Bill Text: IL HB2756 | 2017-2018 | 100th General Assembly | Engrossed

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Bill Title: Amends the Counties Code. Changes the application of provisions concerning allowing management and mitigation of the effects of urbanization on stormwater drainage in metropolitan counties located in the area served by the Northeastern Illinois Planning Commission to those located in the area served by the Chicago Metropolitan Agency for Planning. Authorizes all counties (currently, only specified counties) to adopt stormwater management plans. Provides that counties' minimum standards for floodplain and stormwater management should have an emphasis on the use of cost effective, nature-based solutions and provides examples of such solutions. Provides that the stormwater management plans shall evaluate water quality and flooding problems caused by urban flooding. Defines "urban flooding" as the flooding of public and private land in urban areas that results from stormwater or snowmelt runoff overwhelming the existing drainage infrastructure, unrelated to the overflow of any river or lake, whether or not that land is located in or near a floodplain. Provides that a stormwater management planning committee may make grants to units of local government and landowners under specified conditions.

Spectrum: Slight Partisan Bill (Democrat 5-2)

Status: (Failed) 2019-01-08 - Session Sine Die [HB2756 Detail]

Download: Illinois-2017-HB2756-Engrossed.html

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HB2756 Engrossed LRB100 10268 AWJ 20454 b
AN ACT concerning local government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Counties Code is amended by changing
Sections 5-1062, 5-1062.2, and 5-1062.3 as follows:
(55 ILCS 5/5-1062) (from Ch. 34, par. 5-1062)
Sec. 5-1062. Stormwater management.
(a) The purpose of this Section is to allow management and
mitigation of the effects of urbanization on stormwater
drainage in metropolitan counties located in the area served by
the Chicago Metropolitan Agency for Planning Northeastern
Illinois Planning Commission, and references to "county" in
this Section shall apply only to those counties. This Section
shall not apply to any county with a population in excess of
1,500,000, except as provided in subsection (c). The purpose of
this Section shall be achieved by:
(1) consolidating the existing stormwater management
framework into a united, countywide structure;
(2) setting minimum standards for floodplain and
stormwater management with an emphasis on the use of
cost-effective, nature-based solutions to flooding
problems, including, but not limited to, solutions that
restore or enhance the natural hydrologic cycle by

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increasing infiltration, evapotranspiration, and the
collection of runoff for reuse as appropriate considering
the local conditions that as a byproduct also results in
improved water conditions; and
(3) preparing a countywide plan for the management of
stormwater runoff, including the management of natural and
man-made drainageways. The countywide plan may incorporate
watershed plans and shall evaluate and address flooding
problems that exist in urbanized areas that are a result of
urban flooding.
(b) A stormwater management planning committee shall be
established by county board resolution, with its membership
consisting of equal numbers of county board and municipal
representatives from each county board district, and such other
members as may be determined by the county and municipal
members. However, if the county has more than 6 county board
districts, the county board may by ordinance divide the county
into not less than 6 areas of approximately equal population,
to be used instead of county board districts for the purpose of
determining representation on the stormwater management
planning committee.
The county board members shall be appointed by the chairman
of the county board. Municipal members from each county board
district or other represented area shall be appointed by a
majority vote of the mayors of those municipalities which have
the greatest percentage of their respective populations

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residing in such county board district or other represented
area. All municipal and county board representatives shall be
entitled to a vote; the other members shall be nonvoting
members, unless authorized to vote by the unanimous consent of
the municipal and county board representatives. A municipality
that is located in more than one county may choose, at the time
of formation of the stormwater management planning committee
and based on watershed boundaries, to participate in the
stormwater management planning program of either or both of the
counties. Subcommittees of the stormwater management planning
committee may be established to serve a portion of the county
or a particular drainage basin that has similar stormwater
management needs. The stormwater management planning committee
shall adopt by-laws, by a majority vote of the county and
municipal members, to govern the functions of the committee and
its subcommittees. Officers of the committee shall include a
chair and vice chair, one of whom shall be a county
representative and one a municipal representative.
The principal duties of the committee shall be to develop a
stormwater management plan for presentation to and approval by
the county board, and to direct the plan's implementation and
revision. The committee may retain engineering, legal and
financial advisors and inspection personnel. The committee
shall meet at least quarterly and shall hold at least one
public meeting during the preparation of the plan and prior to
its submittal to the county board. The committee may make

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grants to: (1) units of local government; (2) not-for-profit
organizations; and (3) landowners. In order for a municipality
located partially or wholly within a mapped floodplain to
receive grant moneys, the municipality must be a member in the
Federal Emergency Management Agency's National Flood Insurance
Program. A municipality receiving grant moneys must have
adopted an ordinance requiring actions consistent with the
stormwater management plan. Use of the grant moneys must be
consistent with the stormwater management plan.
(c) In the preparation of a stormwater management plan, a
county stormwater management planning committee shall
coordinate the planning process with each adjoining county to
ensure that recommended stormwater projects will have no
significant impact on the levels or flows of stormwaters in
inter-county watersheds or on the capacity of existing and
planned stormwater retention facilities. An adopted stormwater
management plan shall identify steps taken by the county to
coordinate the development of plan recommendations with
adjoining counties.
(d) (Blank).
(e) Prior to recommending the plan to the county board, the
stormwater management planning committee shall hold at least
one public hearing thereon and shall afford interested persons
an opportunity to be heard. The hearing shall be held in the
county seat. Notice of the hearing shall be published at least
once no less than 15 days in advance thereof in a newspaper of

