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| [ House Amendment 001 ] |
90_HB3165
55 ILCS 5/5-12001 from Ch. 34, par. 5-12001
510 ILCS 77/65 new
Amends the Counties Code and the Livestock Management
Facilities Act. Provides that a new livestock management
facility or livestock waste handling facility of 500 or
greater animal units may not begin or continue construction
or expansion or begin operation without approval of the
county board or municipal corporate authorities. Makes this
power of the county board an exception to the general
prohibition in the Counties Code against county regulation of
land used for agricultural purposes. Effective immediately.
LRB9009270DJcdA
LRB9009270DJcdA
1 AN ACT concerning livestock management facilities,
2 amending named Acts.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Counties Code is amended by changing
6 Section 5-12001 as follows:
7 (55 ILCS 5/5-12001) (from Ch. 34, par. 5-12001)
8 Sec. 5-12001. Authority to regulate and restrict
9 location and use of structures.
10 For the purpose of promoting the public health, safety,
11 morals, comfort and general welfare, conserving the values of
12 property throughout the county, lessening or avoiding
13 congestion in the public streets and highways, and lessening
14 or avoiding the hazards to persons and damage to property
15 resulting from the accumulation or runoff of storm or flood
16 waters, the county board or board of county commissioners, as
17 the case may be, of each county, shall have the power to
18 regulate and restrict the location and use of buildings,
19 structures and land for trade, industry, residence and other
20 uses which may be specified by such board, to regulate and
21 restrict the intensity of such uses, to establish building or
22 setback lines on or along any street, trafficway, drive,
23 parkway or storm or floodwater runoff channel or basin
24 outside the limits of cities, villages and incorporated towns
25 which have in effect municipal zoning ordinances; to divide
26 the entire county outside the limits of such cities, villages
27 and incorporated towns into districts of such number, shape,
28 area and of such different classes, according to the use of
29 land and buildings, the intensity of such use (including
30 height of buildings and structures and surrounding open
31 space) and other classification as may be deemed best suited
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1 to carry out the purposes of this Division; to prohibit uses,
2 buildings or structures incompatible with the character of
3 such districts respectively; and to prevent additions to and
4 alteration or remodeling of existing buildings or structures
5 in such a way as to avoid the restrictions and limitations
6 lawfully imposed hereunder: Provided, that permits with
7 respect to the erection, maintenance, repair, alteration,
8 remodeling or extension of buildings or structures used or to
9 be used for agricultural purposes shall be issued free of any
10 charge. The corporate authorities of the county may by
11 ordinance require the construction of fences around or
12 protective covers over previously constructed artificial
13 basins of water dug in the ground and used for swimming or
14 wading, which are located on private residential property and
15 intended for the use of the owner and guests. In all
16 ordinances or resolutions passed under the authority of this
17 Division, due allowance shall be made for existing
18 conditions, the conservation of property values, the
19 directions of building development to the best advantage of
20 the entire county, and the uses to which property is devoted
21 at the time of the enactment of any such ordinance or
22 resolution.
