Section 700.APPENDIX B   Illinois Bureau of the Budget's Agricultural Land Preservation Policy Statement and Cooperative Working Agreement

 

I.  FARMLAND PRESERVATION POLICY

 

The Illinois State Clearinghouse (Office of the Governor) is responsible for coordinating the gubernatorial review and analysis of grant applications and ensuring that they are consistent with existing state policies.  The Bureau of the Budget (BOB) is responsible for the gubernatorial review and analysis of state capital plans and grant applications.  In view of these major functions, the BOB/Office of the Governor shall implement the following activities pursuant to the Farmland Preservation Act (Ill. Rev. Stat. 1985, ch. 5, par. 1301 et seq.).

 

1.         The review of state capital plans.

State capital plans will be reviewed to determine their degree of compliance with farmland preservation policies (8 Ill. Adm. Code 700).  The desired outcome of this effort will be improved state agency plans reflecting a concern for preservation of agricultural land in Illinois.

 

2.         Assist the Department of Agriculture (DOA) in the review of federal grant applications which identify state and federal projects that will impact agricultural land.  The Office of the Governor and the DOA will also strive to identify and resolve potential conflicts between proposed state agency projects and state farmland preservation goals.

 

3.         Coordinate the review of State agency projects, applications for Federal assistance, contracts, plans and agreements utilizing the revised Executive Order 12372 (Intergovernmental Review of Federal Programs, 48 FR 3075 (1983)) and Section 5.1 of "AN ACT to create a Bureau of the Budget and to define its powers and duties and to make an appropriation" (Ill. Rev. Stat. 1985, ch. 127, par. 415) (State Review of Federal Programs) processes and mechanisms.

 

The Office of the Governor shall process and monitor all projects and applications covered by Executive Order 12372 and "AN ACT to create a Bureau of the Budget and to define its powers and duties and to make an appropriation" for compliance with Illinois' Farmland Preservation goals.

 

In fulfilling this task, BOB/Office of the Governor shall:

 

*          identify individual state and federal projects displaying a potential impact upon agricultural land.

 

*          provide weekly descriptions (Notices of Intent) to state agencies and to local and regional planning bodies of individual proposals submitted which demonstrate a potential for effecting agricultural lands.

 

*          request that state agency projects, especially those involving capital development, routinely include information which will allow reviewers (state agencies and local planning bodies) to ascertain the proposal's impact upon agricultural lands.

 

II.  CONCLUSION

 

The Bureau of the Budget and Office of the Governor recognize that land is one of Illinois' most valuable natural resources.  The BOB and Office of the Governor will cooperate in the effort of the State of Illinois to minimize the conversion of land, valued for its agricultural products, to non-agricultural uses.

 

(July, 1987; revised)

 

ILLINOIS BUREAU OF THE BUDGET – ILLINOIS DEPARTMENT OF

AGRICULTURE COOPERATIVE WORKING AGREEMENT

 

The Bureau of the Budget/Office of the Governor and the Illinois Department of Agriculture agree to the following:

 

1.         The Governor's Office will provide the DOA with all Applications for Federal Assistance (Standard Form 424) for the DOA's review of project proposals which may have an impact upon agricultural lands.  Accordingly, the following procedures will apply.

 

A.        The Governor's Office will forward the applications to the DOA on a weekly basis.

 

B.        The DOA will review the applications to determine if they qualify for the Study of Agricultural Impacts (8 Ill. Adm. Code 700.Appendix A:  Exhibit B).

 

C.        If the DOA determines that a Study of Agricultural Impacts is necessary, the DOA will notify the Governor's Office immediately in writing that a Study will be conducted.  Subsequently, the Governor's Office will withhold its sign-off until the DOA has completed its Study of Agricultural Impacts or has received written notification from the DOA that an agreement has been reached on minimizing the negative agricultural impacts associated with the project(s).

 

D.        If, within 30 working days of receipt of the application by the DOA, the Governor's Office has not been contacted by the DOA regarding the submitted application, the Governor's Office will assume the DOA has no objections and will proceed with the sign-off of the project(s).

 

2.         Should either agency experience changes in policy or procedures which would alter the manner in which the agreement would be executed, the sister agency shall be informed for the purpose of negotiating a new agreement.

 

3.         This Cooperative Working Agreement and the associated Agricultural Land Preservation Policy Statement shall be the governing document for the Bureau of the Budget/Office of the Governor and shall not be preempted in whole nor in part by any other agency's agreement.

 

(July, 1987; revised)

 

(Source:  Amended at 12 Ill. Reg. 5235, effective March 4, 1988)

Section 700.APPENDIX D   Illinois Department of Conservation

 

Section 700.EXHIBIT A   Agricultural Land Preservation Policy Statement and Cooperative Agreement

 

INTRODUCTION

 

The Department of Conservation (DOC) has stewardship responsibilities for conserving and managing the aquatic, wildlife and forest resources of the state; preserving and protecting nature preserves, endangered species, historic, cultural, and archaeological resources; acquiring, developing and operating state parks and other outdoor recreation facilities; and providing a wide range of outdoor recreation opportunities for Illinois citizens (see 8 Ill. Adm. Code 700.Appendix D:  Exhibit B).  In carrying out these varied responsibilities, the DOC acquires and manages land, develops both site specific plans and statewide comprehensive recreation and natural resource plans, administers grant programs, reviews environmental impacts of proposed projects, and provides technical assistance regarding conservation practices.

 

The DOC is a major land-holding agency, and as such, a potential impact of DOC programs, and operations on agricultural land conversion is through land acquisition.  The types of lands of greatest interest to the DOC for acquisition include areas with unique natural resources, significant fish and wildlife habitat values, scenic qualities and recreation potential.  In general, land currently in agricultural production is not the type of land desired by the DOC; however, lands acquired by the Department may have the potential for agricultural use.  To meet its statutory responsibilities, the DOC must give highest priority to its programs for the protection of the state's natural, cultural and recreational resources. Therefore, the DOC will continue to emphasize conservation of these resources in acquisition, permit review and other programs.

 

In many cases, land acquisition by the DOC has a positive impact on agriculture.  Management practices are carried out to conserve the soil and thus prevent soil erosion.  Committing the land to open space maintains the land's potential for future agricultural use.  The same options would not be available for lands converted to housing developments, industrial complexes or other uses where soils have been severely disturbed or covered with asphalt and concrete.

 

BACKGROUND

 

During the six fiscal years, FY 1981 - FY 1986, the DOC purchased or provided grants for the purchase of 13,893 acres of land. Of this acreage, 20.1% was cropland, 2.1% was pastureland, 41.5% was forestland, and 36.3% was other land (old fields, urbanlands, water bodies, brushlands, and prairie, etc.).

 

In FY 86, the DOC was responsible for approximately 12% of the total estimated 32,212 acres of Illinois farmland which was purchased and converted or otherwise influenced by an action of any of the 9 state capital development agencies that same fiscal year.  It should be noted, however, that not all agricultural land which was purchased by the DOC was actually converted to non-agricultural uses.  Some agricultural land purchased by the DOC continued to be managed for agricultural purposes.

 

As of June 30, 1986, the DOC owned and managed a total of 358,103 acres of land.  In calendar year 1986 the DOC leased out 17,066 acres for farming.  In addition, significant acres were planted in crops by the DOC.  These farmed areas include lands producing food and cover for wildlife, and lands the DOC may develop at some time in the future, but in the interim remain in crop production.

 

AGRICULTURAL LAND PRESERVATION POLICY

 

The Illinois Department of Conservation's Agricultural Land Preservation Policy has been developed in response to the Farmland Preservation Act (Ill. Rev. Stat. 1985, Ch. 5, par. 1301 et seq.).  The Department of Conservation (DOC) recognizes the need to prevent farmland from being unnecessarily converted to non-farm uses.  Accordingly, DOC will fully comply with the Farmland Preservation Act by planning, adopting and implementing a policy to minimize the conversion of agricultural land while at the same time fulfilling its statutory mission.

 

Further, the DOC will cooperate with the Illinois Department of Agriculture (DOA) in protecting Illinois' farmland from unnecessary conversion by participating on the Inter-Agency Committee on Farmland Preservation, and by adhering to the Cooperative Working Agreement with the DOA.  Any conversion of agricultural land by DOC will follow the intent of this Agricultural Land Preservation Policy and the DOA-DOC Cooperative Working Agreement.

 

Following is the DOC's Agricultural Land Preservation Policy as it pertains to various agency functions.

 

LAND ACQUISITION

 

Acquisition of land by DOC has the greatest potential impact on agriculture.  Therefore, it will be the policy of the DOC to minimize acquisition of Class I, II, and III lands and to strongly consider less-than-fee-simple acquisition.  Further, for any DOC acquisition project, the acreage in Class I through VIII soils will be determined, if possible, and this information weighed in the decision-making process.

 

The current DOC acquisition program comprises several components or sub-programs:  

 

1.         Natural Area Acquisition

 

An important part of the DOC land acquisition program is acquisition of natural areas – areas of land and water that closely reflect presettlement conditions.  These areas include forests, prairies, wetlands, endangered species habitats, geologic areas, and other areas with unique natural qualities.  While these lands may have the potential for agricultural use if they were clearcut, drained and plowed, they represent the most unique and least disturbed natural lands in the state and, therefore, should be preserved in their natural condition.  Because only .07 of one percent of Illinois' landscape remains as it was at the time of settlement, the need to protect these few areas becomes most apparent.

 

The DOC's acquisition of natural areas will focus on acquiring those areas identified on the Illinois Natural Areas Inventory (a comprehensive study of the entire state, carried out between 1975 and 1978, locating 1,089 remaining natural areas statewide), or those areas that meet the requirements to be included in the Inventory, e.g., endangered and threatened species habitat, which is seriously threatened, an area with features not already represented in a preserved site, and an area in a region of the state with few preserved natural features.  These priorities for acquisition of natural areas were established as part of the 1980 "Illinois Natural Areas Plan:  To Preserve and Protect Our Heritage."

 

Normally, the acquisition of inventoried natural areas will not include land in agricultural production.  In some cases, however, acquisition of additional land surrounding the natural area will be necessary in order to provide access or maintain buffer to protect the natural area.  In these situations, alternatives to fee simple acquisition, such as conservation leases and easements, will be considered.  In some cases, these alternatives could allow compatible farming practices to continue while at the same time providing protection for the natural area.  Outright purchase will be considered when the conditions for the other options, such as leases and easements, cannot be agreed upon with the owner.

