benefitted

acres planted in cool season grasses, warm season grasses, forbs, legumes, shrubs, trees or other appropriate description, including whether the acres were new or replanted acres

acres sprayed or controlled through the use of herbicides

acres upon which controlled burns were undertaken

acres affected through woody vegetation and/or tree removal

acres planted, disked, mowed, sprayed, or burned, or trees/shrubs planted or removed with equipment purchased through the grant

number of cooperators involved in the project

5 to 10 digital images depicting the study species, project site, project activities or other aspects of the project

v) summary of the project accomplishments for the education of the general public (if applicable) through the grant, including:

list of wildlife and/or native plant resources (by species) that benefitted from the project and how they benefitted

specific audience affected

measurable outcomes achieved

list of products resulting from the project

vi) summary of the project research accomplishments (if

applicable) resulting from the grant, including:

list of wildlife and/or native plant resources (by species) that benefitted from the research undertaken in the project and how they benefitted

how such research can be implemented to benefit the targeted wildlife and/or native plant resources

vii) total project expenditures itemized to include the following:

name and address of vendor

item description identifying details (if applicable) such as:

make, model, serial number of any equipment or commodities purchased

brand name, seed species/mix

quantity purchased

date item purchased

viii) project expenditures paid by funds other than Special Wildlife Grant Funds

ix) documentation to support summarized report including a complete list of landowner names and full address (note if absentee owner), acreage location and acres affected by the project. Multiple conservation practices on the same acreage does not multiply the acreage

B) For multiple year projects, the Department may require the grantee to submit an Annual Progress Report for each year during which the project is active. The Annual Progress Report shall include the same information listed in subsection (a)(4)(A) for the Final Report as pertains to the current year.

C) Failure to provide the Final Report or Annual Progress Report as required in subsection (a)(4)(A) may render the grantee ineligible to receive payments under the current award or make them ineligible for future awards. Deadlines for reports may be extended for just cause when requests are submitted in writing at least 2 weeks prior to the deadline.

5. Financial Management

A) The grantee shall keep adequate records relating to its administration of a project, particularly relating to all incurred costs. All assets acquired through Special Wildlife Funds shall be accounted for. These records shall be available for audit by appropriate personnel of the Department and the State Auditor General. All records shall be retained in accordance with State laws.

B) Any funds (including any interest earned) not expended or legally obligated at the completion of the project or at the end of the agreement, whichever is earlier, shall be returned to the Department within 45 days to be deposited in the applicable Special Wildlife Fund. If the purchase is initiated and documented by a written purchase order or invoice prior to the end of the term of the agreement and payment is made within 60 days, the expense is allowable.

C) Interest earned on funds received as an advance payment shall become part of the project principal and may only be used for eligible activities.

D) Any expenditure that does not comply with the grant agreement shall be disallowed and shall be returned to the Department for deposit into the applicable Special Wildlife Fund.

6. Whenever a grantee violates this Part, it shall be ineligible for further assistance for a period of 2 years.

b) Equipment

1. Equipment that is eligible to be purchased with Special Wildlife Funds will be limited by the purpose of the particular grant program.

A) Illinois Habitat Fund Grant Program and State Pheasant Fund Grant Program

Equipment that specifically establishes, maintains or restores habitat, such as native grass drills, tree planters, seeders, sprayers, tillers, disks, mowers, tractors and burn equipment is eligible to be purchased with Special Wildlife Funds. Vehicles such as trucks, all-terrain vehicles (ATVs), etc., are not eligible for Special Wildlife Funds.

B) State Furbearer Fund Grant Program

Equipment that specifically provides educational opportunities in an eligible project (see Section 3060.50(a)) is eligible to be purchased with Special Wildlife Funds.

C) State Migratory Waterfowl Stamp Fund Grant Program

Equipment that specifically develops, maintains or restores waterfowl propagation areas within the Dominion of Canada or the United States that specifically provide waterfowl for the Mississippi Flyway is eligible to be purchased with Special Wildlife Funds. Vehicles such as trucks, all-terrain vehicles (ATVs), etc., are not eligible for Special Wildlife Funds.

D) Illinois Wildlife Preservation Fund Grant Program

Equipment that specifically preserves, protects, perpetuates or enhances non-game wildlife and/or native plant resources through research, management or education is eligible to be purchased with Special Wildlife Funds.

E) Illinois Wildlife Preservation Fund Grant Program – Maintenance of Wildlife Rehabilitation Facilities That Take Care of Threatened or Endangered Species

No equipment is eligible to be purchased with monies from the Maintenance of Wildlife Rehabilitation Facilities That Take Care of Threatened or Endangered Species Fund.

2. Grantees will be responsible for the maintenance of any equipment purchased through the Special Wildlife Funds Grant Program.

3. Equipment is to be kept safe and secure by the grantee.

4. Equipment for habitat establishment, maintenance or restoration is to be available for use by the general public.

5. The grantee may charge a fee for the use of habitat establishment, maintenance or restoration equipment. Rental fees shall not exceed $3/acre for habitat development equipment such as native grass drills, tree planters, seeders, sprayers, tillers, disks, mowers, tractors or other planting equipment purchased with Special Wildlife Funds. Rental fees shall be disclosed with the application for funding assistance in purchasing the equipment. All monies collected as rental fees shall be used solely to maintain the equipment for which they are charged. The rental fees charged and received by the grantee shall also be disclosed on the reporting of the use of that equipment. No other fees beyond a rental fee may be charged by the grantee for use of the equipment.

6. The grantee shall submit an Equipment Use Report on the use of all equipment purchased with Special Wildlife Funds. The Equipment Use Report shall include all of the following required information:

A) Details on the grant recipient including:

i) name and address of the grantee

ii) number of the grant agreement under which the equipment was purchased

iii) name and telephone number or e-mail address of the person completing the report

iv) time period covered by the Equipment Use Report

B) Details on the piece of equipment including:

i) equipment type, model number and serial number

ii) storage location address

iii) acre or odometer meter reading at the beginning and ending of the reporting period

iv) contact person name and telephone number

v) rental rate charged and total fees collected for the use of the equipment

vi) description of any equipment maintenance and total expenditures for maintenance, supported by paid invoices

C) Detailed information on the use of the equipment, including:

i) date equipment was used

ii) location of equipment use, including county, township, range and section

iii) landowner name and full address (note if absentee owner)

iv) description of how equipment was used, including:

● management practice completed (planting, disking, mowing, herbicide application, prescribed burn)

● for planting practices, the number of acres planted in cool season grasses, warm season grasses, forbs, legumes, shrubs or trees, or other appropriate description, including whether the acres were new or replanted acres

● acres established, enhanced, or otherwise affected and how affected (note when multiple practices are on the same acres)

7. The Equipment Use Report shall be submitted by December 31 during each of the first 5 years following the project award. The Equipment Use Report shall suffice as the Annual Progress Report required in subsection (a)(4)(B) if the equipment purchase was the only aspect of the project.

8. Equipment purchased shall become the property and the responsibility of the grantee unless specified otherwise in the agreement.

9. Whenever it has been determined by the grantee and the Department that equipment acquired through the Special Wildlife Funds Grant Program is no longer needed for the project purpose, or that the grantee has other good cause, the equipment, with the approval of the Department, may be disposed of in accordance with one of the following methods:

A) Equipment may be transferred at no charge at any time with the approval of the Department to another governmental agency or not-for-profit organization to use in accordance with the original project purpose.

B) Equipment held more than 5 years may be retained, sold or otherwise disposed of with no further obligation to the Department.

C) When equipment is held less than 5 years and not transferred in accordance with subsection (b)(8)(A), the grantee shall forfeit its interest in the equipment and shall deliver the equipment to the Department.

c) Habitat Establishment, Maintenance or Restoration

1. On habitat establishment, maintenance or restoration projects in which other governmental or private funding programs are involved, the grantee is required to provide the following detailed information:

A) cooperator names and addresses and locations of the habitat affected (Township, Range, Section and County);

B) number of acres enhanced by the grant;

C) type of eligible conservation practice completed;

D) the funding amount of other cost sharing provided and the name of the cost share provider;

E) a copy of any farm program contract or other pertinent document identifying the amount of cost-share being provided; and

F) length of time committed to maintain the developed habitat area.

2. The grantee cannot charge fees for service or require membership to participate in the benefits of a project funded through Special Wildlife Fund grants except as specifically authorized by this Part.

3. Habitat establishment, maintenance or restoration projects are to identify the general plant species to be planted, such as cool season grasses, warm season grasses, forbs, legumes, shrubs or trees, or other appropriate description.

d) Inspection and Auditing of Projects

1. The Department shall be authorized to enter and cross properties affected by the Special Wildlife Funds grant program to inspect progress and monitor grantee compliance, in accordance with the authorities granted it through the Civil Administrative Code of Illinois [20 ILCS 805/805-530].

2. The Department shall develop a standardized inspection report for use by Department personnel when inspecting any project site. The inspection report shall become part of the public record.

History

• Source: Amended at 32 Ill. Reg. 19781, effective December 4, 2008

Part 3070 Park and Recreational Facility Construction Act Grant Program

17 Ill. Adm. Code 3070.10 Program Objective

a) The Park and Recreational Facility Construction Act (PARC) provides for grants to be disbursed by the Department of Natural Resources (Department) to eligible local governments for park and recreation unit construction projects.

b) Park or recreation unit construction project means the acquisition, development, construction, reconstruction, rehabilitation, improvement, architectural planning, and installation of capital facilities consisting of buildings, structures, and land for park or recreation purposes and open spaces and natural areas, as those terms are defined in Section 10 of the Illinois Open Land Trust Act [525 ILCS 33].

17 Ill. Adm. Code 3070.20 Eligibility Requirements

Any unit of local government is eligible for assistance under the PARC grant program. Local government means counties, townships, municipalities, park districts, conservation districts, forest preserve districts, river conservancy districts and any other units of local government authorized by Illinois law to expend public funds for the acquisition and development of land for public indoor/outdoor park, recreation or conservation purposes.

17 Ill. Adm. Code 3070.30 Assistance Formula

The PARC program shall operate on a reimbursement basis providing up to the following maximum percentages for funding assistance:

a) Of the total amount of PARC project funds awarded statewide, 20% shall be awarded to the Chicago Park District, provided that the Chicago Park District complies with the provisions of State law and this Part, and 80% shall be awarded to local government units outside of the City of Chicago.

b) Any grant under the Park and Recreational Facility Construction Act [30 ILCS 764] (Act) to a local government shall be conditioned upon the State providing assistance up to 75% of the approved project costs, with the exception of those local governments defined as disadvantaged, which shall be eligible for up to 90% State funding assistance provided that no more than 10% of the amount so appropriated in any fiscal year under the Act is made available for disadvantaged local governments.

c) The Department will determine which local governments are considered disadvantaged based on calculations using the most current published Illinois Census data and Illinois Department of Revenue information. The Department may consider a unit of local government's request for inclusion as a disadvantaged applicant. If so requested, the unit of local government must submit verifiable data to justify its request. The Department may consider other available data in its calculations, but reserves the final determination on whether an applicant meets the definition of a disadvantaged community.

17 Ill. Adm. Code 3070.40 General Procedures for Grant Applications and Awards

a) Grant applications for assistance under this program will be due no later than 45 days after the public announcement by the Department that funds have been made available for this program. Failure to submit a completed application to the Department by the specified application deadline will result in project rejection for that grant cycle.

b) Necessary application materials and instructions are available through the Department (see subsection (d)). Awarding of grants will be on a competitive basis and will be made under authority of the Director of the Department of Natural Resources.

c) Project grant applications consist of the following basic components, at a minimum:

1. applicant's name, address and telephone number;

2. an itemized proposed project cost estimate;

3. project narrative statement describing the project concept, location, need for and objectives of the project, anticipated benefits, proposed usages and method of financing or accomplishing the project;

4. project location map, site plat map and proposed development plan;

5. project environmental evaluation;

6. proof of land ownership or usage rights for proposed development (construction) projects or commitment of title insurance for project property planned for acquisition;

7. a signed document by the applicant verifying the applicant has the resources to initially finance and subsequently manage the project area and will comply with program regulations and indemnify the Department from any liability relative to the project; and

8. a schedule of proposed expenditures/reimbursements from anticipated start through project completion.

d) A program information packet may be obtained from the Division of Grant Administration, Illinois Department of Natural Resources, One Natural Resources Way, Springfield IL 62702-1271, telephone 217/782-7481.

17 Ill. Adm. Code 3070.50 Eligible Project Costs

a) Grant assistance may be obtained for the following items:

1. Rehabilitation or Construction Projects with Capital Expenditures. Capital expenditure means an outlay of capital that confers long-term benefits that permanently improve the property's value or usefulness. Capital expenditures generally include, but are not limited to, one or more of the following purposes: land acquisition, architectural planning and engineering design costs in association with a larger bondable project; demolition (in preparation for additional work); site preparation and improvement; utility work; new construction of buildings and structures; reconstruction or improvement of existing buildings or structures; initial furniture and equipment integral to the project; replacement of currently utilized assets by a better asset; and expansion of existing buildings or facilities. Work that constitutes repairs, maintenance or remodeling of a limited nature or scope and that is not done as part of a larger bondable project shall not be considered bondable capital expenditures. A non-bondable project is generally one that maintains or preserves the existing condition, use or size of a capital asset and that is neither in the nature of a betterment nor a change to the capital asset's condition, use or size. Generally, this work does not significantly add to the value of the capital asset nor appreciably prolong the life of the capital asset. Eligible project types include, but are not limited to, the following:

A) demolition in preparation for additional indoor/outdoor recreation purposes;

B) site preparation and improvements for indoor/outdoor recreation purposes;

C) utility work for indoor/outdoor recreation purposes;

D) reconstruction or improvement of existing buildings or structures for indoor/outdoor recreation purposes;

E) expansion of existing buildings or facilities for indoor/outdoor recreation purposes; and

F) new construction of buildings and structures for indoor/outdoor recreation purposes.

2. The following are operating or other types of expenditures that are not considered capital expenditures:

A) projects with a total cost of less than $25,000;

B) feasibility studies, long-range development plans, master plans, and historical or archaeological research;

C) costs of repairs or maintenance that are normally anticipated to occur;

D) remodeling of a limited nature or scope that is not done as part of a larger bondable project;

E) costs of staff or resident labor and material;

F) ongoing operational and administrative expenses;

G) installation of fire alarms, smoke detectors, or connections of building monitoring systems to a central or off-site central monitor, unless included in a larger bondable project; and

H) purchase of vehicles or construction equipment.

3. Land acquisition costs (fee simple title or permanent easement, etc.) for public park and/or conservation purposes, including associated eligible appraisal costs. Eligible projects include, but are not limited to, acquisition of land for the following:

A) construction of new public indoor/outdoor recreation buildings, structures and facilities;

B) expansion of existing public indoor/outdoor recreation buildings, structures and facilities;

C) general park purposes such as regional, community and neighborhood parks and playfields;

D) frontage on public surface waters for recreation use;

E) open space/conservation purposes to protect floodplains, wetlands, natural areas, wildlife habitat and unique geologic or biologic features;

F) linear corridors for trails and/or greenways; and

G) additions to the projects described in subsections (a)(3)(A) through (F).

b) Acquisition of land from another public agency (excluding school districts) is not eligible for PARC grant assistance.

c) Project costs for which reimbursement is sought cannot be incurred by the project applicant prior to grant approval notification. Costs incurred prior to Department approval are ineligible for grant assistance with the exception of architectural and engineering fees. For acquisition projects, costs are considered incurred when a property deed, lease or other conveyance is accepted by the local sponsor or first payment is made on the project property or to an escrow account for the property.

d) Development project costs are considered incurred on the date construction contracts are signed or actual physical work begins on the project site or project materials are delivered.

e) No grant funds shall be awarded for the acquisition or development of land that will not be available for general public indoor/outdoor recreation use.

f) PARC grant funds cannot be used to match other State or federal grant funds.

17 Ill. Adm. Code 3070.60 Project Evaluation Priorities

The following factors are used by the Department in evaluating and recommending local project applications for funding consideration. These priorities are listed in this Section and also available in the Department's PARC Local Participation Grant Manual (available from Illinois Department of Natural Resources Division of Grant Administration, One Natural Resources Way, Springfield IL 62702-1271). Department grant staff, in consultation with executive and appropriate resource staff, review all applications in accordance with the established evaluation criteria in this Section. Department grant staff recommendations are forwarded to the Director for PARC grant approval.

a) Statewide Local Needs Assessment – 55%

1. useful life of existing facilities and improvements in comparison to the Department's schedule of Useful Life of Park and Recreation Facilities;

2. address public health and safety needs;

3. sponsor has high economic need;

4. correct accessibility deficiencies as defined by the Americans With Disabilities Act (42 USC 12101);

5. projects that provide the greatest benefit in terms of cost per capita within the applicant's jurisdictional boundaries; and

6. land acquisition.

b) Statewide Comprehensive Outdoor Recreation Priorities – 10%

Projects are evaluated in terms of their ability to address major outdoor recreation and conservation issues identified by the Department in its Statewide Outdoor Recreation Plan. These include, but are not limited to, natural area and wetland preservation, protection of endangered/threatened species and critical habitat resources, conservation education, creation of greenways and long distance trail corridors, water-based recreation, recreation for disadvantaged populations and adaptive re-use/redevelopment of urban lands, including brownfields.

c) Project Concept and Site Characteristics – 15%

The project proposal is evaluated in terms of the site's physical and aesthetic qualities, including accessibility; soil, topographic and hydrologic characteristics; site vegetation; compatibility with adjacent land uses; environmental intrusion on the site; impacts to cultural and natural resources; suitability for the construction of a new building, structure or facility; and the overall recreational diversity provided by the project. Consideration is also given for the use of recycled materials, composting, water or resource-conservancy materials, methods, products or practices.

d) Local Planning – 10%

The major consideration under this criterion is public support and input into the project plan and existence of a comprehensive local recreation and/or open space plan identifying the proposed project as a priority. Consideration is also given for unique recreational opportunities not specifically identified in a local plan but having documented widespread public support.

e) Other Considerations – 10%

Relevant factors considered in evaluating the overall merits of a project and need for funding include projects located in inner-urban areas; involving land acquisitions of a time-sensitive nature; proposing initial site development; involving private donations; representing economic revitalization efforts; or from applicants not previously benefitting from PARC assistance.

f) Penalty Factors

Consideration is given to the applicant's past performance in completing open space lands acquisition and development (OSLAD) or other Department grant projects or unresolved project violations and the ability to properly maintain the project site.

17 Ill. Adm. Code 3070.70 Program Compliance Requirements

a) Any property acquired or developed through assistance from the Illinois PARC grant program must be open to the public for indoor/outdoor recreation use as set forth in this Part without regard to race or color, creed, national origin, sex or disability.

b) All development projects receiving grant assistance shall be bound by the terms of this program for a period of 20 years. All properties acquired with PARC assistance are required to have a covenant placed on the deed at the time of recording that stipulates the property must be used, in perpetuity, solely for indoor/outdoor recreation purposes and cannot be sold or exchanged, in whole or part, to another party without approval from the Department.

c) Property acquired or developed with PARC funds may not be converted to a use other than public outdoor recreation use as provided in this Part without prior Department approval. Approval for property conversion will be granted only if the project sponsor substitutes replacement property of at least equal fair market value and comparable outdoor recreation usefulness, quality and location.

d) For projects receiving acquisition assistance, an appraisal must be provided by the sponsoring agency and submitted to the Department for review and certification to establish the fair market value of the property. The appraisal must be accepted as complete by the Department.

e) For projects receiving development assistance, the sponsoring agency must possess either fee simple title or other means of legal control and tenure (easement, lease, etc.) over the property being improved for a period of 20 years. The Department will consider, on a case-by-case basis, lease arrangements for shorter periods when State statute prohibits a unit of local government from entering into such a long-term agreement, or other circumstances beyond the control of the unit of local government prohibit such arrangements. The sponsor must also adhere to applicable local bidding and procurement requirements and make available to the Department, upon request, all working plans, specifications, contract documents and cost estimates for review prior to commencing work. The format for any advertisement or prospectus soliciting and inviting bids, indicating submission deadlines, must also be presented, upon request, to the Department for review prior to publication.

f) The local project sponsor is required to enter into an agreement with the Department for an amount agreed upon as necessary to complete the approved project, specifying the related grant reimbursement amount and program compliance regulations.

g) Upon project completion, the project sponsor must submit a certified project billing request (expenditure statement) listing/verifying all funds expended on the project for which grant reimbursement is sought, as well as required billing documentation, as follows:

1. Acquisition Project: Proof of good faith negotiations or fair market value offer to land seller, copy of property deed and title insurance policy (Judgement Order in case of condemnation) showing ownership transferred to the local project sponsor, and copies of canceled checks showing proof of payment to seller.

2. Development Projects: Copy of construction as-built drawings (no larger than 11" x 17") and verification of actual project costs.

h) All financial records on approved projects must be maintained and retained, in accordance with the Grant Funds Recovery Act [30 ILCS 705] and the State Records Act [5 ILCS 160], by the project sponsor for possible State audit after final reimbursement payment is made by the Department.

i) The sponsoring agency must permanently post a PARC grant acknowledgment sign at the project site. The wording for the PARC sign will be provided by the Department.

j) Projects assisted with PARC grant funds shall be implemented in accordance with all applicable federal, State and local laws, ordinances and regulations relating to public agency expenditure of funds for public works projects.

k) The sponsoring agency must observe and comply with the provisions of the Prevailing Wage Act [820 ILCS 130/4], which apply to the wages of laborers, mechanics and other workers employed in any public works, and with the prevailing wage requirements of the Illinois Procurement Code [30 ILCS 500/25-60].

l) It shall be understood by the project sponsor that a Department representative may make periodic inspections of the project as construction progresses and that a final inspection and acceptance of the completed project may be made by a representative or agent of the Department prior to final payment of grant reimbursement to the local sponsoring agency.

m) The sponsoring agency shall indemnify, protect, defend and hold harmless the Department from any and all liability, costs, damages, expenses, or claims arising under, through or by virtue of the construction, operation and maintenance of PARC assisted facilities.

n) In connection with and prior to the construction and the subsequent operation and maintenance of PARC assisted facilities, it shall be understood that the project sponsor is responsible for obtaining any and all necessary construction permits, licenses or forms of consent, as required by law. Failure to obtain any required permits may jeopardize approved grant funding.

o) The sponsoring agency must comply with and abide by the following operation and maintenance provisions:

1. All lands and facilities assisted with PARC funds shall be continuously operated and maintained by the sponsoring agency in a safe and attractive manner at no cost to the Department and be operated and utilized in such a manner as to maximize the intended benefits to the public.

2. The Department shall have access to PARC assisted facilities at all times for inspection purposes to ensure the project sponsor's continued compliance with this Part.

3. The sponsoring agency may enter into a contract or agreement with responsible concessionaires to operate and/or construct facilities for dispersing food to the public and/or any other services as may be desired by the public and the sponsoring agency for enjoyable and convenient use of the PARC assisted site.

4. Any and all concession revenue in excess of the costs of operation and maintenance of the PARC lands and/or facilities shall be used for the improvement of those lands or facilities or similar nearby public facilities. All sub-leases or licenses entered into by the sponsoring agency with third persons relating to accommodations or concessions to be provided for or at the PARC facility for benefit of the public shall be submitted to the Department, upon request, for its approval prior to the sublease or license being entered into or granted by the sponsoring agency.

p) Conflict of Interests

1. No official or employee of the local political subdivision who is authorized in his or her official capacity to negotiate, make, accept, or approve or to take part in decisions regarding a contract or subcontract in connection with an approved PARC grant project shall have any financial or other personal interest in any such contract or subcontract.

2. No person performing services for the local political subdivision in connection with an approved PARC grant project shall have a financial or other personal interest other than his or her employment or retention by the local political subdivision in any contract or subcontract in connection with an approved PARC grant project. No officer or employee of such person retained by the local political subdivision shall have any financial or other personal interest in any real property acquired under an approved PARC grant project unless that interest is openly disclosed upon the public records of the local political subdivision and the officer, employee or person has not participated in the acquisition for or on behalf of the local political subdivision.

q) The project sponsor certifies that it provides a drug free workplace and related employee assistance as defined and required by the Drug Free Workplace Act [30 ILCS 580].

r) Pursuant to Section 2-105(A)(4) of the Human Rights Act [775 ILCS 5/2-105(A)(4)], the project sponsor certifies that it has a written sexual harassment policy that includes, at a minimum, the following information:

1. the illegality of sexual harassment;

2. the definition of sexual harassment under State law;

3. a description of sexual harassment utilizing examples;

4. the contractor's internal complaint process, including penalties;

5. the legal recourse, investigation and complaint process available through the Illinois Department of Human Rights and the Human Rights Commission and directions on how to contact both; and

6. protection against retaliation as provided by Section 6-101 of the Illinois Human Rights Act. A copy of the policy shall be provided to the Department of Human Rights upon request.

s) Program Violations and Project Termination

1. The State will unilaterally rescind project agreements at any time prior to the commencement of the project in the event that State funds are not appropriated for the grant program. After project commencement, agreements may be rescinded, modified or amended only by mutual agreement with the local political subdivision. A project shall be deemed to be commenced when the local political subdivision makes any expenditure or incurs any obligation with respect to the project.

2. Failure by the local sponsoring agency to comply with any of the program terms listed in this Section shall be cause for the suspension of all grant assistance obligations, unless, in the judgement of the Department, the failure was due to no fault of the local sponsoring agency (e.g., statutory changes, acts of God).

17 Ill. Adm. Code 3070.80 Program Information/Contact

For information on the PARC Grant Program, contact:

Illinois Department of Natural Resources

Division of Grant Administration

One Natural Resources Way

Springfield IL 62702-1271

Telephone: 217/782-7481

FAX: 217/782-9599

Part 3075 Illinois Youth Recreation Corps Grant Program

17 Ill. Adm. Code 3075.10 Definitions

Department – Means the Department of Natural Resources.

Hourly Rate –

The rate of payment to youth employees hired under a grant issued under this Part shall not be lower than the current minimum wage rate established by the Minimum Wage Law [820 ILCS 105].

The rate of payment to managing supervisors shall not be lower than the current minimum wage rate established by the Minimum Wage Law plus $2.00 per hour.

The hourly rates established in this definition may be adjusted higher, as determined by the Department, if funds are available. Any adjustment beyond the minimum wage rate shall be identified by the Department in the grant application and grant contract.

Local Sponsor – Means any unit of local government or not-for-profit entity that can make available for a summer conservation or recreation program park lands, conservation or recreational lands or facilities, equipment, materials, administration, supervisory personnel, etc.

Managing Supervisor – Means an enrollee in the Illinois Youth Recreation Corps who is selected by the local sponsor to supervise the activities of the youth employee enrollees working on the conservation or recreation project.

Not-for-Profit Entities – Entities eligible for participation in this grant program must be recognized and/or incorporated in Illinois as not-for-profit under the provisions of the General Not For Profit Corporation Act of 1986 [805 ILCS 105], and must possess current status as exempt from taxation under section 501(c) or 501(d) of the United States Internal Revenue Code. Not-for-profit entities without current tax-exempt status are not eligible.

Wages – Only the hourly rate for personal services paid to the employed youth (from which applicable taxes shall be withheld). "Wages" does not include the employer's contribution or portion of any tax.

History

• Source: Amended at 37 Ill. Reg. 18865, effective November 7, 2013

17 Ill. Adm. Code 3075.20 Grant Program Objective

a) The Illinois Youth Recreation Corps grant program provides grants to be disbursed by the Department to eligible local sponsors to provide wages to youth working, operating and instructing in conservation or recreational programs f.

b) The conservation or recreational programs shall include, but are not limited to, the coordination and teaching of natural resource conservation and management, physical activities and learning activities directly related to natural resource conservation management or recreation.

c) Local sponsors may charge a user fee for participation in the conservation or recreational program, as long as those fees are designed to promote as much community involvement as possible.

History

• Source: Amended at 37 Ill. Reg. 18865, effective November 7, 2013

17 Ill. Adm. Code 3075.30 Eligibility Requirements

To be eligible for this grant program, local sponsors must have the ability to provide suitable facilities, materials and management staff for summer conservation or recreational programs within the local community.

History

• Source: Amended at 37 Ill. Reg. 18865, effective November 7, 2013

17 Ill. Adm. Code 3075.40 Eligible Project Costs, Payments and Compliance Requirements

a) Grant assistance is available to provide wages for managing supervisors and eligible youth hired by the local sponsor to conduct conservation or recreational programs. Local sponsors may fill or replace any Department approved managing supervisor or youth position during the grant program with a new or different managing supervisor or youth employee.

b) Payments will be provided to the local sponsor upon completion of a grant agreement with the Department in a lump sum determined by the Department, but not to exceed 480 hours (8 hours per day multiplied by 60 days) multiplied by the hourly rate for each approved managing supervisor and eligible youth position to be hired by the local sponsor.

c) Pursuant to this program, grant payments may only be used to pay wages for managing supervisors and eligible youth hired by local sponsors. Further, the ratio of youth employees to a managing supervisor must not be less than 10 to 1 for any local sponsor with a total number of youth employees of 10 or more. Any local sponsor program with a total number of youth employees of less than 10 must be limited to one managing supervisor.

d) Any grant funds provided to the local sponsor that are not expended on wages for managing supervisors or eligible youth shall be returned to the Department on or before October 31 of the year in which the grant agreement is executed.

e) By October 31 of the year in which the grant agreement is executed, the local sponsor shall provide the Department with a report fully documenting the wages paid to all managing supervisors and eligible youth pursuant to the program grant.

f) All financial records on approved grants must be maintained and retained, in accordance with the Grant Funds Recovery Act [30 ILCS 705] and the State Records Act [5 ILCS 160] by the local sponsor for possible State audit after final grant payment is made by the Department.

g) The local sponsor shall indemnify, protect, defend and hold harmless the Department from any and all liability, costs, damages, expenses, or claims arising under, through, or by virtue of the administration of this program.

History

• Source: Amended at 37 Ill. Reg. 18865, effective November 7, 2013

17 Ill. Adm. Code 3075.50 General Procedures for Grant Applications and Awards

a) Applications for assistance under this grant program will be due no later than 30 days after the public announcement by the Department that applications are to be accepted. Failure to submit a completed application to the Department by the specified application deadline will result in rejection of an application for that grant cycle.

b) Necessary application materials and instructions are available through the Department (see Section 3075.80). Awarding of grants will be on a competitive basis and will be made under authority of the Director of the Department of Natural Resources.

c) Grant applicants are required to use the Department's Grant Application Form and will consist of the following basic components, at a minimum:

1. applicant's name, address and telephone number;

2. the name, address and telephone number of an individual representative of the applicant who is personally responsible for the grant administration by the applicant, including compliance with the requirements of this Part and the terms of the grant agreement;

3. a detailed description of the proposed conservation or recreational program and the role of eligible youth in the program, including the number of youth and managing supervisor positions requested;

4. program location;

5. a statement of the need for the program in the local community;

6. a description of the local resources available to successfully operate the recreational program, including but not limited to facilities, materials and management; and

7. information on youth employment levels in the local community.

History

• Source: Amended at 37 Ill. Reg. 18865, effective November 7, 2013

17 Ill. Adm. Code 3075.60 Project Evaluation Priorities

Application for grants will be evaluated on the basis of conservation or recreational program content, location, need, minority percentage of population served, Equalized Assessed Valuation amount for property values in the local applicant's service area, local commitment of resources, acres managed by applicant and consistency with the youth employment purpose of the Act.

History

• Source: Amended at 37 Ill. Reg. 18865, effective November 7, 2013

17 Ill. Adm. Code 3075.70 Employment Criteria

a) The local sponsor shall make public notification of the availability of jobs for managing supervisors and eligible youth in the Illinois Youth Recreation Corps by the means of newspapers, electronic media, educational facilities, units of local government and Department of Employment Security offices.

b) Employment applications shall be submitted directly to the local sponsor. The local sponsor shall make all employment decisions.

c) Employment is limited to:

1. citizens of the State of Illinois;

2. youth who, at the time of enrollment, are 14 through 18 years of age;

3. youth who have skills that can be utilized in the summer conservation or recreational program;

4. managing supervisors, who shall be 19 years of age or older;

5. managing supervisors who have skills that can be utilized in supervising the activities of the youth employees working on the conservation or recreational program;

6. the length of the program specified each year by the Department, but in no case more than 60 working days occurring during the months of June, July and August;

7. youth who are not currently employed by the local sponsor; and

8. the total number of approved managing supervisor and youth positions at all times.

d) Managing supervisors and youth hired by the local sponsor shall be paid the hourly rate as defined in Section 3075.10.

e) Pursuant to this program, the local sponsor is responsible for any and all legal requirements pertaining to the employment of managing supervisors and eligible youth. This specifically includes, but is not limited to, employer's share of any taxes arising from the employment of managing supervisors and eligible youth.

f) Managing supervisor and youth hired by the local sponsor pursuant to this program are not classified as employees of the State or the local sponsor for purposes of contributions to the State Employees' Retirement System or any other public employee retirement system.

g) Local sponsors must hire all managing supervisors and youth as employees. Managing supervisors and youth cannot be hired as independent contractors.

h) Local sponsors must pay all managing supervisors and youth employees through a payroll system that produces documentation showing all such payments. Cash payments do not meet this requirement for documentation.

i) Local sponsors are responsible for complying with the terms and conditions of the Illinois Child Labor Law [820 ILCS 205]. The local sponsor should contact the Illinois Department of Labor if it has any questions about compliance with this law.

History

• Source: Amended at 37 Ill. Reg. 18865, effective November 7, 2013

17 Ill. Adm. Code 3075.80 Program Information/Contact

For information on the Illinois Youth Recreation Corps Grant Program, contact:

Illinois Department of Natural Resources

Division of Grant Administration

One Natural Resources Way

Springfield IL 62702-1271

Telephone: 217/782-7481

FAX: 217/782-9599

www.dnr.illinois.gov

Part 3080 Illinois Veteran Recreation Corps Grant Program

17 Ill. Adm. Code 3080.10 Definitions

Department – The Department of Natural Resources.

Hourly Rate –

The rate of payment to veteran employees hired under a grant issued under this Part shall not be lower than the current minimum wage rate established by the Minimum Wage Law [820 ILCS 105].

The rate of payment to managing supervisors shall not be lower than the current minimum wage rate established by the Minimum Wage Law plus $2.00 per hour.

The hourly rates established in this definition may be adjusted higher, as determined by the Department, if funds are available. Any adjustment beyond the minimum wage rate shall be identified by the Department in the grant application and grant agreement.

Local Sponsor – Any unit of local government or not-for-profit entity that can make available for a conservation or recreational program park lands, conservation or recreational lands or facilities, equipment, materials, administration, supervisory personnel, etc.

Managing Supervisor – An enrollee in the Illinois Veteran Recreation Corps who is selected by the local sponsor to supervise the activities of the veteran employee enrollees working on the conservation or recreational program. Managing supervisors are required to be veterans.

Not-for-Profit Entities – Entities eligible for participation in this grant program must be recognized and/or incorporated in Illinois as not-for-profit under the provisions of the General Not For Profit Corporation Act of 1986 [805 ILCS 105] and must possess current status as exempt from taxation under section 501(c) or 501(d) of the United States Internal Revenue Code (26 USC 501). Not-for-profit entities without current tax-exempt status are not eligible.

Term of the Grant Program − The 6 month period identified by the local sponsor in his/her grant application as the period of time in which veterans may be employed by the local sponsor under this grant program. The term of the grant program does not have to be a consecutive 6 month period, but must end no later than 12 months after the grant execution date.

Veteran – An Illinois resident who has served or is currently serving as a member of the United States Armed Forces, a member of the Illinois National Guard, or a member of a Reserve Component of the United States Armed Forces.

Wages – Only the hourly rate for personal services paid to the employed veterans (from which applicable taxes shall be withheld). "Wages" does not include the employer's contribution or portion of any tax.

17 Ill. Adm. Code 3080.20 Grant Program Objective

a) The Illinois Veteran Recreation Corps grant program provides grants to be disbursed by the Department to eligible local sponsors to provide wages to veterans working, operating and instructing in conservation or recreational programs.

b) The conservation or recreational programs shall include, but are not limited to, the coordination and teaching of natural resource conservation and management, physical activities, and learning activities directly related to natural resource conservation management or recreation.

c) Local sponsors may charge a user fee for participation in the conservation or recreational program, as long as those fees are designed to promote as much community involvement as possible.

17 Ill. Adm. Code 3080.30 Eligibility Requirements

To be eligible for this grant program, local sponsors must have the ability to provide suitable facilities, materials and management staff for conservation or recreational programs within the local community.

17 Ill. Adm. Code 3080.40 Eligible Project Costs, Payments and Compliance Requirements

a) Grant assistance is available to provide wages for managing supervisors and eligible veterans hired by the local sponsor to conduct conservation or recreational programs. Local sponsors may fill or replace any Department approved managing supervisor or veteran position during the grant program with a new or different managing supervisor or veteran employee.

b) Payments will be provided to the local sponsor upon completion of a grant agreement with the Department in a lump sum determined by the Department, but not to exceed 1040 hours (40 hours per week multiplied by 26 weeks) multiplied by the hourly rate for each approved managing supervisor and eligible veteran position to be hired by the local sponsor.

c) Pursuant to this program, grant payments may only be used to pay wages for managing supervisors and eligible veterans hired by local sponsors. Further, the ratio of veteran employees to a managing supervisor must not be less than 10 to 1 for any local sponsor with a total number of veteran employees of 10 or more. Any local sponsor program with a total number of veteran employees of less than 10 must be limited to one managing supervisor.

d) Any grant funds provided to the local sponsor that are not expended on wages for managing supervisors or eligible veterans shall be returned to the Department on or before the last day of the second month after the term of the grant program has ended. The Department will identify this date in the grant agreement with the local sponsor.

e) By the last day of the second month after the term the grant program has ended, the local sponsor shall provide the Department with a report fully documenting the wages paid to all managing supervisors and eligible veterans pursuant to the program grant. The Department will identify this date in the grant agreement with the local sponsor.

f) All financial records on approved grants must be maintained and retained in accordance with the Grant Funds Recovery Act [30 ILCS 705] and the State Records Act [5 ILCS 160] by the local sponsor for possible State audit after final grant payment is made by the Department.

g) The local sponsor shall indemnify, protect, defend and hold harmless the Department from any and all liability, costs, damages, expenses or claims arising under, through, or by virtue of the administration of this program.

17 Ill. Adm. Code 3080.50 General Procedures for Grant Applications and Awards

a) Applications for assistance under this grant program will be due no later than 30 days after the public announcement by the Department that applications are to be accepted. Failure to submit a completed application to the Department by the specified application deadline will result in rejection of an application for that grant cycle.

b) Necessary application materials and instructions are available through the Department (see Section 3080.80). Awarding of grants will be on a competitive basis and will be made under authority of the Director of the Department of Natural Resources.

c) Grant applicants are required to use the Department's Grant Application Form and will consist of the following basic components, at a minimum:

1. applicant's name, address and telephone number;

2. the name, address and telephone number of an individual representative of the applicant who is personally responsible for the grant administration by the applicant, including compliance with the requirements of this Part and the terms of the grant agreement;

3. a detailed description of the proposed conservation or recreational program and the role of eligible veterans in the program, including the number of veteran and managing supervisor positions requested;

4. program location;

5. a statement of the need for the program in the local community;

6. a description of the local resources available to successfully operate the program, including but not limited to facilities, materials and management; and

7. information on employment levels in the local community.

17 Ill. Adm. Code 3080.60 Project Evaluation Priorities

Applications for grants will be evaluated on the basis of conservation or recreational program content, location, need, minority percentage of population served, Equalized Assessed Valuation amount for property values in the local applicant's service area, local commitment of resources, acres managed by applicant and consistency with the veteran employment purpose of the Act.

17 Ill. Adm. Code 3080.70 Employment Criteria

a) The local sponsor shall make public notification of the availability of jobs for managing supervisors and eligible veterans in the Illinois Veteran Recreation Corps by means of newspapers, electronic media, educational facilities, units of local government, Illinois Department of Veterans' Affairs offices and Department of Employment Security offices.

b) Employment applications shall be submitted directly to the local sponsor. The local sponsor shall make all employment decisions.

c) Employment is limited to:

1. citizens of the State of Illinois;

2. those who, at the time of enrollment, are veterans and unemployed;

3. those who, for veteran employees, have skills that can be utilized in the summer conservation or recreational program;

4. those who, for managing supervisors, have skills that can be utilized in supervising the activities of the veteran employees working on the conservation or recreation program;

5. the length of the program specified each year by the Department, but in no case longer than 6 total months nor greater than the maximum number of hours as determined by the Department; and

6. the total number of approved managing supervisor and veterans positions at all times.

d) Managing supervisors and veterans hired by the local sponsor shall be paid the hourly rate as defined in Section 3080.10.

e) Pursuant to this program, the local sponsor is responsible for any and all legal requirements pertaining to the employment of managing supervisors and eligible veterans. This specifically includes, but is not limited to, employer's share of any taxes arising from the employment of managing supervisors and eligible veterans.

f) Managing supervisors and veterans hired by the local sponsor pursuant to this program are not classified as employees of the State or the local sponsor for purposes of contributions to the State Employees' Retirement System or any other public employee retirement system.

g) Local sponsors must hire all managing supervisors and veterans as employees. Managing supervisors and veterans cannot be hired as independent contractors.

h) Local sponsors must pay all managing supervisors and veteran employees through a payroll system that produces documentation showing all payments. Cash payments do not meet this requirement for documentation.

17 Ill. Adm. Code 3080.80 Program Information/Contact

For information on the Illinois Veteran Recreation Corps Grant Program, contact:

Illinois Department of Natural Resources

Division of Grant Administration

One Natural Resources Way

Springfield IL 62702-1271

Telephone: 217/782-7481

FAX: 217/782-9599

www.dnr.illinois.gov

Part 3085 Youth and Young Adult Conservation and Education Pilot Program

17 Ill. Adm. Code 3085.10 Definitions

"Act" means the Youth and Young Adult Conservation Education Act [525 ILCS 60].

"Department" means the Department of Natural Resources. [525 ILCS 60/10]

"Entity" means a unit of local government or a non-profit organization that is located in the State of Illinois and that provide conservation education and employment opportunities for youth and young adults of this State.

"Grant" means the allocation of money to units of local government or non-profit entities to provide conservation education and employment opportunities for youth and young adults of this State.

"Grant Agreement" means a written document executed between the grantee and the Department setting forth the terms and conditions of the grant and is in compliance with the requirements of the Grant Accountability and Transparency Act [30 ILCS 708].

"Grantee" means an entity that has been selected by the Department and awarded a grant in accordance with the Act and this Part.

"Non-Profit Organization" means an entity recognized and/or incorporated in Illinois as not-for-profit under the provisions of the General Not For Profit Corporation Act of 1986 [805 ILCS 105] and must possess current status as exempt from taxation under section 501(c) or 501(d) of the United States Internal Revenue Code.

"Program" means the Youth and Young Adult Conservation and Education Pilot Program created by the Youth and Young Adult Conservation Education Act. [525 ILCS 60/5]

17 Ill. Adm. Code 3085.20 Purpose

a) The purpose of this Part is to provide rules pertaining to the allocation of grants to units of local government or non-profit entities selected by the Department that currently provide a conservation education or conservation internship program to the youth and young adults. Such grants shall be designed to have the Department work with the grant recipient to learn about and help to create a Department run conservation education and internship program for the youth and young adults of this State. Additionally, this Part shall provide requirements for job training and employment opportunities if such programs are implemented by the Department.

b) The Department may enter into contracts, intergovernmental agreements, grants, cooperative agreements, memoranda of understanding, or other instruments as necessary to implement the Program. [525 ILCS 60/25(d)]

17 Ill. Adm. Code 3085.30 Selection of Grantees

a) The Department will award grants to entities to provide conservation education and employment opportunities for youth and young adults of this State. The Department will select grantees based on the grantee's ability to meet the goals of the Act and the criteria established in this Section, as determined by the Department.

b) To be eligible for a grant, an entity must:

1. be a unit of local government or a non-profit entity;

2. be located in the State of Illinois;

3. demonstrate a commitment to providing conservation education and employment opportunities for youth and young adults;

4. work with the Department to demonstrate and provide guidance to the Department in the creation of a Department run conservation education and internship program for the youth and young adults of this State; and

5. submit a Uniform Grant Accountability and Transparency Act application.

c) When selecting a grantee, the Department shall also consider:

1. the information and requirements that are provided on a completed Uniform Grant Accountability and Transparency Act application that has been submitted by the applicant to the Department;

2. the entity's documented commitment to addressing the barriers to employment and education for youth and young adults from disadvantaged communities as defined in 42 U.S.C. 18795(d) (January 1, 2025).

3. the entity's commitment to environmental stewardship and civic responsibility;

4. the entity's ability to enhance public lands owned, leased or managed by the Department or develop or enhance projects or initiatives undertaken in whole or part by the Department; and

5. the entity's geographic service area, so that grant funds are, to the extent possible, distributed in a manner that will impact as many regions of the State as possible.

17 Ill. Adm. Code 3085.40 Eligible Costs

a) Grant funding may be used for costs associated with providing conservation education and employment opportunities for youth and young adults of this State as set forth in the grant agreement. [525 ILCS 60/25]

b) Costs shall be evaluated and a budget must be approved by the Department before the issuance of a grant. Modifications to an approved budget may only occur after a review and written approval by the Department. Such adjustments may occur at the time grantees submit claims and during any monitoring activities. To be eligible for reimbursement, costs must meet the following criteria:

1. Be necessary and reasonable to accomplish the Program work;

2. Be in compliance with the approved uniform budget and scope of work statement in the executed grant agreement;

3. Be adequately documented; and

4. Be incurred during the approved period of performance.

17 Ill. Adm. Code 3085.50 Compliance Requirements

a) Grantees must retain all financial records associated with implementation of the Program, in accordance with the Grant Funds Recovery Act [30 ILCS 705] and the State Records Act [5 ILCS 160] for possible State audit after final grant payment is made by the Department.

b) Grantees shall comply with all Grant Accountability and Transparency Act [30 ILCS 705] and 44 Ill. Adm. Code 7000 requirements as outlined in the grant agreement.

17 Ill. Adm. Code 3085.60 Conservation Education and Employment Opportunities

a) The Program's education and employment opportunities shall be limited to citizens of this State who at the time of enrollment in the Program are 15 through 25 years of age. [525 ILCS 60/25]

b) The Conservation Education and Employment Opportunities Programs shall be for the purpose of:

1. development, enhancement, and maintenance of the natural resources of the State of Illinois, and offering related educational opportunities;

2. environmental stewardship and civic responsibility;

3. enhancement of public lands owned or leased by the Department or developing and enhancing projects or initiatives undertaken in whole or part by the Department;

4. improving the habitat of fauna and flora of the State;

5. improving water quality of the State;

6. any combination of the purposes described in this Section; or

7. any other project deemed by the Department to improve the environmental, economic, and recreational quality of the State's natural resources. [525 ILCS 602/65]

c) All projects and internships designated by the Department shall be within a reasonable commuting time for each participant. In no circumstance shall interns be required to spend more than 1½ hours of commuting time to a project or a designated area, but an intern may agree to spend more than 1½ hours of commuting time to a project or a designated area. [525 ILCS 60/25]

d) Interns shall receive at least the standard minimum wage as set by the State of Illinois, when applicable, and shall work normal working hours as determined by the Department. The interns shall not be classified as employees of the State for purposes of contributions to the State Employees' Retirement System of Illinois or any other public employment retirement system of the State. [525 ILCS 60/25(c)]

Part 3090 Recreational Trails Program

17 Ill. Adm. Code 3090.5 Definitions

"CERP" means the Comprehensive Environmental Review Process by which the Department is required, by various statutes, to determine whether a prospective project may pose possible environmental or historical/cultural resource impacts.

"Department" or "DNR" means the Illinois Department of Natural Resources.

"Fund" means the Department of Natural Resource's Park and Conservation Fund created at Section 805-420 of the Department of Natural Resources (Conservation) Act [20 ILCS 805].

"Grant Agreement" means the signed agreement, entered between the Department and the grantee under Section 3090.70, that establishes the terms of the grant award and the responsibilities the grantee assumes.

"Long-Term Lease" means a lease of at least 25 years, unless the Grant Agreement specifies another duration.

"Trail Site" means an area owned and managed by the grantee for the purposes outlined in the application and described in the Grant Agreement. This includes lands surrounding the trail, facilities (e.g., restrooms, drinking water, concession areas, rest areas, parking, access roads, etc.).

17 Ill. Adm. Code 3090.10 Program Objective

The Recreational Trails Program (RTP) is a federal-aid assistance program to help states provide and maintain recreational trails for both motorized and nonmotorized trail use. Funding assistance provided through the program is for the development of motorized and nonmotorized trails that are open to the public and for the acquisition of land, through simple title, permanent easement or long-term lease, to be used for motorized and nonmotorized trails that are open to the public.

17 Ill. Adm. Code 3090.20 Program Eligibility Requirements

Eligible grant applicants include federal, State and local government agencies, not-for-profit organizations and private operators of recreational facilities open to the public.

17 Ill. Adm. Code 3090.30 Funding Assistance Formula

The RTP provides 80% reimbursement funding assistance on approved projects. A maximum grant of $200,000 may be awarded per application for nonmotorized development projects. No maximum grant award amount is set for acquisition projects and for motorized projects. No limit is placed on the number of individual grants for which an entity can apply; however, only one grant will be awarded to any applicant during a grant cycle. Additionally, funds from other Department trails grant programs may be awarded, at the Department's discretion, to provide more than 80% funding assistance for some trail projects (e.g., motorized trails).

17 Ill. Adm. Code 3090.40 General Procedures for Grant Applications and Awards

a) Necessary application material and instructions are available on the Department's website at www.dnr.illinois.gov.

b) Grants are awarded under the authority and direction of the Director of the Department.

c) Grant applications for assistance under this program must be submitted in accordance with the Department's public announcement of the grant cycle. Failure to submit a completed application to the Department by the date specified in the announcement will result in project rejection for that grant cycle.

d) Project grant applications consist of the following basic components:

1. Completed application forms;

2. A project location map;

3. A site plat map or boundary map;

4. A proposed site/trail development plan;

5. A project narrative statement describing the project concept and location, need for and objectives of the project, anticipated benefits, proposed trail usages, and method of financing or accomplishing the project;

6. A CERP evaluation;

7. Proof of land ownership or usage rights for proposed development (construction) projects or commitment of title insurance for property planned for acquisition;

8. A document signed by the applicant verifying the applicant has the resources to initially finance and subsequently manage the project area and that the applicant will comply with program regulations and indemnify the Department from any liability relative to the project;

9. A schedule of proposed expenditures/reimbursements from anticipated start through project completion;

10. If the applicant is not a governmental agency or an individual, a copy of the applicant's organizational documents (e.g., corporation, partnership, trust or other business entity organizational documents) or, if none of these apply, the applicant's by-laws;

11. If the applicant is not a governmental agency, proof of a minimum of $1,000,000 in liability insurance for motorized trail projects;

12. The grant application fee required by 17 Ill. Adm. Code 3000.40; and

13. For all projects that will initially establish a year-round trail or path within

a linear corridor or initially open an area for motorized recreation vehicle use, documentation of the following public review:

A) If the project is sponsored by a government entity, a public hearing

must be conducted to discuss the project and solicit public comments. Minutes of the hearing, along with any written comments received, and a copy of the public notice must be submitted with the application to the Department. Notice of the public hearing must appear in at least one local newspaper of general circulation at least 7 days prior to the hearing.

B) If the project is sponsored by a non-government entity, the application must include approval (or documentation that the approval process has been initiated) from the local zoning board or boards having jurisdiction over the property. Final action by the local zoning boards must be completed within 60 days after the grant submittal deadline. If the project is located in an area with no zoning requirements, notice of project intent must be published in the local newspaper, publically posted for 30 days at the county courthouse, and publically posted for 30 days at two additional prominent public locations within the county of the project site (e.g., the municipal building or post office of a nearby community, etc.).

17 Ill. Adm. Code 3090.50 Eligible Project Costs

a) Grant assistance may be obtained for:

1. Land acquisition (fee simple title, permanent easement or long-term lease) from willing sellers for public trails/trail sites. Land acquisition costs include associated appraisal costs, site survey costs, title insurance and closing costs;

2. Trail development, including, but not limited to, site clearing and grading, surfacing, drainage, bridging, access control devices, fencing, signs and associated support facilities such as parking areas, access roads, shelters, restrooms, potable water supply, lighting and other related amenities deemed necessary. Architectural/engineering services deemed necessary for the proper design and construction of project trails/trail sites are also considered eligible development costs;

3. Restoration of areas adjacent to trails damaged by unauthorized trail uses; and

4. Others uses approved by DNR based on such considerations as benefit to the public, need and economic feasibility.

b) No grants shall be awarded to projects that, either in whole or in part, will not be open to the general public for the specified use of the proposed trail/trail site during reasonable hours and reasonable days throughout the year.

c) RTP grant assistance cannot be used for the following purposes:

1. Land acquisition through eminent domain;

2. Construction of motorized trails and areas on U.S. Forest Service lands designated as wilderness or currently not authorized for trail use by a U.S. Forest Service approved management plan; and

3. Conversion to a motorized trail of a trail that existed as a nonmotorized trail as of May 1, 1991.

17 Ill. Adm. Code 3090.60 Project Evaluation Standards

a) Application Scoring

The following criteria will be used by the Department for evaluating and ranking grant applications. Each criteria indicates the weighting that will be given to that criteria.

1. Projects of high need (20%), taking into account:

A) Trail significance − the estimated users that will be attracted to the trail/trail site; will it potentially be of interstate, State, regional or local importance;

B) Geographic distribution – will the proposed project, considering the trail type and proposed users of the trail or site, be the first in the county, area or region; and

C) Population served.

2. Project concept and quality (55%), taking into account:

A) Project type. The following will be considered in the priority listed:

i) acquisition of land for new trails/trail sites;

ii) initial development of trails/trail sites;

iii) additional development of existing trails/trail sites; and

iv) renovation of existing trails/trail facilities;

B) Trail length;

C) Proposed project cost per mile;

D) Diversity of trail use;

E) Scenic quality of the trail corridor or the trail site;

F) Availability of necessary amenities/support facilities, such as drinking water, restrooms and parking; and

G) Project sponsor maintenance capabilities and projects having the most long-term, stable management potential.

3. Environmental suitability of the proposed trail/trail site (5%).

4. Local support for the proposed project (5%).

5. Local financial contribution (5%).

6. Overall program suitability (10%).

b) Penalty Factors − Deduct up to 25%

Consideration is given to the applicant's past performance in completing Department grant projects or unresolved project violations, maintenance history of existing sites, and administrative considerations (such as application completeness and response time during the application process).

17 Ill. Adm. Code 3090.70 Program Compliance Requirements and Grant Agreement

a) Program Compliance Requirements

1. Any property acquired or developed through assistance from an RTP grant must be open to the general public during reasonable hours and reasonable days for the recreational use described in the grant application, without regard to race or color, creed, national origin, sex or disability.

2. If the land is acquired with funding assistance from the RTP:

A) the land shall be operated and maintained for the time period and for the trail purposes specified in the grant application, the Grant Agreement and 23 CFR 1.23 and 1.27 (2015), except as provided in subsection (a)(4).

B) the Department will require the grant recipient to secure and record on the deed a covenant limiting the use of the property to the uses outlined in the grant application and the Grant Agreement. The language of the covenant will be determined by the Department and provided to the grant recipient.

3. For projects receiving grant assistance for development costs only, terms of this Part and the Grant Agreement shall no longer apply after the following time periods:

Total Grant Award

Time Period After

Final Project Billing

$1 to $50,000

5 years

For every $10,000 increment over $50,000

Add 1 year

4. Any portion of the property acquired or developed with RTP grant funds may not be converted to a use other than the public recreation use stated in the grant application and the Grant Agreement without prior Department approval. Approval for property conversion will be granted only if the project sponsor:

A) substitutes replacement property of at least equal fair market value and comparable in outdoor recreation usefulness, quality and location; or

B) repays to the Department an amount equal to the original grant amount or equal to the property's fair market value at the time of noncompliance, whichever is deemed most appropriate by the Department.

5. For projects receiving acquisition assistance, the project sponsor shall submit to the Department an appraisal of the land to be used in the project. The Department will review the appraisal and, if it meets Department specifications, the Department will accept that appraisal.

6. For projects receiving development assistance, the project sponsor must possess legal control over the property by either fee simple title or by other means (easement, lease, etc.) for at least 25 years. The Department will consider, on a case-by-case basis, lease arrangements for shorter periods if State statute prohibits a unit of local government from entering into at least a 25-year agreement, or if other circumstances beyond the control of the unit of local government prohibit those arrangements. The sponsor must also adhere to applicable local bidding and procurement requirements and make available to the Department, upon request, all working plans, specifications, contract documents and cost estimates for review prior to commencing work. The format for any advertisement or prospectus soliciting and inviting bids, indicating the dates when the advertisement/prospectus will be released, must also be presented, upon request, to the Department for review prior to publication.

7. Prior to construction of RTP grant assisted facilities, the project sponsor shall obtain all necessary permits, licenses or forms of consent, as the case may be, from, but not limited to, the following agencies:

A) Illinois Department of Natural Resources, Office of Water Resources;

B) Illinois Environmental Protection Agency;

C) U.S. Army Corps of Engineers;

D) Illinois Department of Public Health (Campground Licensing and Recreational Area Act [210 ILCS 95]);

E) Illinois Department of Transportation, Division of Highways; and

F) Local building, zoning and road commissions.

8. Prior to any trail construction or trail development on sites that have been approved for RTP grant assistance, the project sponsor must comply with the consultation requirements of Section 11(b) of the Illinois Endangered Species Act [520 ILCS 10] and Section 4 of the Illinois State Agency Historic Resources Preservation Act [20 ILCS 3420].

9. The project sponsor is required to enter into a Grant Agreement with the Department.

10. Upon completion of the project that is the subject of the grant, or as otherwise specified in the Grant Agreement, the project sponsor must submit a signed project billing request (expenditure statement) listing and verifying all funds expended on the project for which grant reimbursement is sought, as well as required billing documentation if applicable, as follows:

A) Acquisition Project:

i) Proof of good faith negotiations or fair market value offer to land seller, copy of property deed, copy of title insurance policy (Judgment Order in case of condemnation) showing ownership transferred to the project sponsor, and copies of canceled checks showing proof of payment to seller; or

ii) Proof of a long-term lease between the landowner and the grantee.

B) Development Projects: Copy of construction as-built drawings (no larger than 11" x 17") and verification of actual project costs.

11. All financial records on approved projects must be maintained and retained in accordance with the Grant Funds Recovery Act [30 ILCS 705], the State Records Act [5 ILCS 160] and any other applicable State laws by the project sponsor for possible State audit after final reimbursement payment is made by the Department. Financial records on approved projects must also be maintained in accordance with federal statute and regulations (e.g., 2 CFR 200.333 (2015)), which may or may not be different from State statute and regulations.

12. The project sponsor must permanently post an RTP grant acknowledgment sign at the project site. The required wording for the RTP sign will be provided by the Department.