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general circulation published in the county. The notice shall
state the time and place of the hearing and the place where
copies of the proposed plan will be accessible for examination
by interested parties. If an affected municipality having a
stormwater management plan adopted by ordinance wishes to
protest the proposed county plan provisions, it shall appear at
the hearing and submit in writing specific proposals to the
stormwater management planning committee. After consideration
of the matters raised at the hearing, the committee may amend
or approve the plan and recommend it to the county board for
adoption.
The county board may enact the proposed plan by ordinance.
If the proposals for modification of the plan made by an
affected municipality having a stormwater management plan are
not included in the proposed county plan, and the municipality
affected by the plan opposes adoption of the county plan by
resolution of its corporate authorities, approval of the county
plan shall require an affirmative vote of at least two-thirds
of the county board members present and voting. If the county
board wishes to amend the county plan, it shall submit in
writing specific proposals to the stormwater management
planning committee. If the proposals are not approved by the
committee, or are opposed by resolution of the corporate
authorities of an affected municipality having a municipal
stormwater management plan, amendment of the plan shall require
an affirmative vote of at least two-thirds of the county board

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members present and voting.
(f) The county board may prescribe by ordinance reasonable
rules and regulations for floodplain or stormwater management
and for governing the location, width, course and release rate
of all stormwater runoff channels, streams and basins in the
county, in accordance with the adopted stormwater management
plan. These rules and regulations shall, at a minimum, meet the
standards for floodplain management established by the Office
of Water Resources and the requirements of the Federal
Emergency Management Agency for participation in the National
Flood Insurance Program.
(g) In accordance with, and if recommended in, the adopted
stormwater management plan, the county board may adopt a
schedule of fees as may be necessary to mitigate the effects of
increased stormwater runoff resulting from new development.
The fees shall not exceed the cost of satisfying the onsite
stormwater retention or detention requirements of the adopted
stormwater management plan. The fees shall be used to finance
activities undertaken by the county or its included
municipalities to mitigate the effects of urban stormwater
runoff by providing regional stormwater retention or detention
facilities, as identified in the county plan. All such fees
collected by the county shall be held in a separate fund, and
shall be expended only in the watershed within which they were
collected.
(h) For the purpose of implementing this Section and for

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the development, design, planning, construction, operation and
maintenance of stormwater facilities provided for in the
stormwater management plan, a county board that has established
a stormwater management planning committee pursuant to this
Section may cause an annual tax of not to exceed 0.20% of the
value, as equalized or assessed by the Department of Revenue,
of all taxable property in the county to be levied upon all the
taxable property in the county. The tax shall be in addition to
all other taxes authorized by law to be levied and collected in
the county and shall be in addition to the maximum tax rate
authorized by law for general county purposes. The 0.20%
limitation provided in this Section may be increased or
decreased by referendum in accordance with the provisions of
Sections 18-120, 18-125, and 18-130 of the Property Tax Code.
Any revenues generated as a result of ownership or
operation of facilities or land acquired with the tax funds
collected pursuant to this subsection (h) shall be held in a
separate fund and be used either to abate such property tax or
for implementing this Section.
However, unless at least part of the county has been
declared after July 1, 1986 by presidential proclamation to be
a disaster area as a result of flooding, the tax authorized by
this subsection (h) shall not be levied until the question of
its adoption, either for a specified period or indefinitely,
has been submitted to the electors thereof and approved by a
majority of those voting on the question. This question may be

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submitted at any election held in the county after the adoption
of a resolution by the county board providing for the
submission of the question to the electors of the county. The
county board shall certify the resolution and proposition to
the proper election officials, who shall submit the proposition
at an election in accordance with the general election law. If
a majority of the votes cast on the question is in favor of the
levy of the tax, it may thereafter be levied in the county for
the specified period or indefinitely, as provided in the
proposition. The question shall be put in substantially the
following form:
-------------------------------------------------------------
Shall an annual tax be levied
for stormwater management purposes YES
(for a period of not more than
...... years) at a rate not exceeding ------------------
.....% of the equalized assessed
value of the taxable property of NO
........ County?
-------------------------------------------------------------
(i) Upon the creation and implementation of a county
stormwater management plan, the county may petition the circuit
court to dissolve any or all drainage districts created
pursuant to the Illinois Drainage Code or predecessor Acts
which are located entirely within the area of the county
covered by the plan.

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However, any active drainage district implementing a plan
that is consistent with and at least as stringent as the county
stormwater management plan may petition the stormwater
management planning committee for exception from dissolution.
Upon filing of the petition, the committee shall set a date for
hearing not less than 2 weeks, nor more than 4 weeks, from the
filing thereof, and the committee shall give at least one
week's notice of the hearing in one or more newspapers of
general circulation within the district, and in addition shall
cause a copy of the notice to be personally served upon each of
the trustees of the district. At the hearing, the committee
shall hear the district's petition and allow the district
trustees and any interested parties an opportunity to present
oral and written evidence. The committee shall render its
decision upon the petition for exception from dissolution based
upon the best interests of the residents of the district. In
the event that the exception is not allowed, the district may
file a petition within 30 days of the decision with the circuit
court. In that case, the notice and hearing requirements for
the court shall be the same as herein provided for the
committee. The court shall likewise render its decision of
whether to dissolve the district based upon the best interests
of residents of the district.
The dissolution of any drainage district shall not affect
the obligation of any bonds issued or contracts entered into by
the district nor invalidate the levy, extension or collection

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of any taxes or special assessments upon the property in the
former drainage district. All property and obligations of the
former drainage district shall be assumed and managed by the
county, and the debts of the former drainage district shall be
discharged as soon as practicable.
If a drainage district lies only partly within a county
that adopts a county stormwater management plan, the county may
petition the circuit court to disconnect from the drainage
district that portion of the district that lies within that
county. The property of the drainage district within the
disconnected area shall be assumed and managed by the county.
The county shall also assume a portion of the drainage
district's debt at the time of disconnection, based on the
portion of the value of the taxable property of the drainage
district which is located within the area being disconnected.
The operations of any drainage district that continues to
exist in a county that has adopted a stormwater management plan
in accordance with this Section shall be in accordance with the
adopted plan.
(j) Any county that has adopted a county stormwater
management plan under this Section may, after 10 days written
notice to the owner or occupant, enter upon any lands or waters
within the county for the purpose of inspecting stormwater
facilities or causing the removal of any obstruction to an
affected watercourse. The county shall be responsible for any
damages occasioned thereby.

