State of Illinois
91st General Assembly
Legislation

   [ Search ]   [ Legislation ]
[ Home ]   [ Back ]   [ Bottom ]

91_HB0060eng

 
HB0060 Engrossed                               LRB9100462PTpk

 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
 
HB0060 Engrossed            -2-                LRB9100462PTpk
 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
 
HB0060 Engrossed            -3-                LRB9100462PTpk
 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 area
27        ,  may  propose  a modification of the area to include or
28        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
 
HB0060 Engrossed            -4-                LRB9100462PTpk
 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  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  such  30 day period, refer the petition
15    such  proposal  and  proposed  modifications  to  the  county
16    committee that, 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
31    that  the  public  hearing will be he held concerning (i) the
32    original petition proposal, (ii)  any  written  modifications
33    amendments  proposed  during  the  30  day review period, and
 
HB0060 Engrossed            -5-                LRB9100462PTpk
 1    (iii) any recommendations proposed by the county committee or
 2    the planning commissions.
 3        The notice shall (i) be published in a newspaper having a
 4    general  circulation  within  the  proposed  area  or  if  no
 5    newspaper has general circulation within the  proposed  area,
 6    then  in  a  newspaper  having general circulation within the
 7    county, and (ii) shall be given in  writing  to  the  persons
 8    owning  land  within such a proposed area and adjacent to the
 9    proposed area.
10    (Source: P.A. 81-1173; revised 12-23-98.)

11        (505 ILCS 5/8) (from Ch. 5, par. 1008)
12        Sec.  8.  Factors  for  Consideration  in  formation   of
13    agricultural areas.
14        (a)  County   boards,  county  committees,  and  planning
15    commissions shall grant a preference to  the  recommendations
16    of  the landowners within the proposed agricultural area. The
17    following factors should also be considered by county boards,
18    county committees, or planning commissions, with  respect  to
19    the formation of any agricultural area:
20             (1)  1.   The viability of active farming within the
21        proposed area and in areas adjacent to the proposed area.
22         thereto;
23             (2) 2.  The presence of any viable farmlands  within
24        the  proposed  area  and  within  land  adjacent  to  the
25        proposed area thereto that are not now in active farming.
26        ;
27             (3)  3.   The  nature  and extent of land uses other
28        than active farming within the  proposed  area  and  land
29        adjacent to the proposed area. thereto;
30             (4)  4.   County  developmental patterns, plans, and
31        needs.;
32             (5)  5.  The  existence  of  a   conservation   plan
33        approved   by  the  local  soil  and  water  conservation
 
HB0060 Engrossed            -6-                LRB9100462PTpk
 1        district.; and
 2             (6) 6.  Any other matter that which may be relevant.
 3        (b)  In  judging  viability,  any  relevant  agricultural
 4    information shall be considered, including:
 5             (1)  Soil.,
 6             (2)  Climate.,
 7             (3)  Topography.,
 8             (4)  Other natural factors.,
 9             (5)  Markets for farm products.,
10             (6)  The extent and nature of farm improvements.,
11             (7)  The present status of farming.,
12             (8)  Anticipated  trends  in  agricultural  economic
13        conditions and technology., and such
14             (9)  Other factors as may be relevant.
15    (Source: P.A. 84-456.)

16        (505 ILCS 5/9) (from Ch. 5, par. 1009)
17        Sec. 9.  Municipal notice and objections.
18        (a)  If the  proposed  agricultural  area  includes  real
19    estate  within  a  1  and  one-half  1/2 mile radius from the
20    corporate limits of any municipality, the county board  shall
21    notify   the  municipal  authorities  of  the  such  affected
22    municipality of this proposed area.
23        (b)  The Such municipal authorities  may  object  to  the
24    petition  proposal  if the such objection is presented to the
25    county board within 30 days of the receipt  of  the  petition
26    proposal by the municipal authorities.
27        Upon  receipt  of the such objection by the county board,
28    the proposed area shall  be  modified  to  exclude  the  real
29    estate  within  the  1  and  one-half  1/2 mile radius of the
30    corporate  limits  of  the  such  municipality,  unless   the
31    property  in  question  is  approved  for  inclusion  in  the
32    agricultural area by a favorable vote of three-fourths of all
33    members  of  the  county board.  In counties where the county
 
HB0060 Engrossed            -7-                LRB9100462PTpk
 1    board consists of  3  members,  only  a  two-thirds  vote  is
 2    required.   If  no objection is received within the specified
 3    time period, the affected real estate shall  be  included  in
 4    the agricultural area.
 5    (Source: P.A. 81-1173.)

