(70 ILCS 405/1) (from Ch. 5, par. 106)
Sec. 1.
Short title.
This Act shall be known and may be cited as the "Soil and Water Conservation
Districts Act".
(Source: P.A. 80-159.)
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(70 ILCS 405/2) (from Ch. 5, par. 107)
Sec. 2. Declaration of policy. The General Assembly declares it to be in the public interest to provide (a)
for the conservation of the soil, soil health, soil resources, organic matter in soil and plants, water quality and water
resources of this State, (b) for the control and prevention of soil
erosion, (c) for the prevention of air and water pollution and the improvement of resilience to droughts, floods, and other extreme weather, and (d) for
the prevention of erosion, floodwater and sediment
damages, and thereby to conserve natural resources, control floods,
prevent impairment of dams and reservoirs, assist in maintaining the
navigability of rivers and harbors, conserve wild life and forests,
protect the tax base, protect public lands, and protect and promote the
health, safety and general welfare of the people of this State.
The General Assembly finds that erosion continues to be a serious problem
throughout the State, and that rapid shifts in land use from agricultural
to nonagricultural uses, changes in farm enterprises, operations, ownership,
construction of housing, industrial and commercial developments, streets,
highways, recreation areas, schools, colleges and universities, and other
land disturbing activities have accelerated the process of soil erosion
and sediment deposition resulting in reduced resilience to floods, droughts, and other extreme weather, pollution of the waters of the State
and damage to domestic, agricultural, industrial, recreational, fish and
wildlife, and other resource uses. It is, therefore, declared to be the
policy of this State to strengthen and extend the present erosion and sediment
control activities and programs for both rural and urban lands, and to establish
and implement, through the Department and soil and water conservation districts
in cooperation with units of local government, school districts, other political
subdivisions of this State, agencies of this State and other public agencies
and private entities, a statewide comprehensive and coordinated erosion
and sediment control program to conserve and protect land, water, air and
other resources.
The provisions of the Local Governmental and Governmental Employees
Tort Immunity Act shall apply to all districts created pursuant to this Act.
(Source: P.A. 101-484, eff. 1-1-20.)
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(70 ILCS 405/3) (from Ch. 5, par. 108)
Sec. 3. Definitions. As used in this Act, unless the context clearly
otherwise requires, the terms defined in the Sections following this Section and preceding Section 4
have the meanings ascribed to them in those Sections.
(Source: P.A. 97-813, eff. 7-13-12.)
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(70 ILCS 405/3.01) (from Ch. 5, par. 108.01)
Sec. 3.01.
"District" or "soil and water conservation
district" means a public body corporate and politic, organized
in accordance with this Act.
(Source: P.A. 80-159.)
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(70 ILCS 405/3.02) (from Ch. 5, par. 108.02)
Sec. 3.02.
"Director" means one of the members of the governing
body of a district, elected or appointed in accordance with this Act.
(Source: P.A. 80-159.)
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(70 ILCS 405/3.03) (from Ch. 5, par. 108.03)
Sec. 3.03.
"Department" means the Department of Agriculture of this State.
(Source: P.A. 80-159.)
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(70 ILCS 405/3.04) (from Ch. 5, par. 108.04)
Sec. 3.04.
"State" means the State of Illinois.
(Source: P.A. 80-159.)
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(70 ILCS 405/3.05) (from Ch. 5, par. 108.05)
Sec. 3.05.
"Agency of this State" includes the government of this
State and any subdivision, agency, or instrumentality thereof.
(Source: P.A. 80-159.)
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(70 ILCS 405/3.06) (from Ch. 5, par. 108.06)
Sec. 3.06.
"United States" includes the United States of America,
the Soil Conservation Service of the United States Department of
Agriculture, and any other agency or instrumentality, corporate or
otherwise, of the United States of America.
(Source: P.A. 80-159.)
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(70 ILCS 405/3.07) (from Ch. 5, par. 108.07)
Sec. 3.07.
"Land owner" or "owner of land" includes any individual of legal
voting age, firm, or corporation who holds legal or equitable title to
any land lying within a district organized or proposed to be organized
under this Act. For the purposes of this Act, a list of the persons who
appear from the tax assessment rolls of the county to be owners of land
within a district or proposed district is prima facie evidence of
the names and number of such land owners.
(Source: P.A. 80-159.)
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(70 ILCS 405/3.08) (from Ch. 5, par. 108.08)
Sec. 3.08.
"Land occupier" or "occupier of land" includes any individual of
legal voting age, firm or corporation, other than the owner, who is in
legal possession of any land lying within a district organized or
proposed to be organized under this Act, whether as lessee, renter,
tenant or otherwise.
(Source: P.A. 80-159.)
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(70 ILCS 405/3.09) (from Ch. 5, par. 108.09)
Sec. 3.09.
"Due Notice" means notice given in accordance with Section 31 of this Act.
(Source: P.A. 80-159.)
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(70 ILCS 405/3.10) (from Ch. 5, par. 108.10)
Sec. 3.10.
"Proxy" means a written authorization complying with Section
32 of this Act.
(Source: P.A. 80-159.)
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(70 ILCS 405/3.11) (from Ch. 5, par. 108.11)
Sec. 3.11.
"Person" means any owner of land or the owner's
designated agent including any individual, partnership, firm,
association, joint venture, corporation, trust, estate, commission,
board, public or private institution, unit of local government, school
district, political subdivision of this State, State agency, any
interstate body or any other legal entity.
(Source: P.A. 80-159.)
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(70 ILCS 405/3.12) (from Ch. 5, par. 108.12)
Sec. 3.12.
"Land disturbing activity" means any change in land, which
may result in soil erosion from water or wind and the movement of sediments
into state waters or on to lands in the State, including but not limited
to, the tilling, clearing, grading, excavating, rehabilitating, transporting,
depositing or filling of land, other than federal lands. "Land disturbing
activity" does not include such minor activities as home gardens, individual
home landscaping, repairs, maintenance or any plat of subdivision approved
by municipal or county units of government. This Act shall encourage the
establishment of sediment and erosion control ordinances at the municipal
and county levels.
(Source: P.A. 80-159.)
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(70 ILCS 405/3.13) (from Ch. 5. par. 108.13)
Sec. 3.13.
"Waters" means any and all waters, public or private, on the
surface of the ground, which are wholly or partially contained within, flow
through or border upon this State.
(Source: P.A. 80-159.)
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(70 ILCS 405/3.14) (from Ch. 5, par. 108.14)
Sec. 3.14.
"Erosion and sediment control plan" or "plan" means a plan
for the control of soil erosion and sediment resulting from a land disturbing activity.
(Source: P.A. 80-159.)
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(70 ILCS 405/3.15) (from Ch. 5, par. 108.15)
Sec. 3.15.
"Conservation standard" or "standard" means any standard adopted
by the Department or the districts under this Act.
(Source: P.A. 80-159.)
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(70 ILCS 405/3.16) (from Ch. 5, par. 108.16)
Sec. 3.16.
"Guideline" means a guide or recommendation to be used by districts
in developing a program and standards for erosion and sediment control.
(Source: P.A. 80-159.)
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(70 ILCS 405/3.17) (from Ch. 5, par. 108.17)
Sec. 3.17.
"Board" means the State Soil and Water Conservation Districts
Advisory Board appointed under Section 4 of this Act with which the Department
and the soil and water conservation district respectively consult and advise
with regard to the erosion and sediment control provisions of this Act.
(Source: P.A. 80-159.)
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(70 ILCS 405/3.18) (from Ch. 5, par. 108.18)
Sec. 3.18.
"Point source discharge" means any discernible, confined, discrete
conveyance of pollutants to waters through pipes or conduits from sewage
treatment plants or industrial processes.
(Source: P.A. 80-159.)
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(70 ILCS 405/3.19) (from Ch. 5, par. 108.19)
Sec. 3.19.
"Enduring erosion and sediment control device, structure or
practice" means and includes any device, structure or practice designed
for the control and prevention of soil erosion and air and water pollution
for a period in excess of one year.
(Source: P.A. 80-159.)
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(70 ILCS 405/3.20) (from Ch. 5, par. 108.20)
Sec. 3.20.
"Aggrieved party" means any person whose property, resources,
interest or responsibility is being injured or impeded in value or utility
or any other manner by the adverse effects of sediment caused by soil erosion.
(Source: P.A. 80-159.)
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(70 ILCS 405/3.21) (from Ch. 5, par. 108.21)
Sec. 3.21.
"Willful or wanton misconduct" means a course of action
which shows an actual or deliberate intention to cause harm or which, if
not intentional, shows an utter indifference to or conscious disregard for
the safety of others or their property.
(Source: P.A. 86-1173.)
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(70 ILCS 405/3.23) Sec. 3.23. "Soil health" means the overall composition of the soil, including the amount of organic matter stored in the soil, and the continued capacity of soil to function as a vital living ecosystem that sustains plants, animals, and humans.
(Source: P.A. 101-484, eff. 1-1-20.) |
(70 ILCS 405/3.24) Sec. 3.24. "Healthy soils practices" means systems of agricultural, forestry, and land management practices that: (1) improve the health of soils, including, but not | ||
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(2) follow the principles of: minimizing soil | ||
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(3) include practices such as conservation tillage | ||
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(Source: P.A. 103-494, eff. 8-4-23.) |
(70 ILCS 405/3.25) Sec. 3.25. "Soil health assessment" means soil health indicator measures, including, but not limited to, soil organic matter, soil structure, infiltration and bulk density, water-holding capacity, microbial biomass, and soil respiration.
(Source: P.A. 103-494, eff. 8-4-23.) |
(70 ILCS 405/3.26) Sec. 3.26. "Initiative" means the Illinois Healthy Soils Initiative.
(Source: P.A. 103-494, eff. 8-4-23.) |
(70 ILCS 405/3.27) Sec. 3.27. "Healthy soil" means the continuing capacity of a soil to function as a vital, living biological system that sustains plants, animals, and humans, increases soil organic matter, improves soil structure and water-holding and nutrient-holding capacity and nutrient cycling, enhances water infiltration and filtration capability, promotes water quality, and results in net long-term ecological benefits. "Healthy soil" includes soil that hosts a diversity of beneficial organisms, grow vigorous crops, enhance agricultural resilience, including the ability of crops and livestock to tolerate and recover from drought, temperature extremes, extreme precipitation events, pests, diseases, and other stresses, break down harmful chemicals, and help convert organic residues into stable soil organic matter and retaining nutrients, especially nitrogen and phosphorus.
(Source: P.A. 103-494, eff. 8-4-23.) |
(70 ILCS 405/4) (from Ch. 5, par. 109)
Sec. 4.
State soil and water conservation districts advisory board.
The State Soil and Water Conservation Districts Advisory Board is
created. The Board shall consist of 7 members. The Director of the
Department and the Director of Agricultural Extension of the College of
Agriculture of the University of Illinois shall serve, ex officiis, as
members of the Board. The other 5 members shall be appointed by the
Governor by and with the advice and consent of the Senate and shall be
individuals who are the owners and active operators of farm lands in this
State and who have been engaged in farming in this State for at least 5
years next preceding their appointment, consideration having been given
to geographical location and to soil and water conservation district experience.
