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| [ Introduced ] | [ Enrolled ] | [ House Amendment 001 ] |
91_HB2112eng HB2112 Engrossed LRB9101167DHmg 1 AN ACT to amend the Soil and Water Conservation Districts 2 Act by changing Sections 17 and 23. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 5. The Soil and Water Conservation Districts Act 6 is amended by changing Sections 17 and 23 as follows: 7 (70 ILCS 405/17) (from Ch. 5, par. 122) 8 Sec. 17. Included territory. All of the territory 9 contained within the boundaries of a county or counties shall 10 be a part of the Soil and Water Conservation District whose 11 territories are located within the county or counties except 12 in Cook County in which case all of the territory north of 13 22nd Street also known as Cermak Road, shall be a part of the 14 North Cook Soil and Water Conservation District and all of 15 the territory of Cook County that is south of 22nd Street 16 also known as Cermak Road, shall be a part of the Will-South 17 Cook Soil and Water Conservation District. The boundaries 18 for any District consolidated after July 1, 1996 in 19 accordance with Section 26a of this Act shall encompass all 20 territory contained within those Districts so consolidating. 21Including additional territory. Petitions for including22additional territory within an existing district may be filed23with the Department, and the proceedings herein provided for24in the case of petitions to organize a district shall be25observed in the case of petitions for such inclusion. The26Department shall prescribe the form for such petitions, which27shall be as nearly as may be in the form prescribed in this28Act for petitions to organize a district. In all cases where29a petition is signed by a majority of the land owners in a30proposed area, no referendum or hearing need be held. The31petition shall serve as prima facie evidence that the publicHB2112 Engrossed -2- LRB9101167DHmg 1good is being served and the territory shall be included. In2cases where the proposed area lies wholly or in part within3the boundaries of a municipality and a petition is signed by4a majority of the governing body of that municipality, no5referendum or hearing need be held as to that part of the6proposed area lying within the boundaries of that7municipality. The petition shall serve as prima facie8evidence that the public good is being served and the9territory shall be included. If such territory lies in more10than one district, it shall be included in that district11which contains the greater amount of the territory. In12referenda upon petitions for inclusion only owners of land13within the proposed additional area shall be eligible to vote14and each shall have one vote. Such vote may be cast in person15or by absentee ballot.16 (Source: P.A. 85-438.) 17 (70 ILCS 405/23) (from Ch. 5, par. 128) 18 Sec. 23. Adoption of land-use regulations. The directors 19 of any district shall have authority to formulate regulations 20 governing the use of lands within the district in the 21 interest of conserving soil, soil resources, water and water 22 resources and preventing and controlling soil erosion and 23 erosion, floodwater and sediment damages. The directors shall 24 conduct such public meetings and public hearings upon 25 tentative regulations as may be necessary to assist them in 26 this work. The directors shall not have authority to enact 27 such land-use regulations into law until after they shall 28 have caused due notice to be given of their intention to 29 conduct a referendum for submission of such regulations to 30 the land owners within the boundaries of the district for 31 their approval or disapproval of such proposed regulations, 32 shall have held such referendum, and shall have considered 33 the result of such referendum. The proposed regulations HB2112 Engrossed -3- LRB9101167DHmg 1 shall be embodied in a proposed ordinance. Copies of such 2 proposed ordinance shall be filed with the Department for an 3 expression of opinion. The opinion of the Department and any 4 statement it may issue with reference thereto shall be made 5 known to the owners in such district at least 10 days prior 6 to the date of any referendum thereon. Copies of such 7 proposed ordinance shall be available for distribution among, 8 and inspection by owners and occupiers of land in the 9 district during the period between publications of such 10 notice and the date of the referendum. The notices of the 11 referendum shall recite the contents of such proposed 12 ordinance and shall state where copies of such proposed 13 ordinance may be examined or obtained. The question shall be 14 submitted by ballots, upon which the words "For approval of 15 proposed ordinance No....., prescribing land-use regulations 16 for conservation of soil and water and prevention of erosion" 17 and "Against approval of proposed ordinance No....., 18 prescribing land-use regulations for conservation of soil and 19 water and prevention of erosion" shall appear, with a square 20 before each proposition and a direction to insert an X mark 21 in the square before one or the other of those propositions. 