Illinois Compiled Statutes 70 Special Districts: Article -

• Illinois Soil and Water Conservation Districts Act. - 70 ILCS 405, Section 1
  Short title. This Act shall be known and may be cited as the "Soil and Water Conservation Districts Act". (Source: P.A. 80-159.)
• Illinois Soil and Water Conservation Districts Act. - 70 ILCS 405, Section 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...
• Illinois Soil and Water Conservation Districts Act. - 70 ILCS 405, Section 3
  Definitions. As used in this Act, unless the context clearly otherwise requires, the terms defined in the Sections following this Section and preceding Section 4...
• Illinois Soil and Water Conservation Districts Act. - 70 ILCS 405, Section 3.01
  "District" or "soil and water conservation district" means a public body corporate and politic, organized in accordance with this Act. (Source: P.A. 80-159.)
• Illinois Soil and Water Conservation Districts Act. - 70 ILCS 405, Section 3.02
  "Director" means one of the members of the governing body of a district, elected or appointed in accordance with this Act. (Source: P.A. 80-159.)
• Illinois Soil and Water Conservation Districts Act. - 70 ILCS 405, Section 3.03
  "Department" means the Department of Agriculture of this State. (Source: P.A. 80-159.)
• Illinois Soil and Water Conservation Districts Act. - 70 ILCS 405, Section 3.04
  "State" means the State of Illinois. (Source: P.A. 80-159.)
• Illinois Soil and Water Conservation Districts Act. - 70 ILCS 405, Section 3.05
  "Agency of this State" includes the government of this State and any subdivision, agency, or instrumentality thereof. (Source: P.A. 80-159.)
• Illinois Soil and Water Conservation Districts Act. - 70 ILCS 405, Section 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...
• Illinois Soil and Water Conservation Districts Act. - 70 ILCS 405, Section 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...
• Illinois Soil and Water Conservation Districts Act. - 70 ILCS 405, Section 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...
• Illinois Soil and Water Conservation Districts Act. - 70 ILCS 405, Section 3.09
  "Due Notice" means notice given in accordance with Section 31 of this Act. (Source: P.A. 80-159.)
• Illinois Soil and Water Conservation Districts Act. - 70 ILCS 405, Section 3.10
  "Proxy" means a written authorization complying with Section 32 of this Act. (Source: P.A. 80-159.)
• Illinois Soil and Water Conservation Districts Act. - 70 ILCS 405, Section 3.11
  "Person" means any owner of land or the owner's designated agent including any individual, partnership, firm, association, joint venture, corporation, trust, estate, commission, board,...
• Illinois Soil and Water Conservation Districts Act. - 70 ILCS 405, Section 3.12
  "Land disturbing activity" means any change in land, which may result in soil erosion from water or wind and the movement of sediments into...
• Illinois Soil and Water Conservation Districts Act. - 70 ILCS 405, Section 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...
• Illinois Soil and Water Conservation Districts Act. - 70 ILCS 405, Section 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....
• Illinois Soil and Water Conservation Districts Act. - 70 ILCS 405, Section 3.15
  "Conservation standard" or "standard" means any standard adopted by the Department or the districts under this Act. (Source: P.A. 80-159.)
• Illinois Soil and Water Conservation Districts Act. - 70 ILCS 405, Section 3.16
  "Guideline" means a guide or recommendation to be used by districts in developing a program and standards for erosion and sediment control. (Source: P.A.
• Illinois Soil and Water Conservation Districts Act. - 70 ILCS 405, Section 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...
• Illinois Soil and Water Conservation Districts Act. - 70 ILCS 405, Section 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....
• Illinois Soil and Water Conservation Districts Act. - 70 ILCS 405, Section 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...
• Illinois Soil and Water Conservation Districts Act. - 70 ILCS 405, Section 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...
• Illinois Soil and Water Conservation Districts Act. - 70 ILCS 405, Section 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,...
• Illinois Soil and Water Conservation Districts Act. - 70 ILCS 405, Section 4
  State soil and water conservation districts advisory board. The State Soil and Water Conservation Districts Advisory Board is created. The Board shall consist of...
• Illinois Soil and Water Conservation Districts Act. - 70 ILCS 405, Section 5
  Organization of board. A majority of the members of the Board shall constitute a quorum and the concurrence of a majority of a quorum...
• Illinois Soil and Water Conservation Districts Act. - 70 ILCS 405, Section 6
  Powers and duties. In addition to the powers and duties otherwise conferred upon the Department, it shall have the following powers and duties: (1) To...