 

2.         Expansion Acquisition

 

A second type of DOC land acquisition effort involves expansion of existing DOC properties.  Acquisition to expand existing facilities will be in accordance with comprehensive site plans or other site planning products for the property, e.g., feasibility and special studies.  Comprehensive site plans provide specific development, management, use and acquisition direction.  An analysis of the agricultural impacts will be integrated into the comprehensive site planning process as an additional criterion.

 

When acquisition of farmland is proposed within a site plan prepared prior to the Governor's Executive Order Number Four, another evaluation of these parcels will be conducted prior to actually purchasing the land, in order to ensure that they remain essential.  In evaluating these parcels, the DOC will investigate the feasibility of less-than-fee-simple acquisition (e.g., conservation leases or easements) as an alternative to outright purchase.  In preparing future site plans, the potential for utilizing less-than-fee-simple acquisition will also be explored as part of the planning process. Considerations will include management goals, relative cost, and landowner preference.

 

For sites lacking comprehensive planning direction, any proposed acquisition will be subject to an evaluation of the agricultural impact prior to being included in the DOC capital budget.  As part of this assessment, the DOC will consider the suitability of these lands for needs identified in DOC's internal policy plan Outdoor Recreation in Illinois:  The 1983 Policy Plan, and subsequent action plans.

 

3.         New Facilities Acquisition

 

The DOC also acquires land for new facilities.  Selection of a specific site for a new recreation or conservation area, other than a natural area, will be based upon resource capability, recreational potential, locational desirability, acquisition and development costs, environmental impact, and agricultural impacts, both existing and future.  Selection of a preferred location among various alternatives will be based upon the above suitability criteria to determine which site can best meet the goals of the project while at the same time minimizing impacts to agriculture.

 

4.         Linear Corridor Acquisition

 

Purchase of land for long-distance linear corridors is another special type of DOC acquisition.  Emphasis will be given to acquiring land which connects points of scenic, natural, cultural or recreational interest and is not Class I, II and III land.  In cases where the most direct routes between points of interest would take agricultural land out of production, alternative routes will be examined.  Specific criteria for acquisition of land for long distance trails are addressed in the Long Distance Trails Section (pp. 45 and 46), of "Outdoor Recreation in Illinois:  The 1983 Policy Plan."

 

5.         Wildlife Habitat Acquisition

 

A major component of DOC's acquisition program is habitat acquisition, which is intended to address the paramount threat to Illinois' wildlife today – loss of habitat, both in quantity and in quality.  During the last century, most of the natural land in the private sector has been converted to other uses at the expense of the wildlife resource base.  This problem has now reached crisis proportions as documented in the 1985 report of the Illinois Wildlife Habitat Commission, entitled "The Crisis of Wildlife Habitat in Illinois Today," which strongly advocates expansion of public lands and better utilization of them for wildlife conservation.  This recommendation was translated into legislative action in February, 1985 as a major BUILD ILLINOIS initiative and was funded initially for four million dollars in July, 1985.  As of February, 1987, the DOC has secured or programmed for acquisition, some 17,248 acres of wildlife habitat at sixty-six (66) sites throughout the state.

 

To use available dollars wisely, the DOC has developed a set of guidelines to aid in acquistion decisions, which includes the agricultural impact.  Specifically, habitat acquisition will conform to the DOC's Agricultural Land Preservation Policy, and the agricultural impact of any potential acquisition will be weighed in the site-selection process.  Other criteria include availability, habitat quality, vulnerability, manageability, public input, less-than-fee acquisition potential, recreational potential, and statewide location.

 

CONSERVATION EASEMENTS

 

Easements provide the DOC with a valuable mechanism to reduce adverse impacts on agriculture caused by DOC programs, especially large scale projects.  Easements are of great benefit because they can be used to allow the continuation of agricultural practices while preventing developments which may have adverse impacts on DOC properties. Essentially, conservation easements involve the landowner transferring to the DOC, through sale, donation or will, certain property rights, such as development rights.  Easements can be for a specific length of time, but generally the purpose of obtaining easements is to protect the resource from development in perpetuity.  Thus, easements can be used to insure continued agricultural use of the land.

 

The DOC will strongly consider obtaining easements in cases where the primary purposes of protecting parcels of land are to prevent encroaching development, preserve the visual integrity of the site, maintain an existing land use or provide buffer.  The potential benefits to the DOC include reduced costs and management responsibilities, while at the same time protecting the critical resource which otherwise would have required the purchase of fee-simple title. Although an easement can be tailored to specifically accommodate the desires of both the DOC and the land-owner, the landowner's cooperation is necessary.  If a landowner is not willing to enter into an easement agreement, a fee-simple acquisition will then be considered.

 

Less-than-fee-simple acquisition could also be used to allow access across private lands for recreational purposes.  As part of the DOC's trails planning process, the use of easements for providing long-distance trail opportunities will be addressed.  The use of easements will also be explored in providing recreational use of stream corridors.

 

CONSERVATION LEASES

 

The DOC utilizes conservation leases on both a landlord and tenant basis when appropriate.  Specifically, the DOC lets agricultural leases on DOC lands to private parties to produce food and cover for wildlife, sometimes on an interim basis following acquisition and pending development.  In some cases, larger acreages are acquired than were originally proposed due to ownership patterns and individual landowner's desires.  In such an instance, a lease-back will be considered to maintain the agricultural use of the additional property.  As a stipulation of any farm lease, the DOC requires proper soil conservation techniques including, but not limited to, the use of conservation tillage, limited spring plowing, and crop rotation in order to protect the land and control erosion.

 

As an alternative to outright purchase, the DOC will also consider entering into a long-term lease where compatible with site objectives.

 

PROJECT REVIEW

 

A major responsibility of the DOC is to review construction projects proposed by federal, state and local governments, as well as private interests, to insure projects are constructed in a manner which is least damaging to Illinois' natural, cultural and recreational resources.  As part of this function, the DOC reviews Corps of Engineers Section 10 and Section 404 permits; Soil Conservation Service projects; Department of Transportation, Division of Water Resources permits; National Pollution Discharge and Elimination System permits; state, federal and local highway projects; mining permits; utility power plant sitting proposals; transmission corridor location studies; environmental assessment reports; and Environmental Impact Statements.  In addition to statutory charges, the DOC has been granted additional review responsibilities through federal laws such as the Fish and Wildlife Coordination Act (P.L. 85-624, as amended), Department of Transportation Act of 1966 (P.L. 89-670), Federal Surface Mining Control and Reclamation Act of 1977 (P.L. 95-87), and the National Environmental Policy Act (P.L. 91-190).

 

In reviewing projects, the DOC evaluates effects upon wildlife habitat, aquatic habitat, forest resources, endangered and threatened species, natural areas, recreational resources, cultural and archaeological sites and other natural lands and waters which would be affected by the project. The DOC's major objective is to insure that project sponsors minimize and mitigate impacts upon Illinois' natural, cultural and recreational resources.  During its review, the DOC will assess the various project impacts and make comments and recommendations to the permitting agency or project sponsor to insure the project is constructed in an environmentally sound manner.  Specific procedures for internal review of construction projects are set forth in the DOC Policies and Procedures Manual.

 

GRANTS

 

Two major grant programs, the federal Land & Water Conservation Fund (LWCF) program and state-financed Open Space Lands Acquisition and Development (OSLAD) program, are administered by the DOC.  Both provide funding assistance for acquisition and development of public outdoor recreation areas.  Monies for the LWCF program are appropriated by Congress on an annual basis to Illinois through the National Park Service, U.S. Department of the Interior.  A portion of that money is/may be used for DOC outdoor recreation acquisition, development and planning projects.  The remainder is distributed on a competitive basis to local units of government, providing up to 50% reimbursement, on approved outdoor recreation acquisition and development projects.  The OSLAD program provides funding assistance solely to local units of government, and also allows for up to 50% reimbursement on approved acquisition and development projects for public outdoor recreation areas.  Typically, LWCF and OSLAD projects at the local level are situated within or contiguous to municipalities.

 

The LWCF and OSLAD programs are administered similarly by DOC per the rules set forth in 17 of the Ill. Adm. Code 3025 and 3030, and in accordance with the Land and Water Conservation Fund Act of 1965, as amended (78 Stat. 897) and the Illinois Open Space Lands Acquisition and Development Act (Ill. Rev. Stat 1985, ch. 85, pars. 2101 et seq.).  In approving LWCF and OSLAD grants, the DOC will encourage project sponsors to minimize acquisition of productive farmland and will promote projects which are within a municipality, constitute contiguous development and are consistent with both DOC plans and local land use plans.

 

LANDOWNER ASSISTANCE

 

The DOC administers several programs to assist landowners in wise management of their land.  These programs involve advising landowners of conservation practices which in turn benefit agriculture, e.g., reducing erosion and controlling noxious weeds.  A brief description of each follows.

 

1.         Acres for Wildlife

 

This program was established to encourage landowners to set aside part of their property on a yearly basis to provide habitat for wildlife.  The program is designed to protect existing wildlife cover, although some modification or manipulation of the existing cover may occur.  Maintaining the land as habitat may help control water run-off, thus benefiting adjacent agricultural land.

 

2.         Roadsides for Wildlife

 

This program involves seeding roadsides, as well as waterways on private lands, to provide habitat for wildlife.  Benefits to agriculture include control of erosion and noxious weeds.

 

3.         Private Land Habitat Management Program

 

Through this program, the DOC provides technical assistance to private landowners in managing their land to provide wildlife habitat.  Soil and water conservation are important secondary benefits.  Permanent plantings of shrubs, trees, food patches and grass/legumes are usually confined to non-agricultural or very marginal lands.

 

Technical support is also provided to landowners participating in federal farm programs which retire cropland from production.

 

4.         Reforestation And Technical Assistance

 

The DOC provides technical assistance to landowners on forest conservation practices.  Assistance comprises management advice for the protection, enhancement and utilization of existing forest lands, and reforestation, including a limited supply of tree and shrub seedlings.  Usually reforestation is encouraged on marginal lands not suitable for row crops.  Many seedlings are also sold to urban and suburban landowners who own small acreages.  Agricultural benefits of this program include soil erosion control, production of forest resources, windbreaks, and soil and water conservation.

 

SUMMARY

 

It will continue to be the responsibility of the DOC to protect the state's natural, cultural and recreational resources.  Toward this end, the DOC will continue to operate a system of parks, recreation, and conservation areas, thus maintaining lands in their natural condition.  Furthermore, the DOC will continue to carry out land management practices on these properties to protect the natural resources.

 

The DOC recognizes that the land is one of Illinois' most valuable natural resources and shares the concern for protecting it from adverse effects.  The DOC will cooperate in the effort of the State of Illinois to minimize the conversion of land, valued for its agricultural products, to non-agricultural uses.