13. Projects assisted with RTP grant funds shall be implemented in accordance with all applicable federal, State and local laws, ordinances and regulations relating to public agency expenditure of funds for public works projects.

14. The project sponsor must observe and comply with the provisions of Section 4 of the Prevailing Wage Act [820 ILCS 130], which apply to the wages of laborers, mechanics and other workers employed in any public works, and with the prevailing wage requirements of Section 25-60 of the Illinois Procurement Code [30 ILCS 500].

15. A Department representative may make periodic inspections of the project as construction progresses. A final inspection and acceptance of the completed project may be made by a representative or agent of the Department prior to final payment of grant reimbursement to the project sponsor.

16. The project sponsor shall indemnify, protect, defend and hold harmless the Department from any and all liability, costs, damages, expenses or claims arising under, through or by virtue of the construction, operation and maintenance of RTP grant assisted facilities.

17. In connection with and prior to the construction and the subsequent operation and maintenance of RTP grant assisted facilities, the project sponsor is responsible for obtaining any and all necessary construction permits, licenses or forms of consent required by law. Failure to obtain any required permits may jeopardize grant funding.

18. The project sponsor must comply with and abide by the following operation and maintenance provisions:

A) All lands and facilities acquired, constructed or maintained with RTP grant funds shall be:

i) continuously operated and maintained by the project sponsor in a safe and attractive manner at no cost to the Department; and

ii) operated and utilized in such a manner as to maximize the intended benefits to the public.

B) The Department shall have access to RTP grant assisted facilities at all times for inspection purposes to ensure the project sponsor's continued compliance with this Part and the Grant Agreement.

C) The project sponsor may enter into a contract or agreement with responsible concessionaires to operate and/or construct facilities for dispensing food to the public and/or any other services as may be desired by the public and the project sponsor for enjoyable and convenient use of the RTP grant assisted site.

D) The possession, sale or consumption of alcoholic beverages on RTP grant assisted sites is expressly prohibited.

E) The charging of user fees for general public use of RTP grant assisted trails or facilities must be approved by the Department and reflected in the Grant Agreement.

19. Conflict of Interest

A) If the project sponsor is a local government, no official or employee of the local government who is authorized in his or her official capacity to negotiate, make, accept, approve or take part in decisions regarding a contract or subcontract in connection with an approved RTP grant project shall have any financial or other personal interest in that contract or subcontract.

B) If the project sponsor is a local government, no person performing services for that local government in connection with an approved RTP grant project shall have a financial or other personal interest other than his or her employment or retention by the local government in any contract or subcontract in connection with an approved RTP grant project. No officer or employee of a person retained by the local government shall have any financial or other personal interest in any real property acquired under an approved RTP grant project unless that interest is openly disclosed on the public records of the local government and that officer, employee or person has not participated in the acquisition for, or on behalf of, the local government.

20. The project sponsor shall certify in the Grant Agreement that it provides a drug free workplace and related employee assistance as defined and required by the Drug Free Workplace Act [30 ILCS 580/3].

21. Pursuant to Section 2-105(A)(4) of the Human Rights Act [775 ILCS 5], the project sponsor shall maintain a written sexual harassment policy that includes, at a minimum, the following information:

A) the illegality of sexual harassment;

B) the definition of sexual harassment under State law;

C) a description of sexual harassment utilizing examples;

D) the contractor's internal complaint process, including penalties;

E) the legal recourse, investigation and complaint process available through the Illinois Department of Human Rights and the Human Rights Commission and directions on how to contact both; and

F) protection against retaliation as provided by Section 6-101 of the Illinois Human Rights Act [775 ILCS 5]. A copy of the policy shall be provided to the Department of Human Rights upon request.

22. Grant Agreement Modification or Termination

A) In the event that sufficient State funds are not appropriated to meet all the obligations of the RTP, the State will unilaterally rescind Grant Agreements that cannot be funded. DNR may also terminate the grant for other reasons specified in the Grant Agreement.

B) Except as otherwise provided in subsection (a)(22)(A), after project commencement, Grant Agreements may be rescinded, modified or amended only by mutual agreement with the project sponsor. A project shall be deemed to be commenced when the project sponsor makes any expenditure or incurs any obligation with respect to the project.

23. RTP Violation

Failure by the project sponsor to comply with any of the program terms listed in this Section and the Grant Agreement shall be cause for the suspension of all grant assistance obligations under the Grant Funds Recovery Act, unless, in the judgment of the Department, the failure was due to no fault of the project sponsor (e.g., statutory changes, acts of God).

b) Grant Agreement

Every recipient of a grant under this Section must enter a Grant Agreement with the Department. The purpose of the Grant Agreement is to establish the terms of the grant award and commitments made by the grantee. It shall be signed by the grantee and the Department before any grant funds are paid. The Grant Agreement will:

1. describe the grantee;

2. describe the project for which the grant is awarded and any land to be acquired with grant funds;

3. describe the time period for which the grantee is responsible for the design and implementation of the project;

4. describe the amount agreed upon by the Department and grantee as necessary to complete the approved project, specifying the related grant reimbursement amount, and a schedule of proposed expenditures/reimbursements from anticipated start through project completion;

5. state the amount of any liability insurance to be required under Section 3090.40;

6. state any commitments made by the grantee as a condition of the grant;

7. include a statement that the grantee will comply with all requirements of the National Recreational Trails Fund Act (23 USC 206) and related rules, the Outdoor Recreation Resources Act [20 ILCS 860], this Part and the Grant Agreement;

8. specify grant payment procedures, recordkeeping and reporting requirements, and auditing requirements;

9. include a statement of intellectual property rights, including copyright, patent and any other rights;

10. include a statement of the applicability of the Grant Funds Recovery Act [30 ILCS 705];

11. indemnify the Department from any liability relative to the project;

12. include a statement that the grantee is responsible for any subcontractor's performance;

13. reference any provisions that the grantee is required to include in any publicly bid contract for project work (e.g., scale of wages, liability insurance requirements, adherence to the Employment of Illinois Workers on Public Works Act [30 ILCS 570], etc.);

14. include any other agreements between the Department and the specific grantee upon which the grant award is contingent.

17 Ill. Adm. Code 3090.80 Sale or Transfer of Grant-Funded Property

a) Real Property

1. If land purchased by grant funds is sold or transferred by operation of law, other than transfer due to the death of the grantee:

A) within 5 years after receipt of grant funds, 100% of the grant funding or 100% of the sale price, whichever is greater, must be paid back to the Fund;

B) in the 6th, 7th or 8th year after receipt of grant funds, 80% of the grant funding or 80% of the sale price, whichever is greater, must be paid back to the Fund;

C) in the 9th, 10th or 11th year after receipt of grant funds, 60% of the grant funding or 60% of the sale price, whichever is greater, must be paid back to the Fund;

D) in the 12th, 13th or 14th year after receipt of grant funds, 30% of the grant funding or 30% of the sale price, whichever is greater, must be paid back to the Fund; and

E) in the 15th year or thereafter, no reimbursement to the Fund is required.

2. In cases of catastrophic illness or injury to the grantee or principals of the grantee (e.g., spouses, children and parents) the Director may modify the repayment provisions of subsection (a)(1).

b) Personal Property

1. No personal property purchased with grant funds shall be disposed of without the Department's written consent, which will not be unreasonably withheld. Disposing of personal property without written consent shall require repayment of the grant funding used to purchase the property or the fair market value of the property, whichever is deemed most appropriate by the Department.

2. Any insurance proceeds from personal property that was purchased with grant funds and is accidentally destroyed must be used to replace the destroyed personal property, unless the Department concurs in writing that the insurance proceeds may be used for another purpose.

17 Ill. Adm. Code 3090.90 Program Information/Contact

For information on the RTP, contact:

Illinois Department of Natural Resources

Division of Grant Administration

One Natural Resources Way

Springfield IL 62702-1271

Telephone: 217/782-7481

FAX: 217/782-9599

Email: DNR.grants@illinois.gov

Subchapter h Water Resources

Part 3700 Construction in Floodways of Rivers, Lakes and Streams

17 Ill. Adm. Code 3700.10 Purpose

a) The purpose of this Part is to protect the rights, safety and welfare of private and public landowners by the regulation of floodway development. Construction activities which restrict a stream's capacity to carry flood flows may result in channel instability and increased flood damages to neighboring properties.

b) This Part applies to all rivers, lakes and streams under the Department's jurisdiction except those in the counties of Cook, Will, DuPage, Kane, Lake and McHenry for which floodway limits have been defined pursuant to 17 Ill. Adm. Code 3708.

c) Compliance with this Part does not excuse an applicant from complying with the following Department of Natural Resources, Office of Water Resources construction related rules:

1. Rules for Construction and Maintenance of Dams, 17 Ill. Adm. Code 3702. This Part is applicable statewide.

2. Regulation of Public Waters, 17 Ill. Adm. Code 3704. This Part applies to the entire State geographically but is limited to only those lakes, rivers, streams and waterways that are considered public waters.

d) Additionally, permits issued under this Part do not relieve the permittee of the responsibility of securing all other required authorizations.

17 Ill. Adm. Code 3700.20 Definitions

As used in this Part, the words and terms listed shall have the meanings ascribed to them as follows:

"Bridge or Culvert Reconstruction" − The total replacement of an existing bridge or culvert, including substructure and superstructure, on the existing road alignment or on an alignment within 100 feet upstream or downstream of the existing alignment in an urban area, or within 500 feet upstream or downstream of the existing alignment in a rural area.

"Construction" − The placement, erection or reconstruction of any building or structure, any filling or excavation, the installation of any utility, or the storage of any materials. Construction includes, but is not limited to, modifications to an existing building that would increase the building's outside dimensions, channel modifications and enclosures, roads, bridges, culverts, levees, bank protection, walls, fences, and any other man-made activity that would modify the physical features of a floodway with respect to the storage or conveyance of flood waters. Construction does not include normal maintenance and repair activities or farming operations such as discing and plowing.

"Department" − The Illinois Department of Natural Resources.

Floodplain – The land area adjacent to a stream or watercourse with ground surface elevations at or below the 1% annual chance of exceedence (100-year frequency) flood elevation.

"Floodway" The channel of a river, lake or stream and that portion of the floodplain that is needed to store and convey the 1% annual chance of exceedence flood discharge with no more than a 0.1 foot increase in stage due to the loss of flood conveyance and storage. Where floodways have been delineated for regulatory purposes, the mapped lines show the floodway encroachment limits and will be used. For other areas, the entire floodplain shall be considered to be in the floodway unless an analysis is approved by the Department demonstrating that a project site is outside of the floodway. The Department will review floodway delineation analyses provided by the applicants to verify that the resulting loss of flood conveyance and storage will result in no more than a 0.1 foot increase in stage. The Department will either approve or disapprove floodway delineation analyses and inform applicants of the reason for disapproval.

"Office of Water Resources" – The Office of Water Resources of the Illinois Department of Natural Resources.

"Permittee" − The entity issued a permit pursuant to this Part.

"Rural Areas" − All areas of the State not classified as urban areas.

"Urban Areas" − Areas of the State where residential, commercial or industrial development currently exists or, based on land use plans or controls, is expected to occur within 10 years after the application date. In determining urban areas, the Department will consider the expertise of local officials, regional and local planning commissions, city and county planners, or private development planners, as well as all available mapping. Areas with only isolated or widely scattered buildings will not be classified as urban areas.

"Worst-case Analysis" − The calculation of the maximum increases in flood heights, velocities and damages a project would cause due to conveyance and storage losses considering both the project alone and the combined effects of other existing construction and reasonably anticipated equally obstructive construction on other similarly situated properties in the locality. Flood events up to and including the flood which has a 1% annual chance of exceedence shall be used in this analysis (see Section 3700.75 for exception).

History

• Source: Amended at 38 Ill. Reg. 934, effective December 27, 2013

17 Ill. Adm. Code 3700.30 Jurisdiction

a) Construction in the floodway of any stream serving a tributary area of 640 acres or more in an urban area, or in the floodway of any stream serving a tributary area of 6,400 acres or more in a rural area, is subject to this Part and requires a permit from the Department.

b) The following activities are exempt from this Part:

1. Installation of field tile systems, tile outlet structures, and any water or sediment control construction activity in any floodway land (overbank) area which would not obstruct flood flows such as grade stabilization structures and waterways;

2. Installation of irrigation equipment in any floodway land (overbank) area;

3. Work on private lakes which would not impact the dam or traverse the lake such as the construction of boat docks, bank stabilization and maintenance dredging;

4. Removal of brush, woody vegetation, trash or other debris;

5. Routine maintenance and repair of existing structures;

6. Maintenance and repair, to preserve design capacity and function, of artificially improved stream channels, drainage ditches, levees and pumping stations;

7. Maintenance and repair of existing bridge and culvert structures, including dredging to restore the waterway opening to the original design cross section, and superstructure replacement which would not reduce the waterway opening (maintenance does not include increasing the height of an existing roadway);

8. Widening of bridge decks;

9. Culvert extensions of up to l00% of the original length, but not exceeding 40 feet in length, provided the extension involves no change in alignment or reduction in size from the existing culvert;

10. Removal of bridge and culvert structures provided no materials would be placed in a way which would obstruct normal or flood flows; and

11. Installation of fences in rural areas.

17 Ill. Adm. Code 3700.40 Permit Application

a) An applicant requesting a permit under this Part shall file with the Department an application consisting of a properly executed application form, all plans and information required to determine the effect of the construction on the carrying capacity of the stream, and the permit application fee (see Section 3700.45). All portions of the application form, including the name and address of the applicant, a description of the proposed activity, the location of the proposed activity, and the names and addresses of all adjoining property owners, shall be completed and all required attachments must be submitted before a determination of permissibility will be made. Application forms may be obtained from the Illinois Department of Natural Resources, Office of Water Resources. For projects involving floodway construction activities at more than one location, separate permit applications shall be submitted for each location.

b) Many activities permitted under this Part require review of the U.S. Army Corps of Engineers and the Illinois Environmental Protection Agency. To simplify application procedures, the Office of Water Resources utilizes a joint application form with these two agencies.

History

• Source: Amended at 38 Ill. Reg. 934, effective December 27, 2013

17 Ill. Adm. Code 3700.45 Permit Application Fee

a) If a permit is required for the activity proposed and is not already permitted by a Statewide Permit authorization (see Section 3700.80), permit applicants must pay a non-refundable permit application review fee. The fee will be determined by the Department, and the applicant shall be notified of that determination immediately after review of the application. When appropriate and when it is in the best interest of the State, the Department may enter into agreements to allow other State agencies to offset the cost of fees by providing in-kind services in lieu of cash payments. As outlined in this subsection (a), the review fee shall be calculated based on the determination of the base review fee, the application of an escalation adjustment factor, and the addition of review fees from any other applicable Parts (see subsection (a)(3)). Further processing of the application will not be initiated until the review fee is received.

1. The base review fee will be as follows:

A) $200 for previously permitted construction activities requiring new permit authorization in accordance with Section 3700.88 and not involving any changes from the previously permitted activity; or

B) $500 for construction activities that comply with the terms and conditions of a general permit (in accordance with Section 3700.85); or

C) $1000 for construction activities that the Department determines will not require review of a hydrologic and/or hydraulic analysis to demonstrate compliance with the standards listed in Sections 3700.60, 3700.70 and 3700.75; or

D) $2500 for construction activities such as levees, certain bridge/culvert crossings, and major floodway filling that the Department determines will require review of a hydrologic and/or hydraulic analysis to demonstrate compliance with the standards listed in Sections 3700.60, 3700.70 and 3700.75. The base review fee shall be increased an additional $1500 for applications requiring public notice in accordance with Section 3700.50.

2. Annual Escalation Adjustment

A) The base review fee amounts in subsection (a)(1) shall be adjusted on July 1 each year to account for inflation. The U.S. Bureau of Labor Statistics' Consumer Price Index Table for all urban consumers (CPI-U), U.S. city average, all items, base period 1982-1984 = 100 (Series ID: CUUR0000SA0) (available on the U.S. Bureau of Labor Statistics' website) shall be used to calculate the adjustment factor. The adjustment factor shall be directly proportional to the change in the CPI index since June 2013 and shall be calculated according to the following formula:

Adjustment factor

=

CPI (May of current year)

CPI (June 2013)

B) The base fee amounts in subsection (a)(1) shall be multiplied by this factor and rounded to the nearest $10 to compute the review fee for the coming fiscal year (July 1 through June 30). The review fee shall be capped at $5000. The dollar amounts that result from these calculations will be posted on the Department's website at: www.dnr.illinois.gov.

3. Review Fee for Multiple-Regulation Projects

If the construction activity being applied for also requires authorization under 17 Ill. Adm. Code 3702 and/or 3704, the review fee for each Part shall be added to calculate the total review fee. The total review fee shall be capped at $5000.

b) Submission of Fees

1. Except when possible through electronic fee submittal, the applicant shall submit the required fee amounts in the form of a check or money order made payable to the Illinois Department of Natural Resources.

2. If the review fee is not received within 90 days after the Department's notification of the amount of that fee, the application shall be deemed withdrawn. A new application and review fee will need to be submitted to restart the application process.

3. Insufficient payment or failure of a fee payment to clear the bank it is drawn against will result in the automatic withdrawal of the application.

4. All fees shall be deposited into the State Boating Act Fund (see 615 ILCS 5/35).

c) Refund of Permit Application Fees

Except for refunding of overpayments, permit application fees shall not be refunded. Application fees are tendered for consideration of the application only and do not imply any promise of permit issuance by the Department.

History

• Source: Amended at 39 Ill. Reg. 1158, effective December 31, 2014

17 Ill. Adm. Code 3700.50 Notice to Interested Parties

When necessary or helpful to obtain information required for its evaluation, the Department will issue a notice of the application to potentially impacted parties allowing a period of 21 days for comment. This notice procedure will generally be limited to major projects such as levees and channel modifications.

17 Ill. Adm. Code 3700.60 Departmental Standards

a) Except as provided in Section 3700.70, construction that would result in an obstruction to flood flows or a reduction in flood storage capacity in a delineated floodway will not be permitted unless the application shows the criteria of subsection (b) are met.

b) Permits will be granted for construction that would not singularly or cumulatively result in flood damages or potential flood damages outside the project right-of-way due to increases in flood heights or velocities. Absent contrary evidence, this standard will be considered met if, for the worst-case analysis (see Section 3700.20):

1. the application shows that:

A) any water surface profile increase would be contained within the channel banks (or within existing vertical extensions of the channel banks such as within the design protection grade of existing levees or floodwalls) or flood easements; or

B) in urban areas, the water surface profile increase would not exceed 0.1 foot; or

C) in rural areas, the water surface profile increase would not exceed 0.5 feet; and

2. the application shows that:

A) any increase in average channel velocity would not be beyond the scour velocity of the predominant soil type of the channel; or

B) increased scour, erosion and sedimentation would be prevented by the use of riprap or other design measures.

History

• Source: Amended at 38 Ill. Reg. 934, effective December 27, 2013

17 Ill. Adm. Code 3700.70 Special Provisions for Bridges and Culverts

a) General Standards for New Bridges and Culverts

Permits will be granted for new bridges and culverts that would not result in flood damages or potential flood damages outside the project right-of-way due to increases in flood heights or velocities. Absent contrary evidence, this standard will be considered met if, for the worst-case analysis (see Section 3700.20):

1. the application shows that:

A) any water surface profile increase would be contained within the channel banks (or within existing vertical extensions of the channel banks such as within the design protection grade of existing levees or floodwalls) or flood easements; or

B) in urban areas, the water surface profile increase would not exceed 0.5 feet at the structure, nor 0.1 foot at a point 1000 feet upstream of the structure as determined by the horizontal projection of the increase and the slope of the hydraulic grade line; or

C) in rural areas, the water surface profile increase would not exceed 1.0 foot at the structure, nor 0.5 feet at a point 1000 feet upstream of the structure as determined by the horizontal projection of the increase and the slope of the hydraulic grade line; and

2. the application shows that:

A) any increase in average channel velocity would not be beyond the scour velocity of the predominant soil type of the channel; or

B) increased scour, erosion and sedimentation would be prevented by the use of riprap or other design measures.

b) General Standards for Bridge and Culvert Reconstruction

A bridge or culvert reconstruction project that would meet the following provisions will be permissible. A reconstruction project that would not meet these provisions must either comply with the general standards for new bridges and culverts or be designed to reduce the induced flood damages to the fullest practicable extent.

1. The reconstruction (including approach roads) shall be no more restrictive to normal and flood flows than the existing bridge or culvert crossing; and

2. Documentation must be provided that the existing crossing has not caused demonstrable flood damage. In the case of public projects, certification by a District Engineer of the Department of Transportation's Division of Highways, a County Engineer (if a Professional Engineer), or a Municipal Engineer (if a Professional Engineer) that the existing crossing has not caused demonstrable flood damage will be adequate documentation.

History

• Source: Amended at 38 Ill. Reg. 934, effective December 27, 2013

17 Ill. Adm. Code 3700.75 Special Provisions for Levees and Floodwalls

The flood discharge that would just overtop a levee or floodwall shall be used for the worst-case analysis (see Section 3700.20).

History

• Source: Amended at 38 Ill. Reg. 934, effective December 27, 2013

17 Ill. Adm. Code 3700.80 Statewide Permits

The Department may, by issuance of a statewide permit, grant approval for specific types of activities that meet the standards defined in Section 3700.60 or 3700.70. Subsequent to the issuance of a statewide permit, no application or further authorization will be required by the Department for activities meeting the terms and conditions of the statewide permit. Statewide permits will be issued only after notice and opportunity for public review and comment.

History

• Source: Amended at 38 Ill. Reg. 934, effective December 27, 2013

17 Ill. Adm. Code 3700.85 General Permits

The Department may, for the purpose of providing more expeditious processing of permit applications, issue general permits pertaining to specific types of activities, such as boat launching facilities, meeting conditions necessary to assure compliance with the purpose and intent of this Part. General permits may be applicable on a statewide basis or may be restricted to specified rivers, lakes and streams, or reaches of rivers and streams. Subsequent to the issuance of a general permit, individual applications must still be submitted but authorizations will be granted for activities meeting all of the terms and conditions of the general permit without notice or interagency coordination. General permits will be issued only after notice and opportunity for public review and comment.

History

• Source: Added at 38 Ill. Reg. 934, effective December 27, 2013

17 Ill. Adm. Code 3700.88 Permits Not Transferable

Permits issued pursuant to this Part are not transferable. If the property rights for the grounds on which the project will be located are transferred before the authorized construction is completed, the new entity must apply for a permit under its name. The application for permit may incorporate by reference all information from the previous permit that is determined by the Department to be pertinent to the new application.

History

• Source: Added at 38 Ill. Reg. 934, effective December 27, 2013

17 Ill. Adm. Code 3700.90 Denial of Applications

Applications not meeting the requirements of this Part will be denied. If an application for permit is denied, the Department will submit a letter, based on the administrative record, to the applicant explaining the reason(s) for denial. The application may be resubmitted for consideration if it can be modified to meet the Department's objections as specified in the letter of denial.

17 Ill. Adm. Code 3700.100 Violations and Enforcement

a) When the Department becomes aware of an unauthorized activity or permit violation, it will conduct an investigation to determine the facts regarding the activity or violation and will advise the responsible party what actions are required to comply with State statutes and this Part. When the responsible party fails to perform the specified actions, enforcement will be sought as determined by the Department to be necessary and appropriate.

b) Investigations may be initiated by the Department on its own or in response to complaints involving activities undertaken without a permit, or activities not in compliance with the terms and conditions of a permit. Complaints shall be in writing and shall contain the name, address and telephone number of the party believed to be responsible, the nature of the alleged violation, the location of the activity and the name of the body of water affected.

17 Ill. Adm. Code 3700.110 Final Administrative Decision

The approval or denial of applications for permit under this Part shall be considered final administrative decisions and are subject to judicial review in accordance with Article III of the Code of Civil Procedure (Administrative Review Law) [735 ILCS 5/Art. III].

Part 3702 Construction and Maintenance of Dams

17 Ill. Adm. Code 3702.10 Purpose

a) The purpose of this Part is to provide information on the procedures that the Illinois Department of Natural Resources (Department), Office of Water Resources (OWR) will follow in its dam safety inspection and regulation program. This Part covers permit and other procedures for construction and maintenance of new dams and for necessary modification and maintenance of existing dams.

b) The establishment of rigid criteria or rigid standards for new and existing dams is not intended. This Part sets forth minimum standards which are consistent with current engineering practices. Variations from these standards may be necessary because of specific conditions at individual dams.

c) Adherence to this Part does not guarantee the safety of a dam or relieve the owner of liability in case of a dam failure. The OWR does not undertake to insure or certify the adequacy of any dam structure or appurtenance.

History

• Source: Amended at 11 Ill. Reg. 1941, effective January 13, 1987

17 Ill. Adm. Code 3702.20 Definitions

"As-Built Plans" A set of plans marked to show all deviations from the permitted construction plans.

"Construct" To erect, build, emplace, or remove a structure capable of storing or diverting water.

"Corps Guidelines" The U.S. Army Corps of Engineers' "Recommended Guidelines for Safety Inspection of Dams" which is Appendix D of ER 1110-2-106, National Program for Inspection of Non-Federal Dams, 33 CFR 222, as of July 1, 1983, not including any later amendments or editions.

"Dam" All obstructions, walls, embankments, or barriers, together with their abutments and appurtenant works, if any, constructed for the purpose of storing or diverting water or creating a pool. Not included are underground or elevated tanks to store water.

"Dam Abutment" The intersection of the left or right side of the dam embankment with natural ground surface.

"Dam Height" Height of the dam in feet as measured from the natural bed of the stream or water course at the downstream dam slope toe of the barrier to the top of the embankment or barrier.

"Department" The Illinois Department of Natural Resources.

"Director" The Director of the Illinois Department of Natural Resources or his/her designated representative.

"Drawdown" The magnitude of the change in surface elevation of a lake or body of water as a result of the withdrawal of water therefrom.

"Engineer" A structural and/or professional engineer registered in the State of Illinois, under the Professional Engineering Practice Act [225 ILCS 325] and the Structural Engineers Act [225 ILCS 340], with expertise in the investigation, design, construction, and operation of dams.

"Flood Plain" The land adjacent to a body of water which has been or may hereafter be covered by flood water.

"Freeboard" The difference in elevation between the top of dam and the maximum water surface that would be attained during the passage of the selected flood occurrence.

"Impounding Capacity" The total volume of water, expressed in acre-feet, that is stored in the reservoir above the natural bed of the stream or watercourse when the water surface is at the top of the embankment or barrier.

"In Conformance With All Applicable Standards Existing At The Time Of Its Construction" Built in accordance with an Illinois Department of Natural Resources, Office of Water Resources (or its predecessors) permit or having written verification from the Department of a permit not being required.

"In Good Repair" Maintained so as to be in sound condition, free from defect or damage which may hinder the structure's functions as designed.

"Major Modification" Major structural and/or hydraulic modification which involves extensive reconstruction of a dam and/or its appurtenances.

"Normal Pool" The water surface elevation corresponding to the elevation of the principal spillway crest in the case of an ungated spillway, or the top of the spillway gates in a closed position in the case of a gated principal spillway. A dam may have more than one normal pool if operating procedures require varying water surface elevations.

"OWR" The Illinois Department of Natural Resources, Office of Water Resources.

"PMF" The probable maximum flood. The flood that may be expected from the most severe combination of critical meteorologic and hydrologic conditions that are reasonbly possible in a region.

"Qualified Personnel" Federal or State personnel having the same experience as an engineer.

"Rural Areas" Areas of the State not classified as Urban Areas.

"Selected Flood Occurrence" That flood occurrence which corresponds to the recommended total spillway design flood for the particular classification of dam as defined in this Part.

"This Part" The Illinois Department of Natural Resource's Rules for "Construction and Maintenance of Dams" (17 Ill. Adm. Code 3702).

"Urban Areas" Areas of the State where residential, commercial or industrial development currently exists or, based upon adopted or proposed land use plans or controls, is expected to occur within ten years of the application date. In determining urban areas, the expertise of local officials, regional or local planning commissions, city and county planners, and private development planners, as well as all available mapping may be utilized. Areas with isolated or widely scattered buildings will generally not be classified urban areas.

"Urban Development" The residential, commercial or industrial use of flood plain areas, immediately upstream and downstream of a dam, excluding isolated farm buildings.

"Watershed" Total land area above a given point (e.g. a dam) on a stream or waterway that contributes runoff to that point.

"Wave Generation Height" The vertical distance between a crest and the preceding trough of a wave caused by wind blowing over a water surface or caused by mechanical methods such as waves generated by motor boats.

History

• Source: Amended at 11 Ill. Reg. 1941, effective January 13, 1987

17 Ill. Adm. Code 3702.30 Applicability

a) Classification

1. Dams will be categorized in one of three classes, according to the degree of threat to life and property in the event of a dam failure. The three classes of dams are:

A) Class I − Dams located where failure has a high probability for causing loss of life or substantial economic loss in excess of that which would naturally occur downstream of the dam if the dam had not failed. A dam has a high probability for causing loss of life or substantial economic loss if it is located where its failure may cause additional damage to such structures as a home, a hospital, a nursing home, a highly traveled roadway, a shopping center, or similar type facilities where people are normally present downstream of the dam. This is similar to U.S. Army Corps of Engineers HIGH HAZARD POTENTIAL category as defined in the Corps Guidelines, and the U.S. Soil Conservation Service Class (c) dams as defined in Soil Conservation Service Technical Release No. 60.

B) Class II – Dams located where failure has a moderate probability for causing loss of life or may cause substantial economic loss in excess of that which would naturally occur downstream of the dam if the dam had not failed. A dam has a moderate probability for causing loss of life or substantial economic loss if it is located where its failure may cause additional damage to such structures as a water treatment facility, a sewage treatment facility, a power substation, a city park, a U.S. Route or Illinois Route highway, a railroad or similar type facilities where people are downstream of the dam for only a portion of the day or on a more sporadic basis. This is similar to U.S. Army Corps of Engineers SIGNIFICANT HAZARD POTENTIAL category and the U.S. Soil Conservation Service Class (b) dams.

C) Class III – Dams located where failure has low probability for causing loss of life, where there are no permanent structures for human habitation, or minimal economic loss in excess of that which would naturally occur downstream of the dam if the dam had not failed. A dam has a low probability for causing loss of life or minimal economic loss if it is located where its failure may cause additional damage to agricultural fields, timber areas, township roads or similar type areas where people seldom are present and where there are few structures. This corresponds to U.S. Army Corps of Engineers LOW HAZARD POTENTIAL category and U.S. Soil Conservation Service Class (a) dams.

2. Dams will be categorized in one of three size classifications. The size classifications shall be based on dam height and impounding capacity. If either the height or impounding capacity meets the minimum requirement for the larger size, the dam will be classified in the larger size category.

CLASSIFICATION

IMPOUNDING CAPACITY

ACRE-FEET

DAM HEIGHT FEET

Small

< 1,000

< 40

Intermediate

1,000 to

< 50,000

40 to < 100

Large

50,000

100

b) New Dams

1. Class I and II Dams

The owner of a proposed Class I or II dam shall obtain an OWR permit prior to the start of construction. The owner must do all construction and maintenance of the dam in accordance with this Part, as it applies to Class I or II dams.

2. Class III Dams

A) The owner of a proposed Class III dam shall obtain an OWR permit prior to the start of construction if the dam meets any of the following criteria:

i) the drainage area of the proposed dam is 6400 acres or more in a rural area or 640 acres or more in an urban area; or

ii) the dam is 25 feet or more in height, provided that the impounding capacity is greater than 15 acre-feet; or

iii) the dam has an impounding capacity of 50 acre-feet or more, provided that the dam height is greater than 6 feet.

B) If a permit is required for the Class III dam under any of these criteria, then the owner must do all construction and maintenance of the dam in accordance with this Part, as it applies to Class III dams.

c) Existing Dams

The owner of a dam that was permitted and built in compliance with an OWR permit before September 2, 1980 and that is currently in good repair shall not be required, except in compliance with Section 3702.150 or 3702.190, to make changes in the design, structure or construction of the dam. The owner of a dam that was permitted and built before September 2, 1980, but is not in accordance with the OWR permit or is not in good repair, shall be required to meet all current standards for existing dams. The owner of a dam built after September 2, 1980 shall be required to meet all standards for proposed dams existing at the time of its construction. Operation, maintenance, inspection and financial responsibility standards must be complied with at all dams.

1. Class I and II Dams

A) OWR has developed an inventory of dams in Illinois. OWR and federal agencies have conducted and are conducting inspections of existing dams having a potential for loss of life or property damage in case of a dam failure. As inspection reports are completed, OWR will furnish in writing to the owner of the dam a detailed and specific list of defects discovered in the course of the inspection of the dam, including the specific nature of any inadequacies of the capacity of the spillway system and any indications of seepage, erosion or other evidence of structural deficiency in the dam or spillway, together with a statement of the applicable standards of this Part that, if complied with by the owner of the dam, will put the dam into compliance with this Part.

B) If an inspection by OWR, or in which OWR concurs, finds that a dam is in an unsafe condition, OWR will notify the appropriate officials of the affected city or county, the State's Attorney of the county in which the dam is located, and the Illinois Emergency Management Agency (IEMA), and will assist IEMA in any emergency actions deemed necessary by IEMA.

C) OWR will notify the owner of an inspected dam if the owner must obtain a permit or amendment to an existing permit for the dam. Separate permit applications are required for each dam.

D) If an existing Class I or II dam has been inspected and found to have serious deficiencies requiring major modifications, within 90 days after receipt of notice from OWR that a permit or amendment to an existing permit is required under this Part, the owner of the dam must provide written assurance to OWR of the following: the owner's intention to rectify the deficiencies noted, the date the owner will submit a completed permit application, the time frame for initiating and completing the appropriate remedial measures, and the methods and designs to be used for the remedial measures.

E) If an existing Class I or II dam has been inspected and found to have no serious deficiencies requiring major modifications, OWR will notify the owner of the dam that it must submit, within 90 days, a permit application including the following, if the following has not been previously provided to OWR:

i) an Operating Plan (Section 3702.40(b)(4));

ii) a Maintenance Plan (Section 3702.40(b)(5));

iii) a Financial Responsibility Statement (Section 3702.40(b)(6)); and

iv) a Right of Access Statement (Section 3702.40(b)(7)(A)).

F) An owner initiating major modifications to an existing Class I or Class II dam must obtain a new permit or amendment to an existing permit prior to the initiation of the modifications.

2. Class III Dams

A) Using the inventory of dams or other similar information, OWR, over a period of time, upon receipt of a complaint or upon its own investigation, may contact owners of those existing Class III dams that:

i) have a drainage area of 6400 acres or more in a rural area or 640 acres or more in an urban area; or

ii) are 25 feet or more in height, provided that the impounding capacity is greater than 15 acre-feet; or

iii) have an impounding capacity of 50 acre-feet or more, provided that the dam height is greater than 6 feet.

B) OWR will inform the owners of the dams that they must submit to OWR a maintenance program and a statement indicating actions to be taken to remedy the noted deficiencies.

C) If an inspection by OWR, or in which OWR concurs, finds that a dam is in an unsafe condition, OWR will notify the appropriate officials of the affected city or county, the State's Attorney of the county in which the dam is located, and IEMA.

D) Owners of existing Class III dams in locations where there is potential for downstream urban development, which could cause a change in dam classification in the foreseeable future, when so notified by OWR, shall be required to report annually the existing land uses downstream of the dam. Extent of downstream land use to be reported is dependent upon factors such as slope and width of flood plain and density and intensity of downstream development. Extent downstream will not exceed 2 miles unless otherwise indicated by OWR. The owner may provide information indicating that an extent downstream shorter than 2 miles is appropriate. The width of flood plain shall be the width of the area inundated by the 100-year flood.

E) Owners of Class III dams desiring to make major modifications to their dams shall obtain an OWR permit or an amendment to an existing OWR permit for the work prior to the initiation of the modifications.

d) Designation by OWR of Dam Classification

Before assigning or changing the dam classification for a new or existing dam, OWR shall give notice and opportunity for hearing pursuant to Section 3702.170 to the applicant or existing dam owner and other interested persons of that action.

1. Initial Assignment of Dam Classification

A) New Dams

The classification of new dams will be based upon information available to OWR. This information includes, but is not limited to, USGS quadrangle maps of the downstream area, the preliminary report and support data from the owner's engineer, known elevations of structures downstream of the proposed dam, information from the public, and previous study data. This information is available from OWR data and data supplied by the owner's engineer, the public and federal or State agencies. The owner of the proposed dam shall submit information to establish the degree of threat to life and property damage in the event of a dam failure.

B) Existing Dams

i) The classification of existing dams that have been inspected by the U.S. Army Corps of Engineers, other federal agencies, or OWR will be based upon that agency's inspection report.

ii) The classification of existing dams that have not been inspected by a federal agency or OWR but that have had major modifications proposed by the dam owner will be processed as new dams in accordance with subsection (d)(1)(A).

2. Change in Dam Classification

Upon receipt and verification of information indicating that significant change in the degree of threat to life or property from a dam failure has occurred since the dam's original classification, the classification of that dam shall be changed to reflect the new hazard potential. Upon reclassification, the dam owner shall be subject to the applicable dam safety requirements for the current classification (subsection (c)).

e) Removal of Dams

The owner of a Class I, II or III dam who wishes to remove a dam shall obtain, prior to the initiation of the dam removal, an OWR permit to remove the dam in accordance with Section 3702.50 governing the removal of dams.

History

• Source: Amended at 38 Ill. Reg. 949, effective December 27, 2013

17 Ill. Adm. Code 3702.35 Permit Application Fee

a) If a permit is required for the activity, permit applicants must pay a non-refundable permit application review fee. The fee will be determined by the Department, and the applicant shall be notified of that determination immediately after review of the application. When appropriate and when it is in the best interest of the State, the Department may enter into agreements to allow other State agencies to offset the cost of fees by providing in-kind services in lieu of cash payments. As outlined in this subsection (a), the review fee shall be calculated based on the determination of the base review fee, the application of an escalation adjustment factor, and the addition of the review fees from any other applicable Parts (see subsection (a)(3)). Further processing of the application will not be initiated until the review fee is received.

1. The base review fee shall be as follows:

Construction of New Dam

Class I & II $5000

Class III $4500

Major Modification of Existing Dam

Class I & II $3500

Class III $2500

Operating Authorization for Existing Dam

(as required under Sections 3702.30(c)(1)(E)

and 3702.100)

All classifications $1500

Removal of Dam

All classifications $2500

2. Annual Escalation Adjustment

A) The base review fee amounts in subsection (a)(1) shall be adjusted on July 1 each year to account for inflation. The U.S. Bureau of Labor Statistics' Consumer Price Index Table for all urban consumers (CPI-U), U.S. city average, all items, base period 1982-1984 = 100 (Series ID: CUUR0000SA0) (available on the U.S. Bureau of Labor Statistics' website) shall be used to calculate the adjustment factor. The adjustment factor shall be directly proportional to the change in the CPI since June 2013 and shall be calculated according to the following formula:

Adjustment factor

=

CPI (May of current year)

CPI (June 2013)

B) The base fee amounts in subsection (a)(1) shall be multiplied by this factor and rounded to the nearest $10 to compute the review fee for the coming fiscal year (July 1 through June 30). The review shall be capped at $5000. The dollar amounts that result from these calculations will be posted on the Department's website at www.dnr.illinois.gov.

3. Review Fee for Multiple-Regulation Projects

If the construction activity being applied for also requires authorization under 17 Ill. Adm. Code 3700, 3704 and/or 3708, the review fee for each Part shall be added to calculate the total review fee. The total review fee shall be capped at $5000.

b) Submission of Fees

1. Except when possible through electronic fee submittal, the applicant shall submit the required fee amount in the form of a check or money order made payable to the Illinois Department of Natural Resources.

2. If the review fee is not received within 90 days after the Department's notification of the amount of that fee, the application shall be deemed withdrawn. A new application and review fee will need to be submitted to restart the application process.

3. Insufficient payment or failure of a permit application fee payment to clear the bank it is drawn against will result in the automatic withdrawal of the application.

4. All fees shall be deposited into the State Boating Act Fund (see 615 ILCS 5/35).

c) Refund of Permit Application Fees

Except for refunding of overpayments, permit application fees shall not be refunded. Application fees are tendered for consideration of the application only and do not imply any promise of permit issuance by the Department.

History

• Source: Amended at 39 Ill. Reg. 1164, effective December 31, 2014

17 Ill. Adm. Code 3702.40 Requirements for Approval of Permits for Construction of New Dams and Major Modifications of Existing Dams

a) The following are OWR requirements which must be met in order to obtain a permit for construction of a new dam or major modification of an existing dam. Applicants are encouraged to submit to OWR a preliminary report for approval of concept prior to completion of the permit application form. The preliminary and all subsequent plans and reports shall be prepared under the direction of an engineer or other qualified personnel. The engineer or qualified personnel may be assisted by other professional personnel applying the disciplines of hydrologic engineering, hydraulic engineering, soil mechanics, structural engineering, or engineering geology.

b) OWR staff will be available for consultation prior to initiation of design studies, and at any time during the development of the permit application if questions should arise.

1. Structural and Geotechnical Design Requirements

The basis for OWR review and approval of the structural and geotechnical design requirements of Class I, II and III dams is the Corps Guidelines subject to modification as indicated in this Part. The criteria for structural and geotechnical design contained in the Corps Guidelines are minimum criteria. Variations from the criteria may be required or allowed by OWR for special physical conditions at the proposed site as necessary or appropriate to meet the interest of the overall structural and geotechnical requirements of this Part. Technical publications, other than the Corps Guidelines, may be used by OWR to assure the use of current and applicable data for the structural and geotechnical review of the dam design.

2. Hydrologic and Hydraulic Design Requirements

The basis for OWR review and approval of the hydrologic and hydraulic design requirements for Class I, II and III dams is the Corps Guidelines, subject to modifications as indicted herein. Technical publications other than the Corps Guidelines may be used to assure the use of current and applicable data for the hydrologic and hydraulic review of dam design.

A) Proposed Dams

The following minimum spillway design floods shall be used for proposed structures:

i) Principal Spillway Design Flood

CLASSIFICATION

SIZE

PRINCIPAL SPILLWAY DESIGN FLOOD

Class I

All

100-yr.

Class II

All

50-yr.

Class III

All

25-yr.

ii) Total Spillway Design Flood

CLASSIFICATION

SIZE

PRINCIPAL SPILLWAY DESIGN FLOOD

Class I

Small

0.5 PMF

Intermediate

1.0 PMF

Large

1.0 PMF

Class II

Small

100-yr.

Intermediate

0.5 PMF

Large

1.0 PMF

Class III

Small

100-yr.*

Intermediate

100-yr.

Large

0.5 PMF

*For proposed Class III dams where the dam height multiplied by the impounding capacity is less than or equal to 300, no specific total spillway capacity is required.

iii) For all proposed Class II or III dams, a determination of alternatives for increasing the total spillway capacity to accommodate the PMF shall also be submitted to OWR. The initial dam design shall provide for the capability of increasing the spillway capacity. Future downstream land use, land use controls, and growth projections will be considered in the review of the spillway capacity design.

B) Existing Dams

The minimum spillway design flood for modifications to existing dams built after September 2, 1980 shall be the same as the criteria for proposed dams. The minimum spillway design flood for modifications to existing dams that were constructed and in service on or before September 2, 1980, are as follows:

i) Principal Spillway Design Flood

CLASSIFICATION

SIZE

TOTAL SPILLWAY DESIGN FLOOD

Class I

All

100-yr.

Class II

All

50-yr.

Class III

All

No specific requirement.

ii) Total Spillway Design Flood

CLASSIFICATION

SIZE

TOTAL SPILLWAY DESIGN FLOOD

Class I

Small

0.3 PMF

Intermediate

0.6 PMF

Large

0.6 PMF

Class II

Small

100-yr.

Intermediate

0.3 PMF

Large

0.6 PMF

Class III

Small

100-yr.*

Intermediate

100-yr.

Large

0.3 PMF

*For modifications to existing Class III dams where the height multiplied by impounding capacity is less than or equal to 300, no specific total spillway capacity is required.

iii) The Department may approve total spillway design capacities for existing dams other than the spillway design floods listed above. A total spillway design capacity less than the 100-yr. flood will only be allowed for small size, Class III structures with dam height multiplied by impounding capacity less than or equal to 300. Any submittal for variation from the above-listed spillway design flood must include a detailed hydraulic risk assessment that shows that additional spillway capacity will not provide a decrease in potential loss of life or property damage or a detailed economic risk assessment that shows that the chosen spillway design alternative provides the minimum rehabilitation costs plus damage losses; a detailed early warning and emergency evacuation plan coordinated with the local ESDA; and a list (with mailing addresses) of all persons living within the dam breach wave inundation area.

iv) All hearings regarding variation from the above-listed spillway design criteria shall be in accordance with Section 3702.170 of this Part.

C) For Class I and II dams, a dam breach wave analysis for downstream impacts from failure during the total spillway design flood and impoundment initially at normal pool shall be required for:

i) a nearly instantaneous total failure and

ii) should the applicant so desire, a failure to the degree and timing believed reasonable by the applicant.

D) Dewatering Capabilities

i) All new Class I and II dams, all new Class III dams unless exempted by OWR for functional reasons, and existing Class I and II dams requiring major modifications shall have a capability for dewatering the reservoir within a reasonable period of time. In determining a reasonable time period, OWR shall consider the damage potential posed by possible failure, risk and nature of potential failure, purpose of the dam and reservoir, capability and stability of available drainage courses to convey the waters released in the event of an emergency dewatering, and influence of rapid drawdown on stability of the dam. Although each permit must be considered based on its individual circumstances, in general, a reasonable time to dewater 50% of the normal pool storage volume is 7 days for Class I dams, 14 days for Class II dams and 30 days for Class III dams.

ii) No dewatering capability shall be required for any existing Class III dam or for any existing Class I or II dam which OWR determines to require no major modifications thereto under this Part.

E) Specific requirements for minimum freeboard allowances are not appropriate because of the many factors involved in such determinations. The applicant must assess the factors affecting the individual project and develop the appropriate minimum freeboard allowance. Many projects are reasonably safe without freeboard allowance because they are designed for overtopping, or because other factors minimize possible overtopping. Conversely, freeboard allowances of several feet may be necessary to provide a safe condition for some dams. Factors that should be considered include the duration of high water levels in the reservoir during the design flood; the effective wind fetch and reservoir depth available to support wave generation; the probability of high wind speed occurring from a critical direction; the potential wave runup on the dam based on roughness and slope; and the ability of the dam to resist erosion from overtopping waves.

F) The applicant must provide stilling basins or other appropriate structures or devices capable of dissipating the energy created at the outlet of the principal spillway and at dewatering outlets for all flows.

3. Erosion Protection Requirements

A) As a minimum the applicant shall adequately protect by structural or nonstructural means the upstream face of earth embankment dams from an elevation below normal pool of two feet or 0.50 times the anticipated wave height (if greater than 2.0 feet) up to the minimum freeboard elevation. In addition, if normal pool water surface varies, the upstream face shall be protected within the range of variation.

B) The applicant shall vegetate or otherwise protect from erosion the downstream face and top of earth embankment dams. The applicant should design earth embankment dams to provide a dam section which can be easily maintained.

C) The applicant shall provide riprap or other appropriate protection as necessary at dam abutments, dam slope toes (the line of the dam embankment slopes where it intersects the natural ground at the upstream or downstream edge), spillways, stilling basins, and at other locations which, if left unprotected, could lead to damage to, or failure of the dam.

D) If the spillway design of the dam requires that an earth emergency spillway pass any portion of the 100-year flood, the applicant shall protect the earth emergency spillway against erosion consistent with the dam classification and physical characteristics of the dam site. The applicant must construct all earth emergency spillways on in situ material or on well compacted cohesive materials that will be stable during design flows.

E) The applicant shall submit plans for control of erosion and water pollution during the anticipated construction or major modifications, including plans for adequate measures to limit the erosion of the soil from exposed slopes after completion of construction. Such plans shall indicate that adequate control measures will be taken during construction to protect the quality of stream flow below the project site, and during the estimated time for filling.

4. Operating Requirements

An applicant for a Class I or II dam shall submit an operational plan specifying the method and schedule for the operation of the dam and the routine operating procedures to keep the dam in good working order, including an emergency warning plan. The emergency warning plan must outline the procedures to be followed during major storm events or other emergency situations. Under this plan, a person designated by the dam owner would monitor dam conditions, and would warn appropriate state and local officials if major problems require immediate repairs and would indicate how the owner plans to accomplish the needed repairs, and indicate if evacuation of persons in areas downstream of the dam may be necessary.

5. Maintenance Requirements

As a condition of each permit, dam owners shall submit a maintenance plan detailing the procedures and schedules to be followed to maintain the dam and its appurtenances in a reasonable state of repair. The maintenance plan shall include but not be limited to the following:

A) Class I and II Dams

The dam owner shall retain an engineer or other qualified personnel to make an initial inspection and report and subsequent inspections and reports as required by this Part. The owner of a Class I dam shall submit the report annually on forms furnished by OWR. The owner of a Class II dam shall submit the report every three years on forms furnished by OWR. In the intervals between the engineer or other qualified personnel reports on Class II dams, the owner shall file with OWR an annual statement on forms furnished by OWR stating that he is maintaining the dam in accordance with the maintenance plan prepared by his engineer or other qualified personnel and indicating any change in land use which may have occurred in the 100-year flood plain within the previously accepted limits downstream of the dam. The reports shall outline modifications made to the dam, any deficiencies found, detail the remedial measures necessary, and the method and time the owner will use to correct the deficiencies found. The dam owner may be required to provide additional inspections and reports by an engineer or other qualified personnel, following unusual storms or seismic events; provided such inspection procedures are required as a part of the maintenance plan approved by OWR in issuing a permit. A sketch showing land use in the flood plain downstream of the dam shall be included in the reports. The extent of downstream land use to be reported is dependent upon factors such as slope and width of the 100-year flood plain and the density and intensity of downstream development. The extent downstream will not exceed 2 miles unless otherwise indicated by OWR. The owner may provide information for review by OWR indicating that an extent downstream which is shorter than 2 miles may be appropriate.

B) Class III Dams

The owner of a new Class III dam or owner of an existing Class III dam qualifying under the provisions of Section 3702.30 (relating to the major modification of existing Class III dams), shall retain an engineer or other qualified personnel to make an initial inspection and report and subsequent inspections and reports on a 5-year interval, in accordance with this Part. The dam owner shall submit to OWR on forms furnished by OWR the engineer's initial report and subsequent fifth year reports. The reports shall include a description of flood plain land use downstream of the dam. In the intervals between the engineer's reports, the owner shall file with OWR an annual statement on forms furnished by OWR stating that he is maintaining the dam in accordance with the maintenance plan prepared by his engineer or other qualified personnel and indicating any change in land use downstream of the dam. The extent of downstream land use to be reported is dependent upon factors such as slope and width of the 100-year flood plain and the density and intensity of downstream development. The extent downstream will not exceed 2 miles unless otherwise indicated by OWR.

6. Financial Responsibility of Owner

A) For Class I and II dams, the owner shall document that he has the financial capability to adequately maintain or breach his dam in a safe condition. This may be established by showing that the applicant has the resources and the authority to obtain funds in the amount required to safely breach the dam within 10 days of receipt of notice of the need to breach or repair. For public bodies, this may be done by showing taxing power or other revenue generating ability and passage of an appropriate ordinance or resolution indicating the authority to take such action if necessary. If the owner cannot adequately demonstrate this financial capability, OWR may require the applicant to post a performance bond. The amount of the bond will be that estimated by OWR as reasonably necessary to safely breach the dam in an environmentally sound manner if the condition of the dam becomes a threat to life or property. The owners shall notify OWR when each performance bond has been renewed or extended in time.

B) Except in emergencies, should the cost of repair to place the dam in a safe condition be less than the cost of breaching, the performance bond may be used to pay for repair, rather than breach of the dam.

7. Other Requirements

A) The owner shall grant the State the right of access to inspect the dam site and immediate vicinity before, during and after construction and for the life of the dam and appurtenances. Except under emergency conditions, such as when the dam is in imminent danger of failure or is in the process of failing, the State shall notify the owner at least 10 days in advance of any inspection.

B) For Class I and II dams, the owner shall notify OWR prior to initiating foundation preparations, including cut-off trench excavation.

C) For Class I and II dams, OWR will require the owner to have continuous inspection during construction. The construction shall be under the direction of an engineer, or other qualified personnel. For Class III dams, OWR may require the owner to have continuous inspection during construction if foundation conditions have not been completely determined or if the dam has been designed with minimal factors of safety.

D) For Class I and II dams – prior to commencing filling operations, or refilling operations after a drawdown, the applicant shall request OWR inspection of the dam, and must receive authority from OWR before commencing filling. When drawdowns are performed on a frequent basis as a part of the approved operation plan, the authority is not necessary.

E) If OWR has not acted to grant or deny the authorization to fill within 30 days after receipt of request, the owner may proceed with filling or refilling operations.

F) For all new dams, or for major modifications to existing dams, the dam owner shall

i) own or have permanent flood easements for all land that will be inundated in the reservoir up to the proposed 100-year frequency flood pool elevation, or

ii) submit hydraulic computations showing that, for floods up to the 100-year frequency flood, the pool elevation will not be increased above existing conditions.

History

• Source: Amended at 11 Ill. Reg. 1941, effective January 13, 1987

17 Ill. Adm. Code 3702.50 Requirements for Approval of Permits for Removal of Dams

a) Dependent upon the size, height, reservoir impounding capacity, upstream and downstream channel conditions, existing reservoir sediment deposits, degree of hazard in case of failure, as well as any other considerations which might be peculiar to a particular dam, the following OWR requirements shall be met unless the applicant establishes that one or more specific requirements for a permit to remove a dam are not applicable.

b) A reasonable method to accomplish the following requirements will be accepted. It is strongly recommended that applicants contact OWR prior to initiation of studies and at any time during the development of the permit application if questions should arise.

1. Reservoir Dewatering – The reservoir shall be dewatered with a method and timing such that the downstream channel shall not overflow to a degree to cause damage.

2. Effecting Breach – A breach shall be made in such a manner as to be safe under all reasonably anticipated storm events.

3. Size of Breach – The waterway cross sectional area of the final breach shall be sufficient to at least pass the 100-year frequency flood with negligible backwater effect.

4. Control of Erosion at Site of Breach During and After Breaching Operations – Erosion of the dam embankment and adjacent area shall be controlled during and after breaching operations by proper breach procedure, use of appropriate structural measures, and necessary maintenance measures thereafter.

5. Downstream Channel Impacts – Effects of the breach on the downstream channel shall be assessed. Increases in water levels downstream of the breach over that which occurred prior to construction of the dam shall be negligible unless the owner can show that no damage results from such increases. If increases in water levels are not negligible or if damage can result from the breach, OWR will require the owner to mitigate such damages.

6. Restoration of Original Channel Upstream of Breach – The original channel shall be restored, or an alternate channel shall be required to provide flows approximating the original flow regime (restoration to the extent possible, of the channel and stream flows to original conditions prior to construction of the dam) through the bed of the reservoir from the breach to the upstream end of the area impacted by the reservoir.

7. Control of Sediment Deposits in Reservoir – Measures shall be undertaken to minimize movement of reservoir sediment deposits through the breach.

8. Restoration of Reservoir Lake Bed – The bed of the reservoir within the 100-year flood plain shall be restored to a condition whereby it can serve a reasonable flood plain use.

9. Plan for Maintenance – A plan for providing regular maintenance of the breach, outlet channel, inlet channel, and reservoir bed will be required by OWR, for the period of time necessary to establish plant cover or other erosion and sedimentation control.

History

• Source: Amended at 11 Ill. Reg. 1941, effective January 13, 1987

17 Ill. Adm. Code 3702.60 Application for Permit to Construct New Dams or Make Major Modifications to Existing Dams – Contents

Application for a permit shall be made on forms provided by OWR. Separate applications are required for each dam. The application shall include, as a minimum:

a) Construction plans and documents, sealed, signed and dated by an engineer, stating that the dam design and construction documents have been prepared under the engineer's personal supervision and are in conformance with this Part.

b) For all Class I and II dams, and for Class III dams when the dam height multiplied by the impounding capacity is greater than 300, computations for structural and geotechnical design of the dam.

c) Computations for the hydrologic and hydraulic design of the spillway or combination of the spillway and the outlet works.

d) For Class I and II dams, computations for the design flood and the 100-year frequency flood routed through the design spillway system.

e) For Class I and II dams, computations for the dam breach wave analysis for downstream impacts.

f) Computations of length of time required to dewater the reservoir, together with a detailed plan indicating methods of dewatering for normal and emergency conditions.

g) Computations for the design of minimum dam height, including freeboard.

h) Sketch showing flood plain land use downstream of the dam.

i) Computations for the design of the energy dissipating structures, including an assessment of the impact of the design discharges and other critical flows in downstream channels immediately below the energy dissipators.

j) Time schedule for the construction of the dam (applicant must notify OWR immediately if any advances in the schedule are made).

k) Agreement of the applicant to provide as-built plans and specifications upon completion of construction. These plans and specifications shall be signed by the engineer or other qualified personnel who was responsible for inspection during the construction.

l) For all Class I and II dams, a detailed plan for inspection of the dam and its appurtenances during construction, immediately after completion, at frequent intervals during initial filling of the reservoir, and for a one-year period immediately following completion of the filling. Inspections during the initial filling shall be conducted at least every 30 days. Additional inspections will be required after major storms or seismic events. Following a seismic event, OWR will consult with IEMA and university seismic experts to determine when additional inspections will be required.

m) For all Class I and II dams, and for Class III dams when the height multiplied by impounding capacity is greater than 300, authorization for the OWR, in the event that a dam is found by OWR to be in imminent danger of failure, to enter upon the dam property if necessary to prevent or alleviate dam breach damage pursuant to Section 3702.190 and agreement by the applicant to compensate the State for costs reasonably incurred by emergency action.

n) Right of access authorization for the OWR to inspect the dam site and immediate vicinity before, during and after construction and for the life of the dam and its appurtenances. OWR shall notify the owner 10 days in advance of any inspection other than an emergency inspection.

o) For Class I and II dams, an operational plan.

p) For all Class I and II dams, and for Class III dams when the dam height multiplied by the impounding capacity is greater than 300, a maintenance plan.

q) For Class I and II dams, a financial responsibility statement.

r) Copies of ownership documents or flood easement agreements for all land that will be inundated in the reservoir up to the 100-year frequency flood pool elevation, or hydraulic computations showing no increase in the flood pool elevations above existing conditions for floods up to the 100-year frequency flood.

History

• Source: Amended at 38 Ill. Reg. 949, effective December 27, 2013

17 Ill. Adm. Code 3702.70 Application for Permit to Remove Dams – Contents

Application for a permit to remove a dam shall be made on forms provided by OWR. Separate applications are required for each dam. The application shall include, as a minimum:

a) Plans and documents, sealed, signed and dated by an engineer, stating that the design documents have been prepared under the engineer's personal supervision and are in conformance with this Part.

b) Computations for design of the method and timing for dewatering the reservoir.

c) Design plans and computations to effect the breach, including size of breach, shape of breach and disposal of spoil material.

d) Plans and computations for controlling erosion at the site of the breach during and after the breach.

e) Computations detailing the effects of the breach on the channel downstream of the breach.

f) Plans and computations for restoring the channel upstream of the breach.

g) Plans and computations for control of sediment deposits in the reservoir.

h) Plans for the restoration of the bed of the reservoir.

i) Plans for maintenance of the breach, downstream and upstream channels, and reservoir bed.

j) A time schedule for initiation and completion of all phases of the removal of the dam operation.

k) Agreement of the applicant to provide as-built plans upon completion of removal. These plans shall be signed by the engineer or other qualified personnel who was responsible for inspection during the removal.

l) Right of access authorization for the OWR to inspect the breach site and vicinity before, during and after breaching operations and until restoration of the stream and impacted area is complete.

