Bill Text: IL HB5234 | 2011-2012 | 97th General Assembly | Enrolled

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Amends the Illinois Historic Preservation Act. Makes the following changes to a provision listing defined terms: adds and defines the term "historic resource" to mean any property which is either publicly or privately held and which meets one or more listed criteria; and removes the terms "registered Illinois Historic Place", "person", "municipal preservation agency", and "critical historic feature". Removes several powers from the list of powers granted to the Illinois Historic Sites Advisory Council including the power to nominate places to the Illinois Register of Historic Places. Repeals provisions concerning the establishment and maintenance of an Illinois Register of Historic Places by the Historic Preservation Agency; when the demolition of a Critical Historic Feature of a Registered Illinois Historic Place is proper; demolition notices; public funds used in demolition projects; the authority of the Director of Historic Preservation to remove a place from the Illinois Register of Historic Places; injunctions; civil penalties; meetings held by the Municipal Preservation Agency; and judicial reviews of final administrative decisions. Amends the Illinois State Agency Historic Resources Preservation Act. Removes a property's listing in the Illinois Register of Historic Places from the set of criteria a publicly or privately held property must meet to be considered a historic resource. Removes language providing that the rules and procedures of the Illinois Historic Preservation Act shall apply when an undertaking involves a structure listed on the Illinois Register of Historic Places.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Passed) 2012-07-13 - Public Act . . . . . . . . . 97-0785 [HB5234 Detail]

Download: Illinois-2011-HB5234-Enrolled.html

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AN ACT concerning State government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Historic Preservation Act is
amended by changing Sections 2, 3, 4, and 5 as follows:
(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) (Blank). "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. ;
(d-1) "Historic resource" means any property which is
either publicly or privately held and which:
(1) is listed in the National Register of Historic
Places (hereafter "National Register");
(2) has been formally determined by the Director to be
eligible for listing in the National Register as defined in
Section 106 of Title 16 of the United States Code;
(3) has been nominated by the Director and the Illinois
Historic Sites Advisory Council for listing in the National

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Register; or
(4) meets one or more criteria for listing in the
National Register, as determined by the Director.
(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) (Blank). "Registered Illinois Historic Place" means
any place listed on the "Illinois Register of Historic Places"
pursuant to Section 6 of this Act;
(g) (Blank). "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) (Blank). "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) (Blank). "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.

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(Source: P.A. 84-25.)
(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 3 4 times each year.
Additional meetings may be held at the call of the chairperson

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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.)
(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) (blank); to nominate places to the Illinois Register of
Historic Places;
(c) to recommend removal of places from the National
Register of Historic Places;
(d) (blank); to recommend removal of places from the
Illinois Register of Historic Places;
(e) (blank); 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.)
(20 ILCS 3410/5) (from Ch. 127, par. 133d5)

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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
National 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 historic resources 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 historic resources
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.)
(20 ILCS 3410/6 rep.)
(20 ILCS 3410/7 rep.)
(20 ILCS 3410/8 rep.)
(20 ILCS 3410/9 rep.)
(20 ILCS 3410/10 rep.)

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(20 ILCS 3410/11 rep.)
(20 ILCS 3410/12 rep.)
(20 ILCS 3410/13 rep.)
(20 ILCS 3410/14 rep.)
Section 10. The Illinois Historic Preservation Act is
amended by repealing Sections 6, 7, 8, 9, 10, 11, 12, 13, and
14.
Section 15. The Illinois State Agency Historic Resources
Preservation Act is amended by changing Sections 3 and 4 as
follows:
(20 ILCS 3420/3) (from Ch. 127, par. 133c23)
Sec. 3. Definitions.
(a) "Director" means the Director of Historic Preservation
who shall serve as the State Historic Preservation Officer.
(b) "Agency" shall have the same meaning as in Section 1-20
of the Illinois Administrative Procedure Act, and shall
specifically include all agencies and entities made subject to
such Act by any State statute.
(c) "Historic resource" means any property which is either
publicly or privately held and which:
(1) is listed in the National Register of Historic
Places (hereafter "National Register");
(2) has been formally determined by the Director to be
eligible for listing in the National Register as defined in

