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(70 ILCS 405/10) (from Ch. 5, par. 115)
Sec. 10. Findings and
determinations of Department. After such hearing, if the Department determines upon the facts
presented at such hearing and upon such other relevant facts and
information as may be available that there is need in the interest of the
public health, safety, and welfare, for a soil and water conservation
district to function in the territory considered at the hearing, it shall
make and record such determination and shall define by metes and bounds, or
by legal subdivisions, the boundaries of such district. In making such
determination and in defining such boundaries, the Department shall give
due weight and consideration to the following matters which are hereby
stated to be the standards which shall guide the considerations of the
Department: The topography of the area considered and of the State; the
composition of soils; the distribution of erosion; the prevailing
land use practices; the desirability and necessity of including within the
boundaries the particular lands under consideration and the benefits such
lands may receive from being included within such boundaries; the relation
of the proposed area to existing watersheds and agricultural regions and to
other soil conservation districts already organized or proposed for
organization under the provisions of this Act, and such other physical,
geographical, and economic factors as are relevant. The territory to be
included within such boundaries need not be contiguous. No territory shall
be included within the boundaries of more than one district. In cases where
territory is proposed to be added to an existing district, the Department
shall also consider the attitude of the district directors as expressed at
the hearing, by resolution or otherwise.
If the Department determines after such hearing, and after due
consideration of the above-mentioned facts and standards that there is no
need for a soil and water conservation district for the territory
considered at the hearing, it shall record such determination and deny the
petition. No subsequent petitions covering the same or substantially the
same territory shall be filed as aforesaid until after the expiration of
one year from the date of such denial.
(Source: P.A. 101-484, eff. 1-1-20.)
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