History

• Source: Amended at 38 Ill. Reg. 949, effective December 27, 2013

17 Ill. Adm. Code 3702.80 Dam Breach Wave Advisories

For certain Class I or Class II dams which, because of physical conditions or density or downstream land use, would be a threat to life and property if failure occurred, OWR may file a dam breach wave advisory with the appropriate county clerk outlining the probable extent and impact of a dam failure on the affected downstream area.

17 Ill. Adm. Code 3702.90 Datum for Dam Elevations

All elevations for Class I and Class II dams shall be on the National Geodetic Vertical Datum (same as mean sea level (MSL) 1179 adj.). Where possible, Class III dams shall also be on the NGVD datum. (Datum means the level surface used for reference in determining the elevations of features of a dam)

17 Ill. Adm. Code 3702.100 Permits Not Transferable

Permits issued pursuant to this Part are not transferable. Upon transfer of ownership of a dam whether previously permitted or not, the new owner must immediately apply for a permit under his own name. The application for permit may incorporate by reference all information from the previous permit that is determined by OWR to be pertinent to the new permit.

History

• Source: Amended at 11 Ill. Reg. 1941, effective January 13, 1987

17 Ill. Adm. Code 3702.110 Acceptance of Other Agency Permits

If an applicant demonstrates to OWR that he has met the requirements of another state or federal agency's permit for a new dam or major modifications to an existing dam, and that the other permit requirements are substantially equivalent to corresponding requirements under this Part, then submittal of the other permit with the completed Application for Permit form will be considered sufficient evidence that the corresponding requirements of this Part have been met.

History

• Source: Amended at 11 Ill. Reg. 1941, effective January 13, 1987

17 Ill. Adm. Code 3702.120 Use of Joint Permit Forms

OWR may enter into agreements with federal or state agencies having appropriate permit authority for construction of dams, to develop a single Application for Permit form to satisfy the requirements of each of the concerned agencies.

17 Ill. Adm. Code 3702.130 Permit Application

a) Notice and Comment

1. Upon receipt of a complete application, OWR shall prepare and distribute a public notice of the application, allowing a period of twenty-one (21) days for the submission of comments. OWR may extend the comment period upon written request showing just cause. The extension shall not exceed fifteen (15) days.

2. Public notices shall be released as a news item through the Department's Office of Public Affairs, and shall be mailed to the following:

A) Adjacent upstream and downstream property owners.

B) Interested state and federal agencies.

C) Area legislators.

D) Local officials.

E) Interested groups and organizations.

3. Failure to publish this notice will not affect the substantive or procedural rights of any affected party.

4. If relevant objections are received in response to the public notice, they shall be forwarded to the applicant suggesting that a mutually satisfactory resolution be achieved if possible. If a resolution cannot be achieved, the applicant shall advise OWR of his views regarding the validity of the statements contained in the objection. OWR will then evaluate the objections and the applicant's response and determine the appropriate resolution.

b) Public Hearing

1. If the application is for a new dam, or for major modification to an existing dam, OWR may hold a public hearing to take evidence concerning the proposed project. A public hearing pursuant to Section 3702.170 shall be held in addition to the notice and comment procedures outlined in the prior subsection (Section 3702.130(a)) when OWR determines that such a hearing is in the public interest, or believes it to be the most appropriate means of receiving information concerning the application.

2. If the application is for an existing dam which requires no major modifications, OWR will not hold a hearing unless OWR determines that it is in the public interest to do so.

17 Ill. Adm. Code 3702.140 Permit Approval

a) The Department shall either approve or deny an application for permit within ninety (90) days of the receipt of the complete application (or one-hundred and fifty (150) days in the event a hearing is held) unless a longer time period is agreed to in writing by the applicant. If the Department has neither approved nor denied the application within these time limits, the application will be deemed approved. The time limit for final Department action on a permit application shall be computed from the date on which the Department has received all information required in Sections 3702.40 and 3702.60 or 3702.50 and 3702.70. The applicant will be advised within forty-five (45) days of the receipt of the application if additional data are required. If additional data or revised plans are required by the Department, the time between the request and the receipt of the requested material will not be counted in these time periods. Also, the time required for resolution of relevant objections shall not be counted in these time periods.

b) OWR may give emergency approval of construction if the applicant agrees to make all modifications, at the applicant's expense, which are reasonably required by OWR, upon completion of a detailed review and expiration of the public comment period. (An example of a situation in which emergency approval might be granted is: If a dam was severely deteriorated, and immediate repairs were necessary to prevent dam failure.)

History

• Source: Amended at 11 Ill. Reg. 1941, effective January 13, 1987

17 Ill. Adm. Code 3702.150 Enforcement, Administrative Order, and Judicial Action

Before requiring major modifications or breach of an existing dam, or engineering studies and surveys necessary to determine the proper design for any such remedial measures, OWR shall provide notice and opportunity for a hearing. The Director shall require breach or modification of an existing dam only upon a determination that the dam constitutes a serious threat to life or a threat of substantial property damage. If the Director finds that major modification or removal is required, the Director will issue an order to the dam owner requiring that he take the appropriate corrective action. The order may provide that all existing OWR permits applicable to the dam be revoked. If a dam owner fails to comply with this Part or conditions of a permit issued under this Part, or an order issued under this Part, the Director may seek appropriate judicial action to obtain compliance.

History

• Source: Amended at 11 Ill. Reg. 1941, effective January 13, 1987

17 Ill. Adm. Code 3702.160 Dam Owner Non-Compliance

a) OWR will review all instances of alleged non-compliance with this Part or conditions of a permit or order issued under this Part. OWR will provide the owner reasonable opportunity to submit all relevant information concerning the issue of compliance.

b) If OWR finds non-compliance, OWR may issue a notice of non-compliance to the dam owner, specifying the nature of the non-compliance, the nature of the dam deficiencies if known, and the hazards which may result if known. OWR may issue a notice of non-compliance if the non-compliance is not a substantial risk to human life, and that continued non-compliance is not likely to result in a hazard to human life.

c) OWR may request that the Director hold a hearing pursuant to Section 3702.170 on the issue of non-compliance, if it finds that there are issues of fact or law for which a hearing is the most appropriate means of receiving information.

d) If the Director finds non-compliance, the Director may issue an order, and if necessary seek judicial enforcement, pursuant to Section 3702.150.

e) OWR will send orders issued by the Director and notices of significant non-compliance, related dam deficiencies, and the hazards which may result, to: the appropriate officials of the affected city or county, the State's Attorney of the county in which the dam is located, IEMA, and all known downstream property owners and residents who might be threatened as a result of the deficiencies.

f) OWR will also provide general information concerning the defective dam or other non-compliance, as appropriate, to concerned officials, property owners and users, and other interested persons.

History

• Source: Amended at 11 Ill. Reg. 1941, effective January 13, 1987

17 Ill. Adm. Code 3702.170 Permit, Enforcement, Dam Classification, Existing Dam Spillway Design Variation, and Non-Compliance Hearing Procedures

Permit, enforcement, dam classification, existing dam spillway design variation and non-compliance hearings shall be held in accordance with the procedures established in contested cases under Article 10 of the Illinois Administrative Procedure Act. In addition, for all hearings held by the Director or OWR under this section, the following procedures shall apply:

a) All affected parties shall be afforded an opportunity for hearing after reasonable notice is served personally or by certified or registered mail upon the parties or their agents.

b) The Director may issue subpoenas for the attendance of witnesses or to produce books and papers.

c) The record of hearing shall include verbatim all written testimony and evidence, as well as all oral proceedings recorded stenographically or otherwise.

d) A final decision or order shall be in writing including findings and the rationale for the decision; and the parties or their agents shall be notified personally or by registered or certified mail of the decision.

e) A decision or order to require breaching or modification of a dam shall include:

1. A detailed and specific list of defects discovered by inspection of the dam and

2. A statement of the requirements with which the owner must comply pursuant to this Part.

f) In any hearing held pursuant to Section 3702.30(d) of this Part, the burden of proof shall lie with the party requesting the hearing. In any hearing held pursuant to Section 3702.150 or 3702.160, the burden of proof shall lie with OWR.

History

• Source: Amended at 11 Ill. Reg. 1941, effective January 13, 1987

17 Ill. Adm. Code 3702.180 Assistance Concerning Non-Complying Dams

OWR will cooperate with the Illinois Emergency Management Agency to provide assistance to local officials or property owners who may wish to institute appropriate emergency procedures for downstream areas threatened with damage from failure of a non-complying dam.

17 Ill. Adm. Code 3702.190 Emergency Procedures

a) In the event a dam constitutes a serious threat to life or a threat of substantial property damage and is found to be in immediate danger of failure, OWR shall give the owner proper notice, providing the owner is known, is immediately available, and is competent, to take those actions necessary to prevent or alleviate threat to life and property downstream of the dam.

b) The actions may include, but are not limited to lowering normal pool level, complete dewatering, breaching of the dam, and initiating a surveillance program for dam and lake conditions. The action required of the dam owner may also include, in cooperation with appropriate state and local officials, initiating emergency procedures for evacuation of downstream areas threatened with breach damage. OWR may hold public meetings in the area and issue press releases, when these are the most expedient means for informing the concerned persons and officials of the hazard involved, or if public meetings are necessary to alleviate unfounded fears as to the severity of the hazard involved.

c) If the dam owner fails to take these actions in a timely manner, or if OWR finds that because of imminent hazard to public safety, notice and opportunity for hearing and for appropriate action by the dam owner are not feasible, then the State may pursue appropriate emergency administrative or court action to deal with the emergency.

17 Ill. Adm. Code 3702.200 Standard Permit Conditions

a) Permits issued under this Part shall be subject to the following standard conditions:

1. This permit is granted in accordance with the Rivers, Lakes and Streams Act [615 ILCS 5].

2. This permit does not convey title to the permittee or recognize title of the permittee to any submerged or other lands, and furthermore, does not convey, lease, provide any right or rights of occupancy or use of the public or private property on which the project or any part thereof will be located, or otherwise grant to the permittee any right or interest in or to the property, whether the property is owned or possessed by the State of Illinois or by any private or public party or parties.

3. This permit does not release the permittee from liability for damage to persons or property resulting from the work covered by this permit, and does not authorize any injury to private property or invasion of private rights.

4. This permit does not relieve the permittee of the responsibility to obtain other federal, State or local authorizations required for the construction of the permitted activity; and if the permittee is required by law to obtain approval from any federal or other State agency to do the work, this permit is not effective until the federal and State approvals are obtained.

5. The permittee shall, at the permittee's own expense, remove all temporary piling cofferdams, false work, and material incidental to the construction of the project, from the floodway, river, stream or lake in which the work is done. If the permittee fails to remove such structures or materials, the State may have removal made at the expense of the permittee. If the construction is on a public body of water and if future need for public navigation or public interests of any character, by the State or federal government, necessitates changes in any part of the structure or structures, such changes shall be made by and at the expense of the permittee or the permittee's successors as required by the Department of Natural Resources or other properly constituted agency, within sixty (60) days from receipt of written notice of the necessity from the Department or other agency, unless a longer period of time is specifically authorized.

6. The execution and details of the work authorized shall be subject to the supervision and approval of the Department. Department personnel shall have right of access to accomplish this purpose.

7. The permittee shall file with the Department a properly executed acceptance of all terms and conditions of the permit within sixty (60) days of receipt of the permit; however, starting work on the construction authorized will be considered full acceptance by the permittee of the terms and conditions of the permit.

8. The Department in issuing this permit has relied upon the statements and representations made by the permittee; if any statement or representation made by the permittee is found to be false, the permit may be revoked at the option of the Department; and when a permit is revoked all rights of the permittee under the permit are voided.

9. If the project authorized by this permit is located in or along Lake Michigan or a meandered lake, the permittee and the permittee's successors shall make no claim whatsoever to any interest in any accretions caused by the project.

10. In issuing this permit, the Department does not approve the adequacy of the design or structural strength of the structure or improvement.

11. Noncompliance with the conditions of this permit will be considered grounds for revocation.

b) In addition, the Department shall impose special conditions, as required to assure compliance with this Part. Special conditions of a permit are those conditions of a permit not included within the standard conditions for all permits but necessary to assure compliance with 17 Ill. Adm. Code 3702. Typical examples include a) setting limits for soil testing results that will be affected by site conditions encountered during construction, b) preventing certain construction activities from taking place without approval of specific data not available at the time of permit issuance, or c) providing time limits for construction activities to be completed.

History

• Source: Added at 11 Ill. Reg. 1941, effective January 13, 1987

Part 3704 Regulation of Public Waters

17 Ill. Adm. Code 3704.10 Purpose

a) The purpose of this Part is to protect the public's interests, rights, safety and welfare in the State's public bodies of water. More specifically, construction will be regulated to prevent:

1. Obstruction to, or interference with, the navigability of any public body of water;

2. Encroachment on any public body of water; and

3. Impairment of the rights, interests or uses of the public in any public body of water or in the natural resources thereof.

b) This Part applies to the entire State geographically but is limited to only those lakes, rivers, streams and waterways that are considered to be public waters.

c) Compliance with this Part does not excuse an applicant from complying with the following Department of Natural Resources, Office of Water Resources construction related rules:

1. Rules for Construction and Maintenance of Dams, 17 Ill. Adm. Code 3702. This Part is applicable statewide.

2. Floodway Construction in Northeastern Illinois, 17 Ill. Adm. Code 3708. This Part applies to all defined floodways in the counties of Cook, Will, Dupage, Kane, Lake and McHenry.

3. Construction in Floodways of Rivers, Lakes and Streams, 17 Ill. Adm. Code 3700. This Part is applicable to all rivers, lakes and streams under the Department's jurisdiction except those in the counties of Cook, Will, DuPage, Kane, Lake and McHenry for which floodway limits have been defined pursuant to 17 Ill. Adm. Code 3708.

d) Additionally, permits issued under this Part do not relieve the permittee of the responsibility of securing all other required authorizations.

17 Ill. Adm. Code 3704.20 Definitions

As used in this Part, the words and terms listed shall have the meanings ascribed to them as follows:

"Barge Fleeting Area" A facility, at a fixed site, which is used to provide barge mooring services [615 ILCS 5/18].

"Construction" − The placement, erection or reconstruction of any building or structure, any filling or excavation, the installation of any utility, or the storage of any materials. Construction includes, but is not limited to, barge loading and unloading facilities, marinas, dredging and the disposal of dredged material, bridges, boat docking facilities, and bank protection activities.

"Department" − The Illinois Department of Natural Resources.

"Permittee" − The entity issued a permit pursuant to this Part.

"Public Bodies of Water" or "Public Waters" − All lakes, rivers, streams and waterways which are or were navigable and are open or dedicated to public use including all bayous, sloughs, backwaters and submerged lands connected by water to the main channel or body of water during normal flows or stages.

History

• Source: Amended at 38 Ill. Reg. 966, effective December 27, 2013

17 Ill. Adm. Code 3704.30 Jurisdiction

a) Construction in any public body of water is subject to this Part and requires a permit from the Department.

b) Any activity on a public body of water that could result in a restriction of the access to, or use or enjoyment of, the water, such as the temporary placement of floating buildings for commercial purposes and the designation of areas for exclusive use for sporting events, is subject to this Part and requires a permit from the Department.

c) Any activity along the Lake Michigan shoreline that is located at or below the Ordinary High Water Mark (OHWM) is subject to this Part and requires a permit from the Department. In cases in which the OHWM is lakeward of the existing bluff, the toe of the bluff will be used to determine the Department's jurisdiction.

d) The following activities are exempt from this Part:

1. Normal and lawful uses of a public body of water, such as commercial navigation, boating, fishing, trapping, hunting, swimming and wading;

2. Barge fleeting areas;

3. Duck blinds that comply with the regulations of the Illinois Department of Natural Resources;

4. The removal of trash or other debris;

5. Routine maintenance and repair of existing structures;

6. Channel marking buoys and other similar navigation devices placed by public agencies; and

7. The replacement of appurtenant navigation structures, such as mooring cells, at existing barge terminal facilities.

History

• Source: Amended at 38 Ill. Reg. 966, effective December 27, 2013

17 Ill. Adm. Code 3704.40 List of Public Waters and Provision for Additions

The public waters of the State are listed in Section 3704.Appendix A. When the Department obtains information sufficient to determine that a body of water is a public water, that body of water will be added to the list. Any person may petition for an order to add a body of water to the list when it can be shown that the candidate is or was navigable and is open or dedicated to public use. The petition shall contain the following information, when known:

a) Name of the body of water, and in the case of a backwater lake or slough, the name of the main body of water it is connected to or a part of;

b) Location: section, township, range, county;

c) A statement on its past or present navigability; or, alternatively, a statement that it is a backwater lake or slough connected to or a part of a navigable body of water;

d) The legal authority or instrument by which the body of water was opened or dedicated to public use; or

e) If documentary evidence cannot be found, statements of persons living along that body of water that:

1. It is common knowledge that the water has always been open to public use, or

2. It is known that the riparian owners intended to dedicate the water to public use and a description of the information showing the intent to dedicate such as maps, plats, or written instruments;

f) Names of federal or State agencies or units of local government operating, maintaining or regulating public use of the body of water; and

g) Any maps, documents, or other data supporting the petition.

17 Ill. Adm. Code 3704.50 Permit Application

a) An applicant requesting a permit under this Part shall file with the Department an application consisting of a properly executed application form, all plans and information required to determine the effect of the construction on the public body of water, and the permit application fee (see Section 3704.55). All portions of the application form, including the name and address of the applicant, a description of the proposed activity, the location of the activity, and the names and addresses of all adjoining property owners, shall be completed and all required attachments must be submitted before a determination of permissibility will be made. Application forms may be obtained from the Illinois Department of Natural Resources, Office of Water Resources. For projects involving construction or other activities at more than one location, separate permit applications shall be submitted for each location.

b) Many activities permitted under this Part require review by the U.S. Army Corps of Engineers and the Illinois Environmental Protection Agency. To simplify application procedures, the Office of Water Resources utilizes a joint application form with these two agencies.

History

• Source: Amended at 38 Ill. Reg. 966, effective December 27, 2013

17 Ill. Adm. Code 3704.55 Permit Application Fee

a) If permit is required for the activity proposed and is not already permitted by a Statewide Permit authorization (see Section 3704.110), permit applicants must pay a non-refundable permit application review fee. The fee will be determined by the Department, and the applicant shall be notified of that determination immediately after review of the application. When appropriate and when it is in the best interest of the State, the Department may enter into agreements to allow other State agencies to offset the cost of fees by providing in-kind services in lieu of cash payments. As outlined in this subsection (a), the review fee shall be calculated based on the determination of the base review fee, the application of an escalation adjustment factor, and the addition of review fees from any other applicable Parts (see subsection (a)(3)). Further processing of the application shall not be initiated until the review fee is received.

1. The base principal review fee shall be as follows:

A) $200 for previously permitted activities requiring new permit authorization in accordance with Section 3704.125 and not involving any changes from the previously permitted activity; or

B) $500 for activities that comply with the terms and conditions of a general permit, in accordance with Section 3704.120; or

C) $2500 for activities that the Department determines would not likely have any of the impacts listed in Section 3704.80(a); or

D) $4500 ($5000 for Lake Michigan) for more extensive activities such as new barge terminals, marinas and water level management structures that would likely have one or more of the impacts listed in Section 3704.80(a).

2. Annual Escalation Adjustment

A) The review fee amounts in subsection (a)(1) shall be adjusted on July 1 each year to account for inflation. The U.S. Bureau of Labor Statistics' Consumer Price Index Table for all urban consumers (CPI-U), U.S. city average, all items, base period 1982-1984=100 (Series ID: CUUR0000SA0) (available on the U.S. Bureau of Labor Statistics' website) shall be used to calculate the adjustment factor. The adjustment factor shall be directly proportional to the change in the CPI index since June 2013 and shall be calculated according to the following formula:

Adjustment factor

=

CPI (May of current year)

CPI (June 2013)

B) The base fee amounts in subsection (a)(1) shall be multiplied by this factor and rounded to the nearest $10 to compute the review fee for the coming fiscal year (July 1 through June 30). The review fee shall be capped at $5000. The dollar amounts that result from these calculations will be posted on the Department's website at: www.dnr.illinois.gov.

3. Review Fee for Multiple-Regulation Projects

If the construction activity being applied for also requires authorization under 17 Ill. Adm. Code 3700, 3702 and/or 3708, the review fee for each Part shall be added to calculate the total review fee. The review fee shall be capped at $5000.

b) Submission of Fees

1. Except when possible through electronic fee submittal, the applicant shall submit the required fee amounts in the form of a check or money order made payable to the Illinois Department of Natural Resources.

2. If the review fee is not received within 90 days after the Department's notification of the amount of that fee, the application shall be withdrawn. A new application and review fee will need to be submitted to restart the application process.

3. Insufficient payment or failure of a fee payment to clear the bank it is drawn against will result in the automatic withdrawal of the application.

4. All fees shall be deposited into the State Boating Act Fund (see 615 ILCS 5/35).

c) Refund of Permit Application Fees

Except for refunding of overpayments, permit application fees shall not be refunded. Application fees are tendered for consideration of the application only and do not imply any promise of permit issuance by the Department.

History

• Source: Amended at 39 Ill. Reg. 1170, effective December 31, 2014

17 Ill. Adm. Code 3704.60 Notice to Interested Parties

Upon receipt of an application the Department will, unless the activity is covered by a Statewide, Regional or General Permit (see Sections 3704.110 and 3704.120 of this Part), issue a notice of the application, allowing a period of at least 21 days for the submission of comments. The notice will contain a description of the proposed activity, its location and the name of a Department contact. Notices will be released as news items and will be mailed to the following:

a) Owners of adjacent and potentially affected property;

b) Interested state and federal agencies;

c) Area legislators;

d) Local officials of potentially affected communities and governmental agencies;

e) Adjacent states when interstate waters are involved;

f) Groups and organizations known to have an interest in actions affecting the project area; and

g) The applicant.

17 Ill. Adm. Code 3704.70 Land Conversions and Fill Material Placement

a) Land Conversions

The conversion of public waters to private land by filling is prohibited.

b) Fill Material Placement

Fill material may be placed in public waters only for the following purposes:

1. Bank, shore or bluff protection;

2. Beach nourishment;

3. Establishing a uniform shoreline;

4. Spur dikes, wing dams, and similar structures;

5. Dams which would be in compliance with the Department's rules for Construction and Maintenance of Dams, 17 Ill. Adm. Code 3702;

6. Projects of an emergency nature which the Department determines to be in the public interest and which otherwise would be in compliance with this Part such as fills needed to prevent the failure of a structure;

7. Projects authorized by the General Assembly, to the extent necessary to achieve the purpose of the fill (such authorizations are only provided to public agencies to serve public purposes);

8. Filling of a slip pursuant to the provisions of 615 ILCS 5/18 (such permits are only granted after public hearing and with the approval of the Governor); and

9. Open water disposal of material dredged from a navigation channel. Open water does not include: any shallows or shorewaters predominantly occupied by submerged or floating aquatic vegetation regardless of bed material transport; any backwaters, sloughs, back channels, oxbows, or bays; areas within the depositional influence of dikes, sills, breakwaters, or other structures where subsequent sediment transport is largely arrested; or areas where sediment tends to accumulate or from which sediment may migrate into a backwater.

17 Ill. Adm. Code 3704.80 Department Evaluation

a) Upon receipt of an application the Department will make an evaluation, based on the type and magnitude of the activity and on the existing conditions of the body of water in the locality of the activity, of the potential of the activity to result in:

1. An obstruction to, or interference with, the navigability of any public body of water;

2. An encroachment on any public body of water;

3. An impairment of any rights, interests or uses of the public in any public body of water or in the natural resources thereof; or

4. Bank or shoreline instability on other properties.

If it is determined that the activity would not cause any of the listed impacts, the activity will be considered permittable under this Part.

b) If it is determined that the activity would likely cause any of the impacts listed in subsection (a) of this Section, the applicant will be required to submit the following supplemental information (unless the plans are modified to remove the potential for the impact(s)):

1. An evaluation of the benefits to the public interest in the body of water which would result from the activity;

2. A discussion of the measures to be provided in the project design, construction and operation which would minimize and/or mitigate the negative impacts; and

3. An analysis of the extent and permanence of the activity's encroachment on the body of water and of any impairment the activity would have on the rights, interests or uses of the public in the body of water and in the natural resources thereof. The analysis shall consider both the activity alone and the combined effects of similar activities which exist and/or could be lawfully undertaken in the locality. The analysis should be expressed in quantitative terms to the fullest extent practicable and should be performed by persons with expertise in such impact analysis.

17 Ill. Adm. Code 3704.90 Departmental Standards

a) No activity which would result in an obstruction to, or interference with, the navigability of any public body of water will be permitted.

b) No activity which would result in bank or shoreline instability on other properties will be permitted.

c) If it is determined that an activity would result in a long-term or permanent encroachment on a public body of water or impairment of any rights, interests or uses of the public in the body of water or in the natural resources thereof, a permit will be issued only if it is demonstrated that:

1. The project has been designed and will be constructed and operated in a way which will minimize and mitigate to the fullest practicable extent its encroachment on the body of water and its impairment of the rights, interests and uses of the public in the body of water and in the natural resources thereof; and

2. There would be a public benefit, such as the enhancement of navigation, boating, hunting or other normal and lawful use of the body of water, resulting from the activity which would offset the encroachment and/or impairment impacts.

17 Ill. Adm. Code 3704.100 Emergency Permit

The Department may issue an emergency permit after receipt of a properly executed application (including an explanation of why the work to be performed is of an emergency nature) if harm to life or loss of property is likely to occur if initiation of the activity is delayed. An applicant for an emergency permit is deemed to have agreed to make modifications, at its own expense, required by the Department, based upon completion of a detailed review and on comments received during the public comment period, to bring the activity into compliance with this Part.

17 Ill. Adm. Code 3704.110 Statewide and Regional Permits

The Department may, by issuance of a statewide or regional permit, grant approval for specific types of activities that would not cause the impacts listed in Section 3704.80. Subsequent to the issuance of a statewide or regional permit, no application or further authorization will be required by the Department for activities meeting the terms and conditions of the permit. Statewide and regional permits will be issued only after notice and opportunity for public review and comment.

History

• Source: Amended at 38 Ill. Reg. 966, effective December 27, 2013

17 Ill. Adm. Code 3704.120 General Permits

The Department may, for the purpose of providing more expeditious processing of permit applications, issue general permits pertaining to specific types of activities, such as boat launching facilities, meeting such conditions as necessary to assure compliance with the purpose and intent of this Part. General permits may be applicable on a statewide basis, or may be restricted to specified public bodies of water. Subsequent to the issuance of a general permit, individual applications must still be submitted but authorizations will be granted for activities meeting all of the terms and conditions of the general permit without notice or interagency coordination. General permits will be issued only after notice and opportunity for public review and comment.

17 Ill. Adm. Code 3704.125 Permits Not Transferrable

Permits issued pursuant to this Part are not transferrable. If the property rights for the grounds on which the project will be located are transferred before the authorized construction is completed, the new entity must apply for a permit under its name. For permits authorizing ongoing management of, or withdrawal of water from, a public body of water, the new entity shall apply for a permit under its name even if any construction authorized by the permit has already been completed. The application for a permit may incorporate by reference all information from the previous permit that is determined by the Department to be pertinent to the new application.

History

• Source: Added at 38 Ill. Reg. 966, effective December 27, 2013

17 Ill. Adm. Code 3704.130 Denial of Applications

Applications not meeting the requirements of this Part will be denied. If an application for permit is denied, the Department will submit a letter, based on the administrative record, to the applicant explaining the reason(s) for denial. The application may be resubmitted for consideration if it can be modified to meet the Department's objections as specified in the letter of denial.

17 Ill. Adm. Code 3704.140 Violations and Enforcement

a) When the Department becomes aware of an unauthorized activity or permit violation, it will conduct an investigation to determine the facts regarding the activity or violation and will advise the responsible party what actions are required to comply with State statutes and this Part. When the responsible party fails to perform the specified actions, enforcement will be sought as determined by the Department to be necessary and appropriate.

b) Investigations may be initiated by the Department on its own or in response to complaints involving activities undertaken without a permit, or activities not in compliance with the terms and conditions of a permit. Complaints shall be in writing and shall contain the name, address and telephone number of the party believed to be responsible, the nature of the alleged violation, the location of the activity, and the name of the body of water affected.

c) Any structure, fill, or deposit erected or made in any of the public bodies of water of this State determined to be in violation of the regulation, is a purpresture and may be abated as such at the expense of the person, corporation, company, city, municipality, or other agency responsible therefor (Section 18 of the Act). The Department may require the owner to remove the purpresture within 15 days after receipt of written notice. Any structure, fill, or deposit not so removed may be removed by the Department at the owner's expense.

17 Ill. Adm. Code 3704.150 Final Administrative Decision

The approval or denial of applications for permit under this Part shall be considered final administrative decisions and are subject to judicial review in accordance with Article III of the Code of Civil Procedure (Administrative Review Law) [735 ILCS 5/Art. III].

17 Ill. Adm. Code 3704.APPENDIX A Public Bodies of Water

a) The following public bodies of water were navigable in their natural condition or were improved for navigation and opened to public use. The entire length and surface area in Illinois, including all backwater lakes and sloughs open to the main channel or body of water at normal flows or stages, are open to the public unless limited to a head of navigation as stated. Head of navigation descriptions use the U.S. rectangular survey system and these abbreviations: T = township, R = range, PM = principle meridian, Sec. = section, ¼ = quarter section, N = north, E = east, S = south, W = west, USGS = U.S. Geological Survey.

1. Lake Michigan;

2. Chicago River: Main Branch;

3. Chicago River: North Branch to North Shore Channel;

4. Chicago River: South Branch;

5. Chicago River: South Fork of South Branch;

6. Chicago River: East and West Arms of South Fork of South Branch;

7. Chicago River: West Fork of South Branch to Chicago Sanitary and Ship Canal;

8. Calumet River;

9. Lake Calumet and entrance channel to Calumet River;

10. Grand Calumet River;

11. Little Calumet River;

12. Wolf Lake (Cook County);

13. Mississippi River (including all backwater lakes such as Frentress Lake in Jo Daviess County, Boston Bay in Mercer County and Quincy Bay in Adams County);

14. Sinsiniwa River to North Line of Sec. 9, T28N, R1W, 4th PM in Jo Daviess County, which is located approximately two-thirds mile downstream from the U.S. Highway 20 bridge. This area is shown on the Galena, Ill.-Iowa, 7.5 minute USGS quadrangle map;

15. Galena River to East Line of Sec. 16, T28N, R1E, 4th PM in Jo Daviess County, which is located approximately one-half mile upstream from the County Highway 3 (West Stagecoach Trail) bridge. This area is shown on the Galena, Ill.-Iowa, 7.5 minute USGS quadrangle map;

16. Apple River to North Line of Sec. 35, T26N, R2E, 4th PM in Jo Daviess County;

17. Plum River to North Line, T24N, R3E, 4th PM in Carroll County, which is located approximately one and one-half miles upstream from the U.S. Highway 52 bridge. This area is shown on the Savanna, Ill., 15 minute USGS quadrangle map;

18. Rock River;

19. Pecatonica River;

20. Sugar River (Winnebago County);

21. Stillman Creek to South Line, T25N, R11E, 4 th PM in Ogle County, which is located approximately one-third mile downstream from the Illinois Highway 72 bridge. This area is shown on the Stillman Valley, 7.5 minute USGS quadrangle map;

22. Henderson Creek (new channel) to East Line, SW ¼, Sec. 6, T10N, R5W, 4 th PM in Henderson County. The river has been relocated and the old channel abandoned;

23. The Sny in Adams, Pike and Calhoun Counties. The area has been drained with levees and ditches and it is uncertain that any descendent body of water exists;

24. Bay Creek to West Line, Sec. 29, T8S, R3W, 4 th PM in Calhoun County. The head of navigation is the limit of meanders on the official plat of survey; but it is uncertain that any descendent body of water exists;

25. Illinois River (including all backwater lakes such as Peoria Lake in Peoria, Tazewell and Woodford Counties; Matanzas Bay in Mason County; and Meredosia Lake in Cass and Morgan Counties);

26. Des Plaines River to Hoffman Dam in Cook County, which is located one-half mile downstream from the junction with Salt Creek. This area is shown on the Berwyn, 7.5 minute USGS quadrangle map;

27. Kankakee River;

28. Iroquois River to South Line, SW ¼, Sec. 30, T27N, R12W, 2nd PM in Iroquois County, which is located approximately one mile downstream from the junction with Sugar Creek. This area is shown on the Gilman, 15 minute USGS quadrangle;

29. Fox River (Illinois River Basin);

30. Griswold Lake (McHenry County);

31. Fox Chain-O-Lakes (Lake and McHenry Counties): Bluff Lake, Lake Catherine, Channel Lake, Fox Lake, Grass Lake, Lake Marie, Nippersink Lake, Dunns Lake, Pistakee Lake, Lake Jerilyn, Lac Louette, Redhead Lake;

32. Vermilion River (Illinois River Basin) to approximately one-half mile above the mouth near Oglesby in LaSalle County;

33. Spring Lake (Tazewell County);

34. Spoon River to North Line, Sec. 24, T6N, R1E, 4 th PM in Fulton County, which is located approximately one-half mile upstream from the Illinois Highway 95 bridge. This area is shown on the Smithfield, 7.5 minute USGS quadrangle map;

35. Sangamon River to South Line, NE ¼, Sec. 1, T15N, R4W, 3rd PM in Sangamon County, which is located approximately one mile south of the Mechanicsburg Road bridge. This area is shown on the Mechanicsburg, 7.5 minute USGS quadrangle map;

36. Sangamon River: South Fork to South Line, Sec. 33, T16N, R4W, 3rd PM in Sangamon County, which is located approximately two miles upstream from the mouth. This area is shown on the Springfield-East, 7.5 minute USGS quadrangle map;

37. Macoupin Creek to East Line, Sec. 25, T9N, R13W, 3rd PM in Green and Jersey Counties, which is located approximately one mile downstream from the junction with Boyer Creek. This area is shown on the Boyer Creek, 7.5 minute USGS quadrangle map;

38. Otter Creek to East Line of Sec. 3, T7N, R13W, 3rd PM in Jersey County, which is located approximately two miles east of the Illinois Highway 100 bridge. This area is shown on the Nutwood, 7.5 minute USGS quadrangle map;

39. Kaskaskia River to East Line, SW ¼, Sec. 31, T8N, R2E, 3rd PM, which is located nine miles south and two miles west of Herrick. This area is shown on the Vera, 7.5 minute USGS quadrangle map;

40. Big Muddy River to East Line T8S, R2W, 3rd PM in Jackson County, which is located approximately one mile northwest of the Southern Illinois Airport. This area is shown on the Murphysboro, 7.5 minute USGS quadrangle map;

41. Ohio River;

42. Wabash River;

43. Vermilion River (Wabash River Basin) to West Line, T19N, R11W, 2nd PM in Vermilion County, which is located approximately one mile upstream from the junction with the North Fork. This area is shown on the Danville, SW, 7.5 minute USGS quadrangle map;

44. Little Wabash River to the Illinois Highway 1 bridge in Carmi in White County;

45. Saline River to junction of North Fork and South Fork;

46. Saline River: North Fork to North Line, Sec. 5, T8S, R8E, 3rd PM in Gallatin County, which is located approximately three miles south of the junction of Illinois Highway 141 and U.S. Highway 45. This area is shown on the Ridgway, 7.5 minute USGS quadrangle map;

47. Saline River: South Fork to West Line, T9S, R8E, 3rd PM in Gallatin County, which is located at the Gallatin-Saline County line. This area is shown on the Equality, 7.5 minute USGS quadrangle map;

48. Horseshoe Lake (Alexander County).

b) The following public bodies of water are primarily artificial navigable waters that were opened to public use.

1. Illinois and Michigan Canal;

2. Illinois and Mississippi (Hennepin) Canal and Canal Feeder;

3. North Shore Channel (Cook County);

4. North Branch Canal of North Branch Chicago River (Cook County);

5. Relocated South Branch Chicago River (Cook County);

6. Chicago Sanitary and Ship Canal;

7. Calumet Sag Channel;

8. Marseilles Canal (LaSalle County);

9. Chain of Rocks Canal (Madison County);

10. Relocated Kaskaskia River.

c) The following public bodies of water are navigable waters that were dedicated to public use. This list is incomplete. It is believed there are numerous channels and slips in subdivisions on the margins of public bodies of water which have been dedicated by plat. Additional channels and slips have been dedicated by common law.

Petit Lake, Spring Lake and connecting channels between Bluff Lake and Fox Lake in Lake County.

History

• Source: Amended at 38 Ill. Reg. 966, effective December 27, 2013

Part 3706 Regulation of Construction Within Flood Plains

17 Ill. Adm. Code 3706.110 Authority

a) This Part is issued under the authority of the Rivers, Lakes and Streams Act [615 ILCS 5] which authorizes the Department of Natural Resources to define flood plains and to establish a permit procedure for regulating construction within such defined flood plains.

b) Flood plain definition and regulation is limited to townships related to projects of the Department authorized by the General Assembly, or as provided by law.

17 Ill. Adm. Code 3706.120 Purpose

Man's activities on flood plains are subject to periodic inundation which result in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety, and general welfare. It is the purpose of this Part to protect the public health, safety, and general welfare by restricting damageable flood plain improvements and uses which increase flood damage potential elsewhere. The regulation is more specifically adopted to:

a) Protect adjacent, upstream, and downstream private and public landowners from increases in flood heights and velocities and resulting increases in flood damages.

b) Minimize extraordinary direct and indirect costs to governmental units caused by developments within flood plains for roads, sewer and water, flood control works, flood relief and emergency services.

c) Reduce health and safety risks to the individual or his family or guests, prevent blighting, and prevent economic losses which detract from community well-being and the tax base.

d) Protect individuals from buying lands which are unsuited for intended purposes because of flood hazard.

e) Prevent water pollution, nuisances due to floating structures and debris, and increased sedimentation.

17 Ill. Adm. Code 3706.130 Objectives

In order to achieve the objectives of this Part, it is necessary to prohibit damaging or potentially damaging increases in flood stage or velocity caused by alterations in or encroachments upon the regulatory flood plain. All calculations of damaging or potentially damaging increases in flood stage or velocity shall assume a reasonably equal degree of encroachment of existing and potential uses in the flood plain and shall take into account the cumulative impact of such encroachment. One or more approaches may be used to prevent increased flood heights and velocities and damages to flood plain uses:

a) Location of structures, landfills, or other construction outside of the regulatory flood plain, thus preserving the flood plain for uses which have no significant effect on the storage and conveyance of flood waters.

b) Location of limited construction in the flood fringe in accordance with Subpart E so that construction will be in itself safe from flood damage and will preserve a regulatory floodway designed to store and discharge flood waters with no significant increases in flood stage.

c) Elevation of structures safely above the regulatory flood protection elevation by the use of elevating members.

17 Ill. Adm. Code 3706.210 Boundary of the Regulatory Flood Plain

a) The boundary of the regulatory flood plain is located where the ground surface elevation equals the regulatory flood elevation. This boundary is plotted on the State Flood Plain Map. Where interpretation is needed as to the exact location of the boundary (for example when there appears to be a conflict between a mapped boundary and actual field conditions), the regulatory flood elevation for the point in question shall be the governing factor in locating the boundary on the land. Anyone contesting the location of a boundary shall be given reasonable opportunity to submit his own technical evidence.

b) Determination of the regulatory flood protection elevation at any point along the stream shall be made from the regulatory flood profile.

17 Ill. Adm. Code 3706.220 Elevations

All elevations shown on the State Flood Plain Map and on the associated regulatory flood profiles shall refer to mean sea level (1929 adjustment) or other standard datum. The datum used shall be indicated.

History

• Source: Amended at 3 Ill. Reg. 29, p. 192, effective July 21, 1979

17 Ill. Adm. Code 3706.230 Unlawful Construction on Flood Plain

a) All construction including major structural modifications, additions, or replacement of existing structures shall be unlawful if undertaken on the herein defined regulatory flood plain after the effective date of this Part without a permit from the Department of Natural Resources. Permits will ordinarily be granted for construction which does not have significant flood damage potential and which will not increase present or future flood damages on upstream, downstream, or adjacent lands. No construction will be permitted which will singly, or cumulatively, cause significant increases in flood stage or velocity.

b) The principles included in this Part will be followed by the Department of Natural Resources in making permit approval decisions to meet the objectives of the regulation. These principles shall be used as guidelines rather than rigid specifications and the Department shall exercise such discretion in their application as may be necessary to produce reasonable decisions.

17 Ill. Adm. Code 3706.240 Compliance with Requirements

Before undertaking construction on the regulatory flood plain, an applicant shall comply with all requirements set forth in applicable local government ordinances with respect to submission and approval of preliminary and final subdivision plats, improvement plans, building and zoning permits, inspections, appeals and similar matters, as well as with those set forth in this Part and as may be required by Illinois statutes and regulations of other departments of the State of Illinois. Construction undertaken with receipt of a flood plain construction permit shall comply with all standard and special conditions of that permit.

17 Ill. Adm. Code 3706.250 Intention of Regulation

It is not intended by this Part to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. Where this Part imposes greater restrictions, the provisions of this Part shall prevail. Counties, cities and villages may adopt and enforce ordinances with greater restrictions than those of this Part.

17 Ill. Adm. Code 3706.260 Minimum Requirements

In their interpretation and application, the provisions of this Part shall be held to be minimum requirements and shall be liberally construed in favor of the State and shall not be deemed a limitation or repeal of any other State Statutes.

17 Ill. Adm. Code 3706.270 Degree of Flood Protection

a) The degree of flood protection required by this Part is considered reasonable for regulatory purposes and is based on engineering and scientific methods of study. Larger floods may occur on rare occasions. Flood stages may be increased by man-made or natural causes, such as ice jams and bridge openings restricted by debris. This Part does not imply that areas outside the regulatory flood plain or construction within such flood plain will be free from all flooding or flood damages.

b) This Part shall not create liability on the part of the Department of Natural Resources or any officer or employee thereof for any flood damages that result from reliance on this Part or any administrative decision lawfully made thereunder.

17 Ill. Adm. Code 3706.280 Severability

If any part of this Part is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this Part shall not be affected thereby.

17 Ill. Adm. Code 3706.310 Regulatory Flood

The regulatory flood generally has an average frequency of the 100-year recurrence interval flood, based on reasonable anticipated future urbanization of the watershed.

17 Ill. Adm. Code 3706.320 Maps and Drawings

At the time of implementation of this Part for an individual basin, maps showing the boundaries of the regulatory flood plain and the encroachment limits, and drawings showing the bottom profile, water surface profile of the regulatory flood and regulatory flood protection elevation profile shall be developed. These maps may be used as an aid in determining whether a specific parcel of land lies within or without the regulatory flood plain. The final decision, however, shall be based on the relation of the surveyed ground elevation and the appropriate regulatory flood elevation.

17 Ill. Adm. Code 3706.410 Determination of Regulatory Floodway

a) The regulatory floodway shall be determined as that portion of the flood plain required to store and discharge flood waters without causing significant damaging or potentially damaging increases in flood heights and velocities. It is the area subject to higher velocities and inundation with appreciable depths at frequent intervals.

b) The encroachment limits form the landward boundaries of the regulatory floodway. The encroachment limits are based on hydraulic analysis to define the outer portions of the flood plain which do not significantly contribute to conveyance or to valley storage.

17 Ill. Adm. Code 3706.420 Prohibited Construction

Construction which results in increased flood heights or velocities, or causes pollution, erosion, sedimentation, fire hazards, other hazards, or nuisances is prohibited.

17 Ill. Adm. Code 3706.430 Channel Relocation and Modification

Channel relocation and modification may be permitted provided conditions of Section 3706.650(a) are met.

17 Ill. Adm. Code 3706.440 Modifications, Additions or Replacement of Existing Structures

a) Modifications, additions, or replacement of existing structures which legally comply with all codes and regulations may be permitted so long as the new construction does not increase the flood damageable floor area (excluding basement floor area) of the existing structure by more than twenty (20) percent, and does not obstruct flood flows. Existing structures, as used in this Part, are structures in existence at the time the State Flood Plain Regulations become effective for the watershed in which the structure is located.

b) Floodproofing activities are permitted and encouraged, but must comply with Department and local floodproofing ordinances.

History

• Source: Amended at 2 Ill. Reg. 47, p. 89, effective November 27, 1978

17 Ill. Adm. Code 3706.510 Determination of Regulatory Flood Fringe

Where appropriate, the regulatory flood fringe shall be determined. The flood fringe, subject only to shallow inundation and low velocity flows, plays a relatively insignificant role in storing and discharging flood flows. Encroachment limits which form the channelward boundary of the flood fringe shall be determined using hydraulic engineering principles. Equal portions of conveyance shall be removed from each side of the flood plain.

17 Ill. Adm. Code 3706.520 Use of Flood Fringe

a) If computed as described in Section 3706.510 the flood fringe may be filled or otherwise used without significantly increasing flood heights, velocities or damages.

b) A wide range of uses may be permitted in the flood fringe providing such uses are protected to the regulatory flood protection elevation. Several methods may be used to provide this protection as specified in Section 3706.530. However, no use will be permitted which results in water pollution, increased sedimentation, internal drainage problems, increased threats of fire or other nuisance or threats to public safety. Protection of construction to the regulatory flood protection elevation must, in most instances, be provided through landfill. However, other methods of flood plain development which causes no significant increase in stage or velocity may be permitted if supported by adequate engineering data. Construction undertaken with a flood plain construction permit shall comply with the standard and special conditions of that permit.

c) Once an area has been filled or otherwise protected in compliance with an approved construction permit, subsequent construction within the protected area, above the regulatory flood protection elevation, may proceed without further permits if all local requirements such as zoning and building permits are met.

17 Ill. Adm. Code 3706.530 Providing Flood Protection

The following are acceptable methods for providing flood protection:

a) Permanent Landfills

Permanent landfills may be permitted as a means of providing safe construction sites, provided:

1. The landfill, except in exceptional circumstances, is contiguous with the boundary of the regulatory flood plain and shaped, in plan, so as not to create adverse velocities or current patterns.

2. The surface of the landfill is at or above the regulatory flood protection level.

3. The channelward face of the fill shall be protected against erosion. If protected by vegetative cover, slopes shall be no steeper than 3 horizontal to 1 vertical. Steeper slopes shall be protected by riprap. A vertical bulkhead may be used if adequately founded and protected against scour.

4. Fill shall be of such material and so compacted to provide adequate support under saturated conditions and shall be otherwise suitable for the use intended.

5. Adequate provision is made for conducting drainage across the fill.

b) Elevated Structures

Structures may be permitted provided:

1. The superstructure and its major access is raised above the regulatory flood protection elevation by elevating members.

2. The structure and its intended use will not be damaged by the regulatory flood.

3. The elevating members are designed to withstand saturated conditions, hydrostatic pressure, and to minimize scouring.

4. The size, shape, spacing, and alinement of elevating members are selected to minimize turbulence and deflection of current patterns, and to facilitate easy passage of ice and debris.

5. Superstructures and major access shall have low steel or low concrete at or above the regulatory flood protection elevation.

6. Utility services to the structure shall be elevated above the regulatory protection elevation or adequately floodproofed.

c) Structural floodproofing

Structural floodproofing will be permitted only in special circumstances where other techniques for flood protection are impossible or impractical. Floodproofing measures shall be designated consistent with the regulatory flood protection elevation for the particular area, flood velocities, durations, rate of rise, hydrostatic and hydrodynamic forces, and other factors associated with regulatory flood. The Department may require that the applicant submit a plan or document certified by a registered professional engineer that the floodproofing measures are consistent with the regulatory flood protection elevation and associated flood factors for the particular area. The following floodproofing measures may be required (without limitation because of specific enumeration):

1. Anchorage to resist flotation and lateral movement.

2. Installation of watertight doors, bulkheads, and shutters, or similar methods of construction.

3. Reinforcement of walls to resist water pressures.

4. Use of paints, membranes, or mortars to reduce seepage of water through walls.

5. Addition of mass or weight to structures to resist flotation.

6. Installation of pumps to lower water levels in structures.

7. Construction of water supply and waste treatment systems so as to prevent the entrance of floodwaters.

8. Pumping facilities or comparable practices for subsurface drainage systems for buildings to relieve external foundation wall and basement flood pressures.

9. Construction to resist rupture or collapse caused by water pressure or floating debris.

10. Installation of valves or controls on sanitary and storm drains which will permit the drains to be closed to prevent backup of sewage and storm waters into the buildings or structures. Gravity draining of basements may be eliminated by mechanical devices.

11. Location of all electrical equipment, circuits, and installed electrical appliances in a manner which will assure they are not subject to flooding and to provide protection from inundation by the regulatory flood.

12. Location of any structural storage facilities for chemicals, explosives, buoyant materials, flammable liquids or other toxic materials which could be hazardous to public health, safety, and welfare in a manner which will assure that the facilities are situated at elevations above the height associated with the regulatory flood protection elevation or are adequately floodproofed to prevent flotation of storage containers, or damage to storage containers which could result in the escape of toxic materials into floodwaters.

17 Ill. Adm. Code 3706.540 Floodproofing Activities

a) Modification, additions, or replacement of existing structures shall be permitted which do not increase the flood damageable floor area (excluding basement floor area) of the existing structure by more than twenty (20) percent. Existing structures, as used in this Part, are structures in existence at the time the State Flood Plain Regulations become effective for the watershed in which the structure is located.

b) Floodproofing activities are permitted and encouraged, but must comply with local floodproofing ordinances. Existing structures may be protected by levees or floodwalls.

History

• Source: Amended at 2 Ill. Reg. 47, p. 89, effective November 23, 1978

17 Ill. Adm. Code 3706.610 Temporary Fills

Temporary fills, such as cofferdams or fills used during construction, are permitted, provided the permittee assumes full liability for flood damages caused by the existence of the temporary fill. The Department may require the posting of a performance bond as a special condition of the permit.

17 Ill. Adm. Code 3706.620 Protection and Construction

a) When failure or interruption of service of roadways, bridges, or public utilities would endanger public health or safety, roadways, bridges, or public utilities shall be protected to the regulatory flood protection elevation. In other instances where only economic losses are threatened, protection shall be provided to the extent practical. For minor or auxiliary roads or utilities, a degree of protection less than the regulatory flood may be justified.

b) Anyone constructing roadways, bridges and public utilities within the regulatory flood plain shall either:

1. Provide waterway openings adequate to pass the regulatory flood with no increase in flood stage, or

2. Provide, through legal means, compensation for possible damage due to backwater effects. Usually, this option would require the following actions:

A) Establish backwater effects of preliminary hydraulic design of proposed bridge.

B) Estimate present and potential flood damages created by this backwater.

C) Successively repeat steps (A) and (B) to identify the optimum hydraulic design.

D) If the design of step (C) creates significant backwater, secure adequate land evaluation data and land ownership determinations to identify parcels affected.

E) Secure land rights-purchase, flowage easement, quitclaim, negotiated damages, etc. - as required to compensate those damaged.

c) The following provisions shall apply to all applicable construction:

1. Overhead crossings such as transmission lines shall be constructed in a manner which will provide adequate clearance above the regulatory flood protection elevation for navigation purposes.

2. Buried crossings such as pipelines shall be at least 3 feet below the channel bottom.

3. Modification, addition and replacement of existing roadways, bridges, and public utilities shall be permitted providing adequate compensation is made for the backwater effects of new flow obstructions.

17 Ill. Adm. Code 3706.630 Storage of Materials

Materials that are buoyant, flammable, explosive, or could be injurious to human, animal or plant life shall be stored at or above the regulatory flood protection elevation, floodproofed, or protected by structural measures consistent with the standards set forth herein. Storage of materials likely to cause water pollution, in the event of flooding, is prohibited unless adequate safeguards approved by the Illinois Environmental Protection Agency are provided.

17 Ill. Adm. Code 3706.640 Emergency Repairs

Emergency repairs and replacements which will not threaten public health or safety may be constructed without a permit. If the construction would normally require a permit, application for such permit must be made as soon as practical. Construction must be removed if it does not conform to State standards.

17 Ill. Adm. Code 3706.650 Government Projects

a) Government projects for flood damage control or other water management purposes authorized by law which do not meet the specific requirements but do not meet the intent of this Part will be permitted provided:

1. The project does not increase flood damage potential.

2. Any increase in flooding above, below, or through the project area is compensated by project design.

3. The plans, specifications and provisions for securing required land rights have been approved by the Department.

4. A sponsoring agency is authorized and has accepted full responsibility for operation, maintenance, and repair of the project.

b) For purposes of this Part, government projects are those undertaken by units of government which possess condemnation powers and which can reasonably be assumed to have an infinite life.

17 Ill. Adm. Code 3706.660 Evaluation of Existing Protection

a) Protection afforded by existing dikes, levees, floodwalls and similar structures will be evaluated during delineation of the regulatory flood plain. If the existing levee provides protection to the regulatory flood protection elevation, to include adequate freeboard, the boundary of the regulatory plain will be located channelward of the levee. Regulatory flood plains will then be delineated along interior streams, based on their regulatory flood discharge. If the existing levee does not provide protection to the regulatory flood protection elevation, the regulatory flood plain will be delineated as if the levee does not exist.

b) Construction of new levees may be permitted as a government project as provided in Section 3706.650. Protection must be provided equivalent to that provided by filling to the regulatory flood protection elevation.

17 Ill. Adm. Code 3706.710 Administration and Enforcement

The Office Director, Office of Water Resources, shall administer and enforce this Part. Permits will be executed by the Director of Natural Resources, based on the examination and recommended approval of the Office Director, Office of Water Resources.

17 Ill. Adm. Code 3706.720 Application for Permit

a) The Office of Water Resources form "Application for Permit" shall be used for applying for a permit for construction within a regulatory flood plain.

b) Where a permit is also required under any Section other than Section 65(f) of the Rivers, Lakes and Streams Act [615 ILCS 5], a single application shall suffice.

17 Ill. Adm. Code 3706.730 Application Submittal

a) Two completed copies of the application for permit and three sets of plans and specifications which provide sufficient information to determine the effect of the construction on the conveyance of flood waters must be submitted.

b) All required field surveys shall be conducted under the supervision of a Registered Professional Engineer or Registered Land Surveyor, and be so certified.

17 Ill. Adm. Code 3706.740 Special Conditions

When necessary to accomplish the purposes of this Part, special conditions may include deed restrictions, performance bonds or sureties, as-built certifications, maintenance guarantees, floodproofing requirements, fill, dike, or levee requirements, control of the design and location of structures, landscaping, and other specifications related to the accomplishment of the purpose of this Part. When as-built certification is included as a special condition, the required key elevations or critical dimensions will be specifically identified. The provisions of Section 3706.730(b) apply.

17 Ill. Adm. Code 3706.750 Coordination with Local Government Requirements

Procedures necessary to coordinate this flood plain regulation with existing permit requirements of applicable counties, cities, and villages will be established prior to implementation. Certification of compliance with local regulations may be required prior to permit issuance.

17 Ill. Adm. Code 3706.760 Notice of Application

The Office of Water Resources will provide notice of each application for construction in the regulatory floodway to appropriate regional planning commissions, county and municipal agencies and adjacent landowners, requiring objections to be filed within 21 days. However, the basis for final decision on permit issuance will be the principles stated in Subpart D and F, and compliance with local regulations.

17 Ill. Adm. Code 3706.810 Violations

Construction in violation of the standards established in this Part shall be prosecuted to the full extent of the enforcement powers of the Department of Natural Resources as provided in 615 ILCS 5/25.

17 Ill. Adm. Code 3706.910 Amending or Repealing This Part

The provisions of this Part may be amended or repealed in accordance with the Illinois Administrative Procedures Act [5 ILCS 100].

History

• Source: Amended at 3 Ill. Reg. 29, p. 192, effective July 21, 1979

17 Ill. Adm. Code 3706.920 Change of Regulatory Profile, Floodway, and Flood Plain

a) The regulatory profile, floodway, and flood plain shall not be changed on the basis of a proposed flood control structure or channel improvement. The regulatory profile, floodway, or flood plain may be changed after the structure or channel improvement is constructed and operative.

b) The regulatory profile, floodway, or flood plain shall not be changed unless it has been shown that the original delineation is in error or there are changed conditions which require modification of the original computations. Any person contesting the correctness of the delineation shall be given reasonable opportunity to submit his own technical evidence of error or changed conditions.

c) If the Department determines that such error or changed conditions exist, and would result in significant changes in the regulatory profile, floodway, or flood plain delineation, the Department will prepare appropriate exhibits indicating the proposed changes, and will make them available for public review. In addition, the Department will issue a public notice describing the proposed modifications and providing appropriate opportunity for public comment.

History

• Source: Amended at 3 Ill. Reg. 29, p. 192, effective July 21, 1979

17 Ill. Adm. Code 3706.1010 Variances

Variances from the regulatory flood protection elevation requirements of Sections 3706.520 and 3706.530 will be considered for structures which are insurable under the National Flood Insurance Program. Variances will be considered in accordance with the requirements of Title 24 CFR 1910.6(a). Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places or Illinois Historic Sites Survey without regard to the procedures set forth on this Article, if the reconstruction, rehabilitation, or restoration cannot be achieved without such variance.

History

• Source: Amended at 3 Ill. Reg. 29, p. 192, effective July 21, 1979

17 Ill. Adm. Code 3706.1020 Application for Variance

a) The applicant for a variance shall provide such information as the Department may require to determine whether the following requirements have been met:

1. The applicant must show good cause why the structure should not be required to comply with the regulatory flood protection requirements of Section 3706.520.

2. The applicant must demonstrate that exceptional economic hardship will result to the applicant without a variance from the regulatory flood protection elevation requirements of Section 3706.520.

3. The applicant must show that, except for increased flood damage potential necessarily arising from a variance, the construction otherwise will conform to the rules of the Department.

4. The applicant must show that the variance is the minimum necessary to afford relief.

5. The applicant must have obtained approval by the appropriate county or municipality of a variance conforming to 24 CFR 1910.6(a) for the structure, and the county or municipality must be a participant in good standing in the National Flood Insurance Program.

b) In order to show economic hardship, the applicant must establish that compliance with the regulatory flood protection elevation requirements of Section 3706.520 must result in an actual, identifiable increase in costs which significantly exceeds in equivalent terms an estimated reduction in

1. expected flood losses or

2. actuarial rate flood insurance premiums over the estimated useful life or economic life of the structure.

c) To assist the applicant in making such comparison, the Department shall, if requested by the applicant, provide a forecast for completion of an authorized flood control project for which the Department would subsequently amend the regulatory flood plain under Section 3706.920.

