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Wednesday, February 17, 2021

Illinois Bills Would Affect Zoning and Land Use Authority

Yesterday, we reported on a few bills introduced in the Illinois General Assembly relating to local government liability and immunities. Today, we wanted to mention a few recently introduced bills that relate to local government zoning and land use authority. Many of these will look familiar as they or similar bills have been introduced in previous legislative sessions but were not ultimately enacted.

HB 812 - Prohibiting Municipal Regulation of Accessory Dwelling Units (ADUs)

If passed, this bill would prohibit local governments (including municipalities) from banning accessory dwelling units, sometimes referred to as granny flats, in-law suites, coach houses, and a number of other names. The bill would allow reasonable regulations regarding the size and location of ADUs except to the extent that those regulations have the effect of prohibiting ADUs. The bill would preempt home rule authority.

SB 170 - Protection of Vegetable Gardens

If passed, this bill would expressly authorize the cultivation of vegetable gardens on private property and prohibit local government regulation inconsistent with this express authorization. Local governments would be authorized to regulate the height, setback, water use, fertilizer use, or control of invasive or unlawful species so long as those regulations do not preclude vegetable gardens. This bill would preempt home rule authority.

HB 811 - Electronic Publication of Notices

Although not technically a zoning or land use bill, if passed, this bill would have significant impact on required notices by allowing local governments to publish required notices (including notices for zoning public hearings) on its website rather than in a local newspaper. This bill or something like it has been introduced for many years but has not gone anywhere, maybe partly due to the opposition from newspaper publishers.

SB 42 - Cannabis Sales in Unincorporated Areas

If passed, this bill would prohibit counties from allowing the sale of cannabis on unincorpoated property that is located within 1 1/2 miles of a municipality that has prohibited cannabis sales in its jurisdiction.


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