In case of any vacancy in such appointive office during the recess of
the Senate, the Governor shall make a temporary appointment until action
at the next meeting of the Senate, when he shall nominate some person to
fill such office; and any person so nominated who is confirmed by the
Senate shall hold his office during the remainder of the term and until
his successor is appointed and qualified. If the Senate is not in
session at the time this amendatory Act takes effect, the Governor shall
make temporary appointments as in the case of a vacancy. The appointed
members of the State Soil and Water Conservation Districts Advisory
Board shall serve for a period of 4 years, beginning on the third Monday
in January of the odd-numbered years in which they are appointed, and
until their successors are appointed and qualified. The board may invite
the Secretary of Agriculture of the United States of America to appoint
one person to serve with the above mentioned members in an advisory
capacity.
The Board may consult and advise with the qualified persons necessary with
regard to the erosion and sediment control provisions of this Act.
(Source: P.A. 80-159.)
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(70 ILCS 405/5) (from Ch. 5, par. 110)
Sec. 5.
Organization
of board.
A majority of the members of the Board shall constitute a quorum and the
concurrence of a majority of a quorum shall be required for its
determination of any matter. The Board shall elect annually a chairman from
among its appointed members. The chairman and members of the Board shall
receive no compensation for their services on the Board but shall be
entitled to their expenses, including traveling expenses, necessarily
incurred in the discharge of their duties on the Board. Except for the
Director of the Department, no Board member shall be employed by the
Department as a salaried or paid employee. The Board shall keep a full and
accurate record of all its proceedings. The Board shall hold such public
hearings as may be necessary for the execution of its functions under this
Act. The Board shall advise the Department in establishing policy under and
in the administration of this Act.
(Source: Laws 1955, p. 189.)
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(70 ILCS 405/6) (from Ch. 5, par. 111)
Sec. 6. Powers and duties. In addition to the powers and duties otherwise
conferred upon the Department, it shall have the following powers and
duties:
(1) To offer such assistance as may be appropriate to the directors
of soil and water conservation districts, organized as provided
hereinafter, in the carrying out of any of the powers and programs.
(2) To keep the directors of each of said several districts informed
of the activities and experience of other such districts, and to
facilitate an interchange of advice and experience between such
districts and cooperation between them.
(3) To coordinate the programs of the several districts so far as
this may be done by advice and consultation.
(4) To seek the cooperation and assistance of the United States and
of agencies of this State, in the work of such districts.
(5) To disseminate information throughout the State concerning the
formation of such districts, and to assist in the formation of such
districts in areas where their organization is desirable.
(6) To consider, review, and express its opinion concerning any
rules, regulations, ordinances or other action of the board of directors
of any district and to advise such board of directors accordingly.
(7) To prepare and submit to the Director of
the Department an annual budget.
(8) To develop and coordinate a comprehensive State erosion and sediment
control program, including guidelines to be used by districts in implementing
this program. In developing this program, the Department may consult with
and request technical assistance from local, State and federal agencies,
and may consult and advise with technically qualified persons and with the
soil and water conservation districts. The guidelines developed may be
revised from time to time as necessary.
(9) To promote among its members the management of marginal agricultural
and other rural lands for forestry, consistent with the goals and purposes
of the "Illinois Forestry Development Act".
Nothing in this Act shall authorize the Department or any district to
regulate
or control point source discharges to waters.
(10) To make grants subject to annual appropriation from the Build Illinois Bond Fund or any other sources,
including the federal government, to Soil and Water Conservation Districts
and the Soil Conservation Service.
(11) To provide payment for outstanding health care costs of Soil and
Water
Conservation District employees incurred between January 1, 1996 and December
31, 1996
that were eligible
for
reimbursement from the District's insurance carrier, Midcontinent Medical
Benefit Trust, but have not been paid to date by Midcontinent. All
claims
shall be filed with
the Department on or before January 30, 1998 to be considered for payment
under the provisions of this amendatory Act of 1997. The Department shall
approve or reject claims
based upon documentation and in accordance with established procedures. The
authority granted under this item (11) expires on
September 1, 1998.
Nothing in this Act shall authorize the Department in any district to
regulate or curtail point source discharges to waters.
(Source: P.A. 97-813, eff. 7-13-12.)
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(70 ILCS 405/7) (from Ch. 5, par. 112)
Sec. 7.
Employees and
assistance of other agencies.
Subject to the provisions of the "Personnel Code" enacted by the 69th
General Assembly, the Department may employ an administrative officer,
technical experts and such other agents and employees, permanent and
temporary, as it may require. The Department may call upon the Attorney
General of the State for such legal services as it may require. The
Department shall require surety bonds for all its officers and employees
who are entrusted with funds or property under this Act and shall provide
for an annual audit of their accounts. The Department may establish and
provide suitable office accommodations and the necessary supplies and
equipment.
Upon request of the Department, for the purpose of carrying out any of
its functions, the supervising officer of any State agency, or of any State
institution of learning shall, in so far as may be possible under available
appropriations, and having due regard to the needs of the agency to which
the request is directed, assign or detail to the Department members of the
staff or personnel of such agency or institution of learning and make such
special reports, surveys or studies as the Department may request.
(Source: Laws 1955, p. 2146.)
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(70 ILCS 405/8) (from Ch. 5, par. 113)
Sec. 8.
Petition for
creation of soil and water conservation districts.
Any 25 or more owners of land lying within the limits of the territory
proposed to be organized into a district who own at least 10% of the land,
by area, within such proposed district may file a petition with the
Department asking that a soil and water conservation district be organized
in the territory described in the petition. Such petition shall set forth:
(1) The proposed name of said district;
(2) That there is a need, in the interest of the | ||
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(3) A reasonably accurate description of the | ||
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(4) A request that the Department duly define the | ||
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Where more than one petition is filed covering the same or parts of the
same territory, the Department may consolidate all or any of such
petitions.
(Source: Laws 1961, p. 530.)
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(70 ILCS 405/9) (from Ch. 5, par. 114)
Sec. 9.
Notice and
hearing.
Within 30 days after such a petition has been filed with the Department,
it shall cause due notice to be given of a proposed hearing upon the
question of the desirability and necessity, in the interest of the public
health, safety, and welfare, of the creation of such district; upon the
question of the appropriate boundaries to be assigned to such district;
upon the propriety of the petition and other proceedings taken under this
Act; and upon all questions relevant to such inquiries. All land
occupiers and owners of land lying within the limits of the territory
described in the petition, and of lands within any territory considered for
addition to such described territory, and all interested parties, shall
have the right to attend such hearings and to be heard. If it shall appear
upon the hearing that it may be desirable to include within the proposed
district, territory outside of the area within which due notice of the
hearing has been given, the hearing shall be adjourned and due notice of
further hearings shall be given throughout the entire area considered for
inclusion in the district, and such further hearing held.
(Source: Laws 1951, p. 428.)
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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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(70 ILCS 405/11) (from Ch. 5, par. 116)
Sec. 11.
Determination of administrative practicability and feasibility.
After the Department has made and recorded a determination that there is
need, in the interest of public health, safety, and welfare, for the
organization of a district in a particular territory and has defined the
boundaries thereof, it shall consider the question whether the operation of
a district within such boundaries with the powers conferred upon soil and
water conservation districts in this Act is administratively practicable
and feasible. To assist the Department in the determination of such
administrative practicability and feasibility, it shall within a reasonable
time after entry of the determination that there is need for the
organization of the proposed district and the determination of the
boundaries thereof, hold a referendum within the proposed district upon the
proposition of the creation of the district, and cause due notice of any
such referendum to be given.
The question shall be submitted upon ballot in substantially the
following form:
Place an X in the square opposite the
proposition for which you desire to vote.
For creation of a soil and waterconservation district of the landsdescribed below and situated inthe county or counties of (here in-sert name of county or counties).
Against creation of a soil andwater conservation district of thelands described below and situatedin the county or counties of (hereinsert name of county or counties).
(Here insert description.)
Only owners of land lying within the boundaries of the proposed district
as determined by the Department shall be eligible to vote in such
referendum, and each such owner of land shall have one vote. Owners of land
may vote in person or by absentee ballot.
In all cases where a petition for the organization of a district carries
the names of more than 55 per cent of the land owners within the proposed
district, the Department may determine the question of whether the
operation of the district is administratively practicable and feasible
without holding a referendum.
(Source: Laws 1961, p. 530.)
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(70 ILCS 405/12) (from Ch. 5, par. 117)
Sec. 12.
Conduct of
referenda.
The Department shall pay all expenses for the issuance of such notices
and the conduct of such hearings and referenda and shall supervise the
conduct of such hearings and referenda. It shall issue appropriate
regulations governing the conduct of such hearings and referenda, and
providing for the registration prior to the date of the referendum of all
eligible voters, or prescribing some other appropriate procedure for the
determination of those eligible as voters in such referendum. No
informalities in the conduct of such referendum or in any matters relating
thereto shall invalidate said referendum or the result thereof if notice
thereof shall have been given substantially as herein provided and said
referendum shall have been fairly conducted.
(Source: Laws 1951, p. 428.)
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(70 ILCS 405/13) (from Ch. 5, par. 118)
Sec. 13.
Recordation
and determination.
The Department shall publish the result of such referendum. If a
majority of the owners of land lying within the district voted in favor of
the creation of the district, and if the Department determines that the
attitude of such owners, the approximate wealth and income of such
landowners, the probable expense of carrying on erosion control operations
within such district, and other economic and social factors as may be
relevant are such that the operation of such district is administratively
practicable and feasible, it shall record such determination and shall
proceed with the organization of the district in the manner hereinafter
provided. If less than a majority of the owners of land in such district
vote in favor of the creation of such district, or if the Department
determines that the attitude of such owners, the approximate wealth and
income of such landowners, the probable expense of carrying on erosion
control operations within such district, and other economic and social
factors as may be relevant are such that the operation of the proposed
district is not otherwise practicable and feasible, it shall record such
determination and deny the petition.
(Source: Laws 1955, p. 189.)
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(70 ILCS 405/14) (from Ch. 5, par. 119)
Sec. 14.
Organization
of district.
If the Department shall determine that the operation of the proposed
district is administratively practicable and feasible, it shall appoint 2
temporary directors, who shall hold office until the election and
qualification of the permanent board of directors as provided in Section
19. Such district shall be a public body corporate and politic, upon the
taking of the following proceedings:
The 2 temporary directors shall present to the Secretary of State an
application signed by them, which shall set forth (and such application
need contain no detail other than the mere recitals): (1) that a petition
for the creation of the district was filed with the Department pursuant to
the provisions of this Act, and that the proceedings specified in this Act
were taken pursuant to such petition; that the application is being filed
in order to complete the organization of the district as a public body,
corporate and politic, under this Act; that the Department has appointed
them as temporary directors; (2) the name and official residence of each of
the temporary directors; (3) the name which is proposed for the district;
and (4) the location of the principal office of the district. The
application shall be subscribed and sworn to by each of the said temporary
directors before an officer authorized by the laws of this State to take
acknowledgments of deeds, who shall certify upon the application that he
personally knows the temporary directors and knows them to be the officers
as affirmed in the application, and that each has subscribed thereto in the
officer's presence. The application shall be accompanied by a statement by
the Department, which shall certify (and such statement need contain no
detail other than the mere recitals) that a petition was filed, notice
issued, and hearing held as aforesaid; that the Department did duly
determine 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
proposed territory and did define the boundaries thereof; that notice was
given and a referendum held on the question of the creation of such
district; and that a majority of the owners of land lying within the
district voted in favor of the creation of the district; that thereafter
the Department did duly determine that the operation of the proposed
district is administratively practicable and feasible and that 2 temporary
directors, naming them, were duly appointed. The said statement shall set
forth the boundaries of the district as they have been defined by the
Department.
