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92_HB5727
LRB9214760REsb
1 AN ACT to amend the Agricultural Areas Conservation and
2 Protection Act.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Agricultural Areas Conservation and
6 Protection Act is amended by changing Sections 4, 5, 6, 7, 8,
7 9, 10, 11, 12, 13, 16, 17, 18, and 20.2 and adding Section
8 11.5 as follows:
9 (505 ILCS 5/4) (from Ch. 5, par. 1004)
10 Sec. 4. Agricultural areas committee.
11 (a) A county board shall may establish a county
12 agricultural areas committee that which shall consist of (i)
13 4 four active farmers, no more than 2 two of whom shall be of
14 the same major political party, and (ii) a member of the
15 county board.
16 (1) The committee shall select one of its members
17 to serve as chairperson chairman of the county committee.
18 (2) The Such a committee shall be established
19 whenever a petition is received by the county board for
20 the creation of an agricultural area under pursuant to
21 Section 6. A, provided that no such county committee may
22 not be established if one has already been established
23 for the such county.
24 (3) Members of the such county committee shall be
25 appointed by and shall serve at the pleasure of the
26 county appointing authority.
27 (4) The members shall serve without salary, but the
28 county board may entitle each such member to
29 reimbursement for his actual necessary expenses incurred
30 in the performance of his official duties.
31 (b) The Such committee shall advise the county board in
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1 relation to the proposed establishment, modification, and
2 termination of agricultural areas. The county committee shall
3 render expert advice relating to the desirability of such
4 action, including advice as to the nature of farming and farm
5 resources within the proposed area and the relation of
6 farming in the such area to the county as a whole.
7 (Source: P.A. 81-1173.)
8 (505 ILCS 5/5) (from Ch. 5, par. 1005)
9 Sec. 5. Agricultural areas; creation. Any owner or
10 owners of land may submit a petition proposal to the county
11 board for the creation of an agricultural area within the
12 such county according to the following provisions:.
13 (1) An agricultural area, at the creation of the
14 any such area, shall not be at least less than 350 acres.
15 (2) The petition Such proposal shall include a
16 description of the proposed area, including its the
17 boundaries thereof.
18 (3) The Such territory shall be as compact and
19 nearly contiguous as feasible.
20 (4) An area created under this Act shall be
21 established for a period of 10 ten years.
22 (5) No land shall be included in an agricultural
23 area without the consent of the owner.
24 (6) No land within an agricultural area shall be
25 used for other than agricultural production as described
26 in Sections 3.01 and 3.02 of this Act.
27 (7) Agreements for the extraction of mineral
28 resources duly agreed upon before prior to the creation
29 of an agricultural area shall be exempted from the use
30 provisions of this Section. In addition, the extraction
31 of mineral resources conducted under pursuant to the
32 Surface Coal Mining Land Conservation and Reclamation Act
33 shall be considered temporary land use and shall be
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1 exempted from the use provisions of this Section.
2 (Source: P.A. 84-456.)
3 (505 ILCS 5/6) (from Ch. 5, par. 1006)
4 Sec. 6. Duties of the county board.
5 (a) Within 10 days after receiving Upon the receipt of
6 such a petition to create an agricultural area proposal, the
7 county board shall provide notice of the petition (i) such
8 proposal by publishing a notice in a newspaper having general
9 circulation within the proposed area or, if no such newspaper
10 has a general circulation within the proposed area then in a
11 newspaper having general circulation within the county and
12 (ii) by posting the such notice in 5 five conspicuous places
13 within the proposed area. A copy of the such notice shall be
14 sent to the county or regional planning commission for review
15 or written comment to be made to the county board within 30
16 days. Such comment shall be made to the county board.
