2005 Illinois Code - Chapter 20 Executive Branch 20 ILCS 3410/ Illinois Historic Preservation Act.
(20 ILCS 3410/1) (from Ch. 127, par. 133d1)
Sec. 1.
This Act shall be known as the "Illinois Historic Preservation Act".
(Source: P.A. 79‑1383.)
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(20 ILCS 3410/2) (from Ch. 127, par. 133d2)
Sec. 2.
As used in this Act:
(a) "Council" means the Illinois Historic Sites Advisory Council;
(b) "Demolish" means raze, reconstruct or substantially alter;
(c) "Agency" means the Historic Preservation
Agency;
(d) "Director" means the Director of Historic Preservation who will serve as
the State Historic Preservation Officer;
(e) "Place" means (1) any parcel or contiguous grouping of parcels of
real estate under common or related ownership or control, where any significant
improvements are at least 40 years old, or (2) any aboriginal mound, fort,
earthwork, village, location, burial ground, historic or prehistoric ruin,
mine case or other location which is or may be the source of important archeological
data;
(f) "Registered Illinois Historic Place" means any place listed on the
"Illinois Register of Historic Places" pursuant to Section 6 of this Act;
(g) "Person" means any natural person, partnership, corporation, trust,
estate, association, body politic, agency, or unit of government and its
legal representatives, agents, or assigns; and
(h) "Municipal Preservation Agency" means any agency described in Section
11‑48.2‑3 of the "Illinois Municipal Code", as now or hereafter amended,
or any agency with similar authority created by a municipality under Article
VII, Section 6 of the Illinois Constitution.
(i) "Critical Historic Feature" means those physical and environmental
components which taken singly or together, make a place eligible for designation
as a Registered Illinois Historic Place.
(Source: P.A. 84‑25.)
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(20 ILCS 3410/3) (from Ch. 127, par. 133d3)
Sec. 3.
There is recognized and established hereunder the Illinois Historic
Sites Advisory Council, previously established pursuant to Federal regulations,
hereafter called the Council. The Council shall consist of
15 members. Of these, there shall be at least 3 historians, at least 3
architectural historians, or architects with a preservation background,
and at least 3 archeologists. The remaining 6 members shall be drawn from
supporting fields and have a preservation interest. Supporting fields shall
include but not be limited to historical geography, law, urban planning,
local government officials, and members of other preservation commissions.
All shall be appointed by the Director of Historic Sites and Preservation,
with the consent of the Board.
The Council Chairperson shall be appointed by the Director of Historic
Sites and Preservation from the Council
membership and shall serve at the Director's pleasure.
The Director of the Lincoln Presidential Library and the Director of
the Illinois State Museum shall serve on the Council
in advisory capacity as non‑voting members.
Terms of membership shall be 3 years and shall be staggered by the Director
to assure continuity of representation.
The Council shall meet at least 4 times each year. Additional meetings
may be held at the call of the chairperson or at the call of the Director.
Members shall serve without compensation, but shall be reimbursed for actual
expenses incurred in the performance of their duties.
(Source: P.A. 92‑600, eff. 7‑1‑02.)
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(20 ILCS 3410/4) (from Ch. 127, par. 133d4)
Sec. 4.
In addition to those powers specifically granted or necessary
to perform the duties prescribed by this Act, the Council shall have the
following powers:
(a) to recommend nominations to the National Register of Historic Places;
(b) to nominate places to the Illinois Register of Historic Places;
(c) to recommend removal of places from the National Register of Historic Places;
(d) to recommend removal of places from the Illinois Register of Historic Places;
(e) to establish guidelines determining the eligibility for listing and
removing places on the Illinois Register of Historic Places; and
(f) to advise the Agency on matters pertaining to
historic preservation.
(Source: P.A. 84‑25.)
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(20 ILCS 3410/5) (from Ch. 127, par. 133d5)
Sec. 5.
In addition to the powers otherwise specifically granted to the
Agency by law, the Agency shall have
the following powers and responsibilities:
(a) to perform the administrative functions for the Council;
(b) to hold public hearings and meetings concerning the Illinois Register
of Historic Places;
(c) to prepare and periodically revise a statewide preservation plan;
(d) to attempt to maximize the extent to which the preservation of Registered
Illinois Historic Places is accomplished through active use, including
self‑sustaining or revenue‑producing use and through the involvement of
persons other than the Agency; and
(e) to disseminate information of Registered Illinois Historic Places,
to provide technical and other assistance to persons involved in preservation
activities, to develop interpretive programs and otherwise stimulate public
interest in preservation.
(Source: P.A. 84‑25.)
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(20 ILCS 3410/6) (from Ch. 127, par. 133d6)
Sec. 6.
