SB1980 EngrossedLRB101 09593 AWJ 54691 b

1    AN ACT concerning local government.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Soil and Water Conservation Districts Act is
5amended by changing Sections 2, 10, 22.01, 22.03, 22.05, and
622.07a and by adding Section 3.23 as follows:
7    (70 ILCS 405/2)  (from Ch. 5, par. 107)
8    Sec. 2. Declaration of policy. The General Assembly
9declares it to be in the public interest to provide (a) for the
10conservation of the soil, soil health, soil resources, organic
11matter in soil and plants, water quality and water resources of
12this State, (b) for the control and prevention of soil erosion,
13(c) for the prevention of air and water pollution and the
14improvement of resilience to droughts, floods, and other
15extreme weather, and (d) for the prevention of erosion,
16floodwater and sediment damages, and thereby to conserve
17natural resources, control floods, prevent impairment of dams
18and reservoirs, assist in maintaining the navigability of
19rivers and harbors, conserve wild life and forests, protect the
20tax base, protect public lands, and protect and promote the
21health, safety and general welfare of the people of this State.
22    The General Assembly finds that erosion continues to be a
23serious problem throughout the State, and that rapid shifts in



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1land use from agricultural to nonagricultural uses, changes in
2farm enterprises, operations, ownership, construction of
3housing, industrial and commercial developments, streets,
4highways, recreation areas, schools, colleges and
5universities, and other land disturbing activities have
6accelerated the process of soil erosion and sediment deposition
7resulting in reduced resilience to floods, droughts, and other
8extreme weather, pollution of the waters of the State and
9damage to domestic, agricultural, industrial, recreational,
10fish and wildlife, and other resource uses. It is, therefore,
11declared to be the policy of this State to strengthen and
12extend the present erosion and sediment control activities and
13programs for both rural and urban lands, and to establish and
14implement, through the Department and soil and water
15conservation districts in cooperation with units of local
16government, school districts, other political subdivisions of
17this State, agencies of this State and other public agencies
18and private entities, a statewide comprehensive and
19coordinated erosion and sediment control program to conserve
20and protect land, water, air and other resources.
21    The provisions of the "Local Governmental and Governmental
22Employees Tort Immunity Act" shall apply to all districts
23created pursuant to this Act.
24(Source: P.A. 84-114.)
25    (70 ILCS 405/3.23 new)



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1    Sec. 3.23. "Soil health" means the overall composition of
2the soil, including the amount of organic matter stored in the
3soil, and the continued capacity of soil to function as a vital
4living ecosystem that sustains plants, animals, and humans.
5    (70 ILCS 405/10)  (from Ch. 5, par. 115)
6    Sec. 10. Findings and determinations of Department. After
7such hearing, if the Department determines upon the facts
8presented at such hearing and upon such other relevant facts
9and information as may be available that there is need in the
10interest of the public health, safety, and welfare, for a soil
11and water conservation district to function in the territory
12considered at the hearing, it shall make and record such
13determination and shall define by metes and bounds, or by legal
14subdivisions, the boundaries of such district. In making such
15determination and in defining such boundaries, the Department
16shall give due weight and consideration to the following
17matters which are hereby stated to be the standards which shall
18guide the considerations of the Department: The topography of
19the area considered and of the State; the composition of soils
20therein; the distribution of erosion; the prevailing land use
21practices; the desirability and necessity of including within
22the boundaries the particular lands under consideration and the
23benefits such lands may receive from being included within such
24boundaries; the relation of the proposed area to existing
25watersheds and agricultural regions and to other soil



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1conservation districts already organized or proposed for
2organization under the provisions of this Act, and such other
3physical, geographical, and economic factors as are relevant.
4The territory to be included within such boundaries need not be
5contiguous. No territory shall be included within the
6boundaries of more than one district. In cases where territory
7is proposed to be added to an existing district, the Department
8shall also consider the attitude of the district directors as
9expressed at the hearing, by resolution or otherwise.
10    If the Department determines after such hearing, and after
11due consideration of the above-mentioned facts and standards
12that there is no need for a soil and water conservation
13district for the territory considered at the hearing, it shall
14record such determination and deny the petition. No subsequent
15petitions covering the same or substantially the same territory
16shall be filed as aforesaid until after the expiration of one
17year from the date of such denial.
18(Source: Laws 1961, p. 530.)
19    (70 ILCS 405/22.01)  (from Ch. 5, par. 127.1)
20    Sec. 22.01. To initiate and conduct surveys,
21investigations and research and to develop comprehensive plans
22for the conservation of soil and water resources, improvement
23of soil health, and for the control and prevention of soil
24erosion and erosion, floodwater and sediment damages within the
25district, which plans shall specify in such detail as may be



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1practicable the acts, procedure, performances and avoidances
2which are necessary or desirable for the effectuation of such
3plans, including the specification of engineering operations,
4methods of cultivation, the growing of vegetation, cropping
5programs, tillage practices, incorporation of perennial
6plants, and changes in use of land; and, with the approval and
7assistance of the Department, to publish such plans and
8information and bring them to the attention of owners and
9occupiers of land within the district.
10(Source: P.A. 77-1757.)
11    (70 ILCS 405/22.03)  (from Ch. 5, par. 127.3)
12    Sec. 22.03. To cooperate, or enter into agreements with,
13and within the limits of appropriations duly made available to
14it by law, to furnish financial or other aid to, any agency,
15governmental or otherwise, or any owner or occupier of lands
16within the district, in the carrying on of soil health
17improvement, erosion-control, and flood prevention operations
18within the district, subject to such conditions as the
19directors may deem necessary to advance the purposes of this
21(Source: Laws 1955, p. 189.)
22    (70 ILCS 405/22.05)  (from Ch. 5, par. 127.5)
23    Sec. 22.05. To make available, on such terms as it shall
24prescribe, to landowners or occupiers within the district, the



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1use of agricultural and engineering machinery and equipment,
2and such other material or equipment as will assist such
3landowners or occupiers to carry on operations upon their lands
4for the conservation and improvement of soil health and soil
5and water resources and for the prevention and control of loss
6of soil health, soil erosion, and erosion floodwater and
7sediment damages.
8    Soil and water conservation districts may engage in the
9direct sale of trees, shrubs, or other plant materials as
10provided in this Section. Plant materials that may be sold are
11seeds of annual or perennial plants, bare-root stock, or stock
12in pots not to exceed one gallon. The plant material shall be
13advertised as follows:
14        "These plants are for conservation purposes only and
15    shall not be used as ornamentals or for landscaping."
16    For purposes of this Section, "stock" means hardwood trees
17not to exceed 48 inches, conifers not to exceed 36 inches,
18shrubs not to exceed 24 inches, or any other plant materials
19not to exceed 24 inches.
20(Source: P.A. 90-48, eff. 1-1-98.)
21    (70 ILCS 405/22.07a)  (from Ch. 5, par. 127.7a)
22    Sec. 22.07a. To cooperate and effectuate agreements with
23individuals or agencies of government, and to plan, construct,
24operate, and maintain programs and projects relating to the
25improvement of soil health and conservation of the renewable



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1natural resources of soil, water, forests, fish, wildlife, and
2air in this state, for the control and prevention of loss of
3soil health, soil erosion, floods, flood water and sediment
4damages, and impairment of dams and reservoirs; to assist in
5maintaining the navigability of rivers and harbors, and in
6addition, to cooperate with local interests and agencies of
7government in providing domestic and industrial municipal and
8agricultural water supplies and recreational project
9developments and improvements.
10(Source: Laws 1963, p. 3492.)