2005 Illinois Code - Chapter 20 Executive Branch 20 ILCS 862/ Recreational Trails of Illinois Act.
(20 ILCS 862/1)
Sec. 1.
Short title.
This Act may be cited as the Recreational Trails
of
Illinois Act.
(Source: P.A. 90‑287, eff. 1‑1‑98.)
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(20 ILCS 862/5)
Sec. 5.
Findings.
The General Assembly finds that:
(1) Recreation is an important industry in the State of Illinois and its
growth should be encouraged.
(2) The establishment and maintenance of recreational trails by the
State of Illinois is important for the promotion of recreation and
conservation.
(3) The federal government has emphasized the importance of recreational
trails by enacting the Symms National Recreational Trails Act of 1991 (P.L.
102‑240, Sec. 1301).
(4) Illinois should adopt a comprehensive recreational trails Act for
the establishment and maintenance of recreational trails.
(Source: P.A. 90‑287, eff. 1‑1‑98.)
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(20 ILCS 862/10)
Sec. 10.
Definitions.
As used in this Act:
"Board" means the State Off‑Highway Vehicle Trails Advisory Board.
"Department" means the Department of Natural Resources.
"Director" means the Director of Natural Resources.
"Fund" means the Off‑Highway Vehicle Trails Fund.
"Off‑highway vehicle" means a motor‑driven recreational vehicle capable of
cross‑country travel on natural terrain without benefit of a road or
trail, including an all‑terrain vehicle and off‑highway motorcycle as defined
in
the Illinois Vehicle Code. "Off‑highway vehicle" does not include a snowmobile;
a motorcycle; a watercraft; a farm vehicle being used for farming; a vehicle
used for military, fire, emergency, or law enforcement purposes; a construction
or logging vehicle used in the performance of its common function; a motor
vehicle owned by or operated under contract with a utility, whether publicly
or privately owned, when used for work on utilities; a commercial vehicle being
used for its intended purpose; snow‑grooming equipment when used for its
intended purpose; or an aircraft.
"Recreational trail" means a thoroughfare or track across land or snow,
used for recreational purposes such as bicycling, cross‑country skiing, day
hiking, equestrian activities, jogging or similar fitness activities, trail
biking, overnight and long‑distance backpacking, snowmobiling, aquatic or
water activity, and vehicular travel by motorcycle or
off‑highway vehicles.
(Source: P.A. 90‑287, eff. 1‑1‑98.)
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(20 ILCS 862/15)
Sec. 15. Off‑Highway Vehicle Trails Fund.
(a) The Off‑Highway Vehicle Trails Fund is created as a special fund in the
State treasury.
Money from federal, State, and private sources may be
deposited into the Fund.
Fines assessed by the Department of Natural Resources for citations issued to
off‑highway vehicle operators shall be deposited into the
Fund. All interest accrued on the Fund shall be deposited into the Fund.
(b) All money in the Fund shall be used, subject to appropriation, by the
Department for the following
purposes:
(1) Grants for construction of off‑highway vehicle
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recreational trails on county, municipal, other units of local government, or private lands where a recreational need for the construction is shown.
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(2) Grants for maintenance and construction of
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off‑highway vehicle recreational trails on federal lands, where permitted by law.
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(3) Grants for development of off‑highway vehicle
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trail‑side facilities in accordance with criteria approved by the National Recreational Trails Advisory Committee.
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(4) Grants for acquisition of property from willing
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sellers for off‑highway vehicle recreational trails when the objective of a trail cannot be accomplished by other means.
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(5) Grants for development of urban off‑highway
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vehicle trail linkages near homes and workplaces.
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(6) Grants for maintenance of existing off‑highway
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vehicle recreational trails, including the grooming and maintenance of trails across snow.
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(7) Grants for restoration of areas damaged by usage
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of off‑highway vehicle recreational trails and back country terrain.
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(8) Grants for provision of features that facilitate
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the access and use of off‑highway vehicle trails by persons with disabilities.
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(9) Grants for acquisition of easements for
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off‑highway vehicle trails or for trail corridors.
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(10) Grants for a rider education and safety program.
(11) Administration, enforcement, planning, and
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implementation of this Act and Sections 11‑1426 and 11‑1427 of the Illinois Vehicle Code.
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Of the money used from the Fund for the purposes set forth in this
subsection, at least 92% shall be allocated for motorized recreation and not more than 8% shall be used by the Department for administration, enforcement, planning, and implementation of this Act or diverted from the Fund. The
Department
shall establish, by rule, measures to verify that recipients of money from
the Fund comply with the specified conditions for the use of the money.
(c) The Department may not use the money from the Fund for the
following purposes:
(1) Condemnation of any kind of interest in property.
(2) Construction of any recreational trail on
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National Forest System land for motorized uses unless those lands have been allocated for uses other than wilderness by an approved forest land and resource management plan or have been released to uses other than wilderness by an Act of Congress, and the construction is otherwise consistent with the management direction in the approved land and resource management plan.
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(3) Construction of motorized recreational trails on
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Department owned or managed land.