The Agency shall establish and maintain an Illinois Register
of Historic Places. To be listed on this register, a place must have special
historical, architectural, archeological, cultural, or artistic interest
or value. The Council shall develop and make available to the public
guidelines reflecting the criteria for inclusion within 90 days of the
effective date of this Act. The criteria shall include, but not be limited
to, requirements that Registered Illinois Historic Places be limited to
those places that possess integrity of location, design, setting,
materials, workmanship, feeling and association, and:
(1) that are associated with events or the lives of persons that have
made a significant contribution to the broad patterns of our history; or
(2) that embody the distinctive characteristics of a type, period or method
of construction, or that represent the work of a master, or that possess
high artistic values, or that represent a significant and distinguishable
entity whose components may lack individual distinction; or
(3) that exemplify elements of our cultural, economic, social or historic
heritage; or
(4) that have yielded, or are likely to yield, information important in
prehistory or history.
Places listed on the Illinois Register of Historic Places shall be places
designated by the Director from nominations made by the Council. The Council
shall provide for consideration of places upon the petition of any person.
The Council may nominate any place, which in the Council's opinion is within
the criteria established pursuant to this Act. Particular consideration
shall be given to places listed from time to time in the National Register
of Historic Places or the Historic American Building Survey, or any branch
of the Illinois Historic Sites Survey, or designated by a municipal
preservation agency or municipal authority.
A nomination order which includes a list of the Critical Historic Features
of the place and any amendments to such an order shall be sent to the owner
or owners of record of the place at least 30 days before a meeting of the
Council to consider the nomination.
The Council, during its scheduled meeting, shall only consider the
nomination orders of a place whose owner or owners of record have responded
to the nomination by submitting to the Council a letter of written consent
approving the designation of the place as a Registered Illinois Historic Place.
The owner or owners of record shall have the right to be
heard and to present evidence at such meeting. If such owner or owners do not
consent to the designation of the place as a Registered Illinois
Historic Place, the Council shall take no further action with respect to
such place. If such owner or owners consent to the designation of the
place as a Registered Illinois Historic Place, the nomination order
shall be made publicly available for review at least 30 days before such
designation. Before any nomination order is approved it shall be considered
at a public meeting of the Council and the public shall have reasonable
opportunity to be heard. On the advice of the Council, the Director
may amend designation orders to reflect new information or changed conditions.
The designation order, and any amendments thereof, shall be submitted by
the Agency for recording with the recorder for the county
or counties in which the area is located.
(Source: P.A. 85‑699.)
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(20 ILCS 3410/7) (from Ch. 127, par. 133d7)
Sec. 7.
No person shall demolish, cause to be demolished, or permit or
order the demolition of any Critical Historic Feature of a Registered Illinois
Historic Place unless the Director has issued a Certificate of Compliance
for the proposed action. The Certificate of Compliance shall state that
the provisions of Section 8 have been satisfied and shall set forth any
conditions which have been agreed to by the Agency and
the person filing
notice of the proposed action. No demolition contracts shall be let until
a Certificate of Compliance is issued for the proposed action.
(Source: P.A. 84‑25.)
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(20 ILCS 3410/8) (from Ch. 127, par. 133d8)
Sec. 8.
(a) Any person who desires to demolish, to cause to be demolished
or to permit or order the demolition of any Critical Historic Feature of
a Registered Illinois Historic Place shall file notice of the proposed action
with the Agency and shall post a copy of the notice in a conspicuous
location at the place setting forth such information as the Agency may
require by regulation, except that if the Director determines that a threat
to the public health or safety exists, he shall authorize immediate demolition
pursuant to Section 8 (g) of this Act.
(b) Within 30 days of the receipt of the notice required in Subsection
8 (a), any person may make a written request to the Agency that a meeting
be held on the subject of the proposed action. If such request is made
or if the Director requests such a meeting, determining that it would be
in the public interest, the Director shall schedule and give notice of the
date, time, and place of the meeting, which shall be held in the municipality
in which the place is located or in the county seat of the county in which
the Registered Illinois Historic Place is located. Such notice shall be
given at least 30 days before the date of the meeting. Notice of the meeting
shall be published in a newspaper having general circulation in the county
in which the place is located and a copy of the notice shall be conspicuously
posted on or conveniently near the place. The meeting shall be held within
60 days from the time of the written request or the Director's request for the meeting.
(c) Topics to be discussed at this meeting shall include, but not be limited
to: methods for carrying out the proposed act so as to avoid the adverse
effect, the feasibility of minimizing the adverse effect, methods for preserving
the place, ways to finance the preservation, and possible alternatives to
the proposed action.
