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91_HB0060
LRB9100462PTpk
1 AN ACT concerning agriculture preservation.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Agricultural Areas Conservation and
5 Protection Act is amended by changing Sections 4, 5, 6, 7, 8,
6 9, 10, 11, 16, 17, 18, and 20.2 and adding Section 11.5 as
7 follows:
8 (505 ILCS 5/4) (from Ch. 5, par. 1004)
9 Sec. 4. Agricultural areas committee.
10 (a) A county board may establish a county agricultural
11 areas committee that which shall consist of (i) 4 four active
12 farmers, no more than 2 two of whom may shall be of the same
13 major political party, and (ii) a member of the county board.
14 (1) The committee shall select one of its members
15 to serve as chairperson chairman of the county committee.
16 (2) The Such a committee shall be established
17 whenever a petition is received by the county board for
18 the creation of an agricultural area under pursuant to
19 Section 6. A, provided that no such county committee may
20 not be established if one has already been established
21 for the such county.
22 (3) Members of the such county committee shall be
23 appointed by and shall serve at the pleasure of the
24 county appointing authority.
25 (4) The members shall serve without salary, but the
26 county board may entitle each such member to
27 reimbursement for his actual necessary expenses incurred
28 in the performance of his official duties.
29 (b) The Such committee shall advise the county board in
30 relation to the proposed establishment, modification, and
31 termination of agricultural areas. The county committee shall
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1 render expert advice relating to the desirability of such
2 action, including advice as to the nature of farming and farm
3 resources within the proposed area and the relation of
4 farming in the such area to the county as a whole.
5 (Source: P.A. 81-1173.)
6 (505 ILCS 5/5) (from Ch. 5, par. 1005)
7 Sec. 5. Agricultural areas; creation. Any owner or
8 owners of land may submit a proposal to the county board for
9 the creation of an agricultural area within the such county
10 according to the following provisions:.
11 (1) An agricultural area, at the creation of the
12 any such area, shall not be at least less than 350 acres.
13 (2) The Such proposal shall include a description
14 of the proposed area, including its the boundaries
15 thereof.
16 (3) The Such territory shall be as compact and
17 nearly contiguous as feasible.
18 (4) An area created under this Act shall be
19 established for a period of 10 ten years.
20 (5) No land shall be included in an agricultural
21 area without the consent of the owner.
22 (6) No land within an agricultural area shall be
23 used for other than agricultural production as described
24 in Sections 3.01 and 3.02 of this Act.
25 (7) Agreements for the extraction of mineral
26 resources duly agreed upon before prior to the creation
27 of an agricultural area shall be exempted from the use
28 provisions of this Section. In addition, the extraction
29 of mineral resources conducted under pursuant to the
30 Surface Coal Mining Land Conservation and Reclamation Act
31 shall be considered temporary land use and shall be
32 exempted from the use provisions of this Section.
33 (Source: P.A. 84-456.)
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1 (505 ILCS 5/6) (from Ch. 5, par. 1006)
2 Sec. 6. Duties of the county board.
3 (a) Upon the receipt of such a proposal to create an
4 agricultural area, the county board shall provide notice of
5 the such proposal (i) by publishing a notice in a newspaper
6 having general circulation within the proposed area or, if no
7 such newspaper has a general circulation within the proposed
8 area then in a newspaper having general circulation within
9 the county and (ii) by posting the such notice in 5 five
10 conspicuous places within the proposed area. A copy of the
11 such notice shall be sent to the county or regional planning
12 commission for review or comment to be made to the county
13 board within 30 days. Such comment shall be made to the
14 county board.
15 The notice required to be published or posted under this
16 Section shall contain the following information:.
17 (1) 1. A statement that a proposal for an
18 agricultural area has been filed with the county board
19 under pursuant to this Act.;
20 (2) 2. A statement that the proposal will be on
21 file open to public inspection at the county clerk's
22 office.;
23 (3) 3. A statement that any landowner, owning land
24 adjacent to or partially encompassed by the proposed area
25 , may propose a modification of the area to include or
26 exclude such lands, within 30 days of the date of
27 publication of notice. The Such application shall be made
28 on forms prescribed by the county board.;
29 (4) 4. A statement that any proposed modification
30 must be filed with the county clerk and the clerk of the
31 county board within 30 days after the publication of the
32 such notice.;
33 (5) 5. A statement that at the termination of the
34 30 day period, the proposal and proposed modifications
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1 will be submitted to the county committee, and that a
2 public hearing will be held on the proposal, proposed
3 modifications, and recommendations of the county
4 committee.
