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91_HB0060ham002
LRB9100462PTpkam03
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 may establish a county agricultural
15 areas committee that which shall consist of (i) 4 four active
16 farmers, no more than 2 two of whom may shall be of the same
17 major political party, and (ii) a member of the county board.
18 (1) The committee shall select one of its members
19 to serve as chairperson chairman of the county committee.
20 (2) The Such a committee shall be established
21 whenever a petition is received by the county board for
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1 the creation of an agricultural area under pursuant to
2 Section 6. A, provided that no such county committee may
3 not be established if one has already been established
4 for the such county.
5 (3) Members of the such county committee shall be
6 appointed by and shall serve at the pleasure of the
7 county appointing authority.
8 (4) The members shall serve without salary, but the
9 county board may entitle each such member to
10 reimbursement for his actual necessary expenses incurred
11 in the performance of his official duties.
12 (b) The Such committee shall advise the county board in
13 relation to the proposed establishment, modification, and
14 termination of agricultural areas. The county committee shall
15 render expert advice relating to the desirability of such
16 action, including advice as to the nature of farming and farm
17 resources within the proposed area and the relation of
18 farming in the such area to the county as a whole.
19 (Source: P.A. 81-1173.)
20 (505 ILCS 5/5) (from Ch. 5, par. 1005)
21 Sec. 5. Agricultural areas; creation. Any owner or
22 owners of land may submit a proposal to the county board for
23 the creation of an agricultural area within the such county
24 according to the following provisions:.
25 (1) An agricultural area, at the creation of the
26 any such area, shall not be at least less than 350 acres.
27 (2) The Such proposal shall include a description
28 of the proposed area, including its the boundaries
29 thereof.
30 (3) The Such territory shall be as compact and
31 nearly contiguous as feasible.
32 (4) An area created under this Act shall be
33 established for a period of 10 ten years.
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1 (5) No land shall be included in an agricultural
2 area without the consent of the owner.
3 (6) No land within an agricultural area shall be
4 used for other than agricultural production as described
5 in Sections 3.01 and 3.02 of this Act.
6 (7) Agreements for the extraction of mineral
7 resources duly agreed upon before prior to the creation
8 of an agricultural area shall be exempted from the use
9 provisions of this Section. In addition, the extraction
10 of mineral resources conducted under pursuant to the
11 Surface Coal Mining Land Conservation and Reclamation Act
12 shall be considered temporary land use and shall be
13 exempted from the use provisions of this Section.
14 (Source: P.A. 84-456.)
15 (505 ILCS 5/6) (from Ch. 5, par. 1006)
16 Sec. 6. Duties of the county board.
17 (a) Upon the receipt of such a proposal to create an
18 agricultural area, the county board shall provide notice of
19 the such proposal (i) by publishing a notice in a newspaper
20 having general circulation within the proposed area or, if no
21 such newspaper has a general circulation within the proposed
22 area then in a newspaper having general circulation within
23 the county and (ii) by posting the such notice in 5 five
24 conspicuous places within the proposed area. A copy of the
25 such notice shall be sent to the county or regional planning
26 commission for review or comment to be made to the county
27 board within 30 days. Such comment shall be made to the
28 county board.
29 The notice required to be published or posted under this
30 Section shall contain the following information:.
31 (1) 1. A statement that a proposal for an
32 agricultural area has been filed with the county board
33 under pursuant to this Act.;
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1 (2) 2. A statement that the proposal will be on
2 file open to public inspection at the county clerk's
3 office.;
4 (3) 3. A statement that any landowner, owning land
5 adjacent to or partially encompassed by the proposed area
6 , may propose a modification of the area to include or
7 exclude such lands, within 30 days of the date of
8 publication of notice. The Such application shall be made
9 on forms prescribed by the county board.;
10 (4) 4. A statement that any proposed modification
11 must be filed with the county clerk and the clerk of the
12 county board within 30 days after the publication of the
13 such notice.;
14 (5) 5. A statement that at the termination of the
15 30 day period, the proposal and proposed modifications
16 will be submitted to the county committee, and that a
17 public hearing will be held on the proposal, proposed
18 modifications, and recommendations of the county
19 committee.
