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91_HB0060ham003
LRB9100462PTpkam05
1 AMENDMENT TO HOUSE BILL 60
2 AMENDMENT NO. . Amend House Bill 60, AS AMENDED, by
3 replacing the title with the following:
4 "AN ACT to amend the Agricultural Areas Conservation and
5 Protection Act."; and
6 by replacing everything after the enacting clause with the
7 following:
8 "Section 5. The Agricultural Areas Conservation and
9 Protection Act is amended by changing Sections 4, 5, 6, 7, 8,
10 9, 10, 11, 12, 13, 16, 17, 18, and 20.2 and adding Section
11 11.5 as follows:
12 (505 ILCS 5/4) (from Ch. 5, par. 1004)
13 Sec. 4. Agricultural areas committee.
14 (a) A county board shall may establish a county
15 agricultural areas committee that which shall consist of (i)
16 4 four active farmers, no more than 2 two of whom shall be of
17 the same major political party, and (ii) a member of the
18 county board.
19 (1) The committee shall select one of its members
20 to serve as chairperson chairman of the county committee.
21 (2) The Such a committee shall be established
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1 whenever a petition is received by the county board for
2 the creation of an agricultural area under pursuant to
3 Section 6. A, provided that no such county committee may
4 not be established if one has already been established
5 for the such county.
6 (3) Members of the such county committee shall be
7 appointed by and shall serve at the pleasure of the
8 county appointing authority.
9 (4) The members shall serve without salary, but the
10 county board may entitle each such member to
11 reimbursement for his actual necessary expenses incurred
12 in the performance of his official duties.
13 (b) The Such committee shall advise the county board in
14 relation to the proposed establishment, modification, and
15 termination of agricultural areas. The county committee shall
16 render expert advice relating to the desirability of such
17 action, including advice as to the nature of farming and farm
18 resources within the proposed area and the relation of
19 farming in the such area to the county as a whole.
20 (Source: P.A. 81-1173.)
21 (505 ILCS 5/5) (from Ch. 5, par. 1005)
22 Sec. 5. Agricultural areas; creation. Any owner or
23 owners of land may submit a petition proposal to the county
24 board for the creation of an agricultural area within the
25 such county according to the following provisions:.
26 (1) An agricultural area, at the creation of the
27 any such area, shall not be at least less than 350 acres.
28 (2) The petition Such proposal shall include a
29 description of the proposed area, including its the
30 boundaries thereof.
31 (3) The Such territory shall be as compact and
32 nearly contiguous as feasible.
33 (4) An area created under this Act shall be
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1 established for a period of 10 ten years.
2 (5) No land shall be included in an agricultural
3 area without the consent of the owner.
4 (6) No land within an agricultural area shall be
5 used for other than agricultural production as described
6 in Sections 3.01 and 3.02 of this Act.
7 (7) Agreements for the extraction of mineral
8 resources duly agreed upon before prior to the creation
9 of an agricultural area shall be exempted from the use
10 provisions of this Section. In addition, the extraction
11 of mineral resources conducted under pursuant to the
12 Surface Coal Mining Land Conservation and Reclamation Act
13 shall be considered temporary land use and shall be
14 exempted from the use provisions of this Section.
15 (Source: P.A. 84-456.)
16 (505 ILCS 5/6) (from Ch. 5, par. 1006)
17 Sec. 6. Duties of the county board.
18 (a) Within 10 days after receiving Upon the receipt of
19 such a petition to create an agricultural area proposal, the
20 county board shall provide notice of the petition (i) such
21 proposal by publishing a notice in a newspaper having general
22 circulation within the proposed area or, if no such newspaper
23 has a general circulation within the proposed area then in a
24 newspaper having general circulation within the county and
25 (ii) by posting the such notice in 5 five conspicuous places
26 within the proposed area. A copy of the such notice shall be
27 sent to the county or regional planning commission for review
28 or written comment to be made to the county board within 30
29 days. Such comment shall be made to the county board.
30 The notice required to be published or posted under this
31 Section shall contain the following information:.
32 (1) 1. A statement that a petition proposal for an
33 agricultural area has been filed with the county board
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1 under pursuant to this Act.;
2 (2) 2. A statement that the petition proposal will
3 be on file open to public inspection at the county
4 clerk's office.;
5 (3) 3. A statement that any landowner, owning land
6 adjacent to or partially encompassed by the proposed area
7 , may propose a modification of the area to include or
8 exclude such lands, within 30 days of the date of
9 publication of the newspaper notice. The proposed
10 modification Such application shall be made on forms
11 prescribed by the county board.;
12 (4) 4. A statement that any proposed modification
13 must be filed with the county clerk and the clerk of the
14 county board within 30 days after the publication of the
15 newspaper such notice.;
16 (5) 5. A statement that at the termination of the
17 30 day period, the petition proposal and proposed
18 modifications will be submitted to the county committee,
19 and that a public hearing will be held on the petition
20 proposal, proposed modifications, and recommendations of
21 the county committee.
