Chapter 70 — SPECIAL DISTRICTS

(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…

(70 ILCS 405/18) (from Ch. 5, par. 123) Sec. 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 of the district, the district shall be deemed prima facie to hav…

(70 ILCS 405/19) (from Ch. 5, par. 124) Sec. 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 the district in which they serve. Five directors shall be elected before March 1 in the y…

(70 ILCS 405/19.01) (from Ch. 5, par. 124.1) Sec. 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. (Source: Laws 1955, p…

(70 ILCS 405/2) (from Ch. 5, par. 107) Sec. 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 health, soil resources, organic matter in soil and plants, water quality and water resources o…

(70 ILCS 405/20) (from Ch. 5, par. 125) Sec. 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 water conservation district, nominating petitions may be filed with the Department fo…

(70 ILCS 405/20.01) (from Ch. 5, par. 125.1) Sec. 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 tha…

(70 ILCS 405/21) (from Ch. 5, par. 126) Sec. 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 but no longer than the term for which he was elected. A majority of the directors shall…

(70 ILCS 405/22) (from Ch. 5, par. 127) Sec. 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 and politic, exercising public powers, and such district and the directo…

(70 ILCS 405/22.01) (from Ch. 5, par. 127.1) Sec. 22.01. To initiate and conduct surveys, investigations and research and to develop comprehensive plans for the conservation of soil and water resources, improvement of soil health, and for the control and prevention of soil erosio…

(70 ILCS 405/22.02) (from Ch. 5, par. 127.2) Sec. 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, changes in use of land on lands owned or controlled …

(70 ILCS 405/22.02a) (from Ch. 5, par. 127.2a) Sec. 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. Any person who petiti…

(70 ILCS 405/22.03) (from Ch. 5, par. 127.3) Sec. 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 other aid to, any agency, governmental or otherwise, or any owner or occupier of…

(70 ILCS 405/22.03a) Sec. 22.03a. Illinois Healthy Soils Initiative. (a) The Illinois Healthy Soils Initiative is created. It is the purpose of the Initiative to improve the health of soils through efforts that improve soil and water quality, increase the resilience of ecosystems…

(70 ILCS 405/22.03b) Sec. 22.03b. Guidelines for soil health assessments. The Department shall adopt and revise guidelines to assist soil and water conservation districts in determining local goals and needs for implementing soil health assessments. In developing its guidelines t…

(70 ILCS 405/22.03c) Sec. 22.03c. Local soil health assessments. Upon the adoption of guidelines described in Section 22.03b, each soil and water conservation district shall develop annually its own soil health assessment to guide voluntary and incentive-based strategies to impro…

(70 ILCS 405/22.03d) Sec. 22.03d. Compliance and standards; cost sharing. To be eligible to receive State cost-share support after September 1, 2024, soil and water conservation districts shall have an updated soil health assessment. The Department shall update its rules and proc…

(70 ILCS 405/22.04) (from Ch. 5, par. 127.4) Sec. 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 or interests therein necessary for the purpose of the district; to …

(70 ILCS 405/22.04a) Sec. 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 to, and shall be exercised in accordance with, the Eminent Domain Act. (Source: P.A…

(70 ILCS 405/22.05) (from Ch. 5, par. 127.5) Sec. 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 and equipment, and such other material or equipment as will assist su…

(70 ILCS 405/22.06) (from Ch. 5, par. 127.6) Sec. 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. (Source: Laws 1955, p. 189.)

(70 ILCS 405/22.07) (from Ch. 5, par. 127.7) Sec. 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 boundaries, undert…

(70 ILCS 405/22.07a) (from Ch. 5, par. 127.7a) Sec. 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 improvement of soil health and conservation of the re…

(70 ILCS 405/22.07b) (from Ch. 5, par. 127.7b) Sec. 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 areas on the Illinois Natural Areas Inventory and natural ar…

(70 ILCS 405/22.08) (from Ch. 5, par. 127.8) Sec. 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 such legal services as may be required; to have perpetual succession unless terminated as hereinafter …

(70 ILCS 405/22.09) (from Ch. 5, par. 127.9) Sec. 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 controlled by this State or any of its agencies, the directors may require contributions in money, s…

(70 ILCS 405/22.10) (from Ch. 5, par. 127.10) Sec. 22.10. To incur indebtedness as they deem proper in the conduct of the business of the district. (Source: P.A. 84-113.)

(70 ILCS 405/22.11) (from Ch. 5, par. 127.11) Sec. 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. (Source: P.A. 84-1308.)

(70 ILCS 405/22.12) (from Ch. 5, par. 127.12) Sec. 22.12. To carry out its duties under the Water Use Act of 1983. (Source: P.A. 85-483.)

(70 ILCS 405/22.13) Sec. 22.13. District use of sign posts or poles for signs. Notwithstanding any other provision of law, a district may request that the Department of Transportation install a sign related to the district on an existing or new Department sign post or pole in a p…

(70 ILCS 405/22a) (from Ch. 5, par. 127a) Sec. 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 as they shall adopt or employ, and such other information…

(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 resour…

(70 ILCS 405/24) (from Ch. 5, par. 129) Sec. 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 the provisions of Section 23 of this Act are being observed. T…

(70 ILCS 405/25) (from Ch. 5, par. 130) Sec. 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 an ordinance adopted in accordance with the provisions of Section 23 hereof are n…

(70 ILCS 405/26) (from Ch. 5, par. 131) Sec. 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 the exercise of any or all powers conferred in this Act. (Source: Laws 1937, p. …

(70 ILCS 405/26a) (from Ch. 5, par. 131a) Sec. 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 adjoin…

(70 ILCS 405/26a.1) (from Ch. 5, par. 131a-1) Sec. 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 more than one county may file with the Department a petition proposing the division o…

(70 ILCS 405/26a.2) (from Ch. 5, par. 131a-2) Sec. 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 Department determines that such division is administratively practicable and feasible, the Departm…

(70 ILCS 405/26a.3) (from Ch. 5, par. 131a-3) Sec. 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 shall present to the Secretary of State through the Depar…

(70 ILCS 405/26a.4) (from Ch. 5, par. 131a-4) Sec. 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 ea…

(70 ILCS 405/26a.5) (from Ch. 5, par. 131a-5) Sec. 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 accord…

(70 ILCS 405/26b) (from Ch. 5, par. 131b) Sec. 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 this Act. When duly formed such sub-districts shall have the power to develop and…

(70 ILCS 405/26b.1) (from Ch. 5, par. 131b-1) Sec. 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 that a sub-district be organized they shall file a petition with the directors of the …

(70 ILCS 405/26b.2) (from Ch. 5, par. 131b-2) Sec. 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 hearing upon the practicability and feasibility of creating the proposed sub-district. All intere…

(70 ILCS 405/26b.3) (from Ch. 5, par. 131b-3) Sec. 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 conclusion of the hearing, give 10 days notice of the holding of a re…

(70 ILCS 405/26b.4) (from Ch. 5, par. 131b-4) Sec. 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 this fact on a separate form, authentic copies of which …

(70 ILCS 405/26b.5) (from Ch. 5, par. 131b-5) Sec. 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, the petition may be presented to the directors of any one of such …

(70 ILCS 405/26b.6) (from Ch. 5, par. 131b-6) Sec. 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 with…

(70 ILCS 405/26b.7) (from Ch. 5, par. 131b-7) Sec. 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 their lands added to the sub-district. The petition shall as nearly as practicable fol…

(70 ILCS 405/26b.8) (from Ch. 5, par. 131b-8) Sec. 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 inclusion in the sub-district may petition the governing body of the sub-district to have …