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(k) Upon petition of the municipality, and based on a
finding of the stormwater management planning committee, the
county shall not enforce rules and regulations adopted by the
county in any municipality located wholly or partly within the
county that has a municipal stormwater management ordinance
that is consistent with and at least as stringent as the county
plan and ordinance, and is being enforced by the municipal
authorities.
(l) A county may issue general obligation bonds for
implementing any stormwater plan adopted under this Section in
the manner prescribed in Section 5-1012; except that the
referendum requirement of Section 5-1012 shall not apply to
bonds issued pursuant to this Section on which the principal
and interest are to be paid entirely out of funds generated by
the taxes and fees authorized by this Section.
(m) The powers authorized by this Section may be
implemented by the county board for a portion of the county
subject to similar stormwater management needs.
(n) The powers and taxes authorized by this Section are in
addition to the powers and taxes authorized by Division 5-15;
in exercising its powers under this Section, a county shall not
be subject to the restrictions and requirements of that
Division.
(o) Pursuant to paragraphs (g) and (i) of Section 6 of
Article VII of the Illinois Constitution, this Section
specifically denies and limits the exercise of any power which

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is inconsistent herewith by home rule units in any county with
a population of less than 1,500,000 in the area served by the
Chicago Metropolitan Agency for Planning Northeastern Illinois
Planning Commission. This Section does not prohibit the
concurrent exercise of powers consistent herewith.
(p) As used in this Section:
"Urban flooding" means the flooding of public and private
land in urban communities that results from stormwater or
snowmelt runoff overwhelming the existing drainage
infrastructure, unrelated to the overflow of any river or lake,
whether or not that land is located in or near a floodplain.
"Urbanized areas" means a statistical geographic entity
consisting of a densely settled core created from census tracts
or blocks and contiguous qualifying territory that together
have a minimum population of at least 50,000 persons and has
been delineated as an urbanized area by the United States
Census Bureau after the most recent decennial census.
(Source: P.A. 97-916, eff. 8-9-12.)
(55 ILCS 5/5-1062.2)
Sec. 5-1062.2. Stormwater management.
(a) The purpose of this Section is to allow management and
mitigation of the effects of urbanization on stormwater
drainage in the metropolitan counties of Madison, St. Clair,
Monroe, Kankakee, Grundy, LaSalle, DeKalb, Kendall, and Boone
as well as all counties containing all or a part of an

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urbanized area and references to "county" in this Section apply
only to those counties. This Section does not apply to counties
in the Chicago Metropolitan Agency for Planning Northeastern
Illinois Planning Commission that are granted authorities in
Section 5-1062. The purpose of this Section shall be achieved
by:
(1) Consolidating the existing stormwater management
framework into a united, countywide structure.
(2) Setting minimum standards for floodplain and
stormwater management, with an emphasis on the use of cost
effective, nature-based solutions to flooding problems,
including, but not limited to, solutions that restore or
enhance the natural hydrologic cycle by increasing
infiltration, evapotranspiration, and the collection of
runoff for reuse as appropriate considering the local
conditions that as a byproduct also results in improved
water conditions.
(3) Preparing a countywide plan for the management of
stormwater runoff, including the management of natural and
man-made drainageways. The countywide plan may incorporate
watershed plans and shall evaluate and address flooding
problems that exist in urbanized areas that are a result of
urban flooding.
(a-5) This Section also applies to all counties not
otherwise covered in Section 5-1062, 5-1062.2, or 5-1062.3 if
the question of allowing the county board to establish a

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stormwater management planning council has been submitted to
the electors of the county and approved by a majority of those
voting on the question.
(b) A stormwater management planning committee may be
established by county board resolution, with its membership
consisting of equal numbers of county board and municipal
representatives from each county board district, drainage
district, and soil and water conservation district and such
other members as may be determined by the county and municipal
members. If the county has more than 6 county board districts,
however, the county board may by ordinance divide the county
into not less than 6 areas of approximately equal population,
to be used instead of county board districts for the purpose of
determining representation on the stormwater management
planning committee.
The county board members shall be appointed by the chairman
of the county board. Municipal members from each county board
district or other represented area shall be appointed by a
majority vote of the mayors of those municipalities that have
the greatest percentage of their respective populations
residing in that county board district or other represented
area. All municipal, and county board, drainage district, and
soil and water conservation district representatives shall be
entitled to a vote; the other members shall be nonvoting
members, unless authorized to vote by the unanimous consent of
the voting member of the committee; however, Madison, St.

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Clair, Monroe, Kankakee, Grundy, LaSalle, DeKalb, Kendall, and
Boone counties shall not have drainage district or soil and
water conservation the municipal and county board
representatives. A municipality that is located in more than
one county may choose, at the time of formation of the
stormwater management planning committee and based on
watershed boundaries, to participate in the stormwater
management planning program of either or both of the counties.
Subcommittees of the stormwater management planning committee
may be established to serve a portion of the county or a
particular drainage basin that has similar stormwater
management needs. The stormwater management planning committee
shall adopt bylaws, by a majority vote of the county and
municipal members, to govern the functions of the committee and
its subcommittees. Officers of the committee shall include a
chair and vice chair, one of whom shall be a county
representative and one a municipal representative.
The principal duties of the committee shall be to develop a
stormwater management plan for presentation to and approval by
the county board, and to direct the plan's implementation and
revision. The committee may retain engineering, legal, and
financial advisors and inspection personnel. The committee
shall meet at least quarterly and shall hold at least one
public meeting during the preparation of the plan and prior to
its submittal to the county board. The committee may make
grants to: (1) units of local government; (2) not-for-profit