(Source: Laws 1961, p. 530.)
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(70 ILCS 405/15) (from Ch. 5, par. 120)
Sec. 15.
Certificate
of organization.
The Secretary of State shall examine the application and statement and,
if he finds that the name proposed for the district is not identical with
that of any other district of this State or so nearly similar as to lead to
confusion or uncertainty, he shall receive and file them and shall record
them in an appropriate book of record in his office. If the Secretary of
State finds that the name proposed for the district is identical with that
of any other district of this State, or so nearly similar as to lead to
confusion and uncertainty, he shall certify such fact to the Department,
which shall thereupon submit to the Secretary of State a new name for the
district, which is not subject to such defects. Upon receipt of such new
name, free of such defects, the Secretary of State shall record the
application and statement, with the name so modified, in an appropriate
book of record in his office. When the application and statement have been
made, filed, and recorded, as herein provided, the district constitutes a
public body corporate and politic. The Secretary of State shall make and
issue to the temporary directors a certificate, under the seal of the
State, of the due organization of the district, and shall record such
certificate with the application and statement. A copy of the statement and
the certificate of organization, duly certified by the Secretary of State,
shall be recorded with the recorder of the county in which the
office of the district is located.
(Source: P.A. 83-358.)
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(70 ILCS 405/15.01) (from Ch. 5, par. 120.1)
Sec. 15.01.
Whenever it is desired to change the name of an existing
district the directors shall submit the proposed new name to the
Department, together with their reasons for desiring the change. If the
Department approves the change it shall submit the proposed name to the
Secretary of State who, if he finds that the proposed name is not identical
with that of any other district of this state or so nearly similar as to
lead to confusion or uncertainty, he shall receive and record the change in
an appropriate book of record in his office. If the Secretary of State
finds that the name proposed for the district is identical with that of any
other district of this State, or so nearly similar as to lead to confusion
and uncertainty, he shall certify such fact to the Department, which shall
thereupon submit to the Secretary of State a new name for the district,
which is not subject to such defects and which is satisfactory to the
directors. Upon receipt of such new name, free of such defects, the
Secretary of State shall record the change in an appropriate book of record
in his office.
(Source: Laws 1951, p. 428.)
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(70 ILCS 405/16) (from Ch. 5, par. 121)
Sec. 16.
Subsequent
petitions.
No subsequent petitions covering the same or substantially the same land
shall be filed within one year after the denial of a preceding petition.
(Source: Laws 1937, p. 10.)
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(70 ILCS 405/17) (from Ch. 5, par. 122)
Sec. 17.
Included territory.
All of the territory
contained within the
boundaries of a county or counties shall be a part of the Soil and Water
Conservation District whose territories are located within the county or
counties except in Cook County in which case all of the territory north of 22nd
Street also known as Cermak Road, shall be a part of the North Cook Soil and
Water Conservation District and all of the territory of Cook County that is
south of 22nd Street also known as Cermak Road, shall be a part of the
Will-South Cook Soil and Water Conservation District. The boundaries for any
District consolidated after July 1, 1996 in accordance with Section 26a of this
Act shall encompass all territory contained within those Districts so
consolidating.
(Source: P.A. 91-327, eff. 1-1-00.)
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(70 ILCS 405/18) (from Ch. 5, par. 123)
Sec. 18.
Certificate
evidence of organization.
In any suit, action, or proceeding involving the validity or enforcement
of, or relating to, any contract, proceeding, or action of the district,
the district shall be deemed prima facie to have been established in
accordance with the provisions of this Act upon proof of the issuance of
the aforesaid certificate by the Secretary of State. A copy of such
certificate duly certified by the Secretary of State shall be admissible in
evidence in any such suit, action, or proceeding and shall be proof of the
filing and contents thereof.
(Source: Laws 1937, p. 10.)
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(70 ILCS 405/19) (from Ch. 5, par. 124)
Sec. 19.
Governing
body of district.
The governing body of the district shall consist of 5 directors, who
shall be owners or occupiers of lands within the district in which they
serve.
Five directors shall be elected before March 1 in the year 1948, three
of whom shall serve until the first Monday of March, 1950, and the
remaining two shall serve until the first Monday of March, 1949. Successive
elections shall be held before March 1 of each year and each director so
elected shall serve during the two-year period commencing with the first
Monday in March of the year in which he was elected.
Any vacancy in the office of director may be filled by appointment by
the remaining directors. The person so appointed shall hold office until
the next election at which a member of the governing board of the district
is elected. At such election a person shall be elected to fill the vacancy,
if there is sufficient time to meet the requirements for nomination.
Otherwise, the person appointed to fill the vacancy shall hold office until
the expiration of the term of the director whom he succeeded.
(Source: P.A. 76-110.)
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(70 ILCS 405/19.01) (from Ch. 5, par. 124.1)
Sec. 19.01.
Occupiers of land lying within the district are eligible to
hold office and to vote at all elections held in such district except at
elections held for the adoption or approval of land-use regulations.
(Source: Laws 1955, p. 189.)
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(70 ILCS 405/20) (from Ch. 5, par. 125)
Sec. 20.
Nomination,
election of directors.
Within 30 days after the issuance of the Secretary of State of the
certification of organization of a soil and water conservation district,
nominating petitions may be filed with the Department for the nomination of
candidates for directors of such district. The Department may extend the
time within which such nominating petitions may be filed. After the first
election nominating petitions may be filed with the Department not more
than 60 days nor less than 20 days prior to the date of the election. No
nominating petition shall be accepted by the Department unless it shall be
subscribed by 25 or more owners or occupiers of land, or both, lying within
the boundaries of such district. Land owners or occupiers, or both, may
sign more than one such nominating petition. The names of all nominees on
behalf of whom such nominating petitions have been filed in the time herein
designated or such further time as may be granted by the Department shall
appear, arranged in the alphabetical order of the surnames upon ballots
with a square before each name and a direction to insert an X in the square
before a number of names equal to the number of directors to be elected,
and with instructions to vote for not more than the proper number of
directors. Only owners or occupiers of land, or both, lying within the
district are eligible to vote in such election and each shall be entitled
to cast one ballot. Such ballot may be cast in person or by absentee
ballot. The Department shall prescribe regulations governing the conduct of
such election and the determination of the eligibility of voters therein,
and shall announce the results thereof. The 5 nominees receiving the
highest number of votes shall be declared elected.
(Source: Laws 1961, p. 530.)
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(70 ILCS 405/20.01) (from Ch. 5, par. 125.1)
Sec. 20.01.
Upon petition of the directors of any district, the Department
may authorize that district to nominate and elect directors at annual
meetings of the owners or occupiers of land, or both, lying within the
district rather than according to the provisions of Section 20. Such
meetings shall be held on or before March 1 of each year and directors
elected at such meetings shall take office in the same manner as those
elected pursuant to Section 20.
(Source: Laws 1955, p. 189.)
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(70 ILCS 405/21) (from Ch. 5, par. 126)
Sec. 21.
Organization
of governing body.
The directors shall elect one of their members as chairman to hold for
such time as the directors may determine but no longer than the term for
which he was elected. A majority of the directors shall constitute a quorum
and the concurrence of a majority of a quorum in any matter shall be
required for its determination. Directors may receive reasonable
compensation for their services not to exceed $20 per day and may be
reimbursed for expenses, including traveling expenses, necessarily incurred
in the discharge of their duties. The directors may employ such technical
assistants as the district needs. The directors may also employ a secretary
and such other officers, agents and employees, permanent and
temporary, as they may require and shall determine their qualifications,
duties and compensation. The directors may delegate to their chairman or to
one or more agents or employees such powers and duties as they deem proper.
The directors shall keep a record of all their actions and proceedings and
of all resolutions, regulations and orders issued or adopted by them; and
shall adopt a seal, which seal shall be judicially noticed.
The directors shall provide for the execution of surety bonds for all
employees and officers who shall be entrusted with funds or property; and
shall provide for an annual financial report of the results of an examination
and review of the accounts of receipts and
disbursements in a manner prescribed by the Department.
The directors may provide employee benefits through the Illinois
Municipal Retirement Fund if the district meets the applicable requirements
of the Illinois Pension Code and the Federal Social Security Act.
The directors may invite any municipal corporation or county located
near the territory comprised within the district to designate a
representative to advise and consult with the directors of the district on
all questions of program and policy which may affect the property, roads,
water supply, or other interests of such municipal corporation or county.
(Source: P.A. 90-192, eff. 7-24-97.)
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(70 ILCS 405/22) (from Ch. 5, par. 127)
Sec. 22.
Powers of
districts and directors.
A soil and water conservation district organized under the provisions of
this Act shall constitute a public body, corporate and politic, exercising
public powers, and such district and the directors thereof shall, in
addition to the powers created in other Sections of this Act, have the
powers enumerated in Sections 22.01 through 22.12, each inclusive.
(Source: P.A. 85-483.)
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(70 ILCS 405/22.01) (from Ch. 5, par. 127.1)
Sec. 22.01.
To initiate and conduct surveys, investigations and research and to
develop comprehensive plans for the conservation of soil and water
resources, improvement of soil health, and for the control and prevention of soil erosion and erosion,
floodwater and sediment damages within the district, which plans shall
specify in such detail as may be practicable the acts, procedure,
performances and avoidances which are necessary or desirable for the
effectuation of such plans, including the specification of engineering
operations, methods of cultivation, the growing of vegetation, cropping
programs, tillage practices, incorporation of perennial plants, and changes in use of land; and, with the
approval and assistance of the Department, to publish such plans and
information and bring them to the attention of owners and occupiers of land
within the district.
(Source: P.A. 101-484, eff. 1-1-20.)
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(70 ILCS 405/22.02) (from Ch. 5, par. 127.2)
Sec. 22.02.
To carry out preventive and control measures within the
district including, but not limited to, engineering operations, methods of
cultivation, the growing of vegetation, changes in use of land on lands
owned or controlled by this State or any of its agencies, with the
cooperation of the agency administering and having jurisdiction thereof,
and on any other lands within the district upon obtaining the consent of
the owners and occupiers of such lands or the necessary rights or interests
in such lands.
(Source: Laws 1953, p. 1063.)
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(70 ILCS 405/22.02a) (from Ch. 5, par. 127.2a)
Sec. 22.02a.
The Soil and Water Conservation District shall make all natural resource
information available to the appropriate county agency or municipality in
the promulgation of zoning ordinances or variances. Any person who
petitions any municipality or county agency in the district for variation,
amendment, or other relief from that municipality's or county's zoning
ordinance or who proposes to subdivide vacant or agricultural lands therein
shall furnish a copy of such petition or proposal to the Soil and Water
Conservation District. The Soil and Water Conservation District shall be
given not more than 30 days from the time of receipt of the petition or
proposal to issue its written opinion concerning the petition or proposal
and submit the same to the appropriate county agency or municipality for
further action.
(Source: P.A. 77-1757.)
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(70 ILCS 405/22.03) (from Ch. 5, par. 127.3)
Sec. 22.03.
To cooperate, or enter into agreements with, and within the
limits of appropriations duly made available to it by law, to furnish
financial or other aid to, any agency, governmental or otherwise, or any
owner or occupier of lands within the district, in the carrying on of soil health improvement,
erosion-control, and flood prevention operations within the district,
subject to such conditions as the directors may deem necessary to advance
the purposes of this Act.