History

• Source: Amended at 3 Ill. Reg. 29, p. 192, effective July 21, 1979

17 Ill. Adm. Code 3706.1030 Increase Premium Rates

The applicant for a variance must state that he understands that the variance will result in increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage, and that the structure is subject to increased risks to life and property.

History

• Source: Amended at 3 Ill. Reg. 29, p. 192, effective July 21, 1979

17 Ill. Adm. Code 3706.1040 Permit Content

Every permit issued under the provisions of this Article shall contain a description of the variance, an estimate of the expected flood losses or actuarial rate flood insurance premiums, and a requirement for notice of the estimated flood losses or premiums to any prospective buyer.

History

• Source: Amended at 3 Ill. Reg. 29, p. 192, effective July 21, 1979

17 Ill. Adm. Code 3706.1110 Appeals

The report of the Department which establishes this flood plain regulation, and, subsequently, the issuance or denial of flood plain construction permits by the Department shall be considered final administrative decisions and are subject to judicial review in accordance with the provisions of the Administrative Review Law [735 ILCS 5/Art. III].

History

• Source: Amended at 3 Ill. Reg. 29, p. 192, effective July 21, 1979

17 Ill. Adm. Code 3706.1210 Definitions

Unless specifically defined below, words or phrases used in this Part shall be interpreted so as to give them the meaning they have in common usage and to give this Part its most reasonable application.

"Authorized Flood Control Project" – A project which all authorizations required by law for construction, including any required for expenditure of construction funds, have been secured.

"Channel" – A natural or artificial watercourse of perceptible extent, with definite bed and banks to confine and conduct continuously or periodically flowing water. The top of the banks form dividing lines between the channel and the overbank portion of the flood plain.

"Construction" – The placement or erection of structures or earthworks; land filling, excavation or other non-agricultural alternation of the ground surface; installation of public utilities; channel modification; storage of materials or any other activity undertaken to modify the existing physical features of a flood plain with respect to the storage and conveyance of flood waters.

"Conveyance" – Capacity of the valley cross section to discharge flood flows at the regulatory flood stage.

"Encroachment Limit" – A smoothed line based on hydraulic analysis indicating the maximum channelward encroachment which may be undertaken without significantly increasing flood stage. The encroachment limit forms the common boundary of the flood fringe and regulatory floodway. On small streams and steepwalled valleys, the encroachment limit may coincide with the boundary of the regulatory flood plain.

"Equal Degree of Encroachment" – A method of determining the location of encroachment limits so that flood plain lands on both sides of a stream are capable of conveying a proportionate share of flood flows. This is determined by considering the effect of encroachment on the hydraulic efficiency of the flood plain along both sides of a stream for a significant reach.

"Flood" – A temporary rise in stream level that results in inundation of areas not ordinarily covered by water.

"Flood Damage Potential" – Susceptibility to economic loss caused by flooding, such as inundation and damage to contents, structural damage, loss of occupancy or use, or interruption of normal services. Threats to health and safety such as contamination of public water supplies, danger of drowning or electrocution, interruption of emergency services caused by flooding, failure of on-site waste disposal, and blighting of structures. Nuisances to adjacent lands caused by sediment or erosion, or the flotation of materials which may jam bridges or litter other lands.

"Flood Fringe" – Those portions of the regulatory flood plain outside the regulatory floodway. Structures and fill placed within the flood fringe will not significantly increase flood stages. The flood fringe could be quite wide on large streams, quite small or nonexistent on small streams.

"Flood Plain" – That land adjacent to a body of water which has been or may be hereafter covered by flood water including but not limited to the regulatory flood.

"Pollution" – Pollution shall be as defined in the Environmental Protection Act [415 ILCS 5] or the Rules and Regulations enacted under that Act (35 Ill. Adm. Code).

"Regulatory Flood Plain" – That land adjacent to a body of water with ground surface elevation at and below the regulatory flood elevation.

"Regulatory Flood Profile" – A graph showing the relationship of water surface elevation of the regulatory flood to location along the stream.

Regulatory Flood Protection Elevation" – An elevation of one foot above the regulatory flood elevation which provides freeboard protection against ice jams, waves, and debris.

"Regulatory Flood Stage" – The water surface elevation to be expected during discharge of the regulatory flood.

"Regulatory Floodway" – That portion of the regulatory flood plain required to store and convey the flood water of the regulatory flood with no significant increase in stage.

"Storage" – The volume between the regulatory flood stage and the ground surface. The area measured on a valley cross section is a representation of the storage at that section.

History

• Source: Amended at 3 Ill. Reg. 29, p. 192, effective July 21, 1979

Part 3708 Floodway Construction in Northeastern Illinois

17 Ill. Adm. Code 3708.10 Purpose

The purpose of this Part is to provide rules governing construction and filling in the regulatory floodway of rivers, lakes and streams of Cook, DuPage, Kane, Lake, McHenry and Will Counties, excluding the City of Chicago so that periodic inundation will not:

a) Pose a danger to the general health and welfare of the user;

b) Require the expenditure of public funds;

c) Require the provision of public resources or disaster relief services (Section 18g of the Rivers, Lakes and Streams Act [615 ILCS 5]); and

d) Result singularly or cumulatively in greater flood damages or potential flood damages due to increases in flood stage or velocities or loss of flood storage.

17 Ill. Adm. Code 3708.20 Definitions

Unless specifically defined in this Section, words and phrases used in this Part shall be interpreted so as to give them the meaning they have in common usage.

"Act" − The Rivers, Lakes and Streams Act [615 ILCS 5].

"Application" − An application for a permit to authorize new construction in a regulatory floodway as required by this Part.

"Appropriate Use" − See Section 3708.70.

"Building" − A structure that is principally above ground and is enclosed by walls and a roof. This term includes a gas or liquid storage tank, a manufactured home, or a prefabricated building. This term also includes recreational vehicles and travel trailers to be installed on a site for more than 180 days.

"Conditional Approval of a Regulatory Floodway Map Change" − Preconstruction approval by the Department and FEMA of a proposed change to the floodway map. This preconstruction approval, pursuant to this Part, gives assurances to the property owner that once an appropriate use is constructed according to permitted plans, the floodway map can be changed, as previously agreed, upon review and acceptance of as-built plans. The Department will accept as-built plans which show the project was built in accordance with the permitted plans.

"Department" − The Illinois Department of Natural Resources.

"FEMA" − Federal Emergency Management Agency and its regulations at 44 CFR 65 effective as of October 1, 1988. This incorporation does not include any later editions or amendments.

"Flood Fringe" − That portion of the flood plain outside the regulatory floodway.

"Flood Plain" − That land adjacent to a body of water with ground surface elevations at or below the 100-year frequency flood elevation.

"Hydraulically Significant" − The length of a hydraulically significant portion of a watershed is determined by three factors; the drainage area of the watershed, the amount of flood plain storage in the regulatory floodway of the stream, and the impact flood plain storage has on reducing downstream flood heights. For example, on a stream with a small drainage area, with little flood plain storage, and little downstream impact, only one municipality may have to require effective compensatory storage. On larger streams, several communities may be involved.

"New Construction" − The construction of any new building or structure or the placement of any fill, material, or structure or regrading but does not include the repair, remodeling, or maintenance of buildings or structures in existence on November 18, 1987 (Section 18g of the Act).

"Office" − The Illinois Department of Natural Resources, Office of Water Resources.

"Public Flood Control Project" − A flood control project which will be operated and maintained by a public agency to reduce flood damages to existing buildings and structures which includes a hydrologic and hydraulic study of the existing and proposed conditions of the watershed. Nothing in this definition or this Part shall preclude the design, engineering, construction or financing, in whole or in part, of a flood control project under this Part by persons or parties who are not public agencies.

"Registered Land Surveyor" − A land surveyor registered in the State of Illinois, under the Illinois Professional Land Surveyor Act [225 ILCS 330].

"Registered Professional Engineer" − An engineer registered in the State of Illinois, under the Illinois Professional Engineering Practice Act [225 ILCS 325].

"Regulatory Floodway" − The channel and that portion of the floodplain adjacent to a stream or watercourse as designated by the Department pursuant to Section 18g of the Act, which is needed to store and convey the 100-year frequency flood discharge with no more than a 0.1 foot increase in stage due to the loss of flood conveyance or storage, and no more than a 10% increase in velocities (Section 18g of the Act).

"Repair, Remodeling or Maintenance" − Construction activities which do not result in any increases in the outside dimensions of a building or any changes to the dimensions of a structure.

"Structure" − The results of a man-made change to the land constructed on or below the ground, including the construction, reconstruction or placement of a building or any addition to a building; installing a manufactured home on a site, preparing a site for a manufactured home or installing a travel trailer on a site for more than 180 days; installing utilities, construction of roads or similar projects; construction or erection of levees, walls, fences, bridges or culverts; drilling, mining, filling, dredging, grading, excavating; and the storage of materials.

"Transition Sections" − are reaches of the stream or floodplain where water flows from a narrow cross-section to a wide cross-section or vice versa.

History

• Source: Amended at 38 Ill. Reg. 983, effective December 27, 2013

Chapter I Department of Natural Resources

Subchapter h Water Resources

Part 3708 Floodway Construction in Northeastern Illinois

17 Ill. Adm. Code 3708.30 Jurisdiction

a) Activities Requiring a Permit Under This Part

The following activities are subject to this Part and require a permit from the Department: New construction within the regulatory floodways in Cook, Dupage, Kane, Lake, McHenry and Will Counties, except for those areas which are within the City of Chicago (Section 18g of the Act).

b) Exempted Activities

The following activities are specifically exempt from this Part: repair, remodeling or maintenance of buildings or structures in existence as of November 18, 1987, (Section 18g of the Act).

c) Government Activities

Activities of the Department and all other state, federal and local units of government such as drainage districts, school districts, park districts, forest preserve districts, must comply with this Part.

17 Ill. Adm. Code 3708.40 General Provisions

a) It is not the intention of this Part to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. Where this Part imposes more stringent restrictions than existing easements, convenants, or deed restrictions, the provisions of this Part shall prevail.

b) In their interpretation and application, the provisions of this Part shall be held to be minimum requirements and shall not be deemed a limitation or repeal of any other State Statutes or rules or Department programs. For example, if the Department owns land to which these rules apply, lessees may be required to meet lease restrictions on proposed construction activities in addition to this Part.

c) This Part shall not create liability on the part of the Department or any officer or employee thereof for any flood damages that result from reliance on this Part or any administrative decision lawfully made thereunder.

d) If any part of this Part is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this Part shall not be affected thereby.

17 Ill. Adm. Code 3708.50 Regulatory Floodway Maps

The Department will compile and keep a list of all regulatory floodway maps it has designated. The list will indicate the source and date of each designated map. Each municipality and county will be given a list of designated regulatory floodway maps in effect in its jurisdiction. A copy of the list will be available for inspection in the Office of Water Resources at the Region 2 Office, 2050 West Stearns Road, Bartlett IL 60103.

History

• Source: Amended at 27 Ill. Reg. 7782, effective April 21, 2003

17 Ill. Adm. Code 3708.60 Delineation of the Regulatory Floodway

a) The regulatory floodway is defined based on a flood event that has a one percent annual chance of exceedence or an expected 100-year recurrence interval. The Department encourages, but does not require, that the 100-year frequency flood event be determined based on anticipated future land use in the watershed. When utilized, anticipated future land use should be based on adopted local or regional land use plans.

b) The boundary of the regulatory floodway is portrayed on Department regulatory floodway maps. To locate the regulatory floodway boundary on any site, the regulatory floodway boundary should be scaled off the regulatory floodway map and located on a site plan, using reference marks common to both maps. Where interpretation is needed to determine the exact location of the regulatory floodway boundary, the Office should be contacted for the interpretation.

c) The regulatory floodway boundaries are determined by hydraulic and hydrologic analyses, which calculate that portion of the flood plain which must be preserved to store and discharge floodwaters without causing damaging or potentially damaging increases in flood stage and flood velocities or loss of flood storage which would result singularly or cumulatively in more than a 0.1 foot increase in flood stage or a 10% increase in velocity.

d) The need to preserve storage when defining the regulatory floodway will be waived by the Department if all the municipalities and counties along a hydraulically significant portion of the watershed require effective compensatory storage for all construction and fill in the 100-year frequency flood plain. Effective compensatory storage requires flood plain storage volumes be replaced at the same flood frequency event as previously existed. Additionally, legal assurances such as easements must be provided so that the compensatory storage site will remain open to the stream system in order to allow flood waters to reach it.

e) Determination of the flood elevation at any point along the stream shall be made from the flood profile.

History

• Source: Amended at 38 Ill. Reg. 983, effective December 27, 2013

17 Ill. Adm. Code 3708.70 Permitting Appropriate Uses of the Regulatory Floodway

a) The Department will issue permits for appropriate uses of the regulatory floodway of which periodic inundation will not pose a danger to the general health and welfare of the user or require the expenditure of public funds or the provisions of public resources or disaster relief services (Section 18g of the Act) or result in increased flood stages due to the singular or cumulative loss of regulatory floodway storage or regulatory floodway conveyance or increase in flood velocities.

b) To receive a permit for work in the regulatory floodway, the proposed construction shall meet two criteria:

1. The proposed construction shall be an appropriate use of the regulatory floodway as defined in subsection (c); and

2. The proposed construction shall not reduce the regulatory floodway storage or conveyance and shall not increase regulatory floodway velocities.

c) Appropriate uses of the regulatory floodway that will be considered for permit issuance consist of construction, modification, repair, or replacement of:

1. Flood control structures, dikes, dams and other public works or private improvements relating to the control of drainage, flooding or erosion (Section 18g of the Act) or water quality or habitat for fish and wildlife (e.g. Section 3708.80(a)(3) and(4));

2. Structures or facilities relating to the use of, or requiring access to, the water or shoreline, such as pumping and treatment facilities, and facilities and improvements related to recreational boating, commercial shipping and other functionally dependent uses (Section 18g of the Act);

3. Storm and sanitary sewer outfalls;

4. Underground and overhead utilities;

5. Recreational facilities such as playing fields and trail systems including any related fencing built parallel to the direction of flood flows;

6. Detached Garages, storage sheds, or other non-habitable accessory structures to existing buildings that will not block flood flows. This does not include the construction or placement of any other new structures, (Section 18g of the Act) fill, building additions, buildings on stilts, fencing (including landscaping or plantings designed to act as a fence) and the storage of materials;

7. Bridges, culverts, roadways, sidewalks, railways, runways and taxiways and any modification thereto;

8. Parking lots built at or below existing grade where either:

A) the depth of flooding at the 100-year frequency flood event will not exceed 1.0 foot; or

B) the parking lot is for short-term outdoor recreational use facilities where the applicant agrees to restrict access during overbank flooding events and agrees to accept liability for all damage caused by vehicular access during all overbank flooding events;

9. Aircraft parking aprons built at or below ground elevation where the depth of flooding at the 100-year frequency flood event will not exceed 1.0 foot;

10. Regulatory floodway regrading, without fill, to create a positive slope toward a watercourse;

11. Flood proofing activities to protect existing structures such as, but not limited to, constructing water tight window wells, and elevating;

12. The replacement, reconstruction or repair of a damaged building, provided that the outside dimensions of the building are not increased, and provided that, if the building is damaged to 50% or more of the building's market value before it was damaged, the building will be protected from flooding to or above the 100-year frequency flood elevation; and

13. Modifications to an existing building that would not increase the enclosed floor area of the building below the 100-year frequency flood elevation, and which will not block flood flows including but not limited to, fireplaces, bay windows, decks, patios and second story additions.

d) The construction of an appropriate use below the 100-year frequency flood elevation will be considered permissible provided the proposed project meets the following criteria and is so stated in writing with supporting plans, calculations and data by a registered professional engineer or in the case of a federal project, by the federal agency:

1. In the case of the construction of a new bridge or culvert crossing and roadway approach, the proposed structure shall not result in an increase of upstream flood stages greater than 0.1 foot when compared to the existing conditions for all flood events up to and including the 100-year frequency event; or the upstream flood stage increases will be contained within the channel banks (or within existing vertical extensions of the channel banks) such as within the design protection grade of existing levees or flood walls or within recorded flood easements; or a flood control project is built to mitigate the increased backwater due to the structure.

2. In the case of bridge and culvert reconstruction or modification, the bridge or culvert and roadway approach reconstruction or modification shall be constructed with no more than 0.1 foot increase in backwater over the existing flood profile for all flood frequencies up to and including the 100-year event, if the existing structure is not a source of flood damage. The proposed construction shall meet the following criteria:

A) The proposed structure, including approach roads, does not result in an increase in upstream stages for normal and flood flows when compared to the existing structure.

B) On publicly navigated waterways, the proposed structure is not an obstruction to navigation.

C) The determination as to whether the existing structure is a source of flood damage shall be made according to the following method:

i) Determine the increase in upstream flood profile due to the existing bridge or culvert by calculation or from the flood study used to delineate the regulatory floodway for all reported flood profiles up to and including the 100-year flood.

ii) Determine if there are any buildings or structures located in the 100-year flood plain upstream of the existing bridge or culvert that may be subjected to flooding. The upstream flood plain shall be checked for the length of stream required for the backwater impacts due to the existing bridge or culvert to be reduced to 0.1 foot or less.

iii) Collect the low opening elevations or lowest damageable elevations of the upstream buildings and structures as identified in subsection (d)(2)(c) (ii), above. Determine if any buildings or structures are subject to inundation by the 100-year frequency flood event.

3. In the case of bridge or culvert reconstruction and modification, if the existing bridge or culvert and roadway approach is a source of flood damage to buildings or structures in the upstream flood plain, based on the above review, the applicant's engineer must evaluate the feasibility of redesigning the structure to reduce the existing backwater, taking into consideration the effects on flood stages on upstream and downstream properties.

A) The applicant's engineer must submit to the Department his or her evaluation to justify why the proposed structure should be designed to allow an increase in the upstream flood stage of more than 0.1 foot when compared to a flood stage without the existing bridge or culvert or roadway approach in place for all flood events up to and including the 100-year frequency event.

B) The evaluation shall also consider the feasibility of containing the upstream flood stage increases within the channel banks (or within existing vertical extensions of the channel banks such as within the design protection grade of existing levees or flood walls), or within recorded flood easements; or constructing a flood control project to mitigate the increased backwater due to the structure.

4. In the case of any other on-stream structure built for the purpose of backing up water in the stream during normal or flood flows, but not permitted as a dam according to 17 Ill. Adm. Code 3702 (Construction and Maintenance of Dams), the proposed structure shall not result in an increase of upstream flood stages greater than 0.0 foot when compared to the existing conditions, for all flood events up to and including the 100-year frequency event; or the upstream flood stage increases will be contained within the channel banks (or within existing vertical extensions of the channel banks) such as within the design protection grade of existing levees or flood walls or within recorded flood easements; or a flood control project is built to mitigate the increased backwater due to the structure.

5. In the case of the construction of appropriate uses other than bridge or culvert crossings, on-stream structures or dams, all effective regulatory floodway conveyance lost due to the project will be replaced for all flood events up to and including the 100-year frequency flood. In calculating effective regulatory floodway conveyance, the following factors must be taken into consideration:

A)

Regulatory flood way conveyance,

K

=

1.486 AR (⅔)

n

where "n" is Manning's roughness factor, "A" is the effective area of the cross-section, and "R" is the ratio of the area to the wetted perimeter. (See Open Channel Hydraulics, Ven Te Chow, 1959 Edition, McGraw-Hill Book Company, New York, New York. This incorporation contains no later editions or amendments).

B) The same Manning's "n" value shall be used for both existing and proposed conditions unless a recorded maintenance agreement with a federal, state or local unit of government can assure the proposed conditions will be maintained or the land cover is changing from a vegetative to a non-vegetative land cover.

C) Transition sections must be provided and used in calculations of effective regulatory floodway conveyance. The following expansion and contraction ratios shall be used unless an applicant's engineer can prove to the Department through engineering calculations and model tests that more abrupt transitions may be used with the same efficiency:

i) When water is flowing from a narrow section to a wider section, the water should be assumed to expand no faster than at a rate of one foot horizontal for every four feet of the flooded stream's length.

ii) When water is flowing from a wide section to a narrow section, the water should be assumed to contract no faster than at a rate of one foot horizontal for every one foot of the flooded stream's length.

iii) When expanding or contracting flows in a vertical direction, a minimum of one foot vertical transition for every ten feet of stream length shall be used.

iv) Transition sections shall be provided between cross-sections with rapid expansions and contractions and when meeting the regulatory floodway delineation on adjacent properties.

v) All cross-sections used in the calculations must be located perpendicular to flood flows.

6. For all appropriate uses, compensatory storage shall be provided for any regulatory floodway storage lost due to the proposed work from the volume of fill or structures placed and the impact of any related flood control projects. Artificially created storage lost due to a reduction in head loss behind a bridge shall not be required to be replaced. The compensatory regulatory floodway storage must be placed between the proposed normal water elevation and the proposed 100-year flood elevation. All regulatory floodway storage lost below the existing 10-year flood elevation must be replaced below the proposed 10-year flood elevation. All regulatory floodway storage lost above the existing 10-year flood elevation must be replaced above the proposed 10-year flood elevation. If the compensatory storage will not be placed at the location of the proposed construction, the applicant's engineer must demonstrate to the Department through a determination of flood discharges and water surface elevations that the compensatory storage is hydraulically equivalent.

7. For all appropriate uses, except bridges or culverts or on-stream structures, the proposed work will not result in an increase in the average channel or regulatory floodway velocities. However in the case of bridges or culverts or on-stream structures built for the purpose of backing up water in the stream during normal or flood flows, velocities may be increased at the structure site if scour, erosion and sedimentation will be avoided by the use of rip-rap or other design measures.

8. When excavation is proposed in the design of the bridge and culvert openings, including the modifications to and replacement of existing bridge and culvert structures, or to compensate for lost conveyance for other appropriate uses, transition sections must be provided for the excavation. The following expansion and contraction ratios shall be used unless an applicant's engineer can prove to the Department through engineering calculations and model tests that more abrupt transitions may be used with the same efficiency:

A) When water is flowing from a narrow section to a wider section, the water should be assumed to expand no faster than at a rate of one foot horizontal for every four feet of the flooded stream's length;

B) When water is flowing from a wide section to a narrow section, the water should be assumed to contract no faster than at a rate of one foot horizontal for every one foot of the flooded stream's length; and

C) When expanding or contracting flows in a vertical direction, a minimum of one foot vertical transition for every ten feet of stream length shall be used.

9. If the 100-year regulatory floodway elevation at the site of the proposed construction is affected by backwater from a downstream receiving stream with a larger drainage area, the proposed construction shall be shown to meet the requirements of this section for the 100-year frequency flood elevations of the regulatory floodway conditions and conditions with the receiving stream at normal water elevations. However, for bridge and culvert construction or reconstruction, a smaller bridge or culvert may be built if it can be demonstrated to the Department that the proposed structure would meet the requirements of this section for the 100-year frequency flood elevation of the regulatory floodway flood study profile and would not be a source of flood damage as determined according to the method described in subsections (d)(2)(C)(i)-(iii), to any existing upstream building or structure when analyzed as follows:

The proposed bridge or culvert shall be analyzed for a 100-year flood frequency flow on the tributary stream and for all tailwater elevations on the receiving stream between and including the normal water elevation and the 10-year flood frequency elevation.

10. If an applicant learns from the Department, local government or a private owner that a downstream restrictive bridge or culvert is scheduled to be removed, reconstructed, modified, or a public flood control project is scheduled to be built within the next five years, the proposed construction shall be analyzed and shown to meet the requirements of this Section for both the existing conditions and the expected flood profile conditions when the bridge, culvert or flood control project is built.

11. In the case of flood proofing activities, if construction is required beyond the outside dimensions of an existing building, the flood proofing construction shall be placed as close as possible to the existing building and be the minimum width necessary to protect the building. Compensation of lost storage and conveyance will not be required for flood proofing activities.

12. For public flood control projects (as defined in Section 3708.20), the permitting requirements of this Section will be considered met if the applicant can demonstrate to the Department through hydraulic and hydrologic calculations that the proposed project will not singularly or cumulatively result in increased flood heights outside the project right-of-way or easements for all flood events up to and including the 100-year frequency event.

13. If the appropriate use would result in a change in the regulatory floodway location or the 100-year frequency flood elevation, the applicant shall submit to the Department and to FEMA all the information, calculations and documents necessary to be issued a conditional regulatory floodway map revision and receive from the Department a conditional approval of the regulatory floodway change before a permit is issued. However, the final regulatory floodway map will not be changed by the Department until as-built plans are submitted and accepted by FEMA and the Department. In the case of non-government projects, the municipality in incorporated areas and the county in unincorporated areas must concur with the proposed conditional regulatory floodway map revision before Department approval can be given.

14. All engineering analyses shall be performed by or under the supervision of a registered professional engineer, except in the case of a federal project.

15. All dams, as defined by 17 Ill. Adm. Code 3702, shall meet the permitting requirements of Part 3702 (Construction and Maintenance of Dams).

History

• Source: Amended at 18 Ill. Reg. 11284, effective July 5, 1994

17 Ill. Adm. Code 3708.80 Changes to the Regulatory Floodway

a) The 100-year frequency flood profile and regulatory floodway shall not be changed by the Department unless one of the following has occurred:

1. The original regulatory floodway delineation is shown by the applicant's engineer to be in error based upon a review of physical data or the mathematical model;

2. There are changed conditions such as changes in land use or modifications to the ground elevations which require modification of the original regulatory floodway computations;

3. A public flood control project has been constructed and is operable; or

4. The unit of local government exercising zoning control over an area within its corporate limits proposes or concurs in the proposal that the floodway storage or conveyance be relocated to facilitate development and a unit of local government will either:

A) Assume responsibility to operate and maintain any modifications or improvements made to relocate the floodway; or

B) Have the right and will agree, upon default of the party primarily responsible for such operation and maintenance, to undertake such operation and maintenance.

b) Any person contesting the correctness of the delineation shall be given an opportunity to submit his or her own technical evidence of error or changed conditions. The Department will review the technical evidence to determine the correctness of the delineation.

c) Effective regulatory floodway conveyance or storage can be relocated by moving the regulatory floodway delineation onto the existing flood fringe property if the following criteria are met:

1. It must be shown through engineering calculations that the new regulatory floodway storage or conveyance gained effectively compensates for lost regulatory floodway storage or conveyance;

2. If the affected property is other than the applicant's or is subdivided or proposed to be subdivided, convenants shall be obtained and recorded on the affected properties to assure that they are maintained with the existing and future owner's agreement as regulatory floodway storage or conveyance areas;

3. The regulatory floodway map is revised to include the new area as regulatory floodway; and

4. A notice of such regulatory floodway map change is recorded with the affected parcel in the county recorder's office.

d) After receipt of conditional approval of the regulatory floodway change and issuance of a permit, construction as necessary to change the regulatory floodway designation may proceed but no buildings or structures or other construction that is not an appropriate use may be placed in that area until the regulatory floodway map is changed. The regulatory floodway map will be revised upon acceptance by the Department and FEMA of the "as-built" plans.

e) The Department may require deed restrictions, performance bonds or sureties, as-built certification or maintenance guarantees to assure projects are built according to permitted plans.

f) All field surveys as required by this Part shall be conducted under the supervision of a registered professional engineer or registered land surveyor, and shall be so sealed. All required engineering analyses shall be conducted under the supervision of a registered professional engineer or in the case of a federal project, by the federal agency and shall be so sealed or stated.

History

• Source: Amended at 13 Ill. Reg. 8667, effective May 23, 1989

17 Ill. Adm. Code 3708.90 Delegation to Municipalities and Counties

a) No unit of local government, including home rule units, may issue a building permit or other apparent authorization for any prohibited new construction within the regulatory floodway (Section 18g of the Act).

b) The Department will delegate to municipalities within incorporated areas and to counties within unincorporated areas the Department's authority to issue permits in accordance with this Part for non-governmental activities, upon determination by the Office that the following conditions have been met:

1. The municipality or county is participating in the regular phase of the National Flood Insurance Program;

2. The municipality or county has enacted an ordinance that adopts requirements at least as restrictive as this Part; and

3. The municipality or county has enacted an ordinance which requires that all proposed regulatory floodway projects are reviewed under the supervision of a registered professional engineer under the employ or contract of the municipality or county and, in the case of appropriate uses, so stated in writing by that registered professional engineer to meet the specific requirements of Section 3708.70.

c) A completed permit application form must be submitted to the Department for regulatory floodway construction activities proposed in a delegated municipality or county. The Department will review the application to determine if the proposed activity qualifies for review by the delegated municipality or county pursuant to subsection (j). When the Department determines a regulatory floodway construction activity does qualify, it will notify the delegated community in writing that it has the authority to review and, if appropriate, authorize the activity for compliance with this Part. This process is subject to a permit application review fee as described in Section 3708.115.

d) The only permits a municipality or county may issue for new construction in a regulatory floodway are for appropriate uses as defined by Section 3708.70.

e) If the proposed appropriate use will require a regulatory floodway delineation change or will change the flood stage elevation, the municipality or county shall require that the applicant obtain a conditional approval of the regulatory floodway map change from the Department and FEMA before a permit is issued for the appropriate use.

f) No buildings or structures or other construction that is not an appropriate use shall be placed in a designated regulatory floodway until the designated regulatory floodway map has been revised to remove the building site from the regulatory floodway. A conditional approval of a regulatory floodway map change is not a change in the regulatory floodway map. After completing a project which will result in a regulatory floodway map revision, the applicant must submit "as built" plans to the Office and FEMA to revise the regulatory floodway map. The municipality or county will then be notified by the Department or FEMA when the regulatory floodway map has been changed, at which time a building permit may be issued.

g) No municipality or county shall issue a variance not in compliance with this Part.

h) Municipalities and counties may adopt and enforce ordinances with greater restrictions than those of this Part.

i) If a municipality or county issues a regulatory floodway development permit not in accordance with this Part or fails to meet the criteria listed in subsections (b)(1) through (3), the Department will rescind the municipality's or county's authority to administer the Department's regulatory floodway permit program for appropriate uses.

j) The following shall not be delegated to municipalities and counties as part of this Section and shall be subject to Department review or Department permits:

1. Department permits shall be issued to organizations that are exempt from the municipality's or county's ordinance.

2. The Department will permit Department projects, dams (as defined by 17 Ill. Adm. Code 3702) and all other state, federal or local unit of government projects, including projects of the municipalities and counties.

3. The Department will permit construction and other activities in public bodies of water pursuant to 17 Ill. Adm. Code 3704.

4. The Department will review an engineer's determination that an existing bridge or culvert is not a source of flood damage pursuant to Section 3708.70.

5. The Department will review an engineer's determination that a proposed bridge affected by backwater from a downstream receiving stream may be built with a smaller opening pursuant to Section 3708.70.

6. The Department will retain its authority to accept alternative transition sections and hydraulically equivalent storage as indicated in Section 3708.70.

History

• Source: Amended at 38 Ill. Reg. 983, effective December 27, 2013

17 Ill. Adm. Code 3708.100 Violations

a) All construction undertaken in a regulatory floodway without a permit, or contrary to a permit issued in accordance with this Part, shall be unlawful and the Department or any affected municipality or county will proceed to obtain injunctive relief for abatement or removal of such unlawful construction. The Department will record in the appropriate county recorder's office a notice on each parcel on which a violation exists, and the results of investigations and any hearings conducted and subsequent orders issued to resolve the violation.

b) Municipalities and counties are responsible for pursuing all necessary enforcement procedures to resolve any regulatory floodway violations of their flood plain ordinance.

c) Department employees may be requested by municipalities or counties, without subpoena, to testify in legal proceedings regarding violations of this Part.

17 Ill. Adm. Code 3708.110 Permit Application

Applicants for permits shall submit the following information and materials. For projects involving construction at more than one location, separate permit applications shall be submitted for each location.

a) Application Form

1. Applications for permit shall be made by submitting a completed application for permit form furnished by the Department. As a minimum, the following information shall be provided:

A) Name and address of applicant;

B) Site location (including legal description) of the property, drawn to scale, on the regulatory floodway map, indicating whether it is proposed to be in an incorporated or unincorporated area;

C) Name of stream or body of water affected;

D) Description of proposed activity;

E) Statement of purpose of proposed activity;

F) Anticipated dates of initiation and completion of activity;

G) Names and mailing addresses of the owner of the subject property if different from the applicant; and

H) Signature of applicant or the applicant's agent.

2. Other requirements related to the application form include:

A) If the applicant is a corporation, the president or other authorized officer shall sign the application form;

B) If the applicant is a county, city or other political subdivision, the application form shall be signed by an authorized officer;

C) If the applicant is a partnership, each partner shall sign the application form; and

D) If the applicant is a land trust, the trust officer shall sign the name of the trustee by him (her) as trust officer. A disclosure affidavit must be filed with the application, identifying each beneficiary of the trust by name and address and defining the respective interests in the trust.

b) Permit Application Fee

The application fees are described in Section 3708.115.

c) Plan and Data Requirements

1. Plans of the proposed activity shall be provided that include as a minimum:

A) A vicinity map showing the site of the activity, name of the waterway, boundary lines, names of and distance of nearest town, community or other identifying location, names of roads in the vicinity of the site, graphic or numerical scale, and north arrow;

B) A plan view of the project and engineering study reach showing existing and proposed conditions including principal dimensions of the structure or work, elevations in mean sea level (1929 adjustment) datum, adjacent property lines and ownership, drainage and flood control easements, distance between proposed activity and navigation channel (when the proposed construction is along a commercially navigable body of water), regulatory floodway limit, flood plain limit, location and orientation of cross-sections, north arrow, and a graphic or numerical scale;

C) Cross-section views of the project and engineering study reach showing existing and proposed conditions including principal dimensions of the work as shown in plan view, existing and proposed elevations, normal water elevation, 10-year frequency flood elevation, 100-year frequency flood elevation, and graphic or numerical scales (horizontal and vertical);

D) A seeding or stabilization plan for the disturbed areas; and

E) A copy of the regulatory floodway map, marked to reflect any proposed change in the regulatory floodway location.

2. Engineering calculations and supporting data shall be submitted showing that the proposed work will meet the permit criteria of Section 3708.70.

3. If the regulatory floodway delineation or base flood elevation will change due to the proposed project, the application will not be considered complete until the Department has indicated conditional approval of the regulatory floodway map change and the completed request for the regulatory floodway map change has been submitted to FEMA.

History

• Source: Amended at 38 Ill. Reg. 983, effective December 27, 2013

17 Ill. Adm. Code 3708.115 Permit Application Fee

a) If a permit is required for the activity proposed and is not already permitted by a Regional Permit or Statewide Permit authorization (see Section 3708.170), permit applicants must pay a non-refundable permit application review fee. The fee will be determined by the Department, and the applicant shall be notified of that determination immediately after review of the application. When appropriate and when it is in the best interest of the State, the Department may enter into agreements to allow other State agencies to offset the cost of fees by providing in-kind services in lieu of cash payments. As outlined in this subsection (a), the review fee shall be calculated based on the determination of the base review fee, the application of an escalation adjustment factor, and the addition of review fees from any other applicable regulations. Further processing of the application shall not be initiated until the review fee is received.

1. The base review fee shall be as follows:

A) $200 for appropriate uses that qualify for review by a delegated municipality or county in accordance with Section 3708.90; or

B) $200 for previously permitted appropriate uses requiring new permit authorization in accordance with Section 3708.175 and not involving any changes from the previously permitted activity; or

C) $500 for appropriate uses that comply with the terms and conditions of a general permit in accordance with Section 3708.160; or

D) $1000 for appropriate uses that the Department determines would not require review of a hydrologic and/or hydraulic analysis to demonstrate compliance with the standards listed in Section 3708.70(d); or

E) $3000 for appropriate uses such as certain bridge/culvert crossings, public flood control projects, and other major floodway construction and/or changes to the regulatory floodway that the Department determines will require review of a hydrologic and/or hydraulic analysis to demonstrate compliance with the standards listed in Section 3708.70(d) and/or Section 3708.80. The base review fee shall be increased an additional $1500 for applications requiring public notice in accordance with Section 3708.120.

2. Annual Escalation Adjustment

A) The review fee amounts in subsection (a)(1) shall be adjusted on July 1 each year to account for inflation. The U.S. Bureau of Labor Statistics' Consumer Price Index Table for all urban consumers (CPI-U), U.S. city average, all items, base period 1982-1984 = 100 (Series ID: CUUR0000SA0) (available on the U.S. Bureau of Labor Statistics' website) shall be used to calculate the adjustment factor. The adjustment factor shall be directly proportional to the change in the CPI index since June 2013 and shall be calculated according to the following formula:

Adjustment factor

=

CPI (May of current year)

CPI (June 2013)

B) The base fee amounts in subsection (a)(1) shall be multiplied by the escalation adjustment factor and rounded to the nearest $10 to compute the review fee for the coming fiscal year (July 1 through June 30). The review fee shall be capped at $5000. The dollar amounts that result from these calculations will be posted on the Department's website at: www.dnr.illinois.gov.

3. Review Fee for Multiple-Regulation Projects

If the construction activity being applied for also requires authorization under 17 Ill. Adm. Code 3702 (Rules for Construction and Maintenance of Dams) and/or 17 Ill. Adm. Code 3704 (Regulation of Public Waters), the review fee for each Part shall be added to calculate the total review fee. The review fee shall be capped at $5000.

b) Submission of Fees

1. Except when possible through electronic fee submittal, the applicant shall submit the required fee amounts in the form of a check or money order made payable to the Illinois Department of Natural Resources.

2. If the review fee is not received within 90 days after the Department's notification of the amount of the fee, the application shall be withdrawn. A new application and review fee will need to be submitted to restart the application process.

3. Insufficient payment or failure of a fee payment to clear the bank it is

drawn against will result in the automatic withdrawal of the application.

4. All fees shall be deposited into the State Boating Act Fund (see 615 ILCS 5/35).

c) Refund of Permit Application Fees

Except for refunding of overpayments, permit application fees shall not be refunded. Application fees are tendered for consideration of the application only and do not imply any promise of permit issuance by the Department.

History

• Source: Amended at 39 Ill. Reg. 1176, effective December 31, 2014

17 Ill. Adm. Code 3708.120 Public Notice

a) The Department will issue public notices for proposed regulatory floodway map revisions and projects in public waters.

b) The notice will allow a period of at least twenty-one days for the submission of comments. The notice will contain a description of the proposed action, its location, the name of the applicant and the name of a Department contact. Notices will be mailed to the following:

1. Owners of adjacent upstream, downstream and potentially affected property;

2. Affected state and federal agencies;

3. Local officials of potentially affected communities and governmental agencies, including the Northeastern Illinois Planning Commission;

4. Adjacent states when interstate waters are involved; and

5. The applicant.

c) Failure to mail notices to all of the persons listed in subsection (a) shall not affect the substantive or procedural rights of any affected party who has received actual notice of the application.

d) Objections received relevant to the criteria in this Part will be forwarded to the applicant for resolution. The applicant shall advise the Department of the resolution or, if resolution cannot be achieved, of his or her views regarding the validity of the objections.

17 Ill. Adm. Code 3708.130 Public Hearings

The Department will hold a public hearing to solicit information regarding a proposed regulatory floodway map change when the Department deems a public hearing to be the most timely means of receiving the information required to make a decision. Public hearings will be conducted by a hearing officer appointed by the Department and an official transcript will be made. The Department may use the records and findings of other agency hearings in its own review.

17 Ill. Adm. Code 3708.140 Time to Permit Issuance; Emergency Authorizations; Duration; Revisions

a) If permit authority has not been delegated to a municipality or county, the Department, pursuant to Sections 3708.70 and 3708.110, will either grant approval or approval with conditions or deny an application for permit within 90 days after receipt of a complete application (or 150 days in the event a hearing is held) unless a longer time period is requested in writing by the applicant. If the Department has not approved the application within these time limits, the application will be deemed denied. The time limit for final Department action on a permit application will be computed from the date on which the Department has received all information required in Section 3708.110. If additional data or revised plans are required by the Department, the time between the request and receipt of the requested material will not be counted in these time periods. Also, the time required for resolution of relevant objections (see Section 3708.120) will not be counted in these time periods.

b) The Department will issue an emergency permit after receipt of a properly executed application form (including an explanation of why the work to be performed is of an emergency nature) and plan sheets describing the work if harm to life or loss of property is likely to occur if initiation of the activity is delayed. An applicant for an emergency permit is deemed to have agreed to make modifications, at his or her own expense, required by the Department if the work does not comply with Section 3708.70, based upon completion of a review and on comments received during the public comment period, to bring the activity into compliance with this Part.

c) Permits will be valid until December 31 of the third year following the date of permit issuance, unless the Department determines that the proposed work must be completed sooner, such as in the case of work to correct a violation. Upon the written request of the applicant, permits may be granted for longer periods of time if the expected construction period exceeds three years.

d) If the permitted activity is not completed by the expiration date of the permit, the permittee shall submit a written request that the expiration date be extended if the permittee intends to pursue the permitted activity. Upon receipt of the request, the Department will extend the expiration date if the permitted activity is in compliance with the rules of the Department at the time of the request.

e) If, after permit issuance, the permittee decides to revise the approved plans, the permittee shall submit those revised plans to the Department, along with a written request for approval. If the Department determines that the revised plans are in compliance with this Part, an approval of revised plans will be issued to the permittee.

History

• Source: Amended at 38 Ill. Reg. 983, effective December 27, 2013

17 Ill. Adm. Code 3708.150 Permit Conditions

a) Permits issued under this Part will contain the following standard conditions:

1. This permit is granted in accordance with the Rivers, Lakes and Streams Act [615 ILCS 5].

2. This permit does not convey title to the permittee or recognize title of the permittee to any submerged or other lands, and furthermore, does not convey, lease or provide any right or rights of occupancy or use of the public or private property on which the activity or any part thereof will be located, or otherwise grant to the permittee any right or interest in or to the property, whether the property is owned or possessed by the State of Illinois or by any private or public party or parties.

3. This permit does not release the permittee from liability for damage to persons or property resulting from the work covered by this permit, and does not authorize any injury to private property or invasion of private rights.

4. This permit does not relieve the permittee of the responsibility to adhere to the National Flood Insurance Program flood plain development regulations or to obtain other federal, state or local authorizations required for the construction of the permitted activity; and if the permittee is required by law to obtain approval from any federal, local or other state agency to do the work, this permit is not effective until the required federal, state and local approvals are obtained.

5. The permittee shall, at the permittee's own expense, remove all temporary piling, cofferdams, false work and material incidental to the construction of the project from the regulatory floodway, river, stream or lake in which the work is done. If the permittee fails to remove such structures or materials and if the structure or materials cause an obstruction to normal and flood flows and a loss of flood storage, the Department will have removal made at the expense of the permittee.

6. The execution and details of the work authorized shall be subject to the supervision and approval of the Department. Department personnel or their designee shall have right of access to accomplish this purpose.

7. Starting work on the activity authorized will be considered full acceptance by the permittee of the terms and conditions of the permit.

8. The Department in issuing this permit has relied upon the statements and representations made by the permittee and his or her agents; if any substantive statement or representation made by the permittee and his or her agents is found to be false, the permit will be revoked; and when a permit is revoked all rights of the permittee under the permit are voided.

9. If the activity authorized by this permit is located along a meandered lake, the permittee and the permittee's successors shall make no claim to any interest in any accretions caused by the activity.

10. In issuing this permit, the Department does not approve the adequacy of the design or structural strength of the structure or improvement.

11. Noncompliance with the conditions of this permit will be considered grounds for revocation.

b) In addition, the Department will impose special conditions, such as specifying time limits, as required to assure compliance with this Part.

17 Ill. Adm. Code 3708.160 General Permits

The Department will, for the purpose of providing more expeditious processing of permit applications, issue general permits pertaining to specific types of activities, such as minor bank stabilization projects and utility crossings, meeting such conditions as necessary to assure compliance with the purpose and intent of this Part. General permits may be applicable on a regional basis or may be restricted to specified rivers, lakes and streams, or reaches of rivers and streams. Subsequent to the issuance of a general permit, individual applications must still be submitted but authorizations will be granted for activities meeting all of the terms and conditions of the general permit without notice or interagency coordination. General permits will be issued only after notice and opportunity for public review and comment.

17 Ill. Adm. Code 3708.170 Regional Permits and Statewide Permits

The Department will, by issuance of a regional permit or statewide permit, grant approval for specific types of activities that do not singularly or cumulatively increase flood stage or flood velocities. Subsequent to the issuance of a regional permit or statewide permit, no application or further authorization will be required by the Department for activities meeting the terms and conditions of the regional permit or statewide permit. Regional permits and statewide permits will be issued only after notice and opportunity for public review and comment.

History

• Source: Amended at 38 Ill. Reg. 983, effective December 27, 2013

17 Ill. Adm. Code 3708.175 Permits Not Transferrable

Permits issued pursuant to this Part are not transferrable. If the property rights for the grounds on which the project will be located are transferred before the authorized construction is completed, the new entity must apply for a permit under its name. The application for permit may incorporate by reference all information from the previous permit that is determined by the Department to be pertinent to the new application.

History

• Source: Added at 38 Ill. Reg. 983, effective December 27, 2013

17 Ill. Adm. Code 3708.180 Final Administrative Decisions

The approval or denial of applications for permit under this Part shall be considered final administrative decisions and are subject to judicial review in accordance with the Administrative Review Law [735 ILCS 5/Art. III].

History

• Source: Amended at 13 Ill. Reg. 8667, effective May 23, 1989

17 Ill. Adm. Code 3708.190 Effective Date

Applications for permits received subsequent to the effective date of this Part will be reviewed pursuant to the provisions of this Part.

17 Ill. Adm. Code 3710.10 Purpose

This Part is adopted to meet the requirements of 615 ILCS 5/18(k) of the Rivers, Lakes and Streams Act and to comply with the rules and regulations of the Federal Emergency Management Agency's National Flood Insurance Program codified as 44 CFR 59 to 60, as amended.

17 Ill. Adm. Code 3710.15 Definitions

For the purposes of this Part, the following definitions are adopted:

"Accessory Structure" means a non-habitable building, used only for parking of vehicles or storage, that is on the same parcel of property as the principal building, and which is incidental to the use of the principal building.

"Agricultural Structure" means a walled and roofed structure used exclusively for agricultural purposes or uses in connection with the production, harvesting, storage, raising, or drying of agricultural commodities and livestock, including aquatic organisms. Structures that house tools or equipment used in connection with these purposes or uses are also considered to have agricultural purposes or uses.

"Applicant" means the state agency that is applying for a Special Flood Hazard Area Development Permit.

"Base Flood" means the flood having a one percent chance of being equaled or exceeded in any given year. (see 44 CFR 59.1)

"Base Flood Elevation" (BFE) means the height in relation to the North American Vertical Datum (NAVD) of 1988 (or other datum, where specified) of the crest of the base flood.

"Basement" means any area of the building having its floor subgrade (below ground level) on all sides. (see 44 CFR 59.1)

"Building" has the same meaning as "structure". (see 44 CFR 59.1)

"Community" means any State or area or political subdivision thereof, or any Indian tribe or authorized tribal organization, or Alaska Native village or authorized native organization, which has authority to adopt and enforce floodplain management regulations for the areas within its jurisdiction (see 44 CFR 59.1).

"Conditional Letter of Map Revision" means a letter providing FEMA’s comment on a proposed project that would, upon construction, affect the hydrologic or hydraulic characteristics of a flooding source and thus result in the modification of the existing floodway, the BFEs, or the floodplain.

"Critical Facility" means any facility that is critical to the health and welfare of the population and, if flooded, would create an added dimension to the disaster. Critical facilities include, but are not limited to, police or firefighting buildings, corrections facilities, hazardous materials storage units (chemicals, petrochemicals, hazardous or toxic substances), nursing homes, hospitals, health care facilities, assisted living facilities, residential educational facilities, retirement care facilities, critical utility sites (telephone switching stations or electrical transformers), and facilities used to store critical records. Roads and bridges are not defined as critical facilities for purposes of this Part.

"Dam" means all obstructions, wall embankments or barriers, together with their abutments and appurtenant works, if any, constructed for the purpose of storing or diverting water or creating a pool. Dams may also include weirs, restrictive culverts, or impoundment structures. Underground water storage tanks are not included.

"Department" means the Illinois Department of Natural Resources [615 ILCS 5/18k(a)].

"Development" and "developed" mean any man-made change to real estate, including, but not limited to:

(1) demolition, construction, reconstruction, repair, placement of a building, or any structural alteration to a building;

(2) substantial improvement of an existing building;

(3) installation of a manufactured home on a site, preparing a site for a manufactured home, or installing a travel trailer on a site for more than 180 days per year;

(4) installation of utilities, construction of roads, bridges, culverts, or similar projects;

(5) redevelopment of a site, or clearing of land as an adjunct of construction or construction or erection of levees, dams, walls, or fences;

(6) drilling, mining, filling, dredging, grading, excavation, paving, or other alterations of the ground surface;

(7) storage of materials, including the placement of gas or liquid storage tanks, and channel modifications or any other activity that might change the direction, height, or velocity of flood or surface waters.

"Development" and "developed" do not include resurfacing of pavement when there is no increase in elevation; construction of farm fencing; or gardening, plowing, and similar practices that do not involve filing, grading, or construction of levees. [615 ILCS 5/18K(a)]

"Elevation Certificate" means a form published by FEMA that is used to certify the elevation to which a building has been constructed.

"Existing Construction" means the structures for which the "start of construction" commenced before the effective date of the FIRM or before January 1, 1975, for FIRMs effective before that date. "Existing construction" may also be referred to as "existing structures". (see 44 CFR 59.1)

"Existing Structures" − has the same meaning as "existing construction".

"FEMA" means the Federal Emergency Management Agency and its regulations at 44 CFR 59 through 79, as amended.

"Flood" or "Flooding" means:

A general and temporary condition of partial or complete inundation of normally dry land areas from:

The overflow of inland or tidal waters;

The unusual and rapid accumulation or runoff of surface waters from any source; or

Mudslides (i.e., mudflows) which are proximately caused by flooding and are akin to a river of liquid and flowing mud on the surfaces of normally dry land areas, as when earth is carried by a current of water and deposited along the path of the current.

The collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event.

"Flood Fringe" means that portion of the floodplain outside of the regulatory floodway.

"Flood Insurance Rate Map" or "FIRM" means an official map of a community, on which the Federal Insurance Administrator has delineated both the special hazard areas and the risk premium zones applicable to the community. A FIRM that has been made available digitally is called a Digital Flood Insurance Rate Map (DFIRM). (see 44 CFR 59.1)

"Flood Insurance Study" or "FIS" means an examination, evaluation and determination of flood hazards and, if appropriate, corresponding water surface elevations, or an examination, evaluation and determination of mudslide (i.e. mudflow) and/or flood-related erosion hazards.

"Floodplain" and "Special Flood Hazard Area" means those lands within the jurisdiction of the State of Illinois that are subject to inundation by the base flood and are identified on the Flood Insurance Rate Maps (FIRM) for the State of Illinois. See the definition of "Special Flood Hazard Area".

"Flood Protection Elevation" means the elevation of the base flood plus one foot of freeboard at any given location in the floodplain.

"Floodway" means that portion of the floodplain required to store and convey the base flood. The floodway for the floodplains of the State of Illinois shall be as delineated on the FIRM of Illinois prepared by FEMA.

"Freeboard" means an increment of elevation added to the BFE to provide a factor of safety for uncertainties in calculations, future watershed development, unknown localized conditions, wave actions and unpredictable effects such as those caused by ice or debris jams.

"Historic Structure" means any structure that is:

Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;

Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;

Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or

Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:

By an approved state program as determined by the Secretary of the Interior; or

Directly by the Secretary of the Interior in states without approved program. (see 44 CFR 59.1)

"Letter of Map Amendment" means an official determination by FEMA that a specific building, defined area of land, or a parcel of land, where there has not been any alteration of the topography since the date of the first NFIP map showing the property within the floodplain, was inadvertently included within the floodplain and that the building, defined area of land, or a parcel of land is removed from the floodplain.

"Letter of Map Revision" means a letter granted by FEMA that revises BFEs, floodplains or floodways as shown on an effective FIRM.

"Lowest Floor" means the lowest floor of the enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access, or storage in an area other than a basement area is not considered a building's lowest floor, provided that enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of Section 3710.40.

"Manufactured Home" means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "manufactured home" does not include a "recreational vehicle". (44 CFR 59.1)

"NAVD 88" means the North American Vertical Datum of 1988.

"New Construction" means, for floodplain management purposes structures for which the start of construction commenced on or after the effective date of a floodplain management regulation adopted by a community and includes any subsequent improvements to such structures. (see 44 CFR 59.1)

"NFIP" means the National Flood Insurance Program operated by the Federal Emergency Management Agency.

"Recreational Vehicle" means a vehicle which is:

Built on a single chassis;

400 square feet or less when measured at the largest horizontal projection;

Designed to be self-propelled or permanently towable by a light duty truck; and

Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. (44 CFR 59.1)

"Repetitive Loss" means flood related damages sustained by a structure on two separate occasions during a ten-year period for which the cost of repairs at the time of each such flood event on the average equals or exceeds 25% of the market value of the structure before the damage occurred.

"Special flood hazard area" means an area having special flood, mudflow or flood-related erosion hazards and shown on a Federal Emergency Management Agency Flood Hazard Boundary Map or Flood Insurance Rate Map as Zone A, AO, A1-A-30, AE, A99, AH, AR, AR/A, AR/AE, AR/AH, AR/AO, AR/A1-A30, V1-V30, VE or V. [615 ILCS 5/18k(a)]

"Special Flood Hazard Area Development Permit" or "Permit" means, unless the context of the language states otherwise, the permit that all State agencies are required to obtain from the Department before undertaking development activity on State-owned property that is in a special flood hazard area as required by 615 ILCS 5/18k.

"State Agencies" means any department, commission, board, or agency under the jurisdiction of the Governor, any board, commission, agency, or authority which has a majority of its members appointed by the Governor, and the Governor's Office. [615 ILCS 5/18k(a)]

"Start of Construction" (for other than new construction or substantial improvements under the Coastal Barrier Resources Act (Pub. L. 97-348)), includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition placement, or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building. (44 CFR 59.1)

"Structure" means, for floodplain management purposes, a walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home.

"Substantial Damage" means damage of any origin sustained by a structure whereby the percentage of damage sustained during a 10-year period equals or exceeds 50% of the market value of the structure before the damage occurred regardless of actual repair work performed. Volunteer labor and materials must be included in this determination. The term includes "Repetitive Loss Buildings" (see definition).

"Substantial Improvement" means any reconstruction, rehabilitation, addition or improvement of a structure during the last ten years in which the percentage of improvements equals or exceeds 50% of the market value of the structure before the improvement or repair is started. Substantial improvement is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. This term includes structures which have incurred repetitive loss or substantial damage, regardless of the actual repair work done.

Substantial improvement does not include:

Any project for improvement of a structure to comply with existing State or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions, or

Any alteration of a structure listed on the National Register of Historic Places or the Illinois Register of Historic Places.

"Watercourse" means any channel through which water flows including rivers, streams, creeks, drains, or culverts. This includes any channel that takes seasonal flows and which may at times be dry.

17 Ill. Adm. Code 3710.20 Development Standards

All State development activity must first comply with and obtain required permits pursuant to 17 Ill. Adm. Code 3700, 3704, and 3708. After compliance with 17 Ill. Adm. Code 3700, 3704, and 3708, all development activity located in a floodplain, which includes both floodway and flood fringe, shall comply with all requirements of 44 CFR 60 as effective on January 1, 2025 and does not include any later editions or amendments. This Part applies to State development on both new and existing construction. The following are additional standards to the requirements of 44 CFR 60 that all State development activity must also comply with:

a) All new, substantially improved, or substantially damaged structures must have the lowest floor, including basements, at or above the flood protection elevation.

b) Critical facilities that are new, substantially improved, or substantially damaged must have the lowest floor, including basements, elevated or structurally dry floodproofed to the 0.2% annual chance flood elevation when delineated on the FIRM or three feet above the BFE, whichever is greater. Adequate parking shall be provided for staffing of the critical facilities at or above the BFE or 0.2% chance flood when delineated on the FIRM, when defined.

c) For all projects involving channel modification, fill, or stream maintenance (including levees), the flood carrying capacity of the watercourse shall be maintained. In addition, the State agency performing the development activity shall notify communities, that are both adjacent to the impacted watercourse and adjacent to the project, in writing thirty days prior to applying for a permit for the alteration or relocation of the watercourse. A copy of this notification shall be included with the permit application.

d) If the proposed development activity modifies the FIRM, then the agency that is applying for the permit is responsible for submitting an application to FEMA for a formal determination to change the map. This process is done through the Letter of Map Change request and includes Letter of Map Amendment, Letter of Map Revision, and the Conditional Letter of Map revision.

17 Ill. Adm. Code 3710.25 Application

Special Flood Hazard Area Development Permit. All activity requiring a permit pursuant to this Part shall file an application with the Department as required in this Section.

a) All permit applications shall be on forms provided by the Department.

b) The application for a permit shall be accompanied by the following:

1. A site plan or drawings, drawn to scale using NAVD 88, showing:

A) property lines and dimensions;

B) existing grade elevations;

C) all changes in grade resulting from excavation or filling;

D) description of the benchmark or source of survey elevation control;

E) sewage disposal facilities;

F) water supply facilities;

G) floodplain limits based on elevation or depth, as applicable;

H) floodway limits, as applicable;

I) the location and dimensions of all buildings and additions to buildings;

J) the location and dimensions of all structures, including but not limited to roads, bridges, fences, culverts, decks, gazebos, agricultural structures, and accessory structures; and

K) the elevation of the lowest floor (including basement) of all proposed buildings subject to the requirements of this Part. This may be included as an elevation certificate.

2. The cost of the project or the improvements, including all materials and labor, as estimated by a licensed professional engineer or architect. A signed estimate by a contractor may also meet this requirement.

17 Ill. Adm. Code 3710.30 Requirements to Obtain and Contents of a Development Permit

a) No State agency shall commence any development in a floodplain without first obtaining a permit from the Department and shall follow all requirements and standards as specified in the issued permit for all development activity.

b) No State agency shall commence any development of a critical facility on land below the 0.2% annual chance flood elevation without first obtaining a permit from the Department.

c) The Department will only issue a permit for development activities, including new construction and substantial improvements, that meet the requirements of this Part.

d) The Department shall notify an applicant of any deficiencies in their application, if the application is denied, and the reasons for the denial.

e) The start of construction, as defined, for work authorized by a permit issued under this Part, shall commence within 180 days after its issuance. All permitted work shall be completed by the permit expiration date located on the permit or the permit shall expire.

f) Time extensions for the completion of permitted work may be granted, in writing, by the Department. If a time extension is granted by the Department, the extension shall be granted only if the original permit is compliant with this Part, the FIRM, and the FIS in effect at the time the extension is granted.