22 (b) The county board shall receive any petitions
23 proposals for modifications of the petition that such
24 proposal which may be submitted by the landowners within 30
25 days after the publication of the such notice.
26 (c) The county board shall simultaneously, upon the
27 termination of the such 30 day period, refer the petition
28 such proposal and proposed modifications to the county
29 committee that, which shall, within 45 days, report to the
30 county board its recommendations concerning the petition
31 proposal and proposed modifications.
32 (Source: P.A. 81-1173.)
33 (505 ILCS 5/7) (from Ch. 5, par. 1007)
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1 Sec. 7. Public hearing required.
2 (a) The Agricultural Areas Committee of the county board
3 shall hold a public hearing on any petition proposal for the
4 creation of an agricultural area. The Such hearing shall be
5 held at a place within the proposed area or a place readily
6 accessible to the proposed area.
7 (b) Notice of the hearing shall contain (i) a statement
8 of the time, date, and place of the public hearing and (ii) a
9 description of the proposed area and any proposed additions.
10 The Such notice shall in addition contain a statement
11 that the public hearing will be he held concerning (i) the
12 original petition proposal, (ii) any written modifications
13 amendments proposed during the 30 day review period, and
14 (iii) any recommendations proposed by the county committee or
15 the planning commissions.
16 The notice shall (i) be published in a newspaper having a
17 general circulation within the proposed area or if no
18 newspaper has general circulation within the proposed area,
19 then in a newspaper having general circulation within the
20 county, and (ii) shall be given in writing to the persons
21 owning land within such a proposed area and adjacent to the
22 proposed area.
23 (Source: P.A. 81-1173; revised 12-23-98.)
24 (505 ILCS 5/8) (from Ch. 5, par. 1008)
25 Sec. 8. Factors for Consideration in formation of
26 agricultural areas.
27 (a) County boards, county committees, and planning
28 commissions shall grant a preference to the recommendations
29 of the landowners within the proposed agricultural area. The
30 following factors should also be considered by county boards,
31 county committees, or planning commissions, with respect to
32 the formation of any agricultural area:
33 (1) 1. The viability of active farming within the
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1 proposed area and in areas adjacent to the proposed area.
2 thereto;
3 (2) 2. The presence of any viable farmlands within
4 the proposed area and within land adjacent to the
5 proposed area thereto that are not now in active farming.
6 ;
7 (3) 3. The nature and extent of land uses other
8 than active farming within the proposed area and land
9 adjacent to the proposed area. thereto;
10 (4) 4. County developmental patterns, plans, and
11 needs.;
12 (5) 5. The existence of a conservation plan
13 approved by the local soil and water conservation
14 district.; and
15 (6) 6. Any other matter that which may be relevant.
16 (b) In judging viability, any relevant agricultural
17 information shall be considered, including:
18 (1) Soil.,
19 (2) Climate.,
20 (3) Topography.,
21 (4) Other natural factors.,
22 (5) Markets for farm products.,
23 (6) The extent and nature of farm improvements.,
24 (7) The present status of farming.,
25 (8) Anticipated trends in agricultural economic
26 conditions and technology., and such
27 (9) Other factors as may be relevant.
28 (Source: P.A. 84-456.)
29 (505 ILCS 5/9) (from Ch. 5, par. 1009)
30 Sec. 9. Municipal notice and objections.
31 (a) If the proposed agricultural area includes real
32 estate within a 1 and one-half 1/2 mile radius from the
33 corporate limits of any municipality, the county board shall
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1 notify the municipal authorities of the such affected
2 municipality of this proposed area.
3 (b) The Such municipal authorities may object to the
4 petition proposal if the such objection is presented to the
5 county board within 30 days of the receipt of the petition
6 proposal by the municipal authorities.
7 Upon receipt of the such objection by the county board,
8 the proposed area shall be modified to exclude the real
9 estate within the 1 and one-half 1/2 mile radius of the
10 corporate limits of the such municipality, unless the
11 property in question is approved for inclusion in the
12 agricultural area by a favorable vote of three-fourths of all
13 members of the county board. In counties where the county
14 board consists of 3 members, only a two-thirds vote is
15 required. If no objection is received within the specified
16 time period, the affected real estate shall be included in
17 the agricultural area.
18 (Source: P.A. 81-1173.)