(Source: P.A. 101-484, eff. 1-1-20.)
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(70 ILCS 405/22.03a) Sec. 22.03a. Illinois Healthy Soils Initiative. (a) The Illinois Healthy Soils Initiative is created. It is the purpose of the Initiative to improve the health of soils through efforts that improve soil and water quality, increase the resilience of ecosystems to extreme weather events, protect and improve agricultural productivity, and support aquatic and wildlife habitat. Subject to appropriation, the Initiative shall be administered by the Director of Agriculture with consultation from soil and water conservation districts, the Illinois Environmental Protection Agency, the Department of Natural Resources, and the University of Illinois Extension Program. The Department shall create guidelines and guidance to assist soil and water
conservation districts in developing soil health assessments in order to identify desired capacity and funding levels and establish regular, measurable, cost-effective, and technically achievable goals to advance voluntary and incentive-based strategies that improve healthy soils. These assessments shall be used to identify opportunities to access financial and technical assistance from local, State, and federal sources to guide resources to their best potential use. The Initiative shall complement and improve coordination of existing resources and processes and shall not replace existing, local, State, or federal funding or technical assistance programs. The Department shall report on progress of the Initiative annually. The Initiative shall promote voluntary and incentive-based soil health efforts. No part of this Section shall be used to impose mandates or require practice adoption.
(Source: P.A. 103-494, eff. 8-4-23.) |
(70 ILCS 405/22.03b) Sec. 22.03b. Guidelines for soil health assessments. The Department shall adopt and revise guidelines to assist soil and water conservation districts in determining local goals and needs for implementing soil health assessments. In developing its guidelines to assist soil and water conservation districts in determining local goals and needs for soil health assessments, the Department shall consider: (1) county and State levels of conservation practice | ||
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(2) information regarding beginning, socially | ||
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(3) availability of State and federal financial and | ||
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(4) opportunities for evaluating results-based | ||
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The information collected through the development of the guidelines shall be compiled and provided to the soil and water conservation districts to inform the development of local soil health assessments. Initial guidelines shall be completed and provided to soil and water conservation districts annually and shall include the grant agreement for the Soil and Water Conservation District Grants Program as well as outlining the funding resource support contained within the grant agreement to better inform the development of local soil health assessments.
(Source: P.A. 103-494, eff. 8-4-23.) |
(70 ILCS 405/22.03c) Sec. 22.03c. Local soil health assessments. Upon the adoption of guidelines described in Section 22.03b, each soil and water conservation district shall develop annually its own soil health assessment to guide voluntary and incentive-based strategies to improve soil health. The soil health assessment shall be technically feasible and economically reasonable. The Department shall provide a template to the districts for the local soil health assessment, including the required information listed in this Section as well as information regarding available data and support materials collected as the guidance information listed in Section 25. Each district is encouraged to collaborate with other local governmental entities and local stakeholders in developing and implementing its soil health assessment. Each district shall use the guidelines provided by the Department in developing its soil health assessment. Upon the request of a district, the Department may assist in the preparation of the district's soil health assessment. Districts may also work collaboratively to establish joint plans to leverage existing capacity and resources most effectively. To carry out its assessment, a district shall identify soil health practices. The soil health assessment must consider opportunities to access, leverage, and use State and federal resources within a specific soil and water conservation district service area. Soil and water conservation districts may also convene producer-led dialogues to identify special initiatives or pilot projects to leverage additional resources and implement soil health practices at scale across multiple operations and land ownerships. In developing a soil health assessment, the soil and water conservation district shall: (1) evaluate existing assets, such as current | ||
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(2) consider the eligible funding categories | ||
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(3) determine vulnerabilities, such as runoff risk, | ||
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(4) identify opportunities to conduct outreach to | ||
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(5) establish goals for achieving measurable outcomes | ||
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(6) estimate 2-year funding levels needed from State, | ||
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(7) identify opportunities to develop partnerships | ||
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The Department shall identify shared goals and priorities between districts and shall assist in developing partnerships and shared funding approaches to maximize capacity and resources. Initial soil health assessments shall be submitted to the Department by September 1, 2024.
(Source: P.A. 103-494, eff. 8-4-23.) |
(70 ILCS 405/22.03d) Sec. 22.03d. Compliance and standards; cost sharing. To be eligible to receive State cost-share support after September 1, 2024, soil and water conservation districts shall have an updated soil health assessment. The Department shall update its rules and procedures for cost-share funding to be inclusive of all relevant soil health practices promoting the rapid adoption of cost-effective and technically feasible projects. Updates to the rules and procedures for State cost-share programs shall also address barriers to access experienced by beginning, socially disadvantaged, and veteran farmers. The Department may require results-based practices or the assessments of the environmental outcomes of projects, at the field or county level, as a condition of cost-share funding.
(Source: P.A. 103-494, eff. 8-4-23.) |
(70 ILCS 405/22.04) (from Ch. 5, par. 127.4)
Sec. 22.04.
To obtain options upon and to acquire, by purchase, exchange,
lease, gift, grant, legacy or through condemnation, any property,
real or personal, or rights or interests therein necessary for the purpose
of the district; to maintain, administer and improve any properties
acquired, to receive income from such properties and to expend such income
in carrying out the purposes and provisions of this Act; and to sell,
lease or otherwise dispose of any of its property or interests therein in
furtherance of the purposes and provisions of this Act.
(Source: P.A. 83-388.)
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(70 ILCS 405/22.04a) Sec. 22.04a. Eminent domain. Notwithstanding any other provision of this Act, any power granted under this Act to acquire property by condemnation or eminent domain is subject to, and shall be exercised in accordance with, the Eminent Domain Act.
(Source: P.A. 94-1055, eff. 1-1-07.) |
(70 ILCS 405/22.05) (from Ch. 5, par. 127.5)
Sec. 22.05.
To make available, on such terms as it shall prescribe, to
landowners or occupiers within the district, the use of agricultural and
engineering machinery and equipment, and such other material or equipment
as will assist such landowners or occupiers to carry on operations upon
their lands for the conservation and improvement of soil health and soil and water resources and for the
prevention and control of loss of soil health, soil erosion, and erosion floodwater and sediment
damages.
Soil and water conservation districts may engage in the direct sale of
trees,
shrubs, or other plant materials as provided in this Section. Plant materials
that may
be sold are seeds of annual or perennial plants, bare-root stock, or stock in
pots not
to exceed one gallon. The plant material shall be advertised as follows:
"These plants are for conservation purposes only and | ||
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For purposes of this Section, "stock" means hardwood trees not to
exceed 48 inches, conifers not to exceed 36 inches, shrubs not to exceed 24
inches, or any other plant materials not to exceed 24 inches.
(Source: P.A. 101-484, eff. 1-1-20.)
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(70 ILCS 405/22.06) (from Ch. 5, par. 127.6)
Sec. 22.06.
To construct, improve, operate and maintain such structures as
may be necessary for the performance of any of the operations authorized in
this Act.
(Source: Laws 1955, p. 189.)
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(70 ILCS 405/22.07) (from Ch. 5, par. 127.7)
Sec. 22.07.
To take over, by purchase, lease or by voluntary agreement, and
to administer, any soil-conservation, water-conservation, flood-prevention,
erosion-control or erosion-prevention project located within its
boundaries, undertaken by the United States, or by this State or any of its
agencies; to manage, as agent of the United States, with its consent, or of
this State, with its consent, or of any of its agencies, any such project
within its boundaries to act as agent if so desired and requested for the
United States, or for this State or any of its agencies, in connection with
the acquisition, construction, operation or administration of any such
project within its boundaries; to accept donations, gifts and contributions
in money, services, materials, or otherwise, from the United States, or
from this State or any of its agencies, and from any other source, and to
use or expend such district moneys, services, materials, or other
contributions in carrying on its operations.
(Source: Laws 1961, p. 530.)
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(70 ILCS 405/22.07a) (from Ch. 5, par. 127.7a)
Sec. 22.07a.
To cooperate and effectuate agreements with individuals or
agencies of government, and to plan, construct, operate, and maintain
programs and projects relating to the improvement of soil health and conservation of the renewable natural
resources of soil, water, forests, fish, wildlife, and air in this state,
for the control and prevention of loss of soil health, soil erosion, floods, flood water and
sediment damages, and impairment of dams and reservoirs; to assist in
maintaining the navigability of rivers and harbors, and in addition, to
cooperate with local interests and agencies of government in providing
domestic and industrial municipal and agricultural water supplies and
recreational project developments and improvements.
(Source: P.A. 101-484, eff. 1-1-20.)
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(70 ILCS 405/22.07b) (from Ch. 5, par. 127.7b)
Sec. 22.07b.
Natural area guardians.
The governing body of any soil
and water conservation district may designate Natural Area Guardians for
the purpose of managing natural areas on the Illinois Natural Areas
Inventory and natural areas of regional or local significance designated by
the governing body within the district. The powers of the Natural Area
Guardians shall include the following:
(1) Locating and inventorying natural areas of | ||
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(2) Managing or restoring natural areas in the | ||
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(3) Assisting landowners in managing natural areas at | ||
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(4) Providing education programs concerning natural | ||
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No individual or entity other than a district governing body, as provided
in this Section, shall designate Natural Area Guardians.
Natural Area Guardians shall have no power with respect to those areas
designated as National Historical Sites or Areas.
(Source: P.A. 87-85.)
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(70 ILCS 405/22.08) (from Ch. 5, par. 127.8)
Sec. 22.08.
To sue and be sued in the name of the district; to be
represented by the Attorney General of the State who shall provide such
legal services as may be required; to have perpetual succession unless
terminated as hereinafter provided; to make and execute contracts and other
instruments, necessary or convenient to the exercise of its powers, to
make, and from time to time amend and repeal, rules and regulations not
inconsistent with this Act, to carry into effect its purposes and powers.
No director or officer serving without compensation, other than
reimbursement for expenses and services that are consistent with the
provisions of Section 21 of this Act, of a district organized under this
Act and exempt, or qualified for exemption, from taxation pursuant to
Section 501(c) of the Internal Revenue Code of 1986, as amended, and no
employee of such a district while receiving compensation in the conduct of
the employee's assigned duties and responsibilities, shall be liable, and
no cause of action may be brought, for damages resulting from the exercise
of judgment or discretion in connection with the duties or responsibilities
of such director, officer or employee unless the act or omission involved
willful or wanton misconduct.
(Source: P.A. 86-1173.)
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(70 ILCS 405/22.09) (from Ch. 5, par. 127.9)
Sec. 22.09.
As a condition to the extending of any benefits under this
Act to, or the performance of work
upon, any lands not owned or controlled by this State or any of its agencies,
the directors may require contributions
in money, services, materials, or otherwise to any operations conferring
such benefits, and may require land owners to
enter into and perform such agreements or covenants as to the permanent
use of such lands as will tend to prevent
or control erosion thereof; or promote the welfare of the lands of the district.
The District may charge fees to any person who makes a request for services
or receives benefits
rendered by the District, or who causes or undertakes to cause the District
to perform a function prescribed by this
Act, including but not limited to any function prescribed by Section 22.02a
of this Act, provided that such charges
are uniform. The Directors shall maintain a uniform schedule for such fees
and may from time to time revise such
schedule. The charging of any such fees if uniformly charged and in accordance
with a uniform schedule by any
District to any person for any such service or benefits or performance of
any such functions prior to the effective
date of this amendatory Act of 1975 is ratified.
