Chapter 70 — SPECIAL DISTRICTS

(70 ILCS 405/26b.9) (from Ch. 5, par. 131b-9) Sec. 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 specified in section 26b.1. Proceedings shall then be …

(70 ILCS 405/27) (from Ch. 5, par. 132) Sec. 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 of any county, or other governmental subdivision of the State, which shall…

(70 ILCS 405/28) (from Ch. 5, par. 133) Sec. 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 more owners of land within the limits of such district who own at least 10% of the land, by are…

(70 ILCS 405/29) (from Ch. 5, par. 134) Sec. 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 district is administratively practicable and feasible. …

(70 ILCS 405/3) (from Ch. 5, par. 108) Sec. 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 have the meanings ascribed to them in those Sections. (Source: P.A. 97-…

(70 ILCS 405/3.01) (from Ch. 5, par. 108.01) Sec. 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.)

(70 ILCS 405/3.02) (from Ch. 5, par. 108.02) Sec. 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.)

(70 ILCS 405/3.03) (from Ch. 5, par. 108.03) Sec. 3.03. "Department" means the Department of Agriculture of this State. (Source: P.A. 80-159.)

(70 ILCS 405/3.04) (from Ch. 5, par. 108.04) Sec. 3.04. "State" means the State of Illinois. (Source: P.A. 80-159.)

(70 ILCS 405/3.05) (from Ch. 5, par. 108.05) Sec. 3.05. "Agency of this State" includes the government of this State and any subdivision, agency, or instrumentality thereof. (Source: P.A. 80-159.)

(70 ILCS 405/3.06) (from Ch. 5, par. 108.06) Sec. 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 Am…

(70 ILCS 405/3.07) (from Ch. 5, par. 108.07) Sec. 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. F…

(70 ILCS 405/3.08) (from Ch. 5, par. 108.08) Sec. 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 organiz…

(70 ILCS 405/3.09) (from Ch. 5, par. 108.09) Sec. 3.09. "Due Notice" means notice given in accordance with Section 31 of this Act. (Source: P.A. 80-159.)

(70 ILCS 405/3.10) (from Ch. 5, par. 108.10) Sec. 3.10. "Proxy" means a written authorization complying with Section 32 of this Act. (Source: P.A. 80-159.)

(70 ILCS 405/3.11) (from Ch. 5, par. 108.11) Sec. 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, public or private institution, unit of …

(70 ILCS 405/3.12) (from Ch. 5, par. 108.12) Sec. 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 state waters or on to lands in the State, including but not limited to, the tilling,…

(70 ILCS 405/3.13) (from Ch. 5. par. 108.13) Sec. 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. (Source: P.A. 80-159.)

(70 ILCS 405/3.14) (from Ch. 5, par. 108.14) Sec. 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. (Source: P.A. 80-159.)

(70 ILCS 405/3.15) (from Ch. 5, par. 108.15) Sec. 3.15. "Conservation standard" or "standard" means any standard adopted by the Department or the districts under this Act. (Source: P.A. 80-159.)

(70 ILCS 405/3.16) (from Ch. 5, par. 108.16) Sec. 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. 80-159.)

(70 ILCS 405/3.17) (from Ch. 5, par. 108.17) Sec. 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 r…

(70 ILCS 405/3.18) (from Ch. 5, par. 108.18) Sec. 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. (Source: P.A. 80-159.)

(70 ILCS 405/3.19) (from Ch. 5, par. 108.19) Sec. 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 e…

(70 ILCS 405/3.20) (from Ch. 5, par. 108.20) Sec. 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. (Source:…

(70 ILCS 405/3.21) (from Ch. 5, par. 108.21) Sec. 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…

(70 ILCS 405/3.23) Sec. 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. (Source: P.A. 10…

(70 ILCS 405/3.24) Sec. 3.24. "Healthy soils practices" means systems of agricultural, forestry, and land management practices that: (1) improve the health of soils, including, but not limited to, consideration of depth of topsoil horizons, water infiltration rate, water-holding …

(70 ILCS 405/3.25) Sec. 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. (Source: P.A. 103-494, …

(70 ILCS 405/3.26) Sec. 3.26. "Initiative" means the Illinois Healthy Soils Initiative. (Source: P.A. 103-494, eff. 8-4-23.)

(70 ILCS 405/3.27) Sec. 3.27. "Healthy soil" means the continuing capacity of a soil to function as a vital, living biological system that sustains plants, animals, and humans, increases soil organic matter, improves soil structure and water-holding and nutrient-holding capacity …

(70 ILCS 405/30) (from Ch. 5, par. 135) Sec. 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 is not administratively practicable and feasible, the directors shall …

(70 ILCS 405/31) (from Ch. 5, par. 136) Sec. 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 of at least seven (7) days between the two (2) publication dates, in one or two newspapers of…

(70 ILCS 405/32) (from Ch. 5, par. 137) Sec. 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 inconsistent with the provisions of this Act, except that the Department shall be…

(70 ILCS 405/33) (from Ch. 5, par. 138) Sec. 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 of the Act, and the application of such provision to other persons or circumstance…

(70 ILCS 405/34) (from Ch. 5, par. 138.1) Sec. 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. This amendatory Act …

(70 ILCS 405/35) (from Ch. 5, par. 138.2) Sec. 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. Any action or proceeding had or commenced at such time may be continu…

(70 ILCS 405/36) (from Ch. 5, par. 138.3) Sec. 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 adopting or revising any guidelines, the Department must hold public hear…

(70 ILCS 405/37) (from Ch. 5, par. 138.4) Sec. 37. Coastal zone management - financing. The State erosion and sediment control program may not be adopted unless it includes a means of adequately financing the increased district and Department work load to be incurred by the admin…

(70 ILCS 405/38) (from Ch. 5, par. 138.5) Sec. 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 by the Department, develop and adopt a soil erosion and sediment control progr…

(70 ILCS 405/39) (from Ch. 5, par. 138.6) Sec. 39. Compliance with standards - cost sharing. Any person engaging in any land disturbing activity shall be encouraged to comply with the standards for erosion and sediment control established by the district, except those land distur…

(70 ILCS 405/4) (from Ch. 5, par. 109) Sec. 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 7 members. The Director of the Department and the Director of Agricultu…

(70 ILCS 405/40) (from Ch. 5, par. 138.7) Sec. 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 jurisdiction of a soil and water conservation district. For a period not …

(70 ILCS 405/41) (from Ch. 5, par. 138.8) Sec. 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 jurisdiction. All complaints shall be filed on forms provided by the soil and w…

(70 ILCS 405/42) (from Ch. 5, par. 138.9) Sec. 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 Law, and the rules adopted thereunder. (Source: P.A. 82-783.)

(70 ILCS 405/5) (from Ch. 5, par. 110) Sec. 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 shall be required for its determination of any matter. The Board shall elect annually a chairman fr…

(70 ILCS 405/6) (from Ch. 5, par. 111) Sec. 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 offer such assistance as may be appropriate to the directors of soil and water con…

(70 ILCS 405/7) (from Ch. 5, par. 112) Sec. 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 an administrative officer, technical experts and such other agents and empl…

(70 ILCS 405/8) (from Ch. 5, par. 113) Sec. 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 to be organized into a district who own at least 10% of the land, by area, within such pr…

(70 ILCS 405/9) (from Ch. 5, par. 114) Sec. 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 of a proposed hearing upon the question of the desirability and necessity, in the interest of the publ…