17 Ill. Adm. Code 3710.35 Variances

a) Whenever the standards of this Part place undue hardship on a specific development proposal, the applicant may apply to the Department for a variance, of this Part.

b) No variances shall be granted within a floodway if any increases in the base flood elevation would result.

c) No variance shall be granted unless the applicant demonstrates and the Department finds that all of the following conditions are met:

1. The development activity cannot be located outside the floodplain.

2. A failure to grant the variance would result in exceptional hardship by rendering the lot undevelopable.

3. The variance granted is the minimum necessary, considering the flood hazard, to afford relief.

4. There will be no additional threat to public health, public safety, destruction of beneficial stream uses and functions including, aquatic habitat, causation of fraud on or victimization of the public, conflict with existing local laws or administrative rules, or creation of a nuisance. There will be no additional State expense for flood protection, rescue or relief operations, policing, lost environmental stream uses and functions, repairs to streambeds and banks, or repairs to roads, utilities, or other public facilities.

5. The circumstances of the property are unique and do not establish a pattern inconsistent with the intent of the NFIP.

6. Good and sufficient cause has been shown that the unique characteristics of the size, configuration, or topography of the site renders the requirements of this Part inappropriate.

7. All other State and federal permits, other than the permit required by this Part, have been obtained.

d) Considerations for Review. In reviewing applications for variances, the following shall be considered:

1. The danger that materials and debris may be swept onto other lands resulting in further injury or damage.

2. The danger to life and property due to flooding or erosion damage.

3. The susceptibility of the proposed development, including contents, to flood damage and the effect of such damage on current and future owners.

4. The importance of the services provided by the proposed development to the State agency.

5. The availability of alternate locations for the proposed development that are not subject to flooding or erosion.

6. The compatibility of the proposed development with existing and anticipated development.

7. The relationship of the proposed development to the comprehensive plan and floodplain management program for that area.

8. The safety of access to the property in times of flood for ordinary and emergency vehicles.

9. The expected heights, velocity, duration, rate of rise and debris and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site.

10. The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical and water systems, streets, and bridges.

11. All technical evaluations, all relevant factors, all other portions of this Part.

e) Historic Structures. Variances issued for the reconstruction, repair, or alteration of a historic site or historic structure may be granted subject to the conditions that:

1. The repair or rehabilitation is the minimum necessary to preserve the historic character and design of the structure.

2. The repair or rehabilitation will not preclude the structure's continued designation as a historic structure.

17 Ill. Adm. Code 3710.40 Reports and Certification

a) Certification and As-Built Documentation. The applicant is required to submit certification by a licensed professional engineer or registered land surveyor that the finished fill and building elevations were accomplished in compliance with Section 3710.20. Floodproofing measures must be certified by a registered professional engineer or registered architect as being compliant with applicable floodproofing standards.

b) All certifications that are required by this Section shall be filed with the Department within 90 days after completion of the permitted activities.

17 Ill. Adm. Code 3710.45 Suspension of Permit

a) The Department shall suspend a permit and no further construction or development may continue if any of the following occurs:

1. Any requirements of this Part have been violated or any development is not in compliance with all standards, laws, or rules of this State or of the United States.

2. The start of construction for work authorized by a permit issued under this Part, is not commenced within 180 days after its issuance or if the work authorized is suspended or abandoned for a period of 180 days after the work commences. All permitted work shall be completed by the permit expiration date located on the permit or the permit shall expire.

b) Suspensions shall be rescinded by the Department upon the Department’s satisfaction that the permittee is in compliance with this Part.

c) The Department shall notify the permittee, in writing:

1. all violations of the requirements of this Part;

2. that the permit is suspended; and

3. what is needed to correct the violations.

d) The permittee shall have 90 days to provide the Department, in writing, proof that continued activity that is authorized under the permit is in compliance with this Part, and all measures that will be taken to correct any violations of this Part, including a timeline of completion of those corrections.

e) The Department may allow, in writing, continued construction or development while a permit is suspended, but only to the extent that the activity is to correct a violation of this Part.

f) Failure to obtain a permit for development in the floodplain or failure to comply with the conditions of a permit or a variance shall be deemed to be a violation of this Part.

Chapter I Department of Natural Resources

Subchapter h Water Resources

Part 3720 Rules Establishing Horizontal and Vertical Clearances for Bridges Over the Fox River

17 Ill. Adm. Code 3720.10 Authority and Clearances

The Department of Natural Resources, acting under authority conferred upon it by the Rivers, Lakes and Streams Act [615 ILCS 5], does hereby declare and order, pursuant to an investigation and hearing concerning the adequacy of horizontal and vertical bridge clearance of a new bridge proposed to be constructed by the Department of Transportation's Division of Highways to replace the existing five arch structure known as Burton's Bridge in Section 19, Township 44 North, Range 9 East of the Third Principal Meridian, McHenry County, Illinois, that the minimum horizontal clearance for bridges hereafter constructed over the Fox River between Algonquin Dam and the southern (downstream) right-of-way limit of route 173 shall be 100 feet, and the minimum vertical clearance for such bridges shall be 15 feet, above normal pool level.

History

• Source: Amended at 38 Ill. Reg. 1001, effective December 27, 2013

17 Ill. Adm. Code 3720.20 Permit Application Fees

Permit applications reviewed under this Part are subject to the permit application review fees required in 17 Ill. Adm. Code 3704.55.

History

• Source: Added at 38 Ill. Reg. 1001, effective December 27, 2013

Part 3730 Allocation of Water from Lake Michigan

17 Ill. Adm. Code 3730.101 Scope and Purpose

a) This Part governs the practices and procedures of the Director and his or her delegated representatives, and all allocation and enforcement proceedings conducted by them pursuant to the Level of Lake Michigan Act [615 ILCS 50].

b) This Part implements the Department's program for the apportionment of water to be diverted from Lake Michigan among its regional organizations, municipalities, political subdivisions, agencies or instrumentalities for domestic purposes or for direct diversion into the Chicago Area Waterway System to maintain the waterway in a reasonably satisfactory sanitary condition. Consistent with the limitations expressed in a U.S. Supreme Court Decree (Wisconsin v. Illinois, 449 U.S. 48 (1980)), the Lake Michigan water so diverted, whether by way of pumpage for domestic purposes from the lake, the sewage effluent derived from which reaches the Illinois Waterway, or by way of storm runoff from the Lake Michigan watershed that is diverted into the Chicago Area Waterway System, or by way of direct diversion from the lake into the waterway, shall not exceed a 40 year running average of 3,200 cubic feet per second.

History

• Source: Amended at 38 Ill. Reg. 22801, effective November 18, 2014

17 Ill. Adm. Code 3730.102 Definitions

As used in this Part except where the context indicates otherwise, the following terms shall have the meanings specified:

"Act" means the Level of Lake Michigan Act [615 ILCS 50];

"Annual accounting period" shall be October 1 of each calendar year through the last day in September in the succeeding calendar year;

"Chicago Area Waterway System" or "CAWS" is an engineered system of man-made canals and natural waterways that serves as both a navigation link between Lake Michigan and the Mississippi River system and an outlet for stormwater and effluent. It consists of the North Shore Channel, North Branch of the Chicago River (below the North Branch Dam), Chicago River, South Branch of the Chicago River, South Fork of the South Branch of the Chicago River (Bubbly Creek), Chicago Sanitary and Ship Canal, Cal-Sag Channel and portions of the Calumet River and Little Calumet River leading up to the O'Brien lock. In this Part the term "Chicago Area Waterway System" has the same meaning as the term "Sanitary and Ship Canal" used in the Level of Lake Michigan Act [615 ILCS 50];

"Department" means the Illinois Department of Natural Resources;

"Director" means the Director of the Illinois Department of Natural Resources or his or her duly delegated representatives;

"Emergency allocation" means a temporary allocation of Lake Michigan water in accordance with Section 3730.305;

"Emergency and standby use" means water pumped to maintain an adequate water supply in the event of a partial or total failure of the primary water supply source of a permittee;

"Gross annual pumpage" means the total amount of water delivered to a user's system;

"Hearing Officer" means a person duly designated as the hearing officer by the Director;

"Hydrant uses" means, but is not limited to, all water obtained from hydrants for uses such as fire fighting and training, water main flushing, sewer flushing, street cleaning, and unmetered public and private construction;

"Net annual pumpage" means the total amount of water delivered to a user's system not including wholesale water delivered to other water systems, also referred to as system input volume;

"New users" refers to any regional organization, municipality, political subdivision, agency, instrumentality, organization, association, or individual that did not have an allocation of Lake Michigan water from the Department on July 1, 1980;

"Non-revenue water" is the difference between net annual pumpage (system input volume) and billed, authorized consumption. Non-revenue water shall be determined by taking the net annual pumpage of a water system and subtracting from that amount the quantity of water that is billed, metered consumption and that is billed, unmetered consumption. Non-revenue water includes water that is lost from the system due to underregistration of meters, systematic data handling errors, leakage anywhere within the distribution system, unauthorized consumption or unbilled authorized consumption;

"Party" means an entity that:

has made application to the Department for an allocation of the Lake Michigan diversion pursuant to the Act; or

has been made a party by the Hearing Officer pursuant to Section 3730.203(c);

"Permittee" means any regional organization, municipality, political subdivision, agency, instrumentality, organization, association or individual that has an allocation permit for water from the Lake Michigan diversion;

"Water Year" mans the annual accounting period consisting of 12 months terminating on the last day of September. As an example, the 2015 Water Year begins on October 1, 2014 and terminates on September 30, 2015.

History

• Source: Amended at 38 Ill. Reg. 22801, effective November 18, 2014

17 Ill. Adm. Code 3730.103 Filing

Documents and requests permitted or required to be filed with the Hearing Officer shall be addressed to and mailed to or filed with the Hearing Officer at the following address:

Hearing Officer

Lake Michigan Allocation Proceedings

Illinois Department of Natural Resources

One Natural Resources Way

Springfield IL 62702-1271

or with such other person as the Director may designate from time to time.

History

• Source: Amended at 27 Ill. Reg. 7786, effective April 21, 2003

17 Ill. Adm. Code 3730.104 Form of Documents

a) Documents shall clearly show the file or docket number and title of the proceeding in connection with which they are filed, and shall be clearly designated to indicate the nature of the relief sought, inter alia, "application for allocation permit", "complaint", "petition for modification", "petition for emergency allocation" or "motion".

b) Except as otherwise provided, four copies of all documents, including application, complaints, motions, petitions, and petitions for review, shall be filed with the Hearing Officer. Only two copies of any discovery motion, interrogatories, answers to interrogatories, or subpoena filed with or by the Hearing Officer need to be filed with the Hearing Officer.

c) Documents shall be prepared on unglazed white paper of greater than 12 pound weight and measuring 8½" x 11". All documents shall be fastened on the left side or in the upper left hand corner. The left margin of each page shall be at least 1½ inches and the right margin at least one inch.

d) One copy of each document will be signed by the applicant or party or by his or her authorized representative or attorney.

e) Documents shall contain the name, address and phone number of the applicant or party filing or his or her authorized representative or attorney.

History

• Source: Amended at 38 Ill. Reg. 22801, effective November 18, 2014

17 Ill. Adm. Code 3730.105 Service of Documents and Proof of Service

a) Where the Hearing Officer or any person is required by statute or by the provisions of these rules to serve any document upon any person, service shall (in the absence of specific provisions in these rules to the contrary) be made in accordance with the provisions of this section.

b) Where any person is required to serve any document filed with the Hearing Officer, service shall be made by that person or by his representative on or before the day on which the document is filed.

c) Documents may be served upon a party, his attorney, or other duly constituted agent by delivering a copy or by mailing a copy to the last known address. When a party is represented by an attorney of record in any proceeding, service shall be made upon such attorney.

d) Delivery of a copy pursuant to this section means handing it to the party, his attorney, or other duly constituted agent or other person in charge of the office of the person being served; or, if there is no one in charge of such office, leaving it in a conspicuous place therein; or, if such office is closed or the person to be served has no office, leaving it at his dwelling house or usual place of abode with some person of suitable age and discretion then residing therein.

e) Service by mail is complete upon mailing.

f) Proof of service, as provided in this Section, shall be filed before action is taken. The proof of service shall show the time and manner of service, and may be by written acknowledgement of service, by certificate of the person effecting the service, or by other proof as satisfactory to the Hearing Officer. Failure to make proof of service will not affect the validity of the service. The Hearing Officer may allow the proof to be amended or supplied at any time before action is taken unless to do so would result in material prejudice to a party.

17 Ill. Adm. Code 3730.106 Computation of Time

a) Computation of any period of time prescribed by these rules or the Act shall begin with the first business day following the day on which the act, event or development initiating such period of time occurs, and shall run until the end of the last day, or the next following business day if the last day is a Saturday, Sunday or legal holiday. Where the period of time is five days or less, Saturdays, Sundays and legal holidays shall be excluded in the computation of time.

b) Notice requirements shall be construed to mean notice received, but proof that notice was dispatched by means reasonably calculated to be received by the prescribed date shall be prima facie proof that notice was timely received.

17 Ill. Adm. Code 3730.107 Appearances and Representation

a) Any person entitled to participate in proceedings may appear as follows:

1. A natural person may appear in his own behalf or by an attorney at law licensed and registered to practice in the State of Illinois.

2. A business, non-profit, or government organization may appear by any bonafide officer, employee, or representative, or may be represented by an attorney licensed and registered to practice in the State of Illinois, or both.

b) Attorneys not licensed and registered to practice in the State of Illinois may appear on motion.

c) An attorney appearing in a representative capacity shall file a written notice of appearance together with proof of service on all parties or their respective attorneys.

17 Ill. Adm. Code 3730.108 Designation and Representation

a) A party entitled to participate in the hearing proceeding may designate another entity to represent its interests by filing with the Department a written application accompanied by a Resolution from the governing board of the designating party and a written Acceptance from the entity appearing in a representative capacity. The Designation of Representation and Acceptance of such designation shall be made on forms prescribed by the Department and executed by duly authorized officials of the parties. The designating party may withdraw the designation at any time upon its own motion with or without the consent of the previous designee.

b) The designated representative will be responsible to file all documents, complete all applications, answer all inquiries, present all testimony, and represent all other interest of the designating party for the purpose of applying for and obtaining a water withdrawal permit for water from Lake Michigan.

c) After receipt of the aforementioned documents, all correspondence will be directed to the designated representative only and the designating party is irrevocably bound by its action in these matters until such time as the designation is withdrawn and receipt of such withdrawal is acknowledged by the Department.

17 Ill. Adm. Code 3730.109 Public Information

a) The Department shall maintain files containing all information submitted to or produced by the Department or Hearing Officers relating to matters within the Department's jurisdiction, except that internal communications of the Department shall be filed only at the request of the Director or his designated representatives. Without limiting the generality of the foregoing, the files shall include, among other things: pleadings, motions, notices, minutes, transcripts, exhibits, orders and opinions; proposed and adopted regulations; communications to or from the Department; newsletters and other releases; business records; and informal complaints received.

b) All such files shall be open to reasonable public inspection and copying, at the expense of the interested party.

c) The Department shall maintain a comprehensive index of all files open to public inspection.

d) The Department may in its discretion disseminate from time to time newsletters, digests of minutes and other releases regarding any matter before the Department.

17 Ill. Adm. Code 3730.110 Severability

If any rules, sentence, clause, subsection, phrase or requirement of these rules is for any reason held to be unconstitutional or violative of law, by a court of competent jurisdiction, such decision shall not affect or impair the validity of the remaining portions of these rules.

17 Ill. Adm. Code 3730.201 Applicability

The rules of this part shall apply to all hearings concerning allocation of Lake Michigan water other than rulemaking.

17 Ill. Adm. Code 3730.202 Authorization of Hearings

a) Allocation Hearing: Except in the case of an emergency allocation, the Department shall hold allocation hearing(s) as authorized by the Act within 90 days of submission to the Department of an application for allocation or on the motion of the Department, the purpose of which shall be publicly stated to be contemplation of allocations of Lake Michigan water. The burden of proof in an allocation proceeding will lie with each applicant for an allocation.

b) Enforcement Proceeding: The Department may hold hearing(s) as authorized by the Act within 90 days of submission to the Department by any entity of a complaint for misuse of allocation, or on the motion of the Department for the purpose of gathering information with reference to abuse or misuse of any allocation and of entering an order presenting findings and directing a course of action, including changes in allocations previously made. Hearings will be held on all complaints which comply with Section 3730.205(a), are not plainly devoid of merit or frivolous, and do not deal with a subject on which a hearing has been held within the preceding six months.

c) Petitions for Modification: The Department may hold hearing(s) on a petition for modification of an allocation permit. The burden of proof in a modification proceeding will lie with the petitioner/applicant. Hearings will be held on all petitions which comply with Section 3730.310(a).

d) Petitions for Emergency Allocation: The Department shall within 60 days of issuing and entering an order for an emergency allocation give notice and conduct a hearing regarding such emergency allocation.

e) Designation of Hearing Officer: If the Department authorizes a hearing under any of the above sections, the Director shall designate a Hearing Officer to preside over such hearing.

History

• Source: Amended at 9 Ill. Reg. 386, effective January 1, 1985

17 Ill. Adm. Code 3730.203 Parties

a) The party seeking an allocation permit, an emergency allocation, or the modification of an allocation permit shall be designated as the petitioner. Any party initiating an enforcement proceeding shall be designated as the complainant. Any party who seeks to be heard and whose interests are adverse to the petitioner's or the complainant's shall be designated as the respondent.

b) Incorrect designation of a party is not a ground for dismissal but the name of a party may be corrected at any time.

c) If a complete determination of a controversy cannot be had without the presence of other parties, the Hearing Officer may direct them to be made parties. The Hearing Officer may allow the intervention of other persons of entities with an interest in the matter on any side of the controversy or in aid of the Department.

History

• Source: Amended at 38 Ill. Reg. 22801, effective November 18, 2014

17 Ill. Adm. Code 3730.204 Allocation Applications and Petitions for Modification

Four copies of application for allocations, petition for emergency allocation, and petition for modification shall be filed with the Department and shall contain:

a) In the case of an Application for Allocation, all information required under Section 3730.302.

b) In the case of a Petition for Emergency Allocation, all information required under Section 3730.305.

c) In the case of a Petition for Modification, all information required under Section 3730.310 including reference to any change in circumstances or any information previously submitted pursuant to Section 3730.302 and any claimed errors in interpretation of the Act or the rules.

17 Ill. Adm. Code 3730.205 Complaint

a) Pursuant to Section 3730.202(b), a Complaint shall contain the following:

1. a reference to the provision of the Act or the rules of which the respondent(s) is alleged to be in violation; and

2. the dates, location, events, nature, extent and duration of abuses or misuses alleged to constitute violations of the Act or the rules complained of to an extent sufficient to advise respondent(s) of the full extent and nature of matters complained of adequate to reasonably allow preparation of a defense.

b) Unless respondent files an answer within 20 days after receipt of the complaint, all material allegations shall be taken as denied. All motions preliminary to a hearing shall be presented to the Hearing Officer at least 5 days prior to the date of hearing, or on such other date as the Hearing Officer or these rules shall designate.

17 Ill. Adm. Code 3730.206 Notice of Hearing

a) In cases in which a hearing is held pursuant to Section 3730.202(a), (c) or (d), the commencement of the hearing shall be within 90 days after the date on which the application for allocation or petition for modification of allocation was received by the Department unless otherwise ordered by the Hearing Officer, or within 60 days after an order for an emergency allocation was entered by the Department. The Department shall give notice of hearing in these cases as follows:

1. to all permittees; petitioners; the Counties of Cook, DuPage, Kane, Kendall, Lake, Will, and McHenry; the City of Chicago; the Metropolitan Water Reclamation District; the Illinois Environmental Protection Agency; and the Chicago Metropolitan Agency for Planning; and

2. by publication not less than twice in newspapers of general circulation in the immediate and remote areas that may be affected by diversions of Lake Michigan waters, such publications to be no longer than one week apart, and the hearing to be held within 10 days following date of last publication.

b) In cases in which a hearing is held pursuant to Section 3730.202(b), complainants and respondents shall receive notice by certified mail of the time and place of the hearing no less than 20 days before the hearing is held. In addition, complainants must provide proof of service of the complaint on each respondent showing that service was completed in compliance with Section 3730.105 no less than 20 days before the hearing is held.

c) The Hearing Officer shall make available to any person copies of applications, petitions, or complaints at the time the hearing date is announced.

History

• Source: Amended at 38 Ill. Reg. 22801, effective November 18, 2014

17 Ill. Adm. Code 3730.207 Prehearing Conferences

a) In any proceeding the Hearing Officer may direct parties or their attorneys to appear, upon 10 or more days written notice, at a specified time and place for a conference, prior to or during the course of hearing for the purpose of formulating issues and considering:

1. the simplification of issues of fact and law;

2. the necessity or desirability of amending documents for the purpose of clarification, amplification, or limitation;

3. the possibility of making admissions of certain averments of fact or stipulations concerning the use of matters of public record to avoid unnecessary introduction of proof;

4. the limitation of the number of witnessess, including experts;

5. the propriety of prior mutual exchange between or among parties of prepared testimony and exhibits; and

6. such other matters as may aid in the simplification of the evidence and disposition of the proceeding.

b) Action taken at the conference shall be recorded in an appropriate ruling unless the parties enter into written stipulations as to such matters, or agree to a statement thereof made on the record by the Hearing Officer.

17 Ill. Adm. Code 3730.208 Discovery

a) Hearing Officer

1. The Hearing Officer may order production of documents or things, depositions, or interrogatories in his or her discretion upon the written request of any party or by the Department on its own motion, either by an order directed to a party or by subpoena directed to a non-party:

A) when necessary to expedite the proceedings;

B) to ensure a clear or concise record;

C) to ensure a fair opportunity to prepare for the hearing; or

D) to avoid surprise at the hearing.

2. The Hearing Officer shall restrict such discovery when necessary to prevent undue delay or harassment.

b) The Hearing Officer may in his or her discretion order the following discovery upon written request of any party:

1. a list of witnesses who are known to the party, who have knowledge of the occurrence or other relevant facts;

2. a list of expert witnesses who may be called at the hearing, which shall be submitted to all parties prior to the hearing; and

3. reasonable inspection of the premises by experts.

c) Any person, including a party, who is deposed, interrogated or required to submit documents or things under this Section may be examined regarding any matter, not privileged, that is relevant to the subject matter of the pending case, or that may lead to the discovery of relevant information.

d) All depositions and interrogatories taken pursuant to this Section shall be for purposes of discovery only, except as provided in this Section. The depositions and interrogatories may be used for purposes of impeachment and as admissions of the deposed or interrogated party. Upon application to the Hearing Officer either before or after the taking of depositions or interrogatories and upon showing that, at the time of the hearing, the party deposed or interrogated will not be available to participate in the hearing because of death, age, sickness, infirmity, absence from the Northeastern Illinois Metropolitan Region (specifically the counties of Cook, DuPage, Kane, Kendall, Lake, McHenry and Will), or other exceptional circumstances, the Hearing Officer may order that the deposition or interrogatories be used as evidence in the hearing.

e) Upon transcription of the deposition, it shall be made available to the deponent for examination and signature, unless signature is waived both by the deponent and by the parties who are represented at the deposition. Any changes in form or substance that the deponent desires to make shall be entered upon the deposition by the court reporter taking the same with a statement of the reasons given by the deponent making them. The deposition shall then be signed by the deponent unless the deponent is ill or cannot be found or refuses to sign, in which event the court reporter's certification shall state the reason for the omission of the signature.

History

• Source: Amended at 38 Ill. Reg. 22801, effective November 18, 2014

17 Ill. Adm. Code 3730.209 Admissions

a) Request for Admission of Fact. A party, or the Department on its own motion, may serve on any other party a written request for the admission by the latter of the truth of any specified relevant fact set forth in the request.

b) Request for Admission of Genuineness of Document. A party or the Department on its own motion, may serve on any other party a written request for admission of the genuineness of any relevant documents described in the request. Copies of the documents shall be served with the request unless copies have already been furnished.

c) Admission in the Absence of Denial.

1. Each of the matters of fact and the genuineness of each document of which admission is requested is admitted unless, within 20 days after service thereof, the party to whom the request is directed serves upon the party requesting the admission either:

A) a sworn statement denying specifically the matters of which admission is requested or setting forth in detail the reasons why he cannot truthfully admit or deny those matters; or

B) written objections on the ground that some or all of the requested admissions are privileged or irrelevant or that the request is otherwise improper in whole or in part.

2. If written objections to a part of the request are made, the remainder of the request shall be answered within the period designated in the request. A denial shall fairly meet the substance of the requested admission. If good faith requires that a party deny only a part, or requires qualification of a matter of which an admission is requested, he shall specify so much of it as is true and deny only the remainder. Any objections to a request or to an answer shall be heard by the Hearing Officer upon prompt notice and motion of the party making the request.

d) Effect of Admission. Any admission by a party pursuant to a request under this rule is for the purpose of the pending action only. It does not constitute an admission by him for any other purpose and may not be used against him in any other proceeding.

17 Ill. Adm. Code 3730.210 Authority of Hearing Officer

The Hearing Officer shall have the duty to conduct a fair and impartial hearing, to take all necessary action to avoid delay, to maintain order, and to ensure development of a clear and complete record. He shall have all powers necessary to these ends including (but not limited to) the power to:

a) require, when appropriate, all parties to state their position with respect to any proposal, application, petition, or complaint;

b) administer oaths and affirmations;

c) examine witnesses and direct witnesses to testify;

d) regulate the course of the hearing;

e) limit the number of times any witness may testify, limit repetitious or cumulative testimony, and establish reasonable limits on the amount of time each witness may testify;

f) to issue discovery orders pursuant to Section 3730.208;

g) to issue subpoenas pursuant to Section 3730.212;

h) conduct hearings and prehearing conferences;

i) rule or reserve ruling on the admissibility of evidence and amendments to pleadings;

j) continue a hearing from day to day or adjourn it to a later date by announcement thereof at the hearing or by appropriate notice thereof to all parties; and

k) direct parties to enter their appearances on the record.

17 Ill. Adm. Code 3730.211 Hearing Procedure

a) General Provisions

1. All hearings shall be open to the public.

2. All testimony taken at such hearings shall be under oath or affirmation.

3. All relevant evidence is admissible if, in the opinion of the Hearing Officer, it is of a type commonly relied upon by reasonably prudent men in the conduct of their affairs. Objections to evidentiary offers may be made and shall be noted in the record.

4. In determining the admissibility of evidence, the Hearing Officer shall give consideration to, but not be bound by rules of evidence governing civil proceedings.

5. Official notice may be taken of all facts of which judicial notice may be taken and of other facts within the specialized knowledge and experience of the Hearing Officer. Whenever official notice is requested or the Hearing Officer intends to take such notice on his own motion, prior notice shall be given to all parties with an opportunity to comment on the relevance or accuracy of the material of which official notice may be taken.

6. Copies of direct testimony of any witness shall be served upon the Hearing Officer at least 7 days in advance of the session of the hearing at which such testimony is offered.

7. All motions and objections made during a public hearing shall be stated orally on the record, including the grounds of such objection.

8. When objection is made to the admissibility of evidence, such evidence may be received subject to such other objection and later ruling.

9. All motions other than those made during a hearing shall be in writing and shall state briefly the order or relief applied for and the grounds for such motion. Any such motion shall be filed with the Hearing Officer and a copy thereof shall be served at the same time on the parties. Answering statements, if any, shall be filed in writing with the Hearing Officer within 5 days after service of the motion upon the party filing the answering statement, and a copy thereof shall be served within the same period upon the other parties. The Hearing Officer may in his discretion, call for oral arguments on any such motion.

10. Parties may agree by stipulation upon facts involved in the proceeding. Any stipulation reached before a final determination by the Director shall be submitted in writing to the Hearing Officer and shall become effective only if approved by the Hearing Officer.

11. Statements from interested citizens may be presented if authorized by the Hearing Officer. These statements are subject to the same Rules and Regulations as herein set forth.

b) Cross-Examination

1. Upon the hearing of any action any party thereto or any person for whose immediate benefit the action is prosecuted or defended, or the officers, directors or managing agents or any party to the action, may be called and examined as if under cross-examination at the instance of any party. The party calling for the examination is not precluded from rebutting the testimony thus given by countertestimony and may impeach the witness by proof of prior inconsistent statements.

2. If the Hearing Officer determines that a witness is hostile or unwilling, he may be examined by the party calling him as if under cross-examination.

3. The scope of cross-examination shall be defined by those issues relevant to the Director's determination.

4. Repetitious cross-examination may be limited by the Hearing Officer.

c) Documentary Evidence

1. The Hearing Officer may receive material and relevant evidence which would be relied upon by reasonably prudent persons in the conduct of serious affairs which is reasonably necessary to resolution of the issue for which it is offered; provided that the rules relating to privileged topics shall be observed.

2. the Hearing Officer shall exclude immaterial, irrelevant, and repetitious evidence.

3. When the admissibility of disputed evidence depends upon an arguable interpretation of substantive law, the Hearing Officer shall admit such evidence.

4. Upon stipulation of the parties, the Hearing Officer may order the record of any relevant prior proceeding before the Department incorporated into the record of the present proceeding. In such an event, the Hearing Officer shall incorporate the entire or appropriate portions of the record constituting such prior proceeding into the present proceeding.

5. Relevant scientific or technical articles, treatises or materials may be introduced into evidence subject to qualification of the author and subject to refutation or disputation through any introduction of comparable documentary evidence or expert testimony.

6. When a party desires to offer in evidence any portion of the record in any other proceeding or previously filed applications, such portion or application shall be offered in the form of an exhibit unless objected to or otherwise stipulated by the parties. Upon objection such materials may be submitted for admission pursuant to sub-section c(9) of this section.

7. When any material or relevant matter offered in evidence by any party is embraced in a book, paper or document containing other matter not material or relevant, the party offering the same shall plainly designate the matter so offered. If, in the judgment of the Hearing Officer, such immaterial or irrelevant matter would unnecessarily encumber the record, such book, paper or document will not be received in evidence as a whole, but the material or relevant portions thereof, if otherwise admissible, may be read into the record or a true copy thereof supplied in the form of an exhibit.

8. When an exhibit of a documentary character is marked for identification and offered in evidence, four copies thereof shall be furnished to the Hearing Officer and one copy to each party who requests a copy unless the Hearing Officer rules otherwise. Copies will be retained by the Hearing Officer and the Department.

9. When a party desires to offer in evidence any evidence heretofore considered in the issuance of a previous allocation order, such evidence shall be reintroduced by the proponent thereof provided said proponent has a witness or witnesses available who will state under oath that such evidence represents his testimony and is subject to cross-examination.

d) Depositions. During the pendency of any proceeding, the Hearing Officer either upon his own motion or upon application in writing by any party may cause the deposition for use as evidence in the proceeding of any witness within or without the State to be taken in the manner provided by law for depositions in civil actions in the course of this State, and to that end may compel the attendance of witnesses and the production of books, papers, accounts and documents. Except under special circumstances and for good cause shown, no deposition may be taken except upon 10 days prior notice to all parties.

e) Postponement or Continuance of Hearing.

1. A hearing may be postponed or continued for due cause by the Hearing Officer upon his own motion or upon motion of a party to the Hearing.

2. Notice of motion for postponement or continuance shall be given in writing, by the party requesting the motion, to all parties to the hearing within a reasonable time in advance of the previously scheduled hearing date.

f) Default. Failure of a party to appear on the date set for hearing, or failure to proceed as ordered by the Hearing Officer shall constitute a default. Within 30 days after notice to the party of the default order and upon good cause being shown, the party may move to vacate the default and be allowed to proceed as if no default had been entered. Upon default the Director shall enter such order as is appropriate based upon the evidence introduced at the hearing.

17 Ill. Adm. Code 3730.212 Subpoenas

a) Pursuant to Section 10 of the Act,upon verified application to the Hearing Officer by any party and upon a showing that such subpoena is reasonably required, or on motion of the Hearing Officer, the Hearing Officer shall issue a subpoena for attendance at a deposition or a hearing, which may include a command to produce books, papers, documents, or tangible things designated therein and reasonably necessary to resolution of the matter under consideration, subject to the limitations on discovery prescribed by these Rules.

b) Every subpoena shall state the title of the action and shall command each person to whom it is directed to attend and give testimony at the time and place therein specified.

c) The Hearing Officer, upon motion made promptly and in any event at or before the time specified in the subpoena for compliance therewith, may quash or modify the subpoena if it is unreasonable and oppressive.

d) Any person served with a subpoena issued in accordance with these rules who shall refuse or neglect to appear or to testify, or to produce books, papers, accounts or documents as commanded in such subpoena shall be guilty of a Class B misdemeanor.

17 Ill. Adm. Code 3730.213 Official Record

a) The petitioner or complainant, as applicable, shall provide a court reporter who shall record and transcribe a stenographic record of all hearings and will provide for such copies of the transcript as the Department may require for its own purposes.

b) After the transcript is filed, the Hearing Officer shall entertain requests for corrections and enter corrections either on the record of a subsequent hearing or in an Order.

c) The transcript of the hearing, all pleadings, all exhibits entered into evidence, and any documents officially noticed pursuant to Section 3730.211(a)(5) shall constitute the record.

d) Transcripts of hearings conducted by the Department shall be kept in the custody of the Department and will be open for inspection during the regular office hours. Copies may be made at the expense of the interested party.

History

• Source: Amended at 38 Ill. Reg. 22801, effective November 18, 2014

17 Ill. Adm. Code 3730.214 Order of Hearing Officer or Director

The Hearing Officer's findings and recommended order shall be presented to the Director for his approval. The Director may issue the recommended order as his own or he may modify the recommended order or reconsider the order or order a rehearing. Any party may petition the Director for reconsideration or for a rehearing within 30 days of the issuance of the Director's order. A copy of the order or decision of the Director shall be filed in the records of the Department and served on each party to the proceeding. Any order and decision of the Director shall be open for public inspection at his offices during regular office hours.

17 Ill. Adm. Code 3730.215 Hearing Officer's Proposed Order

Prior to, during or following the taking of testimony, the hearing of oral argument and the filing of briefs, if any, filed with him by the parties, the Hearing Officer may require filing of proposed orders including proposed findings of fact and conclusions of law.

17 Ill. Adm. Code 3730.301 Allocation Permits

a) No regional organization, municipality, political subdivision, agency or instrumentality, or any other organization, association or individual desiring to use water from Lake Michigan that is subject to allocation under the Act shall divert or use any such water after July 1, 1977, unless it has previously obtained from the Department a valid allocation permit.

b) The Department shall issue an allocation permit to any applicant it determines to be entitled to an allocation of water from the Lake Michigan diversion according to the criteria set out in this Subpart. The permit shall state the allocation the applicant is allowed, the starting date and duration of the permitted allocation, and such conditions as specified in Sections 3730.307 and 3730.309 as the Department may require the applicant to comply with in order to receive or to continue to receive its allocated share of the Lake Michigan diversion. Allocations for residential, industrial and commercial uses will be limited for each annual accounting period. Allocations for navigational makeup and discretionary dilution will be limited by a running average over five annual accounting periods. The Department will hold an amount of Lake Michigan water in reserve for lockage and leakage that will be based on a running average over 40 annual accounting periods.

c) If, over a five-year running period, a permittee appropriates water in amounts greater than 105% of its allocation for that period or if it appropriates in excess of 115% of its allocation in any one annual accounting period, the Department may issue a notice of violation of the allocation permit.

d) If a permittee commits a permit violation under subsection (a), (b) or (c) or if it fails to observe the conditions attached to its allocation permit, the Department may issue a notice of violation. Upon hearing and determination of violation, the permittee shall be deemed to have failed to obey an order made by the Department and may be subject to a fine of not less than $1,000 and not more than $10,000 to be recovered in the name of the People of the State of Illinois in any court of competent jurisdiction. Each day in which the prohibited activity continues shall constitute a new and separate violation of a Department order.

e) If, over a five-year running period, a permittee appropriates water in amounts less than 90% of its allocation for the period, any entity or the Department, on its own motion, may initiate proceedings for a modification according to Sections 3730.204(c) and 3730.310. Any modification shall be preceded by notice as provided in Section 3730.206, and a hearing shall be held in conformance with Subpart B.

f) If a permittee, because of physical limitations, cannot use an allocation, the Department may allocate this water, after notice and a hearing, to another use during an accounting period or hold it in reserve for future use without prejudice to any permittee's allocation in succeeding accounting periods.

History

• Source: Amended at 38 Ill. Reg. 22801, effective November 18, 2014

17 Ill. Adm. Code 3730.302 Application

An application for an allocation permit shall contain the following information, to be filed on forms provided by the Department:

a) The name and location of the applicant;

b) A description of the geographic area that the applicant supplies or intends to supply with water, and the number of people residing within that area;

c) An enumeration of the uses to which the allocation is intended to be put, including the proportion of the allocation that goes to each use;

d) A description of all proposed and existing systems for the storage, treatment, transportation and distribution of water and the location of any discharge of wastewater effluent within the area the applicant intends to supply with water from the allocation, including the location, dates of construction, and major improvements of wells;

e) A description of all present sources of water supply, within the area described under subsection (b), including a breakdown stating the amounts and quality of water currently available and the quantity prospectively available from each source;

f) A statement of anticipated future needs during the period for which application for a water allocation is being made, including projected land use changes and population changes and per capita use;

g) A description of the applicant's current and proposed water conservation programs, measures and ordinances that promote the efficient use of its water supply;

h) Such other information relevant to the Lake Michigan allocation as the Department deems appropriate.

History

• Source: Amended at 38 Ill. Reg. 22801, effective November 18, 2014

17 Ill. Adm. Code 3730.303 Classification of Water Users

a) Applicants will be divided into broad categories determined by water use. The categories in order of descending priorities are: Categories IA, IB, IIA, IIB and III.

Category IA –

Applicants whose primary water needs are residential, commercial or industrial and whose future or continued use of Lake Michigan water is the most economical source of supply.

Category IB –

Applicants whose primary water demands are residential, commercial and industrial and whose use of Lake Michigan water would reduce the regional use of the deep aquifer.

Category IIA −

Applicants whose primary water demands are for the minimum flows necessary to meet navigation requirements and minimum discretionary dilution flows necessary to maintain the Chicago Area Waterway System in a reasonably satisfactory sanitary condition.

Category IIB –

Applicants whose water demands are for the minimum discretionary dilution flows necessary to meet water quality standards in the Chicago Area Waterway System.

Category III –

Applicants whose water demands do not fall into Category IA, IB, IIA, or IIB.

b) In determining the need for Category IA and IB allocations, the Department will consider the following items:

1. Adequacy of supply from sources other than Lake Michigan.

2. Economics of alternative supplies.

3. For new applicants, priority will be given to allocations for domestic purposes.

4. For new applicants, allocations of Lake Michigan water will be made with the goal of reducing withdrawals from the Cambrian-Ordovician Aquifer (deep aquifer).

c) In determining the need for priorities within Categories IIA and IIB, the Department will consider the following items:

1. A limitation of 270 cubic feet per second for discretionary dilution for water quality purposes in the Chicago Area Waterway System.

2. The need to meet navigation requirements in the Chicago Area Waterway System.

3. The minimum discretionary diversion needed to keep water quality in the Chicago Area Waterway System in a reasonable satisfactory sanitary condition.

d) Category III applicants do not qualify for an allocation of water from Lake Michigan.

e) The Department will normally make allocations to meet the full water needs of Category IA and IB applicants as determined by the Department before any water is allocated to applicants in Category IIA and IIB.

f) In determining the amount of water available for allocations to Categories IA, IB, IIA and IIB, the Department will consider the amount of water that must be reserved for storm water runoff, lockage and leakage and a reserve for future increases in demands and storm water runoff.

History

• Source: Amended at 38 Ill. Reg. 22801, effective November 18, 2014

17 Ill. Adm. Code 3730.304 Water Needs Criteria

The Department will determine anticipated water needs for each applicant. The Department will take into consideration in making that determination the population of the area to be served, projected population growth, current and projected per capita consumption within the area, the nature and extent of industrial uses (including a consideration of typical requirements for similar industries), municipal and hydrant uses (public facilities, park upkeep, fire protection), implementation of conservation practices, and the reduction of non-revenue water as required by this Section.

a) Conservation practices that will be considered with respect to applicants in Categories IA and IB include the extent of metering, the provision of building codes for water efficient equipment, ordinances that promote the efficient use of water for lawn sprinkling and other outside uses, rate structures that encourage conservation, past record of enforcement of water saving ordinances, expenditures for maintenance and repair of water distribution systems, and implementation of specific ground water conservation levels of usage recommended by State or regional planning agencies. The Director may establish maximum reasonable per capita consumption rates for each user based upon either an evaluation of the relative proportion of industrial, commercial and residential users served by the permittee or the efficiency of the permittee's water distribution system, or both. Applicants in Categories IA and IB shall limit non-revenue water so that it is less than 12% of net annual pumpage in Water Year 2015, decreasing to no more than 10% by Water Year 2019 and all years thereafter. Applicants whose non-revenue water exceeds the non-revenue thresholds (12% in Water Year 2015, decreasing to 10% in Water Year 2019) shall submit a water system improvement plan that outlines the actions the applicant plans to undertake, along with a timeframe, to reduce non-revenue water to less than the thresholds outlined in this subsection. The Department may grant a waiver to the requirement to submit a water system improvement plan to an applicant whose non-revenue water exceeds the thresholds if it can be shown that the reason for exceeding the non-revenue water threshold is due to metered, but unbilled, consumption or to authorized, unmetered, unbilled consumption when the quantity can be determined through acceptable engineering practices. The Department will consider this information in determining proper allocation amounts.

b) Conservation practices that will be considered with respect to applicants in Categories IIA and IIB include improved and more accurate measurement and accounting procedures, improved treatment of all wastewater flows, elimination of untreated combined sewer bypass flows, reasonable use of aeration facilities, implementation of navigational and storm response operations, and procedures to minimize Lake Michigan diversion and implementation of effective programs of leak prevention, detection and correction.

History

• Source: Amended at 38 Ill. Reg. 22801, effective November 18, 2014

17 Ill. Adm. Code 3730.305 Emergencies

a) Upon the occurrence of an unforeseen event and where necessary to safeguard the health, safety, or welfare of the people of the State of Illinois, the Director shall make an emergency allocation of water upon a showing by any user or applicant that:

1. A water shortage emergency exists, threatening the public health, safety, or welfare of people whom the user or applicant intends to supply with water; and

2. the user or applicant is making provisions to prevent the continuation or recurrence of such emergency allocations by developing alternative sources of water supply.

b) The effectiveness of an emergency allocation order shall last until the Department has issued and entered an order after a hearing regarding the emergency allocation is held in accordance with Section 3730.202(d).

c) All hearings on emergency allocations will be held after notice has been given pursuant to Section 3730.206(a).

History

• Source: Amended at 9 Ill. Reg. 386, effective January 1, 1985

17 Ill. Adm. Code 3730.306 Transfer of Water Use Rights

a) A user may not transfer any portion of its allocation of Lake Michigan water to another user unless the transferor has satisfied all of the conditions precedent attached to its water allocation permit and the Department has approved the transfer according to the procedures in subsection (b) or (c).

b) All requests for transfers, except those described in subsection (c), shall be processed as petitions for modification of the allocation permits of the transferor and the transferee according to Sections 3730.204(c) and 3730.310. These requests shall not be approved or disapproved unless notice has been given as provided in Section 3730.206 and a hearing has been held in conformance with Subpart B.

c) Any request for a transfer that includes the following statements may be approved by the Department after 30 days notice to all permittees and an opportunity for hearing has been provided:

1. The transferor must have satisfied all of the conditions precedent attached to its water allocation permit.

2. The transferee must be a duly constituted regional water supply organization.

3. The transferor and transferee must clearly indicate that the transferee assumes responsibility for compliance by the transferor with the requirements of Sections 3730.307 and 3730.309.

4. The requested transfer must comprise 100% of the transferor's allocation.

5. The transferred allocation must be used solely by the transferor.

d) Transfers to another user of any part of an allocation, except those transfers described in subsection (c), will be considered prima evidence of a reduction in the transferor's water use needs equivalent in size to the transferred allocation when the transferor applies for a renewal permit. However, evidence that an applicant has obtained additional Lake Michigan water from other users beyond that amount originally allocated to the transferee will not be sufficient to establish a prima facie case that the transferee-applicant's original allocation should be increased by a corresponding amount.

e) All transfers terminate upon the expiration of the transferor's allocation permit.

History

• Source: Amended at 38 Ill. Reg. 22801, effective November 18, 2014

17 Ill. Adm. Code 3730.307 Conservation Practices and Other Permit Conditions

a) The Department shall condition allocations within a user category upon required conservation practices for each user category as specified in subsections (b) and (c). Failure by any permittee to meet the conservation requirements applicable to it within a reasonable period of time will, upon notice, hearing and determination of the failure, constitutes a violation of a Department order.

b) Permittees in Categories IA and IB shall limit non-revenue water so that it is less than 12% of net annual pumpage (system input volume) in Water Year 2015, decreasing to no more than 10% by Water Year 2019 and all years thereafter. Permittees whose non-revenue water exceeds the non-revenue thresholds (12% in Water Year 2015, decreasing to 10% by Water Year 2019) shall submit a water system improvement plan that outlines the actions the permittee plans to undertake, along with a timeframe, to reduce non-revenue water to less than the thresholds outlined in this subsection. The Department may grant a waiver to the requirements to submit a water system improvement plan to a permittee whose non-revenue water exceeds the thresholds if it can be shown that the reason for exceeding the non-revenue water threshold is due to metered, but unbilled, consumption or to authorized, unmetered, unbilled consumption when the quantity can be determined through acceptable engineering practices. The Department recognizes that actions necessary to reduce water losses can require significant capital expenditures and a lengthy timeframe, and that communities face other pressing infrastructure needs, and will take this into account in reviewing and approving water system improvement plans.

c) The Department shall require evidence of adoptions by the permittee of the following conservation practices as applicable to the particular user:

1. Leakage monitoring and correction for storage, transmission and distribution systems.

2. Metering of all new construction. When practicable and feasible, the Department recommends sub-metering in new multi-family buildings.

3. Metering of existing non-metered services as part of any major remodeling.

4. The adoption of ordinances requiring that new and replacement plumbing fixtures be a labeled WaterSense product, as specified by USEPA.

5. The adoption of ordinances requiring the installation of closed system air conditioning in all new construction and in all remodeling.

6. The adoption of ordinances requiring that all lavatories for public use in new construction or remodeling be equipped with metering or self-closing faucets.

7. The adoption of ordinances requiring that all newly constructed or remodeled car wash installations be equipped with a water recycling system.

8. The adoption of ordinances that restrict non-essential outside water uses to prevent excessive, wasteful use. These shall provide that unrestricted lawn sprinkling will not be allowed from May 15 through September 15 of each year by requiring, as a minimum, that lawn sprinkling shall not occur on consecutive days nor shall any lawn sprinkling occur during at least a 6 hour period in the middle of the day (i.e., 10 a.m. through 4 p.m., noon to 6 p.m.) when evapotranspiration is at its highest. New lawns (less than 3 months old) may be exempted from this provision. In addition, new/replacement sprinkler systems shall be equipped with a WaterSense labeled irrigation controller and shall be in compliance with Section 2.5(g) of the Illinois Plumbing License Law [225 ILCS 320].

9. Development and implementation of public programs to encourage efficient water use.

10. Installation of facilities and implementation of programs to reduce to a reasonable minimum, and to accurately account for, water used for navigational and discretionary diversion purposes.

d) Within 90 days after receipt of an allocation permit, each permittee that uses any water from deep aquifer pumpage shall submit and implement a phased program designed to end this practice, other than for emergency or standby use, within five years after the receipt of Lake Michigan water. New applicants may petition the Department for a waiver of this requirement, which the Department may grant if it determines that the applicant has a legitimate legal or practical basis for its inability to comply with this requirement and when a partial allocation of Lake Michigan water will result in reduced pumpage from the deep aquifer. Existing permittees are not eligible to petition the Department for a waiver of this requirement.

e) As a condition of receiving an allocation of Lake Michigan water, all permittees will limit unmetered hydrant uses to 1% or less of net annual pumpage in each annual accounting period. The Department may grant an exception to this requirement if it can be shown by the user that this requirement can't be met. In determining the merits of a request for an exception, the Department considers such factors as engineering studies of hydrant uses and unusual circumstances during an annual accounting period.

f) The Department recommends that all permittees adopt water rate structures based on metered water use and that water rate structures be developed that will discourage excessive water use. The Department also recommends that water rates reflect the full cost of water, including the long term cost to properly maintain and operate the water supply distribution system in such a manner as to keep system losses to a minimum.

History

• Source: Amended at 38 Ill. Reg. 22801, effective November 18, 2014

17 Ill. Adm. Code 3730.308 Duration of Permit and Renewals

a) The Department shall determine the duration of each allocation permit, which shall be stated upon the face of the permit.

b) At the expiration of each allocation permit, the permit shall be renewed year by year in the same amount and on the same conditions as were in force upon expiration of the permit, unless any entity, or the Department on its own motion, files a petition for modification in compliance with Section 3730.204(c) and 3730.310 and the Department determines that the petition is not frivolous. A permit shall remain in force and effect pending a determination by the Department of the issues raised in the modification proceedings.

17 Ill. Adm. Code 3730.309 Reporting Requirements

a) Within 60 days after the end of each accounting period, all permittees shall furnish the following information and such other information relevant to the Lake Michigan allocation as the Department may require on forms provided by the Department:

1. Total water use from all sources for the accounting year and the percentage of water distributed through metered services;

2. Average daily water use by month from all sources for the accounting year;

3. Maximum and minimum daily pumpage from all sources for the accounting year and the dates of these events;

4. Total pumpage from Lake Michigan, shallow aquifer wells, and deep aquifer wells, including the number and location of each well, and the percentage of total water use for the accounting year from each source;

5. Individual well production rates for the accounting year, including well numbers, average pumping rates, and average number of hours pumped per day;

6. For each well, a list of all parameters that exceed the standards in 35 Ill. Adm. Code 620;

7. A list of which wells, if any, interfere with each other during simultaneous pumping;

8. A description of any problems anticipated from any well supply during the next accounting period;

9. The amount and percentage of water from all sources for the accounting period used for each of the following purposes:

A) Residential,

B) Industrial and commercial,

C) Municipal,

D) Firefighting and training,

E) Water main flushing,

F) Sewer flushing,

G) Street cleaning,

H) Public and private construction,

I) Leakage,

J) Lockage,

K) Storm water runoff,

L) Navigational makeup,

M) Discretionary diversion,

N) Unmetered services,

O) Non-revenue water, and

P) Other identified uses;

10. Summaries of the results and recommendations of any leak surveys conducted in the accounting period;

11. Amounts transferred and sources of all water sold or otherwise provided to any other named distribution system during the accounting period;

12. A copy of the current water rates for all consumers, including an indication whether each water rate structure is declining, flat or increasing; and

13. The name, address and telephone number of the person the Department should contact if further information is needed.

b) Within 30 days after the end of each month, all permittees with an intake structure on Lake Michigan shall state the daily pumpage rates for Lake Michigan water, the monthly average pumpage rate, the average daily supply transferred to other named entities, and such other information relevant to the Lake Michigan allocation as the Department may reasonably require on forms provided by the Department.

c) Within 30 days after the end of each month, all permittees who are the first Illinois users of water diverted from Lake Michigan outside Illinois shall state the daily pumpage rates for Lake Michigan water, the monthly average pumpage rate, the average daily supply transferred to other entities, and such other information relevant to the Lake Michigan allocation as the Department may reasonably require on forms provided by the Department.

History

• Source: Amended at 38 Ill. Reg. 22801, effective November 18, 2014

17 Ill. Adm. Code 3730.310 Petitions for Modification

a) Petitions for modification of an allocation permit may be filed by any entity at any time. Petitions for modification must comply with Section 3730.204(c). If the Department finds that any such petition is supported by an adequate statement of reasons, is not plainly devoid of merit or frivolous, and does not deal with a subject on which a hearing has been held within the preceding six months, a hearing shall be held pursuant to Sections 3730.201 through 3730.215. Copies of each petition for modification shall be served upon all parties to the allocation proceedings. A copy of the service list may be obtained from the Department.

b) Bases for modification of an allocation permit include, but are not limited to:

1. Evidence of a substantial change in circumstances that results in a change in water needs of the entity;

2. Violation of a permit condition and/or failure or neglect to properly utilize an allocation;

3. Determination by the Department that a total reallocation is necessary to best utilize the Lake Michigan diversion to preserve the health, safety and welfare of the Northeastern Illinois Metropolitan Region; or

4. Notification received by the Department from the Illinois Environmental Protection Agency stating that pollution abatement facilities affecting the water quality of the Chicago Area Waterway System have become operational or that standards affecting the water quality of the Chicago Area Waterway System have been changed.

c) In the Department's determination of the outcome of a modification proceeding, the Department shall determine the effect of a modification on any outstanding securities, debt obligations or contractual obligations of any permittee whose allocation is the subject of the modification proceeding and shall endeavor to avoid any material adverse effect on these obligations.

d) The Department may, in its discretion, schedule a hearing upon any petition without regard to the existence of the factors listed in subsection (b) if it deems holding the hearing to be in the public interest.

History

• Source: Amended at 38 Ill. Reg. 22801, effective November 18, 2014

17 Ill. Adm. Code 3730.401 Administrative Review

All final administrative orders of the Director except those orders which deal with rulemaking shall be subject to judicial review pursuant to the Administrative Review Law [735 ILCS 5/Art. III] by filing a complaint and causing the issuance of summons on the Director and on each of the other defendants within 35 days from the date that a copy of such order sought to be reviewed was served.

17 Ill. Adm. Code 3730.402 Modification of Order and Decision of Department

The Director at any time prior to the date on which he is required to file his answer in a judicial review proceeding may upon reasonable advance notice given to all parties by registered or certified mail, which notice shall not be less than ten days in advance of such date, modify or set aside in whole or in part the Order and Decision appealed from.

17 Ill. Adm. Code 3730.501 Penalties

Any person who shall neglect or refuse or fail to obey any lawful order made by the Department or to carry the same into effect in accordance with the terms thereof shall be guilty of a business offense and shall be liable to a fine of not less than $1,000.00 nor more than $10,000.00 to be recovered in the name of the People of the State of Illinois in any court of competent jurisdiction, as provided in Section 8 of the Act.

Chapter V Nature Preserves Commission

Part 4000 Management of Nature Preserves

17 Ill. Adm. Code 4000.110 Definitions

As used in these rules, the following terms have the meanings indicated, except where the context requires otherwise:

"Act" is the Illinois Natural Areas Preservation Act (Ill. Rev. Stat. 1991, ch. 105, pars. 701 et seq.) [525 ILCS 30].

"Buffer area" is defined in the Illinois Natural Areas Preservation Act.

"Commission" is the Illinois Nature Preserves Commission.

"Custodian" is the person or agency designated by the owner as being responsible for the protection and care of a nature preserve in accordance with this Part and the master plan.

"Department" is the Illinois Department of Natural Resources.

"Instrument of dedication" is the term used in the Illinois Natural Areas Preservation Act.

"Management schedule" consists of two documents in a form prescribed by the Commission: the site management goals and the multi-year management schedule, which are both specific to a nature preserve and describe management activities to be undertaken therein.

"Master plan" is a written plan which, consistent with the Illinois Natural Areas Preservation Act, the instrument of dedication, and this Part, sets forth in detail the preservation, protection, management, development, and use of a specific nature preserve, describing the ownership, location, purpose, character, resources, and conditions of custody and access.

"Nature preserve" or "preserve" is defined in the Illinois Natural Areas Preservation Act.

"Rules" are Rules for Management of Nature Preserves, 17 Ill. Adm. Code 4000.

"Special Use Permit" is a form used to evaluate and approve research and other activities in nature preserves.

17 Ill. Adm. Code 4000.120 Applicability of Rules

a) The provisions of the instrument of dedication for a nature preserve shall supersede subsequently adopted administrative rules, unless such rules are adopted pursuant to a statutory change requiring such modification of the rules.

b) Unless otherwise specified, the use of the term "nature preserve" in these rules applies to property dedicated as a nature preserve and property dedicated as a buffer area.

c) Management, development, or uses of a specific preserve, not otherwise allowed under the rules, may be allowed as a provision of the master plan for the site, or may be approved by the Commission under Section 4000.160 of this Part.

History

• Source: Amended at 18 Ill. Reg. 2290, effective January 31, 1994

17 Ill. Adm. Code 4000.130 Administration and Custody

a) If not otherwise provided in the instrument of dedication, the owner of a nature preserve shall be or shall designate an individual or agency as the custodian of the nature preserve. The custodian shall administer, manage, and protect the nature preserve in accordance with the instrument of dedication, rules, and the master plan or management schedule. The Commission must be notified by the owner or custodian of any changes in ownership, conditions of custody, access or use.

b) The custodian may assign or appoint a person or entity to participate in the administration, management, and protection of the preserve, defining their responsibilities and assuring that their activities are consistent with the instrument of dedication, rules, and the master plan or management schedule for the preserve.

c) The custodian may restrict or deny access to a nature preserve. However, members and agents of the Commission or their designees may enter any nature preserve for the purposes of inspection.

d) In case of resignation, death, disability, or failure of the custodian of a preserve not owned by the Department to administer and manage the preserve in accordance with the rules and master plan or management schedule, the Commission shall undertake or assign to another body such custodial functions as are necessary for the maintenance and protection of the preserve until the disability of the custodian is removed or a successor is designated.

History

• Source: Section repealed, new Section added at 18 Ill. Reg. 2290, effective January 31, 1994

17 Ill. Adm. Code 4000.140 Management Guidelines (repealed)

History

• Source: Repealed at 18 Ill. Reg. 2290, effective January 31, 1994

17 Ill. Adm. Code 4000.150 Master Plans

a) A master plan must be developed for each nature preserve. The master plan must address the preservation, protection, management, development, and use of the nature preserve, identify the nature preserve owner, the location and description of the nature preserve, and conditions of custody and access. The master plan must also identify the presence and location of high quality natural communities, threatened or endangered species, and other significant or notable natural features occurring on the preserve. Reserved rights, previously approved deviations from the rules approved under Section 4000.160, and other pertinent Commission resolutions should be referenced in the master plan.

b) A master plan must be compiled following a master plan handbook prescribed by the Commission or a master plan must consist of the proposal for dedication pursuant to 2 Ill. Adm. Code 2150, the instrument of dedication, and a management schedule, which cumulatively address the requirements of Section 4000.150(a). The management schedule must be approved by the owner of the nature preserve before being submitted to the Commission for approval. The Commission may approve the management schedule in whole or in part, with any exceptions stated in writing.

c) The management goals portion of the management schedule must address the following: the objective for establishing the preserve, the status of its natural features, the extent of any degradation, the amount of visitor use, any natural lands nearby, any threats to the integrity of the preserve, concluding with the overall management goals. Once the management goals portion of the management schedule has been approved it continues indefinitely unless revised, in contrast to the multi-year schedule which addresses specific management activities during a finite period of time. When the multi-year schedule approaches the end of such time period, a new schedule shall be prepared and, following the landowner's approval, shall be submitted to the Commission.

d) The owner and/or custodian may elect to prepare the master plan and any revisions thereto. Based upon the availability of staff and resources, the Commission may assist the owner with preparation of the master plan. If the owner and/or custodian do not elect to prepare the master plan, the Commission shall be responsible for arranging its preparation. The master plan and any revisions thereto shall take effect upon approval by the Commission and the owner.

