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Act

Soil and Water Conservation Districts Act

  • 70 ILCS 405/1— Short title
  • 70 ILCS 405/2— Declaration of policy
  • 70 ILCS 405/3— Definitions
  • 70 ILCS 405/3.01— "District" or "soil and water conservation district" means a public body corporate and politic, organized in accordance with this Act
  • 70 ILCS 405/3.02— "Director" means one of the members of the governing body of a district, elected or appointed in accordance with this Act
  • 70 ILCS 405/3.03— "Department" means the Department of Agriculture of this State
  • 70 ILCS 405/3.04— "State" means the State of Illinois
  • 70 ILCS 405/3.05— "Agency of this State" includes the government of this State and any subdivision, agency, or instrumentality thereof
  • 70 ILCS 405/3.06— "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
  • 70 ILCS 405/3.07— "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
  • 70 ILCS 405/3.08— "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
  • 70 ILCS 405/3.09— "Due Notice" means notice given in accordance with Section 31 of this Act
  • 70 ILCS 405/3.10— "Proxy" means a written authorization complying with Section 32 of this Act
  • 70 ILCS 405/3.11
  • 70 ILCS 405/3.12
  • 70 ILCS 405/3.13— "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
  • 70 ILCS 405/3.14— "Erosion and sediment control plan" or "plan" means a plan for the control of soil erosion and sediment resulting from a land disturbing activity
  • 70 ILCS 405/3.15— "Conservation standard" or "standard" means any standard adopted by the Department or the districts under this Act
  • 70 ILCS 405/3.16— "Guideline" means a guide or recommendation to be used by districts in developing a program and standards for erosion and sediment control
  • 70 ILCS 405/3.17— "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
  • 70 ILCS 405/3.18— "Point source discharge" means any discernible, confined, discrete conveyance of pollutants to waters through pipes or conduits from sewage treatment plants or industrial processes
  • 70 ILCS 405/3.19— "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
  • 70 ILCS 405/3.20— "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
  • 70 ILCS 405/3.21— "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
  • 70 ILCS 405/3.23— "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 405/3.24
  • 70 ILCS 405/3.25— "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
  • 70 ILCS 405/3.26— "Initiative" means the Illinois Healthy Soils Initiative
  • 70 ILCS 405/3.27
  • 70 ILCS 405/4— State soil and water conservation districts advisory board
  • 70 ILCS 405/5— Organization of board
  • 70 ILCS 405/6— Powers and duties
  • 70 ILCS 405/7— Employees and assistance of other agencies
  • 70 ILCS 405/8— Petition for creation of soil and water conservation districts
  • 70 ILCS 405/9— Notice and hearing
  • 70 ILCS 405/10— Findings and determinations of Department
  • 70 ILCS 405/11— Determination of administrative practicability and feasibility
  • 70 ILCS 405/12— Conduct of referenda
  • 70 ILCS 405/13— Recordation and determination
  • 70 ILCS 405/14— Organization of district
  • 70 ILCS 405/15— Certificate of organization
  • 70 ILCS 405/15.01— 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
  • 70 ILCS 405/16— Subsequent petitions
  • 70 ILCS 405/17— Included territory
  • 70 ILCS 405/18— Certificate evidence of organization
  • 70 ILCS 405/19— Governing body of district
  • 70 ILCS 405/19.01— 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
  • 70 ILCS 405/20— Nomination, election of directors
  • 70 ILCS 405/20.01— 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
  • 70 ILCS 405/21— Organization of governing body
  • 70 ILCS 405/22— Powers of districts and directors
  • 70 ILCS 405/22.01
  • 70 ILCS 405/22.02
  • 70 ILCS 405/22.02a— 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
  • 70 ILCS 405/22.03
  • 70 ILCS 405/22.03a— Illinois Healthy Soils Initiative
  • 70 ILCS 405/22.03b— Guidelines for soil health assessments
  • 70 ILCS 405/22.03c— Local soil health assessments
  • 70 ILCS 405/22.03d— Compliance and standards; cost sharing
  • 70 ILCS 405/22.04
  • 70 ILCS 405/22.04a— Eminent domain
  • 70 ILCS 405/22.05
  • 70 ILCS 405/22.06— To construct, improve, operate and maintain such structures as may be necessary for the performance of any of the operations authorized in this Act
  • 70 ILCS 405/22.07
  • 70 ILCS 405/22.07a
  • 70 ILCS 405/22.07b— Natural area guardians
  • 70 ILCS 405/22.08
  • 70 ILCS 405/22.09
  • 70 ILCS 405/22.10— To incur indebtedness as they deem proper in the conduct of the business of the district
  • 70 ILCS 405/22.11— 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
  • 70 ILCS 405/22.12— To carry out its duties under the Water Use Act of 1983
  • 70 ILCS 405/22.13— District use of sign posts or poles for signs
  • 70 ILCS 405/22a
  • 70 ILCS 405/23— Adoption of land-use regulations
  • 70 ILCS 405/24— Enforcement of land-use regulations
  • 70 ILCS 405/25— Performance of work by the directors
  • 70 ILCS 405/26— Cooperation between districts
  • 70 ILCS 405/26a— 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
  • 70 ILCS 405/26a.1— Division of districts
  • 70 ILCS 405/26a.2
  • 70 ILCS 405/26a.3
  • 70 ILCS 405/26a.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
  • 70 ILCS 405/26a.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
  • 70 ILCS 405/26b— Formation of sub-districts - General tax
  • 70 ILCS 405/26b.1— Petition
  • 70 ILCS 405/26b.2— Hearing
  • 70 ILCS 405/26b.3— Referendum
  • 70 ILCS 405/26b.4— Certificate of organization - recording
  • 70 ILCS 405/26b.5— Sub-districts in more than one Soil and Water Conservation District
  • 70 ILCS 405/26b.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
  • 70 ILCS 405/26b.7— Addition of territory to a sub-district
  • 70 ILCS 405/26b.8— Detachment of lands from a sub-district
  • 70 ILCS 405/26b.9— Discontinuance of sub-district
  • 70 ILCS 405/27— State agencies to cooperate
  • 70 ILCS 405/28— Discontinuance of district
  • 70 ILCS 405/29— Determination for discontinuance
  • 70 ILCS 405/30— Winding up district affairs
  • 70 ILCS 405/31— Due notice
  • 70 ILCS 405/32— Absentee voting
  • 70 ILCS 405/33— Separability clause
  • 70 ILCS 405/34— 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
  • 70 ILCS 405/35— 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
  • 70 ILCS 405/36— Guidelines
  • 70 ILCS 405/37— Coastal zone management - financing
  • 70 ILCS 405/38— District erosion and sediment control program
  • 70 ILCS 405/39— Compliance with standards - cost sharing
  • 70 ILCS 405/40— Lands not within jurisdiction of district
  • 70 ILCS 405/41— Complaints
  • 70 ILCS 405/42— Review