104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB1709

 

Introduced 1/28/2025, by Rep. Kam Buckner

 

SYNOPSIS AS INTRODUCED:
 
New Act

    Creates the Local Accessory Dwelling Unit Act. Defines terms. Provides that a unit of local government may not prohibit the building or usage of accessory dwelling units in the unit of local government. Provides that a unit of local government may provide reasonable regulations relating to the size and location of accessory dwelling units similar to other accessory structures unless a regulation would have the effect of prohibiting accessory dwelling units. Limits home rule powers. Effective immediately.


LRB104 08748 RTM 18802 b

 

 

A BILL FOR

 

HB1709LRB104 08748 RTM 18802 b

1    AN ACT concerning local government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the Local
5Accessory Dwelling Unit Act.
 
6    Section 5. Definitions. As used in this Act:
7    "Accessory dwelling unit" means an attached or detached
8residential dwelling unit that provides complete independent
9living facilities for one or more persons, is located on a lot
10with a proposed or existing primary residence, and includes
11permanent provisions for living, sleeping, eating, cooking,
12and sanitation on the same parcel as the single-family or
13multifamily dwelling it is or will be situated. "Accessory
14dwelling unit" includes, but is not limited to:
15        (1) An efficiency unit.
16        (2) A manufactured home, as that term is defined in
17    paragraph (53) of subsection (a) of Section 9-102 of the
18    Uniform Commercial Code.
19    "Efficiency unit" means a unit for occupancy by no more
20than 2 persons which has a minimum floor area of 150 square
21feet and may also have a partial kitchen or bathroom
22facilities.
 

 

 

HB1709- 2 -LRB104 08748 RTM 18802 b

1    Section 10. Regulation of accessory dwelling units.
2    (a) A unit of local government may not prohibit the
3building or usage of accessory dwelling units in the unit of
4local government.
5    (b) A unit of local government may provide reasonable
6regulations relating to the size and location of accessory
7dwelling units similar to other accessory structures unless a
8regulation would have the effect of prohibiting accessory
9dwelling units.
 
10    Section 15. Home rule. A home rule unit may not regulate
11accessory dwelling units in a manner inconsistent with this
12Act. This Act is a limitation under subsection (i) of Section 6
13of Article VII of the Illinois Constitution on the concurrent
14exercise by home rule units of powers and functions exercised
15by the State.
 
16    Section 99. Effective date. This Act takes effect upon
17becoming law.