TITLE 17: CONSERVATION
CHAPTER V: NATURE PRESERVES COMMISSION
PART 4000
MANAGEMENT OF NATURE PRESERVES
SECTION 4000.110 DEFINITIONS
Section 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.
 | TITLE 17: CONSERVATION
CHAPTER V: NATURE PRESERVES COMMISSION
PART 4000
MANAGEMENT OF NATURE PRESERVES
SECTION 4000.120 APPLICABILITY OF RULES
Section 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.
(Source: Amended at 18 Ill. Reg. 2290, effective January 31, 1994)
| TITLE 17: CONSERVATION
CHAPTER V: NATURE PRESERVES COMMISSION
PART 4000
MANAGEMENT OF NATURE PRESERVES
SECTION 4000.130 ADMINISTRATION AND CUSTODY
Section 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.
(Source: Section repealed, new Section added at 18 Ill. Reg. 2290,
effective January 31, 1994)
| TITLE 17: CONSERVATION
CHAPTER V: NATURE PRESERVES COMMISSION
PART 4000
MANAGEMENT OF NATURE PRESERVES
SECTION 4000.140 MANAGEMENT GUIDELINES (REPEALED)
Section 4000.140 Management
Guidelines (Repealed)
(Source: Repealed at 18 Ill. Reg. 2290, effective January 31, 1994)
| TITLE 17: CONSERVATION
CHAPTER V: NATURE PRESERVES COMMISSION
PART 4000
MANAGEMENT OF NATURE PRESERVES
SECTION 4000.150 MASTER PLANS
Section 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.
(Source: Section repealed, new Section added at 18 Ill. Reg. 2290,
effective January 31, 1994)
| TITLE 17: CONSERVATION
CHAPTER V: NATURE PRESERVES COMMISSION
PART 4000
MANAGEMENT OF NATURE PRESERVES
SECTION 4000.160 APPROVAL OF SPECIFIC MANAGEMENT ACTIVITIES
Section 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.
(Source: Section repealed, new Section added at 18 Ill. Reg. 2290,
effective January 31, 1994)
| TITLE 17: CONSERVATION
CHAPTER V: NATURE PRESERVES COMMISSION
PART 4000
MANAGEMENT OF NATURE PRESERVES
SECTION 4000.165 REPORTS
Section 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.
(Source: Added at 18 Ill. Reg. 2290, effective January 31, 1994)
| TITLE 17: CONSERVATION
CHAPTER V: NATURE PRESERVES COMMISSION
PART 4000
MANAGEMENT OF NATURE PRESERVES
SECTION 4000.170 INTRUSIONS
Section 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.
(Source: Amended at 18 Ill. Reg. 2290, effective January 31, 1994)
| TITLE 17: CONSERVATION
CHAPTER V: NATURE PRESERVES COMMISSION
PART 4000
MANAGEMENT OF NATURE PRESERVES
SECTION 4000.180 EMERGENCY SITUATIONS
Section 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.
SUBPART B: STRUCTURES AND FACILITIES
| TITLE 17: CONSERVATION
CHAPTER V: NATURE PRESERVES COMMISSION
PART 4000
MANAGEMENT OF NATURE PRESERVES
SECTION 4000.210 BOUNDARY MARKERS AND SIGNS
Section 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.
(Source: Amended at 18 Ill. Reg. 2290, effective January 31, 1994)
| TITLE 17: CONSERVATION
CHAPTER V: NATURE PRESERVES COMMISSION
PART 4000
MANAGEMENT OF NATURE PRESERVES
SECTION 4000.220 BOUNDARY FENCES
Section 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.
(Source: Amended at 18 Ill. Reg. 2290, effective January 31, 1994)
| TITLE 17: CONSERVATION
CHAPTER V: NATURE PRESERVES COMMISSION
PART 4000
MANAGEMENT OF NATURE PRESERVES
SECTION 4000.230 LOCATION MARKERS (REPEALED)
Section 4000.230 Location
Markers (Repealed)
(Source: Repealed at 18 Ill. Reg. 2290, effective January 31, 1994)
| TITLE 17: CONSERVATION
CHAPTER V: NATURE PRESERVES COMMISSION
PART 4000
MANAGEMENT OF NATURE PRESERVES
SECTION 4000.240 ACCESS LANES
Section 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.
(Source: Amended at 18 Ill. Reg. 2290, effective January 31, 1994)
| TITLE 17: CONSERVATION
CHAPTER V: NATURE PRESERVES COMMISSION
PART 4000
MANAGEMENT OF NATURE PRESERVES
SECTION 4000.250 FIREBREAKS
Section 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.
(Source: Amended at 18 Ill. Reg. 2290, effective January 31, 1994)
| TITLE 17: CONSERVATION
CHAPTER V: NATURE PRESERVES COMMISSION
PART 4000
MANAGEMENT OF NATURE PRESERVES
SECTION 4000.260 TRAILS
Section 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.
