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91_HB2112ham001
LRB9101167DHpkam
1 AMENDMENT TO HOUSE BILL 2112
2 AMENDMENT NO. . Amend House Bill 2112 as follows:
3 On page 1, line 2, by replacing "Section 17" with "Sections
4 17 and 23"; and
5 On page 1, line 6, by replacing "Section 17" with "Sections
6 17 and 23"; and
7 On page 2, below line 16, by inserting the following:
8 "(70 ILCS 405/23) (from Ch. 5, par. 128)
9 Sec. 23. Adoption of land-use regulations. The directors
10 of any district shall have authority to formulate regulations
11 governing the use of lands within the district in the
12 interest of conserving soil, soil resources, water and water
13 resources and preventing and controlling soil erosion and
14 erosion, floodwater and sediment damages. The directors shall
15 conduct such public meetings and public hearings upon
16 tentative regulations as may be necessary to assist them in
17 this work. The directors shall not have authority to enact
18 such land-use regulations into law until after they shall
19 have caused due notice to be given of their intention to
20 conduct a referendum for submission of such regulations to
21 the land owners within the boundaries of the district for
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1 their approval or disapproval of such proposed regulations,
2 shall have held such referendum, and shall have considered
3 the result of such referendum. The proposed regulations
4 shall be embodied in a proposed ordinance. Copies of such
5 proposed ordinance shall be filed with the Department for an
6 expression of opinion. The opinion of the Department and any
7 statement it may issue with reference thereto shall be made
8 known to the owners in such district at least 10 days prior
9 to the date of any referendum thereon. Copies of such
10 proposed ordinance shall be available for distribution among,
11 and inspection by owners and occupiers of land in the
12 district during the period between publications of such
13 notice and the date of the referendum. The notices of the
14 referendum shall recite the contents of such proposed
15 ordinance and shall state where copies of such proposed
16 ordinance may be examined or obtained. The question shall be
17 submitted by ballots, upon which the words "For approval of
18 proposed ordinance No....., prescribing land-use regulations
19 for conservation of soil and water and prevention of erosion"
20 and "Against approval of proposed ordinance No.....,
21 prescribing land-use regulations for conservation of soil and
22 water and prevention of erosion" shall appear, with a square
23 before each proposition and a direction to insert an X mark
24 in the square before one or the other of those propositions.
25 A summary or digest of the provisions of the proposed
26 ordinance shall also appear on such ballots. The directors
27 shall supervise such referendum, shall prescribe appropriate
28 regulations governing the conduct thereof, and shall publish
29 the result thereof. All the owners of land within the
30 district shall be eligible to vote in such referendum and
31 each shall have one vote. Such vote may be cast in person or
32 by absentee ballot. No informalities in the conduct of such
33 referendum or in any matters relating thereto shall
34 invalidate such referendum or the result thereof if notice
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1 thereof shall have been given substantially as herein
2 provided and such referendum shall have been fairly
3 conducted.
4 The directors shall not have authority to enact such
5 proposed ordinance into law unless at least three-fourths of
6 the owners of land voting in such referendum shall vote in
7 such referendum for approval of the proposed ordinance. The
8 approval of the proposed ordinance by three-fourths of the
9 land owners voting on the proposition shall not be deemed to
10 require the directors to enact such proposed ordinance into
11 law. Land-use regulations prescribed in ordinances adopted
12 pursuant to this Section by the directors of any district
13 shall have the force and effect of law in the district and
14 shall be binding and obligatory upon all owners of lands
15 within such district.
16 Any owner of land within such district may at any time
17 file a petition with the directors asking that any or all of
18 the land-use regulations prescribed in any ordinance adopted
19 by the directors under this Section shall be amended,
20 supplemented, or repealed. Land-use regulations prescribed in
21 any ordinance adopted pursuant to this Section shall not be
22 amended, supplemented, or repealed except in accordance with
23 the procedure prescribed in this Section for adoption of
24 land-use regulations. Referenda on adoption, amendment,
25 supplementation, or repeal of land-use regulations shall not
26 be held more often than once in 6 months.
27 The regulations to be adopted by the directors under this
28 Section may include:
29 1. Provisions requiring the carrying out of
30 necessary engineering operations, including the
31 construction of terraces, terrace outlets, check dams,
32 dikes, ponds, ditches, and other necessary structures.
33 2. Provisions requiring observation of particular
34 methods of cultivation including contour cultivating,
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1 contour furrowing, strip cropping, seeding and planting
2 of lands to water-conserving and erosion-preventing
3 plants, trees, grasses, forestation and reforestation.
4 3. Provisions requiring the permanent retirement
5 from cultivation of highly erosive areas or of areas on
6 which erosion cannot be adequately controlled if
7 cultivation is carried on.
8 4. Provisions for such other means, measures,
9 operations and programs as may assist conservation of
10 soil and water resources and prevent or control soil
11 erosion in the district.
12 5. Provisions prohibiting the clearcutting of trees
13 within 30 feet of any navigable waters, except for trees
14 that are included in a forestry management plan approved
15 by the Division of Forest Resources of the Department of
16 Natural Resources. However, these provisions shall not
17 prohibit clearcutting incidental to any project, activity
18 or program that has been permitted, licensed, certified
19 or approved by an agency of federal, State or local
20 government. For the purpose of this item 5, "navigable
21 waters" means public waters that are usable for water
22 commerce.
23 However, these provisions shall not prohibit a public
24 utility from maintaining its transmission facilities and
25 rights of way.
26 The regulations shall be uniform throughout the territory
27 comprised within the district except that the directors may
28 classify the lands within the district with reference to such
29 factors as soil type, degree of slope, degree of erosion
30 threatened or existing, cropping and tillage practices in
31 use, and other relevant factors, and may provide regulations
32 varying with the type or class of land affected, but uniform
33 as to all lands within each class or type. Copies of land-use
34 regulations adopted under this Section shall be printed and
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1 made available to all owners and occupiers of lands lying
2 within the district.
3 No authority exercised by or procedure authorized by a
4 district pursuant to this Section 23 imposes any restriction
5 or mandate on land use practices and other policies of
6 municipalities with respect to land located in that
7 municipality, unless the corporate authorities of that
8 municipality authorize by resolution the application of that
9 district's land use regulations within the municipality's
10 corporate limits.
11 (Source: P.A. 89-445, eff. 2-7-96.)".