Ill. Admin. Code tit. 17 § 110.4

Current through Register Vol. 48, No. 49, December 6, 2024

Section 110.4 - Department Activity Permits, Site Charges, Facility Usage Fees and Special Events

a) Activity Permits

1) It shall be unlawful for any group of more than 20 persons to use Department-owned, -leased or -managed property and facilities unless the group complies with this Section and obtains an activity permit.

2) All groups of more than 20 persons seeking to host an event on Department-owned, -leased or -managed property or facilities shall submit an activity permit application, on a form provided by the Department, and pay a $25 activity permit application fee at the time of submittal. The requirements to obtain an activity permit is in addition to any other permits or fees required under this Section.

A) For groups of persons under the age of 18, it is required that at least one adult (age 18 years or older) accompany no more than 15 minor individuals.

B) Any groups of more than 20 persons may be denied an activity permit if it is determined by the Site Superintendent that:

i) the site's physical layout and infrastructure is not suitable for the group activity, or

ii) may be detrimental to the public health and safety of other site visitors or the natural resources at the site.

C) The Department may also require a group of more than 20 persons to provide protection against liability claims by:

i) purchasing a liability insurance policy (at an amount set by the Department), which shall include Dram Shop coverage if alcohol of any type is being sold or served during a group's event; and

ii) agreeing to indemnify and hold harmless the Department, its officers, employees and agents for any damage to property and persons as a result of the willful and/or negligent acts of the group and/or its members and/or those in attendance. The Department will provide the Release, Waiver and Indemnification form for the group to sign and submit to the Site Superintendent.

D) The Site Superintendent will evaluate the availability of parking, conflicts with other visitor uses, acreage, toilet facilities and suitable roadways in determining whether to grant an activity permit for the requested group activity.

b) Department Site Charges

The following fees will be charged for use or reservation of designated facilities, except that Illinois residents who are veterans and disabled or a former prisoner of war (see 20 ILCS 805/805-305) shall be exempt from this subsection:

1) All persons entering a designated swim beach area shall pay a $2 fee unless otherwise posted at the swim beach area. Illinois Beach State Park beaches are not designated swim beach fee areas.

2) All individuals reserving a picnic shelter at sites participating in the Shelter Reservation Program shall pay $50 each day a shelter is reserved. Reservations are non-refundable unless the area is closed by the Department. Checks are to be made payable to the Illinois Department of Natural Resources (site name). Reservations are not final until payment is received. Upon vacating the site, shelter users are required to remove all personal belongings and place all trash in the appropriate receptacles located at the site. Those who fail to do so will be charged a disposal fee of $50. Shelter users who fail to pay the disposal fee will be denied future reservations until the fee is paid in full.

c) Facility Usage Fees for Exclusive Use

The Department reserves the right to charge a facility usage fee for exclusive utilization of Department site space and that site space is not available to be reserved by use of an online reservation program. The flat fee will be reflective of the impact to the site, fair market value for the region, and based on evaluative criteria listed in this subsection (c):

1) time of day and time of year;

2) amount of Department staff involvement required;

3) number of people using the facility;

4) level of demand for particular site space; and

5) impact on the site, natural resources, and other site users.

d) Permit to Sell

1) All persons or entities seeking to charge fees to participants, provide items for sale, or otherwise collect money or items as part of an event located on Department-owned, -leased or -managed property or facilities shall complete a permit to sell application form. All revenue generated from the event shall be subject to a 10% fee payable to the Department upon completion of the event. The activity permit application fee may be deducted from the permit to sell fees owed the Department at the completion of the event. All funds received will be allocated to the site at which the fees were collected. Activity permit, permit to sell, and facility usage fees will be waived if the group is a formally recognized Friends Group of the site at which the event is being held (see Section 110.190).

2) All persons or entities seeking to charge fees, to provide items for sale, or otherwise collect money or items as part of the Illinois State Fair or the DuQuoin State Fair and such activity will be located at an area that is under the control or management of the Department shall complete a permit to sell application form. All revenue generated from the permitted activity shall be subject to a 15% fee payable to the Department upon completion of the event. The activity permit application fee for the Illinois State Fair or the DuQuoin State Fair may be deducted from the permit to sell fees owed the Department at the completion of the event. All funds received will be allocated to the site at which the fees were collected.

e) The Department reserves the right to waive or reduce fees listed in subsections (c), (d) and (f) based upon the:

1) amount of staff time required;

2) overall impact on the site and Department resources;

3) event is hosted by a school or educational institution; or

4) event furthers the Department's mission or is a conservation event.

f) Encampments

All individuals or entities that are participating in an encampment for the following activities shall file a completed application or agreement for the activity that they are participating in, as provided by the Department, at least 30 days before the encampment and shall submit the required fee, if any, with the completed application or pay the required percentage for items that were sold by the vendor at the encampment. Upon review of the applications and agreements required by this subsection, the Department may grant permission to engage in the activity so applied for. All approved applicants shall follow the rules set out for their approved activity as listed in the application.

1) Primitive Camping

A Primitive Camping application.

2) Food Vendor

A) A Food Vendor Fee Application. This application shall include all food items to be sold at the encampment and the price of the listed items. Any changes to the menu of items to be sold after an application has been approved must be approved by the Department.

B) A Food Vendor Fee Agreement.

C) Gross sales

i) Pay 10% of the gross sales made by the applicant during the encampment. This payment shall be made to the Department at the close of the last day of the encampment.

ii) Pay 5% of the gross sales made by a Not-for-Profit applicant. This payment shall be made to the Department at the close of the last day of the encampment. All applicants wishing to apply as Not-for-Profit entities must submit documentation along with their application showing that they are a 501(c)(3) tax exempt organization.

3) Merchant

A) A Merchant Application.

B) A fee of $200.

4) Blanket Trader

A) A Blanket Trader Application.

B) A fee of $100.

5) Traditional Craftsman

A) A Traditional Craftsman Application.

B) A fee of $100.

g) World Shooting Recreation Complex

The Department reserves the right to charge a facility usage fee for exclusive utilization of any part of the World Shooting and Recreation Complex. The flat fee will be reflective of the impact to the site, fair market value for the region, and based on criteria listed in this subsection:

1) time of day and time of year;

2) amount of Department staff involvement required;

3) number of people using the facility;

4) level of demand for particular site space; and

5) impact on the site, natural resources, and other site users.

h) This Section shall not apply to any activity or event that has been undertaken with the Department in compliance with and pursuant to the Illinois Procurement Code (30 ILCS 500).

Ill. Admin. Code tit. 17, § 110.4

Amended at 32 Ill. Reg. 174, effective December 19, 2007

Amended at 45 Ill. Reg. 12553, effective 9/24/2021