History

• Source: Section repealed, new Section added at 18 Ill. Reg. 2290, effective January 31, 1994

17 Ill. Adm. Code 4000.160 Approval of Specific Management Activities

Management activities otherwise prohibited under the rules or an approved master plan may be approved by the Commission upon written request of the owner. The request must outline the objective of the management activity, and identify the natural communities and any threatened or endangered species, or significant or notable natural features, that may be affected by the proposed activity. If the Commission determines that the proposed activity will enhance the natural features of the preserve, consistent with the proposal for dedication, the Commission shall approve the request. The Commission may, with reasonable notice to the custodian, withdraw approval for management activities previously granted if it is subsequently determined that the activity may have an adverse impact on the nature preserve.

History

• Source: Section repealed, new Section added at 18 Ill. Reg. 2290, effective January 31, 1994

17 Ill. Adm. Code 4000.165 Reports

The custodian shall submit an annual report to the Commission by February 15 of each year. The report shall be in such form as specified by the Commission and will become a part of the record for each nature preserve as described in Section 4000.620. It shall include a record of natural catastrophes, visitor use, volunteer activities, any possible violations of the Act or these rules, changes in adjacent land use, and other influences affecting the natural conditions within the nature preserve.

History

• Source: Added at 18 Ill. Reg. 2290, effective January 31, 1994

17 Ill. Adm. Code 4000.170 Intrusions

There shall be no intrusions of structures, easements, rights of way, or land uses which do not conform with this Part, except for preexisting rights which are not inconsistent with the Act, those specifically allowed as part of an approved master plan or management schedule, or those approved as a deviation from the rules under Section 4000.160.

History

• Source: Amended at 18 Ill. Reg. 2290, effective January 31, 1994

17 Ill. Adm. Code 4000.180 Emergency Situations

a) Emergency situations shall be reported immediately to the custodian and to either the Commission or the Department.

b) Emergency situations that require immediate action to prevent injury to persons or damage to property as determined by the custodian, the Commission, or the Department shall be handled in such manner as to cause minimal damage to natural conditions. Entry of motor vehicles or heavy equipment into a preserve shall be avoided if possible.

c) Situations that do not threaten immediate injury to persons or immediate serious damage to property will be handled according to rules.

17 Ill. Adm. Code 4000.210 Boundary Markers and Signs

Nature preserves boundaries shall be made clearly evident by posting boundary markers at intervals of approximately 330 feet if feasible, or as otherwise provided in the master plan. Boundary marker signs shall conform to the style of the signs provided by the Commission and Department. Application may be made to the Commission or Department for boundary marker signs, and shall be granted by the Commission or Department, based upon the availability of resources. If appropriate, fencing or other means may also be employed to indicate the boundaries of a preserve.

History

• Source: Amended at 18 Ill. Reg. 2290, effective January 31, 1994

17 Ill. Adm. Code 4000.220 Boundary Fences

Boundary fences that are required by Section 2 of the Fence Act (Ill. Rev. Stat. 1991, ch. 54, par. 2) [765 ILCS 130/2] or barriers that are needed to protect the preserve may be installed as provided in the master plan or management schedule. Generally they shall not be in a form that will create a detrimental effect on movement of wildlife, air circulation, or other natural conditions.

History

• Source: Amended at 18 Ill. Reg. 2290, effective January 31, 1994

17 Ill. Adm. Code 4000.230 Location Markers (repealed)

History

• Source: Repealed at 18 Ill. Reg. 2290, effective January 31, 1994

17 Ill. Adm. Code 4000.240 Access Lanes

Vehicular access lanes shall be installed and maintained within a nature preserve only where essential for patrol, fire control, or other management or research activities and shall be in accordance with the master plan. Such lanes shall be closed to all except service vehicles. They shall provide a single track, and clearing shall not extend more than 7 feet on each side of the center of the lane. Service vehicles shall be used only on such designated access lanes except in case of emergency or as approved by the Commission.

History

• Source: Amended at 18 Ill. Reg. 2290, effective January 31, 1994

17 Ill. Adm. Code 4000.250 Firebreaks

Where boundary firebreaks are needed, they shall be constructed in a buffer area outside the preserve if possible. Firebreaks within a preserve shall be kept to a minimum and shall be constructed only in accordance with the master plan or management schedule. Temporary firebreaks, made by mowing, raking, or wetting, may be used in conjunction with a prescribed burn, pursuant to Section 4000.435.

History

• Source: Amended at 18 Ill. Reg. 2290, effective January 31, 1994

17 Ill. Adm. Code 4000.260 Trails

a) The establishment or rehabilitation of trails in a nature preserve may be proposed in writing to the Commission with the prior approval of the landowner. Trails shall conform to the objectives of the nature preserve as stated in the master plan or management schedule. Trails shall be laid out so as to affect only part of the preserve and shall have minimal impact on natural features. Trails should have no adverse impact on endangered or threatened species or fragile or limited natural communities or features, pursuant to Section 11 of the Illinois Endangered Species Protection Act (Ill. Rev. Stat. 1991, ch. 8, par. 341 [520 ILCS 10/11].

b) The design and routing of any trails other than natural wildlife paths shall be specified in the master plan or management schedule. Trails shall be adequate to provide for permitted use of a preserve and to prevent erosion, trampling of vegetation, and other deterioration, but otherwise shall be kept to a minimum. Use of paving materials, footbridges, and elevated walks is permissible when provided for in the master plan or management schedule. Synthetic materials, painted or chemically treated wood, or stone or earth materials from outside the preserve may be used in trail construction only as provided in the master plan or management schedule.

c) Trail construction shall not threaten the continued existence of any population of a native plant or animal species in a nature preserve. No plant species listed as endangered or threatened pursuant to Ill. Rev. Stat. 1991, ch. 8, par. 337 [520 ILCS 10/7] or designated in the master plan as a species of management concern shall be removed, damaged, or cut in trail construction or maintenance.

d) Any proposal for trail development or rehabilitation should address the suitability of the site for providing handicapped accessibility, considering factors such as the type of natural communities, soils, slope, topography hydrology, size of the nature preserve, and any threatened and endangered species habitat. Providing access to disabled persons is encouraged; however, public access is not a requirement of nature preserve dedication and is secondary to protection of the nature preserve. Consistent with the Americans with Disabilities Act of 1990, P.L. 101-336, modifications to provide handicapped accessible trails are not required if such construction would harm the features for which the preserve was dedicated or where conditions such as steep slopes or saturated soils make it infeasible to meet regulations.

History

• Source: Amended at 18 Ill. Reg. 2290, effective January 31, 1994

17 Ill. Adm. Code 4000.270 Other Structures and Improvements

a) Within a dedicated nature preserve, necessary signs, trash receptacles, and minor structures required to house research instruments or hand tools are permitted if provided for in the master plan, management schedule, or in a Special Use Permit. Signs and structures shall be approved by the Commission and the owner.

b) Within buffer areas, service areas may be established which provide access and parking, management facilities, and/or visitor facilities. Service areas must not impair the natural features of the nature preserve. Such necessary service areas should be included in the instrument of dedication, master plan or management schedule. All other structures and facilities not included in Section 4000.270(a) shall be located in buffer areas or on property outside the dedicated nature preserve.

History

• Source: Amended at 18 Ill. Reg. 2290, effective January 31, 1994

17 Ill. Adm. Code 4000.280 Buffer Areas

a) Land may be dedicated as a buffer area if it serves one or more of the following purposes:

1. protects the dedicated nature preserve or registered natural area;

2. provides access to the dedicated nature preserve or registered natural area;

3. serves as a necessary adjunct to the dedicated nature preserve or registered natural area; or

4. possesses potential for restoration of its natural features.

b) The instrument of dedication, master plan or management schedule for a nature preserve should include provisions concerning management of the buffer area as part of the nature preserve or those uses, other than nature preservation, which do not adversely affect the preserve.

History

• Source: Added at 18 Ill. Reg. 2290, effective January 31, 1994

17 Ill. Adm. Code 4000.310 Buffer Areas (repealed)

History

• Source: Repealed at 18 Ill. Reg. 2290, effective January 31, 1994

17 Ill. Adm. Code 4000.320 Service Areas (repealed)

History

• Source: Repealed at 18 Ill. Reg. 2290, effective January 31, 1994

17 Ill. Adm. Code 4000.410 Scenic and Landscape Management (repealed)

History

• Source: Repealed at 18 Ill. Reg. 2290, effective January 31, 1994

17 Ill. Adm. Code 4000.415 Removal or Introduction of Objects

a) Except in the circumstances described in subsection (b) and (c) below, there shall be no removal or consumptive use of any material, product, or object from a nature preserve and there shall be no introduction of any material, product, or object to a nature preserve. Prohibited activities include, but are not limited to, grazing by domestic animals; farming; gathering of firewood or any plant material including roots and seeds; mining or quarrying; harvesting of aquatic life, furbearers, or game animals; and dumping of garbage or other materials.

b) Removal or introduction of objects is allowed pursuant to Sections 4000.210 through 4000.280, Sections 4000.415 through 4000.475, Section 4000.570, and Section 4000.580; and as may be provided in the instrument of dedication, the master plan, management schedule, or pursuant to Section 4000.160.

c) With prior notification of the Commission:

1. Old interior fences may be removed, giving consideration to leaving posts to mark boundaries between former land uses;

2. Rubbish may be removed; and

3. Structures having no utilitarian, historic, scientific, or habitat value may be demolished or removed.

History

• Source: Added at 18 Ill. Reg. 2290, effective January 31, 1994

17 Ill. Adm. Code 4000.420 Elimination of Safety Hazards (repealed)

History

• Source: Repealed at 18 Ill. Reg. 2290, effective January 31, 1994

17 Ill. Adm. Code 4000.425 Management of Vegetation and Wildlife

a) Control of plant succession

1. Control of plant succession by deliberate chemical or mechanical manipulation may be undertaken to preserve or restore a presettlement natural community or a threatened or endangered species.

2. Plant succession control measures may be undertaken as provided in the master plan or management schedule. Control measures shall be applied with caution and only to such part of the area as is necessary. Control measures shall be undertaken only with prior observation and study of the area and with scientific evidence of necessity. Control measures shall be followed by observation and reporting of results. The master plan or management schedule may allow employment of prescribed burning, mowing, grazing, cutting of shrubs and trees, girdling of trees, hand-pulling or cutting of invasive herbaceous species, application of herbicide as specified, and other management practices to alter plant succession.

3. Vegetation may be managed as specified in the master plan or management schedule. Allowable practices include but are not limited to the following:

A) Plant species not native to the site or vicinity may be eliminated by cutting, girdling, grubbing, or basal or foliar application of specified herbicide;

B) The use of prescribed burning in fire-maintained communities so long as the time of burning during the year, the frequency of burning, and the fractional amount of the area that may be burned each year has been reviewed and approved by the Commission pursuant to Section 4000.435;

C) Invading native woody species may be eliminated or controlled by cutting, girdling, grubbing, or basal application of specified herbicide.

b) Control of noxious species

Species of plants and animals which are noxious in fact or law (Illinois Noxious Weed Act, 8 Ill. Adm. Code 220) shall be controlled as provided in the master plan or management schedule.

c) Control of exotic species

1. Control of exotic plants may be undertaken by control of plant succession or other management practices as provided in subsection (a) of this Section.

2. Control of exotic animals may be undertaken as provided in the master plan or management schedule.

d) Control of natural populations

There shall be no action to increase or reduce populations of native plants or animals or to restrict movement across boundaries of a preserve, except for the purposes of controlling an animal overpopulation that is altering the natural character of the preserve, or to restore degraded natural communities as provided in subsections (a) and (e) of this Section. Any such measures to be applied must be in accordance with the master plan or management schedule.

e) Management of endangered and threatened species and species of management concern

1. Habitat manipulations and protective measures in favor of particular species shall be undertaken only as provided in the master plan, management schedule, or as approved by the Commission after consultation with the Department and the Endangered Species Protection Board. Approval will be based upon evaluation of generally accepted management practices or upon a proposal submitted to the Commission which describes the proposed activities, species' life history and habitat requirements, and characteristics and objectives of the preserve.

2. Control of plant succession in favor of particular species shall be as provided in subsection (a) of this Section.

f) Introduction of plants and animals

No plants or animals or their reproductive bodies shall be brought into a nature preserve or moved from one place to another within a preserve except for the purposes of restoring degraded natural communities to the extent they are historically known or protecting or enhancing populations of endangered or threatened species. Such introduction shall be carried out as provided in the master plan, management schedule, or pursuant to Section 4000.160.

History

• Source: Added at 18 Ill. Reg. 2290, effective January 31, 1994

17 Ill. Adm. Code 4000.430 Removal or Introduction of Objects (repealed)

History

• Source: Repealed at 18 Ill. Reg. 2290, effective January 31, 1994

17 Ill. Adm. Code 4000.435 Fire Control

a) Wildfires – All wildfires shall be brought under control as quickly as possible, extinguishing burning materials to prevent potential reignition. Any dead standing trees or fire killed trees which pose a safety hazard may be removed pursuant to Section 4000.475. After a fire within a nature preserve, there shall be no cleanup, fire hazard reduction, or replanting except with the approval of the Commission. Approval will be based upon health and safety considerations or need for restoration.

b) Prescribed burning – Prescribed burning may be conducted with the prior approval of the landowner and as part of a master plan or management schedule. The responsible person must also obtain, in advance of conducting prescribed burning, any other required local, county, State, or federal permits. A written plan shall be prepared for each prescribed burn on a standardized form. Burning shall not be done under conditions more hazardous than specified in the prescribed burn plan. Fire crew members shall be adequately trained and capable of fire control. Use of equipment and vehicles shall be specified in the prescribed burn plan; no equipment or vehicles that would cause damage or alteration to the natural features of the preserve shall be used.

History

• Source: Added at 18 Ill. Reg. 2290, effective January 31, 1994

17 Ill. Adm. Code 4000.440 Water Level Control

Natural water levels shall not be altered. Water levels which have been altered by artificial means which include, but are not limited to, installation of drain tiles and creation of ditches, may be changed if identified in the master plan or management schedule as essential for the maintenance and restoration of natural conditions or to protect significant or notable features.

History

• Source: Amended at 18 Ill. Reg. 2290, effective January 31, 1994

17 Ill. Adm. Code 4000.450 Fire Control (repealed)

History

• Source: Repealed at 18 Ill. Reg. 2290, effective January 31, 1994

17 Ill. Adm. Code 4000.460 Erosion Control

Natural erosion shall not be controlled. Erosion and soil deposition due to past or present disturbance by humans of natural conditions within or outside of the preserve may be controlled in accordance with the master plan or management schedule.

History

• Source: Amended at 18 Ill. Reg. 2290, effective January 31, 1994

17 Ill. Adm. Code 4000.465 Scenic and Landscape Management

No measures shall be taken to alter natural growth or features for the purpose of enhancing the beauty, neatness, or amenities of a preserve.

History

• Source: Added at 18 Ill. Reg. 2290, effective January 31, 1994

17 Ill. Adm. Code 4000.470 Management of Vegetation and Wildlife (repealed)

History

• Source: Repealed at 18 Ill. Reg. 2290, effective January 31, 1994

17 Ill. Adm. Code 4000.475 Elimination of Safety Hazards

a) Installation of guard rails, fences, steps, and other devices necessary for visitor safety shall be as provided in the master plan or management schedule. Dead trees or branches that constitute a safety hazard to persons on trails or in other authorized use areas may be felled and removed from trails but shall not be removed from the preserve without notification and approval of the Commission.

b) Emergency situations are subject to Section 4000.180.

History

• Source: Added at 18 Ill. Reg. 2290, effective January 31, 1994

17 Ill. Adm. Code 4000.510 Use Tolerance (repealed)

History

• Source: Repealed at 18 Ill. Reg. 2290, effective January 31, 1994

17 Ill. Adm. Code 4000.520 Durability Classes and Allowable Use Zones (repealed)

History

• Source: Repealed at 18 Ill. Reg. 2290, effective January 31, 1994

17 Ill. Adm. Code 4000.530 Classes of Visitors (repealed)

History

• Source: Repealed at 18 Ill. Reg. 2290, effective January 31, 1994

17 Ill. Adm. Code 4000.540 Visitation

a) Nature preserves are open to the public unless closed by the owner. For those preserves that are open to the public, visitor use may occur to the degree that it will not impair natural conditions or threaten the natural features of the preserve. Where trails exist within a preserve, visitors are encouraged to stay on the trails. The owner may require that visitors to the preserve restrict their movement to the trails. Persons wishing to traverse areas of a nature preserve closed to visitation may obtain permission from the custodian or owner.

b) Public use shall be in accordance with 17 Ill. Adm. Code 1510: Regulations of Public Use of Illinois Dedicated Nature Preserves (April 24, 1981 and subsequent revisions) and additional regulations of the custodian.

History

• Source: Amended at 18 Ill. Reg. 2290, effective January 31, 1994

17 Ill. Adm. Code 4000.550 Access Control

a) Ingress and egress shall be allowed only at such locations and under such conditions as may be specified in the master plan, management schedule, or the instrument of dedication.

b) The owner and custodian have the authority to further limit access to the preserve as may be necessary for protection and proper management of the preserve.

History

• Source: Amended at 18 Ill. Reg. 2290, effective January 31, 1994

17 Ill. Adm. Code 4000.560 Orientation and Guidance of Visitors

Orientation and guidance of visitors shall be in accordance with the rules, and the master plan or management schedule. Interpretive signs, structures or labels shall conform to Subpart B of this Part – Structures and Facilities.

History

• Source: Amended at 18 Ill. Reg. 2290, effective January 31, 1994

17 Ill. Adm. Code 4000.570 Permits for Research or Educational Activities

a) Application may be made to the Commission or Department for permission to conduct research or educational activities in nature preserves, using a Special Use Permit. The permit forms are available upon request from the Commission or Department. Whether the proposed activities would be carried out by an individual or by an organization, a permit is issued to an individual, who is then responsible for other persons or organization members referenced in the permit. To conduct research activities on nature preserves owned by public land managing agencies, a separate permit from the landowner or custodian may be required; in such cases the applicant must first obtain an approved permit from the landowner or custodian before applying to the Commission.

b) Examples of activities which require an approved permit include, but are not limited to, the following:

1. Removal of any substance in the nature preserve, such as plant or animal material, soil, surface water, groundwater, and archaeological artifacts, in accordance with Section 4000.580;

2. Installation of monitoring equipment or other items; and

3. Nature observation and hiking by groups exceeding 25 persons.

c) A permit issued by the Commission and the Department is not valid until approved by the custodian or owner, before the permittee commences the approved activities. A permit holder shall report to the custodian or owner before initiating permitted activities and, if so requested, at the beginning and end of each visit.

d) Each permittee shall, as a condition of the approved permit, submit to the Commission and Department an annual report in such form as may be prescribed by the Commission and Department in the permit. A permit expires at the end of the calendar year in which it was issued. A permit may be extended upon submission of an interim report.

e) The Special Use Permit shall include:

1. The applicant's name, address, position, professional qualifications, and general field of interest;

2. A description of the proposed activities, including the objective, methods and procedures to be followed, records to be kept, duration of the project, areas to be visited, frequency and length of visits, and detailed description of disturbances to be made; the species or objects to be taken, number of specimens, method of taking, and disposition of specimens.

f) Each permit may contain specific provisions and restrictions. A permit may be modified, suspended, or revoked by the Commission and Department for violation of conditions of the permit, this Section, or based upon a determination of the Commission and Department that the activity jeopardizes the preserve.

History

• Source: Amended at 18 Ill. Reg. 2290, effective January 31, 1994

17 Ill. Adm. Code 4000.580 Collecting on Nature Preserves

a) Persons wishing to collect scientific specimens for deposition in a permanent institutional collection available to the public or for purposes of an approved research project may do so pursuant to terms of a permit as specified in Section 4000.570. Unless specifically stated, a permit does not allow the collecting of any species designated as endangered or threatened by the Endangered Species Protection Board.

b) There shall be no collecting of material for classroom or laboratory observation nor study or mass collecting by class groups. Collection of plant or animal material for the purpose of subsequent sale is prohibited. Exceptions to the above may be provided in the instrument of dedication of the nature preserve or the master plan therefor or may be provided by permit in unusual circumstances. Any such exception shall be considered as a deviation from the rules and treated as provided in Section 4000.570.

c) A person who wishes to collect for scientific purposes any of the fauna protected by the Wildlife Code (Ill. Rev. Stat. 1991, ch. 61, pars. 1.1 et seq.) [520 ILCS 5] or the Fish Code of 1971 (Ill. Rev. Stat. 1991, ch. 56, pars., 1.1 et seq.) [515 ILCS 5] is also required to secure from the Department a scientific collecting permit pursuant to 17 Ill. Adm. Code 520. A Federal Fish and Wildlife Permit from the U.S. Fish and Wildlife Service is also required to collect migratory birds and federally endangered or threatened species.

History

• Source: Amended at 18 Ill. Reg. 2290, effective January 31, 1994

17 Ill. Adm. Code 4000.610 Master Plans (repealed)

History

• Source: Repealed at 18 Ill. Reg. 2290, effective January 31, 1994

17 Ill. Adm. Code 4000.620 Records

A record shall be kept by the Commission for each nature preserve. Copies may be requested and held by the Department and the custodian. The records shall be open to public inspection at a reasonable time and place. The record shall include the instrument of dedication, any approved master plan or management schedule, and annual reports as provided in Section 4000.165 and all other pertinent documentary material, studies, reports, obsolete portions of the master plan, and descriptions of significant events.

History

• Source: Amended at 18 Ill. Reg. 2290, effective January 31, 1994

Part 4005 Public Meeting on Proposed Action – Nature Preserves Commission

17 Ill. Adm. Code 4005.10 Notice of Proposed Action

a) Before the Commission takes an action pertaining to one or more specific areas that, under the Illinois Natural Areas Preservation Act, requires public notice and the opportunity for any person to be heard at a public meeting or to request the holding of a public meeting, it shall provide such notice and opportunity in the following manner:

b) The Commission shall publish at least once, in a periodical publication of general circulation in the county or counties within which the area is located, a notice of the proposed action and of the opportunity for a public meeting to be held. It shall also give or mail the notice to the Governor, all persons who regularly receive notices, agendas, or minutes of meetings of the Commission, all persons known by it to be owners or taxpaying agents of owners of tracts within the area to be affected by the proposed action, all persons who have requested notice of proposed actions concerning the area or proposed actions of the Commission in general, and all organizations and agencies it knows to be directly concerned with the preservation of natural areas in general or the specific area. The notice shall locate, with or without legal description, the area affected, set forth the substance of the proposed action, and state the availability of additional information, if any.

17 Ill. Adm. Code 4005.20 Public Meeting

a) If, within 45 days after publication of the notice of proposed action, any person with a demonstrable economic or other direct interest requests in writing to the Commission that it hold a public meeting on the proposed action, the Commission shall call a public meeting for public discussion of the matter and give notice of it in the same manner as it gave notice of the proposed action and of the opportunity for a public meeting to be held. The notice shall include the time, place, and purpose of the meeting. If the Commission determines that the facilities in the nearest county or counties are physically unable to accommodate the number of persons expected to attend, the meeting shall be held in the next nearest county or counties. The meeting shall be held not less than 45 nor more than 90 days after publication and giving of the notice.

b) The Commission shall publish notice of its intent to hold a public meeting at the time it publishes notice of the proposed action, if at that time the Commission is aware that a public meeting shall be held.

c) The meeting shall be conducted and heard by one or more persons either serving on the Commission or employed by the Commission. No transcript of the meeting is required. The public meeting need not be a meeting of the Commission.

17 Ill. Adm. Code 4005.30 Public Comment

Written comments may be submitted to the Commission 45 days after publication of the notice of proposed action or prior to the public meeting. Any interested person or his/her representative may speak at the public meeting.

17 Ill. Adm. Code 4005.40 Review of Public Comment

a) The person or persons designated to hear the meeting shall transmit the remarks made at the meeting, or a summary thereof, to the Commission, together with copies of any written statements received. The meeting must, at a minimum, be tape-recorded to ensure that the final report conveys an accurate recounting of the events of the meeting.

b) The Commission shall consider the statements submitted in writing or at the public meeting in determining its decision concerning the proposed action.

Part 4010 Register of Land and Water Reserves

17 Ill. Adm. Code 4010.110 Definitions

As used in this Part, the following terms have the meanings indicated, except where context requires otherwise:

"Commission" means the Illinois Nature Preserves Commission.

"Department" means the Illinois Department of Natural Resources.

"Illinois Natural Areas Inventory" is a comprehensive list of natural areas of statewide significance as defined in the Illinois Natural Areas Inventory - Technical Report (White, 1978). The Illinois Natural Areas Inventory is maintained by the Department.

"Natural heritage resource" is a community of wild plants and animals, a population of a species of plant or animal, or a physical feature which was present as part of the Illinois landscape prior to settlement by immigrants from Europe and is now rare, declining, or less abundant than formerly.

"Register of Land and Water Reserves (or register)" is a list of areas registered in accordance with the Illinois Natural Areas Preservation Act (Ill. Rev. Stat. 1991, ch. 105, par. 701 et seq.) [525 ILCS 30], together with records concerning them.

"Registration agreement" is a legal instrument that conveys conservation rights consistent with the provisions of the Real Property Conservation Rights Act (Ill. Rev. Stat. 1991, ch. 30, par. 400 et seq.) [765 ILCS 120].

17 Ill. Adm. Code 4010.120 The Register of Land and Water Reserves

The Register of Land and Water Reserves constitutes a land and water protection program wherein lands and waters supporting significant natural heritage resources or archaeological resources are recognized and provided protection and management pursuant to this Part commensurate with the interest of the public in their long term protection and stewardship. Registered areas may be in public or private ownership. The registration may be either donative or for a consideration.

17 Ill. Adm. Code 4010.130 The Registration Agreement

a) The provisions of the registration agreement shall be as required by the Real Property Conservation Rights Act. It may recognize pre-existing encumbrances upon the property and may otherwise be in a form approved by the Commission and the Department.

b) The registration agreement shall be executed by the landowner, the Commission, and the Director of the Department.

c) The registration agreement shall provide specifically for the maintenance of significant natural features and associated ecological processes on the registered area and for conformity to this Part. The registration agreement shall contain by reference a management program as provided in Section 4010.220.

d) The registration agreement shall provide representatives of the Department and Commission reasonable access to the registered property.

17 Ill. Adm. Code 4010.140 The Registration Process

a) A proposed registration agreement is first executed by the landowner. It is then presented to the Commission with a statement of the natural heritage or archaeological significance of the property and citation of specific provisions of this Part under which the property qualifies for registration.

b) The Commission shall determine at a meeting if the area qualifies for the Register of Land and Water Reserves, based on its intrinsic ecological or archaeological values and if the registration agreement, including any referenced management program, is consistent with the purposes of the Illinois Natural Areas Preservation Act. If the Commission determines the area qualifies for the register, it shall approve by resolution the registration and sign the registration agreement and present it to the Director of the Department. If the Commission rejects the agreement, the Commission shall provide the landowner a written explanation of why the area was rejected.

c) Upon receipt of a registration agreement signed by the landowner and the Commission, the Director of the Department shall execute or reject it. If the Director rejects the agreement, the Department shall provide the landowner a written explanation of why the area was rejected. The Department shall cause an executed registration agreement to be recorded by the Registrar of Titles or the County Recorder of the county in which the property is located and filed with the State Archives.

17 Ill. Adm. Code 4010.150 Eligible Lands and Waters

a) Eligibility of lands and waters for registration is determined by the Commission. Only land supporting natural heritage resources or archaeological resources of statewide significance shall be considered for eligibility. Developed, cultivated, or landscaped land does not qualify unless it has been committed to a program of restoration management designed to return the land to a condition supporting significant natural heritage resources.

b) Lands and waters eligible for registration include the following:

1. lands and waters included on the Illinois Natural Areas Inventory, specifically:

Category I areas – high quality remnants of the original natural communities of Illinois

Category II areas – habitats of State listed endangered species of animals or plants

Category III areas – relic species habitat

Category IV areas – outstanding representatives of Illinois' geologic diversity

Category V areas – restorations of the original natural communities of Illinois or relocated populations of endangered or threatened species of animals or plants

Category VI areas – lands or waters supporting unusual concentrations of wildlife and other unique natural areas

Category VII areas – outstanding streams, rivers, and lakes;

2. habitats of State listed threatened species of animals or plants;

3. forests at least 100 acres in size that support breeding populations of area sensitive forest wildlife species;

4. grasslands at least 80 acres in size that support breeding populations of area sensitive grassland wildlife species;

5. wetlands at least 50 acres in size or an area that includes several wetlands totalling 50 acres in size;

6. degraded but restorable prairies at least 20 acres in size (or equivalent to Grade "C" under the Illinois Natural Areas Inventory grading criteria);

7. segments of degraded but restorable railroad prairie at least 1 mile in length (or equivalent to Grade "C" under Illinois Natural Areas Inventory grading criteria);

8. areas supporting unusual concentrations of wildlife such as nesting colonies; hibernating colonies; and migration stopover, feeding, and rest sites;

9. restorations of natural communities of plants and animals that existed in Illinois at the time of settlement by immigrants from Europe for which no high quality examples are known to be extant within the region;

10. areas supporting significant archaeological resources; and

11. other areas determined by the Commission and Department to be appropriate to register as land and water reserves.

c) Public entities are encouraged to dedicate as Illinois Nature Preserves lands and waters that are classified as Category I areas - high quality remnants of the original natural communities of Illinois. Registration of Category I areas is allowed only upon unanimous approval of the members present at a meeting of the Commission.

17 Ill. Adm. Code 4010.160 Administration and Custody

Custody, management, and legal responsibility for a registered land and water reserve remains with the landowner. The landowner shall notify the Department of any delegation of administration or management of the registered area to another person or conveyance of the area to another owner. Representatives of the Department and Commission shall be allowed access to inspect a registered area upon reasonable notice to the landowner.

17 Ill. Adm. Code 4010.170 Reports

On or before August 31 of each year ending in 5 or 0, the landowner, or a person designated by the landowner, shall submit to the Department a report on the condition of the registered area and on management activities undertaken on the area and identifying any other significant changes or alterations of the landscape and natural conditions on the area. The report shall identify current management needs. The format of the report shall be as determined by the Department. Upon written request of the landowner, the Department shall prepare the report for a registered area if the landowner does not have a professional land management staff.

17 Ill. Adm. Code 4010.210 Applicability of the Rules

The registration agreement shall be the prevailing authority with respect to allowable use and management of a registered land and water reserve. A management program, as provided for in Section 4010.220, may allow for deviations from this Part if the deviations do not threaten the natural features or natural quality of the area. Deviations necessary to accommodate existing legal encumbrances on the property may also be allowed.

17 Ill. Adm. Code 4010.220 The Management Program

a) A registered area shall have a management program which shall be prepared and adopted at the time the area is registered. The management program shall be adopted and included by reference in the registration agreement. The management program must be prepared by the landowner. The Commission and Department will assist in preparing the program at the landowner's request. The management program is subject to approval of the owner, Commission, and Department. Revisions to the management program are subject to approval of the owner, Commission, and Department except that revisions to the multi-year schedule of specific management are subject to approval of the owner and Commission.

b) The management program shall state the preservation, restoration, and management goals and objectives specific to the registered area.

c) The management program shall include a multi-year schedule of specific management activities to be undertaken on the area in order to implement the other components of the management program.

d) The management program shall include a vicinity map locating the area and a detailed map showing features of the area.

e) The management program shall emphasize preservation and enhancement of the natural heritage resources that qualified the property for inclusion on the register.

f) The format of the statement of preservation, restoration, and management goals and objectives and the management schedule and map shall be the same as for a master plan for dedicated nature preserves as provided in Section 4000.150.

g) Requests for approval of specific management activities pursuant to Section 4010.270 will be considered in the context of the management program.

h) The management program may include a wildlife management plan, fisheries management plan, or forest management plan provided that the plans are consistent with the Illinois Natural Areas Preservation Act as determined by the Commission.

17 Ill. Adm. Code 4010.230 Allowable Management

a) Management activities allowed on Illinois Nature Preserves under the Rules for Management of Illinois Nature Preserves, 17 Ill. Adm. Code 4000.415 through 4000.475, are allowed on registered land and water reserves.

b) Management that benefits or enhances populations of federally or State listed threatened or endangered species or that restores the quality or extent of natural communities present on registered areas through the removal of exotic species (species that are not native to Illinois) or invasive species (native species that, in the absence of natural disturbance regimes, multiply to a point where they threaten the persistence of the managed native species) and promotion of conservative species (native species with highly specific habitat requirements, species limited in their occurrence to high quality natural communities, or species requiring large tracts of habitat to successfully reproduce) is allowed if not specifically prohibited in Section 4010.240.

c) Management for the purpose of restoring to natural conditions areas that have been historically farmed, landscaped, paved, graded, grazed, drained, or otherwise substantially disturbed by human activity is allowed if the restoration does not jeopardize federally or State listed threatened or endangered species.

d) Management may be undertaken on a registered natural area only by or under direction of, or with the permission of, the landowner.

17 Ill. Adm. Code 4010.240 Prohibited Management

a) Plowing, cultivating, paving, or grading of areas supporting natural vegetation or a natural community (a plant and animal assemblage that existed in Illinois at the time of settlement by immigrants from Europe) is prohibited in registered land and water reserves.

b) Altering of natural water levels is prohibited in registered areas. Water levels which have been artificially altered may be changed if such change is identified in the management program as being essential for the maintenance and restoration of natural or desired conditions.

c) Species-specific management in favor of common species (a native species of animal or plant with very general habitat requirements that occurs in a broad range of disturbed and undisturbed habitats) is prohibited unless part of a wildlife management plan or as part of the management program, if it does not include activities prohibited in subsection (a) or (b) above, or Section 4010.260(a).

17 Ill. Adm. Code 4010.250 Allowable Uses

a) Uses allowable on registered land and water reserves include hiking, bird watching, nature observation and study, scientific research, canoeing, hunting, trapping, fishing, and photography. Other activities determined by the Commission to be consistent with the Illinois Natural Areas Preservation Act may also be allowed.

b) Picnicking and primitive camping may be allowed in designated areas if provided for in the management program or if approved pursuant to Section 4010.270.

c) Cross-country skiing, horseback riding, and bicycling are allowed on registered areas only on designated trails and if provided for in the management program or if approved pursuant to Section 4010.270.

d) Operation of off-road vehicles and snowmobiles is allowed only on pre-existing designated surfaced thoroughfares and if provided for in the management program or if approved pursuant to Section 4010.270.

e) The landowner may close the registered area to public use or restrict its use, including prohibition of uses allowed under this Section.

17 Ill. Adm. Code 4010.260 Prohibited Uses

a) No living or dead plant or animal materials, or inorganic material including soils, minerals, or water, may be removed from a registered area except as may be provided in the management program or an approved wildlife management plan or forest management plan or for the purposes of scientific research approved by the landowner, consistent with the management program and in consultation with Commission staff.

b) Federally or State listed threatened or endangered species may not be taken or otherwise harassed on registered areas, except as part of a federal or State approved recovery program, approved research project, or approved management program. No activity allowed as part of the management program or an approved wildlife management plan or forest management plan may jeopardize federally or State listed endangered or threatened species.

c) Cutting of native trees greater than 4 inches in diameter breast height is not allowed on registered areas except for the purposes of managing or restoring natural communities or populations of threatened or endangered species, or as approved in the management program, or as part of a forest management plan or a wildlife management plan established in accordance with Section 4010.220(b), provided the plan will not jeopardize threatened or endangered species.

d) Livestock grazing is not allowed on registered areas unless it is provided for in the management program. Stocking rates, season, and duration must be specified and justified in the management program.

e) Mineral exploration, mining or other mineral extraction, or earth moving is not allowed on registered areas unless mineral rights are excluded from the registration agreement or moving or removal of the material is part of a restoration plan included in the management program.

17 Ill. Adm. Code 4010.270 Approval of Specific Management and Uses

Management and uses not otherwise allowed by this Part may be specifically approved by the Department and the Commission where the management or use is consistent with the management program or for the purposes of restoring a high quality natural community (a plant and animal assemblage that existed in Illinois at the time of settlement by immigrants from Europe), enhancing populations of threatened or endangered species, or enhancing the opportunity for scientific research.

17 Ill. Adm. Code 4010.280 Emergency Situations

Actions not otherwise allowed by this Part that are immediately necessary to prevent or alleviate injury to persons or property may be undertaken by or under the direction and authority of the landowner, the Department, or the Commission. The landowner and Department shall be notified within 24 hours of action taken under this provision.

17 Ill. Adm. Code 4010.310 Public Notice

a) The Department shall, at least biennially, publish a list of registered land and water reserves indicating their locations and sizes.

b) Before any agency or entity of State or local government may undertake an action that will disrupt natural vegetation or natural communities on a registered area, there must be a finding by the Commission at a meeting and by the Department that the action is in the public interest.

17 Ill. Adm. Code 4010.320 Recording of the Registration Agreement

The Department shall cause the registration agreement to be recorded by the Registrar of Titles or the County Recorder for the county in which the registered area is located. The recorded registration agreement shall be filed by the Department with the State Archives.

Chapter V Illinois Nature Preserves Commission

Part 4015 Public Use of Dedicated Nature Preserves

17 Ill. Adm. Code 4015.10 Unlawful Acts

It is unlawful:

a) For any person other than the landowner, Illinois Nature Preserve Commissioners, their staff or staff of the Illinois Department of Natural Resources to enter any dedicated nature preserve or nature preserve buffer or portion thereof if that area has been closed to visitors by notice posted by the landowner or the Illinois Nature Preserves Commission.

b) For any person to possess or consume or be under the influence of intoxicating beverages, including beer, or to be in violation of the Illinois Controlled Substances Act [720 ILCS 570], the Cannabis Control Act [720 ILCS 550], the Use of Intoxicating Compounds Act [720 ILCS 690], the Drug Paraphernalia Control Act [720 ILCS 600], or the Hypodermic Syringes and Needles Act [720 ILCS 635] in any dedicated nature preserve.

c) For any person to camp or place a tent or trailer or any type of camping device in a dedicated nature preserve or nature preserve buffer unless provided for in the nature preserve or nature preserve buffer approved master plan (see 17 Ill. Adm. Code 4000.150 and 4000.160).

d) For any person to cut, break, injure, destroy, take or remove any artifact, tree, shrub, timber, flower, plant, or other natural object, including rocks, soil, or water, from a dedicated nature preserve or nature preserve buffer; except that small quantities of such materials may be collected and removed for scientific or educational purposes by written permit from the owner, the Illinois Department of Natural Resources and the Illinois Nature Preserves Commission, and except for management in accordance with an approved master plan (see 17 Ill. Adm. Code 4000.150 and 4000.160).

e) For any person to kill, cause to be killed, harass, pursue or take any animal, whether mammal, bird, fish, reptile, amphibian, or invertebrate, or its nest or habitat in a dedicated nature preserve or nature preserve buffer; except that small quantities of such materials may be collected and removed for scientific or educational purposes by written permit from the owner, the Illinois Department of Natural Resources and the Illinois Nature Preserves Commission, and except for management purposes in accordance with an approved master plan.

f) For any person to conduct scientific research in a dedicated nature preserve or nature preserve buffer without a written permit from the owner, the Department of Natural Resources and the Illinois Nature Preserves Commission.

g) For any person to possess a firearm, airgun, slingshot, bow and arrow, or any other weapon within the boundaries of any dedicated nature preserve or nature preserve buffer, except:

1. authorized peace officers;

2. as authorized for management and control measures for wildlife population control in accordance with a plan approved by the Illinois Nature Preserves Commission and the landowner; or

3. a person properly licensed under the Illinois Firearm Concealed Carry Act [430 ILCS 66] who is possessing or carrying a concealed firearm in accordance with said Act while on open lands, trails, or any area which the landowner has not prohibited the carrying of concealed firearms as designated by a sign posted in accordance with the Act indicating that firearms are prohibited within that area.

h) For any person to take, mutilate, deface, move, or destroy any structure, artifact, improvement, work, sign, stone, soil, or other natural object or material in any dedicated nature preserve or nature preserve buffer, except for management in accordance with an approved master plan.

i) For any person to operate a motor vehicle in any dedicated nature preserve or nature preserve buffer other than on designated roadways or parking areas or to park a motor vehicle in a place other than designated parking areas, except for maintenance and management vehicles operated by authorized persons.

j) For any person to operate a motor vehicle in a reckless manner or to exceed posted speed limits on roadways within any dedicated nature preserve or nature preserve buffer.

k) For any person to build or light any fire or willfully or carelessly permit any fire that has ignited or been caused to ignite or that is under the person's charge and care to spread or extend to or burn any part of a dedicated nature preserve or nature preserve buffer, except for prescribed burning for vegetation management in accordance with an approved master plan and for camp fires in designated locations within picnic areas located in nature preserve buffers in accordance with an approved master plan.

l) For any person to discard rubbish of any kind in any dedicated nature preserve or nature preserve buffer except in designated containers provided by the landowner or the Illinois Nature Preserves Commission.

m) For any person to bring or allow to enter into a dedicated nature preserve or nature preserve buffer any dog, cat, horse, or other animal or pet, unless provided for in an approved master plan.

n) For any person to engage in any sporting or athletic activity, including swimming, within the boundaries of any dedicated nature preserve or nature preserve buffer unless provided for in an approved master plan.

o) For admittance to be granted to groups of 25 or more persons to any nature preserve or nature preserve buffer unless written permission from the Illinois Nature Preserves Commission and the landowner has been secured in advance. Groups of 25 or more will be granted permission to visit preserves if the groups do not exceed the capacity of the facility.

p) For any group of minors to enter a dedicated nature preserve or nature preserve buffer without adequate supervision. At least one responsible adult shall accompany each group of not more than 15 minors.

q) For any person to plant or disperse any native or non-native plant or release or disperse any native or non-native animal species or their parts or any other material or object into any dedicated nature preserve or nature preserve buffer without the written approval of the landowner and the Illinois Nature Preserves Commission.

History

• Source: Amended at 47 Ill. Reg. 12406, effective August 4, 2023

17 Ill. Adm. Code 4015.20 Criteria for Evaluating Requests

Criteria that will be used to evaluate requests under Section 4015.10(q) include:

a) Is there evidence that the species formerly occurred on the nature preserve or nature preserve buffer or that the habitat was suitable and was probably occupied by the species?

b) Are the habitat and other ecological conditions presently suitable and adequate to support the species?

c) What is the source of origin and genotype of the proposed introductions and is it the same as that originally occurring in the nature preserve or nature preserve buffer?

d) Will the reintroduction threaten the population from which it is being taken?

e) Will the reintroduction threaten any species or communities presently considered desirable on the nature preserve or nature preserve buffer?

Chapter V Nature Preserves Commission

Part 4020 Inventories, Registers and Records

17 Ill. Adm. Code 4020.110 Purpose

The purpose of this Part is:

a) To clarify the type of data included in inventories, registers and records compiled and maintained on behalf of the Commission.

b) To establish and describe fees to recover the actual cost of collecting, storing, managing, compiling and providing access to natural heritage data, including inventories, registers and records required by Section 6.01 of the Act.

c) To describe the limits on how accessed natural heritage data may be used.

17 Ill. Adm. Code 4020.120 Applicability

This Part applies to all natural heritage data compiled and maintained on behalf of the Commission as requried by Section 6.01 of the Act.

17 Ill. Adm. Code 4020.130 Definitions

As used in this Part, the following terms have the meanings indicated, except where context requires otherwise:

"Act" means the Illinois Natural Area Preservation Act [525 ILCS 30].

"Board" means the Illinois Endangered Species Protection Board created by Section 6 of the Illinois Endangered Species Protect Act [520 ILCS 10/6].

"Commission" means the Illinois Nature Preserves Commission created by Section 4 of the Act.

"Department" means the Illinois Department of Natural Resources.

"Element Occurrence" means an area of land and/or water in which a species is, or was, reported to be present or means a local population.

"Licensee" means any person licensed to use natural heritage data subject to the terms of a Data Licensing Agreement.

"Natural Areas Acquisition Fund" means the Illinois Natural Areas Acquisition Fund established in Section 14 of the Open Space Lands Acquisition and Development Act [525 ILCS 35/14]. The fund is used by the Department for the acquisition, preservation and stewardship of natural areas, including habitats for endangered and threatened species, high quality natural communities, wetlands, and other areas with unique or unusual natural heritage qualities.

"Natural Heritage Data", "Natural Heritage Database" or "Data" means recorded information on the biology, existence and locations of threatened and endangered species and other species; protective status of these species; inventories of natural features, including, but not limited to, the Illinois Natural Areas Inventory sites and the resources that allow a site to qualify; and means data collected pursuant to 17 Ill. Adm. Code 4010 (Register of Land and Water Reserves). Natural heritage data is owned by the State of Illinois and compiled and maintained by the Department's Natural Heritage Database Program as a service to assist, and in cooperation with, the Commission and the Board. Access to natural heritage data shall be in the form of spatial data, reports or custom data formats subject to Natural Heritage Database Program approval.

"Natural Heritage Database Program" or "NHD Program" means the program within the Department responsible for maintaining the natural heritage data.

"Quadrangle" means one of 1,071 U.S. Geological Survey 1:24,000-scale topographic maps covering the State of Illinois, also known as 7.5-minute quadrangles.

"Person" means any individual, corporation, partnership, firm, organization, association, government entity or agency, or body politic.

"T&E Species" or "Threatened and Endangered Species" means any species or subspecies listed by the Board pursuant to Section 7 of the Illinois Endangered Species Protection Act.

17 Ill. Adm. Code 4020.140 Penalties

Any person who violates this Part, falsifies or makes any misrepresentation in the data licensing agreement, required records, or any other information required to be given to the Department shall be subject to the penalties set forth in Section 22 of the Act.

17 Ill. Adm. Code 4020.210 General

a) A fee will be charged (see Section 4020.240) for compiling and providing natural heritage data for any persons requesting that information for research, educational, environmental, land management, land development and similar purposes. All fees are non-refundable.

b) The Commission shall, at a regular public meeting held pursuant to 2 Ill. Adm. Code 2150.210 through 2150.280, review natural heritage data fees at least every 5 years to assess whether those fees are meeting NHD Program costs. The Commission shall promulgate any necessary fee changes by modifying this Part in consultation with the Department.

c) The Commission and Department shall enter into a Data Licensing Agreement with licensees to provide natural heritage data and collect fees pursuant to this Part.

d) Revenues generated specifically under the natural heritage data fee shall be deposited into the Natural Areas Acquisition Fund and appropriated to the Department for the purpose of collecting, storing, managing, compiling and providing access to support, maintain and update the NHD and its data. Department costs with respect to the NHD include, but are not limited to, personnel, information technology and data collection costs. All fees shall be tracked with a unique identifying code.

e) Distribution of data to third parties is prohibited.

17 Ill. Adm. Code 4020.220 Submitting Data Requests

a) Requests for natural heritage data shall be submitted via the online system or in writing via mail, electronic mail or fax. Requests should be directed to the Natural Heritage Database Program, Office of Resource Conservation, Illinois Department of Natural Resources, One Natural Resources Way, Springfield IL 62702.

b) Persons requesting and receiving natural heritage data via written request shall provide the following:

1. Contact information (name, company/organization, address, telephone number, and electronic mail address);

2. Desired data and format;

3. Geographic extent of desired data;

4. Explanation of how the data will be used and who will have access to the data; and

5. Payment of fees in full unless alternate arrangements are made.

c) All persons requesting and receiving natural heritage data via written request shall first be required to sign a one-year Data Licensing Agreement that dictates the conditions for use of the data. Fees shall be paid in full before natural heritage data is provided unless alternate arrangements are made. Licensing agreements may be renewed on a yearly basis. Distribution of data to third parties, including that from a consultant to client or subcontractor to contractor, is prohibited.

17 Ill. Adm. Code 4020.230 Request Denial

a) Requests contrary to the purposes of the Act, or for purposes in violation of the Wildlife Code [520 ILCS 5], the Fish and Aquatic Life Code [515 ILCS 5], or the Illinois Endangered Species Protection Act shall be denied.

b) If it is determined that a licensee has violated the terms of the Data Licensing Agreement or is in violation of Section 4020.310, all rights to use the data shall be immediately revoked and any future requests for natural heritage data shall be denied.

c) Natural heritage data are exempt from disclosure as valuable formulae, computer geographic systems, designs, drawings and research data obtained or produced by any public body when disclosure could reasonably be expected to produce private gain or public loss, as allowed by Section 7(i) of the Freedom of Information Act [5 ILCS 140/7(i)].

17 Ill. Adm. Code 4020.240 Fees

a) Base Fee. There will be a base fee for each request in addition to spatial data and report fees. The base fee is $75 per request.

b) Spatial Data Fees. Spatial natural heritage data layers will be provided in Geographic Information System (GIS) format.

1. Quadrangle Rate. Fees for spatial natural heritage data will be assessed a fee for each topographic quadrangle. Project sites will be buffered 5 miles and requesters will be charged for each quadrangle intersected. The quadrangle rate fee is $50 per quadrangle.

2. Linear Rate. Fees for spatial natural heritage data for linear projects measuring greater than 25 miles in length and less than 0.5 miles in width are assessed a fee of $15 per quadrangle intersected by the project line. Requestors are required to submit their linear project area in GIS format, or else the Quadrangle Rate will apply. Linear project boundaries will be buffered by one mile on each side of the project line and data will be provided for that area.

3. Custom Rate. Fees for custom data requests will be assessed by the NHD Program manager at the time of the request.

c) Report Fees. Report data will be provided in PDF or Excel format.

1. Quadrangle Reports. The fee for reports detailing information about the natural heritage data that occurs within a topographic quadrangle is $50 per quadrangle.

2. Linear Reports. The fee for reports detailing information about natural heritage data that occurs in linear project areas measuring greater than 25 miles in length and less than 0.5 miles in width are assessed a fee of $15 per quadrangle intersected by the project line. Requestors are required to submit their linear project area in GIS format, or else the Quadrangle Report Rate will apply. Linear project boundaries will be buffered by one mile on each side of the project line and report data will be provided for that area.

3. Species Reports. The fee for reports detailing information about T&E species is $25 per element occurrence.

4. Custom Reports. Fees for custom report requests will be assessed by the NHD Program manager at the time of the request.

d) Natural heritage data fees will be capped at no more than $20,000 per requestor.

e) Users of natural heritage data accessed through the Department's EcoCAT system will be assessed a fee of $25 and the base fee will be waived.

17 Ill. Adm. Code 4020.250 Data Updates

Natural heritage data is updated on a daily to quarterly basis, depending on the dataset. Therefore, licensees are encouraged to get updated data as appropriate based on their project parameters. Spatial data updates are free during the one-year Data Licensing Agreement period. The update must be for data within the same portion of the State covered in the Data Licensing Agreement. Licensees are allowed up to 3 data updates in a calendar year and must request their own updates.

17 Ill. Adm. Code 4020.260 Exceptions: Discounts and Waivers

a) No fees shall be charged to the Department, Commission or Board for requests that fulfill the day-to-day operational needs of the Department, Commission or Board, including land management planning, status assessment and land owner contact.

b) Fees may be waived or reduced in writing under select circumstances, including:

1. Written agreements with the Department, Commission or Board in which Department, Commission or Board costs are reimbursed or offset and/or in which the request furthers Department, Commission or Board missions.

2. Requests for college students actively working on a thesis or dissertation research project determined by Department, Commission or Board to further Department, Commission or Board missions.

c) Requesters shall be assessed the base fee even when a discount or waiver is given.

d) No waiver or reduction of fees shall, in any way, impair the State of Illinois' ownership or licensing rights to the natural heritage data provided.

17 Ill. Adm. Code 4020.270 Collection of Fees

a) Fee payment is expected at the time of the request unless alternate arrangements are made.

b) Fees may be paid online, when available, or by certified or cashier's check payable to the Illinois Natural Heritage Database Program, to the Natural Heritage Database Program – Office of Resource Conservation, Illinois Department of Natural Resources, One Natural Resources Way, Springfield IL 62702. No cash payments will be accepted.

1. Payment shall not include any other fees or payments due to the Department for any purpose other than the fee due under this Part.

2. Payment of fees shall be deposited in the Natural Areas Acquisition Fund and tracked separately.

3. No fee remitted to the Department under this Part shall be refunded in whole or in part at any time for any reason.

4. Payment of fees that constitutes an overpayment or underpayment will be returned to the data requestor.

17 Ill. Adm. Code 4020.310 Data Use and Limitations

a) Natural heritage data is non-transferable and cannot be provided to third parties. Any and all requests for data access from third parties shall be directed to the NHD Program by the licensee. Licensees, such as consultants or subcontractors, may not provide natural heritage data to third parties, such as a client or contractor. If the third party needs the natural heritage data for a project, the third party must also pay the fee and sign a Data License Agreement.

b) The accuracy of this data is time-limited as the NHD is updated on a daily to quarterly basis. Licensees are encouraged to get data updates.

c) If the licensee is a governmental or private entity, the licensee shall ensure that access to the data is limited to those individuals within the entity who require access to the data for the stated project and purpose of the Data Licensing Agreement. The licensee is responsible for ensuring that all such individuals understand and adhere to the terms of the Data Licensing Agreement.

d) Release of precise species locations may threaten natural heritage resources. Licensees shall take reasonable precautions to ensure the confidentiality of T&E species locations. When precise locations need to be displayed in publicly-accessible documents or websites, species location should be generalized or displayed without species' names when possible.

e) Licensees must provide the NHD Program with any T&E species information that is collected during the term of the Data Licensing Agreement so as to keep the natural heritage database current. This information includes species location, date observed, names of observers, and number observed.

f) Licensees shall identify the "Illinois Department of Natural Resources, Illinois Nature Preserves Commission, Illinois Endangered Species Protection Board, and Natural Heritage Database" as the data source on any map or publication and shall include the release date of the data.

g) Natural heritage data is provided for planning and assessment purposes only. Receipt of the data does not constitute Department, Commission or Board review or authorization of any proposed project and does not exempt the licensee from securing necessary permits and approvals from the Department, Commission, Board or other regulatory agency.

h) Data maintained by the NHD Program is gained from the best and most recent information available and undergoes quality control and quality assurance. Because environmental conditions change daily, the NHD Program cannot provide a conclusive statement on the presence, absence or condition of significant natural features identified in the NHD and can only summarize the information known at the time of each agreement. An executed Data Licensing Agreement shall not constitute Department, Commission or Board validation of the Licensee's interpretation of the data.

i) The natural heritage data being provided constitutes a representation of the more extensive information available in manual and electronic files.

Chapter VI Department of Natural Resources

Part 4110 Historic Preservation Grants-in-Aid Program

17 Ill. Adm. Code 4110.10 Eligibility

a) An application for acquisition or development funding assistance must be associated with a site or structure which has been nominated by the State Historic Preservation Officer (Director of the Department of Natural Resources) to the National Register of Historic Places.

b) An application for preservation planning funding assistance must be associated with a site, structure, or area which has been nominated by the State Historic Preservation Officer (Director of the Department of Natural Resources) to the National Register of Historic Places, or which has potential for nomination to the National Register of Historic Places.

c) The components of an acquisition or development project must be in accordance with the U.S. Secretary of the Interior's Standards for Acquisition and Development Projects. The following standards apply to all treatments undertaken on historic properties listed in the National Register:

1. Every reasonable effort shall be made to provide a compatible use for a property that requires minimal alteration of the building, structure, or site and its environment, or to use a property for its originally intended purpose.

2. The distinguishing original qualities or character of a building, structure, or site and its environment shall not be destroyed. The removal or alteration of any historic material or distinctive architectural features shall be avoided when possible.

3. All buildings, structures, and sites shall be recognized as products of their own time. Alterations which have no historical basis and which seek to create an earlier appearance shall be discouraged.

4. Changes which may have taken place in the course of time are evidence of the history and development of a building, structure, or site and its environment. These changes may have acquired significance in their own right and this significance shall be recognized and respected.

5. Distinctive stylistic features or examples of skilled craftsmanship which characterizes a building, structure, or site, shall be treated with sensitivity.

6. Deteriorated architectural features shall be repaired rather than replaced whenever possible. In the event replacement is necessary the new material should match the material being replaced in composition, design, color, texture, and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplications of features, substantiated by historical, physical, or pictorial evidence rather than on conjectural designs or the availability of different architectural elements from other buildings or structures.

7. The surface cleaning of structures shall be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that will damage the historic building materials shall not be undertaken.

8. Every reasonable effort shall be made to protect and preserve archeological resources affected by, or adjacent to, any acquisition, protection, stabilization, preservation, rehabilitation, restoration, or reconstruction project.

17 Ill. Adm. Code 4110.20 General Procedures for Grant Awards

a) Project sponsors seeking Grants-in-Aid assistance must file a preliminary application with the Grants Management Section, Department of Natural Resources, One Natural Resources Way, Springfield, Illinois 62702. The preliminary application form for Historic Preservation Grants-in-Aid assistance is included in the Illinois Department of Natural Resources' Historic Preservation Grants-in-Aid Local Participation Manual. The Local Participation Manual may be obtained from the Illinois Department of Natural Resources' Grants Management Section, One Natural Resources Way, Springfield, Illinois 62702. Copies of this manual are also available from the state library system.

b) The State Historic Preservation Officer (Director of the Department of Natural Resources), the Illinois Historic Sites Advisory Council, and the staff of the Department of Natural Resources will evaluate each proposal to determine if it qualifies for assistance in accordance with the National Preservation Objectives for Acquisition and Development or Survey and Planning Projects. The National Preservation Objectives for Acquisition and Development or Survey and Planning Projects change annually at the dictate of the Secretary of the Interior and the Heritage Conservation and Recreation Service. Each qualifying project proposal will be evaluated to determine the priority of the proposed project.

c) Project sponsors will be notified whether or not the project has received state approval and the amount of Grant-in-Aid assistance approved. There is not a specified amount of time in which a project sponsor will be notified of whether a project has received state approval and the maximum amount of Grant-in-Aid assistance approved. The Department of Natural Resources makes every effort to notify each potential project sponsor at the earliest opportunity.

d) The Department of Natural Resources will prepare and submit the individual project applications to the U.S. Department of Interior for review and approval.

e) The U.S. Department of the Interior reviews the individual project applications and notifies the Department of Natural Resources of their decision. The Department of Natural Resources then notifies the project sponsor of federal approval and the local sponsor may initiate the project.

f) Claims for reimbursement must be submitted to the Department of Natural Resources by the sponsors of approved projects. Each project is assigned a project period by the Heritage Conservation and Recreation Service during which all claims for reimbursement must be submitted to the Department of Natural Resources. Claims for costs incurred prior to, or after the project period, are not eligible for reimbursement. The following is information which must be submitted with a claim for reimbursement:

1. One copy of each invoice (bill) received for work accomplished and one copy of each canceled check as evidence of payment attached to the completed billing summary form.

2. For all material purchases, purchase orders and/or invoices and corresponding canceled checks shall be submitted.

17 Ill. Adm. Code 4110.30 Selection Criteria

The principal priority-determining criteria for awarding grants are whether a project:

a) would permit the State of Illinois to accomplish the greatest number of the National Preservation Objectives;

b) is in compliance with the Secretary of Interior's Standards;

c) is of National (National Historic Landmark), State, or Local significance. A project is rated as being of National, State, or Local significance with the evaluated significance of the property stated on the nomination form to the National Register of Historic Places. The evaluation of the significance of the property is certified by the State Historic Preservation Officer, in consultation with the members of the State Historic Sites Advisory Board and the Department of Natural Resources.

d) meets the objectives of the State Historic Preservation Program as noted in the State Historic Preservation Plan.