19 (505 ILCS 5/10) (from Ch. 5, par. 1010)
20 Sec. 10. Adoption of petition plan by county board. The
21 county board, After receiving the reports of the county
22 committee and other comments, and after the such public
23 hearing, the county board may adopt as a plan the petition
24 proposal or any modification of the petition proposal it
25 deems appropriate, including the inclusion, to the extent
26 feasible, of adjacent viable farmlands, and may exclude the
27 exclusion, to the extent feasible, of non-viable farmland and
28 non-farm land. The county board shall act to adopt or reject
29 the petition proposal, or any modification of it not later
30 than 45 days from the date that the county committee's
31 recommendation on the petition proposal was submitted to it.
32 The county board shall notify the Department of Agriculture
33 of the adoption or rejection of the petition proposal and
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1 shall provide the Department with a description of the
2 agricultural area within 45 days of taking the such action.
3 (Source: P.A. 84-456.)
4 (505 ILCS 5/11) (from Ch. 5, par. 1011)
5 Sec. 11. Filing Requirement that description of area
6 Agricultural Areas be filed with county clerk and recorder.
7 Upon the creation or alteration of an agricultural area, the
8 county board must file the description and the accompanying
9 board resolution or ordinance: thereof shall be filed by the
10 county board
11 (1) With the county clerk.
12 (2) Such description shall also be placed On record
13 in the office of the recorder.
14 (Source: P.A. 84-456.)
15 (505 ILCS 5/11.5 new)
16 Sec. 11.5. Stewardship agreements. The Department of
17 Agriculture may enter into agreements with any federal or
18 State agency, other entity, or with any landowner within an
19 agricultural area or proposed agricultural area as may be
20 necessary to furnish surveys, engineering, and assistance for
21 the formation, expansion, maintenance, or renewal of
22 agricultural conservation practices. The Department of
23 Agriculture shall develop, by rule, an incentive program for
24 land stewardship that pays up to 75% of the costs of these
25 conservation practices for land that is designated or
26 proposed to be designated as an agricultural area.
27 (505 ILCS 5/12) (from Ch. 5, par. 1012)
28 Sec. 12. Petition for Withdrawal. Any person owning land
29 within an agricultural area may submit a petition to the
30 county board requesting the withdrawal of land from the
31 agricultural area located within that county. Such petition
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1 must contain:
2 1. A statement indicating the proposed alternative use
3 of the land.
4 2. An explanation of the necessity for changing the
5 current use.
6 3. An explanation why land outside the agricultural area
7 would not be suitable for proposed use.
8 4. A legal description, map, and acreage of the land
9 proposed for withdrawal.
10 (Source: P.A. 81-1173.)
11 (505 ILCS 5/13) (from Ch. 5, par. 1013)
12 Sec. 13. Procedures for Consideration of Petition for
13 Withdrawal.
14 1. Within 5 days after the receipt of a petition for
15 withdrawal of land from an agricultural area, the county
16 board shall provide notice of such petition by certified mail
17 to all record owners of property in the agricultural area and
18 by publishing a notice in a newspaper having general
19 circulation in the immediate area of the affected land or, if
20 no such newspaper has a general circulation within such area,
21 then in a newspaper having general circulation within the
22 county, and by posting such notice in 5 conspicuous places
23 within the immediate area of the affected land. Such notice
24 shall contain the following information:
25 (a) a statement that a petition for withdrawal of
26 land from an agricultural area has been filed with the
27 county board pursuant to this Act;
28 (b) a statement that the petition will be on file
29 open to public inspection at the county clerk's office;
30 (c) a brief, narrative description of the location
31 of the affected land;
32 (d) a statement of the proposed non-agricultural
33 use of the land;
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1 (e) a statement that the petition will be referred
2 to the county committee and to the regional and county
3 planning commissions, if any, for review and comment;
4 (f) a statement that a public hearing will be held
5 within 60 days on the petition and on the recommendations
6 of the county committee and of the regional and county
7 planning commissions, if any, at a time and place to be
8 announced.
9 2. Within 5 days after the receipt of a petition for
10 withdrawal of land from an agricultural area, the county
11 board shall refer the petition to the county committee, which
12 shall, within 30 days of its receipt of the petition, report
13 to the county board its recommendations.
14 3. Within 5 days after the receipt of a petition for
15 withdrawal of land from an agricultural area, the county
16 board shall refer the petition to the regional and county
17 planning commissions, if any, which shall, within 30 days of
18 their receipt of the petition, report to the county board
19 their recommendations concerning the potential effect of the
20 withdrawal of land from an agricultural area upon the
21 development patterns and needs of the county and upon the
22 county's planning objectives.
23 (Source: P.A. 81-1173.)