 

(May, 1987; revised)

 

Illinois Department of Conservation –

Illinois Department of Agriculture

Cooperative Working Agreement

 

This Cooperative Working Agreement between the Department of Conservation (DOC) and the Department of Agriculture (DOA) is part of the DOC Agricultural Land Preservation Policy, adopted to reduce the irreversible conversion of Illinois' agricultural land.  The DOC and the DOA agree to the following:

 

I.          The DOC will notify the DOA of all proposed land acquisition when the preliminary request is submitted to the Bureau of the Budget for consideration and DOC will describe the purpose of each applicable project. Additionally, the DOC will provide the required project information to DOA as specified in 8 Ill. Adm. Code 700.Appendix A:  Exhibit B, "Project Proposal Information Requirements."  The DOC will also justify the necessity for purchasing farmland, and indicate how the proposed acquisition is consistent with DOC's Agricultural Land Preservation Policy.

 

The DOC and DOA recognize that certain types of DOC land acquisition involve special situations that should be treated as such.  These are enumerated below (see II - VIII).  It will be the responsibility of the DOC to identify these special types of acquisition in the project information submitted to DOA.

 

II.        The DOC will continue its program to acquire and protect natural areas identified by the Illinois Natural Areas Inventory, the comprehensive statewide survey which documented the location of relatively undisturbed natural communities, endangered species habitats, geologic areas, and other categories of natural areas.  Areas proposed for acquisition may also include additional lands that meet the Inventory criteria, but were not discovered during the initial survey.  (The Inventory is a dynamic data base, updated by adding qualifying areas and deleting those that no longer meet the criteria for inclusion.)  The DOA recognizes the significance of preserving the few natural areas remaining in the State and supports the DOC's efforts to acquire Inventory areas.

 

Therefore, the DOA will not conduct a Study of Agricultural Impacts,  regardless of the size of the inventoried natural area.  Acquisition of any additional land surrounding the natural area will follow the guidelines specified in the DOC's Agricultural Land Preservation Policy and will be subject to DOA's Study of Agricultural Impacts.

 

III.       The DOC purchases some agricultural land specifically to maintain its agricultural use.  These farming operations are important in producing food and cover for wildlife.  Some modifications of farming practices may occur, however, because lands being farmed under DOC ownership and management are subject to proper land management including, but not limited to, conservation tillage, limited spring plowing and crop rotation.

 

The DOC also purchases agricultural land to correct adjacent land management practices which are damaging the resources on DOC properties, e.g., watershed pollution.  The DOA recognizes the value and necessity of this type of stewardship and wise land management practices.  The DOC will notify the DOA of proposed projects of this type and explain the intent and necessity of acquisition and the agricultural impact resulting from DOC acquisition of the property.  The DOA will determine whether an Agricultural Impact Study is needed for such acquisitions on a case-by-case basis.

 

IV.       Much of the DOC's land acquisition involves completing previously programmed and initiated acquisition projects.  The DOA recognizes the need for contiguous development of DOC properties. Therefore, acquisition of inholdings, regardless of size, will not be subject to the Agriculture Impact Study. For the purpose of this agreement, an inholding is defined as land which is surrounded at least on three sides by DOC ownership.

 

Proposed acquisition of landlocked parcels, which are dependent upon access through DOC land, shall be given special consideration by the DOA when such access conflicts with management goals for the adjoining DOC land.

 

V.        The DOA will not perform a Study of Agricultural Impacts for DOC projects encompassing 10 acres or less of land.  All areas proposed for acquisition by the DOC regardless of size, however, will follow the land acquisition policies set forth in the DOC Agricultural Land Preservation Policy.

 

VI.       The DOA will not perform a Study of Agricultural Impacts on projects located within municipalities.

 

VII.     In the event that acquisition of a parcel is not completed during the fiscal year for which it is programmed, the scope of the project does not change with respect to the land acquisition, and a review and/or Agricultural Impact Study has been completed, it shall not be subject to further review nor the Agricultural Impact Study process in subsequent years.

 

VIII.    Land acquired by gift, administrative transfer, conservation easement, or conservation lease, shall be exempt from the Agricultural Impact Study process.

 

IX.       It is imperative that the DOC's land acquisition program proceed on schedule during each fiscal year. Accordingly, in the event the DOA has not completed its agricultural impact review of a DOC project site within 30 days of notification, the DOC may proceed with acquisition unhampered.  However, the 30 day review time frame will not commence until the DOA has received the required project information.  If problems arise, the DOA may request, in writing, a 15 day extension.  Furthermore, DOC will not release information to the general public relative to a final decision on a project site(s) which falls under the DOA's purview until the required Study of Agricultural Impacts has been completed.

 

X.        If a project is not in compliance with DOC's Agricultural Land Preservation Policy and/or Cooperative Working Agreement and a compromise cannot be reached, the DOA shall invoke the Conflict Resolution Process (8 Ill. Adm. Code 700.Appendix A:  Exhibit C).

 

XI.       The DOC and the DOA will take all possible measures to insure that procedures relating to the implementation of this Agreement will remain confidential.

 

XII.     This Cooperative Working Agreement and the associated Agricultural Land Preservation Policy shall be the governing document for the DOC and shall not be preempted in whole nor in part by any other agency agreement.

 

(May, 1987; revised)

 

(Source:  Exhibit A renumbered from Appendix D and amended at 11 Ill. Reg. 18569, effective November 2, 1987)

Section 700.APPENDIX D   Illinois Department of Conservation

 

Section 700.EXHIBIT B   Illinois State Statutes Governing the Department of Conservation

 

Following is a list of the major state statutes which delineate roles and responsibilities of the DOC.

 

1.         Illinois Endangered Species Protection Act (Ill. Rev. Stat. 1985, ch. 8, pars. 331 et seq.)

 

2.         Fish Code of 1971 (Ill. Rev. Stat. 1985, ch. 56, pars. 1.1 et seq.)

 

3.         Game Code of 1971 (Ill. Rev. Stat. 1985, ch. 61, pars. 1.1 et seq.)

 

4.         Boat Registration and Safety Act (Ill. Rev. Stat. 1985, ch. 95½, pars. 311-1 et seq.)

 

5.         Snowmobile Registration and Safety Act (Ill. Rev. Stat. 1985, ch. 95½, par. 601-1 et seq.)

 

6.         AN ACT in relation to State forests, operation of forest tree nurseries, and providing penalties in connection therewith (Ill. Rev. Stat. 1985, ch. 96½, pars. 5901 et seq.)

 

7.         AN ACT in relation to the acquisition, control, maintenance, improvement and protection of State parks (Ill. Rev. Stat. 1985, ch. 105, pars. 465 et seq.)

 

8.         Civil Administrative Code of Illinois (Ill. Rev. Stat. 1985, ch. 127, pars. 63a et seq.)

 

(Source:  Exhibit B renumbered from Exhibit A and amended at 11 Ill. Reg. 18569, effective November 2, 1987)

 

Section 700.APPENDIX E   Department of Commerce and Community Affairs' Farmland Preservation Policy and Cooperative Agreement

 

PREFACE

 

On July 22, 1980, Governor James R. Thompson signed an Executive Order entitled "Preservation of Illinois Farmland" which required the Department of Commerce and Community Affairs and other state agencies develop an agricultural land preservation policy.  In response to that Order, the Department of Commerce and Community Affairs has prepared the following policy document.

 

POLICY

 

It is the policy of the Department of Commerce and Community Affairs to support and promote the preservation of Illinois farmland.

 

BACKGROUND

 

The Department of Commerce and Community Affairs (DCCA) was established in 1979 to promote community and economic development in Illinois.  DCCA serves as the central source of information and assistance for businesses and local governments in order to:

 

Strengthen the state's economy

 

Strengthen local government leadership

 

Increase employment opportunities

 

The primary mission of the Department is to ensure economic stability, enhance business prosperity, increase employment and employment opportunities, and promote the increased capabilities of local governments and other public entities to achieve balanced development of economic, human and natural resources.

 

In fulfilling its goals, DCCA aids the public and private sectors.  DCCA does not engage in capital development projects.  The department assists communities and private companies engaged in development activities.  By promoting economic and community development DCCA may indirectly contribute to the conversion problem.  DCCA's farmland policy is intended to mitigate the department's indirect role in the conversion process, and make achievement of development goals compatible with established state policy regarding farmland preservation.

 

IMPACT OF AGENCY ACTIVITIES

 

A.        Marketing

 

DCCA marketing programs are designed to encourage and promote the continuing internal economic development of Illinois, and to sell Illinois around the world to business leaders and tourists.  Making business leaders in Illinois and throughout the world more aware of the state's business services and resources; increasing the visibility of the state's tourist attractions worldwide; and improving the self-image of Illinois and its communities are the primary objectives of DCCA marketing programs and services.  Illinois' strengths as a major business state are communicated within the state and around the world through advertising campaigns; publications; films, video tapes and multi-image presentations; trade shows and missions; marketing alliances such as Illinois, Inc.; exhibits; telemarketing campaigns; and personal contact among business leaders and DCCA marketing representatives.  Illinois tourist attractions are promoted through similar means with additional emphasis on consumer-oriented marketing activities targeted at business and pleasure travelers. Important components of the department's marketing programs and services help individual communities throughout Illinois improve and promote their business and community resources and tourist attractions.  Making Illinois a more profitable and productive home for business, and providing specific location and expansion services to individual firms are the objectives of an array of DCCA activities.

 

In cooperation with municipal authorities and realtors, data on available industrial sites and buildings throughout Illinois are computerized for a quick and precise match-up to a firm's specific location requirements.  Typical of information available is rail access, square feet, transportation and utility service.  Approximately 300 community profiles provide industrial clients seeking to expand or relocate with essential information on a particular community.

 

No overall figures are available on the amount of farmland converted as a result of Marketing's development activities.  However, since the majority of industrial prospects look for existing buildings, the loss of farmland due to development projects may be minimal.

 

B.        Program Administration

 

To ensure employment for its citizens and to maintain an adequate tax base for the funding of local government services and operations, a community must strive to encourage the growth of its existing businesses and to attract new firms.  Many DCCA programs are designed to help Illinois communities maintain and improve their business climates and services in both direct and indirect ways.  For example, some DCCA community development programs provide direct grants to units of local government to finance the expansion or location of specific firms.  Other programs help local government improve their general environment for the benefit of both business and residents and several programs subsidize individual households in a community.  Whatever their specific purpose or direct beneficiary, all DCCA community development programs are designed to make Illinois cities and towns the best homes in America for both people and business.