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organizations; and (3) landowners. In order for a municipality
located partially or wholly within a mapped floodplain to
receive grant moneys, the municipality must be a member in the
Federal Emergency Management Agency's National Flood Insurance
Program. A municipality receiving grant moneys must that have
adopted an ordinance requiring actions consistent with the
stormwater management plan. Use and to landowners for the
purposes of stormwater management, including special projects;
use of the grant money must be consistent with the stormwater
management plan.
The committee shall not have or exercise any power of
eminent domain.
(c) In the preparation of a stormwater management plan, a
county stormwater management planning committee shall
coordinate the planning process with each adjoining county to
ensure that recommended stormwater projects will have no
significant impact on the levels or flows of stormwaters in
inter-county watersheds or on the capacity of existing and
planned stormwater retention facilities. An adopted stormwater
management plan shall identify steps taken by the county to
coordinate the development of plan recommendations with
adjoining counties.
(d) The stormwater management committee may not enforce any
rules or regulations that would interfere with (i) any power
granted by the Illinois Drainage Code (70 ILCS 605/) to
operate, construct, maintain, or improve drainage systems or

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(ii) the ability to operate, maintain, or improve the drainage
systems used on or by land or a facility used for production
agriculture purposes, as defined in the Use Tax Act (35 ILCS
105/), except newly constructed buildings and newly installed
impervious paved surfaces. Disputes regarding an exception
shall be determined by a mutually agreed upon arbitrator paid
by the disputing party or parties.
(e) Before the stormwater management planning committee
recommends to the county board a stormwater management plan for
the county or a portion thereof, it shall submit the plan to
the Office of Water Resources of the Department of Natural
Resources for review and recommendations. The Office, in
reviewing the plan, shall consider such factors as impacts on
the levels or flows in rivers and streams and the cumulative
effects of stormwater discharges on flood levels. The Office of
Water Resources shall determine whether the plan or ordinances
enacted to implement the plan complies with the requirements of
subsection (f). Within a period not to exceed 60 days, the
review comments and recommendations shall be submitted to the
stormwater management planning committee for consideration.
Any amendments to the plan shall be submitted to the Office for
review.
(f) Prior to recommending the plan to the county board, the
stormwater management planning committee shall hold at least
one public hearing thereon and shall afford interested persons
an opportunity to be heard. The hearing shall be held in the

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county seat. Notice of the hearing shall be published at least
once no less than 15 days in advance of the hearing in a
newspaper of general circulation published in the county. The
notice shall state the time and place of the hearing and the
place where copies of the proposed plan will be accessible for
examination by interested parties. If an affected municipality
having a stormwater management plan adopted by ordinance wishes
to protest the proposed county plan provisions, it shall appear
at the hearing and submit in writing specific proposals to the
stormwater management planning committee. After consideration
of the matters raised at the hearing, the committee may amend
or approve the plan and recommend it to the county board for
adoption.
The county board may enact the proposed plan by ordinance.
If the proposals for modification of the plan made by an
affected municipality having a stormwater management plan are
not included in the proposed county plan, and the municipality
affected by the plan opposes adoption of the county plan by
resolution of its corporate authorities, approval of the county
plan shall require an affirmative vote of at least two-thirds
of the county board members present and voting. If the county
board wishes to amend the county plan, it shall submit in
writing specific proposals to the stormwater management
planning committee. If the proposals are not approved by the
committee, or are opposed by resolution of the corporate
authorities of an affected municipality having a municipal

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stormwater management plan, amendment of the plan shall require
an affirmative vote of at least two-thirds of the county board
members present and voting.
(g) The county board may prescribe by ordinance reasonable
rules and regulations for floodplain or stormwater management
and for governing the location, width, course, and release rate
of all stormwater runoff channels, streams, and basins in the
county, in accordance with the adopted stormwater management
plan. Land, facilities, and drainage district facilities used
for production agriculture as defined in subsection (d) shall
not be subjected to regulation by the county board or
stormwater management committee under this Section for
floodplain management and for governing location, width,
course, maintenance, and release rate of stormwater runoff
channels, streams and basins, or water discharged from a
drainage district. These rules and regulations shall, at a
minimum, meet the standards for floodplain management
established by the Office of Water Resources and the
requirements of the Federal Emergency Management Agency for
participation in the National Flood Insurance Program. The
Commission may not impose more stringent regulations regarding
water quality on entities discharging in accordance with a
valid National Pollution Discharge Elimination System permit
issued under the Environmental Protection Act.
(h) In accordance with, and if recommended in, the adopted
stormwater management plan, the county board may adopt a

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schedule of fees as may be necessary to mitigate the effects of
increased stormwater runoff resulting from new development
based on actual costs. The fees shall not exceed the cost of
satisfying the onsite stormwater retention or detention
requirements of the adopted stormwater management plan. The
fees shall be used to finance activities undertaken by the
county or its included municipalities to mitigate the effects
of urban stormwater runoff by providing regional stormwater
retention or detention facilities, as identified in the county
plan. The county board shall provide for a credit or reduction
in fees for any onsite retention, detention, drainage district
assessments, or other similar stormwater facility that the
developer is required to construct consistent with the
stormwater management ordinance. All these fees collected by
the county shall be held in a separate fund, and shall be
expended only in the watershed within which they were
collected.
(i) For the purpose of implementing this Section and for
the development, design, planning, construction, operation,
and maintenance of stormwater facilities provided for in the
stormwater management plan, a county board that has established
a stormwater management planning committee pursuant to this
Section may cause an annual tax of not to exceed 0.20% of the
value, as equalized or assessed by the Department of Revenue,
of all taxable property in the county to be levied upon all the
taxable property in the county or occupation and use taxes of