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(d) The Department shall establish a program to administer grants from the
Fund to units of local government, not‑for‑profit organizations, and
other groups to operate, maintain, and acquire land for off‑highway vehicle
parks that are open and accessible to the public.
(Source: P.A. 93‑1050, eff. 11‑16‑04.)
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(20 ILCS 862/20)
Sec. 20.
State Off‑Highway Vehicle Trails Advisory Board.
(a) There is created the
State Off‑Highway Vehicle Trails Advisory Board.
The Board shall consist of
5 members, one from each of the following organizations, except for the
Illinois off‑road riders and all‑terrain vehicle clubs, which shall have 2
members, appointed
by the Director from nominations submitted
by
the following organizations:
(1) The Department of Natural Resources, to vote |
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only in the case of a tie.
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(2) (Blank).
(3) The American Motorcycle Association.
(4) ABATE of Illinois.
(5) Illinois off‑road riders and all‑terrain vehicle
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The length of terms of members
shall be 2 years, beginning on January 1 and ending on December 31. The
Board shall meet beginning in January of 1998.
Procedures for conduct of the Board's business
shall
be established by the Department by rule. Two members of the Board shall also
be members of the Department's Illinois Trails Advisory Board.
(b) The Board shall evaluate and recommend to the Director recreational
trail projects for funding consistent with the purposes set forth in
subsection (b) of Section 15.
To the extent practicable and consistent with other
requirements of this Act, the Board and the Director shall give preference
to project proposals that:
(1) provide for the greatest number of compatible
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recreational purposes including, but not limited to, those described under the definition of "recreational trail" in Section 10;
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(2) provide for innovative recreational trail
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corridor sharing to accommodate motorized recreational trail use; or
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(3) provide for seasonal designation of trails.
(Source: P.A. 90‑287, eff. 1‑1‑98; 91‑441, eff. 1‑1‑00.)
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(20 ILCS 862/25)
Sec. 25.
Use of funds on private lands; conditions.
As a condition to
making available moneys for work on recreational trails that would affect
privately owned land, the Department shall obtain written assurances that
the owner of the property will cooperate and participate as necessary in
the activities to be conducted. Any use of moneys on private lands must be
accompanied by an easement or other legally binding agreement that ensures
public access to the recreational trail improvements funded by those moneys.
(Source: P.A. 90‑287, eff. 1‑1‑98.)
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(20 ILCS 862/45)
Sec. 45.
Public access sticker.
(a) Except as provided in subsection (b), after January 1, 1998, a person
may not operate and an owner may not give permission to another to operate an
off‑highway vehicle on land or lands or waters in public off‑highway vehicle
parks paid for, operated, or supported by the grant program
established under subsection (d) of Section 15 unless the off‑highway vehicle
displays an off‑highway vehicle public access sticker in a manner prescribed
by the Department by rule.
(b) An off‑highway vehicle does not need a public access sticker if the
off‑highway vehicle is used on private land or if the off‑highway vehicle is
owned by the State, the federal government, or a unit of local government.
(c) The Department shall issue the public access stickers and shall charge
the following fees:
(1) $30 for 3 years for individuals.
(2) $50 for 3 years for rental units.
(3) $75 for 3 years for dealer and manufacturer |
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demonstrations and research.
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(4) $50 for 3 years for an all‑terrain vehicle or
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off‑highway motorcycle used for production agriculture, as defined in Section 3‑821 of the Illinois Vehicle Code.
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(5) $50 for 3 years for residents of a State other
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than Illinois that does not have a reciprocal agreement with the Department, pursuant to subsection (d).
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(6) $50 for 3 years for an all‑terrain vehicle or
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off‑highway motorcycle that does not have a title.
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The Department, by administrative rule, may make replacement stickers available
at a reduced cost. These fees for public access stickers shall be deposited
into the Off‑Highway
Vehicle Trails Fund.
(d) The Department is authorized to enter into reciprocal agreements with
other states that have a similar off‑highway vehicle public access sticker
program to allow residents of such states to operate off‑highway vehicles on
land or lands or waters in public off‑highway vehicle parks paid for, operated,
or supported by the grant program established under subsection (d) of Section
15 without acquiring an off‑highway vehicle public access sticker in this State
pursuant to subsection (a).
(e) The Department may license vendors to sell
off‑highway vehicle public access stickers. Issuing fees may be set by
administrative rule.
(f) Any person participating in an organized competitive event on land or
lands in
off‑highway vehicle parks paid for, operated by, or supported by the grant
program
established in subsection (d) of Section 15 shall display the public access
sticker required
under subsection (c) of this Section or pay $5 per event. Fees collected under
this
subsection shall be deposited into the Fund.
(g) The Department is authorized to modify any
or all provisions of this Section 45 by rule.
(Source: P.A. 91‑441, eff. 1‑1‑00; 92‑134, eff. 7‑24‑01.)
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(20 ILCS 862/95)
Sec. 95.
(Amendatory provisions; text omitted.)
(Source: P.A. 90‑287, eff. 1‑1‑98; text omitted.)
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(20 ILCS 862/100)
Sec. 100.
(Amendatory provisions; text omitted).
(Source: P.A. 90‑287, eff. 1‑1‑98; text omitted.)
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