23 The powers by this Division given shall not be exercised
24 so as to deprive the owner of any existing property of its
25 use or maintenance for the purpose to which it is then
26 lawfully devoted; nor, except as otherwise provided in this
27 Section, shall they be exercised so as to impose regulations
28 or require permits with respect to land used for agricultural
29 purposes, which includes the growing of farm crops, truck
30 garden crops, animal and poultry husbandry, apiculture,
31 aquaculture, dairying, floriculture, horticulture, nurseries,
32 tree farms, sod farms, pasturage, viticulture, and wholesale
33 greenhouses when such agricultural purposes constitute the
34 principal activity on the land, other than parcels of land
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1 consisting of less than 5 acres from which $1,000 or less of
2 agricultural products were sold in any calendar year in
3 counties with a population between 300,000 and 400,000 or in
4 counties contiguous to a county with a population between
5 300,000 and 400,000, and other than parcels of land
6 consisting of less than 5 acres in counties with a population
7 in excess of 400,000, or with respect to the erection,
8 maintenance, repair, alteration, remodeling or extension of
9 buildings or structures used or to be used for agricultural
10 purposes upon such land except that such buildings or
11 structures for agricultural purposes may be required to
12 conform to building or set back lines and counties may
13 establish a minimum lot size for residences on land used for
14 agricultural purposes; nor shall any such powers be so
15 exercised as to prohibit the temporary use of land for the
16 installation, maintenance and operation of facilities used by
17 contractors in the ordinary course of construction
18 activities, except that such facilities may be required to be
19 located not less than 1,000 feet from any building used for
20 residential purposes, and except that the period of such
21 temporary use shall not exceed the duration of the
22 construction contract; nor shall any such powers include the
23 right to specify or regulate the type or location of any
24 poles, towers, wires, cables, conduits, vaults, laterals or
25 any other similar distributing equipment of a public utility
26 as defined in the Public utilities Act, if the public utility
27 is subject to the Messages Tax Act, the Gas Revenue Tax Act
28 or the Public Utilities Revenue Act, or if such facilities or
29 equipment are located on any rights of way and are used for
30 railroad purposes, nor shall any such powers be exercised in
31 any respect as to the facilities, as defined in Section
32 5-12001.1, of a telecommunications carrier, as also defined
33 therein, except to the extent and in the manner set forth in
34 Section 5-12001.1. As used in this Act, "agricultural
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1 purposes" do not include the extraction of sand, gravel or
2 limestone, and such activities may be regulated by county
3 zoning ordinance even when such activities are related to an
4 agricultural purpose. Notwithstanding any other provision of
5 this Section, nothing in this Section shall be construed to
6 restrict the powers granted to counties under Section 65 of
7 the Livestock Management Facilities Act.
8 Nothing in this Division shall be construed to restrict
9 the powers granted by statute to cities, villages and
10 incorporated towns as to territory contiguous to but outside
11 of the limits of such cities, villages and incorporated
12 towns. Any zoning ordinance enacted by a city, village or
13 incorporated town shall supersede, with respect to territory
14 within the corporate limits of the municipality, any county
15 zoning plan otherwise applicable. The powers granted to
16 counties by this Division shall be treated as in addition to
17 powers conferred by statute to control or approve maps, plats
18 or subdivisions. In this Division, "agricultural purposes"
19 include, without limitation, the growing, developing,
20 processing, conditioning, or selling of hybrid seed corn,
21 seed beans, seed oats, or other farm seeds.
22 Nothing in this Division shall be construed to prohibit
23 the corporate authorities of a county from adopting an
24 ordinance that exempts pleasure driveways or park districts,
25 as defined in the Park District Code, with a population of
26 greater than 100,000, from the exercise of the county's
27 powers under this Division.
28 (Source: P.A. 89-654, eff. 8-14-96; 90-261, eff. 1-1-98;
29 90-522, eff. 1-1-98; revised 11-4-97.)
30 Section 10. The Livestock Management Facilities Act is
31 amended by adding Section 65 as follows:
32 (510 ILCS 77/65 new)
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1 Sec. 65. Local control.
2 (a) If a new facility as defined in Section 10.45 of 500
3 or greater animal units is proposed to be constructed or
4 expanded or is in the process of being constructed or
5 expanded on or after the effective date of rules
6 implementing this Section, construction or expansion of the
7 facility may not begin or continue and operation of the
8 facility may not begin without first obtaining the approval
9 of (i) the county board of the county in which the facility
10 is or will be located or (ii) if the facility is or will be
11 located within the corporate limits of a municipality, the
12 corporate authorities of that municipality. The county
13 board or the municipal corporate authorities may deny
14 approval of the construction or expansion of the facility in
15 order to prevent any harm to the health of the residents of
16 the county or municipality or to the economy or natural
17 resources of the county or municipality.
18 (b) The county board or municipal corporate authorities
19 shall grant or deny approval of the construction or
20 expansion of a facility under this Section by adopting a
21 resolution to that effect.
22 Section 99. Effective date. This Act takes effect upon
23 becoming law.