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1/10 of one cent. The property tax shall be in addition to all
other taxes authorized by law to be levied and collected in the
county and shall be in addition to the maximum tax rate
authorized by law for general county purposes. The 0.20%
limitation provided in this Section may be increased or
decreased by referendum at a general election in accordance
with the provisions of Sections 18-120, 18-125, and 18-130 of
the Property Tax Code (35 ILCS 200/).
Any revenues generated as a result of ownership or
operation of facilities or land acquired with the tax funds
collected pursuant to this subsection shall be held in a
separate fund and be used either to abate such property tax or
for implementing this Section.
However, the tax authorized by this subsection shall not be
levied until the question of its adoption, either for a
specified period or indefinitely, has been submitted to the
electors thereof and approved by a majority of those voting on
the question. This question may be submitted at any general
election held in the county after the adoption of a resolution
by the county board providing for the submission of the
question to the electors of the county. The county board shall
certify the resolution and proposition to the proper election
officials, who shall submit the proposition at an election in
accordance with the general election law. If a majority of the
votes cast on the question is in favor of the levy of the tax,
it may thereafter be levied in the county for the specified

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period or indefinitely, as provided in the proposition. The
question shall be put in substantially the following form:
Shall an annual tax be levied for stormwater management
purposes (for a period of not more than ..... years) at a
rate not exceeding .....% of the equalized assessed value
of the taxable property of ..... County?
Or this question may be submitted at any general election held
in the county after the adoption of a resolution by the county
board providing for the submission of the question to the
electors of the county to authorize use and occupation taxes of
1/10 of one cent:
Shall use and occupation taxes be raised for stormwater
management purposes (for a period of not more than .....
years) at a rate of 1/10 of one cent for taxable goods in
..... County?
Votes shall be recorded as Yes or No.
(j) For those counties that adopt a property tax in
accordance with the provisions in this Section, the stormwater
management committee shall offer property tax abatements or
incentive payments to property owners who construct, maintain,
and use approved stormwater management devices. For those
counties that adopt use and occupation taxes in accordance with
the provisions of this Section, the stormwater management
committee may offer tax rebates or incentive payments to
property owners who construct, maintain, and use approved
stormwater management devices. The stormwater management

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committee is authorized to offer credits to the property tax,
if applicable, based on authorized practices consistent with
the stormwater management plan and approved by the committee.
Expenses of staff of a stormwater management committee that are
expended on regulatory project review may be no more than 20%
of the annual budget of the committee, including funds raised
under subsections (h) and (i).
(k) Any county that has adopted a county stormwater
management plan under this Section may, after 10 days written
notice receiving consent of the owner or occupant, enter upon
any lands or waters within the county for the purpose of
inspecting stormwater facilities or causing the removal of any
obstruction to an affected watercourse. If consent is denied or
cannot be reasonably obtained, the county ordinance shall
provide a process or procedure for an administrative warrant to
be obtained. The county shall be responsible for any damages
occasioned thereby.
(l) Upon petition of the municipality, and based on a
finding of the stormwater management planning committee, the
county shall not enforce rules and regulations adopted by the
county in any municipality located wholly or partly within the
county that has a municipal stormwater management ordinance
that is consistent with and at least as stringent as the county
plan and ordinance, and is being enforced by the municipal
authorities. On issues that the county ordinance is more
stringent as deemed by the committee, the county shall only

HB2756 Engrossed - 24 - LRB100 10268 AWJ 20454 b
enforce rules and regulations adopted by the county on the more
stringent issues and accept municipal permits. The county shall
have no more than 60 days to review permits or the permits
shall be deemed approved.
(m) A county may issue general obligation bonds for
implementing any stormwater plan adopted under this Section in
the manner prescribed in Section 5-1012; except that the
referendum requirement of Section 5-1012 does not apply to
bonds issued pursuant to this Section on which the principal
and interest are to be paid entirely out of funds generated by
the taxes and fees authorized by this Section.
(n) The powers authorized by this Section may be
implemented by the county board for a portion of the county
subject to similar stormwater management needs.
(o) The powers and taxes authorized by this Section are in
addition to the powers and taxes authorized by Division 5-15;
in exercising its powers under this Section, a county shall not
be subject to the restrictions and requirements of that
Division.
(p) As used in this Section:
"Urban flooding" means the flooding of public and private
land in urban communities that results from stormwater or
snowmelt runoff overwhelming the existing drainage
infrastructure, unrelated to the overflow of any river or lake,
whether or not that land is located in or near a floodplain.
"Urbanized areas" means a statistical geographic entity

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consisting of a densely settled core created from census tracts
or blocks and contiguous qualifying territory that together
have a minimum population of at least 50,000 persons and has
been delineated as an urbanized area by the United States
Census Bureau after the most recent decennial census.
(Source: P.A. 94-675, eff. 8-23-05.)
(55 ILCS 5/5-1062.3)
Sec. 5-1062.3. Stormwater management; DuPage and Peoria
Counties.
(a) The purpose of this Section is to allow management and
mitigation of the effects of urbanization on stormwater
drainage in the metropolitan counties of DuPage and Peoria, and
references to "county" in this Section apply only to those
counties. This Section does not apply to a municipality that
only partially lies within one of these counties and, on the
effective date of this amendatory Act of the 98th General
Assembly, is served by an existing Section in the Counties Code
regarding stormwater management. The purpose of this Section
shall be achieved by:
(1) consolidating the existing stormwater management
framework into a united, countywide structure;
(2) setting minimum standards for floodplain and
stormwater management; and
(3) preparing a countywide plan for the management of
stormwater runoff, including the management of natural and