 

DCCA provides several types of programs and services to help establish a balance between the demand and supply of skilled labor in Illinois communities.  Some programs and services directly subsidize the employment training costs for specific businesses, while others provide funds to help finance community-wide employment training programs designed to provide income-eligible individuals with locally marketable job skills.  Other special programs focus on the training and employment needs of targeted groups such as homemakers, youth and individuals who have recently lost their jobs as the result of business closures due to economic difficulties or technological advances.

 

Businesses, units of local government, community organizations and individuals receive financial assistance directly from DCCA to promote the overall economic development of Illinois.  Financial assistance for business goes directly to firms from DCCA or may be passed through units of local government.  Financial assistance to units of local government may be used to fund the expansion and location of specific firms, or may be used to improve the overall community environment for the benefit of both business and people, and to finance business-related services.  Financial assistance to not-for-profit community organizations is passed through to eligible individuals and households, or may be used by the organizations to directly fund activities and projects of general benefits to the community or a targeted population.  Financial assistance programs to individuals and households are designed to improve and maintain the immediate living environment of citizens while reducing the demand for such assistance on units of local government.

 

Through its planning and technical assistance activities, the Program Administration promotes orderly and efficient community growth, an important element in farmland preservation.  Program Administration typically does not promote farmland conversions, and staff can often alert communities and local governments to the problems associated with farmland conversion.

 

IMPACT MITIGATION

 

The Department of Commerce and Community Affairs can best promote farmland preservation by serving in an educational and informational role.  The Department can build a concern for farmland preservation into its programs by:

 

1.         DCCA's industrial location programs will provide information to prospective firms on the state policy regarding farmland preservation, and its relationship to federal aid.  DCCA will encourage location near existing development or development consistent with an overall community growth strategy or plan.

 

2.         To facilitate the early identification of projects with potential agricultural impacts, indication of soil quality will be made in DCCA's industrial site location information.  The Illinois Department of Agriculture (DOA) will assist with this soil assessment.

 

3.         DCCA will consult with DOA regarding private agricultural conversion. Within the constraints of prospect confidentiality, DCCA will notify DOA of the locating decisions of businesses and industries and will request an Agricultural Impact Statement be compiled for locations further than 1½ miles from the authority of a municipality.

 

4.         DCCA will educate communities on the benefits of farmland preservation.  When practical, grantors will use the state policy of farmland preservation among the grant selection criteria.

 

(1981; revised)

 

COOPERATIVE AGREEMENT

 

This Cooperative Agreement between the Department of Commerce and Community Affairs and the Department of Agriculture is part of the Department of Commerce and Community Affairs' Farmland Preservation Policy, adopted to reduce the conversion of Illinois' agricultural lands.  The Department of Commerce and Community Affairs and the Department of Agriculture agree to the following:

 

I.          The Department of Commerce and Community Affairs will inform the prospective firm of the State of Illinois' commitment to the preservation of prime agricultural land and encourage the firm to seek a location that conforms with existing land use practices and plans by providing copies of the Farmland Preservation Act (Ill. Rev. Stat. 1983, ch. 5, pars. 1301 et seq.).

 

II.        The Department of Commerce and Community Affairs will provide the Department of Agriculture with all information concerning industrial sites currently held in the Department of Commerce and Community Affairs' data base.  The Department of Agriculture will identify those sites which are classified as "prime agricultural."  The Department of Commerce and Community Affairs will make adjustments in its data base to indicate those sites as identified.  The Department of Commerce and Community Affairs will provide a copy of Executive Order 80-4 to the prospective firm in all instances where a "prime agricultural" site is under consideration by the firm.

 

III.       In instances where a prospective firm identifies a "prime agricultural" site as the future location of its facility and the site is greater than 10 acres and is not within the 1½ mile planning jurisdiction of a community, or properly zoned and controlled or inconsistent with local plans, the Department of Commerce and Community Affairs will contact the Department of Agriculture.  The Department of Agriculture will decide whether the preparation of an Agricultural Impact Statement is appropriate.  During the preparation of the A.I.S. and related D.O.A. comments on the use of state inducements for business expansion on that site DCCA will delay its firm offers of assistance in order to allow time for any needed conflict resolution to occur as referred in paragraph VII.

 

IV.       The Department of Commerce and Community Affairs' housing technical assistance staff will provide information to housing authorities and developers concerning Executive Order 80-4.

 

Department of Agriculture Responsibilities

 

V.        The Department of Agriculture will complete the Agricultural Impact Statement in the time specified by the Department of Commerce and Community Affairs.  Such time will be not less than 15 days and not longer than 45 days.

 

VI.       The Department of Agriculture will take all possible measures in accordance with The Freedom of Information Act (Supp. to Ill. Rev. Stat. 1983, ch. 116, pars. 201 et seq.) to insure that private sector and/or individual matters relating to the implementation of this Agreement will remain confidential.

 

VII.     The Department of Agriculture shall follow the conflict resolution process when disputes arise between the the two Departments.  This process shall require the Department of Agriculture to advise the Director of the Department of Commerce and Community Affairs, of the conflict as seen by D.O.A.  If resolution is not obtained within 14 business days each agency shall present its position to its Program Liaison in the Governor's Office.

 

VIII.    This Cooperative Agreement and the associated Farmland Preservation Policy shall be the governing document for the Department of Commerce and Community Affairs and shall not be preempted in whole or in part by any other agency's agreement.

 

(February, 1982; revised)

 

Section 700.APPENDIX F   Department of Energy and Natural Resources' Agricultural Land Preservation Policy Statement and Cooperative Working Agreement

 

INTRODUCTION

 

The Department of Energy and Natural Resources' (ENR) Agricultural Land Preservation Policy has been prepared in response to the Farmland Preservation Act (Ill. Rev. Stat. 1987, ch. 5, par. 1301 et seq.).  The Act calls for the preparation of an Agricultural Land Preservation Policy which shall include:

 

1.         an analysis of the impact on agricultural land conversions caused by state agency programs, regulations, procedures and operations;

 

2.         measures that can be implemented by each agency which will mitigate conversions to the maximum extent practicable;

 

3.         provisions for minimizing agricultural land conversion as defined in Section 700.10.

 

ENR, as one of the agencies named in the Farmland Preservation Act, has developed the following policy in support of the Act.  This approach ensures that agricultural preservation is viewed in the context of the State's total resources.

 

GENERAL POLICY STATEMENT

 

ENR recognizes the need to ensure that its actions do not unnecessarily encourage the conversion of farmland to non-farm uses when there are viable alternatives available which are less destructive to Illinois' agricultural lands.  ENR will help protect the state's agricultural land from irreversible conversion to uses which result in its loss as an environmental or essential food production resource, however, ENR also recognizes that Illinois has other natural and cultural resources which deserve equal consideration and which play an important role in the state's economy, environment and heritage.

 

BACKGROUND

 

ENR has the duty to investigate practical problems, implement studies, conduct research and provide assistance, information and data relating to the technology and administration of environmental protection; energy; the natural history, entomology, zoology and botany of Illinois; the geology and natural resources of Illinois; the water resources and weather of Illinois; and the archaeological and cultural history of Illinois.

 

ENR has not been responsible for any agricultural land conversion in the past three years.  Research facilities of the Geological, Natural History and Water Survey Divisions of the Department, aside from the central offices in Urbana, Champaign, and Savoy are generally secured either on a lease basis or through cooperation with other state agencies or divisions such as the Department of Conservation or the University of Illinois.  The potential for land acquisition of the Surveys is small because of the availability of these cooperative arrangements, but some research needs in the future may dictate the purchase of land.  Even in those cases, however, the purchase will probably not lead to the irreversible conversion of agricultural land.

 

The State Museum owns or operates three archaeological sites in Illinois and has the power to accept grants of property and to hold property for the purpose of preservation, research or interpretation of significant archaeological and natural phenomena areas within the state. In practice, most archaeological, historic and natural areas are acquired by the Illinois Department of Conservation and the Historic Preservation Agency.

 

ENR through its responsibilities in "The Illinois Coal Development Bond Act", grants money to encourage the development of coal use technologies and for research and development of other forms of energy such as solar, wind and biomass.  The power of eminent domain can also be used by ENR for the purposes of sitting, obtaining rights of way or easements for coal resource developers in facility sitting and coordination with public and private organizations.  Although this program has a potential for causing the conversion of agricultural land, it has not done so to date.

 

CONTRIBUTIONS TO AGRICULTURE

 

ENR has contributed to the preservation of agricultural, as well as other natural and cultural resources of the state, in many ways.  Some specific responsibilities ENR has, which relate to these resources, are:

 

*          to investigate and study the natural resources of the state and prepare printed reports and furnish information fundamental to the conservation and development of natural resources.

 

*          to cooperate with and advise departments having administrative powers and duties relating to the natural resources of the state.

 

*          to investigate all insects dangerous or injurious to agricultural or horticultural plants, crops and livestock.

 

*          to act as the central data repository and research coordinator for the state in matters related to water resources.

 

*          in the conduct of economic impact studies on rules and regulations of the Pollution Control Board to include an evaluation of the economic impact on Illinois agriculture.

 

*          to carry out educational efforts in cooperation with other state agencies on natural resource and energy issues.  ENR co-sponsored the two Governor's Conference on the Preservation of Agricultural Lands as part of this function.  Educational aids directed at agriculture are also produced by the Surveys.

 

*          to offer demonstration and assistance programs for alternative energy resources.  Alcohol, gasohol and solar programs, projects and assistance have directly contributed to increasing the viability of the agricultural sector in Illinois.

 

IMPACT MITIGATION POLICIES

 

State Surveys

 

1.         ENR will attempt to avoid irreversible conversion of agricultural land when the purchase of land is necessary to carry out Survey research functions.  If research needs dictate that the Surveys purchase land, any purchases over ten (10) acres of agricultural land will be reviewed by an ENR committee in order to determine whether other alternatives exist.  The committee will make a report of its finding and forward it to the Department of Agriculture (DOA).  An exception to this would be the acquisition of an agricultural research farm.  This potential case as well as other research needs for land is not expected to result in irreversible conversion.

 

Illinois State Museum

 

2.         The Illinois State Museum will only purchase those sites of National Register quality for the purpose of preserving, studying and interpreting archaeological and natural phenomena.  While this may mean that in the future some agricultural land may be removed from production, the application of criteria (36 CFR 60 (1983)) restricting acquisition to National Register quality sites will minimize adverse impacts to agriculture and help preserve the other natural or cultural resources of exceptional quality.