(Source: P.A. 79-640.)
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(70 ILCS 405/22.10) (from Ch. 5, par. 127.10)
Sec. 22.10.
To incur indebtedness as they deem proper in the conduct of
the business of the district.
(Source: P.A. 84-113.)
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(70 ILCS 405/22.11) (from Ch. 5, par. 127.11)
Sec. 22.11.
Purchases made pursuant to this Act shall be made in
compliance with the "Local Government Prompt Payment Act", approved by the
Eighty-fourth General Assembly.
(Source: P.A. 84-1308.)
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(70 ILCS 405/22.12) (from Ch. 5, par. 127.12)
Sec. 22.12.
To carry out its duties under the Water Use Act of 1983.
(Source: P.A. 85-483.)
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(70 ILCS 405/22.13) Sec. 22.13. District use of sign posts or poles for signs. Notwithstanding any other provision of law, a district may request that the Department of Transportation install a sign related to the district on an existing or new Department sign post or pole in a public right-of-way. The Department must manufacture and install the sign. The district must reimburse the Department only for the reasonable cost of manufacturing the sign.(Source: P.A. 103-262, eff. 1-1-24.) |
(70 ILCS 405/22a) (from Ch. 5, par. 127a)
Sec. 22a.
The directors shall file with the Department, upon request of
said Department, copies of such ordinances, rules, regulations, orders,
contracts, forms and other documents as they shall adopt or employ, and
such other information concerning their activities as the Department may
require in the performance of its duties under this Act.
(Source: Laws 1953, p. 1063.)
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(70 ILCS 405/23) (from Ch. 5, par. 128)
Sec. 23.
Adoption of land-use regulations.
The directors of any district
shall have authority to formulate
regulations governing the use of lands within the district in the interest
of conserving soil, soil resources, water and water resources and
preventing and controlling soil erosion and erosion, floodwater and
sediment damages. The directors shall conduct such public meetings and
public hearings upon tentative regulations as may be necessary to assist
them in this work. The directors shall not have authority to enact such
land-use regulations into law until after they shall have caused due notice
to be given of their intention to conduct a referendum for submission of
such regulations to the land owners within the boundaries of the district
for their approval or disapproval of such proposed regulations, shall have
held such referendum, and shall have considered the result of such
referendum. The proposed regulations shall be embodied in a proposed
ordinance. Copies of such proposed ordinance shall be filed with the
Department for an expression of opinion. The opinion of the Department and
any statement it may issue with reference thereto shall be made known to
the owners in such district at least 10 days prior to the date of any
referendum thereon. Copies of such proposed ordinance shall be available
for distribution among, and inspection by owners and occupiers of land in
the district during the period between publications of such notice and the
date of the referendum. The notices of the referendum shall recite the
contents of such proposed ordinance and shall state where copies of such
proposed ordinance may be examined or obtained. The question shall be
submitted by ballots, upon which the words "For approval of proposed
ordinance No....., prescribing land-use regulations for conservation of
soil and water and prevention of erosion" and "Against approval of proposed
ordinance No....., prescribing land-use regulations for conservation of
soil and water and prevention of erosion" shall appear, with a square
before each proposition and a direction to insert an X mark in the square
before one or the other of those propositions. A summary or digest of the
provisions of the proposed ordinance shall also appear on such ballots. The
directors shall supervise such referendum, shall prescribe appropriate
regulations governing the conduct thereof, and shall publish the result
thereof. All the owners of land within the district shall be eligible to
vote in such referendum and each shall have one vote. Such vote may be cast
in person or by absentee ballot. No informalities in the conduct of such
referendum or in any matters relating thereto shall invalidate such
referendum or the result thereof if notice thereof shall have been given
substantially as herein provided and such referendum shall have been fairly
conducted.
The directors shall not have authority to enact such proposed ordinance
into law unless at least three-fourths of the owners of land voting in such
referendum shall vote in such referendum for approval of the proposed
ordinance. The approval of the proposed ordinance by three-fourths of the
land owners voting on the proposition shall not be deemed to require the
directors to enact such proposed ordinance into law. Land-use regulations
prescribed in ordinances adopted pursuant to this Section by the directors
of any district shall have the force and effect of law in the district and
shall be binding and obligatory upon all owners of lands within such
district.
Any owner of land within such district may at any time file a petition
with the directors asking that any or all of the land-use regulations
prescribed in any ordinance adopted by the directors under this Section
shall be amended, supplemented, or repealed. Land-use regulations
prescribed in any ordinance adopted pursuant to this Section shall not be
amended, supplemented, or repealed except in accordance with the procedure
prescribed in this Section for adoption of land-use regulations. Referenda
on adoption, amendment, supplementation, or repeal of land-use regulations
shall not be held more often than once in 6 months.
The regulations to be adopted by the directors under this Section may
include:
1. Provisions requiring the carrying out of necessary | ||
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2. Provisions requiring observation of particular | ||
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3. Provisions requiring the permanent retirement from | ||
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4. Provisions for such other means, measures, | ||
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5. Provisions prohibiting the clearcutting of trees | ||
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However, these provisions shall not prohibit a public utility from
maintaining its transmission facilities and rights of way.
The regulations shall be uniform throughout the territory comprised
within the district except that the directors may classify the lands within
the district with reference to such factors as soil type, degree of slope,
degree of erosion threatened or existing, cropping and tillage practices in
use, and other relevant factors, and may provide regulations varying with
the type or class of land affected, but uniform as to all lands within each
class or type. Copies of land-use regulations adopted under this Section
shall be printed and made available to all owners and occupiers of lands
lying within the district.
No authority exercised by or procedure authorized by a district pursuant to
this Section 23 imposes any restriction or mandate on land use practices and
other policies of municipalities with respect to land located in that
municipality, unless the corporate authorities of that municipality authorize
by resolution the application of that district's land use regulations within
the municipality's corporate limits.
(Source: P.A. 91-327, eff. 1-1-00.)
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(70 ILCS 405/24) (from Ch. 5, par. 129)
Sec. 24.
Enforcement
of land-use regulations.
The directors shall have authority to go upon any lands within the
district to determine whether land-use regulations adopted under the
provisions of Section 23 of this Act are being observed. The directors
are further authorized to provide by ordinance that any land owner who
shall sustain damages from any violation of such regulations by any other
land owner may recover damages at law from such other land owner for such
violation.
(Source: Laws 1937, p. 10.)
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(70 ILCS 405/25) (from Ch. 5, par. 130)
Sec. 25.
Performance
of work by the directors.
Where the directors of any district shall find that any of the
provisions of land-use regulations prescribed in an ordinance adopted in
accordance with the provisions of Section 23 hereof are not being
observed on particular lands, and that such non-observance tends to
increase erosion and is interfering with the prevention or control of
erosion and erosion, floodwater and sediment damages on other lands within
the district, the directors shall notify the owner of such lands of such
non-observance and that upon his failure to comply with the provisions of
such land-use regulations within such reasonable time as may be fixed in
such notice a petition for authority to perform such work will be presented
to the Circuit Court for the county in which the land of the defendant or a
major portion thereof, may lie. If the owner of such lands then fails to
comply with the provisions of such land-use regulations, the directors may
present to such Circuit Court a petition, duly verified, setting forth the
adoption of the ordinance prescribing land-use regulations, the failure of
the defendant land owner to observe such regulations, and to perform
particular work, operations, or avoidances as required thereby, and that
such non-observance tends to increase erosion and erosion, floodwater and
sediment damages on such lands and is interfering with the prevention or
control of erosion on other lands within the district, and praying the
court to require the defendant to perform the work, operations, or
avoidances within a reasonable time and to order that if the defendant
shall fail so to perform the directors may go on the land, perform the work
or other operations or otherwise bring the condition of such lands into
conformity with the requirements of such regulations. Upon the presentation
of such petition, the court shall cause process to be issued against the
defendant, and shall hear the case. If it shall appear to the court that
testimony is necessary for the proper disposition of the matter, it may
take evidence, or appoint a referee to take such evidence as it may direct
and report the same to the court with his findings of fact and conclusions
of law, which shall constitute a part of the proceedings upon which the
determination of the court shall be made. The court may dismiss the
petition; or it may require the defendant to perform the work, operations,
or avoidances, and may provide that upon the failure of the defendant to
initiate such performance within the time specified in the order of the
court, and to prosecute the same to completion with reasonable diligence,
the directors may enter upon the lands involved and perform the work or
operations or otherwise bring the condition of such lands into conformity
with the requirements of the regulations and recover the costs and expenses
thereof, with interest at the rate of five per centum per annum, from the
land owner of such lands.
The court shall retain jurisdiction of the case until after the work has
been completed. Upon completion of such work pursuant to such order of the
court the directors may file a petition with the court, a copy of which
shall be served upon the defendant in the case, stating the costs and
expenses sustained by them in the performance of the work and praying
judgment therefor with interest. The court shall have jurisdiction to enter
judgment for the amount of such costs and expenses, with interest at the
rate of five per centum per annum until paid, together with the costs of
suit, including a reasonable attorney's fee to be fixed by the court.
(Source: Laws 1955, p. 189.)
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(70 ILCS 405/26) (from Ch. 5, par. 131)
Sec. 26.
Cooperation
between districts.
The directors of any two or more districts organized under the
provisions of this Act may cooperate with one another in the exercise of
any or all powers conferred in this Act.
(Source: Laws 1937, p. 10.)
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(70 ILCS 405/26a) (from Ch. 5, par. 131a)
Sec. 26a.
Any 25 or more owners of lands lying within the boundaries
of any district organized under the provisions of this Act may file,
with the Department, a petition proposing the consolidation of such
district with one or more adjoining soil conservation districts. Such
petition shall set forth: (1) the names of the districts proposed to be
consolidated, and (2) the proposed name of the consolidated district.
Within 30 days after such petition is filed the Department shall
submit the proposal to the directors of each district proposed to be
consolidated. The Directors of each such district, shall within 30 days
thereafter, adopt and forward to the Department a resolution approving
or disapproving the proposed consolidation.
If the directors of all of the said districts approve the proposals
to consolidate such districts, it shall be the duty of the Department to
give 10 days notice of the holding of a referendum by causing such
notice to be published at least once in one or more newspapers having
general circulation within the district and to hold a referendum within
each such district upon the proposition or the proposed consolidation.
Except as otherwise provided in this Act, the proposition shall be
submitted in accordance with Section 28-3 of the Election Code.
The question at such referendum shall be submitted upon ballots in
substantially the following form:
Place an X in the square opposite the
proposition for which you desire to vote.
For approval of the proposedconsolidation of (here insert namesof districts to be consolidated)into one soil and waterconservation district. Against approval of theproposed consolidation of (hereinsert names of districts to beconsolidated) into one soil andwater conservation district.
Only owners or occupiers of land, or both, lying within the districts
are eligible to vote in such referendum and each shall have one vote.
Eligible voters may vote in person or by absentee ballot.
