Current through Register Vol. 48, No. 38, September 20, 2024
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.
