2020 Illinois Compiled Statutes
Chapter 525 - CONSERVATION
525 ILCS 40/ - State Forest Act.

(525 ILCS 40/0.01) (from Ch. 96 1/2, par. 5900)

Sec. 0.01. Short title. This Act may be cited as the State Forest Act.

(Source: P.A. 86-1324.)

(525 ILCS 40/1) (from Ch. 96 1/2, par. 5901)

Sec. 1. The Department of Natural Resources shall have control, supervision and management of all State forests herein provided for and hereafter to be established.

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

(525 ILCS 40/2) (from Ch. 96 1/2, par. 5902)

Sec. 2. State forests shall include only such lands as are decided by the Department of Natural Resources to be more valuable for the growing of forests than for other purposes, and shall have for their purpose the production of forest products, the protection of watersheds that are subject to serious erosion, the maintenance of purity of springs and streams and to afford recreation places for the people of the State.

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

(525 ILCS 40/2.1) (from Ch. 96 1/2, par. 5903)

Sec. 2.1. The following described areas are designated as State forests:

• Big River State Forest in Henderson County;
• Sand Ridge State Forest in Mason County;
• Hidden Springs State Forest in Shelby County;
• Trail of Tears State Forest in Union County;
• Wildcat Hollow State Forest in Effingham County.

(Source: P.A. 78-817.)

(525 ILCS 40/3) (from Ch. 96 1/2, par. 5904)

Sec. 3. The Department of Natural Resources may purchase, lease, receive by donation or legacy or take options on tracts of land suitable for State forests. The Department may also acquire title by condemnation in the name of the State of Illinois under the laws relating to eminent domain. Such proceedings shall be conducted by the Attorney General at the request of the Department.

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

(525 ILCS 40/3.5)

Sec. 3.5. Eminent domain. Notwithstanding any other provision of this Act, any power granted under this Act to acquire property by condemnation or eminent domain is subject to, and shall be exercised in accordance with, the Eminent Domain Act.

(Source: P.A. 94-1055, eff. 1-1-07.)

(525 ILCS 40/4) (from Ch. 96 1/2, par. 5905)

Sec. 4. From time to time, as tracts of land are acquired, the department shall designate and organize such lands as State forests. The department shall protect such lands from wildfire and trespass and cause them to be so managed as to produce continuous crops of timber for use of the people and industries of the State.

(Source: P.A. 85-150.)

(525 ILCS 40/5) (from Ch. 96 1/2, par. 5906)

Sec. 5. Timber grown on such forests may be sold under rules and regulations of the department, but all cutting and removal of forest products shall be in accordance with the best practices of forestry. The department shall make such forests accessible to the general public by improved highways leading through them. All revenue from the sale of timber under this Section shall be deposited into the Forestry Development Fund.

(Source: P.A. 95-266, eff. 8-17-07.)

(525 ILCS 40/6) (from Ch. 96 1/2, par. 5907)

Sec. 6. The Department shall have the authority to take all measures necessary to secure plants and plant materials from private sources and to establish and operate nurseries to produce and distribute plants and plant materials. The Department shall develop and implement a program of securing plants and plant materials from private sources. The Department shall utilize the most modern methods and techniques to operate its nursery facilities.

The plants and plant materials secured or produced shall be used exclusively for conservation purposes, such as for wildlife habitat, erosion control, energy conservation, natural community restoration, general reforestation, research, commemorative plantings, and educational programs such as Arbor Day unless otherwise agreed through a memorandum of understanding with the Illinois Green Industry Association which would allow the sale of plants as liner stock. Plants and plant materials secured or produced and distributed by the State nurseries are to be protected against abuses, such as may occur in the event of livestock grazing or wildfire.

The Department may cooperate with any person or group desirous of establishing plants or plant materials for conservation plantings by (a) selling trees, shrubs, flower seeds, or other materials where deemed necessary or desirable, or (b) providing labor, equipment and technical supervision to plan and implement the conservation plantings, or both.

Plants and plant materials may be provided, upon approval of a written management plan, to individual landowners, State agencies and institutions, local governments, civic groups and others for conservation plantings but shall be sold at a price approximately equal to the cost of acquisition or production and distribution.

Plants and plant materials may be provided to government agencies and institutions, organized groups or individuals for special conservation plantings, research plantings, educational purposes and commemorative plantings but shall be sold at a price approximately equal to the cost of acquisition or production and distribution.

Plants and plant materials may be made available to the general public, mining companies, other industries and agencies of the federal government but shall be sold at a price approximately equal to the cost of acquisition or production and distribution.

Products such as Christmas trees, roundwood and other materials derived from State distributed plants or plant materials may be utilized, sold or removed, except that no such plants shall be resold, bartered or given away and removed alive with the roots attached unless otherwise agreed through a memorandum of understanding with the Illinois Green Industry Association which would allow the sale of plants as liner stock.

The Department may effect exchanges, purchases or sales involving plants and plant materials with other states or with agencies of the federal government.

The Department shall have the authority to make such rules and regulations pursuant to the Illinois Administrative Procedure Act as it deems necessary for carrying out, administering and enforcing the provisions of this Act.

(Source: P.A. 100-61, eff. 1-1-18.)

(525 ILCS 40/6.1) (from Ch. 96 1/2, par. 5908)

Sec. 6.1. The following described areas are designated as State nurseries:

Mason State Nursery in Mason County;

Union State Nursery in Union County.

(Source: P.A. 85-150.)

(525 ILCS 40/7) (from Ch. 96 1/2, par. 5910)

Sec. 7. The department shall employ such foresters, cruisers and other assistance as are necessary for the acquisition of such State forests and for their administration, protection, improvement and use. It shall make reasonable rules for the regulation of the use of such State forests by the public. Such regulations and rules shall be posted in conspicuous places in such State forests.

(Source: Laws 1925, p. 413.)

(525 ILCS 40/8) (from Ch. 96 1/2, par. 5911)

Sec. 8. Whoever:

1. Wilfully destroys, injures or defaces a guide post, sign, fence, enclosure or structure within a State forest; or

2. Wilfully destroys, injures or removes a tree, shrub or plant or flower within a State forest; or

3. Violates any reasonable regulation adopted by the Department and published by posting in conspicuous places; or

4. Wilfully uses or resells planting stock produced in State forest nurseries in violation of such conditions of sale or for planting as shall have been approved by the Department in connection with a sale or furnishing of trees or plantings by the Department as in Section 6 provided; is guilty of a Class B misdemeanor.

(Source: P.A. 77-2515.)

(525 ILCS 40/9) (from Ch. 96 1/2, par. 5912)

Sec. 9. The department shall have authority to designate portions of the State forests as wildlife or fish sanctuaries and shall promulgate rules and regulations for the protection and breeding of wildlife or fish within such areas.

(Source: P.A. 81-358.)