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91_HB2112enr
HB2112 Enrolled LRB9101167DHmg
1 AN ACT to amend the Soil and Water Conservation Districts
2 Act by changing Sections 17 and 23.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Soil and Water Conservation Districts Act
6 is amended by changing Sections 17 and 23 as follows:
7 (70 ILCS 405/17) (from Ch. 5, par. 122)
8 Sec. 17. Included territory. All of the territory
9 contained within the boundaries of a county or counties shall
10 be a part of the Soil and Water Conservation District whose
11 territories are located within the county or counties except
12 in Cook County in which case all of the territory north of
13 22nd Street also known as Cermak Road, shall be a part of the
14 North Cook Soil and Water Conservation District and all of
15 the territory of Cook County that is south of 22nd Street
16 also known as Cermak Road, shall be a part of the Will-South
17 Cook Soil and Water Conservation District. The boundaries
18 for any District consolidated after July 1, 1996 in
19 accordance with Section 26a of this Act shall encompass all
20 territory contained within those Districts so consolidating.
21 Including additional territory. Petitions for including
22 additional territory within an existing district may be filed
23 with the Department, and the proceedings herein provided for
24 in the case of petitions to organize a district shall be
25 observed in the case of petitions for such inclusion. The
26 Department shall prescribe the form for such petitions, which
27 shall be as nearly as may be in the form prescribed in this
28 Act for petitions to organize a district. In all cases where
29 a petition is signed by a majority of the land owners in a
30 proposed area, no referendum or hearing need be held. The
31 petition shall serve as prima facie evidence that the public
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1 good is being served and the territory shall be included. In
2 cases where the proposed area lies wholly or in part within
3 the boundaries of a municipality and a petition is signed by
4 a majority of the governing body of that municipality, no
5 referendum or hearing need be held as to that part of the
6 proposed area lying within the boundaries of that
7 municipality. The petition shall serve as prima facie
8 evidence that the public good is being served and the
9 territory shall be included. If such territory lies in more
10 than one district, it shall be included in that district
11 which contains the greater amount of the territory. In
12 referenda upon petitions for inclusion only owners of land
13 within the proposed additional area shall be eligible to vote
14 and each shall have one vote. Such vote may be cast in person
15 or by absentee ballot.
16 (Source: P.A. 85-438.)
17 (70 ILCS 405/23) (from Ch. 5, par. 128)
18 Sec. 23. Adoption of land-use regulations. The directors
19 of any district shall have authority to formulate regulations
20 governing the use of lands within the district in the
21 interest of conserving soil, soil resources, water and water
22 resources and preventing and controlling soil erosion and
23 erosion, floodwater and sediment damages. The directors shall
24 conduct such public meetings and public hearings upon
25 tentative regulations as may be necessary to assist them in
26 this work. The directors shall not have authority to enact
27 such land-use regulations into law until after they shall
28 have caused due notice to be given of their intention to
29 conduct a referendum for submission of such regulations to
30 the land owners within the boundaries of the district for
31 their approval or disapproval of such proposed regulations,
32 shall have held such referendum, and shall have considered
33 the result of such referendum. The proposed regulations
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1 shall be embodied in a proposed ordinance. Copies of such
2 proposed ordinance shall be filed with the Department for an
3 expression of opinion. The opinion of the Department and any
4 statement it may issue with reference thereto shall be made
5 known to the owners in such district at least 10 days prior
6 to the date of any referendum thereon. Copies of such
7 proposed ordinance shall be available for distribution among,
8 and inspection by owners and occupiers of land in the
9 district during the period between publications of such
10 notice and the date of the referendum. The notices of the
11 referendum shall recite the contents of such proposed
12 ordinance and shall state where copies of such proposed
13 ordinance may be examined or obtained. The question shall be
14 submitted by ballots, upon which the words "For approval of
15 proposed ordinance No....., prescribing land-use regulations
16 for conservation of soil and water and prevention of erosion"
17 and "Against approval of proposed ordinance No.....,
18 prescribing land-use regulations for conservation of soil and
19 water and prevention of erosion" shall appear, with a square
20 before each proposition and a direction to insert an X mark
21 in the square before one or the other of those propositions.