5 (b) The county board shall receive any proposals for
6 modifications of the such proposal that which may be
7 submitted by the landowners within 30 days after the
8 publication of the such notice.
9 (c) The county board shall simultaneously, upon the
10 termination of the such 30 day period, refer the such
11 proposal and proposed modifications to the county committee
12 that, which shall, within 45 days, report to the county board
13 its recommendations concerning the proposal and proposed
14 modifications.
15 (Source: P.A. 81-1173.)
16 (505 ILCS 5/7) (from Ch. 5, par. 1007)
17 Sec. 7. Public hearing required.
18 (a) The Agricultural Areas Committee of the county board
19 shall hold a public hearing on any proposal for the creation
20 of an agricultural area. The Such hearing shall be held at a
21 place within the proposed area or a place readily accessible
22 to the proposed area.
23 (b) Notice of the hearing shall contain (i) a statement
24 of the time, date, and place of the public hearing and (ii) a
25 description of the proposed area and any proposed additions.
26 The Such notice shall in addition contain a statement
27 that the public hearing will be he held concerning (i) the
28 original proposal, (ii) any written amendments proposed
29 during the 30 day review period, and (iii) any
30 recommendations proposed by the county committee or the
31 planning commissions.
32 The notice shall (i) be published in a newspaper having a
33 general circulation within the proposed area or if no
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1 newspaper has general circulation within the proposed area,
2 then in a newspaper having general circulation within the
3 county, and (ii) shall be given in writing to the persons
4 owning land within such a proposed area.
5 (Source: P.A. 81-1173.)
6 (505 ILCS 5/8) (from Ch. 5, par. 1008)
7 Sec. 8. Factors for Consideration in formation of
8 agricultural areas.
9 (a) County boards, county committees, and planning
10 commissions shall grant a preference to the recommendations
11 of the landowners within the proposed agricultural area. The
12 following factors should also be considered by county boards,
13 county committees, or planning commissions, with respect to
14 the formation of any agricultural area:
15 (1) 1. The viability of active farming within the
16 proposed area and in areas adjacent to the proposed area.
17 thereto;
18 (2) 2. The presence of any viable farmlands within
19 the proposed area and within land adjacent to the
20 proposed area thereto that are not now in active farming.
21 ;
22 (3) 3. The nature and extent of land uses other
23 than active farming within the proposed area and land
24 adjacent to the proposed area. thereto;
25 (4) 4. County developmental patterns and needs.;
26 (5) 5. The existence of a conservation plan
27 approved by the local soil and water conservation
28 district.; and
29 (6) 6. Any other matter that which may be relevant.
30 (b) In judging viability, any relevant agricultural
31 information shall be considered, including:
32 (1) Soil.,
33 (2) Climate.,
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1 (3) Topography.,
2 (4) Other natural factors.,
3 (5) Markets for farm products.,
4 (6) The extent and nature of farm improvements.,
5 (7) The present status of farming.,
6 (8) Anticipated trends in agricultural economic
7 conditions and technology., and such
8 (9) Other factors as may be relevant.
9 (Source: P.A. 84-456.)
10 (505 ILCS 5/9) (from Ch. 5, par. 1009)
11 Sec. 9. Municipal notice and objections.
12 (a) If the proposed agricultural area includes real
13 estate within a 1 and one-half 1/2 mile radius from the
14 corporate limits of any municipality, the county board shall
15 notify the municipal authorities of the such affected
16 municipality of this proposed area.
17 (b) The Such municipal authorities may object to the
18 proposal if the such objection is presented to the county
19 board within 30 days of the receipt of the proposal by the
20 municipal authorities.
21 Upon receipt of the such objection by the county board,
22 the proposed area shall be modified to exclude the real
23 estate within the 1 and one-half 1/2 mile radius of the
24 corporate limits of the such municipality. If no objection
25 is received within the specified time period, the affected
26 real estate shall be included in the agricultural area.