 

Illinois Coal Development Bond Act

 

3.         ENR, in carrying out its responsibilities under this Act, will attempt to minimize any adverse impacts on agriculture.  For state funded projects converting more than ten (10) acres of agricultural land, ENR will evaluate the potential adverse impacts on Illinois agriculture in accordance with 8 Ill. Adm. Code 700.Appendix A, EXHIBIT B, "Project Proposal Information Requirements," as well as other Illinois natural and cultural resources within the context of the state's social, economic and environmental goals based on such factors as the following:  (a) decrease in future food production capabilities; (b) increase in soil erosion; (c) deterioration or reduction of water quality and groundwater supplies; and (d) other environmental factors related to the particular project that diminishes Illinois' cropland base or otherwise adversely impacts Illinois' agricultural lands.  The information identified above and the alternative strategies for mitigation of adverse impacts shall be provided to the DOA.

 

When assistance is provided to sponsors of non-state funded projects for energy development, the ENR will provide a copy of the ENR Agricultural Land Preservation Policy Statement and the Cooperative Working Agreement to the sponsor at the earliest possible date.

 

(October, 1988; revised)

 

Department of Energy and Natural Resources – Department

of Agriculture Cooperative Working Agreement

 

The Illinois Department of Energy and Natural Resources (ENR) and the Illinois Department of Agriculture (DOA) agree to the following:

 

1.         ENR shall notify the DOA in writing of all state-funded capital projects where it would be purchasing parcels of agricultural land of more than ten (10) acres.  No notification is required if a project is located within a municipal boundary or within a one and one-half mile planning area of a comprehensive plan, if one exists, of a municipality.  The DOA shall be notified if land is purchased by the three scientific surveys (Geological, Natural History and Water Survey) and the Illinois State Museum, however, land purchased by the three scientific surveys and the State Museum shall not be subject to the DOA's Study of Agricultural Impacts. For state funded capital projects requiring parcels of agricultural land of more than ten (10) acres, ENR will provide information in accordance with 8 Ill. Adm. Code 700.APPENDIX A, EXHIBIT B, "Project Proposal Information Requirements," to the DOA as necessary to make a determination of conflicts with state policy.

 

2.         The opportunity shall be provided to the DOA to review projects funded through the Illinois Coal Development Bond Act before a contract is entered into with the applicant. DOA shall not publicize or circulate its comments beyond the DOA, ENR, and the Governor's Office.

 

3.         The DOA shall complete its Study of Agricultural Impacts within a 30-day period after receiving the required information from the ENR in accordance with 8 Ill. Adm. Code 700.APPENDIX A, EXHIBIT B.  The DOA shall follow the guidelines for review of the project proposals contained in its Agricultural Land Preservation Policy when conducting its review. Furthermore, ENR will not release information to the general public relative to a final decision on a project site(s) which falls under the DOA's purview until the official Study of Agricultural Impacts has been completed.

 

4.         ENR shall follow the mitigation procedures outlined in its Agricultural Land Preservation Policy.  The DOA shall be notified in writing of the purchase of any agricultural research farms.

 

5.         ENR shall notify the DOA of any agricultural land donated to the agency.  Donated land shall not be subject to DOA review.

 

6.         ENR shall notify the DOA in writing of all proposed changes in policies and procedures that alter the existing agreement.  If deemed necessary by both agencies, a new agreement shall be negotiated in accordance with the Act and these rules.

 

7.         This Cooperative Working Agreement, ENR's Agricultural Land Preservation Policy and the Farmland Preservation Act shall be the governing documents for ENR's farmland preservation policies.

 

(October 1988; revised)

 

(Source:  Amended at 13 Ill. Reg. 10489, effective June 16, 1989)

 

Section 700.APPENDIX G   Illinois Environmental Protection Agency's Agricultural Land Preservation Policy Statement and Cooperative Working Agreement

 

PREFACE

 

On August 19, 1982, Governor James R. Thompson signed into law the Farmland Preservation Act (Ill. Rev. Stat. 1987, ch. 5, par. 1301 et seq.), which required the Illinois Environmental Protection Agency (IEPA) to develop an agricultural land preservation policy statement and cooperative working agreement.  The following policy statement and working agreement are submitted in accordance with the Act.

 

POLICY STATEMENT

 

The Illinois Environmental Protection Agency recognizes the need to maintain the quality of the State's productive agricultural land and also to protect this valuable resource from permanent conversion to non-agricultural uses.  It shall be the policy of the Agency in its programs and operations to preserve Illinois farmland, through procedures consistent with State and Federal laws.

 

ANALYSIS OF IMPACT

 

The Illinois Environmental Protection Agency has the responsibility to protect public health, welfare and quality of life in Illinois by protecting the environment.  The Agency monitors environmental pollutants, enforces pollution control regulations, carries out permit programs to control certain pollution related activities, and administers grants for planning and construction of wastewater treatment facilities.

 

IEPA's programs and operations do not involve land acquisition for capital development; therefore, the Agency will not directly cause conversion of agricultural lands.  Indirect and secondary impacts may occur, however, through administration of permits, grants, and regulatory programs.

 

Permits

 

The four program Divisions of IEPA (Air Pollution Control, Water Pollution Control, Public Water Supplies, and Land/Noise Pollution Control) issue permits for the construction and operation of pollution control facilities, water treatment works, and enterprises which are potential sources of pollution.  Additionally, the Agency issues authorizations or certifications to federal agencies for their action on applications for permits, licenses and other forms of federal approval of proposed activities.

 

The Agency's permit programs and related Federal programs can affect farmland as follows:

a.          Through decisions on facility planning areas which consequently affect the location of new sewage treatment plants/interceptors and public water supply facilities/distribution systems.

b.         Through construction permit decisions for new pollution control facilities which may be built at locations which could affect farmland.

c.          Through decisions on the sitting of solid waste facilities.

d.         Through decisions on other pollution source controls for mine related pollution and agricultural related pollution.

e.          Through reviews of environmental impact statements.

 

Any Agency program activity which is responsible to Federal laws must comply with the National Environmental Policy Act and USEPA policy on farmland preservation.  The USEPA policy, September 8, 1978, is consistent with policies of the U.S. Department of Agriculture and the Council on Environmental Quality.  It proclaims, "It is EPA's policy to protect, through the administration and implementation of its programs and regulations, the nation's environmentally significant agricultural land from irreversible conversion to uses which result in its loss as an environmental or essential food production resource."  However, Agency permit denials, absent state law, cannot be predicated in any instance solely on the taking of prime farmland out of production.  Therefore, information on farmland for permit determinations is limited to the facts relating to pollution control attributes of the source.  In the event a proposed activity is inconsistent with existing state law (i.e., Agricultural Areas Conservation and Protection Act (Ill. Rev. Stat. 1987, ch. 5, par. 1001 et seq.)), permits must be denied by the Agency.

 

Grants

 

The direct impact of state and federal wastewater treatment works construction grants programs administered by the Agency upon land conversion is generally insignificant.  The major wastewater construction grant programs are the state Build Illinois Program and the U.S. Environmental Protection Agency program authorized under Section 201 of the Federal Clean Water Act.

 

In general, land requirements for sitting of grant eligible pollution control facilities are small and are responsive to the existing and near term needs of urban centers.  However, the secondary effects of wastewater treatment provisions to accommodate anticipated future urban growth upon land conversion can be significant.

 

Future growth and anticipated wastewater treatment needs are currently limited to projected population levels established by the Illinois Bureau of the Budget forecasts and are limited to service within established facility planning areas (FPA).  The service areas for growth are established by local governments consistent with their planned growth patterns and density into adjacent land areas.  The planning requirements which must be met coupled with grant eligibility limitations on transport systems discourage leap frog development.

 

Although the impact of urbanization upon farmland conversion is significant, the wastewater grant programs merely help provide for adequate pollution control resulting from local decision making and population distribution.

 

All federal wastewater construction grants are required to protect environmentally significant agricultural lands from irreversible conversion to uses which result in its loss as an environmental or essential food production resource.  As part of the decision making process for the planning, design and construction of interceptors and treatment facilities, farmland protection is considered.  USEPA procedures are defined in regulations developed pursuant to the National Environmental Policy Act and the USEPA policy on farmland protection.  An additional directive to minimize farmland conversion is provided to the USEPA in the federal Farmland Protection Policy Act (7 U.S.C. 4201 et seq.).  Adequate consideration and mitigation are also an integral part of the State wastewater construction grant program which is operated consistent with the USEPA program.

 

Rules and Regulations

 

Regulatory programs are administered by each Division as prescribed by the Illinois Pollution Control Board's Rules and Regulations (35 Ill. Adm. Code:  Subtitles A through H).  Enforcement of the regulations may require application of pollution control techniques that are costly or discouraging to some agricultural operations.  This is most evident where urban encroachment upon existing agricultural areas is occurring.

 

From a broader perspective the regulatory programs are supportive of farmland preservation.  Specific agricultural exemptions are incorporated in the air, solid waste, and noise pollution regulations (Ill. Rev. Stat. 1987, ch. 111½, par. 21(f), and 35 Ill. Adm. Code 237.120(a), 722.151, 809.211, 901.107(a) and (c), and 902.140(a)(4)).  Enforcement of the regulations protects and enhances the quality of Illinois' land, water, and air resources which are indispensible to a productive agricultural industry.

 

MITIGATION PROCEDURES

 

Agency program activities shall continue to be responsive to the Farmland Preservation Act.  Agricultural land protection efforts shall be supported through intergovernmental coordination and review consistent with State and Federal laws.  Reasonable opportunities for review and comment on Agency actions will be afforded consistent with schedules for Agency decisions prescribed by law, regulation, or Agency policy.  Where applicable, Agency administrative procedures on regulatory and programmatic functions shall be administered in a manner which is consistent with the Farmland Preservation Act. Protection of agricultural lands shall be carried out in the following Agency actions:

A.       The Agency will continue to participate in an inter-agency committee to carry out the objectives of land preservation.

B.        Consideration of impacts on agricultural land shall be made within the process of developing new or revised regulations or administrative procedures.  In particular, the conversion of farmland shall be evaluated by the Agency in accordance with the National Environmental Policy Act (42 U.S.C. 4231 et seq.) in considering revisions to boundaries of facility planning areas designated in accordance with the Clean Water Act (P.L. 95-217, as amended).  Agency evaluation shall include consideration of comments from IDOA.

C.        The Agency will provide the Illinois Department of Agriculture (IDOA) wastewater permit application information for purposes of administering the Farmland Preservation Act.

D.       In conjunction with Agency approval of an FPA/construction grant (35 Ill. Adm. Code 362 and 363), potential farmland conversion will be considered in the decision making process.

E.        Wastewater treatment works construction grant applicants will be required to submit information for the State Clearinghouse Review.

F.        Agency programmatic activities shall support and encourage agricultural land protection programs to achieve a balanced resource management program.