17 Ill. Adm. Code 4110.40 Key Provisions

a) Financial assistance on any project cannot exceed 50% of the total eligible project costs. The actual amount of financial assistance to be granted is determined by a comparison of the project proposal with the National and State priorities.

b) This assistance is available only to sponsors of projects on sites, structures, or districts nominated to the National Register of Historic Places.

c) Project work which is initiated prior to federal agency approval is ineligible for funding.

d) Projects must be completed and reimbursement requested within the time frame authorized by the U.S. Department of Interior.

17 Ill. Adm. Code 4110.50 Auditing Requirements

a) Projects must be administered in accordance with the following:

1. Federal Management Circular 74-4 – Cost Principals applicable to grants and contracts with state or local governments.

2. Office of Management and Budget Circular A-102, Revised – Uniform Administrative Requirements for Grants-in-Aid to State and Local Governments or Office of Management and Budget Circular A-110 – Uniform Administrative Requirements – Grants and Agreements with Institutions of Higher Education, Hospitals, and other Non-Profit Organizations.

3. Audit guide for National Park Service Historic Preservation Grant Program.

4. All pertinent materials collected, received, or distributed during the course of the grant program shall be maintained for a three-year period after final project payment, or longer, if audit findings are not resolved.

b) Projects are audited by the U.S. Department of the Interior, the Comptroller General of the United States or any of their duly authorized representatives.

c) Each project sponsor is given one copy of the publications noted above by the Grants Management Section of the Department of Natural Resources.

17 Ill. Adm. Code 4110.60 Program Information

Information on the Historic Preservation Grants-in-Aid Program may be obtained by writing: Grants Management Section, Department of Natural Resources, One Natural Resources Way, Springfield, Illinois 62702.

Part 4120 Inclusion and Removal of Places from the Illinois Register of Historic Places

17 Ill. Adm. Code 4120.5 Illinois Register of Historic Places

In 1976 the Illinois Historic Preservation Act created an Illinois Register of Historic Places. This Register recognizes places which have an inherent cultural value to the people of Illinois and makes provisions for protection of the people's interest in the cultural value. Although these guidelines for inclusion in that Register do not require listing on any National or local Register, maximum protection of cultural resources is provided by listing on the Illinois Register of Historic Places and the National Register of Historic Places; therefore, listing on both Registers is encouraged.

17 Ill. Adm. Code 4120.10 Criteria for Listing

A place may be listed on the Illinois Register of Historic Places if it:

a) "(has) special historical, architectural, archeological, cultural, or artistic interest or value"; and

b) fits the definition of "place" found in Section 2(e) of the Illinois Historic Preservation Act (20 ILCS 3410/2)

(e) "Place' means (1) any parcel or contiguous grouping of parcels of real estate under common or related ownership or control, where any significant improvements are at least 40 years old, or (2) any aboriginal mound, fort, earthwork, village, location, burial ground, historic or prehistoric ruin, mine case or other location which is or may be the source of important archeological data;" and

c) satisfies the criteria listed in Section 6 of the Illinois Historic Preservation Act which are as follows: "The criteria shall include, but not be limited to, requirements that Registered Illinois Historic Places be limited to those places that possess integrity of location, design, setting, materials, workmanship, feeling and association, and:

1. that are associated with events or the lives of persons that have made a significant contribution to the broad patterns of our history; or

2. that embody the distinctive characteristics of a type, period or method of construction, or that represent the work of a master, or that possess high artistic values, or that represent a significant and distinguishable entity whose components may lack individual distinction; or

3. that exemplify elements of our cultural, economic, social or historic heritage; or

4. that have yielded, or are likely to yield, information important in prehistory or history".

17 Ill. Adm. Code 4120.20 Criteria for Removal

A place may be removed from the Illinois Register of Historic Places if it no longer satisfies the guidelines for inclusion on the Illinois Register of Historic Places contained in Section 4120.10.

17 Ill. Adm. Code 4120.30 Amendments

These guidelines may be amended from time to time by a majority vote of the Council.

17 Ill. Adm. Code 4120.40 Effective Date

The effective date of this Part shall be March 1, 1977.

Part 4130 Certification and Transfer of Local Share of Historic Preservation Fund Allocation to Local Governments

17 Ill. Adm. Code 4130.10 Purpose

a) Since 1966, when Congress established a historic preservation program for the United States, the national preservation program has operated as a decentralized partnership between the federal government and the states. In 1980, Congress expanded the partnership to provide for the participation of local governments. The National Historic Preservation Act (the Act) (16 U.S.C. 470 et seq.) contains the legal basis for the federal-state-local preservation partnership.

b) Section 101(e)(1) of the Act directs the State Historic Preservation Officer and the Secretary of the Interior to participate in this partnership and 36 CFR 61 (1984) specifies several requirements that the local government must meet.

c) The Act provides that local governments which the State Historic Preservation Officer and the Secretary determine are Certified Local Governments must participate in the National Register of Historic Places process and may apply for a portion of the state's federal allocation of funds. The Act provides that at least ten percent of the state's annual Historic Preservation Fund allocation from the Department of the Interior shall be designated for transfer to Certified Local Governments.

d) This Part provides the procedures by which local governments may become Certified Local Governments and by which application for a portion of the ten percent local share may be made.

e) This Part is also intended to assure that the Certified Local Government's performance is consistent and coordinated with the identification, evaluation and preservation priorities of the Department's comprehensive historic preservation planning process.

17 Ill. Adm. Code 4130.20 Requirements – Certification and Allocation

The Illinois Department of Natural Resources adopts the standards contained in 36 CFR 61 (1984), as its minimum standards and requirements for the certification of, and allocation of funds to, local governments.

Part 4140 The Illinois Register of Historic Places

17 Ill. Adm. Code 4140.4 Illinois Register of Historic Places

In 1976, the Illinois Historic Preservation Act created an Illinois Register of Historic Places. This Register recognizes places which have an inherent cultural value to the people of Illinois and makes provisions for protection of the people's interest in this cultural value. The designation of a Registered Illinois Historic Place is not contingent on designation to any National or local Register. However, the information required for designation to the Illinois Register of Historic Places includes all information required for designation to the National Register of Historic Places and an identification of the Critical Historic Features of the Place.

17 Ill. Adm. Code 4140.7 Definitions

a) The following definitions set forth in Section 2 of the "Illinois Historic Preservation Act" will apply throughout this Part:

"Council" means the Illinois Historic Sites Advisory Council

"Department" means the Illinois Department of Natural Resources

"Director" means the Director of Natural Resources

"Critical Historic Feature" means those physical and environmental components which taken singly or together, make a place eligible for designation as a Registered Illinois Historic Place

"Place" means (1) any parcel or contiguous grouping of parcels of real estate under common or related ownership or control, where any significant improvements are at least 40 years old, or (2) any aboriginal mound, fort, earthwork, village, location, burial ground, historic or prehistoric ruin, mine case or other location which is or may be the source of important archeological data

"Registered Illinois Historic Place" means any place listed on the "Illinois Register of Historic Places" pursuant to Section 6 of this Act

"Person" means any natural person, partnership, corporation, trust, estate, association, body politic, agency, or unit of government and its legal representatives, agents, or assigns

b) For the purpose of clarity, the following definitions will also apply throughout this part:

"Applicant" means any person who prepares an Illinois Register Application.

"Designation Order" means an Illinois Register Form which shall be an order signed by the Director designating the place as a Registered Illinois Historic Place.

"Guidelines" means the criteria adopted by the Council and made available to the public in 17 Ill. Adm. Code 330.

"Illinois Register Application" means an Illinois Register Form designated to provide information, including Critical Historic Features, to the Department and the Council.

"Nomination Order" means an Illinois Register Form completed by the Department as directed by the Council which shall be an order of the Council nominating Places to the Register and describing therein Critical Historic Features of the Place.

History

• Source: Amended at 6 Ill. Reg. 11898, effective September 22, 1982

17 Ill. Adm. Code 4140.10 Regulations Pertaining to Nomination and Designation to the Illinois Register of Historic Places in Accordance with Section 6 of the "illinois Historic Preservation Act"

a) Any person may apply to have a place considered for nomination to the Illinois Register of Historic Places by submitting to the Department an Illinois Register Application. The Applicant identified thereon, shall be responsible for completing the Application.

b) An Application which is deemed incomplete by the Department, will be returned to the Applicant with an explanation of the deficiencies which must be corrected.

c) When the Illinois Register Application is completed, Department staff will prepare a proposed Nomination Order and schedule its consideration at the next appropriate Council meeting. At least 30 days prior to that meeting, notice, which lists the date, and place of the meeting where it is to be considered, and a copy of the proposed Nomination Order, will be mailed to the Applicant, the owner of record, and the presiding Officer of the county and municipal government where the Place is located. The owner and the public shall have the right to be heard and to present evidence at the Council meeting.

d) The Council will accept, reject or defer the Application based upon criteria defined in 17 Ill. Adm. Code 330. If the application is accepted, the Council will issue a Nomination Order. The Department will notify the Applicant, the owner of record and the presiding officer of the county and municipal government where the Place is located, of actions taken on the Application.

1. Approved Nomination Orders will be forwarded to the Director and sent with the notices of Council action.

2. Deferred Applications will be forwarded to the Applicant with an explanation of the reasons for deferral and the actions which must be taken before the Application can be reconsidered.

3. Rejected Applications will be forwarded with an explanation of the criteria for reapplication as provided for in 17 Ill. Adm. Code 4140.40.

e) Nomination Orders forwarded to the Director shall be made publicly available for review at least thirty (30) days before the Director takes any action designating the Place. A Place designated by the Director shall be listed in the Illinois Register of Historic Places and immediately be subject to the protection granted by the "Illinois Historic Preservation Act." The Department shall notify the Recorder of Deeds of the county or counties in which the Place is located, of its designation.

History

• Source: Amended at 6 Ill. Reg. 11898, effective September 22, 1982

17 Ill. Adm. Code 4140.20 Regulations Pertaining to the Amendment of an Order Designating an Illinois Registered Historic Place in Accordance with Section 6 of the "illinois Historic Preservation Act"

a) Any change in the list of Critical Historic Features of a registered site must be in an amendment to the designation order.

b) At least thirty (30) days prior to a regularly scheduled meeting of the Council, the Director shall make available for public review and send to the owner or owners of record any proposed amendments to the designation order.

c) The Council shall advise the Director on the content of the amendment. The owner and the public shall have the right to be heard and to present evidence at the Council meeting.

d) Amendments shall become effective upon the Director's signature.

e) Amendments to designation orders shall be sent to the owner or owners of record of the Registered Illinois Historic Place and to the Recorder of Deeds in the county or counties where the Place is located.

History

• Source: Amended at 6 Ill. Reg. 11898, effective September 22, 1982

17 Ill. Adm. Code 4140.30 Regulations Pertaining to Removal of a Place from the Illinois Register of Historic Places in Accordance with Section 10 of the "illinois Historic Preservation Act"

a) Any Person may petition the Council in writing for the removal of a Place from the Illinois Register of Historic Places by submitting to the Department the reasons why it is believed the Place is no longer eligible. The petition must include information showing conditions changed since the date of designation and the Petitioner shall be responsible for showing changes.

b) At least 30 days prior to the next regularly scheduled Council meeting notice will be sent to the person who submitted the petition, the owner of record, and the presiding officer of the county and municipal government where the place is located. This notice will include the date, and place of the meeting where the petition for removal will be considered.

c) The Council shall consider the petition at a regularly scheduled meeting and may recommend removal of a Place from the Illinois Register of Historic Places if it makes a finding as set forth in Section 10 of the Act. The owner and the public shall have the right to be heard and to present evidence at the Council meeting.

d) The Director may order the removal of any Place upon the recommendation of the Council and this will be based upon criteria defined in 17 Ill. Adm. Code 330. The Place shall lose the protection provided registered historic sites by the "Illinois Historic Preservation Act" immediately upon its removal.

History

• Source: Amended at 6 Ill. Reg. 11898, effective September 22, 1982

17 Ill. Adm. Code 4140.40 Regulations Pertaining to the Reconsideration of Petitions and Applications Which Have Been Rejected in Accordance with Section 5 of the "illinois Historic Preservation Act"

a) Applications rejected by the Director or Council may be resubmitted to the Department when the following conditions are met:

1. One full year has elapsed from the date of the Council's decision; and

2. A completed new Illinois Register Application has been submitted; and

3. New information of a significant nature has been included in the new Illinois Register Application.

b) Department staff will determine if these conditions have been met.

History

• Source: Amended at 6 Ill. Reg. 11898, effective September 22, 1982

Part 4150 Tax Incentives to Rehabilitate Owner-Occupied Historic Residences

17 Ill. Adm. Code 4150.10 Revenue Act of 1939, as Amended

In 1983, amendments to the Revenue Act of 1939, now the Property Tax Code, (35 ILCS 200) provided tax incentives to encourage owner-occupants to restore and rehabilitate their homes. These incentives take the form of freezing the properties; assessed valuation for eight years, once specified conditions are met. The Revenue Act assists landmark protection and revitalization by promoting the recognition and designation of historic buildings and areas throughout the state and by creating an incentive to upgrade neighborhoods and housing. In order to obtain the assessment freeze, the owner must first obtain a determination from the Director that the property qualifies as a historic building and then a determination that the rehabilitation of the property meets the Secretary of the Interior's standards for rehabilitation (36 CFR 67.7, 1983). A certificate of rehabilitation may also be obtained from an approved local government.

17 Ill. Adm. Code 4150.20 Definitions

a) The definitions set forth in Section 10-40 of the Property Tax Code will apply throughout this Part.

b) The following definitions will apply throughout this Part in lieu of those set forth in the Act:

1. "Rehabilitation period" means the period of time necessary to renovate, restore, preserve or rehabilitate an historic building which commences on the first day of construction.

2. "Substantial rehabilitation" means a rehabilitation project that provides a visible community benefit that enhances or improves the condition of the historic building and involves at a minimum, the exterior of the historic building.

17 Ill. Adm. Code 4150.40 Regulations Pertaining to the Certification of an Historic Building

a) A property individually listed on the National Register of Historic Places or Illinois Register of Historic Places or individually designated pursuant to an approved county or municipal landmark ordinance is automatically considered to be a certified historic building, and Section 4150.40(b) & (c) do not apply.

b) A property within a district listed on the National Register of Historic Places or designated pursuant to an approved county or municipal landmark ordinance must be determined, by the Director, to be of historic significance to the district in which it is located in order to qualify as an historic building. Any property owner may submit an application for certification of an historic building in a form approved by the Director which contains the following information:

1. the address and location of the property

2. a map showing the location of the property

3. any photographs showing the current principal views of the building

4. designation authority, that is, The Illinois Register, National Register of Historic Places, or local ordinance

5. the name of the district and a statement describing the contribution of the building to the significance of the district.

c) Within 45 days of the receipt of a complete and correct application, the Director shall determine whether or not the building is of historic significance to the district in which it is located pursuant to the criteria in 36 CFR 67.5, 1983, and inform the applicant of his decision in writing.

17 Ill. Adm. Code 4150.50 Regulations Pertaining to the Issuance of a Certificate of Rehabilitation

a) The owner of a certified historic building may submit an application for a certificate of rehabilitation in a form approved by the Director which contains the following information;

1. the address or location of the certified historic building,

2. documentation of the cost of the rehabilitation, including the cost of architectural fees,

3. a statement from the assessment officer stating the fair cash value of the historic building for the year in which the rehabilitation period begins,

4. the owner's assurance in writing that no certificate of rehabilitation has been approved for the same historic building within four years after the last year of the adjustment valuation period,

5. name and address of assessment officer

6. a description of the original condition of the building, when possible, and condition of the building immediately prior to the rehabilitation,

7. a description of the completed rehabilitation work, including plans and specifications,

8. documentation of the date on which construction commenced, and

9. black and white photographs 5" x 7" or larger showing the completed rehabilitation work, the appearance of the structure immediately prior to the rehabilitation, and if possible the original appearance of the structure.

b) Within forty-five days of the receipt of a complete and correct application for a certification of rehabilitation the Director shall make a final administrative decision and shall issue a certificate of rehabilitation to the applicant and transmit a copy to the assessment officer if he determines that:

1. the completed work meets the Standards for the Rehabilitation of Historic Structures as promulgated by the United State's Secretary of the Interior (36 CFR 67.7, 1983),

2. the work is substantial rehabilitation, and

3. the cost of the rehabilitation is equal to or greater than twenty-five percent of the base year valuation.

c) The Director may extend the deadline up to an additional 45 days for response to either the application for certification of a historic building or a certification of rehabilitation if he feels that a site inspection is necessary such as when photographs are unclear or the application of materials require visual examination.

d) A property owner may request a preliminary approval for a proposed rehabilitation from the Director before the rehabilitation period begins provided that the building has been certified pursuant to Section 4150.40 of this part. Such approvals are preliminary only and are not binding upon the director.

1. In order to obtain a preliminary approval the owner must provide the following information to the Director for review:

A) a description of the original condition of the building,

B) a description of the present condition of the building,

C) a description, plans, and specification, for the proposed rehabilitation, and

D) black and white photographs, 5" x 7" or larger, showing the present appearance of the building and, if possible, the original appearance of the building.

2. The Director will give preliminary approval if the proposed rehabilitation appears to meet the Standards for the Rehabilitation of Historic Structures found at (36 CFR 67.7, 1983). A property owner may apply for a certificate of rehabilitation by submitting an application pursuant to Section 4150.50(a) and shall be issued a certificate of rehabilitation if the rehabilitation meets the criteria in Section 4150.50(b).

17 Ill. Adm. Code 4150.60 Regulations Pertaining to the Approval of County or Municipal Landmark Ordinances

a) The chief elected official of a county or municipality may request in writing the approval of the Director for a landmark ordinance. The following documentation shall accompany the request:

1. a copy of the ordinance for which approval is requested,

2. a list, including the common addresses and verbal boundary descriptions of all individual properties and historic districts designated under the ordinance,

3. a description and statement of significance for all designated individual properties and historic districts which includes representative photographic views,

4. a map indicating the location of individual landmarks and historic districts, and

b) Within forty-five days of receipt of the request and the documentation required in Section 4150.60(a), the Director shall approve the ordinance by letter to the chief elected official if the documentation indicates compliance with criteria for designation of landmarks and historic districts established by the United States Department of the Interior for the inclusion of properties in the National Register of Historic Places (36 CFR 60, 1983), and if the ordinance contains provisions for the following:

1. authorization for historic preservation under (65 ILCS 5/11-48/2-1 et seq.), the Illinois Historic Areas Preservation Act (20 ILCS 3410/1), the Illinois Zoning Enabling Act (65 ILCS 5/11-13-1), or the Home Rule section of the Illinois Constitution (Section 6 (a) of Article VII),

2. a statement of purpose

3. establishment of a historic review commission which shall

A) have no fewer than five members

B) have demonstrated expertise in the disciplines of history, architectural history, historic architecture, architecture, community planning, real estate, neighborhood conservation, historic preservation, or related field,

C) have staggered terms of office for members,

D) hold meetings at regular intervals at least four times each year,

4. criteria for designation of landmarks and/or historic districts that are consistent with those established by the United States Department of the Interior for the inclusion of properties in the National Register of Historic Places (36 CFR 60, 1983),

5. a process for designation of historic districts and/or landmarks,

6. a definition of actions that merit review by the historic review commission which shall include demolitions and major alterations,

7. standards and criteria for review of actions within the jurisdiction of the historic review commission, and

8. procedural due process such as notification and an appeal procedures.

History

• Source: Amended at 8 Ill. Reg. 7832, effective May 23, 1984

17 Ill. Adm. Code 4150.80 Regulations Pertaining to the Approval of Local Governments

a) The chief elected official of a local government may request in writing the certification by the Director that the local government is an approved local government.

b) The request will be accompanied by assurances that the local government:

1. enforces legislation for the designation of historic buildings,

2. has an approved county or municipal ordinance in accordance with Section 4150.60 of this part,

3. maintains a historic review commission which shall, in addition to the requirements in Section 4150.60(b)(3):

A) be represented at at least one informational or educational workshop, seminar, or meeting each year pertaining to the work and functions of the commission or to historic preservation,

B) transmits to the Director an annual report of its activities including, at a minimum, the number of cases reviewed, new designations made, progress on survey activities, revised resumes for commission members, attendance records, and documentation for the meetings referenced in Section 4150.80(b)(3)(A), above, and shall submit these reports within sixty days after the end of the fiscal year for the local government,

C) monitor and report to the Director any activity affecting any property in its jurisdiction listed in the Illinois Register of Historic Places, and

D) transmit records of proceedings to the Director at the same time they are transmitted to the members of the commission.

4. maintains a system for the survey and inventory of historic properties.

A) The local government shall initiate or continue a process for survey and inventory for properties within the local jurisdiction.

B) All inventory material shall be maintained securely and shall be accessible to the public.

C) All inventory material shall be updated to reflect changes, alterations, and demolitions.

D) There shall be a building by building survey and inventory for each designated historic district.

5. provides for adequate public participation in the local historic preservation program by:

A) fulfilling the responsibilities of the Illinois Open Meetings Act (5 ILCS 120/1 et. seq.).

B) keeping careful minutes of all actions of the commission including the reasons for making decisions and keeping these minutes on file and available to the public.

6. maintains a system for reviewing applications for certifications of rehabilitations.

A) The approved local government shall assume the responsibilities of the Director under Section 4150.40(c).

B) Within 45 days of the receipt of the complete and correct application for a certification of rehabilitation, the approved local government shall approve or disapprove the application and transmit a copy of the application and recommendation to the Director. The local government shall approve the application if it meets the criteria in Section 4150.50(b) (1), (2) and (3).

C) Within thirty days of receipt of the application and recommendation, the Director shall approve or disapprove the recommendation based on the criteria in Section 4150.50(b) (1) (2) and (3). The approved local government and applicant shall be notified of the Director's final administrative decision in writing.

c) Within forty-five days of the receipt of the request and the correct and complete assurances, the Director shall certify that the local government is an approved local government and notify the chief elected official in writing if he determines that the local government has satisfied conditions in Section 4150.80 (a) and (b).

17 Ill. Adm. Code 4150.90 Revocation of Certification of Rehabilitation

A certification of rehabilitation shall be revoked pursuant to Section 10-55(e) of the Property Tax Code. A certification holder will be provided a hearing according to the procedures in 17 Ill. Adm. Code 2530 prior to revocation.

Part 4160 Public Use of Historic Sites and Properties

17 Ill. Adm. Code 4160.10 Prohibited Activities

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

17 Ill. Adm. Code 4160.20 Alcoholic Beverages - Possession, Consumption, Influence

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

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

17 Ill. Adm. Code 4160.30 Animals

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

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

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

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

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

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

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

17 Ill. Adm. Code 4160.40 Boats and Other Watercraft

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

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

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

17 Ill. Adm. Code 4160.50 Abandoned Watercraft

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

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

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

17 Ill. Adm. Code 4160.60 Capacity of Areas

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

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

17 Ill. Adm. Code 4160.70 Camping/Campfires

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

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

17 Ill. Adm. Code 4160.80 Destruction of Property

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

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

17 Ill. Adm. Code 4160.90 Collection of Artifacts

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

17 Ill. Adm. Code 4160.100 Group Activity

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

17 Ill. Adm. Code 4160.110 Littering

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

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

17 Ill. Adm. Code 4160.120 Prohibited Fishing Areas/Cleaning of Fish

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

17 Ill. Adm. Code 4160.130 Restricted Areas and Activities

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

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

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

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

17 Ill. Adm. Code 4160.140 Soliciting/Advertising/Renting/Selling

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

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

17 Ill. Adm. Code 4160.150 Swimming/Wading

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

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

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

17 Ill. Adm. Code 4160.160 Vehicles

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

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

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

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

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

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

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

17 Ill. Adm. Code 4160.170 Weapons and Firearms/Display and Use

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

17 Ill. Adm. Code 4160.180 Picnicking/Bicycling/Skate Boarding

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

17 Ill. Adm. Code 4160.190 Violation of Rule

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

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

Subchapter a Lands

Part 4170 Rules for the Protection, of Human Remains, Grave Artifacts, Grave Markers and Unregistered Graves

17 Ill. Adm. Code 4170.100 Purpose of Rules (repealed)

History

• Source: Repealed at 48 Ill. Reg. 2189, effective January 25, 2024

17 Ill. Adm. Code 4170.110 Definitions

"Act" means the Human Remains Protection Act [20 ILCS 3440].

"Adequate historical documentation" is information verifiable through the following types of independent sources: church records, deeds, treaties, atlases, maps, Tribal knowledge, and any other written and oral sources.

"Archaeological materials" means any remains of past human life or activities, as well as the physical site, location, or context in which those remains are found.

"Attorney General" means the Attorney General of the State of Illinois.

"Coroner" has the same meaning and duties as defined in Division 3-3 of the Counties Code [55 ILCS 5/Art. 3, Div. 3-3].

"Cultural-historical affiliation" means an association with a recognized historical age and cultural group.

"Department" or "DNR" means the Illinois Department of Natural Resources.

"Department archaeologist" means the chief of the Department archeology program.

"Director" means the Director of the Department of Natural Resources.

"Disturb" or "disturbance" includes excavating, removing, exposing, probing, defacing, mutilating, destroying, molesting, or desecrating in any way human remains, unregistered graves, grave artifacts, and grave markers.

"Encounter" means to come upon human remains, grave artifacts, grave markers, or unregistered graves at a location where such viewing was not expected or anticipated. [20 ILCS 3440/1]

"Field investigation" means the examination by a professional archaeologist of the traces of human culture at any land or water location by means of surveying, sampling, excavating, or removing subsurface objects or going on a site with that intent.

"Grave artifacts" means any item of human manufacture or use that is associated with human remains in any unregistered grave. [20 ILCS 3440/1]

"Grave contents" means human remains, grave artifacts, or grave markers.

"Grave markers" means any tombs, monuments, stones, ornaments, mounds, or other item of human manufacture that are associated with an unregistered grave. [20 ILCS 3440/1]

"Human remains" include the bones and decomposed fleshy parts of a deceased human body. [20 ILCS 3440/1]

"Kinship" or "kin" means lineal, affinal or legal relationship, whose biological, legal or affinal relationship can be demonstrated by genealogy, legal documentation, or forensic methods.

"Owner of record" means the person in whose name the real property appears on the records of the county Recorder of Deeds.

"Permit" means a permit issued by the Department pursuant to the Act.

"Person" means any natural individual, firm, trust, estate, partnership, association, joint stock company, joint venture, limited-liability company, corporation or a receiver, trustee, guardian or other representatives appointed by order of the court, the Federal and State governments including State universities, created by statute or any city, town, county or other political subdivision of this State. [20 ILCS 3440/1]

"Professional archaeologist" shall be those archaeologists that are certified pursuant to 17 Ill. Adm. Code 4190, Subsection D.

"Public lands" means any land owned or administered by the State, a State university, a municipality or a unit of local government.

"Related Group" means the governmental body or recognized leaders of a Tribal Nation, religious organization, ethnic affiliate, or any other group that can make a claim based on adequate historical documentation of the human remains, unregistered graves, and/or grave markers.

"Repatriation" for the purposes of this Part, means that the Department has recognized a claim regarding grave contents by a lineal descendant, Tribal Nation, or any other entity or related group through the presentation of adequate historical documentation and the process by which such grave contents are returned to the claimant.

"Site" means all mounds, forts, earthworks, village locations, burial grounds, ruins, mines, caves, or locations of past human life or activities which are the physical location of archaeological materials or may be the source of grave artifacts.

"Treatment plan" means a plan for the avoidance, removal, reburial, disposition, curation, or repatriation of grave contents that has been approved by the Department.

"Tribal" or "Tribal Nation" means a Native American or Alaska Native entity that is recognized as having a government-to-government relationship with the United States, with the responsibilities, powers, limitations, and obligations attached to that designation, and is eligible for funding and services from the Bureau of Indian Affairs.

"Tribal consultation" means a form of communication centered in trust, respect and shared responsibility that upholds Tribal sovereignty. It is a free and open process where the exchange of information and opinions are shared among the participating parties. [20 ILCS 3440/1]

"Tribal knowledge" means the generational sum of experiences, wisdom, or research present in a tribal Nation as a result of their existence and relationship with the land.

"Undertaking" means any project, activity, or construction that can result in changes to, disturbance of, moving, or destruction of human remains, grave artifacts, grave markers or unregistered graves. [20 ILCS 3440/1]

"Unregistered grave" means any grave or location where a human body has been buried or deposited, is over 100 years old and is not in a cemetery registered with or licensed by the State Comptroller under the Cemetery Care Act or under the authority of the Illinois Department of Financial and Professional Regulation pursuant to the Cemetery Oversight Act, whichever is applicable. [20 ILCS 3440/1]

History

• Source: Amended at 48 Ill. Reg. 2189, effective January 25, 2024

17 Ill. Adm. Code 4170.200 Notification and Investigation of Unregistered Graves and Grave Contents Located on Real Property

a) If the Department is in possession of credible information that leads the Department to conclude that there is a likelihood that unregistered graves or grave contents are located on real property, then the Department shall notify the owner of the real property in writing of such information. This notification shall include the requirements under the Act to obtain a permit before any undertaking may take place on the real property that the Department determined likely to contain unregistered graves or grave contents.

b) Notification of Owner of Record of Permit Requirements.

The Department may recommend that a general archaeological field investigation of the suspected location of unregistered grave or grave contents be conducted by a professional archaeologist. If Native American unregistered graves or grave contents are encountered, invasive archaeological field investigations must be conducted with the approval of Tribal Nations.

History

• Source: Amended at 48 Ill. Reg. 2189, effective January 25, 2024

17 Ill. Adm. Code 4170.210 Determination of Kinship or Related Group

a) After grave contents from the unregistered grave are encountered the Department shall attempt to identify kinship related to the grave contents. The Department shall review any adequate historical documentation that is available to the Department to determine kinship. If kinship is established, the Department shall notify, by registered mail, those people or entities that have a kinship relation with the grave contents. Repatriation or care of the human remains shall be subject to the written permission of the kin who notify the Department within 30 days after the mailing notification that kinship is accepted.

b) If kinship cannot be established, then the Department shall attempt to determine if there is a related group or groups that would have an affiliation with the grave contents through adequate historical documentation.

c) If the Department determines that the grave contents are affiliated with a related group that is Native American in origin, the Department will notify any and all related Tribal Nations of the encounter of the grave contents or unregistered grave and invite the Tribal Nations to consult on the proposed treatment plan pursuant to Section 4170.220. If no Tribal Nation accepts the invitation or no Tribal National responds in writing within 30 days after receiving the invitation, then the Department will proceed with its determination as to any permit application. If a Tribal Nation or Nations accept the invitation, then the Department will consult with the Tribal Nation or Nations within 30 days after the acceptance of the invitation, unless a later date is agreed to by the Department and all of the Tribal Nation or Nations. Such consultation shall occur if the invitation is accepted before the Department issues a permit pursuant to this Part. Repatriation or reinterment is subject to Section 14 of the Act.

d) If the Department determines that the grave contents are affiliated with a related group or groups that is not Native American in origin, the Department will notify any and all related groups of the encounter. Such notification may be by mail or by publication. Repatriation or care of the human remains and grave contents shall be subject to the written permission of the related group who notify the Department in writing within 30 days after the mailing of the notification that the related group status is accepted by a group notified by the Department.

e) If the origin of the grave contents cannot be determined, the Department may, at its discretion, give public notice of any excavation of grave contents subject to the jurisdiction of the Department pursuant to the Act. Such public notice shall include, but not be limited to, notice in a newspaper of general circulation in the county where the unregistered grave or grave contents are situated for two consecutive weeks, in an effort to determine the identity of the kin or related group of the grave contents. Any person or group claiming kinship or a related group relationship to the grave contents must produce adequate historical documentation establishing that relationship. The Department shall review and verify the claim before grave contents are transferred to the person or group claiming kinship or related group status with the grave contents.

History

• Source: Amended at 48 Ill. Reg. 2189, effective January 25, 2024

17 Ill. Adm. Code 4170.220 Tribal Consultation

When an unregistered grave, human remains or grave contents are encountered and believed to be Native American in origin, the Department will use adequate historical documentation to determine the contemporary Tribal Nations that have an affiliation with the unregistered grave, human remains or grave contents. The Department will create a contact list of affiliated Tribal Nations. The Department's notice to the contact list shall include: details regarding the materials that have been encountered; a report of their condition; information about how the encounter occurred; which affiliated Tribal Nations have been identified; and an invitation to attend a consultation meeting that shall occur no sooner than 45 days after notification. Notice may be by letter or electronic communication. If a Tribal Nation intends to participate in the consultation meeting, then a response indicating attendance must be sent to the Department within 30 days after the notice is issued. Tribal Nations may attend the consultation in person, attend virtually, or submit written comments to the Department. The Department shall gather information related to the history of the location, details regarding the encounter and a proposed draft treatment plan for discussion with the Tribal Nations during the consultation. If an emergency exists, pursuant to Section 4170.300(c), Tribal consultation may occur sooner than this Section requires if all Tribal Nations that indicated they wish to participate and the Department agree that Tribal consultation shall occur on an expedited basis.

History

• Source: Added at 48 Ill. Reg. 2189, effective January 25, 2024

17 Ill. Adm. Code 4170.300 Permit Application

a) Application for Preservation Work to Unregistered Graves. Those wishing to probe the ground to locate and recover buried grave markers and to clean, repair or reset grave markers in an unregistered cemetery must obtain a permit from the Department. The application shall be on a form provided by the Department. The application shall provide the following information:

1. The applicant's name and address;

2. The proposed cemetery preservation plan, including, but not limited to the location and address of the cemetery;

3. The applicant's knowledge of the nature of the remains;

4. The rationale for the proposed disturbance;

5. Proof of ownership of the applicant of the land that the proposed cemetery preservation undertaking is occurring on or written permission from the landowner granting permission for the proposed cemetery preservation undertaking to occur; and

6. Any additional information or documentation that the Department requests to ensure the preservation or protection of unregistered graves and grave contents.

b) Application for Undertaking.

If an undertaking will occur on property that the property owner has been notified in writing by the Department that the land is likely to contain human remains, unregistered graves, grave markers, or grave artifacts, a permit shall be obtained by the landowner from the Department. If human remains, unregistered graves, grave markers, or grave artifacts were unknown and were encountered by any person, a permit shall be obtained from the Department before any work on the undertaking may continue. [20 ILCS 3440/13(a) and (b)] The application shall be on a form provided by the Department. The applicant shall provide the following information:

1. The name, address, email address and telephone number of the applicant and the owner or record.

2. The nature and extent of the undertaking.

3. The origin of the unregistered grave and grave contents that is known to the applicant and owner of record.

4. The location, address, and locational maps of the undertaking, including GPS coordinates.

5. A proposed time schedule for the undertaking, including the proposed schedule for excavation or avoidance.

6. Proof of ownership of the land that the undertaking is occurring on, or written permission from the landowner granting permission for the undertaking to occur.

7. A statement regarding whether preservation in place of the human remains, unregistered graves or grave contents is or is not feasible. If preservation in place is not feasible, then additional information outlining economic, construction, or social needs (e.g., contemporaneous construction or development of the property, agricultural activity, mining) requiring expedition in the removal of unregistered graves or grave contents is required.

8. If preservation in place is not feasible in the opinion of the permit applicant, the applicant’s proposed funding source, timetable, and available professional expertise for removal of unregistered graves or grave contents.

9. A draft treatment plan.

10. Any and all information detailing whether the undertaking involves either State or Federal funding, licenses, permits, or approvals.

11. The names, addresses, email addresses, and telephone numbers of the individuals proposed to be responsible for conducting the removal or excavation, including those people proposed to be responsible for carrying out any terms or conditions of the permit, including detailed resumes of the key project personnel (e.g., the principal investigator, field director, and staff directing any specialized analysis proposed), institutional affiliation, if any, and evidence of education.

12. Evidence that personnel named as responsible for site excavations in subsection (b)(11) of this Section are certified as Field Archaeologists Level II or III, under the Archaeological and Paleontological Resources Protection Act [20 ILCS 3435] and 17 Ill. Adm. Code 4190.

13. Evidence that all excavations and analysis of unregistered graves and grave contents will be performed under the supervision of a human osteologist certified under subsection (e) of this Section.

14. Evidence of the ability of the applicant or those individuals listed pursuant to subsection (b)(12) of this Section to initiate, conduct, and complete the proposed work within the proposed timeframe, including evidence of funding, logistical support, laboratory facilities and evidence of past timely and successful completion of similar scale projects.

15. Evidence that an adequate program of site security to protect unregistered graves and grave contents from theft, vandalism, or inclement weather will be maintained during all work performed under this permit.

16. If known, the specific boundaries of an unregistered grave.

17. If the draft treatment plan involves removal of grave contents and those items cannot be transferred to the Department immediately upon excavation, the university, museum, funeral home, government agency, or other scientific or educational institution proposed as a temporary repository of materials and proof that the temporary repository entity possesses adequate curatorial capability for safeguarding and preserving the grave contents and all associated records during such temporary repository.

18. The applicant has certified that, not later than 60 days after the date the report of investigation is submitted to the Department, all grave contents and copies of records, data, photographs, and other documents resulting from work conducted under the requested permit will be delivered to the Department in compliance with the Department's curation and recordation policy regarding human remains, unregistered graves, grave artifacts, and grave markers.

c) Emergency Excavations.

In instances where unregistered graves or grave contents are encountered and the Department determines that it is not feasible to leave the unregistered grave or grave contents in place, and there is a high likelihood that the current conditions of the encounter, that are outside the control of the person or entity encountering the remains, may lead to destruction or irreparable damage to the unregistered grave or grave contents, or an emergency exists affecting public health, safety, or property, the Department shall authorize the excavation and analysis of the unregistered graves or grave contents at no cost to the owner of record by a professional archaeologist or human osteologist approved by the Department. All costs related thereto shall be borne by the professional archaeologist or skeletal analyst or other person employing or authorizing such excavation and analysis.

d) Excavation by Department Personnel. Department employees carrying out official Department duties required under the Act need not follow the permit application procedures of this Section. However, the Department shall comply with all other requirements of this Part and the Act.

e) Certification of Human Osteologist. The following are the minimum standards of education and experience to be certified as a human osteologist for the purpose of conducting activities under the Act and this Part. The applicant must:

1. Have designed and executed a human osteological study as evidenced by a graduate thesis or dissertation, or a report equivalent in scope and quality and been awarded a graduate degree, from an accredited institution, in archaeology, anthropology, or another germane discipline with a specialization in human osteology. It is recognized that in some cases an individual may have prepared several small reports that, cumulatively, may be comparable to a graduate thesis;

2. Possess six months of supervised analytical training/experience in the identification, analysis, and interpretation of human osteological remains, which may be accumulated on a part-time basis; and

3. Agree in writing to conduct research in accordance with currently accepted scientific standards as outlined in the Society for Professional Archaeologists "Standards of Research Performance" and to know and comply with the Department's curation and recordation policy regarding human remains, unregistered graves, grave artifacts, and grave markers.

f) Application for Certification. Any individual wishing to apply for certification under this Section and the Act as a human osteologist shall submit a letter of request with appropriate documentation to the Department. Documentation must be sufficient to demonstrate the applicant fulfills the requirements of subsection (e)(1), (2) and (3).

History

• Source: Amended at 48 Ill. Reg. 2189, effective January 25, 2024

17 Ill. Adm. Code 4170.305 Department Review of Permit Application

a) In reviewing an application for a permit pursuant to the Act and this Part, the Department shall consider:

1. The documentation provided by the applicant pursuant to Section 4170.300, including if the information is complete and meets the criteria set out by the Act and this Part;

2. Kin, Tribal consultations, or related group opinions or comments regarding the disposition of the unregistered graves, human remains, grave artifacts, or grave markers; and

3. Protection of unregistered graves and grave contents.

b) The Department shall return a permit application to the applicant without issuing a permit if any information or documentation required under Section 4170.300 is missing or incomplete.

History

• Source: Added at 48 Ill. Reg. 2189, effective January 25, 2024

17 Ill. Adm. Code 4170.310 Issuance of Permits

a) Each permit shall specify all terms and conditions under which the avoidance, removal, or disturbance of human remains, grave artifacts, grave markers, or unregistered graves shall be carried out. [20 ILCS 3440/13(d)]

b) Permit Conditions.

1. In all permits issued, the Department shall specify in writing:

A) The nature and extent of work allowed and required under the permit, including the time, duration, scope, and location of the avoidance, disturbance, or removal of unregistered graves and grave contents;

B) The name of the persons responsible for conducting the work and, if different, the name of the persons responsible for carrying out the terms and conditions of the permit; and

C) The Department-approved treatment plan.

2. All permits shall require that a field summary be completed on the disposition of the unregistered graves and grave contents pursuant to the treatment plan and shall be delivered to the Department. The Department shall have 30 days from the date of receipt of the field summary to either approve the field summary or return the field summary for the completion of additional work or the filing of additional information. No undertaking shall resume until after the Department has approved a field summary provided by the permittee. The Department shall return any field summary that is not approved and shall set a deadline, in writing, for the submittal of a revised field summary. Failure to submit the revised field summary within the timeframe set in the permit shall be considered a withdrawal of the permit application.

3. In order to minimize damage to real property, unregistered graves, and grave contents and in order to ensure the recording and preservation of those unregistered graves or grave contents, the permit may set forth requirements or limitations regarding the methods and equipment to be employed in the removal or avoidance, the area of investigation to ensure complete removal or avoidance of all unregistered graves or grave contents, and the procedures to be followed in documenting the removal or avoidance and the matters to be covered in the report or reports required to be provided pursuant to Section 4170.340.

4. The permit may require that an authorized representative of the Department be present to witness and document the removal of human remains, unregistered graves, grave markers, or grave artifacts.

5. Unless permit duration is defined within the terms of the permit, each permit shall expire at midnight one year after the date of its issuance.

6. The Department may specify such other terms and conditions deemed necessary, consistent with this Part or the Act. The Department may add, remove, or modify permit conditions upon receiving new or updated information.

c) One copy of the permit shall be at the site of the project, either in the possession of the owner of record, the principal investigator of the project or a designated professional archaeologist at the project site while any undertaking is occurring. The permit shall be provided to any employee of the Department or any member of law enforcement upon request during normal business hours at the listed address of the permittee or at any time at the site when work is actively occurring on the land the permit was so issued.

d) Initiation Deemed Acceptance. Initiation of work or other activities under the authority of a permit signifies the permittee's acceptance of the terms and conditions of the permit.

e) No Release Until Obligations Satisfied. The permittee shall not be released from requirements of a permit until all outstanding obligations have been satisfied, whether or not the term of the permit has expired.

f) Transfer, Extension, or Modification. The permittee may request that the Department transfer, extend, or modify a permit by written application only. Such transfer, extension, or modification of the permit shall become effective only upon review and written transfer, extension, or modification of the permit by the Department. If a permit is transferred, extended, or modified, the permit shall be reissued by the Department and shall include such transfer, extension, or modification. All transfers, extensions, or modifications shall comply with the Act and this Part.

g) Permits For Terms In Excess of One Year. The permittee's performance under any permit issued for a period greater than one year shall be subject to review by the Department at least annually.

History

• Source: Amended at 48 Ill. Reg. 2189, effective January 25, 2024

17 Ill. Adm. Code 4170.320 Financial Responsibility (repealed)

History

• Source: Repealed at 48 Ill. Reg. 2189, effective January 25, 2024

17 Ill. Adm. Code 4170.330 Suspension of Permits

a) Suspension of Permits. The Department may suspend a permit if any of the following conditions occur:

1. Public health or safety is endangered by the continuation of activities authorized by the permit;

2. Information provided by the permittee to the Department was willfully misrepresented or false; or

3. The permittee is in violation of:

A) any conditions set forth in the permit as issued by the Department;

B) the Act; or

C) any of the rules of this Part.

b) Such suspension shall remain in effect until the basis for the suspension has been mitigated to the satisfaction of the Department.

History

• Source: Amended at 48 Ill. Reg. 2189, effective January 25, 2024

17 Ill. Adm. Code 4170.340 Reports Required

a) Field Summary. A Field Summary shall include the following:

1. The location of and count of all encountered unregistered graves.

2. The field methodologies used for the identification and removal of unregistered graves and grave contents.

3. A chronology of all actions taken during the course of the investigation and removal or avoidance of any unregistered grave or grave contents that is covered by a permit issued pursuant to the Act.

4. A listing of all individuals involved in the actions taken as reported in subsection (a)(2) and (3).

5. Current storage location of all encountered human remains, grave artifacts or grave markers.

6. Within 30 days of the conclusion of the field investigation of the unregistered grave or grave contents, the individual providing such services shall file a field summary with the Department. Additional time to file a field summary with the Department may be granted at the discretion of the Department. Any extension of time to file a field summary shall only be by written consent of the Department.

b) Report of Investigation

Within 60 days of the completion of the undertaking, the permit holder shall submit a report, on a form provided by the Department, of the results to the Department. [20 ILCS 3440/13(d)] A Report of Investigation shall include the following:

1. Transmittal Statement by the Permittee. The permittee shall provide a statement that will provide:

A) The final disposition of the grave contents; and

B) Written documentation of the transfer of any excavated or removed grave contents to the Department.

2. Reports by Professional Archaeologist and/or Human Osteologist. The professional archaeologist and/or human osteologist identified in the permit shall also provide the Department with copies of the reports, in the format required by the Department, containing the following information:

A) Title Page. Each report shall have a title page which specifies the authors, principal investigator, institution or association, contractor and source of funds, title of report including the nature and location of work, and the date the report was prepared.

B) Abstract. The abstract shall clearly summarize the purposes, location, result of fieldwork, laboratory analysis, if applicable, and any recommendations of the report and shall include enough information that it could be quoted as a summary statement.

C) Table of Contents. The table of contents is necessary for reports exceeding 10 pages in length and should provide page locations for the various report subdivisions as well as for figures, tables, references cited, and appendices.

D) Introduction. The introduction shall briefly summarize the purpose of the investigations and the scope of work (contract requirements), including any agencies involved, dates of work, principal personnel and landowners.

E) Physical Setting. The physical setting as it relates to the understanding of the nature of the unregistered graves shall be described. Information shall be presented on the geomorphology, soils, vegetation, current land use, potential for preservation in place, and any other pertinent data. A map showing the location of the project in the State should be included, as well as a United States Geological Survey (USGS) quadrangle map; section, township, and range; GPS coordinates; and any additional maps that clarify location and setting.

F) Context. A summary of any previous archaeological and/or historical record of the unregistered graves shall be provided. This section shall include a description of the information sources consulted, including published material, and adequate historical documentation.

G) Methods. A statement of procedures used to document and analyze the unregistered graves, field and laboratory data, and rationale for the procedures utilized shall be included in the report. The overall field method and the techniques used in the survey and/or excavation shall be specified. Maps showing the areas covered by on-site inspection must be included. If multiple techniques were used, maps or text should specify the techniques used in each subarea. Each map must be clear, of an appropriate scale, and shall contain a north arrow, figure caption, and a legend of symbols used. The techniques and equipment used to document and analyze grave contents and associated data should be specified.

H) Results. The results of field and/or laboratory investigations should be presented (along with supportive data) and a synthesis of the work given. This section must include site descriptions of unregistered graves surveyed or excavated. The descriptions should include a complete discussion of the site's historical or archaeological context.

I) Description of Unregistered Graves and Grave Contents. The report shall include, but not be limited to:

i) The number and context of unregistered graves (including type of burial, positions, etc.);

ii) a description and analysis of all associated grave markers and grave artifacts and/or features;

iii) a scale map with the positions of each unregistered grave;

iv) an inventory of the bones and teeth recovered;

v) a description of the general condition of the remains;

vi) a description and analysis of any traumas and pathological conditions;

vii) assessments of age, sex, stature, and population affiliation;

viii) an evaluation of cultural/historical, ethnic, and Tribal affiliation;

ix) a description and analysis of nonmetric traits; and

x) evidence used in the identification of specific individuals.

J) Supporting Data. Supporting data for the report must include lists and descriptions of material remains, photographs of the sites and the project area figures of excavation details (profiles, plan maps, etc.). The results should evaluate the unregistered graves; cultural historical, ethnic, and Tribal affiliation; and cultural/historical context of all of the former in relationship to the overall scope of the project.

K) Identification. The report shall, if possible, clearly present the evidence to establish kin, related group, and/or cultural-historical affiliation.

L) Recommendations. Recommendations and supporting evidence regarding the possibility of the presence of unregistered graves or grave contents that were not encountered at the permitted location.

M) Supplementary Statements. The location where the materials and records have been deposited and are being cared for must be specified in the report. The nature of the records and curation facility must also be noted.

N) References Cited. References to the files, literature, webpages, and oral reports which are applicable to the project must be included in the references cited.

History

• Source: Amended at 48 Ill. Reg. 2189, effective January 25, 2024

17 Ill. Adm. Code 4170.350 Forms

Any form required by the Department pursuant to the Act or this Part may be requested by contacting the Department at DNR.ILHRPA@illinois.gov, or may be found on the Department's website at www.dnr.illinois.gov.

History

• Source: Added at 48 Ill. Reg. 2189, effective January 25, 2024

17 Ill. Adm. Code 4170.400 Disposition of Human Remains, Grave Markers and Grave Artifacts

a) All grave contents shall be turned over to the Department within 30 days of the acceptance of the report of investigation by the Department.

b) Items Identified by Kin. If kin can be identified, the identified kin shall have the authority concerning the ultimate disposition of the human remains, grave markers, or grave artifacts in the possession of the Department.

c) Items Identified of a Related Group. If human remains, grave markers, or grave artifacts in the possession of the Department are identified as being part of a related group, the Department shall consult with the identified related groups. The disposition of the human remains, grave markers, or grave artifacts shall be in accordance with the desires of such related groups.

d) No Kin or Related Group Identified. Whenever the Department is unable to identify kin or a related group, or the kin or related group identified fails to make a recommendation regarding the disposition of human remains, grave markers, or grave artifacts, the Department shall treat the human remains, grave markers, and grave artifacts in accordance with its curation and recordation policies regarding human remains, unregistered graves, grave artifacts, and grave markers.

e) Other Disposition. Persons or groups may submit to the Department adequate historical documentation demonstrating their relationship to specific human remains, grave markers, or grave artifacts. The Department will review these documents, and after a determination by the Department that relationship exists, the Department will work towards repatriation of those items to affiliated kin or related groups.

History

• Source: Amended at 48 Ill. Reg. 2189, effective January 25, 2024

17 Ill. Adm. Code 4170.410 Transfer of Jurisdiction Over Human Remains (repealed)

History

• Source: Repealed at 48 Ill. Reg. 2189, effective January 25, 2024

17 Ill. Adm. Code 4170.420 Appeals

a) Any permittee who receives notice of suspension or revocation, any permittee contesting a condition of a permit, or any related group or kin contesting the disposition of human remains, unregistered graves, grave markers, or grave artifacts may request an administrative hearing.

b) Suspension Appeal

1. If a permit is suspended or revoked, the permit holder will be issued a Notice of Suspension/Revocation through U.S. mail. An affidavit of mailing shall be proof that the notice was received. Notification will contain the factual and legal reason for the suspension or revocation and shall be sent by standard U.S. mail.

2. Any person whose permit is suspended or revoked shall have the right to appeal by filing two copies of the Petition for Hearing. Both copies of the Petition for Hearing shall be mailed to or filed with:

Illinois Department of Natural Resources

Office of Legal Counsel

One Natural Resources Way

Springfield, IL 627092-1271

3. Petitions must be sent to the Department and postmarked no later than 30 days after the Notice of Denial was mailed for the petition to be considered.

4. If a timely Petition for Hearing is not received by the Department, then the suspension or revocation will be considered final without further notice.

5. The petition shall be styled "In Human Remains Act Permit Suspension/Revocation of (name), PETITION FOR HEARING". The petition shall contain sufficient facts in justification of a hearing and shall be signed by the Petitioner. The party filing the petition shall be designated the Petitioner. The Department shall be designated the Respondent.

6. The hearing will be conducted in accordance with the Department's rules for contested hearings at 17 Ill. Adm. Code 2530, Subpart D.

History

• Source: Amended at 48 Ill. Reg. 2189, effective January 25, 2024

17 Ill. Adm. Code 4170.430 Delegation of Responsibilities (repealed)

History

• Source: Repealed at 48 Ill. Reg. 2189, effective January 25, 2024

17 Ill. Adm. Code 4170.440 Custody and Curation (repealed)

History

• Source: Repealed at 48 Ill. Reg. 2189, effective January 25, 2024

17 Ill. Adm. Code 4170.500 Scientific Treatment and Disposition of Human Remains Transferred to the Illinois State Museum (repealed)

History

• Source: Repealed at 48 Ill. Reg. 2189, effective January 25, 2024

17 Ill. Adm. Code 4170.600 Prohibited Acts; Notification of Department (repealed)

History

• Source: Repealed at 48 Ill. Reg. 2189, effective January 25, 2024

17 Ill. Adm. Code 4170.610 Criminal Penalties (repealed)

History

• Source: Repealed at 48 Ill. Reg. 2189, effective January 25, 2024

17 Ill. Adm. Code 4170.620 Civil Penalties (repealed)

History

• Source: Repealed at 48 Ill. Reg. 2189, effective January 25, 2024

17 Ill. Adm. Code 4170.630 Civil Damages (repealed)

History

• Source: Repealed at 48 Ill. Reg. 2189, effective January 25, 2024

17 Ill. Adm. Code 4170.640 Penalty Amounts (repealed)

History

• Source: Repealed at 48 Ill. Reg. 2189, effective January 25, 2024

17 Ill. Adm. Code 4170.650 Rewards

At the discretion of the Department, pursuant to Section 9 of the Act, the Department may advertise a reward for information leading to the arrest and conviction of any person who violates the Act. The Director may certify to the State Comptroller that a person is eligible to receive payment. Officers and employees of federal, State, or local government who furnish information or render service in the performance of their official duties shall not be certified eligible to receive payment of rewards.

History

• Source: Amended at 48 Ill. Reg. 2189, effective January 25, 2024

17 Ill. Adm. Code 4170.700 Purpose of Inventory (repealed)

History

• Source: Repealed at 48 Ill. Reg. 2189, effective January 25, 2024

17 Ill. Adm. Code 4170.710 Inventorying of Burial Site (repealed)

History

• Source: Repealed at 48 Ill. Reg. 2189, effective January 25, 2024

17 Ill. Adm. Code 4170.720 Confidentiality (repealed)

History

• Source: Repealed at 48 Ill. Reg. 2189, effective January 25, 2024

17 Ill. Adm. Code 4170.800 Burial Location on Department-Owned, -Managed, or -Leased Land

The Department may identify locations for repatriated human remains, grave artifacts, and grave markers on Department-Owned, -Managed, or-Leased land using adequate historical documentation and Tribal consultation. The method of repatriation shall be with Tribal approval.

History

• Source: Added at 48 Ill. Reg. 2189, effective January 25, 2024

Part 4180 Rules for Review of State Agency Undertakings

17 Ill. Adm. Code 4180.100 Purpose of Rules

a) To set forth the practice and procedures to be followed by the Illinois Department of Natural Resources and all other State agencies in reviewing the effect of State agency undertakings on historic resources;

b) To establish procedures to facilitate inter-agency activities; and

c) To establish procedures to allow public access to the review process.

17 Ill. Adm. Code 4180.110 Definitions

a) Words shall have the meaning as defined in the Illinois State Agency Historic Resources Preservation Act [20 ILCS 3420], hereinafter referred to as "the Act".

b) "Area of Potential Effects". The Area of Potential Effects includes the geographical area or areas within which an undertaking will cause changes in the character or use of historic properties.

c) "Director" as used herein shall mean the Director of the Department of Natural Resources or their designee.

17 Ill. Adm. Code 4180.120 Incorporations by Reference

a) The definition and interpretation of criteria for the National Register of Historic Places as found in Section 101 of the National Historic Preservation Act of 1966 (16 U.S.C. 470) and its implementing regulations (36 CFR 60).

b) The interpretation for the criteria of adverse effect and the definition of "no adverse effect" as found in Section 106 of the National Historic Preservation Act (16 U.S.C. 470) and its implementing regulations, "Protection of Historic Properties" (36 CFR 800).

c) Minimum professional standards of education and experience for qualified professionals for purposes of conducting activities in compliance with this Act as found in the National Historic Preservation Act (16 U.S.C. 470) and its implementing regulations (36 CFR 61, Appendix A).

d) Minimum professional standards for archaeological surveys and evaluation are provided in "Guidelines For Archeological Consultants and Reconnaissance Surveys and Reports", Illinois Historic Preservation Agency, revised June 1991. This document is available from the Department of Natural Resources, One Natural Resources Way, Springfield, Illinois 62702.

e) Minimum standards for documentation to be provided in compliance with the Act can be found in "Archaeology and Historic Preservation; Secretary of the Interior's Standards and Guidelines"; Federal Register, Vol. 48, N. 190, pp. 44716-44742.

f) The depiction of "high probability areas" on county maps as produced according to the criteria in 20 ILCS 3420/6 by the Illinois State Museum from data maintained in the Illinois Geographical Information System as of July 1, 1992. The maps are maintained and available for inspection by the public at the offices of the Illinois Department of Natural Resources, One Natural Resources Way, Springfield, IL 62702 and at the Illinois State Museum Collection Center, Department of Anthropology, 1920 10½ Street, Springfield, 62703. Copies may be obtained from the Illinois State Museum Collection Center, Department of Anthropology.

History

• Source: Amended at 17 Ill. Reg. 1521, effective January 25, 1993

17 Ill. Adm. Code 4180.130 Applicability

These rules apply to all State agency undertakings as defined in Section 3(f) of the Act exclusive of those exempted by Section 4(g) of the Act.

17 Ill. Adm. Code 4180.200 Notice of Undertaking

a) As early in the planning process as possible, written notice pursuant to Section 4(a) of the Act shall be delivered to the Illinois Department of Natural Resources. The written notice shall include, at a minimum:

1. a brief description of the proposed undertaking, including identification of State agency involvement;

2. a map and other description of the location of the proposed undertaking as appropriate, including known prior land uses; and

3. current photographs of all structures above ground within the Area of Potential Effects, any history generally known about the area or known previous surveys.

b) If the Director determines within thirty (30) calendar days that no resources will be affected, he will so inform the Department of Natural Resources, and the project may proceed.

c) If the Department of Natural Resources chooses, initial notice of a project may include documentation required under Section 4180.250. In this instance, the Director will combine the review periods pursuant to Section 4180.200(b) and Section 4180.250(b).

17 Ill. Adm. Code 4180.250 Identification of Historic Resources

a) If the Director does not issue a no effect finding within 30 days after receipt of the notice for the undertaking, the Director will consult with the State agency to determine the documentation necessary to identify and evaluate historic resources within the Area of Potential Effects. Documentation requirements may include, but is not limited to, archaeological surveys and testing, historic surveys, detailed histories of individual structures, and proposed architectural plans. The Director may require an on-site inspection by qualified professionals or appropriate staff to determine presence of historic resources. During documentation consultation, the Director will make available to the State agency such lists and maps as are available at the office of the Department of Natural Resources.

b) If the Director determines that no historic resources as defined in Section 3(c) of the Act exist within the Area of Potential Effects, he will notify the agency within thirty (30) calendar days after receipt of complete documentation (i.e., sufficient documentation to apply the criteria of the National Register of Historic Places). The agency will then have complied with the law and may proceed with the undertaking.

c) If the Director determines that historic resources as defined in Section 3(c) of the Act exist within the Area of Potential Effects, he will notify the State agency within thirty (30) calendar days after receipt of complete documentation and inform the agency of the likelihood of an adverse effect.

d) The State agency may proceed with an undertaking if no response is received from the Illinois Department of Natural Resources within forty five (45) calendar days after date of completed documentation.