22 A summary or digest of the provisions of the proposed
23 ordinance shall also appear on such ballots. The directors
24 shall supervise such referendum, shall prescribe appropriate
25 regulations governing the conduct thereof, and shall publish
26 the result thereof. All the owners of land within the
27 district shall be eligible to vote in such referendum and
28 each shall have one vote. Such vote may be cast in person or
29 by absentee ballot. No informalities in the conduct of such
30 referendum or in any matters relating thereto shall
31 invalidate such referendum or the result thereof if notice
32 thereof shall have been given substantially as herein
33 provided and such referendum shall have been fairly
34 conducted.
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1 The directors shall not have authority to enact such
2 proposed ordinance into law unless at least three-fourths of
3 the owners of land voting in such referendum shall vote in
4 such referendum for approval of the proposed ordinance. The
5 approval of the proposed ordinance by three-fourths of the
6 land owners voting on the proposition shall not be deemed to
7 require the directors to enact such proposed ordinance into
8 law. Land-use regulations prescribed in ordinances adopted
9 pursuant to this Section by the directors of any district
10 shall have the force and effect of law in the district and
11 shall be binding and obligatory upon all owners of lands
12 within such district.
13 Any owner of land within such district may at any time
14 file a petition with the directors asking that any or all of
15 the land-use regulations prescribed in any ordinance adopted
16 by the directors under this Section shall be amended,
17 supplemented, or repealed. Land-use regulations prescribed in
18 any ordinance adopted pursuant to this Section shall not be
19 amended, supplemented, or repealed except in accordance with
20 the procedure prescribed in this Section for adoption of
21 land-use regulations. Referenda on adoption, amendment,
22 supplementation, or repeal of land-use regulations shall not
23 be held more often than once in 6 months.
24 The regulations to be adopted by the directors under this
25 Section may include:
26 1. Provisions requiring the carrying out of
27 necessary engineering operations, including the
28 construction of terraces, terrace outlets, check dams,
29 dikes, ponds, ditches, and other necessary structures.
30 2. Provisions requiring observation of particular
31 methods of cultivation including contour cultivating,
32 contour furrowing, strip cropping, seeding and planting
33 of lands to water-conserving and erosion-preventing
34 plants, trees, grasses, forestation and reforestation.
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1 3. Provisions requiring the permanent retirement
2 from cultivation of highly erosive areas or of areas on
3 which erosion cannot be adequately controlled if
4 cultivation is carried on.
5 4. Provisions for such other means, measures,
6 operations and programs as may assist conservation of
7 soil and water resources and prevent or control soil
8 erosion in the district.
9 5. Provisions prohibiting the clearcutting of trees
10 within 30 feet of any navigable waters, except for trees
11 that are included in a forestry management plan approved
12 by the Division of Forest Resources of the Department of
13 Natural Resources. However, these provisions shall not
14 prohibit clearcutting incidental to any project, activity
15 or program that has been permitted, licensed, certified
16 or approved by an agency of federal, State or local
17 government. For the purpose of this item 5, "navigable
18 waters" means public waters that are usable for water
19 commerce.
20 However, these provisions shall not prohibit a public
21 utility from maintaining its transmission facilities and
22 rights of way.
23 The regulations shall be uniform throughout the territory
24 comprised within the district except that the directors may
25 classify the lands within the district with reference to such
26 factors as soil type, degree of slope, degree of erosion
27 threatened or existing, cropping and tillage practices in
28 use, and other relevant factors, and may provide regulations
29 varying with the type or class of land affected, but uniform
30 as to all lands within each class or type. Copies of land-use
31 regulations adopted under this Section shall be printed and
32 made available to all owners and occupiers of lands lying
33 within the district.
34 No authority exercised by or procedure authorized by a
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1 district pursuant to this Section 23 imposes any restriction
2 or mandate on land use practices and other policies of
3 municipalities with respect to land located in that
4 municipality, unless the corporate authorities of that
5 municipality authorize by resolution the application of that
6 district's land use regulations within the municipality's
7 corporate limits.
8 (Source: P.A. 89-445, eff. 2-7-96.)
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