If a majority of the votes cast in the referendum in each of such
districts are cast in favor of the proposed consolidation and if the
Department determines that such consolidation is administratively
practicable and feasible, the Chairmen of the directors of the said
districts shall present to the Secretary of State through the Department
an application for a certificate of organization of the consolidated
district. The application shall be signed and sworn to by all of the
said chairmen, and shall set forth the names of the constituent
districts, the proposed name of the consolidated district, and the
location of the office of the consolidated district. The said
application shall be accompanied by the statement from the Department
which shall set forth (and such statement need contain no details other
than the mere recitals) that a petition for the consolidation of the
said district was filed, that the proposed consolidation was, by
resolution, approved by the governing bodies of all of such districts,
that a referendum was held in each of the said districts on the question
of the proposed consolidation, and that the result of such referendum
showed a majority of the votes cast in each district to be in favor of
the proposed consolidation.
The Secretary of State shall receive and file such application and
statement and shall record them in an appropriate book of record in his
office. When the application and statements have been made, filed, and
recorded as herein provided, the consolidation of such districts shall
be deemed affected and the consolidated district shall constitute a
public body, corporate and politic, vested with all the power of soil
and water conservation districts. The Secretary of State shall make and
issue to the signers of the application a certificate, under the seal of
the State, of the due organization of the said consolidated district,
and shall record such certificate with the application and statement. A
copy of the statement and certificate of organization, duly certified by
the Secretary of State, shall be recorded with the recorder of
the county in which the office of the consolidated district is located.
Notwithstanding the other provisions of this Act, if petitions and resolutions to consolidate districts under this Section are filed with the Department before January 1, 2012 and if the Director determines that the consolidation is administratively practicable and feasible, then the Director may approve the consolidation without the necessity of holding a referendum under this Section, which shall be deemed to have the same effect as if the referendum had been held and approved. Upon a consolidation of districts, the directors of all such
districts shall continue to hold office and serve as a temporary
governing body of the consolidated district until the members of a
permanent governing body have been elected and have qualified. The
provisions of Sections 19, 20 and 21 of this Act that relate to the
number, and to the nomination, election and organization of members of
the governing bodies of soil and water conservation districts shall
govern the selection of the members of the permanent governing body of a
consolidated district.
Upon the issuance, by the Secretary of State, of a certificate of
organization to a consolidated district, property belonging to the
constituent district shall become the property of the consolidated
district. All contracts theretofore entered into, to which the
constituent districts are parties, shall remain in force and effect for
the period provided in such contracts. The consolidated districts shall
be substituted for each constituent district as party to such contracts,
and shall be entitled to all benefits and subject to all liabilities
under such contracts and shall have the same right and liability to
perform, to require performance, to sue and to be sued thereon, and to
modify or terminate such contracts by mutual consent or otherwise, as
the constituent district would have had. Any indebtedness, claim, demand
or right owing or belonging to any of the constituent districts shall
vest in and become due to the consolidated district, which shall have
the right to demand, sue for, recover and enforce the same in its own
name. Upon a consolidation of districts, all land-use regulations
theretofore adopted and in force and effect within any of the
constituent districts shall remain in force and effect throughout the
territory for which they were originally adopted, until repealed,
amended, supplemented, or superseded by action of the consolidated
district.
(Source: P.A. 97-418, eff. 8-16-11.)
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(70 ILCS 405/26a.1) (from Ch. 5, par. 131a-1)
Sec. 26a.1.
Division of districts.
Any 25 or more owners of lands lying within the boundaries of any
district organized under this Act which lies in more than one county may
file with the Department a petition proposing the division of the district
into 2 or more districts along county lines. Such petition shall set forth:
(1) The name of the district proposed to be divided,
(2) The proposed names of the districts to be formed | ||
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(3) The proposed boundaries of each of the districts | ||
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The petition shall be accompanied by an inventory of the property
belonging to the district and of its liabilities and a proposed plan for a
division of these assets and liabilities between or among the districts
proposed to be formed.
Within 30 days after such a petition is filed, the Department shall
submit the proposal to the directors of the district proposed to be
divided. The directors shall within 30 days thereafter adopt and submit to
the Department a resolution approving or disapproving the proposed
division.
If the directors disapprove the proposed division, the petition shall be
denied. If the directors favor the proposed division, the Department shall
give 10 days notice of the holding of a referendum by causing such notice
to be published at least once in one or more newspapers having general
circulation within the district and hold a referendum within the district
upon the question of the proposed division. Except as otherwise provided in
this Act, the proposition shall be submitted in accordance with Section
28-3 of the Election Code. The proposition shall be submitted upon
ballots in substantially the following form:
Place an X in the square opposite the
proposition for which you wish to vote.
For the division of the ....Soil and Water Conservation Districtinto the .... and .... Soil and WaterConservation Districts with theboundaries described below. Against the division of the ....Soil and Water Conservation Districtinto the .... and .... Soil and WaterConservation Districts with theboundaries described below.
(Here insert descriptions of proposed new districts.)
Only owners or occupiers of land, or both, lying within the district are
eligible to vote in the referendum. Such vote may be cast in person or by
absentee ballot.
(Source: Laws 1961, p. 530.)
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(70 ILCS 405/26a.2) (from Ch. 5, par. 131a-2)
Sec. 26a.2.
If a majority of the votes cast in the referendum under Section
26a.1 are cast in favor of the proposed division and if the Department
determines that such division is administratively practicable and feasible,
the Department shall also determine the boundaries of the proposed new
districts, record these determinations and proceed with the division of the
district in the manner hereinafter provided. If less than a majority of the
votes cast in the referendum are cast in favor of the proposed division or
if the Department determines that such division is not administratively
practicable and feasible, it shall record such determination and deny the
petition.
After the Department has determined that the proposed division is
administratively practicable and feasible, it shall consider the proposed
division of the district's assets and liabilities. If the plan suggested in
the petition appears to be fair and equitable, the Department shall approve
it and the assets and liabilities shall be distributed and assumed in
accordance therewith. The Department may, however, make whatever
modifications in the plan of distribution it deems necessary to make the
scheme fair and equitable.
(Source: Laws 1959, p. 2249.)
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(70 ILCS 405/26a.3) (from Ch. 5, par. 131a-3)
Sec. 26a.3.
After the Department has made and recorded a determination that
division of the district is administratively practicable and feasible, the
directors of the district shall present to the Secretary of State through
the Department an application for the discontinuance of the district and
for a certificate of organization for each of the new districts. The
application shall be signed and sworn to by the directors and shall set
forth the name of the district being divided, the proposed names of the
districts being formed and the location of the offices of each of the new
districts. The application shall be accompanied by a statement from the
Department setting forth (and such statement need contain no details other
than the mere recitals) that a petition for the division of the district
was filed, that the proposed division was, by resolution, approved by the
governing body of the district, that a referendum was held in the district
on the question of the proposed division, and that the result of such
referendum showed a majority of the votes cast to be in favor of the
proposed division.
The Secretary of State shall receive and file the application and
statement and shall record them in an appropriate book of record in his
office. When the application and statement had been made, filed and
recorded, the division of the district shall be deemed effected and each of
the new districts shall constitute a public body, corporate and politic,
vested with all the powers of soil and water conservation districts. The
Secretary of State shall issue to the signers of the application a separate
certificate, under the seal of the State, of the due organization of each
of the new districts, and shall record the certificates with the
application and statement. A copy of the statement, along with the
appropriate certificate of organization, shall be recorded with the
recorder of the county in which each new district has its office.
(Source: P.A. 83-358.)
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(70 ILCS 405/26a.4) (from Ch. 5, par. 131a-4)
Sec. 26a.4.
Upon a division of a district, the directors of the divided
district shall continue to hold office and serve as a temporary governing
body of each of the new districts until the members of a permanent
governing body for each of the new districts have been elected and have
qualified. The provisions of Sections 19, 20 and 21 of this Act that
relate to the number, and to the nomination, election and organization of
members of the governing bodies of soil and water conservation districts
shall govern the selection of the members of the permanent governing body
for each of the new districts.
(Source: Laws 1961, p. 530.)
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(70 ILCS 405/26a.5) (from Ch. 5, par. 131a-5)
Sec. 26a.5.
Upon the issuance, by the Secretary of State, of a certificate
of organization to the new districts, property and things in action
belonging to the original district shall become the property of the new
districts in accordance with the plan of distribution approved by the
Department. The liabilities of the divided district shall be assumed by the
new districts also in accordance with the plan approved by the Department.
All contracts theretofore entered into, to which the divided district was a
party shall remain in force for the period provided in them. The new
district to which they are allotted by the Department shall be substituted
for the original district as party to such contracts and shall have the
same right and liability to perform, to require performance, to sue and be
sued thereon, and to modify or terminate such contracts by mutual consent
or otherwise, as original district had. Any indebtedness, claim, demand or
right owning or belonging to the original district shall vest in and become
due to the new district to which it is allotted, which may demand, sue for,
recover and enforce the same in its own name. Upon a division of a
district, all land-use regulations theretofore adopted and in force and
effect within the district shall remain in force and effect in each of the
new districts until repealed, amended, supplemented or superseded by action
of the new district.
(Source: Laws 1959, p. 2249.)
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(70 ILCS 405/26b) (from Ch. 5, par. 131b)
Sec. 26b.
Formation of sub-districts - General tax.
Sub-districts of a Soil and Water Conservation District may be formed
in a watershed area as provided in this Act. When duly formed such
sub-districts shall have the power to develop and execute plans and
programs and projects relating to any phase of flood prevention, flood
control, erosion control and control of erosion, floodwater and sediment
damages, and to cooperate and enter into agreements with the Secretary
of Agriculture of the United States and to carry out, maintain and
operate works of improvement pursuant to the "Watershed Protection and
Flood Prevention Act" of August 4, 1954, as amended and in addition,
such sub-districts shall have the power to levy and collect tax not in
excess of .125% of the value of all taxable property within the
sub-district, as equalized or assessed by the Department of Revenue, to
be used for general corporate purposes of the
sub-district.
The Directors of the sub-district shall annually within the first
quarter of the fiscal year adopt an appropriation ordinance
appropriating such sums of money as are necessary for the cost of
operating the sub-district in accordance with the provisions of this
Act.
After the adoption of the appropriation ordinance and on or before
the second Tuesday in September of each year, the Directors of the
sub-district shall ascertain the total amount of the appropriations
legally made which are to be provided for from the tax levy for that
year. Then, by an ordinance specifying in detail the purposes for which
such appropriations have been made and the amounts appropriated for such
purposes, the directors of the sub-district shall levy not to exceed the
total amount so ascertained upon all the property subject to taxation in
the sub-district as the same is assessed and equalized for State and
County purposes for the current year. A certified copy of such ordinance
shall be filed on or before the first Tuesday in October with the Clerk
of each County wherein the sub-district or any part thereof is located.
The Board of Directors of any sub-district shall have power to build,
construct, maintain and operate works of improvement, to borrow money
and issue bonds and pay for such by special assessment or from the
proceeds of the tax hereinbefore authorized, or both, as they by
ordinance shall prescribe. The proceedings for borrowing money, issuing
bonds, making, levying, collecting and enforcing of any special
assessment levied hereunder, the letting of contracts, performance of
work and all other matters pertaining to the construction and making of
the improvement, shall be the same as nearly as may be as is prescribed
in Division 2 of Article 9 of the "Illinois Municipal Code", approved
May 29, 1961, as now or hereafter amended; but no special assessments
shall be levied upon property situated outside of such sub-district and
in no case shall any property be assessed more than it will be benefited
by the improvement for which the assessment is levied. Whenever in that
article the words "City Council" or the words "Board of Local
Improvements" are used, the same shall apply to the board of directors
of the respective sub-districts as constituted by this Act; the word
"Mayor" or "President" of the "board of local improvements" shall apply
to the Chairman of the board of directors of such sub-districts
constituted by this Act, and the words applying to the City or its
officers in that article shall be held to apply to the respective
sub-district created under this act and its officers.