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man-made drainageways. The countywide plan may incorporate
watershed plans.
(b) A stormwater management planning committee may be
established by county board resolution, with its membership
consisting of equal numbers of county board and municipal
representatives from each county board district, and such other
members as may be determined by the county and municipal
members. If the county has more than 6 county board districts,
however, the county board may by ordinance divide the county
into not less than 6 areas of approximately equal population,
to be used instead of county board districts for the purpose of
determining representation on the stormwater management
planning committee.
The county board members shall be appointed by the chairman
of the county board. Municipal members from each county board
district or other represented area shall be appointed by a
majority vote of the mayors of those municipalities that have
the greatest percentage of their respective populations
residing in that county board district or other represented
area. All municipal and county board representatives shall be
entitled to a vote; the other members shall be nonvoting
members, unless authorized to vote by the unanimous consent of
the municipal and county board representatives. A municipality
that is located in more than one county may choose, at the time
of formation of the stormwater management planning committee
and based on watershed boundaries, to participate in the

HB2756 Engrossed - 27 - LRB100 10268 AWJ 20454 b
stormwater management planning program of either county.
Subcommittees of the stormwater management planning committee
may be established to serve a portion of the county or a
particular drainage basin that has similar stormwater
management needs. The stormwater management planning committee
shall adopt bylaws, by a majority vote of the county and
municipal members, to govern the functions of the committee and
its subcommittees. Officers of the committee shall include a
chair and vice chair, one of whom shall be a county
representative and one a municipal representative.
The principal duties of the committee shall be to develop a
stormwater management plan for presentation to and approval by
the county board, and to direct the plan's implementation and
revision. The committee may retain engineering, legal, and
financial advisors and inspection personnel. The committee
shall meet at least quarterly and shall hold at least one
public meeting during the preparation of the plan and prior to
its submittal to the county board. The committee may make
grants to: (1) units of local government; (2) not-for-profit
organizations; and (3) landowners. In order for a municipality
located partially or wholly within a mapped floodplain to
receive grant moneys, the municipality must be a member in the
Federal Emergency Management Agency's National Flood Insurance
Program. A municipality receiving grant moneys must that have
adopted an ordinance requiring actions consistent with the
stormwater management plan. Use and to landowners for the

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purposes of stormwater management, including special projects;
use of the grant money must be consistent with the stormwater
management plan.
The committee shall not have or exercise any power of
eminent domain.
(c) In the preparation of a stormwater management plan, a
county stormwater management planning committee shall
coordinate the planning process with each adjoining county to
ensure that recommended stormwater projects will have no
significant impact on the levels or flows of stormwaters in
inter-county watersheds or on the capacity of existing and
planned stormwater retention facilities. An adopted stormwater
management plan shall identify steps taken by the county to
coordinate the development of plan recommendations with
adjoining counties.
(d) The stormwater management committee may not enforce any
rules or regulations that would interfere with (i) any power
granted by the Illinois Drainage Code (70 ILCS 605/) to
operate, construct, maintain, or improve drainage systems or
(ii) the ability to operate, maintain, or improve the drainage
systems used on or by land or a facility used for production
agriculture purposes, as defined in the Use Tax Act (35 ILCS
105/), except newly constructed buildings and newly installed
impervious paved surfaces. Disputes regarding an exception
shall be determined by a mutually agreed upon arbitrator paid
by the disputing party or parties.

HB2756 Engrossed - 29 - LRB100 10268 AWJ 20454 b
(e) Before the stormwater management planning committee
recommends to the county board a stormwater management plan for
the county or a portion thereof, it shall submit the plan to
the Office of Water Resources of the Department of Natural
Resources for review and recommendations. The Office, in
reviewing the plan, shall consider such factors as impacts on
the levels or flows in rivers and streams and the cumulative
effects of stormwater discharges on flood levels. The Office of
Water Resources shall determine whether the plan or ordinances
enacted to implement the plan complies with the requirements of
subsection (f). Within a period not to exceed 60 days, the
review comments and recommendations shall be submitted to the
stormwater management planning committee for consideration.
Any amendments to the plan shall be submitted to the Office for
review.
(f) Prior to recommending the plan to the county board, the
stormwater management planning committee shall hold at least
one public hearing thereon and shall afford interested persons
an opportunity to be heard. The hearing shall be held in the
county seat. Notice of the hearing shall be published at least
once and no less than 15 days in advance of the hearing in a
newspaper of general circulation published in the county. The
notice shall state the time and place of the hearing and the
place where copies of the proposed plan will be accessible for
examination by interested parties. If an affected municipality
having a stormwater management plan adopted by ordinance wishes

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to protest the proposed county plan provisions, it shall appear
at the hearing and submit in writing specific proposals to the
stormwater management planning committee. After consideration
of the matters raised at the hearing, the committee may amend
or approve the plan and recommend it to the county board for
adoption.
The county board may enact the proposed plan by ordinance.
If the proposals for modification of the plan made by an
affected municipality having a stormwater management plan are
not included in the proposed county plan, and the municipality
affected by the plan opposes adoption of the county plan by
resolution of its corporate authorities, approval of the county
plan shall require an affirmative vote of at least two-thirds
of the county board members present and voting. If the county
board wishes to amend the county plan, it shall submit in
writing specific proposals to the stormwater management
planning committee. If the proposals are not approved by the
committee, or are opposed by resolution of the corporate
authorities of an affected municipality having a municipal
stormwater management plan, amendment of the plan shall require
an affirmative vote of at least two-thirds of the county board
members present and voting.
(g) The county board may prescribe by ordinance reasonable
rules and regulations for floodplain management and for
governing the location, width, course, and release rate of all
stormwater runoff channels, streams, and basins in the county,