 

(May, 1988; revised)

 

Illinois Environmental Protection Agency – Illinois Department of

Agriculture Cooperative Working Agreement

 

A.       The IEPA shall provide official notification to the IDOA on a developing facility plan if the facility plan necessitates the creation of a new FPA or an expansion of an approved FPA; however, no notice shall be required for any activity occurring within an approved FPA.  An official notification will include the following information when available from the project applicant:

 

1.         Project description;

 

2.         Map indicating general project location in the county;

 

3.         The most current soil survey map showing precise project boundaries;

 

4.         Identification of all land classes (I-VIII) lying within project boundaries and the number of acres contained within each land class;

 

5.         Identification of zoning and whether the project is in compliance with a comprehensive plan regulating the project area, if applicable;

 

6.         Identification of land use within project area and of that land contiguous to it;

 

7.         The project proposal discussing how the size and location of the proposed project shall meet and not exceed the goals of the project thereby avoiding unnecessary farmland conversion;

 

8.         Explanation of project location;

 

9.         Name, address and telephone number of individual who provided the above information.

 

The IDOA will initiate its Study of Agricultural Impacts upon receiving the notification and will complete the study in accordance with 8 Ill. Adm. Code 700.Appendix A, Exhibit A, "Time Limitations."

 

Where applicable, the IEPA will not release information to the general public relative to a final decision on a project subject to the IDOA's Study of Agricultural Impacts until the IDOA has completed its study.  If a project is not in compliance with the IEPA's policy statement and/or working agreement and a compromise cannot be reached, the IDOA shall invoke the Conflict Resolution Process in accordance with 8 Ill. Adm. Code 700.Appendix A, Exhibit C.

 

Upon approval of an FPA subject to this working agreement, IEPA will forward to IDOA the highest quality map available, delineating the boundaries to the new or modified FPA.

 

B.        IEPA shall notify IDOA in writing when a petition is submitted to IEPA invoking the "Procedures and Requirements for Conflict Resolution in Revising Water Quality Management Plans" (35 Ill. Adm. Code 351).  In turn, IDOA shall notify in writing the appropriate Soil and Water Conservation District (S&WCD).  Notification shall include:

 

1.         Those instances which would revise the Water Quality Management Plans (WQM) as outlined in 35 Ill. Adm. Code 351.103.

 

2.         Those instances where exceptions to boundaries for FPA's may be granted without revising the WQM Plan as discussed in 35 Ill. Adm. Code 351.502.

 

Adequate notification shall be given to enable IDOA and the S&WCD to review the petition and participate as outlined in 35 Ill. Adm. Code 351.

 

C.        When the project converts or has the potential to convert farmland, IDOA shall encourage the local S&WCD to participate in providing inputs into:

 

1.        IEPA regulatory programs covered by P.A. 82-682 (facility sitting under the Environmental Protection Act); and

 

2.        Issues covered by 35 Ill. Adm. Code 351.

 

D.       IEPA will notify IDOA in writing of permit applications received for the development and operation of new municipal waste landfills not subject to the facility sitting provisions of P.A. 82-682.

 

E.        IEPA will notify IDOA in writing of submitted permit applications that pertain to new facilities or modifications to existing facilities which are located outside of approved facility planning areas.

 

F.        IEPA shall inform applicants for Wastewater Construction Grants of existing farmland protection policies and of information required on grant applications in accordance with the National Environmental Policy Act.  Data required by the Agriculture and Food Act of 1981, P.L. 97-98, shall be solicited by the applicant from the U.S.D.A. Soil Conservation Service.  In cases where these data are not available from SCS, IDOA shall endeavor to provide the necessary information to the applicant to complete the application where possible.

 

G.       IDOA shall provide IEPA with current maps of the highest quality available, delineating the boundaries of all approved Agricultural Areas in the State.

 

H.       Should either agency experience changes in policy or procedures which would alter the manner in which the agreement would be executed, the other agency shall be informed for the purpose of negotiating a new agreement.

 

(May, 1988; revised)

 

(Source:  Amended at 13 Ill. Reg. 3653, effective March 13, 1989)

 

Section 700.APPENDIX H   Illinois Department of Mines and Minerals' Agricultural Land Preservation Policy Statement

 

In response to the Farmland Preservation Act (Ill. Rev. Stat. 1985, ch. 5, par. 1301 et seq.), signed into law by Governor Thompson on August 19, 1982, the Department of Mines and Minerals hereby submits its Agricultural Land Preservation Policy.

 

POLICY

 

It is the Department's policy, in executing all of its functions, to protect and restore prime farmland and high capability land to the extent practicable.

 

DEPARTMENT PROGRAMS IMPACTING FARMLAND

 

Unlike many other state agencies, the Department does not acquire land, nor does it construct roads or buildings.  The Department issues permits to drill wells (oil, gas and water) and to mine minerals, both coal and aggregate.

 

The oil, gas and water activities affect a minimal amount of farmland. The greatest effect from such activities are brine spills from pipeline breaks leading to saltwater disposal wells and saline runoff from other unauthorized sources.  The Department issues approximately 2000 permits a year in connection with oil and gas production and water injection or brine disposal activities.  The present policy is to phase-out all unlined surface evaporation pits which will reduce the amount of farmland being utilized for this purpose.  The Department is committed to enforcement of this policy through 62 Ill. Adm. Code 240:  Subpart I (Rule IX of the Oil and Gas Rules).  Further, 62 Ill. Adm. Code 240.1170 requires that after proper plugging and abandonment, the area shall be cleared of all refuse material, burnt waste oil, drain and fill all excavations, remove concrete bases, machinery and material, and level the surface within 6 months and the area restored as nearly as possible to the condition encountered prior to when operations commenced.

 

With respect to aggregate mines, it is virtually impossible to protect agricultural land completely because all that remains after mining is a pit, which usually fills with water.  In such a case, there is an inevitable trade-off between agricultural land, if it is involved, and sand and gravel needed for construction and maintenance of roads and buildings. It would be difficult to issue permits only to sites not containing farmland, since sand and gravel deposits do not necessarily occur in economically recoverable quantities only under nonagricultural surface lands.

 

The Department's activities with respect to surface coal mining have long taken into account preservation of agricultural land.  Stringent cropland reclamation requirements, such as Rule 1104 (now 62 Ill. Adm. Code 1825.12), have been imposed in 1976.

 

These requirements were the precursors to the prime farmland reclamation requirements in the Federal Surface Mining Control and Reclamation Act of 1977 (Federal Act) (30 U.S.C. 1201 et seq.).

 

Pursuant to Section 503 of the Federal Act, Illinois sought and gained approval from the Secretary of the United States Department of the Interior on June 1, 1982, of a state administered program granting Illinois exclusive jurisdiction over surface coal mining operations in Illinois.

 

Implementation of this permanent program has resulted in the two-tiered system for restoration of cropland affected by surface mining activities in Illinois.

 

The prime farmland provisions of the program address reclamation of soils meeting the definition of prime farmland set forth by the Secretary of the United States Department of Agriculture (7 C.F.R. 657.5 (1987)).  While these soils must meet the federal definition of prime farmland, these soils are generally Class I and II soils as defined by U.S. Soil Conservation Service, Handbook 210, "Land Capability Classification" (1973, U.S. Department of Agriculture, Washington, D.C.).  The prime farmland permitting and performance standard requirements (62 Ill. Adm. Code 1785.17 and 1823) are all geared toward ensuring mined prime farmland soils are as productive after mining as they were prior to mining. Post-mining productivity of reclaimed prime farmland soils is determined pursuant to the Agricultural Land Productivity Formula (A.L.P.F.) (62 Ill. Adm. Code 1816. Appendix A) developed by the Illinois Department of Agriculture.  The post-mining land use of prime farmland soils must be cropland.  Incorporations by reference in this Appendix do not include any later amendments or editions.

 

The second tier of the program includes soils exempted from the prime farmland requirements and all other soils capable of row-crop production. These are all soils included in Handbook 210, Classes I through III, and those Class IV soils with slopes of five (5%) percent or less.  These soils are treated as high capability soils and must meet the permitting and performance standards for such soils.  The program requirements for these soils are designed to ensure prime farmland soils grandfathered after July, 1982, are as equally productive after mining as before mining and the remaining high capability soils are ninety (90%) percent as productive after mining.  The A.L.P.F. is also utilized to determine post-mining productivity of these soils.

 

For prime farmland soils, the A.L.P.F. requires equivalent post-mining productivity be demonstrated a minimum of three (3) crop years.  One (1) year of the three (3) years must be at least year five (5) of the minimum five (5) year revegetation responsibility period.  Also, corn must have been the successful crop grown for at least one (1) year.

 

The A.L.P.F. requires high capability soils achieve ninety (90%) percent productivity post-mining for a minimum of two (2) crop years.  One (1) year of the two (2) years must be at least year five (5) of the five (5) year minimum revegetation responsibility period.  Corn must be grown successfully one (1) year.  The productivity standard for prime farmland grandfathered after July, 1982, is one hundred (100%) percent.  High capability soils reclaimed to hayland or pasture must meet the above requirements but in tons per acre rather than bushels per acre.

 

In addition to requiring restoration of cropland affected by surface mining activities, the State's mining program also requires restoration of cropland affected by subsidence of underground coal mine workings.  Cropland affected by subsidence must be restored to the same capability to produce crops that existed before subsidence occurred.  Generally, subsidence damage to cropland is limited to interruption of internal or surface drainage that in most cases is restorable by reestablishment of drainage tile or surface structures.

 

The Illinois Department of Agriculture has reviewed permit applications, commenting upon foreseeable agricultural impacts, since 1978, and will be doing so in the future on a continuing basis, in accordance with an Interagency Agreement.

 

Although many acres of prime farmland and high capability soils are affected by surface coal mining operations, the effect is only temporary, unlike the effects of road building, airport and other industrial construction, and urbanization in general.  In fact, many acres of mined land are now producing rowcrops, wheat and corn being the most successful crop to date.  Many more acres have been returned to pastureland, which also constitutes an agricultural use of land.

 

It would be impossible to wholly eliminate the effect of coal mining on agricultural lands in Illinois because prime farmland and high capability soils occur over most of the state in varying quantities.  However, the Department's coal reclamation regulations, in addition to the involvement of the Illinois Department of Agriculture in the review of permit applications, probably represents the most recognition and protection of agricultural land afforded by any state agency in Illinois, next to the Department of Agriculture itself.

 

CONCLUSION

 

The Department presently has regulations which provide for protection and restoration of agricultural lands, and is committed to the spirit and letter of those regulations.  To date, we have had a good working relationship with the Illinois Department of Agriculture, and we anticipate that this cooperation will continue.

