Bill Text: IL HB3270 | 2025-2026 | 104th General Assembly | Introduced

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Bill Title: Amends the Counties Code. Repeals language that made certain stormwater management provisions applicable to all counties containing an urbanized area, except those counties covered by other provisions of the Code concerning stormwater management, if the question of allowing the county board to establish a stormwater management planning council had been submitted to the electors of the county and approved by a majority of those voting on the question. Specifies that these stormwater management provisions of the Code apply in all counties containing an urbanized area, unless the counties are covered by other provisions of the Code concerning stormwater management.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2025-02-18 - Referred to Rules Committee [HB3270 Detail]

Download: Illinois-2025-HB3270-Introduced.html

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104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3270 Introduced , by Rep. Anna Moeller SYNOPSIS AS INTRODUCED:
55 ILCS 5/5-1062.2
Amends the Counties Code. Repeals language that made certain stormwater management provisions applicable to all counties containing an urbanized area, except those counties covered by other provisions of the Code concerning stormwater management, if the question of allowing the county board to establish a stormwater management planning council had been submitted to the electors of the county and approved by a majority of those voting on the question. Specifies that these stormwater management provisions of the Code apply in all counties containing an urbanized area, unless the counties are covered by other provisions of the Code concerning stormwater management.
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A BILL FOR
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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
Section 5-1062.2 as follows:
(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 all counties not otherwise covered in Section
5-1062, 5-1062.1, or 5-1062.3 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 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 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 solutions to flooding problems.

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(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
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, one member
representing drainage districts, and one member representing
soil and water conservation districts and such other members
as may be determined by the stormwater management planning
committee 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

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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. The member representing drainage
districts shall be appointed by the drainage district
chairperson or by a majority vote of all drainage district
chairpersons in the county if more than one drainage district
exists in the county. The member representing soil and water
conservation districts shall be appointed by a majority vote
of the soil and water conservation district board or by a
majority vote of all soil and water conservation district
boards in the county if more than one soil and water
conservation district board exists in the county. All
municipal, 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
members of the committee; however, Madison, St. Clair, Monroe,
Kankakee, Grundy, LaSalle, DeKalb, Kendall, and Boone counties
are not required to have a drainage district or a soil and
water conservation representative. 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

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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
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 money must be

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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.
(e) Before the stormwater management planning committee
recommends to the county board a stormwater management plan

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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 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

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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 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

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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
schedule of reasonable 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

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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 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

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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
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

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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.
(i-5) Before a county that establishes a stormwater
management planning council after submission of the question
to the electors of the county pursuant to subsection (a-5) may
submit a referendum question to the electors of the county for
an annual tax under subsection (i), the county shall:
(1) adopt and enforce a floodplain management
ordinance or a stormwater management ordinance under
subsection (g) that has been approved by the Office of
Water Resources of the Department of Natural Resources;
and
(2) designate a certified floodplain manager who has
been certified by the Association of State Floodplain
Managers; however, nothing in this paragraph (2) requires
a county to create a new position or designate another
individual if the county already has a certified
floodplain manager on staff.
If a county fails to continually meet any of the
conditions of this subsection (i-5) after approval of a
referendum question for an annual tax, the county may not levy

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a tax under subsection (i) until they are in full compliance
with this subsection (i-5).
(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 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

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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
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.

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(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
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. 100-758, eff. 1-1-19.)