27 (Source: P.A. 81-1173.)
28 (505 ILCS 5/10) (from Ch. 5, par. 1010)
29 Sec. 10. Adoption of plan by county board. The county
30 board, After receiving the reports of the county committee
31 and other comments, and after the such public hearing, the
32 county board may adopt as a plan the proposal or any
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1 modification of the proposal it deems appropriate. The
2 proposal may include, including the inclusion, to the extent
3 feasible, of adjacent viable farmlands, and may exclude the
4 exclusion, to the extent feasible, of non-viable farmland and
5 non-farm land. The county board shall act to adopt or reject
6 the proposal, or any modification of it not later than 45
7 days from the date that the county committee's recommendation
8 on the proposal was submitted to it. The county board shall
9 notify the Department of Agriculture of the adoption or
10 rejection of the proposal and shall provide the Department
11 with a description of the agricultural area within 45 days of
12 taking the such action.
13 (Source: P.A. 84-456.)
14 (505 ILCS 5/11) (from Ch. 5, par. 1011)
15 Sec. 11. Filing Requirement that description of area
16 Agricultural Areas be filed with county clerk and recorder.
17 Upon the creation or alteration of an agricultural area, the
18 county board must file the description and the accompanying
19 board resolution or ordinance: thereof shall be filed by the
20 county board
21 (1) With the county clerk.
22 (2) Such description shall also be placed On record
23 in the office of the recorder.
24 (Source: P.A. 84-456.)
25 (505 ILCS 5/11.5 new)
26 Sec. 11.5. Stewardship agreements. The Department of
27 Agriculture may enter into agreements with any federal or
28 State agency, other entity, or with any landowner within an
29 agricultural area or proposed agricultural area as may be
30 necessary to furnish surveys, engineering, and assistance for
31 the formation, expansion, maintenance, or renewal of
32 agricultural areas. The Department of Agriculture must
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1 develop, by rule, an incentive program for land stewardship
2 that pays up to 75% of the costs of these agreements for land
3 that is designated or proposed to be designated as an
4 agricultural area.
5 (505 ILCS 5/16) (from Ch. 5, par. 1016)
6 Sec. 16. Review of agricultural areas by county board.
7 The county board shall review any agricultural area created
8 under this Act every 10 years after the date of its creation
9 and every 8 years thereafter. In conducting the such review,
10 the county board shall:
11 (1) Grant a preference to the recommendations of
12 the landowners in the agricultural area.
13 (2) Ask for the recommendations of the county
14 committee., and shall,
15 (3) At least 120 days before the 10-year prior to
16 such date, require the Agricultural Areas Committee to
17 hold a public hearing at a place within the area or other
18 readily accessible place. The Committee must give (i)
19 upon notice being given in a newspaper having general
20 circulation within the area or if there is no such
21 newspaper, then in a newspaper having general circulation
22 within the county, and (ii) individual notice in writing
23 to the persons owning land within the area, and to the
24 county or regional planning commission.
25 The county board After receiving the landowners'
26 recommendations and the reports of the county committee and
27 after the public hearing, the county board may (i) terminate
28 the area at the end of a such 10 or 8 year period periods by
29 filing a notice of termination with the county clerk, (ii)
30 decide not to take any action, or (iii) the county board may
31 modify the area in the same manner as is provided in Section
32 6 of this Act. If the county board does not act, the area
33 shall continue as originally constituted. The county board
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1 shall notify the Department of Agriculture of any alterations
2 to an agricultural area or the termination of an agricultural
3 area within 45 days of taking the such action.
4 (Source: P.A. 84-456.)
5 (505 ILCS 5/17) (from Ch. 5, par. 1017)
6 Sec. 17. Petition for dissolution. Ten years after the
7 date of creation of any agricultural area, owners of land
8 within the such area may petition the county board to
9 dissolve the area. The Such petition must be submitted in
10 writing to the county board during the year 120 day period
11 immediately prior to the 10th anniversary of the creation of
12 the area. If Should the petition contains contain signatures
13 of at least a majority two-thirds of the landowners, their
14 heirs, assigns or representatives, owning land within the
15 area, the area shall be dissolved. The county board shall
16 notify the Department of Agriculture of the dissolution of
17 any agricultural area within 45 days of taking the such
18 action.