17 Ill. Adm. Code 4180.300 Determination of Effect

a) The Director shall apply the criteria of adverse effect as defined in Section 3(d) of the Act and deliver his conclusion to the State agency.

b) The Director may conclude that no effect or no adverse effect will occur based on the documentation submitted by the State agency. In these instances, upon receipt of written notice to that effect from the Department of Natural Resources, the State agency will have fulfilled its responsibilities pursuant to the Act. In some cases, the Director may issue a no adverse effect finding with conditions. In this case, the State agency will fulfill its responsibilities pursuant to the Act by meeting the conditions and notifying the Director in writing.

c) If the Director concludes, in consultation with the State agency, that an adverse effect exists, the State agency shall initiate the consultation process outlined in Section 4180.350.

17 Ill. Adm. Code 4180.350 Consultation Process for Adverse Effects

a) To initiate the consultation process, the Director and the State agency shall consult to determine such further investigation of various alternatives as is necessary to determine all feasible and prudent alternatives to the undertaking as originally proposed in order to avoid, minimize or mitigate the identified adverse effects.

b) In addition to the State agency and the Department of Natural Resources, consulting parties may include State agencies, local governments, local not-for-profit groups and other parties of interest as agreed to by the State agency and the Director. The State agency and the Director may agree to call a public information meeting to obtain public comment concerning the proposed undertaking and its effects on historic resources pursuant to Section 4180.450.

c) After consideration of the information collected during the consulting process, if the State agency and the Director agree upon a feasible and prudent alternative which eliminates the adverse effect, the Director shall conclude that there is no adverse effect and, upon receipt of written notice to that effect from the Department of Natural Resources, the State agency will have fulfilled its responsibilities under the Act.

d) After consideration of the information collected during the consulting process, if the State agency and the Director agree upon a feasible and prudent alternative which minimizes or mitigates the adverse effect, or if they determine that there are no feasible and prudent alternatives, the Director shall execute a Memorandum of Agreement as provided in Section 4(d) of the Act within thirty (30) calendar days. Other consulting parties shall have the opportunity to concur with the Agreement if they will be responsible for carrying out any of the terms specified in the agreement. Upon ratification of the Memorandum of Agreement and carrying out its terms, the State agency will have fulfilled its responsibilities under the Act.

17 Ill. Adm. Code 4180.400 Failure to Agree

If the State agency and the Director fail to agree upon the existence of a feasible and prudent alternative and cannot execute a Memorandum of Agreement, the State agency shall call a public meeting pursuant to Section 4(e) of the Act. The purpose of the public meeting is to solicit the opinions and recommendations of national, State and local units of government, public and private organizations, and private individuals. Public meetings shall be carried out pursuant to Section 4180.450.

17 Ill. Adm. Code 4180.450 Public Meeting

a) The State agency shall give notice of a public meeting at least thirty (30) calendar days before the date of the public meeting. Notice shall be placed in a newspaper of general circulation in the area in which the proposed undertaking is to occur. The notice shall include the following information:

1. The date, time, and place of the public meeting;

2. The purpose of the public meeting;

3. A description of the undertaking;

4. A description of the resources involved; and

5. The procedure for offering written or oral testimony.

b) The State agency shall designate an officer to conduct the public meeting and shall be responsible for recording the proceedings and providing a written transcript which shall be delivered to the Director within seven (7) calendar days after the public meeting. The written transcript shall also be made available to the public by the State agency in accordance with the Freedom of Information Act (5 ILCS 140). The Director or his designee shall attend the public meeting. If the Director and the State agency agree that the purposes of the Act will be served, the agency may include consideration of historic resources within their existing public hearing procedures.

17 Ill. Adm. Code 4180.500 Mediation Committee Appointment and Procedures

a) The Director shall appoint five persons to serve on the Historic Preservation Mediation Committee pursuant to Sections 4(e) and (f) of the Act. The Director shall serve as Chairman of the Committee. The Committee shall have the power to write By-Laws and Rules governing operation. The Department shall provide education and staff support necessary to conduct business. Members shall serve without compensation but shall have expenses reimbursed by Department.

b) If, within fourteen (14) calendar days after the public meeting, the State agency and Director fail to agree, the State agency shall submit documentation to the Committee as specified in Section 4(e) of the Act. The document shall contain, at a minimum:

1. Description of the proposed undertaking;

2. Description of the resources affected;

3. Alternatives considered and reasons for their rejection; and

4. A written transcript of the public meeting.

c) The Committee shall meet pursuant to Section 4(f) of the Act and provide its findings or comments to the State agency within thirty (30) calendar days after receipt of this documentation. The State agency shall implement the undertaking in accordance with comments of the Committee or respond in writing prior to proceeding with the undertaking concerning the reasons why implementation of the Committee's findings or comments is not prudent or feasible.

17 Ill. Adm. Code 4180.550 Emergency Undertakings

a) An emergency undertaking is an action by a State agency necessary to prevent an imminent threat to property or public health or safety. Such an undertaking shall be considered an emergency if the action must be implemented within thirty (30) calendar days, usually due to a natural disaster or emergency declared by the Governor or a local government's chief elected official. In such instances, the State agency shall informally consult with Department of Natural Resources staff to the extent practical to explain reasons for declaring the emergency and take into account Department of Natural Resources recommendations.

b) As soon as possible after taking the action, the State agency shall report to the Director concerning the reasons for the emergency action taken, including impacts on historic resources and measures taken to mitigate adverse impacts.

17 Ill. Adm. Code 4180.600 Categorical No Effects

The State agency and the Director may enter into a written agreement stating that a repetitive undertaking or a certain class of undertakings shall have no effect on historic resources, thereby waiving the requirement for review of each action covered by the agreement. To qualify, a State agency shall assign a staff person to carry out the terms of such agreement. Such agreements shall be subject to review for amendment or revision. Examples include: minor sewer rehabilitation, in-kind bridge repair, licensing private wells, and highway maintenance.

17 Ill. Adm. Code 4180.650 Programmatic Agreements

The State agency and the Director may enter into a written agreement stating that a repetitive undertaking or certain class of undertakings or a large complex undertaking may have an adverse effect on historic resources and may detail the measures to be undertaken to minimize or mitigate the adverse effects programmatically. Such agreements are appropriate when adverse effects to specific resources are anticipated but unknown at the time consultation occurs. Such agreements shall be for a specified period of time and shall be subject to review for amendment or revision. Examples include: major land acquisitions, routine maintenance at State-owned complexes, master management plans or statewide loan programs involving similar work items.

17 Ill. Adm. Code 4180.700 Foreclosure

If the State agency fails to notify the Director of an undertaking in accordance with Section 4(a) of the Act, the Director shall advise a State agency that the State agency has not afforded the Department of Natural Resources a reasonable opportunity to comment. If the State agency objects to this finding, the Director shall consider consultation concluded and initiate Sections 4(e) and (f) of the Act.

17 Ill. Adm. Code 4180.750 Resources Discovered During Undertaking Implementation

When the State agency has fully complied with the Act and finds resources during the implementation of the project not subject to treatment in a previously executed agreement or other finding by the Director, the State agency shall cease, or cause to stop, any activity having an effect on the resource and consult with the Director to determine a treatment plan for any historic resources affected by the undertaking. If the State agency and the Director cannot agree upon a treatment plan, the matter shall be brought before the Mediation Committee within fourteen (14) calendar days for immediate resolution. Portions of the project not affecting the discovered resources may proceed.

Part 4190 The Protection, Treatment, and Inventory of Archaeological and Paleontological Resources on Public Lands

17 Ill. Adm. Code 4190.101 Purpose of Rules

This Part implements the provisions and intent of the Archeological and Paleontological Resources Protection Act [20 ILCS 3435]. The State reserves to itself the exclusive right to control archaeological and significant paleontological resources on public lands in order to protect and preserve scientific and cultural information, artifacts, and materials. As part of that process, this Part mandates the maintenance of a State site file containing all known archaeological and significant paleontological resource locations and set standards for professional archaeologists and paleontologists working on public lands within the State of Illinois. Furthermore, it is the purpose of this Part to encourage the preservation and protection of archaeological and paleontological resources on both private and public lands and to discourage their exploitation and destruction by vandalism, looting, commercial development, and construction. Publicly-owned resources should be considered as scientific and educational preserves that are held in trust for future generations and will be given the highest level of preservation and protection from both planned and unplanned disturbances. This Part is not intended to discourage collection of common invertebrate and/or plant fossils by educational groups, the scientific community, and the public where not otherwise prohibited. Invertebrate fossils are very common in the rocks of Illinois. This Part is intended for archaeological resources, significant paleontological resources, and extremely significant invertebrate and plant fossil localities on public lands.

17 Ill. Adm. Code 4190.102 Definitions

"Act" means 20 ILCS 3435, the Archeological and Paleontological Resources Protection Act.

"Adequate historical documentation" is information verifiable through at least two of the following types of independent sources: public records, deeds, maps, and other written and oral sources.

"Agency Archaeologist" means an archaeologist who is certified at Level III under Section 4190.405(d)(3) and who is head of the Department's Agency archaeology program.

"Archaeological resource" means any significant material remains or localities of past human life or activities on public land including, but not limited to, artifacts, historic and prehistoric human skeletal remains, mounds, earthworks, shipwrecks, forts, village sites, or mines. Coins, bullets and unworked minerals and rocks shall not be considered archaeological resources for purposes of the Act and this Part unless found in a direct physical relationship with archaeological resources as defined in this Section.

"Attorney General" means the Attorney General of the State of Illinois.

"Certified professional archaeologist" means an archaeologist certified by the Department as described in Subpart D of this Part.

"Certified professional paleontologist" means a paleontologist certified by the Agency as meeting the requirements under Subpart D of this Part.

"Department" means the Department of Natural Resources

"Director" means the Director of the Department.

"Disturb" includes defacing, mutilating, injuring, exposing, removing, destroying, desecrating or molesting in any way. It does not include surface collecting of aerially exposed paleontological resources or removal of common invertebrate fossils with a small hand tool, such as a rock hammer.

"Field investigation" means the study by a certified archaeologist of archaeological resources or by a certified paleontologist of paleontological resources at any land or water location by means of surveying, sampling, excavating, or removing subsurface objects or going on a site with that intent.

"Final report" is the documentation of field work and analysis of the materials recovered and the physical context in which they were present followed by the interpretation of the site.

"Grave artifacts" means all relics, specimens, or objects of a historical, prehistorical, cultural, archaeological or anthropological nature of human manufacture or use which may be found above or below the surface of the earth and which were associated with human skeletal remains in any unregistered grave.

"Grave markers" are any tombs, monuments, stones, ornaments, mounds, or other items of human manufacture that is associated with an unregistered grave.

"Historic significance" means that the Director has determined that the archaeological resource has yielded or is likely to yield information concerning past patterns of human settlement, or artifacts or information concerning cultures in Illinois of more than 50 years ago.

"Human skeletal remains" or "human remains" means any part of the body of a deceased person in any stage of decomposition in a context indicating substantial evidence for an intentional or unintentional burial; or a disarticulated or articulated skeleton.

"Illinois Inventory of Archaeological and Paleontological Sites" shall be as described in Subpart C of this Part.

"Inventory" means the Illinois Inventory of Archaeological and Paleontological Sites as described in Subpart C of this Part.

"Material remains of past human life or activities" refers to any physical evidence of human habitation, occupation, use or activity. Such items of evidence include, but are not limited to:

surface, subsurface, or submerged structures (a specific example includes, but is not limited to, shipwrecks),

shelters, facilities (specific examples include, but are not limited to, forts and mines),

features (specific examples include, but are not limited to: domestic structures, human-made mounds, earthworks, canals, reservoirs, horticultural garden areas, rock alignments, cairns, middens, kilns, and post molds),

surface, subsurface, or submerged concentrations or scatters of artifacts,

whole or fragmentary tools, implements, containers, weapon projectiles, clothing, and ornaments (specific examples of these include, but are not limited to: pottery and other ceramics, basketry, cordage, weavings, coins, bullets, bottles and other glassware, flaked stone, bone, metal, wood, hide, feathers, and pigments),

by-products of manufacture or use of human-made or natural materials, organic waste (specific examples include, but are not limited to: vegetal and animal remains, coprolites),

rock carvings, rock paintings, intaglios, and other works of artistic or symbolic representation,

rockshelters or caves containing any of the foregoing materials,

the physical site or location of any of the foregoing,

any portion or piece of any of the foregoing.

"Material remains of past life or traces" refers to any physical parts of plants or animals, other than humans, and evidence for the existence of past life. Such items of evidence include, but are not limited to:

complete or partial specimens of bones, teeth, and other body parts including, but not limited to, feathers, scales, and cuticles of vertebrate animals,

complete or partial specimens of skeletons, both organic and inorganic, including, but not limited to, chitin, cuticle, mineral constituents such as calcite and aragonite of shells, and other body parts of invertebrate animals,

complete and partial specimens of plant parts including, but not limited to, leaves, stems, flowers, spores, pollen, cuticles, fruiting bodies (e.g., seeds), roots, rhizomes, and tubers; and

complete and partial specimens of traces of life including, but not limited to, casts, molds, impressions, carbonizations, tracks, and stains.

"Mid-continental Region" means that part of the United States that falls within the states of Wisconsin, Michigan, Illinois, Indiana, Ohio, Kentucky, Tennessee, Georgia, Alabama, Mississippi, Louisiana, Arkansas, Missouri, eastern Iowa and southeastern Minnesota.

"Museum" means the Illinois State Museum.

"Museum Director" means the Director of the Illinois State Museum.

"Paleontological resource" means any significant fossil or material remains of past life, other than human, on public lands including traces or impressions of animals or plants that occur as part of the geological record that are known and are included in the files maintained by the Illinois State Museum under Section 10 of the Act.

"Permit" means a permit issued by the Department pursuant to the Act and this Part.

"Person" means any natural individual, firm, trust, estate, partnership, association, joint stock company, joint venture, corporation or a receiver, trustee, guardian or other representative appointed by order of the court, the federal and State governments, including State universities created by statute, or any city, town, county or other political subdivision of this State.

"Primary rock body or sedimentary unit" means the rocks or sediments that occur in the location of their original deposition.

"Public land" means any land owned, but does not include land leased as lessee, by the State of Illinois or its agencies, a State university created by statute, a municipality or a unit of local government.

"Significant material remains or localities" means any archaeological resource that:

is listed in the National Register of Historic Places;

has been formally determined by the Director to be eligible for listing in the National Register of Historic Places as defined in the National Historic Preservation Act (16 U.S.C. 470) and its regulations;

has been nominated by the Director and the Illinois Historic Sites Advisory Council for listing in the National Register of Historic Places;

meets one or more of the criteria for listing in the National Register of Historic Places (36 CFR 60), as determined by the Director or is listed in the Illinois Register of Historic Places.

"Site" means the physical location of archaeological or paleontological resources.

"Unregistered grave" means any grave or location (including any unmarked burial site) where a human body has been buried or deposited, that is over 100 years old, and that is not in a cemetery registered with the State Comptroller under the Cemetery Care Act [760 ILCS 100].

17 Ill. Adm. Code 4190.103 Coordination with Other Statutes

Exceptions to the need to acquire a permit do not constitute a release from ownership, curation, or other Sections of the Act or other Parts of this Chapter. However, archeologists or paleontologists conducting projects under other laws as listed in Section 8 of the Act or in this Section below, do not need to meet the certification requirements or need a permit under this Act. Persons conducting projects under those laws or exceptions shall meet the authorization and professional qualification requirements of those laws. The following is a list of those other laws and activities:

a) Work is not required to be conducted by a certified archaeologist or paleontologist, or under a permit issued pursuant to the Act or this Part, if:

1. the proposed work consists of archaeological survey and/or data recovery undertaken and agreed to in writing by the Department pursuant to Section 106 of the National Historic Preservation Act (16 U.S.C. 470) or the activities are permitted pursuant to the Federal Surface Mining Control and Reclamation Act of 1977 (30 U.S.C.A. 1201 et seq.) or the rules and regulations promulgated thereunder or under any law, rule or regulation adopted by the State of Illinois thereunder.

2. the proposed work consists of archaeological survey and/or data recovery undertaken and agreed to in writing by the Department pursuant to the Illinois State Agency Historic Resources Preservation Act [20 ILCS 3420]. However, when a State agency's monies are used to support an archaeological research project, a permit and these services of a certified archaeologist or paleontologist shall be required if there is no impending or planned development or construction.

3. the person conducting the activities is conducting activities under other permits, leases, licenses, or entitlements for use, when those activities are exclusively for purposes other than the excavation and/or removal of archaeological or paleontological resources. However, if during the course of such work, archaeological or paleontological resources are discovered, the provisions of Section 4190.104 of this Part are applicable.

4. the person is collecting on private lands.

5. the person is visiting, diving on, viewing, electronically recording, photographing, mapping, drawing, or otherwise recording archaeological or paleontological resources provided that such activities do not result in the disturbance of or unauthorized collection of these resources.

6. the work consists of surface collecting of aerially exposed paleontological resources that are not covered by the primary rock body or sedimentary unit that has preserved the paleontological resources or removal of common invertebrate fossils with a small hand tool, such as a rock hammer, unless otherwise prohibited. Items collected under this exemption are not subject to claim by the State.

b) No permit is required for the research, service, or educational activities of certified paleontologists or licensed geologists, including persons under their supervision, employed by the Illinois State Geological Survey and Illinois State Museum of the Illinois Department of Natural Resources. Both the Museum and State Geological Survey are legislatively mandated to conduct geological research and educational programs.

c) No permit is required for the research, service, or educational activities of certified archaeologists employed at the Museum when conducting non-ground disturbing Phase I archaeological surveys on public lands. However, they shall comply with the notification and documentation requirements in Sections 6(c) and 8(a) of the Act.

d) Investigations by Department Personnel. No permit is required for any certified archeologist carrying out official Department duties under the Act or this Part. However, the Department shall comply with the notification and documentation requirements in Section 6(c) of the Act.

e) No Release from Requirements or Restrictions Under Other Laws. Under federal and other Illinois statutory, regulatory, or administrative authorities governing the use of public lands, authorizations may be required for activities which do not require a permit from the Department. Any person wishing to conduct on public lands any activities related to, but believed to fall outside the scope of, the Act and this Part should consult the Department or the unit of government believed to have authority with respect to such activity for the purpose of determining whether any authorization is required. No release from the need to acquire permission of any public land managing agency to conduct work on their land is granted by any authorization or exemption under the Act or this Part.

f) If the proposed work consists of archeological survey, testing or excavations undertaken and agreed to in writing by the Department pursuant to the Human Skeletal Remains Protection Act [20 ILCS 3440], certification may be required.

17 Ill. Adm. Code 4190.104 Unexpected Discovery of Archaeological and Paleontological Resources on Public Lands

a) Notification of Department. Any person knowing or having reasonable grounds to believe that archaeological or paleontological resources protected by the Act are being disturbed, destroyed, defaced, mutilated, removed, excavated or exposed shall, as soon as possible, notify the Director and a local representative of the responsible land-managing agency.

b) Discovery of an Unregistered Grave Over 100 Years Old or an Unmarked Burial Site. Pursuant to the Human Skeletal Remains Protection Act [20 ILCS 3440], any activity that has disturbed or may disturb burial remains, a grave, any grave marker (including a mound), or any grave artifacts shall cease immediately upon discovery. The land managing agency and the Illinois Department of Natural Resources shall be contacted immediately. If human skeletal remains have been disturbed or discovered, the county coroner must be notified within 48 hours. If the coroner determines the site is not a crime scene, then jurisdiction shall be under the Human Skeletal Remains Protection Act and under 17 Ill. Adm. Code 4170, as applicable. No activity that affects the location of burial remains, a grave, a grave marker (including a mound), or grave artifacts may resume without authorization.

c) Notification of Owner of Record of Statutory Requirements.

1. If a disturbance or impending disturbance of archaeological or paleontological resources is reported to the Director by a person other than the owner of record, the Director shall notify the owner of record of the site, by telephone or other telecommunications media if possible and by letter with delivery receipt service, of the reported or impending disturbance of the archaeological and paleontological resources, the requirement that a permit be obtained prior to such disturbance and the liabilities and penalties upon the owner of record for any violation of the Act.

2. In instances where the disturbance or impending disturbance of an archaeological or paleontological site for which specific legal boundaries have not been determined is reported to the Director, the Director may require all activity that may disturb the site to cease until the type of resources and specific legal boundaries can be determined in a method approved by the Director. Such activities shall not resume unless specifically authorized by the Director.

17 Ill. Adm. Code 4190.105 Review of Final Reports

The Department shall review final reports within 45 days after receiving a complete draft. If the Department does not find the report acceptable, it shall provide specific comments concerning any problem. The Department shall receive at least two copies of the final report. The land owning agency will receive at least one copy of the final report. The Museum will receive at least one copy of the final report, which will be among the materials provided to the Museum for curation. Final reports shall include the following:

a) Transmittal Statement that will substantiate:

1. The land on which the excavation occurred has been returned to its normal use or the intended use that was interrupted by the discovery and/or excavations of the archeological or paleontological resources.

2. Written evidence of the transfer of any excavated or removed archaeological or paleontological resources and project records to the Museum if that has already been accomplished, or a statement that final disposition at the Museum will be accomplished within 30 days.

b) The certified archeologist or paleontologist shall provide, at a minimum, the following information in the final report:

1. Title Page. Each report shall have a title page that specifies the author, principal investigator, organization or association, contractor and source of funds, source of authorizations, title of report including the nature and location of work, and the month and year the report was completed.

2. Abstract. The abstract shall include a clear summary indicating the purposes, location, results of field work and laboratory analysis, the new knowledge gained and any recommendations of the report. The Abstract shall include enough information that it could be quoted as a summary statement in preparing a statement regarding actions in compliance with the Act.

3. Table of Contents. This is necessary only in the case of reports exceeding ten text pages in length. The table of contents shall provide page locations for the various report subdivisions as well as for figures, tables, references cited, and appendices.

4. Introduction. The introduction shall briefly summarize the purpose of the investigations and the scope of work (contract requirements), including any agencies involved, dates of work, principal personnel, and land owners.

5. Physical Setting as it Relates to an Understanding of the Nature of the Site and Resources. Information shall be presented on the geomorphology, soils, vegetation, current land use, potential for site preservation, and any other pertinent environmental data. A map showing the location of the project in the State shall be included as well as a United States Geological Survey (USGS) map and any additional maps that clarify site and project location and setting.

6. Context. A summary of any previous archeological, paleontological and/or historical record of the site shall be provided. The focus shall be on providing information that would aid in understanding and evaluating the importance of the sites in the study. This section shall include a description of the information sources consulted including published materials, site files, unpublished manuscripts, and informants.

7. Methods. An explicit statement of procedures used to collect and evaluate the site, field and laboratory data, and rationale for the particular procedures utilized shall be included in the report. The overall field strategy and the techniques used in the survey and/or excavation shall be specified. Maps showing the areas actually covered by on-the-ground inspection shall be included. If more than one technique was used in the work, maps or text shall specify the techniques used in each subarea. Each map shall be visually clear and include a scale, North arrow, caption and key to symbols used. All typologies utilized and underlying assumptions governing methods must be clearly stated and explained. The techniques and equipment used in collecting and analyzing artifacts and associated data shall be specified (e.g., types of preservatives and adhesives used in stabilizing the material, types of instruments used in making measurements, statistical techniques employed, etc.).

8. Results and Synthesis. The results of field and/or laboratory investigations shall be presented (along with supportive data) and a synthesis of the work given. This section shall include site descriptions of all sites surveyed and excavated. The descriptions shall include, if applicable, a complete discussion of the site's historical, paleontological or archeological context. All research questions posed in the scope-of-work shall be addressed with the collected data and the contribution of this work to scientific advancement discussed. For archeological resources, the synthesis shall evaluate the sites, associated artifact assemblages, cultural/historical context of all of the former in relationship to the overall scope of the project and in relationship to pertinent cultural, historical, or archeological questions.

9. Supporting Data. Supporting data for the report shall include lists and descriptions of material remains, illustrations of artifacts, fossils, grave features and pertinent human skeletal parts, photographs of the sites and the project area, and figures of excavation details (profiles, plan maps, etc.). Inventories and long lists may be put in an appendix.

10. Recommendations. Recommendations regarding the preservation and/or the need for future work at the sites must be given. A discussion of the further research potential or archeological or paleontological materials recovered in excavations must be given.

11. Supplementary Statements. The location where the materials and records have been deposited and are being or will be curated must be specified in the report. The nature of the records must also be noted.

12. Bibliography. References to files, published and unpublished literature, and oral reports mentioned in the report must be included in the bibliography.

13. Appendices. A complete copy of all official correspondence with the Illinois Department of Natural Resources and the land owning or managing agency must be included. Items such as artifact inventories may be included in appendices at the discretion of the report writer.

17 Ill. Adm. Code 4190.106 Custody and Curation

a) Title to Archaeological and Paleontological Resources. Archaeological and paleontological resources excavated or removed from public lands shall remain the property of the State of Illinois (see 20 ILCS 3435/1). All artifacts, implements and material found or discovered by illegal disturbances or authorized or permitted field investigations, explorations, or excavations shall be delivered to representatives of the Museum within 30 days after the Agency acceptance of the final report unless arranged otherwise with the Museum.

b) Archaeological and Paleontological Reports and Field Records. All original field records, notes, photographs and other project documentation shall be deposited at the Museum within 30 days after the Department acceptance of the final report unless arranged otherwise with the Museum.

c) Conservation. All archeological materials collected under this Part will be maintained in appropriate conditions as defined in 36 CFR 79, "Curation of Federally-Owned and Administered Archeological Collections" (1990). Paleontological materials collected under this Part will be curated following the same general standards established above for archeological collections.

17 Ill. Adm. Code 4190.201 Prohibited Acts; Notification of Department

a) Discovery of Archaeological or Paleontological Resources. Any person who discovers archaeological or paleontological resources or is aware of the illegal disturbance of such protected resources on public lands shall immediately notify the Director.

b) No Disturbance Permitted. It is unlawful for any person, either by himself or through an agent, to knowingly disturb archaeological or paleontological resources on public land, except as authorized under the Act and this Part.

c) No Sale or Other Transfer of Archaeological or Paleontological Resources. It is unlawful for any person, either by himself or through an agent, to sell, purchase, exchange, transport, possess, or receive any archaeological or paleontological resources protected by this Act with the knowledge that they have been collected or excavated in violation of this Act.

17 Ill. Adm. Code 4190.202 Criminal Penalties

a) Class A Misdemeanor – Violations. Any violation of Section 3 of the Act not involving the disturbance of human skeletal remains is a Class A misdemeanor. A violator is subject to imprisonment for not more than one year and a fine not in excess of $5,000. Any subsequent violation is a Class 4 felony. Each disturbance that takes place at an archaeological or paleontological site constitutes a separate offense. (See Section 5 of the Act.)

b) Class 4 Felony – Violations. Any violation of Section 3 of the Act which involves the disturbance of human skeletal remains is a Class 4 felony and the violator shall be subject to imprisonment and a fine. Each disturbance of an unregistered grave, a grave marker or grave artifacts constitutes a separate offense. (See Section 5 of the Act.)

17 Ill. Adm. Code 4190.203 Civil Penalties

a) Authority to Assess Civil Penalty. The Department may assess a civil penalty against any person who has violated any prohibition contained in the Act, any regulation promulgated by the Department pursuant to the Act or any term or condition included in a permit. Section 5 of the Act also allows civil damages to be assessed by the land managing agency.

b) Notice of Violation. The Department shall serve a notice of violation upon any person believed to be subject to a civil penalty, either in person or by registered or certified mail (return receipt requested). The Agency shall include in the notice:

1. A concise statement of the facts believed to show a violation;

2. A specific reference to the provisions of the Act or this Part allegedly violated;

3. The amount of penalty proposed to be assessed, including any initial proposal to mitigate or remit where appropriate, or a statement that notice of a proposed penalty amount will be served after the damages associated with the alleged violation have been ascertained;

4. Notification of the right to file a petition for relief pursuant to subsection (d) of this Section. The notice shall also inform the person of the right to seek judicial review of any final administrative decision assessing a civil penalty.

c) Alternatives in Response to Notice of Violations. The person served with a notice of violation shall have 30 calendar days from the date of its service (or the date of service of a proposed penalty amount, if later) in which to respond. During this time the person may:

1. Seek informal discussions with the Agency;

2. File a petition for relief in accordance with subsection (d) of this Section;

3. Take no action and await the Department's notice of assessment;

4. Accept in writing, or by payment of the proposed penalty, any mitigation or remission offered in the notice. Acceptance of the proposed penalty or mitigation or remission shall be deemed a waiver of the notice of assessment and of the right to request a hearing under subsection (g) of this Section.

d) Petition for Relief. The person served with a notice of violation may request that no penalty be assessed, or that the amount be reduced, by filing a petition for relief with the Department within 30 calendar days after the date of service of the notice of violation (or of a proposed penalty amount, if later). The petition shall be in writing and signed by the person served with the notice of violation. If the person is a corporation, the petition must be signed by an officer authorized to sign such documents. The petition shall set forth in full the legal or factual basis for the requested relief.

e) Assessment of Penalty.

1. The Department shall assess a civil penalty upon expiration of the period for filing a petition for relief, or upon completion of informal discussions, whichever is later.

2. The Department shall take into consideration all available information, including information provided pursuant to subsections (c) and (d) of this Section or furnished upon further request by the Department.

3. If the facts warrant a conclusion that no violation has occurred, the Department shall so notify the person served with a notice of violation, and no penalty shall be assessed.

4. Where the facts warrant a conclusion that a violation has occurred, the Department shall determine a penalty amount in accordance with Section 5 of the Act and Section 4190.205 of this Part.

f) Notice of Assessment. The Department shall notify the person served with a notice of violation of the penalty amount assessed by serving a written notice of assessment, either in person or by registered or certified mail (return receipt requested). The Department shall include in the notice of assessment:

1. The facts and conclusions from which it was determined that a violation did occur;

2. The basis in Section 4190.205 for determining the penalty amount assessed and/or any offer to mitigate or remit the penalty; and

3. Notification of the right to request a hearing, including the procedures to be followed, and to seek judicial review of any final administrative decision assessing a civil penalty.

g) Hearings.

1. Except where the right to request a hearing is deemed to have been waived as provided in subsection (c)(4), the person served with a notice of assessment may file a written request for a hearing with the Department. The person shall enclose with the request for hearing a copy of the notice of assessment, and shall deliver the request as specified in the notice of assessment, personally or by registered or certified mail (return receipt requested).

2. A person served with notice must deliver a written request for a hearing within 30 days after the date of service of the notice of assessment, or shall be deemed to have waived the right to a hearing.

h) Final Administrative Decision.

1. When the person served with a notice of violation has accepted the penalty pursuant to subsection (c)(4) of this Section, the notice of violation shall constitute the final administrative decision;

2. When the person served with a notice of assessment has not filed a timely request for a hearing pursuant to subsection (g)(1) of this Section, the notice of assessment shall constitute the final administrative decision;

3. When the person served with a notice of assessment has filed a timely request for a hearing pursuant to subsection (g)(1) of this Section, the decision resulting from the hearing or any applicable administrative appeal therefrom shall constitute the final administrative decision.

i) Payment of Penalty.

1. The person assessed a civil penalty shall have 30 calendar days from the date of issuance of the final administrative decision in which to make full payment of the penalty assessed, unless a timely request for appeal has been filed.

2. Upon failure to pay the penalty, the Department Director may request the Attorney General to institute a civil action to collect the penalty in a court for any district in which the person assessed a civil penalty is found, resides, or transacts business. Where the Department is not represented by the Attorney General, a civil action may be initiated by the State's Attorney of the county in which the violation occurred.

j) Other Remedies Not Waived. Assessment of a penalty under this Section shall not be deemed a waiver of the right to pursue other available legal or administrative remedies.

k) Injunctive Remedy. The Agency may seek injunction or other relief as the Department deems appropriate for any violation of the Act or this Part.

17 Ill. Adm. Code 4190.204 Civil Damages

a) Generally. Persons convicted of a violation of Section 3 of the Act shall also be liable for civil damages to be assessed by the Department. Civil damages may include:

1. forfeiture of any and all equipment used in disturbing the protected archaeological or paleontological resources;

2. any and all costs incurred in cleaning, restoring, analyzing, accessioning and curating the recovered materials;

3. any and all costs associated with restoring the land to its original contour or the site to its original condition;

4. the archaeological or paleontological value, the cost of restoration and repair, and any and all costs associated with recovery of data, and analyzing, publishing, accessioning and curating materials when the prohibited activity is so extensive as to preclude the restoration of the site;

5. any and all costs associated with the reinterment of human skeletal remains;

6. any and all costs associated with the determination and collection of the civil damages. (See Section 5(a) through (e) of the Act.)

b) Deposit of Penalty Amounts to Designated Funds. When civil damages are recovered through the Attorney General, the proceeds shall be deposited into the Historic Sites Fund. When civil damages are recovered through the State's Attorney, the proceeds shall be deposited into the county funds designated by the county board. (See Section 5 of the Act.)

c) Archaeological or Paleontological Value. For purposes of this Part, the archaeological or paleontological value of any material remains of past human life or activities, human remains, grave artifacts or grave markers, or the material remains of past life or traces involved in a violation of the prohibitions in the Act, this Part or conditions of a permit shall be the value of the information associated with the archaeological or paleontological resource. This value shall be appraised in terms of the costs of the retrieval of the scientific information which would have been obtainable prior to the violation. These costs may include, but need not be limited to, the cost of preparing a research design, conducting field work, carrying out laboratory analysis, and preparing reports as would be necessary to realize the information potential.

d) Cost of Restoration and Repair. For purposes of this Part, the cost of restoration and repair of archaeological or paleontological resources, human remains, grave artifacts or grave markers damaged as a result of a violation of prohibitions or conditions pursuant to the Act or this Part, shall be the sum of the costs already incurred for emergency restoration or repair work, plus those costs projected to be necessary to complete restoration and repair, which may include, but need not be limited to, the costs of the following:

1. Reconstruction of the archaeological or paleontological materials, human remains, grave artifacts or grave markers;

2. Stabilization and conservation of the archaeological or paleontological materials, human remains, grave artifacts or grave markers;

3. Ground contour reconstruction and surface stabilization;

4. Research necessary to carry out reconstruction or stabilization;

5. Physical barriers or other protective devices necessitated by the disturbance of archaeological or paleontological resources, human remains, grave artifacts or grave markers to protect them from further disturbance;

6. Examination and analysis of the archaeological or paleontological resources, human remains, grave artifacts or grave markers, including recording remaining archaeological or paleontological information, where necessitated by disturbance, in order to salvage remaining values which cannot be otherwise conserved;

7. Reinterment of human remains in accordance with religious or tribal custom and State or local tribal law, where appropriate as determined by the Agency; and

8. Preparation of reports relating to any of the above activities.

17 Ill. Adm. Code 4190.205 Penalty Amounts

a) Maximum Amounts. The maximum penalty for any misdemeanor violation of Section 3 of the Act is $5,000 per disturbance. The maximum penalty for any felony violation of Section 3 is $10,000 per disturbance.

b) Determination of Penalty Amount, Mitigation, and Remission. The Department may assess a penalty amount less than the maximum amount of penalty and may offer to mitigate or remit the penalty.

1. Determination of the penalty amount and/or a proposal to mitigate or remit the penalty may be based upon any of the following factors:

A) Agreement by the person being assessed a civil penalty to return to the State all archaeological or paleontological resources removed;

B) Agreement by the person being assessed a civil penalty to assist the Director in activity to preserve, restore, or otherwise contribute to the protection and study of archaeological or paleontological resources in Illinois;

C) Agreement by the person being assessed a civil penalty to provide information which will assist in the detection, prevention, or prosecution of violations of the Act;

D) Demonstration of hardship or inability to pay, provided that this factor shall only be considered when the person being assessed a civil penalty has not been found to have previously violated the Act or regulations promulgated thereunder;

E) Determination that the person being assessed a civil penalty did not willfully commit the violation;

F) Determination that the proposed penalty would constitute excessive punishment under the circumstances;

G) Determination of other mitigating circumstances appropriate to consideration in reaching a fair and expeditious assessment.

2. When the penalty is for a violation which may have had an effect on a known religious site on public lands, the Director should consult with and consider the interest of the specific affected group prior to proposing to mitigate or remit the penalty.

17 Ill. Adm. Code 4190.206 Rewards

Section 3.2 of the Act provides for rewards of up to $2,000 to be made to persons who furnish information which leads to arrest and conviction for a criminal violation. The Director may certify to the State Comptroller that a person is eligible to receive payment. Officers and employees of federal, tribal, State, or local government who furnish information or render service in the performance of their official duties, and persons who have provided information under Section 4190.205(b)(1)(C), shall not be certified eligible to receive payment of rewards.

17 Ill. Adm. Code 4190.301 Purpose of Inventory

In order to ensure that the scientific knowledge about prehistoric, historic, and submerged archaeological sites and paleontological sites with their associated historic, cultural, archaeological, and paleontological resources are not willfully or unnecessarily destroyed or lost, and to preserve information with respect to their location and condition, the Museum shall maintain an Illinois Inventory of Archaeological and Paleontological Sites, and the Department shall cooperate in the development and maintenance of the inventory, as required in Section 10 of the Act. Such site information shall also include site data generated pursuant to the Rules for the Protection of Human Remains, Grave Artifacts, Grave Markers and Unregistered Graves (see 17 Ill. Adm. Code 4170) when the site contains human remains, graves, grave markers (including mounds) or grave artifacts. The Inventory shall indicate the accurate location of each known archaeological or paleontological site.

17 Ill. Adm. Code 4190.302 Inventorying of Archaeological and Paleontological Sites

a) The Inventory Form shall contain the following information, to the extent known:

1. The name and address of the individual completing the form.

2. Documentation of the site.

3. Photographic prints of each site with burials, including a black and white photograph of each individual mound, to document its current condition. The photograph shall be either an original print at least 5 inches by 7 inches or an original contact sheet and the negatives.

4. A township, range and section description and Universal Transverse Meridian coordinates of the site's location, including sufficient buffer land necessary to protect the site until its specific legal boundaries are defined.

5. A sketch showing the known area of the site and any salient observable features.

6. A copy of the pertinent United States Geological Survey 7.5 minute topographic quadrangle map noting the location of the site.

7. References to previous recorded information on the site.

b) Documentation of a Site. Documentation of a site may include, but is not limited to, the following:

1. Physical evidence, as demonstrated by archaeological, paleontological or written historical reports showing the presence of archaeological or paleontological resources, or human skeletal remains, graves or grave markers;

2. Adequate historical documentation;

3. Oral depositions or affidavits; or

4. Any additional information requested by the Department.

17 Ill. Adm. Code 4190.303 Release of Site Information

Following Section 10 of the Act, information contained in the Illinois Inventory of Archaeological and Paleontological Sites may only be released in accordance with the following:

a) Professional archaeologists or paleontologists may have access to site and location information for their respective fields as needed for their specific project by request to the Department Archaeologist responsible for the Inventory.

b) Governmental bodies may have access to information and location of sites located within lands that they own or manage for the purposes of protecting, preserving and managing those archaeological and paleontological resources or as needed for specific planning or management needs by written request to the Agency Archaeologist responsible for the Inventory. These governmental bodies shall not release this information to any other person or organization without the authorization of the Department.

c) Release of general information (not including site location and ownership) to the public about archaeological or paleontological resource sites listed in the Illinois Inventory of Archaeological and Paleontological Sites shall generally be available, but the Department shall not release such information when it is believed that such a release may endanger the resource.

d) Site location information and site ownership (when it would help indicate site location) shall not be released. Information about the character of a site that would help indicate site location shall not be released.

e) Release of information under this Section shall be subject to an applicable fee for duplication and processing. The fee schedule shall be in accordance with Department rule (2 Ill. Adm. Code 1951.Appendix B).

17 Ill. Adm. Code 4190.401 Purpose

This Subpart establishes minimum standards of education and experience for archaeologists and paleontologists to qualify as professionals for the purpose of conducting activities on public land under the Act and this Part. It is the purpose of this Part to ensure that individuals who have the proper education, training, and experience are engaged in the investigation of the State's limited archaeological and paleontological resources.

17 Ill. Adm. Code 4190.402 Certification Requirements

All supervisory personnel carrying out paleontological activities or archaeological field investigations pursuant to this Part must be certified by the Illinois Department of Natural Resources. Persons need only meet the certification requirements for the type of site and level of work (as applicable) for the specific project they intend to conduct.

a) All field personnel who perform any supervisory archaeological field activities covered under this Part must be certified, at a minimum, as supervisory archaeological field technicians. Persons certified only at this level shall not be the persons in charge of a project or of the field work. Persons certified at this level may assist in the supervision of field work.

b) Persons responsible for and in charge of archeological field investigations must be certified for the appropriate kind of site and at the appropriate level as follows:

1. Level I (as defined in Section 4190.405(d)(1) of this Part) in order to be qualified to supervise Phase I initial reconnaissance survey and identification-level archeological field investigations, which are projects involving pedestrian survey and minimal subsurface testing such as shovel-testing and coring to provide preliminary data concerning the location, size, density, and periods of occupation of sites.

2. either a Level II prehistoric or Level II historic archeologist depending on the type of site occupation in order to be qualified to supervise Phase II test excavation projects, which are limited scale excavation archeological field investigations involving subsurface testing to evaluate the physical context, age, function, integrity and significance of archeological resources.

3. either a Level III prehistoric or Level III historic archeologist depending on the type of site occupation in order to be qualified to supervise Phase III excavation projects, which are total mitigation data recovery or large-scale complete excavation field projects designed to recover and interpret maximum archeological information from a site area.

c) Persons responsible for and in charge of underwater archaeological field activities must meet the requirements to be certified as a professional underwater archaeologist.

d) Persons responsible for and in charge of State agencies' archaeological compliance and research programs must meet the same qualifications as an Agency Archeologist as defined in Section 4190.102 of this Part.

e) Persons responsible for and in charge of paleontological investigations conducted under the Act or this Part must meet the requirements of Section 4190.407 of this Part.

17 Ill. Adm. Code 4190.403 Application Procedures

An individual wishing to apply for certification as a professional archaeologist or paleontologist under this Part shall submit a letter of request indicating the level of certification requested along with appropriate documentation to the Chief Archaeologist, Illinois Department of Natural Resources, Preservation Services Division, One Natural Resources Way Springfield IL 62702. Documentation shall be of sufficient detail to demonstrate the applicant fulfills the requirements or the requested certification level and shall include a copy of a certified university transcript indicating the applicant's fulfillment of the requirements of the appropriate degree. All applicants for archaeological certification shall submit with their application documentation a signed statement indicating that they shall:

a) Abide by the Illinois Professional Archaeologists "Code of Ethics" and "Standards of Research Performance" as presented in Subpart E of this Part.

b) Actively participate in the recording of archaeological resources by submitting new and updated site information regarding their own or their organization's work to the Illinois Inventory of Archaeological and Paleontological Sites and the Illinois Inventory of Burial Sites in a timely manner that at a minimum shall be on a biannual basis.

c) Assist in the protection of archaeological resources by providing information to the Department on any potentially illegal project or activity on public lands that may endanger such resources.

d) Not enter into any contractual or other agreement that prevents them from providing information on archaeological or paleontological resources to the Department.

e) Provide as part of their application documentation a full disclosure of all overdue archaeological reports, associated site forms, and uncurated collections and documentation within the State of Illinois for which the individual has a contractual or legal responsibility to complete and submit. This information shall include the contracting agency/party, project history, report and curation status, and projected plans for completion, including the concurrence of the party for whom the project was done.

17 Ill. Adm. Code 4190.404 Requirements for Supervisory Archaeological Field Technician Certification

A State certified professional supervisory archaeological field technician must, at a minimum:

a) have been awarded a bachelor's degree, from an accredited college or university, in archaeology, anthropology, or another germane discipline, including, but not limited to, history, classics or geoarcheology, and:

1. have 16 weeks of supervised field training in time blocks of at least 4 weeks duration. At least half of this experience must be in field investigation excavation (Phase II or Phase III), and

2. have 8 weeks of supervised laboratory analysis or curation experience, which may be accumulated on a part-time basis; or

b) have an unrelated bachelor's degree from an accredited college or university and 12 months of professional archaeological field experience in the Mid-continental Region under the supervision of someone meeting the qualifications of Section 4190.405. At least 4 months of this experience must be in field investigation excavation (Phase II or Phase III).

17 Ill. Adm. Code 4190.405 Requirements for Supervisory Professional Prehistoric or Historic Field Archaeologist Certification

In addition to meeting the requirements of Section 4190.404, a State certified supervisory professional prehistoric or historic field archaeologist must meet all of the following:

a) have fulfilled the requirements of either subsection (a)(1) or (a)(2) below:

1. a graduate degree, from an accredited college or university, in archaeology, anthropology, or another germane discipline, including, but not limited to, history, classics or geoarcheology; or

2. fulfilled the requirements of Section 4190.404 as well as having successfully completed an additional 36 months of professional field investigation experience under the direction of persons that the Agency has determined meet the qualifications of Section 4190.405 of this Part, including at least 18 months of field supervisory experience, by December 31, 1999. The individual's 36 months of experience must be within historic archaeology to be certified as a Historic Field Archaeologist or within Mid-continental Region prehistoric archaeology to be certified as a Prehistoric Field Archaeologist.

b) have designed and executed an archaeological study either in prehistoric or historic archaeology as evidenced by an M.A. or M.S. thesis, Ph.D. dissertation, or a report equivalent in scope and quality. It is recognized that in some cases an individual may have prepared several small reports that, cumulatively, are comparable to an M.A. or M.S. thesis. If the applicant's name does not appear on a document she/he authored, a letter verifying the actual authorship must be solicited and submitted from the person, firm, or agency which issued the report. In any case, the reports must indicate substantive analysis based on an explicitly theoretical orientation. A long but purely descriptive report is not considered equivalent.

c) have access to facilities and services or be associated with an organization that provides, as appropriate to the scope of the project, the necessary:

1. office space and furniture;

2. laboratory space, furniture, and equipment for analysis of specimens and data;

3. special facilities such as darkroom, drafting facilities, conservation laboratory, etc.;

4. permanent allocation of space, facilities, and equipment for proper maintenance of collections and records located within the State of Illinois;

5. field equipment such as vehicles, surveying instruments, etc.;

6. research library;

7. administrative and fiscal control services;

8. security system;

9. technical specialists such as photographers, curators, conservators, etc.; and

10. report production services.

Individuals or organizations lacking certain facilities or services may satisfy the requirements through cooperative agreements with other organizations. The archaeologist must furnish a letter detailing access to facilities meeting the above conditions, or if associated with an organization, a letter from an authorized organizational official detailing the applicant's association and indicating the organization's commitment to providing the above conditions.

d) additionally fulfill the requirements of at least one of the following levels:

1. Level I – Phase I Survey Supervision.

A) Mid-continental Region archaeological survey experience including 24 weeks of field experience at a supervisory level;

B) the completion of Phase I archeological reports meeting the Secretary of Interior's "Standards and Guidelines for Archeological Documentation" (48 FR 44734 (1983)) and that have been accepted by the Department; and

C) demonstrated experience in Phase I project administration, implementation of cultural resource law/regulations, fiscal management, and successful project and report completion.

2. Level II – Phase II Testing Excavation Supervision.

A) Mid-continental Region historic or prehistoric archaeological excavation experience including 24 weeks of field experience at a supervisory level;

B) the completion of Phase II test excavation archeological reports meeting the Secretary of Interior's "Standards and Guidelines for Archeological Documentation" (48 FR 44734 (1983)) and that have been accepted by the Department; and

C) demonstrated experience in Phase II project administration, implementation of cultural resource law/regulations, fiscal management, and successful project and report completion.

3. Level III – Phase III Mitigation Excavation Supervision. Meet Level I or Level II requirements, plus:

A) an additional 24 weeks of supervisory-level excavation experience;

B) the completion of Phase III excavation archaeological reports meeting the Secretary of Interior's "Standards and Guidelines for Archeological Documentation" (48 FR 44734 (1983)) and that have been accepted by the Department; and

C) demonstrated experience in Phase III project administration, implementation of cultural resource law/regulations, fiscal management, and successful project and report completion.

17 Ill. Adm. Code 4190.406 Requirements for Certified Professional Underwater Archaeologist

At a minimum, a State certified professional underwater archaeologist must:

a) Fulfill the requirements for a certified supervisory archaeological field technician.

b) Have one year of relevant North American freshwater lake and river underwater field and related laboratory experience including at least two weeks of underwater survey techniques, 24 weeks of supervised underwater fieldwork, 20 weeks of supervisory underwater archaeological fieldwork, 8 weeks supervised training in the application of stabilization and conservation methods as they pertain to waterlogged materials, and the design and execution of an underwater archaeological study.

c) Have one year of experience in the operation of remote sensing devices in an underwater environment for the purposes of discovery and evaluation of archaeological resources. Six months of this time must be supervised by a specialist in the use of underwater remote sensing devices.

d) Provide documentation demonstrating diving competency (including current certification by a recognized national diving organization).

e) Demonstrate, through fieldwork and reports, knowledge of both archaeological and archival data pertaining to historic watercraft and shipping on North American lakes and rivers.

17 Ill. Adm. Code 4190.407 Requirements for a Certified Professional Paleontologist

At a minimum, a State certified professional paleontologist must be a licensed professional geologist under the auspices of the Professional Geologist Licensing Act [225 ILCS 745] that has a specialization in paleontology or all of the following:

a) have been awarded a graduate degree, from an accredited organization, in paleontology or another germane discipline, including, but not limited to, geology, biology or zoology, with a specialization in paleontology.

b) have designed and executed a paleontological study as evidenced by an M.A. or M.S. thesis, Ph.D. dissertation, or a report equivalent in scope and quality. It is recognized that in some cases an individual may have prepared several small reports that, cumulatively, are comparable to an M.A. or M.S. thesis. If the applicant's name does not appear on a document that a person authored, a letter verifying the actual authorship must be solicited and submitted from the person, firm, or agency that issued the report. In any case the reports must indicate that the person has the ability to conduct the field work with appropriate methods and complete the report as outlined in this Section.

c) have access to facilities and services or be associated with an organization that provides, as appropriate to the scope of the project, the necessary:

1. office space and furniture;

2. laboratory space, furniture, and equipment for analysis of specimens and data;

3. special facilities such as darkroom, drafting facilities, conservation laboratory, etc.;

4. permanent allocation of space, facilities, and equipment for proper maintenance of collections and records located within the State of Illinois;

5. field equipment such as vehicles, surveying instruments, etc.;

6. research library;

7. administrative and fiscal control services;

8. security system;

9. technical specialists such as photographers, curators, conservators, etc.; and

10. report production services.

Individuals or organizations lacking certain facilities or services may satisfy these requirements through cooperative agreements with other organizations. The paleontologist must furnish a letter detailing access to facilities meeting the requirements of this subsection (c), or if associated with an organization, a letter from an authorized organizational official detailing the applicant's association and indicating the organization's commitment to meeting the requirements of this subsection (c).

17 Ill. Adm. Code 4190.408 Certification Approval

Upon receipt of an application for certification as a professional archaeologist, the Department Archaeologist shall review the information provided and within 30 days after the application receipt make a written recommendation to the Director regarding the approval or denial of the application. Upon receipt of an application for certification as a professional paleontologist, the Department Archaeologist shall forward the application to a certified paleontologist in the Department for review. If the Department does not employ a certified paleontologist, then the Department shall request the assistance of a State agency that does employ a certified paleontologist. Within 30 days after the application receipt the Department Archeologist shall make a written recommendation to the Director regarding the approval or denial of the application. Applicants for certification as professional archaeologists or paleontologists shall be approved at the appropriate level if the Director finds the applicant has provided sufficient documentation and meets the qualifications for certification.

17 Ill. Adm. Code 4190.409 Denial of Certification

Applicants for certification as professional archaeologists or paleontologists shall be denied if the Director, upon the written recommendation of the Department Archaeologist, finds that the applicant has provided insufficient documentation, has willfully misrepresented facts, or does not meet the minimum standards for certification.

17 Ill. Adm. Code 4190.410 Suspension or Revocation of Certification

To ensure that the highest professional standards are followed, the Department shall maintain a record on the professional activities of all certified archeologists and paleontologists. This record shall include copies of current resumes, all correspondence related to an individual's professional competence, ethical activities, and other matters relevant to this Part. Certification shall be suspended or revoked if the Director finds that a certified professional archaeologist or paleontologist:

a) has willfully misrepresented facts in the application documentation.

b) has not satisfactorily complied with conditions of permits issued under the Act or under the Human Skeletal Remains Protection Act.

c) has not satisfactorily complied with conditions of archaeological scopes-of-work or data recovery plans reviewed and approved by the Agency pursuant to the Illinois State Agency Historic Resources Preservation Act or the National Historic Preservation Act.

d) has not satisfactorily participated in reporting sites to the Illinois Inventory of Archaeological and Paleontological Sites or the Illinois Inventory of Burial Sites.

e) has demonstrated a consistent pattern of incompetence in the performance of field investigations, analysis and/or the completion of required reports indicating the inability to perform the responsibilities of a certified professional. A documented history of incompetence must be demonstrated by the Agency prior to taking action to suspend or revoke any level of certification.

f) has demonstrated a consistent pattern of not complying with the stipulations in Subpart E of this Part. A documented history of noncompliance must be demonstrated by the Agency prior to taking action to suspend or revoke any level of certification.

g) has willfully engaged in actions that are harmful to protected archaeological or paleontological resources.

h) has not maintained a fieldwork environment that is safe to crew, land-management staff, and the public.

17 Ill. Adm. Code 4190.501 Hearings and Appeals

Hearings and appeals shall be conducted in accordance with standard Department rules.

17 Ill. Adm. Code 4190.601 Purpose

The archaeological resources of Illinois are an important and irreplaceable part of the State's heritage and identity. The State has a responsibility to ensure that only those individuals with appropriate regional training and expertise and the highest professional standards be engaged in the recovery, investigation, and analysis of such resources. Archaeology is a profession, and the privilege of professional practice in Illinois requires professional ethics and professional responsibility, as well as professional competence, on the part of each practitioner.

17 Ill. Adm. Code 4190.602 Code of Ethics

a) Individuals certified under this Part as Illinois Professional Archaeologists shall:

1. Recognize that the archaeological resource base and the knowledge gained from it belongs to, and is held in trust for, all peoples;

2. Recognize a commitment to represent archaeology and its research results to the public in a responsible manner;

3. Actively support conservation of the archaeological resource base;

4. Be sensitive to, and respect the legitimate concerns of, groups whose culture histories are the subject of archaeological investigations;

5. Avoid and discourage exaggerated, misleading, or unwarranted statements about archaeological matters that might induce others to engage in unethical or illegal activities;

6. Support and comply with the terms of the UNESCO Convention on the means of prohibiting and preventing the illicit import, export, and transfer of ownership of cultural property, as adopted by the General Conference, 14 November 1970, Paris;

7. Give appropriate credit for work done by others;

8. Stay informed and knowledgeable about developments in one's field of specialization;

9. Accurately, and without undue delay, prepare and properly disseminate a description of research done and its results;

10. Communicate and cooperate with colleagues having common professional interests;

11. Know and comply with all federal, State, and local laws, ordinances, and regulations applicable to his or her archaeological research and activities within the State of Illinois;

12. Report knowledge of all violations of this Part to the proper authorities;

13. Refuse to comply with any request or demand of an employer or client that conflicts with this Part.

b) Individuals certified under this Part as Illinois Professional Archaeologists shall not:

1. Engage in any illegal or unethical conduct involving archaeological matters or knowingly permit the use of their names in support of any illegal or unethical activities involving archaeological matters;

2. Give a professional opinion, make a public report, or give legal testimony involving archaeological matters without being appropriately informed concerning the topic;

3. Engage in conduct involving dishonesty, fraud, deceit or misrepresentation about archaeological matters;

4. Undertake any research that affects the archaeological resource base for which they are not qualified;

5. Falsely or maliciously attempt to injure the reputation of another archaeologist;

6. Commit plagiarism in oral or written communication;

7. Refuse a reasonable request from a qualified colleague for research data;

8. Participate in any actions that are in violation of this Part.

17 Ill. Adm. Code 4190.603 Standards of Research Performance

A certified Illinois professional archaeologist has the responsibility to design and conduct projects that will add to the understanding of past cultures and/or that will develop better theories, methods, or techniques for interpreting the archaeological record, while causing minimal attrition of the archaeological resource base. In the conduct of that research the following minimal standards shall be followed:

a) The archaeologist has a responsibility to prepare adequately for any project in which he or she is involved. Archaeologists must:

1. Assess the adequacy of their qualifications for the demands of the project and minimize inadequacies by acquiring additional expertise, by bringing in associates with needed qualifications, or by modifying the scope of the project;

2. Inform themselves of relevant previous research, records, and documents;

3. Develop a scientific plan of research that specifies the objectives of the project, takes into account previous relevant research, employs a suitable methodology, and provides for economical use of the resource base consistent with the objectives of the project;

4. Ensure the availability of adequate and competent staff and support facilities to carry the project to completion and of adequate curatorial facilities for specimens and records;

5. Comply with all legal requirements, including, without limitation, obtaining all necessary governmental permits and necessary permission from landowners and other persons as required by law.

b) In conducting projects, the archaeologist must follow the scientific plan of research, except to the extent that unforeseen circumstances warrant its modification.

c) Procedures for field survey or excavation must meet the following minimum standards:

1. Maintain a system for identifying and recording the provenience for all collected specimens.

2. Uncollected entities such as environmental or cultural features, depositional strata, and the like, must be fully and accurately recorded by appropriate means, and their location recorded.

3. The methods employed in data collection must be fully and accurately described. Significant stratigraphic and/or associational relationships among artifacts, other specimens, and cultural and environmental features must also be fully and accurately recorded.

4. All records should be intelligible to other archaeologists. If terms lacking commonly held referents are used they should be clearly defined.

5. Insofar as possible, the interests of other researchers should be considered.

d) During accessioning, analysis, and storage of specimens and records in the laboratory the archaeologist must take precautions to ensure that correlations between specimens and field records are maintained so the provenience, contextual relationships and the like are not confused or obscured.

e) Specimens and research records resulting from a project must be deposited at an institution with permanent curatorial facilities. All specimens and research records collected from projects conducted on public lands under the Act or this Part shall be deposited in the Illinois State Museum.

f) The archaeologist has responsibility for dissemination of the results of research to the interested public and professional parties. Results reviewed as contributions to substantive knowledge of the past or to advancements in theory, method or technique shall be disseminated by appropriate means such as a full descriptive report or comparable publications to ensure that the basic data is available to interested parties.