Such sub-districts in the area included within their boundaries shall
have and may exercise all of the powers enumerated in Sections 22.01
through 22.09 of this Act, in addition to the powers herein otherwise
provided.
(Source: P.A. 81-1509.)
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(70 ILCS 405/26b.1) (from Ch. 5, par. 131b-1)
Sec. 26b.1.
Petition.
When a majority of the land owners in a proposed sub-district who also
own a majority of the land in such sub-district desire that a sub-district
be organized they shall file a petition with the directors of the district.
The area included in the petition need not be contiguous but shall serve
compatible purposes. The petition shall contain a legal description of the
lands proposed to be included, a brief statement of the reasons for
requesting organization of the sub-district and a request that the proposed
area be organized as a sub-district. The petition must be signed by a
majority of those owning land in the proposed area who also own a majority
of such land. Land already in one sub-district cannot be included in
another.
(Source: P.A. 77-1757.)
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(70 ILCS 405/26b.2) (from Ch. 5, par. 131b-2)
Sec. 26b.2.
Hearing.
Within 30 days after such a petition has been filed with the directors
they shall cause due notice to be given of a hearing upon the
practicability and feasibility of creating the proposed sub-district. All
interested parties shall have a right to attend such a hearing and to be
heard. If it shall appear at the hearing that other lands should be
included or that lands included in the petition should be excluded the
directors may permit such inclusion or exclusion, provided the petition
still meets the requirements of Section 26b.1. No petitioner may withdraw
from the petition without the consent of a majority of the other
petitioners. The directors shall adjourn the hearing to a day certain, but
not sooner than 15 days nor later than 30 days. Further adjournments may be
made, but only for good cause.
(Source: Laws 1955, p. 189.)
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(70 ILCS 405/26b.3) (from Ch. 5, par. 131b-3)
Sec. 26b.3.
Referendum.
If the directors determine that the petition
meets the requirements of Section 26b.1 and Section 26b.2, they shall,
within 30 days after the conclusion of the hearing, give 10 days notice
of the holding of a referendum by causing such notice to be published at
least once in one or more newspapers having general circulation within
the subdistrict. Except as otherwise provided in
this Act, the proposition shall be submitted in accordance with Section
28-3 of The Election Code. The proposition shall be submitted upon
ballots in substantially the following form:
Place an X in the square opposite the
proposition for which you wish to vote.
For organization of the subdistrict ofthe .......... Soil and Water ConservationDistrict or Districts, described belowincluding the levy of an annual tax ofnot in excess of .125% of the full, cashvalue of all taxable property in suchsubdistrict. Against organization of the subdistrictof the ....... Soil and Water ConservationDistrict or Districts, described belowincluding the levy of an annual tax ofnot in excess of .125% of the full, cashvalue of all taxable property in suchsubdistrict.
(Here insert description of proposed subdistrict.)
All legal voters within a proposed subdistrict
may vote and if a majority of the votes cast in the referendum are cast
in favor of the proposed subdistrict, the
directors shall declare that the subdistrict is
duly organized, and shall record such fact in their official minutes,
together with an appropriate official name or designation for the
subdistrict.
(Source: P.A. 84-1308.)
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(70 ILCS 405/26b.4) (from Ch. 5, par. 131b-4)
Sec. 26b.4.
Certificate of organization - recording.
Following entry in the official minutes of the district of the
organization of the sub-district, the directors shall certify this fact on
a separate form, authentic copies of which shall be recorded with the
County Clerk of each county in which any portion of the sub-district lies,
and with the State Department of Agriculture.
(Source: Laws 1955, p. 189.)
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(70 ILCS 405/26b.5) (from Ch. 5, par. 131b-5)
Sec. 26b.5.
Sub-districts in more than one Soil and Water Conservation
District.
If a proposed sub-district lies in more than one Soil and Water
Conservation District, the petition may be presented to the directors of
any one of such districts, and the directors of all districts shall act
jointly as a board of directors with respect to its formation. Such a
sub-district shall be formed in the same manner and shall have the same
powers and duties as a sub-district formed in one Soil and Water
Conservation District.
(Source: Laws 1963, p. 3492.)
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(70 ILCS 405/26b.6) (from Ch. 5, par. 131b-6)
Sec. 26b.6.
Governing body of sub-district.) The governing body of any
sub-district shall consist of 5 sub-district directors, of legal voting
age, who shall be owners of land within the sub-district or resident occupiers
of land within the sub-district, in which they serve. Nominating petitions
shall be filed and the election of such sub-district directors shall be
conducted and held in the manner provided in Section 20 of this Act with
respect to the election of directors. The 5 nominees receiving the highest
number of votes shall be declared elected. After the first such election,
the sub-district directors shall be divided into 3 classes, each consisting
as nearly as may be of one-third of the entire number of sub-district directors
and one class of sub-district directors shall be elected each year. The
term of office of the members of the first sub-district board shall be
determined
by lot following their election and 2 shall hold office for 3 years, 2 for
2 years and one for one year. Their successors shall hold office for 3
years and shall be nominated and elected, in the manner provided in Section
20 of this Act, in the years in which the respective terms of office of
the members of the sub-district board expire.
The governing body of the sub-district shall designate from its membership,
a chairman, vice chairman and secretary-treasurer, to serve for a term of one year.
At the close of the fiscal year of each sub-district, a report of the
operations of the sub-district for the year, including a report of receipts
and expenditures, shall be filed with the board of directors of each Soil
and Water Conservation District within which the sub-district or any part
thereof lies.
Each sub-district director shall receive for his services while actually
engaged in the business of the sub-district, a sum of not to exceed $20 per
day, to be fixed by ordinance. No sub-district director may receive
compensation under this sub-section on any day for which he receives
compensation under Section 21 of this Act.
(Source: P.A. 79-1003.)
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(70 ILCS 405/26b.7) (from Ch. 5, par. 131b-7)
Sec. 26b.7.
Addition of territory to a sub-district.
(a) Any one or more owners of land may petition the governing body of
the sub-district to have their lands added to the sub-district. The
petition shall as nearly as practicable follow the form prescribed in
Section 26b.1, except that the provision respecting a majority of the
owners shall not apply. A hearing shall be held as nearly as practicable in
accordance with the provisions of Section 26b.2. Following the hearing
the governing body of the sub-district shall determine whether or not the
lands included in the petition, or any portion of them, shall be included
in the sub-district. If it is determined that such lands should be added,
this fact shall be entered in the official minutes of the sub-district and
certified copies of such entry recorded with the county clerk of each
county in which any portion of such lands lie, and with the State
Department of Agriculture. Thereafter such lands shall be a part of the
sub-district.
(b) When a petition for the addition of territory includes any lands the
owners of which do not sign the petition, the petition must meet as nearly
as practicable the provisions of Section 26b.1, including the requirement
that it be signed by a majority of the landowners in the area proposed to
be added. Proceedings shall then be had, as nearly as practicable, as
prescribed in sections 26b.2, 26b.3 and 26b.4. Petitions under this
subsection may include lands lying in more than one county.
(Source: Laws 1955, p. 189.)
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(70 ILCS 405/26b.8) (from Ch. 5, par. 131b-8)
Sec. 26b.8.
Detachment of lands from a sub-district.
The owner or owners of lands which have not been, are not and cannot be
benefited by their inclusion in the sub-district may petition the governing
body of the sub-district to have such land detached. The petition shall
describe such lands and pray the governing body to hear the causes why such
lands should be detached. Within 30 days after the receipt of such petition
the governing body shall conduct a hearing, having first notified the
petitioners by mail at least ten days in advance and by causing such notice
to be published at least once in one or more newspapers having general
circulation within the sub-district. Following the hearing the governing
body shall determine whether or not such lands or any portion of them
should be detached. If it is determined that lands shall be detached this
fact shall be entered in the official minutes of the sub-district, and
certified copies of such entry recorded with the county clerk of each
county in which any portion of such detached lands lie, and with the State
Department of Agriculture.
(Source: Laws 1955, p. 189.)
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(70 ILCS 405/26b.9) (from Ch. 5, par. 131b-9)
Sec. 26b.9.
Discontinuance of sub-district.
A sub-district may be discontinued upon petition to the governing body.
The petition shall as nearly as practicable meet the conditions specified
in section 26b.1. Proceedings shall then be had as nearly as practicable
in accord with the provisions of sections 26b.2, 26b.3 and 26b.4. A
petition for discontinuance may not be submitted within three years of the
date of organization of a sub-district.
(Source: Laws 1955, p. 189.)
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(70 ILCS 405/27) (from Ch. 5, par. 132)
Sec. 27.
State
agencies to cooperate.
Agencies of this State which shall have jurisdiction over, or be charged
with the administration of, any State-owned lands, and of any county, or
other governmental subdivision of the State, which shall have jurisdiction
over, or be charged with the administration of, any county-owned or other
publicly owned lands, lying within the boundaries of any district organized
hereunder, shall cooperate to the fullest extent practicable with the
directors of such districts in the effectuation of programs and operations
undertaken by the directors under the provisions of this Act.
(Source: Laws 1937, p. 10.)
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(70 ILCS 405/28) (from Ch. 5, par. 133)
Sec. 28.
Discontinuance of district.
At any time after 3 years after the organization of a district, under
the provisions of this Act, any 25 or more owners of land within the limits
of such district who own at least 10% of the land, by area, within such
district may file a petition with the Department praying that the
operations of the district be terminated and the existence of the district
discontinued. The Department may conduct such public meetings and public
hearings upon such petition as may be necessary to assist it in the
consideration thereof.
Within 60 days after such a petition has been received by the Department
it shall give due notice of the holding of a referendum, and shall
supervise such referendum, and issue appropriate regulations governing the
conduct thereof, the question to be submitted by ballots upon which the
words "For terminating the existence of the ....(name of the soil and water
conservation district to be here inserted)" and "Against terminating the
existence of the ....(name of the soil and water conservation district to
be here inserted)" shall appear with a square before each proposition and a
direction to insert an X mark in the square before one or the other of said
propositions. Only owners of land lying within the boundaries of the
district shall be eligible to vote in such referendum and each shall have
one vote. Owners of land may vote in person or by absentee ballot. No
informalities in the conduct of such referendum or in any matters relating
thereto shall invalidate said referendum or the result thereof if notice
thereof shall have been given substantially as herein provided and said
referendum shall have been fairly conducted.
(Source: Laws 1961, p. 530.)
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(70 ILCS 405/29) (from Ch. 5, par. 134)
Sec. 29.
Determination for discontinuance.
The Department shall publish the result of such referendum and shall
thereafter consider and determine whether the continued operation of the
district is administratively practicable and feasible. If at least a
majority of the owners of land within the district shall vote in the
referendum on the question of discontinuance, and if a majority of the
votes cast in such referendum were in favor of discontinuance or if a
majority of the votes cast in such referendum were for continuance or if
the Department determines that the attitude of the owners of lands lying
within the district, the approximate wealth and income of the land
occupiers of the district, the probable expense of carrying on erosion
control operations within the district and other economic and social
factors as may be relevant are such that the continued operation of the
district is not otherwise practicable and feasible, the Department shall
record such determination and shall certify such determination to the
directors of the district.