24 (505 ILCS 5/16) (from Ch. 5, par. 1016)
25 Sec. 16. Review of agricultural areas by county board.
26 The county board shall review any agricultural area created
27 under this Act every 10 years after the date of its creation
28 and every 8 years thereafter. In conducting the such review,
29 the county board shall:
30 (1) Grant a preference to the recommendations of
31 the landowners in the agricultural area.
32 (2) Ask for the recommendations of the county
33 committee., and shall,
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1 (3) At least 120 days before the 10-year prior to
2 such date, require the Agricultural Areas Committee to
3 hold a public hearing at a place within the area or other
4 readily accessible place. The Committee must give (i)
5 upon notice being given in a newspaper having general
6 circulation within the area or if there is no such
7 newspaper, then in a newspaper having general circulation
8 within the county, and (ii) individual notice in writing
9 to the persons owning land within the area, to the
10 persons owning land adjacent to the area, and to the
11 county or regional planning commission.
12 Included in the notice to the landowners owning land in
13 the agricultural area shall be a statement that, by
14 submitting a letter to the agricultural areas committee at or
15 prior to the public hearing, any landowner of land within the
16 agricultural area may request that his or her land be removed
17 from the agricultural area to be reviewed. The letter must
18 contain:
19 (1) a request to remove land from the agricultural
20 area;
21 (2) an affidavit that the author is the landowner
22 of the land proposed for removal from the agricultural
23 area; and
24 (3) a legal description, map, and acres proposed
25 for removal from the agricultural area.
26 The land described in the letter shall no longer be included
27 in the agricultural area.
28 The county board After receiving the landowners'
29 recommendations and the reports of the county committee and
30 after the public hearing, the county board may (i) terminate
31 the area at the end of a such 10 or 8 year period periods by
32 filing a notice of termination with the county clerk, (ii)
33 decide not to take any action, or (iii) the county board may
34 modify the area in the same manner as is provided in Section
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1 6 of this Act. If the county board does not act, the area
2 shall continue as originally constituted. The county board
3 shall notify the Department of Agriculture of any alterations
4 to an agricultural area or the termination of an agricultural
5 area within 45 days of taking the such action.
6 (Source: P.A. 84-456.)
7 (505 ILCS 5/17) (from Ch. 5, par. 1017)
8 Sec. 17. Petition for dissolution. Ten years after the
9 date of creation of any agricultural area and every 10 years
10 thereafter, owners of land within the such area may petition
11 the county board to dissolve the area. The Such petition must
12 be submitted in writing to the county board during the year
13 120 day period immediately prior to the 10th anniversary of
14 the creation of the area. If Should the petition contains
15 contain signatures of at least two-thirds of the landowners,
16 their heirs, assigns or representatives, owning at least
17 two-thirds of the land within the area, the area shall be
18 dissolved. The county board shall notify the Department of
19 Agriculture of the dissolution of any agricultural area
20 within 45 days of taking the such action.
21 (Source: P.A. 84-456.)
22 (505 ILCS 5/18) (from Ch. 5, par. 1018)
23 Sec. 18. Limitation on local regulations and on suits. No
24 local government shall exercise any of its powers to enact
25 local laws or ordinances within an agricultural area in a
26 manner that which would unreasonably restrict or regulate
27 farm structures or farming practices, including the
28 acquisition of land by annexation or eminent domain, in
29 contravention of the purposes of this Act.
30 The owners of land within the agricultural area may not
31 be subjected to a civil action for nuisance by a private
32 party. The Department of Agriculture shall give technical
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1 assistance and provide other resources for owners of land
2 within an agricultural area if subjected to any other private
3 civil action. Nothing in this Act shall be construed as a
4 limitation or preemption of any statutory or regulatory
5 authority arising under subsection (a) of Section 9 of the
6 Environmental Protection Act.
7 The unless such restrictions or regulations may be
8 adopted and the nuisance suits may be allowed if bearing bear
9 proposal for adding land to a designated
14 agricultural area shall be submitted to the county board
15 which shall forward the proposal to the county committee
16 within 10 days. Within 45 days from the date the petition
17 proposal was submitted to it, the county committee shall
18 review the proposed addition and shall recommend the
19 approval, disapproval or modification of the petition
20 proposal. The county committee shall submit a report of its
21 recommendations to the county board which shall act on the
22 recommendations within 30 days. The county board shall
23 notify the Department of Agriculture of any addition of land
24 to a designated agricultural area within 45 days of taking
25 such action. Any land added to a designated agricultural area
26 under this Section shall be subject to review under Section
27 16 at the same times as the original area is subject to such
28 review. The dates for such review and the period during
29 which a petition may be filed under Section 17 shall not be
30 affected by the addition of land under this Section.
31 (Source: P.A. 84-456.)
32 Section 99. Effective date. This Act takes effect upon
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1 becoming law.".