35 ILCS 200/
2021 Illinois Compiled Statutes|Chapter 55 - COUNTIES|55 ILCS 5/ - Counties Code.|Article 5 - Powers And Duties Of County Boards

.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 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     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  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 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 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.(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.(s) 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.)