(Source: Amended at 18 Ill. Reg. 2290, effective January 31, 1994)
| TITLE 17: CONSERVATION
CHAPTER V: NATURE PRESERVES COMMISSION
PART 4000
MANAGEMENT OF NATURE PRESERVES
SECTION 4000.270 OTHER STRUCTURES AND IMPROVEMENTS
Section 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.
(Source: Amended at 18 Ill. Reg. 2290, effective January 31, 1994)
| TITLE 17: CONSERVATION
CHAPTER V: NATURE PRESERVES COMMISSION
PART 4000
MANAGEMENT OF NATURE PRESERVES
SECTION 4000.280 BUFFER AREAS
Section 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.
(Source: Added at 18 Ill. Reg. 2290, effective January 31, 1994)
SUBPART C: MANAGEMENT OF ADJACENT LAND (Repealed)
| TITLE 17: CONSERVATION
CHAPTER V: NATURE PRESERVES COMMISSION
PART 4000
MANAGEMENT OF NATURE PRESERVES
SECTION 4000.310 BUFFER AREAS (REPEALED)
Section 4000.310 Buffer
Areas (Repealed)
(Source: Repealed at 18 Ill. Reg. 2290, effective January 31, 1994)
| TITLE 17: CONSERVATION
CHAPTER V: NATURE PRESERVES COMMISSION
PART 4000
MANAGEMENT OF NATURE PRESERVES
SECTION 4000.320 SERVICE AREAS (REPEALED)
Section 4000.320 Service
Areas (Repealed)
(Source: Repealed at 18 Ill. Reg. 2290, effective January 31, 1994)
SUBPART D: MANAGEMENT OF VISITORS AND USE
| TITLE 17: CONSERVATION
CHAPTER V: NATURE PRESERVES COMMISSION
PART 4000
MANAGEMENT OF NATURE PRESERVES
SECTION 4000.410 SCENIC AND LANDSCAPE MANAGEMENT (REPEALED)
Section 4000.410 Scenic and
Landscape Management (Repealed)
(Source: Repealed at 18 Ill. Reg. 2290, effective January 31, 1994)
| TITLE 17: CONSERVATION
CHAPTER V: NATURE PRESERVES COMMISSION
PART 4000
MANAGEMENT OF NATURE PRESERVES
SECTION 4000.415 REMOVAL OR INTRODUCTION OF OBJECTS
Section 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.
(Source: Added at 18 Ill. Reg. 2290, effective January 31, 1994)
| TITLE 17: CONSERVATION
CHAPTER V: NATURE PRESERVES COMMISSION
PART 4000
MANAGEMENT OF NATURE PRESERVES
SECTION 4000.420 ELIMINATION OF SAFETY HAZARDS (REPEALED)
Section 4000.420 Elimination
of Safety Hazards (Repealed)
(Source: Repealed at 18 Ill. Reg. 2290, effective January 31, 1994)
| TITLE 17: CONSERVATION
CHAPTER V: NATURE PRESERVES COMMISSION
PART 4000
MANAGEMENT OF NATURE PRESERVES
SECTION 4000.425 MANAGEMENT OF VEGETATION AND WILDLIFE
Section 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.
(Source: Added at 18 Ill. Reg. 2290, effective January 31, 1994)
| TITLE 17: CONSERVATION
CHAPTER V: NATURE PRESERVES COMMISSION
PART 4000
MANAGEMENT OF NATURE PRESERVES
SECTION 4000.430 REMOVAL OR INTRODUCTION OF OBJECTS (REPEALED)
Section 4000.430 Removal or
Introduction of Objects (Repealed)
(Source: Repealed at 18 Ill. Reg. 2290, effective January 31, 1994)
| TITLE 17: CONSERVATION
CHAPTER V: NATURE PRESERVES COMMISSION
PART 4000
MANAGEMENT OF NATURE PRESERVES
SECTION 4000.435 FIRE CONTROL
Section 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.
(Source: Added at 18 Ill. Reg. 2290, effective January 31, 1994)
| TITLE 17: CONSERVATION
CHAPTER V: NATURE PRESERVES COMMISSION
PART 4000
MANAGEMENT OF NATURE PRESERVES
SECTION 4000.440 WATER LEVEL CONTROL
Section 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.
(Source: Amended at 18 Ill. Reg. 2290, effective January 31, 1994)
| TITLE 17: CONSERVATION
CHAPTER V: NATURE PRESERVES COMMISSION
PART 4000
MANAGEMENT OF NATURE PRESERVES
SECTION 4000.450 FIRE CONTROL (REPEALED)
Section 4000.450 Fire
Control (Repealed)
(Source: Repealed at 18 Ill. Reg. 2290, effective January 31, 1994)
| TITLE 17: CONSERVATION
CHAPTER V: NATURE PRESERVES COMMISSION
PART 4000
MANAGEMENT OF NATURE PRESERVES
SECTION 4000.460 EROSION CONTROL
Section 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.