HB2756 Engrossed - 31 - LRB100 10268 AWJ 20454 b
in accordance with the adopted stormwater management plan.
Land, facilities, and drainage district facilities used for
production agriculture as defined in subsection (d) shall not
be subjected to regulation by the county board or stormwater
management committee under this Section for floodplain
management and for governing location, width, course,
maintenance, and release rate of stormwater runoff channels,
streams and basins, or water discharged from a drainage
district. These rules and regulations shall, at a minimum, meet
the standards for floodplain management established by the
Office of Water Resources and the requirements of the Federal
Emergency Management Agency for participation in the National
Flood Insurance Program. With respect to DuPage County only,
the Chicago Metropolitan Agency for Planning may not impose
more stringent regulations regarding water quality on entities
discharging in accordance with a valid National Pollution
Discharge Elimination System permit issued under the
Environmental Protection Act.
(h) For the purpose of implementing this Section and for
the development, design, planning, construction, operation,
and maintenance of stormwater facilities provided for in the
adopted stormwater management plan, a county board that has
established a stormwater management planning committee
pursuant to this Section or has participated in a stormwater
management planning process may adopt a schedule of fees
applicable to all real property within the county which

HB2756 Engrossed - 32 - LRB100 10268 AWJ 20454 b
benefits from the county's stormwater management facilities
and activities, and as may be necessary to mitigate the effects
of increased stormwater runoff resulting from development. The
total amount of the fees assessed must be specifically and
uniquely attributable to the actual costs of the county in the
preparation, administration, and implementation of the adopted
stormwater management plan, construction and maintenance of
stormwater facilities, and other activities related to the
management of the runoff from the property. The individual fees
must be specifically and uniquely attributable to the portion
of the actual cost to the county of managing the runoff from
the property. The fees shall be used to finance activities
undertaken by the county or its included municipalities to
mitigate the effects of urban stormwater runoff by providing
and maintaining stormwater collection, retention, detention,
and particulate treatment facilities, and improving water
bodies impacted by stormwater runoff, as identified in the
county plan. In establishing, maintaining, or replacing such
facilities, the county shall not duplicate facilities operated
by other governmental bodies within its corporate boundaries.
The schedule of fees established by the county board shall
include a procedure for a full or partial fee waiver for
property owners who have taken actions or put in place
facilities that reduce or eliminate the cost to the county of
providing stormwater management services to their property.
The county board may also offer tax or fee rebates or incentive

HB2756 Engrossed - 33 - LRB100 10268 AWJ 20454 b
payments to property owners who construct, maintain, and use
approved green infrastructure stormwater management devices or
any other methods that reduce or eliminate the cost to the
county of providing stormwater management services to the
property, including but not limited to facilities that reduce
the volume, temperature, velocity, and pollutant load of the
stormwater managed by the county, such as systems that
infiltrate, evapotranspirate, or harvest stormwater for reuse,
known as "green infrastructure". In exercising this authority,
the county shall provide notice to the municipalities within
its jurisdiction of any fees proposed under this Section and
seek the input of each municipality with respect to the
calculation of the fees. The county shall also give property
owners at least 2 years' notice of the fee, during which time
the county shall provide education on green infrastructure
practices and an opportunity to take action to reduce or
eliminate the fee. All these fees collected by the county shall
be held in a separate fund, and shall be expended only in the
watershed within which they were collected. The county may
enter into intergovernmental agreements with other government
bodies for the joint administration of stormwater management
and the collection of the fees authorized in this Section.
A fee schedule authorized by this subsection must have the
same limit as the authorized stormwater tax. In Peoria County
only, the fee schedule shall not be adopted unless (i) a
referendum has been passed approving a stormwater tax as

HB2756 Engrossed - 34 - LRB100 10268 AWJ 20454 b
provided in subsection (i) of this Section; or (ii) the
question of the adoption of a fee schedule with the same limit
as the authorized stormwater tax has been approved in a
referendum by a majority of those voting on the question.
(i) In the alternative to a fee imposed under subsection
(h), the county board may cause an annual tax of not to exceed
0.20% of the value, as equalized or assessed by the Department
of Revenue, of all taxable property in the county to be levied
upon all the taxable property in the county. The property tax
shall be in addition to all other taxes authorized by law to be
levied and collected in the county and shall be in addition to
the maximum tax rate authorized by law for general county
purposes. The 0.20% limitation provided in this Section may be
increased or decreased by referendum in accordance with the
provisions of Sections 18-120, 18-125, and 18-130 of the
Property Tax Code (35 ILCS 200/).
Any revenues generated as a result of ownership or
operation of facilities or land acquired with the tax funds
collected pursuant to this subsection shall be held in a
separate fund and be used either to abate such property tax or
for implementing this Section.
If at least part of the county has been declared by a
presidential proclamation after July 1, 1986 and before
December 31, 1987, to be a disaster area as a result of
flooding, the tax authorized by this subsection does not
require approval by referendum. However, in Peoria County, the

HB2756 Engrossed - 35 - LRB100 10268 AWJ 20454 b
tax authorized by this subsection shall not be levied until the
question of its adoption, either for a specified period or
indefinitely, has been submitted to the electors thereof and
approved by a majority of those voting on the question. This
question may be submitted at any election held in the county
after the adoption of a resolution by the county board
providing for the submission of the question to the electors of
the county. The county board shall certify the resolution and
proposition to the proper election officials, who shall submit
the proposition at an election in accordance with the general
election law. If a majority of the votes cast on the question
is in favor of the levy of the tax, it may thereafter be levied
in the county for the specified period or indefinitely, as
provided in the proposition. The question shall be put in
substantially the following form:
Shall an annual tax be levied for stormwater management
purposes (for a period of not more than ..... years) at a
rate not exceeding .....% of the equalized assessed value
of the taxable property of ..... County?
Votes shall be recorded as Yes or No.
The following question may be submitted at any election
held in the county after the adoption of a resolution by the
county board providing for the submission of the question to
the electors of the county to authorize adoption of a schedule
of fees applicable to all real property within the county:
Shall the county board be authorized to adopt a