22 A summary or digest of the provisions of the proposed 23 ordinance shall also appear on such ballots. The directors 24 shall supervise such referendum, shall prescribe appropriate 25 regulations governing the conduct thereof, and shall publish 26 the result thereof. All the owners of land within the 27 district shall be eligible to vote in such referendum and 28 each shall have one vote. Such vote may be cast in person or 29 by absentee ballot. No informalities in the conduct of such 30 referendum or in any matters relating thereto shall 31 invalidate such referendum or the result thereof if notice 32 thereof shall have been given substantially as herein 33 provided and such referendum shall have been fairly 34 conducted. HB2112 Engrossed -4- LRB9101167DHmg 1 The directors shall not have authority to enact such 2 proposed ordinance into law unless at least three-fourths of 3 the owners of land voting in such referendum shall vote in 4 such referendum for approval of the proposed ordinance. The 5 approval of the proposed ordinance by three-fourths of the 6 land owners voting on the proposition shall not be deemed to 7 require the directors to enact such proposed ordinance into 8 law. Land-use regulations prescribed in ordinances adopted 9 pursuant to this Section by the directors of any district 10 shall have the force and effect of law in the district and 11 shall be binding and obligatory upon all owners of lands 12 within such district. 13 Any owner of land within such district may at any time 14 file a petition with the directors asking that any or all of 15 the land-use regulations prescribed in any ordinance adopted 16 by the directors under this Section shall be amended, 17 supplemented, or repealed. Land-use regulations prescribed in 18 any ordinance adopted pursuant to this Section shall not be 19 amended, supplemented, or repealed except in accordance with 20 the procedure prescribed in this Section for adoption of 21 land-use regulations. Referenda on adoption, amendment, 22 supplementation, or repeal of land-use regulations shall not 23 be held more often than once in 6 months. 24 The regulations to be adopted by the directors under this 25 Section may include: 26 1. Provisions requiring the carrying out of 27 necessary engineering operations, including the 28 construction of terraces, terrace outlets, check dams, 29 dikes, ponds, ditches, and other necessary structures. 30 2. Provisions requiring observation of particular 31 methods of cultivation including contour cultivating, 32 contour furrowing, strip cropping, seeding and planting 33 of lands to water-conserving and erosion-preventing 34 plants, trees, grasses, forestation and reforestation. HB2112 Engrossed -5- LRB9101167DHmg 1 3. Provisions requiring the permanent retirement 2 from cultivation of highly erosive areas or of areas on 3 which erosion cannot be adequately controlled if 4 cultivation is carried on. 5 4. Provisions for such other means, measures, 6 operations and programs as may assist conservation of 7 soil and water resources and prevent or control soil 8 erosion in the district. 9 5. Provisions prohibiting the clearcutting of trees 10 within 30 feet of any navigable waters, except for trees 11 that are included in a forestry management plan approved 12 by the Division of Forest Resources of the Department of 13 Natural Resources. However, these provisions shall not 14 prohibit clearcutting incidental to any project, activity 15 or program that has been permitted, licensed, certified 16 or approved by an agency of federal, State or local 17 government. For the purpose of this item 5, "navigable 18 waters" means public waters that are usable for water 19 commerce. 20 However, these provisions shall not prohibit a public 21 utility from maintaining its transmission facilities and 22 rights of way. 23 The regulations shall be uniform throughout the territory 24 comprised within the district except that the directors may 25 classify the lands within the district with reference to such 26 factors as soil type, degree of slope, degree of erosion 27 threatened or existing, cropping and tillage practices in 28 use, and other relevant factors, and may provide regulations 29 varying with the type or class of land affected, but uniform 30 as to all lands within each class or type. Copies of land-use 31 regulations adopted under this Section shall be printed and 32 made available to all owners and occupiers of lands lying 33 within the district. 34 No authority exercised by or procedure authorized by a HB2112 Engrossed -6- LRB9101167DHmg 1 district pursuant to this Section 23 imposes any restriction 2 or mandate on land use practices and other policies of 3 municipalities with respect to land located in that 4 municipality, unless the corporate authorities of that 5 municipality authorize by resolution the application of that 6 district's land use regulations within the municipality's 7 corporate limits. 8 (Source: P.A. 89-445, eff. 2-7-96.)