17 The notice required to be published or posted under this
18 Section shall contain the following information:.
19 (1) 1. A statement that a petition proposal for an
20 agricultural area has been filed with the county board
21 under pursuant to this Act.;
22 (2) 2. A statement that the petition proposal will
23 be on file open to public inspection at the county
24 clerk's office.;
25 (3) 3. A statement that any landowner, owning land
26 adjacent to or partially encompassed by the proposed
27 area, may propose a modification of the area to include
28 or exclude such lands, within 30 days of the date of
29 publication of the newspaper notice. The proposed
30 modification Such application shall be made on forms
31 prescribed by the county board.;
32 (4) 4. A statement that any proposed modification
33 must be filed with the county clerk and the clerk of the
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1 county board within 30 days after the publication of the
2 newspaper such notice.;
3 (5) 5. A statement that at the termination of the
4 30-day 30 day period, the petition proposal and proposed
5 modifications will be submitted to the county committee,
6 and that a public hearing will be held on the petition
7 proposal, proposed modifications, and recommendations of
8 the county committee.
9 (b) The county board shall receive any petitions
10 proposals for modifications of the petition that such
11 proposal which may be submitted by the landowners within 30
12 days after the publication of the such notice.
13 (c) The county board shall simultaneously, upon the
14 termination of the 30-day such 30 day period, refer the
15 petition such proposal and proposed modifications to the
16 county committee, which shall, within 45 days, report to the
17 county board its recommendations concerning the petition
18 proposal and proposed modifications.
19 (Source: P.A. 81-1173.)
20 (505 ILCS 5/7) (from Ch. 5, par. 1007)
21 Sec. 7. Public hearing required.
22 (a) The Agricultural Areas Committee of the county board
23 shall hold a public hearing on any petition proposal for the
24 creation of an agricultural area. The Such hearing shall be
25 held at a place within the proposed area or a place readily
26 accessible to the proposed area.
27 (b) Notice of the hearing shall contain (i) a statement
28 of the time, date, and place of the public hearing and (ii) a
29 description of the proposed area and any proposed additions.
30 The Such notice shall in addition contain a statement that
31 the public hearing will be held concerning (i) the original
32 petition proposal, (ii) any written modifications amendments
33 proposed during the 30 day review period, and (iii) any
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1 recommendations proposed by the county committee or the
2 planning commissions. The notice shall (i) be published in a
3 newspaper having a general circulation within the proposed
4 area or if no newspaper has general circulation within the
5 proposed area, then in a newspaper having general circulation
6 within the county, and (ii) shall be given in writing to the
7 persons owning land within such a proposed area and adjacent
8 to the proposed area.
9 (Source: P.A. 91-357, eff. 7-29-99.)
10 (505 ILCS 5/8) (from Ch. 5, par. 1008)
11 Sec. 8. Factors for Consideration in formation of
12 agricultural areas.
13 (a) County boards, county committees, and planning
14 commissions shall grant a preference to the recommendations
15 of the landowners within the proposed agricultural area. The
16 following factors should also be considered by county boards,
17 county committees, or planning commissions, with respect to
18 the formation of any agricultural area:
19 (1) 1. The viability of active farming within the
20 proposed area and in areas adjacent to the proposed area.
21 thereto;
22 (2) 2. The presence of any viable farmlands within
23 the proposed area and within land adjacent to the
24 proposed area thereto that are not now in active
25 farming.;
26 (3) 3. The nature and extent of land uses other
27 than active farming within the proposed area and land
28 adjacent to the proposed area. thereto;
29 (4) 4. County developmental patterns, plans, and
30 needs.;
31 (5) 5. The existence of a conservation plan
32 approved by the local soil and water conservation
33 district.; and
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1 (6) 6. Any other matter that which may be relevant.
2 (b) In judging viability, any relevant agricultural
3 information shall be considered, including:
4 (1) Soil.,
5 (2) Climate.,
6 (3) Topography.,
7 (4) Other natural factors.,
8 (5) Markets for farm products.,
9 (6) The extent and nature of farm improvements.,
10 (7) The present status of farming.,
11 (8) Anticipated trends in agricultural economic
12 conditions and technology., and such
13 (9) Other factors as may be relevant.
14 (Source: P.A. 84-456.)
