Section 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.
(Source: Amended at 12 Ill. Reg. 5296, effective March 8, 1988)
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TITLE 17: CONSERVATION
CHAPTER I: DEPARTMENT OF NATURAL RESOURCES
SUBCHAPTER d: FORESTRY
PART 1540
DISTRIBUTION AND SALE OF PLANT AND PLANT MATERIALS
SECTION 1540.20 ESTABLISHMENT OF COST
Section 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.
(Source: Amended at 12 Ill. Reg. 5296, effective March 8, 1988)
| TITLE 17: CONSERVATION
CHAPTER I: DEPARTMENT OF NATURAL RESOURCES
SUBCHAPTER d: FORESTRY
PART 1540
DISTRIBUTION AND SALE OF PLANT AND PLANT MATERIALS
SECTION 1540.30 PLANT AND PLANT MATERIAL USAGE
Section 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).
(Source: Amended at 12 Ill. Reg. 5296, effective March 8, 1988)
| TITLE 17: CONSERVATION
CHAPTER I: DEPARTMENT OF NATURAL RESOURCES
SUBCHAPTER d: FORESTRY
PART 1540
DISTRIBUTION AND SALE OF PLANT AND PLANT MATERIALS
SECTION 1540.40 FREE PLANT AND PLANT MATERIALS TO LANDOWNERS
Section 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.
(Source: Amended at 12 Ill. Reg. 5296, effective March 8, 1988)
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