(Source: Amended at 18 Ill. Reg. 2290, effective January 31, 1994)
| TITLE 17: CONSERVATION
CHAPTER V: NATURE PRESERVES COMMISSION
PART 4000
MANAGEMENT OF NATURE PRESERVES
SECTION 4000.465 SCENIC AND LANDSCAPE MANAGEMENT
Section 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.
(Source: Added at 18 Ill. Reg. 2290, effective January 31, 1994)
| TITLE 17: CONSERVATION
CHAPTER V: NATURE PRESERVES COMMISSION
PART 4000
MANAGEMENT OF NATURE PRESERVES
SECTION 4000.470 MANAGEMENT OF VEGETATION AND WILDLIFE (REPEALED)
Section 4000.470 Management
of Vegetation and Wildlife (Repealed)
(Source: Repealed at 18 Ill. Reg. 2290, effective January 31, 1994)
| TITLE 17: CONSERVATION
CHAPTER V: NATURE PRESERVES COMMISSION
PART 4000
MANAGEMENT OF NATURE PRESERVES
SECTION 4000.475 ELIMINATION OF SAFETY HAZARDS
Section 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.
(Source: Added at 18 Ill. Reg. 2290, effective January 31, 1994)
| TITLE 17: CONSERVATION
CHAPTER V: NATURE PRESERVES COMMISSION
PART 4000
MANAGEMENT OF NATURE PRESERVES
SECTION 4000.510 USE TOLERANCE (REPEALED)
Section 4000.510 Use
Tolerance (Repealed)
(Source: Repealed at 18 Ill. Reg. 2290, effective January 31, 1994)
| TITLE 17: CONSERVATION
CHAPTER V: NATURE PRESERVES COMMISSION
PART 4000
MANAGEMENT OF NATURE PRESERVES
SECTION 4000.520 DURABILITY CLASSES AND ALLOWABLE USE ZONES (REPEALED)
Section 4000.520 Durability
Classes and Allowable Use Zones (Repealed)
(Source: Repealed at 18 Ill. Reg. 2290, effective January 31, 1994)
| TITLE 17: CONSERVATION
CHAPTER V: NATURE PRESERVES COMMISSION
PART 4000
MANAGEMENT OF NATURE PRESERVES
SECTION 4000.530 CLASSES OF VISITORS (REPEALED)
Section 4000.530 Classes of
Visitors (Repealed)
(Source: Repealed at 18 Ill. Reg. 2290, effective January 31, 1994)
| TITLE 17: CONSERVATION
CHAPTER V: NATURE PRESERVES COMMISSION
PART 4000
MANAGEMENT OF NATURE PRESERVES
SECTION 4000.540 VISITATION
Section 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.
(Source: Amended at 18 Ill. Reg. 2290, effective January 31, 1994)
| TITLE 17: CONSERVATION
CHAPTER V: NATURE PRESERVES COMMISSION
PART 4000
MANAGEMENT OF NATURE PRESERVES
SECTION 4000.550 ACCESS CONTROL
Section 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.
(Source: Amended at 18 Ill. Reg. 2290, effective January 31, 1994)
| TITLE 17: CONSERVATION
CHAPTER V: NATURE PRESERVES COMMISSION
PART 4000
MANAGEMENT OF NATURE PRESERVES
SECTION 4000.560 ORIENTATION AND GUIDANCE OF VISITORS
Section 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.
(Source: Amended at 18 Ill. Reg. 2290, effective January 31, 1994)
| TITLE 17: CONSERVATION
CHAPTER V: NATURE PRESERVES COMMISSION
PART 4000
MANAGEMENT OF NATURE PRESERVES
SECTION 4000.570 PERMITS FOR RESEARCH OR EDUCATIONAL ACTIVITIES
Section 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.
(Source: Amended at 18 Ill. Reg. 2290, effective January 31, 1994)
| TITLE 17: CONSERVATION
CHAPTER V: NATURE PRESERVES COMMISSION
PART 4000
MANAGEMENT OF NATURE PRESERVES
SECTION 4000.580 COLLECTING ON NATURE PRESERVES
Section 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.
(Source: Amended at 18 Ill. Reg. 2290, effective January 31, 1994)
SUBPART E: PLANS AND RECORDS
| TITLE 17: CONSERVATION
CHAPTER V: NATURE PRESERVES COMMISSION
PART 4000
MANAGEMENT OF NATURE PRESERVES
SECTION 4000.610 MASTER PLANS (REPEALED)
Section 4000.610 Master
Plans (Repealed)
(Source: Repealed at 18 Ill. Reg. 2290, effective January 31, 1994)
| TITLE 17: CONSERVATION
CHAPTER V: NATURE PRESERVES COMMISSION
PART 4000
MANAGEMENT OF NATURE PRESERVES
SECTION 4000.620 RECORDS
Section 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.
(Source: Amended at 18 Ill. Reg. 2290, effective January 31, 1994)
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