• Illinois Soil and Water Conservation Districts Act. - 70 ILCS 405, Section 7
  Employees and assistance of other agencies. Subject to the provisions of the "Personnel Code" enacted by the 69th General Assembly, the Department may employ...
• Illinois Soil and Water Conservation Districts Act. - 70 ILCS 405, Section 8
  Petition for creation of soil and water conservation districts. Any 25 or more owners of land lying within the limits of the territory proposed...
• Illinois Soil and Water Conservation Districts Act. - 70 ILCS 405, Section 9
  Notice and hearing. Within 30 days after such a petition has been filed with the Department, it shall cause due notice to be given...
• Illinois Soil and Water Conservation Districts Act. - 70 ILCS 405, Section 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...
• Illinois Soil and Water Conservation Districts Act. - 70 ILCS 405, Section 11
  Determination of administrative practicability and feasibility. After the Department has made and recorded a determination that there is need, in the interest of public...
• Illinois Soil and Water Conservation Districts Act. - 70 ILCS 405, Section 12
  Conduct of referenda. The Department shall pay all expenses for the issuance of such notices and the conduct of such hearings and referenda and...
• Illinois Soil and Water Conservation Districts Act. - 70 ILCS 405, Section 13
  Recordation and determination. The Department shall publish the result of such referendum. If a majority of the owners of land lying within the district...
• Illinois Soil and Water Conservation Districts Act. - 70 ILCS 405, Section 14
  Organization of district. If the Department shall determine that the operation of the proposed district is administratively practicable and feasible, it shall appoint 2...
• Illinois Soil and Water Conservation Districts Act. - 70 ILCS 405, Section 15
  Certificate of organization. The Secretary of State shall examine the application and statement and, if he finds that the name proposed for the district...
• Illinois Soil and Water Conservation Districts Act. - 70 ILCS 405, Section 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...
• Illinois Soil and Water Conservation Districts Act. - 70 ILCS 405, Section 16
  Subsequent petitions. No subsequent petitions covering the same or substantially the same land shall be filed within one year after the denial of a...
• Illinois Soil and Water Conservation Districts Act. - 70 ILCS 405, Section 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...
• Illinois Soil and Water Conservation Districts Act. - 70 ILCS 405, Section 18
  Certificate evidence of organization. In any suit, action, or proceeding involving the validity or enforcement of, or relating to, any contract, proceeding, or action...
• Illinois Soil and Water Conservation Districts Act. - 70 ILCS 405, Section 19
  Governing body of district. The governing body of the district shall consist of 5 directors, who shall be owners or occupiers of lands within...
• Illinois Soil and Water Conservation Districts Act. - 70 ILCS 405, Section 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...
• Illinois Soil and Water Conservation Districts Act. - 70 ILCS 405, Section 20
  Nomination, election of directors. Within 30 days after the issuance of the Secretary of State of the certification of organization of a soil and...
• Illinois Soil and Water Conservation Districts Act. - 70 ILCS 405, Section 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...
• Illinois Soil and Water Conservation Districts Act. - 70 ILCS 405, Section 21
  Organization of governing body. The directors shall elect one of their members as chairman to hold for such time as the directors may determine...
• Illinois Soil and Water Conservation Districts Act. - 70 ILCS 405, Section 22
  Powers of districts and directors. A soil and water conservation district organized under the provisions of this Act shall constitute a public body, corporate...
• Illinois Soil and Water Conservation Districts Act. - 70 ILCS 405, Section 22.01
  To initiate and conduct surveys, investigations and research and to develop comprehensive plans for the conservation of soil and water resources and for the...
• Illinois Soil and Water Conservation Districts Act. - 70 ILCS 405, Section 22.02
  To carry out preventive and control measures within the district including, but not limited to, engineering operations, methods of cultivation, the growing of vegetation,...
• Illinois Soil and Water Conservation Districts Act. - 70 ILCS 405, Section 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...
• Illinois Soil and Water Conservation Districts Act. - 70 ILCS 405, Section 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...
• Illinois Soil and Water Conservation Districts Act. - 70 ILCS 405, Section 22.04
  To obtain options upon and to acquire, by purchase, exchange, lease, gift, grant, legacy or through condemnation, any property, real or personal, or rights...