HB2756 Engrossed - 36 - LRB100 10268 AWJ 20454 b
schedule of fees, at a rate not exceeding that of the
stormwater management tax, applicable to all real property
for preparation, administration, and implementation of an
adopted stormwater management plan, construction and
maintenance of related facilities, and management of the
runoff from the property?
Votes shall be recorded as Yes or No.
If these questions have been approved by a majority of
those voting prior to the effective date of this amendatory Act
of the 98th General Assembly, this subsection does not apply.
(j) For those counties that adopt a property tax in
accordance with the provisions in this Section, the stormwater
management committee shall offer property tax abatements or
incentive payments to property owners who construct, maintain,
and use approved stormwater management devices. The stormwater
management committee is authorized to offer credits to the
property tax, if applicable, based on authorized practices
consistent with the stormwater management plan and approved by
the committee. Expenses of staff of a stormwater management
committee that are expended on regulatory project review may be
no more than 20% of the annual budget of the committee,
including funds raised under subsections (h) and (i).
(k) Upon the creation and implementation of a county
stormwater management plan, the county may petition the circuit
court to dissolve any or all drainage districts created
pursuant to the Illinois Drainage Code or predecessor Acts

HB2756 Engrossed - 37 - LRB100 10268 AWJ 20454 b
which are located entirely within the area of the county
covered by the plan.
However, any active drainage district implementing a plan
that is consistent with and at least as stringent as the county
stormwater management plan may petition the stormwater
management planning committee for exception from dissolution.
Upon filing of the petition, the committee shall set a date for
hearing not less than 2 weeks, nor more than 4 weeks, from the
filing thereof, and the committee shall give at least one
week's notice of the hearing in one or more newspapers of
general circulation within the district, and in addition shall
cause a copy of the notice to be personally served upon each of
the trustees of the district. At the hearing, the committee
shall hear the district's petition and allow the district
trustees and any interested parties an opportunity to present
oral and written evidence. The committee shall render its
decision upon the petition for exception from dissolution based
upon the best interests of the residents of the district. In
the event that the exception is not allowed, the district may
file a petition within 30 days of the decision with the circuit
court. In that case, the notice and hearing requirements for
the court shall be the same as herein provided for the
committee. The court shall likewise render its decision of
whether to dissolve the district based upon the best interests
of residents of the district.
The dissolution of any drainage district shall not affect

HB2756 Engrossed - 38 - LRB100 10268 AWJ 20454 b
the obligation of any bonds issued or contracts entered into by
the district nor invalidate the levy, extension or collection
of any taxes or special assessments upon the property in the
former drainage district. All property and obligations of the
former drainage district shall be assumed and managed by the
county, and the debts of the former drainage district shall be
discharged as soon as practicable.
If a drainage district lies only partly within a county
that adopts a county stormwater management plan, the county may
petition the circuit court to disconnect from the drainage
district that portion of the district that lies within that
county. The property of the drainage district within the
disconnected area shall be assumed and managed by the county.
The county shall also assume a portion of the drainage
district's debt at the time of disconnection, based on the
portion of the value of the taxable property of the drainage
district which is located within the area being disconnected.
The operations of any drainage district that continues to
exist in a county that has adopted a stormwater management plan
in accordance with this Section shall be in accordance with the
adopted plan.
(l) Any county that has adopted a county stormwater
management plan under this Section may, after 10 days' written
notice receiving consent of the owner or occupant, enter upon
any lands or waters within the county for the purpose of
inspecting stormwater facilities or causing the removal of any

HB2756 Engrossed - 39 - LRB100 10268 AWJ 20454 b
obstruction to an affected watercourse. If consent is denied or
cannot be reasonably obtained, the county ordinance shall
provide a process or procedure for an administrative warrant to
be obtained. The county shall be responsible for any damages
occasioned thereby.
(m) Except as otherwise provided in subsection (a) of this
Section, upon petition of the municipality, and based on a
finding of the stormwater management planning committee, the
county shall not enforce rules and regulations adopted by the
county in any municipality located wholly or partly within the
county that has a municipal stormwater management ordinance
that is consistent with and at least as stringent as the county
plan and ordinance, and is being enforced by the municipal
authorities. On issues that the county ordinance is more
stringent as deemed by the committee, the county shall only
enforce rules and regulations adopted by the county on the more
stringent issues and accept municipal permits. The county shall
have no more than 60 days to review permits or the permits
shall be deemed approved.
(n) A county may issue general obligation bonds for
implementing any stormwater plan adopted under this Section in
the manner prescribed in Section 5-1012; except that the
referendum requirement of Section 5-1012 does not apply to
bonds issued pursuant to this Section on which the principal
and interest are to be paid entirely out of funds generated by
the taxes and fees authorized by this Section.

HB2756 Engrossed - 40 - LRB100 10268 AWJ 20454 b
(o) A county that has adopted a fee schedule pursuant to
this Section may not thereafter issue any bond extensions
related to implementing a stormwater management plan.
(p) The powers authorized by this Section may be
implemented by the county board for a portion of the county
subject to similar stormwater management needs.
(q) The powers and taxes authorized by this Section are in
addition to the powers and taxes authorized by Division 5-15;
in exercising its powers under this Section, a county shall not
be subject to the restrictions and requirements of that
Division.
(r) Stormwater management projects and actions related to
stormwater management in a county that has adopted a fee
schedule or tax pursuant to this Section prior to the effective
date of this amendatory Act of the 98th General Assembly are
not altered by this amendatory Act of the 98th General
Assembly.
(Source: P.A. 98-335, eff. 8-13-13; 98-756, eff. 7-16-14.)