19 (Source: P.A. 84-456.)
20 (505 ILCS 5/18) (from Ch. 5, par. 1018)
21 Sec. 18. Limitation on local regulations and on suits. No
22 local government shall exercise any of its powers to enact
23 local laws or ordinances within an agricultural area in a
24 manner that which would unreasonably restrict or regulate
25 farm structures or farming practices, including the
26 acquisition of land by annexation or eminent domain, in
27 contravention of the purposes of this Act.
28 The owners of land within the agricultural area may not
29 be subjected to a civil action for nuisance by a public or
30 private party based on the designation or maintenance of the
31 land as an agricultural area.
32 The unless such restrictions or regulations may be
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1 adopted and the nuisance suits may be allowed if bearing bear
2 Any proposal for adding land to a designated
9 agricultural area shall be submitted to the county board.
10 (2) The county board which shall forward the
11 proposal to the county committee within 10 days.
12 (3) Within 45 days from the date the proposal was
13 submitted to it, the county committee shall review the
14 proposed addition and shall recommend the approval,
15 disapproval, or modification of the proposal.
16 (4) The county committee shall submit a report of
17 its recommendations to the county board.
18 (5) The county board must then which shall act on
19 the recommendations within 30 days.
20 (6) The county board shall notify the Department of
21 Agriculture of any addition of land to a designated
22 agricultural area within 45 days of taking the such
23 action.
24 Any land added to a designated agricultural area under
25 this Section shall be subject to review under Section 16 at
26 the same times as the original area is subject to such
27 review. The dates for such review and the period during
28 which a petition may be filed under Section 17 may shall not
29 be affected by the addition of land under this Section.
30 (Source: P.A. 84-456.)
31 Section 10. The Farmland Preservation Act is amended by
32 changing Sections 2, 4, and 5 as follows:
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1 (505 ILCS 75/2) (from Ch. 5, par. 1302)
2 Sec. 2. Legislative findings and intent. The natural
3 resources of Illinois, including land, minerals, water, and
4 air, are both finite and fragile. In the absence of wise use
5 and consistent management practices, these resources are
6 threatened by irreversible damage or loss. Protection of the
7 State's natural resources is essential to guard the public
8 health, safety, and welfare, and to assure an adequate
9 natural resource supply and quality for use and enjoyment by
10 future generations.
11 Since World War II, the amount of Illinois land dedicated
12 to agriculture has steadily declined at a an average rate of
13 more than approximately 100,000 acres per year. This
14 substantial loss of farmlands is the equivalent of more than
15 10 eight average-sized Illinois counties. If this trend
16 continues, the State will lose the equivalent of several
17 another five or six counties each by the end of the century.
18 The conversion and loss of agricultural land has
19 diminished Illinois' cropland base and affects environmental
20 quality. The supply of land most suitable for farming is
21 finite, and prime farmland is an irreplaceable natural
22 resource. Conversion of this land to urban development and
23 other non-farm uses reduces future food production capability
24 and may ultimately undermine agriculture as a major economic
25 activity in Illinois. With less prime farmland available
26 there will tend to be greater reliance on marginally
27 productive land, resulting in greater soil erosion, increased
28 fertilizer requirements, and increased environmental damage.
29 Loss of agricultural land can also reduce the beneficial role
30 that which the land itself can play. Agricultural land
31 reduces runoff by absorbing precipitation, aiding aids in
32 replenishing groundwater supplies, and buffering can buffer
33 environmentally sensitive areas from encroaching development.
34 The importance of preserving our agricultural land base
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1 has been recognized by the Illinois Rural Planning Council,
2 the Task Force on the Future of Illinois, and in the State's
3 "Comprehensive Growth and Resource Conservation Policies."
4 Each of these efforts recommends that the State minimize the
5 conversion of prime farmland that results from the direct or
6 indirect effects of State programs and also encourages the
7 achievement of related goals, such as reducing the loss of
8 soil through erosion.
9 (Source: P.A. 82-945.)