15 (505 ILCS 5/9) (from Ch. 5, par. 1009)
16 Sec. 9. Municipal notice and objections.
17 (a) If the proposed agricultural area includes real
18 estate within a 1 and one-half 1/2 mile radius from the
19 corporate limits of any municipality, the county board shall
20 notify the municipal authorities of the such affected
21 municipality of this proposed area.
22 (b) The Such municipal authorities may object to the
23 petition proposal if the such objection is presented to the
24 county board within 30 days after of the receipt of the
25 petition proposal by the municipal authorities.
26 Upon receipt of the such objection by the county board,
27 the proposed area shall be modified to exclude the real
28 estate within the 1 and one-half 1/2 mile radius of the
29 corporate limits of the such municipality, unless the
30 property in question is approved for inclusion in the
31 agricultural area by a favorable vote of three-fourths of all
32 members of the county board. In counties where the county
33 board consists of 3 members, only a two-thirds vote is
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1 required. If no objection is received within the specified
2 time period, the affected real estate shall be included in
3 the agricultural area.
4 (Source: P.A. 81-1173.)
5 (505 ILCS 5/10) (from Ch. 5, par. 1010)
6 Sec. 10. Adoption of petition plan by county board. The
7 county board, After receiving the reports of the county
8 committee and other comments, and after the such public
9 hearing, the county board may adopt as a plan the petition
10 proposal or any modification of the petition proposal it
11 deems appropriate, including the inclusion, to the extent
12 feasible, of adjacent viable farmlands, and may exclude the
13 exclusion, to the extent feasible, of non-viable farmland and
14 non-farm land. The county board shall act to adopt or reject
15 the petition proposal, or any modification of it not later
16 than 45 days from the date that the county committee's
17 recommendation on the petition proposal was submitted to it.
18 The county board shall notify the Department of Agriculture
19 of the adoption or rejection of the petition proposal and
20 shall provide the Department with a description of the
21 agricultural area within 45 days of taking the such action.
22 (Source: P.A. 84-456.)
23 (505 ILCS 5/11) (from Ch. 5, par. 1011)
24 Sec. 11. Filing Requirement that description of area
25 Agricultural Areas be filed with county clerk and recorder.
26 Upon the creation or alteration of an agricultural area, the
27 county board must file the description and the accompanying
28 board resolution or ordinance: thereof shall be filed by the
29 county board
30 (1) With the county clerk.
31 (2) Such description shall also be placed On record
32 in the office of the recorder.
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1 (Source: P.A. 84-456.)
2 (505 ILCS 5/11.5 new)
3 Sec. 11.5. Stewardship agreements. The Department of
4 Agriculture may enter into agreements with any federal or
5 State agency, other entity, or with any landowner within an
6 agricultural area or proposed agricultural area as may be
7 necessary to furnish surveys, engineering, and assistance for
8 the formation, expansion, maintenance, or renewal of
9 agricultural conservation practices. The Department of
10 Agriculture shall develop, by rule, an incentive program for
11 land stewardship that pays up to 75% of the costs of these
12 conservation practices for land that is designated or
13 proposed to be designated as an agricultural area.
14 (505 ILCS 5/12) (from Ch. 5, par. 1012)
15 Sec. 12. Petition for Withdrawal. Any person owning land
16 within an agricultural area may submit a petition to the
17 county board requesting the withdrawal of land from the
18 agricultural area located within that county. Such petition
19 must contain:
20 1. A statement indicating the proposed alternative use
21 of the land.
22 2. An explanation of the necessity for changing the
23 current use.
24 3. An explanation why land outside the agricultural area
25 would not be suitable for proposed use.
26 4. A legal description, map, and acreage of the land
27 proposed for withdrawal.
28 (Source: P.A. 81-1173.)
