Illinois General Assembly - Full Text of Public Act 101-0484
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Public Act 101-0484


Public Act 0484 101ST GENERAL ASSEMBLY



Public Act 101-0484
HB2737 EnrolledLRB101 09592 AWJ 54690 b

    AN ACT concerning local government.
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
    Section 5. The Soil and Water Conservation Districts Act is
amended by changing Sections 2, 10, 22.01, 22.03, 22.05, and
22.07a and by adding Section 3.23 as follows:
    (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. 84-114.)
    (70 ILCS 405/3.23 new)
    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.
    (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
therein; 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: Laws 1961, p. 530.)
    (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. 77-1757.)
    (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
(Source: Laws 1955, p. 189.)
    (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
    shall not be used as ornamentals or for landscaping."
    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. 90-48, eff. 1-1-98.)
    (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: Laws 1963, p. 3492.)

Effective Date: 1/1/2020