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Section 106 of Title 16 of the United States Code;
(3) has been nominated by the Director and the Illinois
Historic Sites Advisory Council for listing in the National
Register; or
(4) meets one or more criteria for listing in the
National Register, as determined by the Director. ; or
(5) (blank). is listed in the Illinois Register of
Historic Places.
(d) "Adverse effect" means:
(1) destruction or alteration of all or part of an
historic resource;
(2) isolation or alteration of the surrounding
environment of an historic resource;
(3) introduction of visual, audible, or atmospheric
elements which are out of character with an historic
resource or which alter its setting;
(4) neglect or improper utilization of an historic
resource which results in its deterioration or
destruction; or
(5) transfer or sale of an historic resource to any
public or private entity without the inclusion of adequate
conditions or restrictions regarding preservation,
maintenance, or use.
(e) "Comment" means the written finding by the Director of
the effect of a State undertaking on an historic resource.
(f) "Undertaking" means any project, activity, or program

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that can result in changes in the character or use of historic
property, if any historic property is located in the area of
potential effects. The project, activity or program shall be
under the direct or indirect jurisdiction of a State agency or
licensed or assisted by a State agency. An undertaking
includes, but is not limited to, action which is:
(1) directly undertaken by a State agency;
(2) supported in whole or in part through State
contracts, grants, subsidies, loan guarantees, or any
other form of direct or indirect funding assistance; or
(3) carried out pursuant to a State lease, permit,
license, certificate, approval, or other form of
entitlement or permission.
(g) "Committee" means the Historic Preservation Mediation
Committee.
(h) "Feasible" means capable of being accomplished in a
successful manner within a reasonable period of time, taking
into account economic, environmental, social, and
technological factors.
(i) "Private undertaking" means any undertaking that does
not receive public funding or is not on public lands.
(j) "High probability area" means any occurrence of Cahokia
Alluvium, Carmi Member of the Equality Formation, Grayslake
Peat, Parkland Sand, Peyton Colluvium, the Batavia Member of
the Henry Formation, or the Mackinaw Member, as mapped by
Lineback et al. (1979) at a scale of 1-500,000 within permanent

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stream floodplains and including
(1) 500 yards of the adjoining bluffline crest of the
Fox, Illinois, Kankakee, Kaskaskia, Mississippi, Ohio,
Rock and Wabash Rivers and 300 yards of the adjoining
bluffline crest of all other rivers or
(2) a 500 yard wide area along the shore of Lake
Michigan abutting the high water mark.
(Source: P.A. 87-717; 87-739; 87-847; 88-45.)
(20 ILCS 3420/4) (from Ch. 127, par. 133c24)
Sec. 4. State agency undertakings.
(a) As early in the planning process as may be practicable
and prior to the approval of the final design or plan of any
undertaking by a State agency, or prior to the funding of any
undertaking by a State agency, or prior to an action of
approval or entitlement of any private undertaking by a State
agency, written notice of the project shall be given to the
Director either by the State agency or the recipients of its
funds, permits or licenses. The State agency shall consult with
the Director to determine the documentation requirements
necessary for identification and treatment of historic
resources. For the purposes of identification and evaluation of
historic resources, the Director may require archaeological
and historic investigations. Responsibility for notice and
documentation may be delegated by the State agency to a local
or private designee.

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(b) Within 30 days after receipt of complete and correct
documentation of a proposed undertaking, the Director shall
review and comment to the agency on the likelihood that the
undertaking will have an adverse effect on a historic resource.
In the case of a private undertaking, the Director shall, not
later than 30 days following the receipt of an application with
complete documentation of the undertaking, either approve that
application allowing the undertaking to proceed or tender to
the applicant a written statement setting forth the reasons for
the requirement of an archaeological investigation. If there is
no action within 30 days after the filing of the application
with the complete documentation of the undertaking, the
applicant may deem the application approved and may proceed
with the undertaking. Thereafter, all requirements for
archaeological investigations are waived under this Act.
(c) If the Director finds that an undertaking will
adversely affect an historic resource or is inconsistent with
agency policies, the State agency shall consult with the
Director and shall discuss alternatives to the proposed
undertaking which could eliminate, minimize, or mitigate its
adverse effect. During the consultation process, the State
agency shall explore all feasible and prudent plans which
eliminate, minimize, or mitigate adverse effects on historic
resources. Grantees, permittees, licensees, or other parties
in interest and representatives of national, State, and local
units of government and public and private organizations may