29 (505 ILCS 5/13) (from Ch. 5, par. 1013)
30 Sec. 13. Procedures for Consideration of Petition for
31 Withdrawal.
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1 1. Within 5 days after the receipt of a petition for
2 withdrawal of land from an agricultural area, the county
3 board shall provide notice of such petition by certified mail
4 to all record owners of property in the agricultural area and
5 by publishing a notice in a newspaper having general
6 circulation in the immediate area of the affected land or, if
7 no such newspaper has a general circulation within such area,
8 then in a newspaper having general circulation within the
9 county, and by posting such notice in 5 conspicuous places
10 within the immediate area of the affected land. Such notice
11 shall contain the following information:
12 (a) a statement that a petition for withdrawal of
13 land from an agricultural area has been filed with the
14 county board pursuant to this Act;
15 (b) a statement that the petition will be on file
16 open to public inspection at the county clerk's office;
17 (c) a brief, narrative description of the location
18 of the affected land;
19 (d) a statement of the proposed non-agricultural
20 use of the land;
21 (e) a statement that the petition will be referred
22 to the county committee and to the regional and county
23 planning commissions, if any, for review and comment;
24 (f) a statement that a public hearing will be held
25 within 60 days on the petition and on the recommendations
26 of the county committee and of the regional and county
27 planning commissions, if any, at a time and place to be
28 announced.
29 2. Within 5 days after the receipt of a petition for
30 withdrawal of land from an agricultural area, the county
31 board shall refer the petition to the county committee, which
32 shall, within 30 days of its receipt of the petition, report
33 to the county board its recommendations.
34 3. Within 5 days after the receipt of a petition for
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1 withdrawal of land from an agricultural area, the county
2 board shall refer the petition to the regional and county
3 planning commissions, if any, which shall, within 30 days of
4 their receipt of the petition, report to the county board
5 their recommendations concerning the potential effect of the
6 withdrawal of land from an agricultural area upon the
7 development patterns and needs of the county and upon the
8 county's planning objectives.
9 (Source: P.A. 81-1173.)
10 (505 ILCS 5/16) (from Ch. 5, par. 1016)
11 Sec. 16. Review of agricultural areas by county board.
12 The county board shall review any agricultural area created
13 under this Act every 10 years after the date of its creation
14 and every 8 years thereafter. In conducting the such review,
15 the county board shall:
16 (1) Grant a preference to the recommendations of
17 the landowners in the agricultural area.
18 (2) Ask for the recommendations of the county
19 committee., and shall,
20 (3) At least 120 days before the 10-year prior to
21 such date, require the Agricultural Areas Committee to
22 hold a public hearing at a place within the area or other
23 readily accessible place. The Committee must give (i)
24 upon notice being given in a newspaper having general
25 circulation within the area or if there is no such
26 newspaper, then in a newspaper having general circulation
27 within the county, and (ii) individual notice in writing
28 to the persons owning land within the area, to the
29 persons owning land adjacent to the area, and to the
30 county or regional planning commission.
31 Included in the notice to the landowners owning land in
32 the agricultural area shall be a statement that, by
33 submitting a letter to the agricultural areas committee at or
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1 prior to the public hearing, any landowner of land within the
2 agricultural area may request that his or her land be removed
3 from the agricultural area to be reviewed. The letter must
4 contain:
5 (1) a request to remove land from the agricultural
6 area;
7 (2) an affidavit that the author is the landowner
8 of the land proposed for removal from the agricultural
9 area; and
10 (3) a legal description, map, and acres proposed
11 for removal from the agricultural area.
12 The land described in the letter shall no longer be included
13 in the agricultural area.
14 The county board After receiving the landowners'
15 recommendations and the reports of the county committee and
16 after the public hearing, the county board may (i) terminate
17 the area at the end of a 10-year period such 10 or 8 year
18 periods by filing a notice of termination with the county
19 clerk, (ii) decide not to take any action, or (iii) the
20 county board may modify the area in the same manner as is
21 provided in Section 6 of this Act. If the county board does
22 not act, the area shall continue as originally constituted.
23 The county board shall notify the Department of Agriculture
24 of any alterations to an agricultural area or the termination
25 of an agricultural area within 45 days of taking the such
26 action.