• Illinois Soil and Water Conservation Districts Act. - 70 ILCS 405, Section 22.04a
  Eminent domain. Notwithstanding any other provision of this Act, any power granted under this Act to acquire property by condemnation or eminent domain is subject...
• Illinois Soil and Water Conservation Districts Act. - 70 ILCS 405, Section 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...
• Illinois Soil and Water Conservation Districts Act. - 70 ILCS 405, Section 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....
• Illinois Soil and Water Conservation Districts Act. - 70 ILCS 405, Section 22.07
  To take over, by purchase, lease or by voluntary agreement, and to administer, any soil-conservation, water-conservation, flood-prevention, erosion-control or erosion-prevention project located within its...
• Illinois Soil and Water Conservation Districts Act. - 70 ILCS 405, Section 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...
• Illinois Soil and Water Conservation Districts Act. - 70 ILCS 405, Section 22.07b
  Natural area guardians. The governing body of any soil and water conservation district may designate Natural Area Guardians for the purpose of managing natural...
• Illinois Soil and Water Conservation Districts Act. - 70 ILCS 405, Section 22.08
  To sue and be sued in the name of the district; to be represented by the Attorney General of the State who shall provide...
• Illinois Soil and Water Conservation Districts Act. - 70 ILCS 405, Section 22.09
  As a condition to the extending of any benefits under this Act to, or the performance of work upon, any lands not owned or...
• Illinois Soil and Water Conservation Districts Act. - 70 ILCS 405, Section 22.10
  To incur indebtedness as they deem proper in the conduct of the business of the district. (Source: P.A. 84-113.)
• Illinois Soil and Water Conservation Districts Act. - 70 ILCS 405, Section 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....
• Illinois Soil and Water Conservation Districts Act. - 70 ILCS 405, Section 22.12
  To carry out its duties under the Water Use Act of 1983. (Source: P.A. 85-483.)
• Illinois Soil and Water Conservation Districts Act. - 70 ILCS 405, Section 22a
  The directors shall file with the Department, upon request of said Department, copies of such ordinances, rules, regulations, orders, contracts, forms and other documents...
• Illinois Soil and Water Conservation Districts Act. - 70 ILCS 405, Section 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...
• Illinois Soil and Water Conservation Districts Act. - 70 ILCS 405, Section 24
  Enforcement of land-use regulations. The directors shall have authority to go upon any lands within the district to determine whether land-use regulations adopted under...
• Illinois Soil and Water Conservation Districts Act. - 70 ILCS 405, Section 25
  Performance of work by the directors. Where the directors of any district shall find that any of the provisions of land-use regulations prescribed in...
• Illinois Soil and Water Conservation Districts Act. - 70 ILCS 405, Section 26
  Cooperation between districts. The directors of any two or more districts organized under the provisions of this act may cooperate with one another in...
• Illinois Soil and Water Conservation Districts Act. - 70 ILCS 405, Section 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...
• Illinois Soil and Water Conservation Districts Act. - 70 ILCS 405, Section 26a.1
  Division of districts. Any 25 or more owners of lands lying within the boundaries of any district organized under this Act which lies in...
• Illinois Soil and Water Conservation Districts Act. - 70 ILCS 405, Section 26a.2
  If a majority of the votes cast in the referendum under Section 26a.1 are cast in favor of the proposed division and if the...
• Illinois Soil and Water Conservation Districts Act. - 70 ILCS 405, Section 26a.3
  After the Department has made and recorded a determination that division of the district is administratively practicable and feasible, the directors of the district...
• Illinois Soil and Water Conservation Districts Act. - 70 ILCS 405, Section 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...
• Illinois Soil and Water Conservation Districts Act. - 70 ILCS 405, Section 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...
• Illinois Soil and Water Conservation Districts Act. - 70 ILCS 405, Section 26b
  Formation of sub-districts - General tax. Sub-districts of a Soil and Water Conservation District may be formed in a watershed area as provided in...
• Illinois Soil and Water Conservation Districts Act. - 70 ILCS 405, Section 26b.1
  Petition. When a majority of the land owners in a proposed sub-district who also own a majority of the land in such sub-district desire...
• Illinois Soil and Water Conservation Districts Act. - 70 ILCS 405, Section 26b.2
  Hearing. Within 30 days after such a petition has been filed with the directors they shall cause due notice to be given of a...
• Illinois Soil and Water Conservation Districts Act. - 70 ILCS 405, Section 26b.3
  Referendum. If the directors determine that the petition meets the requirements of Section 26b.1 and Section 26b.2, they shall, within 30 days after the...