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participate in the consultation process. The process may
involve on-site inspections and public informational meetings
pursuant to regulations issued by the Historic Preservation
Agency.
(d) The State agency and the Director may agree that there
is a feasible and prudent alternative which eliminates,
minimizes, or mitigates the adverse effect of the undertaking.
Upon such agreement, or if the State agency and the Director
agree that there are no feasible and prudent alternatives which
eliminate, minimize, or mitigate the adverse effect, the
Director shall prepare a Memorandum of Agreement describing the
alternatives or stating the finding. The State agency may
proceed with the undertaking once a Memorandum of Agreement has
been signed by both the State agency and the Director.
(e) After the consultation process, the Director and the
State agency may fail to agree on the existence of a feasible
and prudent alternative which would eliminate, minimize, or
mitigate the adverse effect of the undertaking on the historic
resource. If no agreement is reached, the agency shall call a
public meeting in the county where the undertaking is proposed
within 60 days. If, within 14 days following conclusion of the
public meeting, the State agency and the Director fail to agree
on a feasible and prudent alternative, the proposed
undertaking, with supporting documentation, shall be submitted
to the Historic Preservation Mediation Committee. The document
shall be sufficient to identify each alternative considered by

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the Agency and the Director during the consultation process and
the reason for its rejection.
(f) The Mediation Committee shall consist of the Director
and 5 persons appointed by the Director for terms of 3 years
each, each of whom shall be no lower in rank than a division
chief and each of whom shall represent a different State
agency. An agency that is a party to mediation shall be
notified of all hearings and deliberations and shall have the
right to participate in deliberations as a non-voting member of
the Committee. Within 30 days after submission of the proposed
undertaking, the Committee shall meet with the Director and the
submitting agency to review each alternative considered by the
State agency and the Director and to evaluate the existence of
a feasible and prudent alternative. In the event that the
Director and the submitting agency continue to disagree, the
Committee shall provide a statement of findings or comments
setting forth an alternative to the proposed undertaking or
stating the finding that there is no feasible or prudent
alternative. The State agency shall consider the written
comments of the Committee and shall respond in writing to the
Committee before proceeding with the undertaking.
(g) When an undertaking is being reviewed pursuant to
Section 106 of the National Historic Preservation Act of 1966,
the procedures of this law shall not apply and any review or
comment by the Director on such undertaking shall be within the
framework or procedures of the federal law. When an undertaking

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involves a structure listed on the Illinois Register of
Historic Places, the rules and procedures of the Illinois
Historic Preservation Act shall apply. This subsection shall
not prevent the Illinois Historic Preservation Agency from
entering into an agreement with the Advisory Council on
Historic Preservation pursuant to Section 106 of the National
Historic Preservation Act to substitute this Act and its
procedures for procedures set forth in Council regulations
found in 36 C.F.R. Part 800.7. A State undertaking that is
necessary to prevent an immediate and imminent threat to life
or property shall be exempt from the requirements of this Act.
Where possible, the Director shall be consulted in the
determination of the exemption. In all cases, the agency shall
provide the Director with a statement of the reasons for the
exemption and shall have an opportunity to comment on the
exemption. The statement and the comments of the Director shall
be included in the annual report of the Historic Preservation
Agency as a guide to future actions. The provisions of this Act
do not apply to undertakings pursuant to the Illinois Oil and
Gas Act, the Surface-Mined Land Conservation and Reclamation
Act and the Surface Coal Mining Land Conservation and
Reclamation Act.
(Source: P.A. 96-1000, eff. 7-2-10.)
Section 99. Effective date. This Act takes effect upon
becoming law.
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INDEX
Statutes amended in order of appearance