(Source: Laws 1951, p. 428.)
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(70 ILCS 405/30) (from Ch. 5, par. 135)
Sec. 30.
Winding up district affairs.
Upon receipt from the Department of a certification that the Department
has determined that the continued operation of the district is not
administratively practicable and feasible, the directors shall forthwith
proceed to terminate the affairs of the district. The directors shall
dispose of all property belonging to the district at public auction and,
after settlement of all legal obligations against the district, shall pay
over the proceeds of such sale into the State treasury. The directors shall
thereupon file an application, duly verified, with the Secretary of State
for the discontinuance of such district, and shall transmit with such
application the certificate of the Department setting forth the
determination of the Department that the continued operation of such
district is not administratively practicable and feasible and that all
debts of the district have been paid. The application shall recite that the
property of the district has been disposed of and the proceeds paid over as
in this section provided, and shall set forth a full accounting of such
properties and proceeds of the sale. The Secretary of State shall issue to
the directors a certificate of dissolution and shall record such
certificate in an appropriate book of record in his office. A copy of such
certificate of dissolution issued by the Secretary of State shall be
recorded with the recorder of the county in which the office of
such district is located.
Upon issuance of a certificate of dissolution under the provisions of
this section, all ordinances and regulations theretofore adopted and in
force within such districts shall be of no further force and effect. All
contracts theretofore entered into, to which the district is a party, shall
remain in force and effect for the period provided in such contracts. The
Department shall be substituted for the district as party to such
contracts. The Department shall be entitled to all benefits and subject to
all liabilities under such contracts and shall have the same right and
liability to perform, to require performance, to sue and be sued thereon,
and to modify or terminate such contracts by mutual consent or otherwise,
as the directors of the district would have had. Such dissolution shall not
affect the lien of any judgment entered under the provisions of Section 25
of this Act, nor the pendency of any action instituted under the
provisions of such section, and the Department shall succeed to all the
rights and obligations of the district as to such liens and actions.
The Department shall not be required to entertain petitions for the
discontinuance of any district nor conduct referenda upon such petitions
nor make determinations pursuant to such petitions in accordance with the
provisions of this Act, more often than once in 3 years.
(Source: P.A. 83-358.)
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(70 ILCS 405/31) (from Ch. 5, par. 136)
Sec. 31.
Due notice.
Whenever notice is required to be given under the provisions of this
Act, a notice published at least twice, with an interval of at least seven
(7) days between the two (2) publication dates, in one or two newspapers of
general circulation published within the area; or, if any such newspaper is
not published within such area, then by publication in at least one
newspaper published outside the area but having general circulation in such
area and by posting copies of such notice in at least three (3) conspicuous
places within the area, such posting to include posting at public places
where it may be customary to post notices generally, shall be deemed "due
notice."
(Source: Laws 1937, p. 10.)
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(70 ILCS 405/32) (from Ch. 5, par. 137)
Sec. 32.
Absentee
voting.
All absentee voting shall be conducted in accordance with the applicable
provisions of Article 19 of the Election Code which are not inconsistent
with the provisions of this Act, except that the Department shall be
substituted for the county clerk in instances referring to application,
mailing or delivery, folding, depositing and receipt of ballots.
(Source: Laws 1955, p. 189.)
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(70 ILCS 405/33) (from Ch. 5, par. 138)
Sec. 33.
Separability
clause.
If any provision of this Act, or the application of any provision of any
person or circumstance, is held invalid, the remainder of the Act, and the
application of such provision to other persons or circumstances, shall not
be affected thereby.
(Source: Laws 1937, p. 10.)
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(70 ILCS 405/34) (from Ch. 5, par. 138.1)
Sec. 34.
All books, papers, records and property under the custody or
control of the State Soil Conservation Districts Board at the time this
amendatory Act of 1951 takes effect shall be transferred to the Department.
This amendatory Act shall not affect any act done by said Board, any
action pending by or against said Board, nor any function of said Board in
progress at the time this amendatory Act becomes effective, but in all such
instances the Department shall be substituted for said Board.
(Source: Laws 1951, p. 428.)
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(70 ILCS 405/35) (from Ch. 5, par. 138.2)
Sec. 35.
All districts created and in being under this Act at the time this
amendatory Act of 1961 takes effect shall be known as Soil and Water
Conservation Districts. Any action or proceeding had or commenced at such
time may be continued without amendment of such action or proceeding, and
any contract, indebtedness, claim, demand, right or regulation shall not be
affected by this amendatory Act.
(Source: Laws 1961, p. 530.)
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(70 ILCS 405/36) (from Ch. 5, par. 138.3)
Sec. 36.
Guidelines.
The Department shall, pursuant to subsection (8)
of Section 6 of this Act, adopt and revise guidelines for erosion and sediment
control. Before adopting or revising any guidelines, the Department must
hold public hearings with respect thereto. At least 30 days notice of the
hearing must be given by the Department in such manner as the Department
considers as best suited to bring the hearing to the attention of soil and
water conservation districts and of all other persons interested in the
guidelines or proposed revisions. Like notice must be given by the Department
to any person who has filed a request for notice of such hearings. Copies
of the proposed guidelines or revisions must be made available to all those
receiving notice of the hearing and to any other person, upon request.
In developing its guidelines for implementing and administering the comprehensive
State erosion and sediment control program, the Department shall:
(a) base those guidelines on available relevant physical and developmental
information concerning the watersheds and drainage basins of the State,
including but not limited to, data relating to land use, soils, hydrology,
geology, size of land area being disturbed, proximate water bodies and
their characteristics, transportation, and public facilities and services;
(b) include any survey of lands and waters as the Department considers
appropriate, or as is required by any applicable law, to identify areas
with erosion and sediment problems; and
(c) include conservation guidelines for various types of soils and land
uses, which guidelines shall include criteria, techniques and methods for
the control of erosion and sediment resulting from land disturbing activities.
The program and guidelines shall be made available for public inspection
at the office of the Department and shall be provided to any person upon request.
(Source: P.A. 80-159.)
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(70 ILCS 405/37) (from Ch. 5, par. 138.4)
Sec. 37.
Coastal zone management - financing.
The State erosion and sediment control program may not be adopted unless
it includes a means of adequately financing the increased district and Department
work load to be incurred by the administration and implementation of the plan.
(Source: P.A. 83-172.)
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(70 ILCS 405/38) (from Ch. 5, par. 138.5)
Sec. 38.
District erosion and sediment control program.
Each district
in the State shall, within 2 years after the adoption of the State program
and guidelines by the Department, develop and adopt a soil erosion and sediment
control program and standards that are technically feasible, economically
reasonable and consistent with the State program and guidelines developed
by the Department.
To assist in developing its program and standards, each district shall
name an advisory committee of not less than 8 members who are representative
of a wide variety of interests, including but not limited to, agriculture,
business, commerce, financing, local government, housing, industry and recreation.
The district shall advise and consult with its advisory committee in the
development of its program and standards.
Upon the request of a district, the Department shall assist in the preparation
of the district's program and standards. Upon its adoption, the district
shall submit its program and standards to the Department for review and
approval. If a district fails to adopt a program and standards and to
submit them to the Department by the time specified in this Section, the
Department shall, after such hearings or consultations with the various
local interests in the district as it considers appropriate, develop an
appropriate program and standards to be carried out by the district.
To carry out its program, a district shall establish conservation standards
for various types of soils and land uses. The program shall include criteria,
guidelines, techniques and methods for the control of
erosion and sediment resulting from land disturbing activities and shall
be consistent with the State program and guidelines. Such conservation
program standards may be revised from time to time as necessary. Before adopting
or revising conservation standards, the district shall, after giving due
notice as provided for in Section 31 of this Act, conduct a public hearing
on the proposed conservation standards or proposed changes in existing standards.
The program and conservation standards shall be made available for public
inspection at the principal office of the district and shall be provided
to any person upon request.
(Source: P.A. 80-159.)
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(70 ILCS 405/39) (from Ch. 5, par. 138.6)
Sec. 39.
Compliance with standards - cost sharing.
Any person engaging
in any land disturbing activity shall be encouraged to comply with the standards
for erosion and sediment control established by the district, except those
land disturbing activities relating to surface mining permitted under Chapter 4 of the
Illinois Pollution Control Board regulations. When proposed land
disturbing activities are to be performed on State land or by or on behalf
of a State agency, the person engaging in the activities may elect to comply
with standards established by the Department. If land disturbing activities
involve land in more than one district, the person engaging in the activities
may elect to comply with standards established by each district or standards
established by the Department. He shall notify, in writing, each district
involved and the Department concerning the standards he elects to comply with.
Upon request, the district, or the Department, as the case may be, shall
make available to any person engaged in a land disturbing activity, adequate
information and technical assistance to enable that person to comply with
the standards of the district or the Department.
The program adopted by each district shall provide for the sharing by the
district of part of the cost of enduring erosion and sediment control devices,
structures and practices and shall specify the cost-sharing ratios which
shall apply to various types of enduring erosion and sediment control devices,
structures and practices in that district. The program adopted by the Department
shall, in the same manner, provide for cost-sharing by the Department with
respect to enduring erosion and sediment control devices,
structures and practices when required in relation to a land disturbing
activity involving land in more than one district.
When a land disturbing activity does not comply with district or Department
standards, the district or the Department, as the case may be, shall suggest
such modifications, terms and conditions as will enable the person engaged
in the land disturbing activity to comply with the standards.
(Source: P.A. 80-159.)
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(70 ILCS 405/40) (from Ch. 5, par. 138.7)
Sec. 40.
Lands not within jurisdiction of district.
All lands
presently lying within the boundaries of a soil and water conservation
district shall remain under the jurisdiction of a soil and water
conservation district.
For a period not to exceed 24 months after the effective date of this
amendatory Act of 1977, the governing body of any incorporated or
unincorporated city or village shall have the authority by resolution to
the district and Department to remove all or a part of its land lying
within its boundaries from a soil and water conservation district.
(Source: P.A. 80-159.)
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(70 ILCS 405/41) (from Ch. 5, par. 138.8)
Sec. 41.
Complaints.
All complaints for sediment and erosion
damages shall be filed with the soil and water conservation districts or
the Department if it has jurisdiction. All complaints shall be filed on
forms provided by the soil and water conservation districts or the
Department.
Upon receipt of a properly filed complaint, the district, or the
Department if it has jurisdiction, shall notify the landowner and
occupier and seek consultation with such person or persons to determine
whether the standards of this Act are being observed. Notice of the
determination by the district board of directors shall be given to the
owner and occupier alleged to be in violation of the standards and
voluntary compliance with the standards shall be sought.
If a schedule for compliance has not been entered into within one
year of Notice of Violation, then the district board shall hold a formal
hearing on the Notice of Violation to determine the reason for
non-compliance. The district board shall publish and make available its
findings to the Department. The Department shall review the complaint
and the district board's findings and may, if in its opinion a violation
exists, hold a formal hearing to determine why standards are not being
observed. The Department shall publish and make available its findings.
(Source: P.A. 80-159.)
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(70 ILCS 405/42) (from Ch. 5, par. 138.9)
Sec. 42.
Review.
All final administrative decisions of any district
or of the Department under this Act are subject to judicial review under
the Administrative Review Law, and the rules
adopted thereunder.
(Source: P.A. 82-783.)
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