 6        (505 ILCS 5/10) (from Ch. 5, par. 1010)
 7        Sec.  10.  Adoption of petition plan by county board. The
 8    county board, After  receiving  the  reports  of  the  county
 9    committee  and  other  comments,  and  after  the such public
10    hearing, the county board may adopt as a  plan  the  petition
11    proposal  or  any  modification  of  the petition proposal it
12    deems appropriate, including the  inclusion,  to  the  extent
13    feasible,  of  adjacent viable farmlands, and may exclude the
14    exclusion, to the extent feasible, of non-viable farmland and
15    non-farm land. The county board shall act to adopt or  reject
16    the  petition  proposal,  or any modification of it not later
17    than 45 days  from  the  date  that  the  county  committee's
18    recommendation  on the petition proposal was submitted to it.
19    The county board shall notify the Department  of  Agriculture
20    of  the  adoption  or  rejection of the petition proposal and
21    shall provide  the  Department  with  a  description  of  the
22    agricultural area within 45 days of taking the such action.
23    (Source: P.A. 84-456.)

24        (505 ILCS 5/11) (from Ch. 5, par. 1011)
25        Sec.  11.  Filing  Requirement  that  description of area
26    Agricultural Areas be filed with county clerk  and  recorder.
27    Upon the creation or alteration of an agricultural area, the
28    county  board  must file the description and the accompanying
29    board resolution or ordinance: thereof shall be filed by  the
30    county board
31             (1)  With the county clerk.
32             (2)  Such description shall also be placed On record
 
HB0060 Engrossed            -8-                LRB9100462PTpk
 1        in the office of the recorder.
 2    (Source: P.A. 84-456.)

 3        (505 ILCS 5/11.5 new)
 4        Sec.  11.5.  Stewardship  agreements.   The Department of
 5    Agriculture may enter into agreements  with  any  federal  or
 6    State  agency,  other entity, or with any landowner within an
 7    agricultural area or proposed agricultural  area  as  may  be
 8    necessary to furnish surveys, engineering, and assistance for
 9    the   formation,   expansion,   maintenance,  or  renewal  of
10    agricultural  conservation  practices.   The  Department   of
11    Agriculture  shall develop, by rule, an incentive program for
12    land stewardship that pays up to 75% of the  costs  of  these
13    conservation   practices  for  land  that  is  designated  or
14    proposed to be designated as an agricultural area.

15        (505 ILCS 5/12) (from Ch. 5, par. 1012)
16        Sec. 12. Petition for Withdrawal. Any person owning  land
17    within  an  agricultural  area  may  submit a petition to the
18    county board requesting  the  withdrawal  of  land  from  the
19    agricultural  area  located within that county. Such petition
20    must contain:
21        1.  A statement indicating the proposed  alternative  use
22    of the land.
23        2.  An  explanation  of  the  necessity  for changing the
24    current use.
25        3.  An explanation why land outside the agricultural area
26    would not be suitable for proposed use.
27        4.  A legal description, map, and  acreage  of  the  land
28    proposed for withdrawal.
29    (Source: P.A. 81-1173.)

30        (505 ILCS 5/13) (from Ch. 5, par. 1013)
31        Sec.  13.  Procedures  for  Consideration of Petition for
 