10 (505 ILCS 75/4) (from Ch. 5, par. 1304)
11 Sec. 4. Policy statements and working agreements. The
12 Inter-Agency Committee on Farmland Preservation shall prepare
13 policy statements and working agreements for each of the
14 agencies named in Section 3 of this Act specifying the policy
15 of that agency toward farmland preservation and the
16 administrative process used to implement that policy. The
17 policy statements and working agreements shall be prepared as
18 rules for the administration of the program. The policy
19 statement shall include, but not be limited to, an analysis
20 of the impact of agricultural land conversions attributed to
21 the agency's programs, regulations, procedures, and
22 operations. The policy statement shall also detail measures
23 that can be implemented to mitigate conversions to the
24 maximum extent practicable, including measures to eliminate
25 the conversion of prime farmland.
26 For the purposes of this Act, "prime farmland" means the
27 available land that is best suited for producing food,
28 forage, fiber, and oilseed crops. The land may presently be
29 in cropland, pasture land, forest land, or other uses except
30 that urban or built up areas and water areas are not
31 included. Prime farmland has the soil qualities and moisture
32 supply to produce sustained high yields of crops when
33 adequately treated and managed. The land must also be
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1 geographically located so that an adequate growing season
2 exists for crop production. The identification of prime
3 farmland is entirely related to these soil characteristics
4 and other physical criteria as further detailed by the
5 Department of Agriculture.
6 The State Agency policy statements and working agreements
7 on farmland preservation shall be (i) submitted to the
8 Governor and the General Assembly, (ii) and shall be updated
9 by the State agency, and (iii) reviewed and approved by the
10 Department of Agriculture, every 3 years. State agency
11 policy statements and working agreements prepared in response
12 to Executive Order Number 4 on the Preservation of Farmland
13 and submitted to the Governor shall remain in effect upon
14 this Act becoming law.
15 (Source: P.A. 82-945.)
16 (505 ILCS 75/5) (from Ch. 5, par. 1305)
17 Sec. 5. Project notice; compliance; impact study.
18 (a) Except as provided in the working agreement between
19 the Director of Agriculture and each State agency listed in
20 Section 3 of this Act, when any State agency participates in
21 a State funded capital project that which will, directly or
22 indirectly, lead to conversion of farmland to nonagricultural
23 purposes, the agency shall deliver written notification of
24 the project to the Director of the Department of Agriculture.
25 The agency notification must include an alternate plan for
26 the project that minimize or eliminates the use and
27 conversion of prime farmland.
28 (b) The Director of Agriculture shall determine whether
29 the project is in compliance with the agency's policy
30 statements and working agreements on farmland preservation
31 and shall conduct a study of the agricultural impacts if the
32 project is not in compliance. If the project is not in
33 compliance, the agency participating in the project must
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1 cooperate with the Department of Agriculture to make the
2 project conform with the agency's policy statements and
3 working agreements. If the agency and the Director of
4 Agriculture do not agree on the project's compliance, then
5 the conflict will be resolved under conflict resolution
6 procedures established by the Inter-Agency Committee on
7 Farmland Preservation.
8 No agency may commit State funds for land acquisition or
9 construction (i) unless it is provided for in an exception
10 contained in that agency's working agreement, (ii) unless the
11 Director of Agriculture determines that the project complies
12 with the agency's policy statements and working agreement, or
13 (iii) until the study of agricultural impacts has been
14 completed and determined to be in compliance by the
15 Department of Agriculture.
16 If the Director of Agriculture determines that a study of
17 the agricultural impacts is necessary, the Department of
18 Agriculture shall complete the study within 30 days of
19 written notification by a State agency that it is considering
20 a project that which will result in conversion of farmland to
21 a nonagricultural purpose. If the study is not completed
22 within 30 days that agency may proceed with its intended
23 action without the benefit of the study.
24 A copy of any study of agricultural impacts made under
25 pursuant to this Section shall be submitted (i) to the
26 Governor, (ii) to the President and Minority Leader of the
27 Senate and the Speaker and Minority Leader of the House of
28 Representatives, (iii) to the Director of each State agency
29 participating in the project, and (iv) to each member of the
30 Inter-Agency Committee on Farmland Preservation.
31 (Source: P.A. 82-945.)
32 Section 99. Effective date. This Act takes effect upon
33 becoming law.