27 (Source: P.A. 84-456.)
28 (505 ILCS 5/17) (from Ch. 5, par. 1017)
29 Sec. 17. Petition for dissolution. Ten years after the
30 date of creation of any agricultural area and every 10 years
31 thereafter, owners of land within the such area may petition
32 the county board to dissolve the area. The Such petition must
33 be submitted in writing to the county board during the year
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1 120 day period immediately prior to the 10th anniversary of
2 the creation of the area. If Should the petition contains
3 contain signatures of at least two-thirds of the landowners,
4 their heirs, assigns or representatives, owning at least
5 two-thirds of the land within the area, the area shall be
6 dissolved. The county board shall notify the Department of
7 Agriculture of the dissolution of any agricultural area
8 within 45 days of taking the such action.
9 (Source: P.A. 84-456.)
10 (505 ILCS 5/18) (from Ch. 5, par. 1018)
11 Sec. 18. Limitation on local regulations and on suits.
12 No local government shall exercise any of its powers to enact
13 local laws or ordinances within an agricultural area in a
14 manner that which would unreasonably restrict or regulate
15 farm structures or farming practices, including the
16 acquisition of land by annexation or eminent domain, in
17 contravention of the purposes of this Act.
18 The owners of land within the agricultural area may not
19 be subjected to a civil action for nuisance by a private
20 party. The Department of Agriculture shall give technical
21 assistance and provide other resources for owners of land
22 within an agricultural area if subjected to any other private
23 civil action. Nothing in this Act shall be construed as a
24 limitation or preemption of any statutory or regulatory
25 authority arising under subsection (a) of Section 9 of the
26 Environmental Protection Act.
27 The unless such restrictions or regulations may be
28 adopted and the nuisance suits may be allowed if bearing bear
29 a direct relationship to the public health or safety.
30 (Source: P.A. 81-1173.)
31 (505 ILCS 5/20.2) (from Ch. 5, par. 1020.2)
32 Sec. 20.2. Adding land to designated agricultural areas.
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1 Any petition proposal for adding land to a designated
2 agricultural area shall be submitted to the county board
3 which shall forward the proposal to the county committee
4 within 10 days. Within 45 days from the date the petition
5 proposal was submitted to it, the county committee shall
6 review the proposed addition and shall recommend the
7 approval, disapproval or modification of the petition
8 proposal. The county committee shall submit a report of its
9 recommendations to the county board which shall act on the
10 recommendations within 30 days. The county board shall
11 notify the Department of Agriculture of any addition of land
12 to a designated agricultural area within 45 days of taking
13 such action. Any land added to a designated agricultural area
14 under this Section shall be subject to review under Section
15 16 at the same times as the original area is subject to such
16 review. The dates for such review and the period during
17 which a petition may be filed under Section 17 shall not be
18 affected by the addition of land under this Section.
19 (Source: P.A. 84-456.)
20 Section 99. Effective date. This Act takes effect upon
21 becoming law.
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1 INDEX
2 Statutes amended in order of appearance
3 505 ILCS 5/4 from Ch. 5, par. 1004
4 505 ILCS 5/5 from Ch. 5, par. 1005
5 505 ILCS 5/6 from Ch. 5, par. 1006
6 505 ILCS 5/7 from Ch. 5, par. 1007
7 505 ILCS 5/8 from Ch. 5, par. 1008
8 505 ILCS 5/9 from Ch. 5, par. 1009
9 505 ILCS 5/10 from Ch. 5, par. 1010
10 505 ILCS 5/11 from Ch. 5, par. 1011
11 505 ILCS 5/11.5 new
12 505 ILCS 5/12 from Ch. 5, par. 1012
13 505 ILCS 5/13 from Ch. 5, par. 1013
14 505 ILCS 5/16 from Ch. 5, par. 1016
15 505 ILCS 5/17 from Ch. 5, par. 1017
16 505 ILCS 5/18 from Ch. 5, par. 1018
17 505 ILCS 5/20.2 from Ch. 5, par. 1020.2