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Public Act 91-0327
HB2112 Enrolled LRB9101167DHmg
AN ACT to amend the Soil and Water Conservation Districts
Act by changing Sections 17 and 23.
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 17 and 23 as follows:
(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.
Including additional territory. Petitions for including
additional territory within an existing district may be filed
with the Department, and the proceedings herein provided for
in the case of petitions to organize a district shall be
observed in the case of petitions for such inclusion. The
Department shall prescribe the form for such petitions, which
shall be as nearly as may be in the form prescribed in this
Act for petitions to organize a district. In all cases where
a petition is signed by a majority of the land owners in a
proposed area, no referendum or hearing need be held. The
petition shall serve as prima facie evidence that the public
good is being served and the territory shall be included. In
cases where the proposed area lies wholly or in part within
the boundaries of a municipality and a petition is signed by
a majority of the governing body of that municipality, no
referendum or hearing need be held as to that part of the
proposed area lying within the boundaries of that
municipality. The petition shall serve as prima facie
evidence that the public good is being served and the
territory shall be included. If such territory lies in more
than one district, it shall be included in that district
which contains the greater amount of the territory. In
referenda upon petitions for inclusion only owners of land
within the proposed additional area shall be eligible to vote
and each shall have one vote. Such vote may be cast in person
or by absentee ballot.
(Source: P.A. 85-438.)
(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 engineering operations, including the
construction of terraces, terrace outlets, check dams,
dikes, ponds, ditches, and other necessary structures.
2. Provisions requiring observation of particular
methods of cultivation including contour cultivating,
contour furrowing, strip cropping, seeding and planting
of lands to water-conserving and erosion-preventing
plants, trees, grasses, forestation and reforestation.
3. Provisions requiring the permanent retirement
from cultivation of highly erosive areas or of areas on
which erosion cannot be adequately controlled if
cultivation is carried on.
4. Provisions for such other means, measures,
operations and programs as may assist conservation of
soil and water resources and prevent or control soil
erosion in the district.
5. Provisions prohibiting the clearcutting of trees
within 30 feet of any navigable waters, except for trees
that are included in a forestry management plan approved
by the Division of Forest Resources of the Department of
Natural Resources. However, these provisions shall not
prohibit clearcutting incidental to any project, activity
or program that has been permitted, licensed, certified
or approved by an agency of federal, State or local
government. For the purpose of this item 5, "navigable
waters" means public waters that are usable for water
commerce.
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. 89-445, eff. 2-7-96.)
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