(d) Upon receipt of a report and recording of the meeting, the Director
shall aid all interested parties to explore every possible avenue for the
substantial preservation of the place including but not limited to minimal
modification or acquisition by a public body for use or preservation. Within
30 days following the meeting, the Director shall:
(1) Issue a Certificate of Compliance if he determines that (i) the person
filing notice of the proposed act has negotiated with the Agency in
good faith and further negotiation or delay would not be productive or (ii)
that the proposed action would not have an impact significant enough to warrant
further delay; or,
(2) Issue a Certificate of Compliance if the person filing notice of the
proposed action agrees to modifications of such proposed action stipulated
by the Director; or
(3) Delay the issuance of a Certificate of Compliance for a period of
up to 90 days if he determines he cannot issue such certificate under the
provisions of Subsections 8(d)(1) or 8(d)(2). At any time up to such 90
days, the Agency may require the owner of record of the
place to bargain
in good faith with the Agency or any persons designated
by the Agency
concerning the ultimate use of or any alteration that may affect the historic
place or to examine all possible resources to provide for the documentation
by measured drawings, photographs
or archeological salvage, or all of such documentation methods, to provide
a lasting record of the appearance, character and significance of the place.
(e) If within 30 days of the receipt of the notice required by Subsection
8(a) no meeting is requested, the Director shall aid all interested parties
to explore every possible avenue for the substantial preservation of the
place including, but not limited to minimal modification or acquisition
by a public body for use or preservation; within 120 days of the receipt
of such notice required by Subsection 8(a) the Director shall take one of
the actions prescribed by Subsection 8(d)(1), 8(d)(2) or 8(d)(3).
(f) In any case where the Director has delayed the issuance of a Certificate
of Compliance pursuant to Subsection 8(d)(3) and 90 days have elapsed without
the issuance of such certificate, the Director shall issue such certificate
at the request of the person filing notice of the proposed act.
(g) In any case where the Director determines that an imminent threat
to the public health or safety exists due to the condition of the place,
he shall waive all requirements of this Act for public notice and meeting
and immediately issue a Certificate of Compliance.
(Source: P.A. 84‑25.)
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(20 ILCS 3410/9) (from Ch. 127, par. 133d9)
Sec. 9.
Public funds administered by State agencies shall not be used
in projects which will have an adverse economic or environmental impact
on a Registered Illinois Historic Place unless, in the opinion of the Director,
(1) the project is necessary
to provide an important public service or benefit, (2) the project cannot
be carried out practically so as to avoid the adverse effect and (3) the
adverse effect is minimized to the maximum extent feasible.
(Source: P.A. 79‑1383.)
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(20 ILCS 3410/10) (from Ch. 127, par. 133d10)
Sec. 10.
The Director may remove a place from the Illinois Register of
Historic Places after a finding has been made by the Council that no method
can be found to maintain the place in a condition satisfying the guidelines
for inclusion developed pursuant to Section 6.
(Source: P.A. 79‑1383.)
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(20 ILCS 3410/11) (from Ch. 127, par. 133d11)
Sec. 11.
The State's Attorney of the county where the Registered Illinois
Historic Place is located or the Attorney General may, upon his own motion
or upon the request of the Director, institute a civil action for an injunction
to restrain violations of this Act or of any rule or order prescribed or
issued under this Act. In such a proceeding the court shall determine whether
a violation has been committed and shall enter such orders as it considers
necessary to remove the effects of any violation and to prevent such violation
from continuing or from being renewed in the future.
(Source: P.A. 79‑1383.)
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(20 ILCS 3410/12) (from Ch. 127, par. 133d12)
Sec. 12.
(a) Any person who willfully violates any provision of this
Act or of any rule or order prescribed or issued under this Act shall be
liable to a civil penalty not to exceed $10,000 for such violation, provided
that no penalty under this Section shall exceed the cost of restoring the
Registered Illinois Historic Place to its condition prior to the commencement
of the violation.
(b) The penalties provided in this Section may be enforced in a civil action.
(Source: P.A. 79‑1383.)
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(20 ILCS 3410/13) (from Ch. 127, par. 133d13)
Sec. 13.
The Director may designate a consenting Municipal Preservation
Agency to hold meetings, conducted pursuant to Section 8, within its municipality.
(Source: P.A. 79‑1383.)
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(20 ILCS 3410/14) (from Ch. 127, par. 133d14)
Sec. 14.
Any party to a proceeding and any person adversely affected by
a final administrative decision under this Act may obtain judicial review
pursuant to the provisions of the Administrative Review Law, as amended.
The term "administrative decision" is defined as in Section 3‑101 of the
Code of Civil Procedure.
(Source: P.A. 82‑783.)
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(20 ILCS 3410/15) (from Ch. 127, par. 133d15)
Sec. 15.
All monies received for historic preservation programs administered
by the Agency, including grants, direct and indirect cost reimbursements,
income from marketing activities, gifts, donations and bequests, from
private organizations, individuals,
other State agencies or federal agencies, monies received from publications,
and copying and certification fees related to such programs, and all income
from fees generated from admissions, special events, parking, camping,
concession and property rental, shall be deposited into a special fund in the
State treasury, to be known as the Illinois Historic Sites Fund, which is
hereby created. Subject to appropriation, the monies in such fund shall be
used by the Agency for historic preservation purposes only.
(Source: P.A. 88‑91; 89‑668, eff. 8‑14‑96.)
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