HB0060 Engrossed            -9-                LRB9100462PTpk
 1    Withdrawal.
 2        1. Within 5 days after the  receipt  of  a  petition  for
 3    withdrawal  of  land  from  an  agricultural area, the county
 4    board shall provide notice of such petition by certified mail
 5    to all record owners of property in the agricultural area and
 6     by  publishing  a  notice  in  a  newspaper  having  general
 7    circulation in the immediate area of the affected land or, if
 8    no such newspaper has a general circulation within such area,
 9    then  in  a  newspaper  having general circulation within the
10    county, and by posting such notice in  5  conspicuous  places
11    within  the  immediate area of the affected land. Such notice
12    shall contain the following information:
13             (a)  a statement that a petition for  withdrawal  of
14        land  from  an  agricultural area has been filed with the
15        county board pursuant to this Act;
16             (b)  a statement that the petition will be  on  file
17        open to public inspection at the county clerk's office;
18             (c)  a  brief, narrative description of the location
19        of the affected land;
20             (d)  a statement of  the  proposed  non-agricultural
21        use of the land;
22             (e)  a  statement that the petition will be referred
23        to the county committee and to the  regional  and  county
24        planning commissions, if any, for review and comment;
25             (f)  a  statement that a public hearing will be held
26        within 60 days on the petition and on the recommendations
27        of the county committee and of the  regional  and  county
28        planning  commissions,  if any, at a time and place to be
29        announced.
30        2.  Within 5 days after the receipt  of  a  petition  for
31    withdrawal  of  land  from  an  agricultural area, the county
32    board shall refer the petition to the county committee, which
33    shall, within 30 days of its receipt of the petition,  report
34    to the county board its recommendations.
 
HB0060 Engrossed            -10-               LRB9100462PTpk
 1        3.  Within  5  days  after  the receipt of a petition for
 2    withdrawal of land from  an  agricultural  area,  the  county
 3    board  shall  refer  the  petition to the regional and county
 4    planning commissions, if any, which shall, within 30 days  of
 5    their  receipt  of  the  petition, report to the county board
 6    their recommendations concerning the potential effect of  the
 7    withdrawal  of  land  from  an  agricultural  area  upon  the
 8    development  patterns  and  needs  of the county and upon the
 9    county's planning objectives.
10    (Source: P.A. 81-1173.)

11        (505 ILCS 5/16) (from Ch. 5, par. 1016)
12        Sec. 16.  Review of agricultural areas by  county  board.
13    The  county  board shall review any agricultural area created
14    under this Act every 10 years after the date of its creation
15    and every 8 years thereafter. In conducting the such  review,
16    the county board shall:
17             (1)  Grant  a  preference  to the recommendations of
18        the landowners in the agricultural area.
19             (2)  Ask  for  the  recommendations  of  the  county
20        committee., and shall,
21             (3)  At least 120 days before the 10-year  prior  to
22        such  date,  require  the Agricultural Areas Committee to
23        hold a public hearing at a place within the area or other
24        readily accessible place.  The Committee  must  give  (i)
25        upon  notice  being  given  in a newspaper having general
26        circulation within the  area  or  if  there  is  no  such
27        newspaper, then in a newspaper having general circulation
28        within  the county, and (ii) individual notice in writing
29        to the persons  owning  land  within  the  area,  to  the
30        persons  owning  land  adjacent  to  the area, and to the
31        county or regional planning commission.
32        Included in the notice to the landowners owning  land  in
33    the   agricultural   area  shall  be  a  statement  that,  by
 
HB0060 Engrossed            -11-               LRB9100462PTpk
 1    submitting a letter to the agricultural areas committee at or
 2    prior to the public hearing, any landowner of land within the
 3    agricultural area may request that his or her land be removed
 4    from the agricultural area to be reviewed.  The  letter  must
 5    contain:
 6             (1)  a  request to remove land from the agricultural
 7        area;
 8             (2)  an affidavit that the author is  the  landowner
 9        of  the  land  proposed for removal from the agricultural
10        area; and
11             (3)  a legal description, map,  and  acres  proposed
12        for removal from the agricultural area.
13    The  land described in the letter shall no longer be included
14    in the agricultural area.
15        The  county  board  After   receiving   the   landowners'
16    recommendations  and  the reports of the county committee and
17    after the public hearing, the county board may (i)  terminate
18    the  area at the end of a such 10 or 8 year period periods by
19    filing a notice of termination with the  county  clerk,  (ii)
20    decide  not to take any action, or (iii) the county board may
21    modify the area in the same manner as is provided in  Section
22    6  of  this  Act.  If the county board does not act, the area
23    shall continue as originally constituted.  The  county  board
24    shall notify the Department of Agriculture of any alterations
25    to an agricultural area or the termination of an agricultural
26    area within 45 days of taking the such 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
 
HB0060 Engrossed            -12-               LRB9100462PTpk
 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. No
12    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.
 
HB0060 Engrossed            -13-               LRB9100462PTpk
 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.

[ Top ]