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Illinois
Nature
Preserves
Commission
Defense Programs
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What
are the Defense Programs? |
![[Image] Natural area photo](/INPC/images/defense_m.jpg) Once
an area is protected under one of the Commission's protection
programs, the Illinois Nature Preserves Commission has the duty
to ensure that the area is not threatened or damaged. Most often, threats
to protected areas come indirectly from projects on nearby land. Like
the photo, development projects often threaten to change existing environmental
conditions. Examples of common threat issues include: new subdivisions,
road projects, pipeline installations, and mining. Very rarely, threats
are found within a protected area itself.
The Illinois
Nature Preserves Commission works with units of local government, developers,
and State and federal agencies to ensure that protected areas are afforded
the highest level of protection available under Illinois law. Often, this
means that development plans and road projects are engineered to avoid
or minimize potential negative impacts to any nearby protected areas.
Sometimes, it is simply a matter of restricting the timing of a construction
activity to avoid disturbing the nesting success of threatened and endangered
birds.
Duties
Under the Illinois Natural Areas Preservation Act:
The Illinois
Natural Areas Preservation Act provides that "areas dedicated
as nature preserves are hereby declared to be put to their highest, best,
and most important use for the public benefit...They may not be taken under
power of eminent domain or by other means for any other use except another
public use and except upon approval of the Commission, the Governor, and
any public owner of a dedicated interest therein after a finding by the
Commission of the existence of an imperative and unavoidable public necessity
for such other public use." The imperative and unavoidable public necessity
for another public use standard has never been met before.
The
Act provides for three types of relief if a protected area is threatened
or damaged:
- The
Illinois Attorney General or the local State's attorney can sue
to have the threat stopped or to force somebody to do something
that would prevent a threat from happening.
- The
Act provides for criminal penalties. Any person who violates the
Act is guilty of a Class A misdemeanor. When the violation is a
continuing offense, each day is considered a separate violation.
- The
Act provides for civil fines up to $10,000 for each violation of
the Act.
Conservation
Police Officers, sheriffs and other police officers have the authority
to enforce the Act and rules established under the Act. Section 17
of the Act requires each agency of the State and local government
to consult with the Illinois Department of Natural Resources before
authorizing, funding, or carrying out projects to determine if the
project is likely to result in the destruction or adverse modification
of any natural area that is registered under the Act or identified
as a high quality natural area.
Related
Administrative Rules
1. Title
17 Ill. Admin. Code Part 4015 entitled: Regulation of Public Use
of Illinois Dedicated Nature Preserves.
2. Title
17 Ill. Admin. Code Part 4000 entitled: Rules for Management of
Illinois Nature Preserves.
3. Title
17 Ill. Admin. Code Part 4005 entitled: Public Meeting on Proposed
Action - Nature Preserves Commission.
4. Title
17 Ill. Admin. Code Part 4010 entitled: Register of Land and Water
Reserves.
5. Title
17 Ill. Admin. Code Part 1075 entitled: Consultation Procedures
for Assessing Impacts of Agency Actions on Endangered and Threatened Species
and Natural Areas.
| Defense
Program Staff |
| Name |
Title |
E-mail
Address |
| Randy Heidorn |
Acting Director |
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| Jenny Skufca |
Natural Areas Defense Specialist |
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