• Illinois Soil and Water Conservation Districts Act. - 70 ILCS 405, Section 26b.4
  Certificate of organization - recording. Following entry in the official minutes of the district of the organization of the sub-district, the directors shall certify...
• Illinois Soil and Water Conservation Districts Act. - 70 ILCS 405, Section 26b.5
  Sub-districts in more than one Soil and Water Conservation District. If a proposed sub-district lies in more than one Soil and Water Conservation District,...
• Illinois Soil and Water Conservation Districts Act. - 70 ILCS 405, Section 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...
• Illinois Soil and Water Conservation Districts Act. - 70 ILCS 405, Section 26b.7
  Addition of territory to a sub-district. (a) Any one or more owners of land may petition the governing body of the sub-district to have...
• Illinois Soil and Water Conservation Districts Act. - 70 ILCS 405, Section 26b.8
  Detachment of lands from a sub-district. The owner or owners of lands which have not been, are not and cannot be benefited by their...
• Illinois Soil and Water Conservation Districts Act. - 70 ILCS 405, Section 26b.9
  Discontinuance of sub-district. A sub-district may be discontinued upon petition to the governing body. The petition shall as nearly as practicable meet the conditions...
• Illinois Soil and Water Conservation Districts Act. - 70 ILCS 405, Section 27
  State agencies to cooperate. Agencies of this State which shall have jurisdiction over, or be charged with the administration of, any State-owned lands, and...
• Illinois Soil and Water Conservation Districts Act. - 70 ILCS 405, Section 28
  Discontinuance of district. At any time after 3 years after the organization of a district, under the provisions of this Act, any 25 or...
• Illinois Soil and Water Conservation Districts Act. - 70 ILCS 405, Section 29
  Determination for discontinuance. The Department shall publish the result of such referendum and shall thereafter consider and determine whether the continued operation of the...
• Illinois Soil and Water Conservation Districts Act. - 70 ILCS 405, Section 30
  Winding up district affairs. Upon receipt from the Department of a certification that the Department has determined that the continued operation of the district...
• Illinois Soil and Water Conservation Districts Act. - 70 ILCS 405, Section 31
  Due notice. Whenever notice is required to be given under the provisions of this Act, a notice published at least twice, with an interval...
• Illinois Soil and Water Conservation Districts Act. - 70 ILCS 405, Section 32
  Absentee voting. All absentee voting shall be conducted in accordance with the applicable provisions of Article 19 of the Election Code which are not...
• Illinois Soil and Water Conservation Districts Act. - 70 ILCS 405, Section 33
  Separability clause. If any provision of this Act, or the application of any provision of any person or circumstance, is held invalid, the remainder...
• Illinois Soil and Water Conservation Districts Act. - 70 ILCS 405, Section 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...
• Illinois Soil and Water Conservation Districts Act. - 70 ILCS 405, Section 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...
• Illinois Soil and Water Conservation Districts Act. - 70 ILCS 405, Section 36
  Guidelines. The Department shall, pursuant to subsection (8) of Section 6 of this Act, adopt and revise guidelines for erosion and sediment control. Before...
• Illinois Soil and Water Conservation Districts Act. - 70 ILCS 405, Section 37
  Coastal Zone Management - financing. The State erosion and sediment control program may not be adopted unless it includes a means of adequately financing...
• Illinois Soil and Water Conservation Districts Act. - 70 ILCS 405, Section 38
  District erosion and sediment control program. Each district in the State shall, within 2 years after the adoption of the State program and guidelines...
• Illinois Soil and Water Conservation Districts Act. - 70 ILCS 405, Section 39
  Compliance with standards - cost sharing. Any person engaging in any land disturbing activity shall be encouraged to comply with the standards for erosion...
• Illinois Soil and Water Conservation Districts Act. - 70 ILCS 405, Section 40
  Lands not within jurisdiction of district. All lands presently lying within the boundaries of a soil and water conservation district shall remain under the...
• Illinois Soil and Water Conservation Districts Act. - 70 ILCS 405, Section 41
  Complaints. All complaints for sediment and erosion damages shall be filed with the soil and water conservation districts or the Department if it has...
• Illinois Soil and Water Conservation Districts Act. - 70 ILCS 405, Section 42
  Review. All final administrative decisions of any district or of the Department under this Act are subject to judicial review under the Administrative Review...

Last modified: February 18, 2015