Biological Diversity Policy

Illinois has no formal biodiversity policy. However, the Strategic Plan of the Department of Natural Resources emphasizes an ecosystem approach to natural resources management. A comprehensive environmental initiative passed in 1995 will provide funding for implementation of an ecosystem program that will provide technical and financial support to local partnerships undertaking ecosystem projects.

Status of Biodiversity Science

Illinois does not have a coordinated assessment system in place. Instead, the state relies primarily on its Natural Heritage Database and GAP, which is administered by the Illinois Department of Natural Resources.

Endangered Species

Illinois has an endangered species law that covers plants and animals. (Ill. Rev. Stat. ch. 520, para. 10/1 et seq.) Listing of species is based on scientific evidence. The act does not require recovery plans or critical habitat designation, although state and local government consultation is required by regulation. Violations constitute a class A misdemeanor, including penalties of up to one year in prison and/or a $10,000 fine.

State Agency Management for Biodiversity

State-owned Lands

The Department of Natural Resources, beginning in 1995, is following a management plan entitled Conservation 2000, calling for ecosystem monitoring and long-range planning. The Department also uses native plants almost exclusively for its planting programs to benefit wildlife and restore natural habitats.

Cooperative Efforts

By statute, officers of adjoining states may enforce ten Illinois laws related to natural resources and the environment. (Ill. Rev. Stat. ch.20, para. 805/63b2.6) In addition, in qualifying watersheds, where local partnerships have formed to develop regional approaches to natural resource management, the Department of Natural Resources is shifting its management planning process to an integrated, cross-disciplinary, team approach.

State Agency Training

Illinois has no identified programs of agency personnel training for biodiversity.

Impact Assessment

Illinois does not have a "little NEPA," requiring assessment of major proposed agency impacts on biological resources. However, the Interagency Wetlands Policy Act of 1989 requires state agencies to compensate when negative impacts on wetlands are unavoidable. The Natural Areas Preservation Act requires agencies of state and local governments to consult with the Illinois Department of Natural Resources when actions are likely to jeopardize designated natural areas. In addition, a memorandum of understanding between the Department of Transportation and the Department of Natural Resources requires the Department of Transportation to conduct a natural resource review of their project before construction.

Habitat Acquisition

Illinois has programs designed to acquire lands important because of their diversity and wildlife values. The acquisition of these areas is funded by the dedication of 15 percent of a real estate transfer tax to the Natural Areas Acquisition Fund and has generated $4.5 million per year for the past three years. (Ill. Rev. Stat. ch. 525, para. 30/1 et seq.) The Illinois Conservation Enhancement Act (Ill. Rev. Stat. ch. 505, para. 35/1-2) has two programs funded by general obligation bonds, supported by a Critical Habitat Private Sector Matching Fund. (Ill. Rev. Stat. ch. 505, para. 35/5 et seq.) The Habitat Endowment Act uses private donations and other funds to acquire high quality habitat for wildlife. (Ill. Rev. Stat. Ch. 520, para. 25/1 et seq.) Finally, the Illinois Nongame Wildlife Protection Act generates funds for the protection of nongame wildlife habitat, and is funded by a state income tax check-off.

Private Land Conservation

Illinois has numerous programs and incentives to protect land for wildlife. Some examples include the Stewardship Initiative Plan, which assists private landowners to more actively manage their forest and related resources. The Forest Management Assistance Program protects private and public rural and urban forests to improve their quality and quantity. (Ill Rev. Stat. ch. 20, para. 805/63a8) The Natural Heritage Landmarks program recognizes landowners who voluntarily preserve their land. (Ill. Rev. Stat. ch. 525, para. 30/1 et seq.) The Private Land Wildlife Habitat Program's objective is to protect wildlife habitat on private land. (Ill. Rev. Stat. ch. 520, para. 5/1 et seq.) The State's Nature Preserves Commission has a landowner program that contacts owners of land with statewide significance to protect their property. Types of protection offered include dedication as a nature preserve, with property taxes reduced to $1 per acre.

Exotic Species

Illinois has provisions designed to control the introduction and spread of exotic plant and animal species. The Exotic Weed Act prohibits the sale and planting of designated exotic weeds and requires a permit for possession of exotic plants. (Ill. Rev. Stat. ch. 525, para. 10/1 et seq.) Regulations govern the import of exotic wildlife that pose a threat of disease or contamination to native populations, requiring a veterinary inspection. Violations are class B misdemeanors, with penalties of one to six months in prison and/or a $500 fine.

Predator or Animal Damage Control Activities

Illinois' animal damage control program is operated cooperatively with the federal government. The federal agency provides technical assistance on various problems, primarily migratory birds. The state handles local problems. In addition, landowners with written permission from the state can kill nongame animals destroying property. (Ill. Rev. Stat. ch. 520, para. 5/2.37)

Additional Legal Protections for Biodiversity

The state constitution provides that it is public policy to provide and maintain a healthful environment for this and future generations. (Ill. Const. art. Xl, 1)

The state constitution gives citizens the right to sue to protect the environment. (Ill. Const. art. Xl, 2)

Related Issues

Illinois has programs of public education for wildlife and biodiversity. In addition to a formal environmental education policy and the use of such programs as Project WILD, the Center for Biodiversity within the Natural History Survey promotes biodiversity education of the state's citizens. The state published a wildlife viewing guide, although it is not part of the Watchable Wildlife Program.

Illinois does not currently have a takings law. However, a bill that was introduced into the 1995 legislative session and defeated may be reintroduced into the 1996 session. The bill would require an analysis of whether a proposed rule constitutes a taking.

Contacts:

Department of Agriculture
State Fairgrounds
P.O. Box 19281
Springfield, IL 62794-9281
217-782-9272

Department of Conservation
Lincoln Tower Plaza
524 S. 2nd St.
Springfield, IL 62701-1787
217-782-6302

Illinois Natural History Survcy Division
172 Natural Resources Bldg.
607 E. Peabody Dr.
Champaign, IL 61820
217-333-6880

Nature Preserves Commission
524 S. Second St.
Lincoln Tower Plaza
Springfield, IL 62701-1787
217-785-8686