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Preservation Laws

Several state laws guide the Illinois State Historic Preservation Office’s work and spell out the rights and responsibilities of property owners.

Historic Preservation Act (20 ILCS 3410)
The law creates the Illinois Historic Sites Advisory Council, which reviews nominations to the National Register of Historic Places.

Illinois State Agency Historic Resources Preservation Act (20 ILCS 3420)
Requires state agencies to follow preservation protocols for projects receiving state funding, permits or licenses. The procedures parallel federal law under Section 106 of the National Historic Preservation Act.

Archaeological and Paleontological Resources Protection Act (20 ILCS 3435)
Protects archaeological resources on public lands in Illinois.

Human Skeletal Remains Protection Act (20 ILCS 3440)
Establishes protection for human burials and burial markers that are more than 100 years old and not included in any registered cemeteries.

Property Tax Assessment Freeze (35 ILCS 200/10-40)
Establishes the state property tax assessment freeze for residential, owner-occupied properties that meet preservation and expenditure requirements. ​

River Edge Historic Tax Credit Program (35 ILCS 5/221)
Establishes the 25% state rehabilitation income tax credit for rehabilitating historic, income-producing properties in River Edge Redevelopment Zones. Effective January 1, 2019, the program legislation will be revised as per Illinois Public Act 100-0629.

Illinois Historic Preservation Tax Credit Program (35 ILCS 5/227)
Establishes the 25% state rehabilitation income tax credit for rehabilitating historic, income-producing properties. Effective January 1, 2019.

Preservation of Historical and Other Special Areas (65 ILCS 5/11-48.2)
Preservation law for municipalities in the Illinois Municipal Code. 

Illinois County Historic Preservation Law (55 ILCS 5/5-30) 
This division of the counties code establishes historic preservation protocols for county boards. 

Federal Historic Preservation Laws
This link will redirect to the National Park Service website.

Advisory Council on Historic Preservation
The Advisory Council on Historic Preservation (ACHP) is an independent federal agency that promotes the preservation, enhancement, and productive use of our nation's historic resources , and advises the President and Congress on national historic preservation policy.