 

(June 1987; revised)

 

(Source:  Amended at 11 Ill. Reg. 18569, effective November 2, 1987)

 

Section 700.APPENDIX I   Illinois Department of Transportation's Agricultural Land Preservation Policy Statement and Cooperative Working Agreement

 

PREFACE

 

The Farmland Preservation Act (Ill. Rev. Stat. 1991, ch. 5, par. 1301 et seq.) [505 ILCS 75] requires the Department of Transportation (DOT) and nine other State agencies to develop a policy statement specifying the agency's policy toward farmland preservation.  The following statement has been prepared in response to that requirement.  A working agreement has also been prepared to describe the administrative process that will be used to implement the policy.  The Agricultural Land Preservation Policy prepared in response to Executive Order 80-4, signed by Governor James R. Thompson on July 22, 1980, will also remain in effect in accordance with Section 4 of the Farmland Preservation Act.

 

POLICY

 

Recognizing that its transportation objectives must be in concert with the overall goals of the State, it is the policy of the DOT, in its programs, procedures, and operations, to preserve Illinois farmland to the extent practicable and feasible, giving appropriate consideration to the state's social, economic, and environmental goals.

 

BACKGROUND/PERSPECTIVE

 

Highways, rail systems, airports, and port terminals by their nature, occupy land.  The extent that transportation facilities will occupy today's farmland in the future primarily will depend on the DOT's programs, safety and operational requirements, and the degree to which a responsible balance is established among the various development and preservation interests of the State of Illinois.

 

With the existence of a comprehensive and largely complete transportation system in Illinois, the DOT's major program emphasis is directed toward preservation and rehabilitation of existing facilities, rather than expansion.  Rehabilitation of the system for full and effective use, however, will require some additional land acquisitions to satisfy current safety and operational requirements.  A limited number of new or expanded transportation facilities will be required in order to attract business and industry and improve service and access to Illinois markets.  Expansion efforts must be carefully managed to preserve the agricultural community while serving the rural areas of the State.

 

In the past, new transportation facilities often were constructed on farmlands.  This was due, in part, to a number of Federal laws and regulations pertaining to the protection of other sensitive areas, such as flood plains, wetlands, wildlife habitats, etc.  Special protection is also provided for parks and historic sites.  Federal law requires that such lands not be used for Federal-aid highway purposes, unless no feasible and prudent alternative is available.  Executive Order 80-4 and the Farmland Preservation Act increase the protection afforded farmland, so that it is commensurate with the importance of the resource.

 

AGRICULTURAL IMPACTS OF HIGHWAY CONSTRUCTION

 

During FY 92, approximately 280 acres of agricultural land were purchased for the State highway system.  This represents slightly less than 1 percent of the total farmland acquired or impacted during that period by the 10 State agencies regulated by the Farmland Preservation Act.  It is anticipated that future conversions of farmland for highway purposes will average less than 1,000 acres per year.

 

The rate of farmland conversion for highway usage is expected to remain near current levels for three reasons.  First, the current emphasis on rehabilitation of the existing system is expected to continue in the future.  Because much of today's system was constructed in the 1920's and 1930's, an extensive and continuing program is necessary to rehabilitate and replace narrow and deteriorated bridges and pavements. Such a program is not expected to require significant land acquisitions. Secondly, certain mitigating factors for reducing adverse agricultural impacts already have been introduced into highway designs, and more are expected.  For example, current design practices now encourage use of narrower medians and smaller interchanges. The third reason is the increased importance given agricultural conversions in decisions regarding highway projects.

 

AGRICULTURAL IMPACTS OF AIRPORT DEVELOPMENT

 

The publicly owned State airport system currently consists of 79 airports, serving 51 air carrier or commuter airlines and thousands of private pilots.  The public airports outside Chicago occupy 39, 089 acres.  Since 1983, public airports have acquired 4,433 acres, often without State financial support.

 

With a few exceptions, the system of airports envisioned in the State Airport System Plan is in place.  Scott Air Force Base near Belleville, Illinois will be expanded within the immediate future to accommodate joint military-civilian operations.  Studies are in progress for a third major airport to serve the Chicago area and its environs.  In addition, construction of four or five new small airports is anticipated over the next 20 years.  Limited expansion of existing airports will also be undertaken. Safety requirements of proposed airport projects will be balanced with an analysis of farmland impacts as required by Executive Order 80-4, the Farmland Preservation Act, and this Departmental Policy Statement.

 

AGRICULTURAL IMPACTS OF RAILROADS

 

The Illinois railroad system is a mature network of approximately 7,900 route miles (as of January 1, 1992) which includes mainlines and branchlines.  This system has been gradually shrinking over the years as light density lines are abandoned and traffic is concentrated on fewer lines.  Occasionally, the net result of branchline abandonment has been an increase in the amount of land in agricultural production since abandoned right-of-way can be restored to farmland usage.

 

The DOT does not own or operate railroad lines and does not exercise jurisdiction over most railroad projects which might affect farmland.  However, in those instances where future Departmental decisions regarding railroad projects might impact the State's farmland resources, due consideration will be given to preserving agricultural land and minimizing adverse impacts on its productive capacity.

 

AGRICULTURAL IMPACTS OF WATER RESOURCES PROJECTS

 

Water resources projects, such as reservoirs, waterways, levees, and flood channels, involve land taking and damages and may cause production losses through conversion of farmland. However, the DOT's projects in recent years have concentrated on urban flood control.  Where farmland is involved, a special evaluation will be made of the related impacts.

 

Some projects requiring DOT permits have the potential to cause increased flood damages on adjacent farmland.  Flood impacts on adjacent farmland uses are considered, and permits are conditioned or denied in order to minimize such damages.

 

IMPACT MITIGATION

 

The DOT is committed to initiating special measures when transportation projects affect agricultural lands. Design standards are periodically reviewed and revised, and the new standards tend to favor minimal land acquisition, taking only those lands needed for construction and maintenance.  For example, standardized right-of-way requirements for certain types of highways have been eliminated in favor of flexible requirements that stipulate acquisition of only those lands essential for construction and maintenance. The DOT will place a high priority on selecting lands which are not Prime farmlands for wetland mitigation purposes in devising wetland compensation plans.  Consideration will also be given to mitigating wetland impacts on publicly owned lands (State or federal lands).  Where land is purchased to prevent developments incompatible with transportation system safety or noise standards, such as land adjacent to airports, the DOT will give priority to acquiring easements on its own projects and will encourage other agencies to acquire only the development rights in the surrounding areas, so that the acreage can continue in agricultural use.

 

Planning studies for transportation or water resources projects will include an early determination of the potential for farmland impacts.  The DOT will carefully consider the impacts of farmland conversion on the agricultural economy of the State.

 

Studies conducted in conjunction with transportation and water resources projects will include coordination and consultation with the Illinois Department of Agriculture and, when appropriate, other agricultural representatives.  This interdisciplinary approach should assure that the impacts of DOT projects on the agricultural community are adequately and accurately assessed.

 

Although the DOT's mitigation measures will not necessarily eliminate the conversion of farmland to non-agricultural purposes, impact analysis and coordination will assure that a given conversion is consistent with our programmatic responsibilities, Executive Order 80-4, and the Farmland Preservation Act.

 

Illinois Department of Transportation – Illinois Department

of Agriculture Cooperative Working Agreement

 

Pursuant to Section 4 of the Farmland Preservation Act, the Illinois Department of Transportation ("DOT") and the Illinois Department of Agriculture ("DOA") hereby mutually agree to the following:

 

1.         This Cooperative Working Agreement ("AGREEMENT") sets the guidelines for the implementation of the DOT's Agricultural Land Preservation Policy.

 

2.         This AGREEMENT shall apply to those projects which the DOT authorizes, or in which it participates, except the following:

 

a)         Those non-linear (spot) projects acquiring 10 acres or less of land;

b)         Those linear projects acquiring 3 acres or less of land per project mile;

c)         Those projects located within the boundary of an incorporated municipality;

d)         Those projects located within the official one and one-half mile planning area of the comprehensive plan, if one exists, of an incorporated municipality;

e)         Current projects as described by Section 7 of the Farmland Preservation Act.

 

3.         The DOT agrees to notify, in writing, the DOA of projects that will have an impact on farmland in Illinois.  The notice from the DOT should always be sent to the DOA within the location and environmental study phase and prior to the holding of any public hearings related to the project.  This notice may be accomplished by the transmission of documents such as, but not limited to, the following:

 

a)         proposed airport layout plans,

b)         draft and final environmental analyses,

c)         Illinois Rail Plan,

d)         FY      Highway Improvement Plan,

e)         Water Resources Planning Reports, and

f)         documents containing project descriptions.

 

4.         The DOA shall determine, within 10 days, whether a Study of Agricultural Impacts is needed or not.  When DOA finds that such study is necessary, the study shall be conducted as provided in paragraph 8 below.

 

5.         The DOT will update its notices of farmland impacts as plans are changed and new information becomes available.

 

6.         The DOT will cooperate in DOA's preparation of its annual report to the Governor and to the General Assembly on the amount of farmland converted to non-agricultural uses as a result of State action.  The DOA will attempt to advise the DOT of the type of information needed a year in advance of the request for that information.

 

7.         The DOT will mitigate the agricultural impacts of its projects covered by this AGREEMENT as provided in the Illinois Department of Transportation Agricultural Land Preservation Policy and its subsequent amendments. Minimum median widths and compressed diamond interchanges are representative of the mitigative measures that reduce the adverse impacts of highway construction on agricultural resources.  The DOT will place a high priority on selecting lands which are not Prime farmlands for wetland mitigation purposes in devising wetland compensation plans.  Consideration will also be given to mitigating wetland impacts on publicly owned lands (State or federal lands). In accordance with Sections 2 and 3 of this AGREEMENT, wetland compensation plans will be furnished to the DOA for review to determine compliance with the Farmland Preservation Act.

 

8.         The DOA further agrees to the following:

 

a)         To follow its project review process contained in its "Agricultural Land Preservation Policy" as amended, or other procedures upon which the parties have agreed, in carrying out its reviews under this AGREEMENT;

b)         To complete its review of DOT projects within 30 days after notice with all required project information from the DOT;

c)         To provide information and assistance to the DOT and its consultants upon request; and

d)         To provide its comments in accordance to the procedures specified in the relevant documents or as otherwise agreed between it and the DOT.

 

9.         The Illinois Departments of Agriculture and Transportation further agree that this AGREEMENT shall bind each only to the other and creates no rights in third parties.

 

10.       All changes to this AGREEMENT shall be made after consultation with, and concurrence by, both parties.

 

11.       This AGREEMENT shall become effective upon its signature by the Secretary of Transportation and the Director of Agriculture and shall remain in effect until 30 June 1996.

