(505 ILCS 35/2-1) (from Ch. 5, par. 2402-1)

Sec. 2-1. Save Illinois Topsoil Program. The Director, in consultation with the Director of Natural Resources, may establish and administer the Save Illinois Topsoil Program, which shall be based on its potential for fish and wildlife habitat establishment, protection or both establishment and protection, reducing soil erosion and protecting water quality. Land may be placed in the Save Illinois Topsoil Program provided:

(a) the land is marginal agricultural land or adjacent to marginal agricultural land and beneficial to natural resource protection or necessary for efficient recording of the land description;

(b) the land is at least 5 acres in size or is a whole field as determined by the Director;

(c) the land was in agricultural crop production or pasture for at least 2 years during the period 1981 to 1986;

(d) the land has an approved management plan;

(e) the land is subject to a conservation easement which is permanent or of limited duration in increments of 5 years for a period of not less than 10 years nor more than 50 years;

(f) the conservation easement is filed for record in the Office of the Recorder of each county where the easement is located;

(g) the conservation easement allows for repairs, improvements and inspections necessary to maintain public drainage systems provided the easement area is restored to the condition required by the terms of the conservation easement and approved management plan; and

(h) the landowner agrees in writing:

(1) to convey to the State a conservation easement that is not subject to any prior title, lien or encumbrance;

(2) to seed, plant and manage the land subject to the conservation easement as specified in the agreement and approved management plan;

(3) that other land supporting natural vegetation owned or leased during the term of the easement and covered by the approved management plan will not be converted to agricultural crop production or pasture if it supports natural vegetation or has not been used in agricultural crop production or pasture; and

(4) that all agreements made pursuant to this Article may be enforced by an action for specific performance, a mandatory injunction, or for damages in an amount not to exceed the total amount paid by the State to the landowner under Section 2-2, with interest from the date of each default under the agreement.

(Source: P.A. 89-445, eff. 2-7-96.)