 

(Source:  Amended at 17 Ill. Reg. 19469, effective October 29, 1993)

Section 700.APPENDIX J   Illinois Commerce Commission's Agricultural Land Preservation Policy Statement and Cooperative Working Agreement

 

PREFACE

 

On August 19, 1982, Governor James R. Thompson signed into law the Farmland Preservation Act (Ill. Rev. Stat. 1985, ch. 5, par. 1301 et seq.), which required the Illinois Commerce Commission to develop an Agricultural Land Preservation Policy Statement and Cooperative Working Agreement. The following Policy Statement and Working Agreement are submitted in accordance with the Act.

 

POLICY

 

Recognizing that the objectives of the Illinois Commerce Commission must be in accord with the overall goals of the state and of the requirements of The Public Utilities Act (Ill. Rev. Stat. 1985, ch. 111⅔, par. 8-406 and 8-509) and the Illinois Commercial Transportation Law (Ill. Rev. Stat. 1985, ch. 95½, par. 18c-8201 and 18c-8401), it is the policy of the Illinois Commerce Commission, in carrying out its regulatory responsibilities, to preserve Illinois farmlands to the extent practicable and feasible, giving appropriate consideration to the state's social, economic, conservation, aesthetic, environmental and energy goals, all subject to court review for compliance with the Act.

 

BACKGROUND AND PERSPECTIVE

 

Under Section 8-406 of The Public Utilities Act or Section 18c-8201 of the Illinois Commercial Transportation Law, no utility or common carrier by pipeline may begin construction of any new plant, equipment or facility, which is not in substitution of and/or addition to or extension of existing facilities, without first obtaining a Certificate of Public Convenience and Necessity from the Commission.  Under Section 8-509 of The Public Utilities Act or Section 18c-8401 of the Illinois Commercial Transportation Law, a utility or common carrier by pipeline may take or damage private property in a manner provided by the law of eminent domain when directed by the Commission to construct facilities requiring the use of private property.  The Illinois Commerce Commission does not acquire any land on its own behalf for capital improvements.

 

IMPACT MITIGATION

 

Pursuant to the provisions of The Public Utilities Act and the Illinois Commercial Transportation Law, the Illinois Commerce Commission has established rules under which utilities and common carriers by pipeline may seek Certificates of Public Convenience and Necessity.  Included within these rules are notice requirements to interested parties.  The Commission also conditions certificates granted for cross-country electric transmission lines so as to limit the impact upon farming operations to a minimum level.

 

Notice of all certificate applications filed by fixed utilities and common carriers by pipeline will be provided to the Illinois Department of Agriculture by mailing a copy of the Daily Filing Reports to the Department.  Upon request by the Department to the Chief Clerk's Office, the Chief Clerk's Office will mail notice of hearings and other activities with respect to any filed certificate application proceeding pending before the Commission.  The Department of Agriculture may, at its option, seek to be a party to any certificate proceeding.

 

If a project is to be located outside the corporate boundaries of a municipality and will require the purchase of an easement or land by fee simple acquisition, evidence to be presented by the utility or common carrier by pipeline in a certificate application shall include the following information, provided a site-specific project (e.g., power generating plant) will require more than 1 acre of land, or a linear-type project (e.g., electric transmission line) will require 3 acres or more of land per project mile:

A)        For linear-type projects:

1)         What length will be placed entirely on public right-of-way?

2)         What length will be placed in whole or in part upon privately owned land?

3)         What is the easement width needed?

B)        On privately owned land in which easements will be purchased:

1)         What is the location of easements which must be purchased, as indicated on a general county highway map(s)?

2)         What is the current land use listed by acreage of crop land, pasture land, wooded or brushy land, or other land?

C)        On privately owned land to be purchased via fee simple acquisition:

1)         What is the location of the land which must be purchased via fee simple acquisition as indicated on a general county highway map(s)?

2)         What is the current land use listed by acreage of crop land, pasture land, wooded or brushy land, or other land?

3)         What is the proposed use of the land by the utility?

D)        From how many private land owners must land be purchased:

1)         Via easements?

2)         Via fee simple acquisition?

E)        For underground facilities:

1)         How many inches of top cover will be placed above the top of the buried facility?

2)         To what extent will the utility seek to discover field title damaged by construction operations anywhere within the construction easement and additional working rights area?

3)         What method will be employed in repairing damaged field tile?

F)         For electric transmission/distribution projects utilizing above-ground structures:

1)         What type of support structures are proposed?

2)         How many support structures will be placed on each of the following land uses?

a)         Crop land.

b)         Pasture land.

c)         Wooded or brushy land.

d)         Existing utilization lines (field borders, farm roads, grassed waterways, etc.).

e)         Public right-of-way.

f)         Other lands.

3)         If the electric line parallels public right-of-way, but is to be placed on private land, how far from the edge of the right-of-way will the center line of the support structure be placed?

4)         To what extent will the utility seek to discover field tile damaged by construction operations anywhere within the construction easement and working rights area, and how will damaged tile be repaired?

G)        On lands disturbed by construction, what methods will the utility employ to:  

1)         Restore soil productivity, including the alleviation of soil compaction, on crop land, pasture land, or wooded or brushy land once construction has been completed?

2)         Restore surface drainage and repair damaged conservation practices once construction has been completed?

3)         Control excessive erosion during and after construction?

4)         Ensure that all construction debris is removed once construction has been completed?

H)        What is the responsibility of the utility to correct or compensate landowners for damages to private property or crops caused by construction and future maintenance or repair?

 

IMPACT STATEMENT

 

Pursuant to Section 8-406(b) of The Public Utilities Act, "no public utility shall begin the construction of any new plant, equipment, property or facility which is not in substitution of any existing plant, equipment, property or facility or extension thereof or in addition thereto, unless and until it shall have obtained from the Commission a certificate that public convenience and necessity require such construction."

 

Pursuant to Section 18c-8201(1)(a) of the Illinois Commercial Transportation Law, no person shall begin or continue construction of any pipeline or other facilities, other than the repair or replacement of existing pipelines or facilities, for use in operation as a common carrier by pipeline unless the person possesses a certificate in good standing.

 

Many construction projects are in substitution of existing facilities or extensions to existing facilities or additions to existing facilities.  For this reason, most construction projects do not require approval by the Commission.

 

The Commission has no knowledge of the amount of farmland conversion that occurred under these exceptions to the Act.  Land conversions reported under this impact statement are, therefore, limited to conversion associated with certificate applications filed with the Commission during the years 1978 through 1986.

 

Electric

(certificates applied for)

 

Year	Number of Applications	Estimated Acres of Land Conversion	Estimated Miles of Rights-of-Way With Partial Land Conversion
1978	12	N/A	82 Est.
1979	8	N/A	32 Est.
1980	7	N/A	38 Est.
1981	3	N/A	24 Est.
1982	2	N/A	40 Est.
1983	5	N/A	45 Est.
1984	None
1985	8	.300 Est.	30 Est.
1986	4	40 Est.	62 Est.

 

N/A – Not readily available but the acres converted were negligible.

Est. – Estimated.

Electric co-operatives and municipal utilities are not subject to the Illinois Commerce Commission's jurisdiction and do not need certificates from the Commission.

 

Gas

(certificates applied for)

 

Year	Number of Applications	Estimated Acres of Land Conversion	Estimated Miles of Rights-of-Way With Partial Land Conversion
1978	0	0	0
1979	3	0	26
1980	3	0	4
1981	None
1982	None
1983	1	N/A
1984	None
1985	1	N/A	5 Est.
1986	3	3.0 Est.	10 Est.

 

Telephone

(certificates applied for)

 

Year	Number of Applications	Estimated Acres of Land Conversion	Estimated Miles of Rights-of-Way With Partial Land Conversion
1978	Certificate applications to provide telephone service to new land areas are nonexistent inasmuch as the total land area of Illinois is assigned the present operating telephone companies.
1979
1980

 

Water and Sewer

(certificates authorized)

 

Year	Number of Applications	Estimated Acres of Land Conversion		Estimated Miles of Rights-of-Way With Partial Land Conversion
1978	19	N/A	N/A
1979	22	N/A	N/A
1980	4	N/A	N/A
1981	4	N/A	N/A
1982	3	N/A	N/A
1983	5	N/A	N/A
1984	2	N/A	N/A
1985	5	N/A	N/A
1986	6	N/A	N/A

 

N/A – Not readily available.

 

Water utilities obtain certificates to serve areas. Nearly all new subdivisions are adjacent to existing built-up areas. The lands to be served are already platted for subdivisions. Acres are not readily available. Of the 9 certificate applications containing references to acres, we found that 624 acres were covered by the applications to serve 1,587 residential and commercial units. Another application covered 6,700 acres by a development company but didn't list the units to be served in the heading of the case.

 

Common Carrier by Pipeline

 

Year	Number of Applications	Estimated Acres of Land Conversion	Estimated Miles of Rights-of-Way With Partial Land Conversion
1986	1	1.20	110 Est.

 

ILLINOIS COMMERCE COMMISSION

COOPERATIVE WORKING AGREEMENT

 

Pursuant to Section 4 of the Farmland Preservation Act, the Illinois Commerce Commission (ICC) and the Illinois Department of Agriculture (DOA) hereby agree to the following:

 

1.        A copy of the Daily Filing Reports, which identify all certificate applications submitted to the ICC by the fixed utilities and common carriers by pipeline, will be provided to the DOA for the duration of this agreement.

 

2.        The DOA will review the reports to determine if the certificate applications qualify for the DOA's Study of Agricultural Impacts (8 Ill. Adm. Code 700.Appendix A:  Exhibit B).

 

3.        Detailed project impact information relative to certificate applications is not available from the ICC.  Therefore, the DOA will submit a request to the respective utility or common carrier by pipeline to obtain the needed data for the required Study of Agricultural Impacts.

 

4.        The DOA may exercise its option to seek to intervene in certificate application proceedings.  If a utility or common carrier by pipeline is unwilling to provide project impact information that is required for the Study of Agricultural Impacts, the DOA will petition the ICC to direct the utility or common carrier by pipeline to submit said information.

 

5.        Pursuant to its role as Intervenor, the DOA will submit written and oral testimony to the ICC which reflects the results of the Study of Agricultural Impacts.

 

6.        The ICC will consider the results of the DOA's study in determining whether a Certificate of Public Convenience and Necessity will be issued and/or modified for the project proposal.

 

7.        All changes to this cooperative agreement shall be made after consultation with and concurrence by both parties.

 

(Source:  Amended at 11 Ill. Reg. 19011, effective November 10, 1987)