20 (b) The county board shall receive any proposals for
21 modifications of the such proposal that which may be
22 submitted by the landowners within 30 days after the
23 publication of the such notice.
24 (c) The county board shall simultaneously, upon the
25 termination of the such 30 day period, refer the such
26 proposal and proposed modifications to the county committee
27 that, which shall, within 45 days, report to the county board
28 its recommendations concerning the proposal and proposed
29 modifications.
30 (Source: P.A. 81-1173.)
31 (505 ILCS 5/7) (from Ch. 5, par. 1007)
32 Sec. 7. Public hearing required.
33 (a) The Agricultural Areas Committee of the county board
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1 shall hold a public hearing on any proposal for the creation
2 of an agricultural area. The Such hearing shall be held at a
3 place within the proposed area or a place readily accessible
4 to the proposed area.
5 (b) Notice of the hearing shall contain (i) a statement
6 of the time, date, and place of the public hearing and (ii) a
7 description of the proposed area and any proposed additions.
8 The Such notice shall in addition contain a statement
9 that the public hearing will be he held concerning (i) the
10 original proposal, (ii) any written amendments proposed
11 during the 30 day review period, and (iii) any
12 recommendations proposed by the county committee or the
13 planning commissions.
14 The notice shall (i) be published in a newspaper having a
15 general circulation within the proposed area or if no
16 newspaper has general circulation within the proposed area,
17 then in a newspaper having general circulation within the
18 county, and (ii) shall be given in writing to the persons
19 owning land within such a proposed area and adjacent to the
20 proposed area.
21 (Source: P.A. 81-1173.)
22 (505 ILCS 5/8) (from Ch. 5, par. 1008)
23 Sec. 8. Factors for Consideration in formation of
24 agricultural areas.
25 (a) County boards, county committees, and planning
26 commissions shall grant a preference to the recommendations
27 of the landowners within the proposed agricultural area. The
28 following factors should also be considered by county boards,
29 county committees, or planning commissions, with respect to
30 the formation of any agricultural area:
31 (1) 1. The viability of active farming within the
32 proposed area and in areas adjacent to the proposed area.
33 thereto;
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1 (2) 2. The presence of any viable farmlands within
2 the proposed area and within land adjacent to the
3 proposed area thereto that are not now in active farming.
4 ;
5 (3) 3. The nature and extent of land uses other
6 than active farming within the proposed area and land
7 adjacent to the proposed area. thereto;
8 (4) 4. County developmental patterns and needs.;
9 (5) 5. The existence of a conservation plan
10 approved by the local soil and water conservation
11 district.; and
12 (6) 6. Any other matter that which may be relevant.
13 (b) In judging viability, any relevant agricultural
14 information shall be considered, including:
15 (1) Soil.,
16 (2) Climate.,
17 (3) Topography.,
18 (4) Other natural factors.,
19 (5) Markets for farm products.,
20 (6) The extent and nature of farm improvements.,
21 (7) The present status of farming.,
22 (8) Anticipated trends in agricultural economic
23 conditions and technology., and such
24 (9) Other factors as may be relevant.
25 (Source: P.A. 84-456.)
26 (505 ILCS 5/9) (from Ch. 5, par. 1009)
27 Sec. 9. Municipal notice and objections.
28 (a) If the proposed agricultural area includes real
29 estate within a 1 and one-half 1/2 mile radius from the
30 corporate limits of any municipality, the county board shall
31 notify the municipal authorities of the such affected
32 municipality of this proposed area.
33 (b) The Such municipal authorities may object to the
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1 proposal if the such objection is presented to the county
2 board within 30 days of the receipt of the proposal by the
3 municipal authorities.
4 Upon receipt of the such objection by the county board,
5 the proposed area shall be modified to exclude the real
6 estate within the 1 and one-half 1/2 mile radius of the
7 corporate limits of the such municipality, unless the
8 property in question is approved for inclusion in the
9 agricultural area by a favorable vote of three-fourths of all
10 members of the county board. In counties where the county
11 board consists of 3 members, only a two-thirds vote is
12 required. If no objection is received within the specified
13 time period, the affected real estate shall be included in
14 the agricultural area.
15 (Source: P.A. 81-1173.)
16 (505 ILCS 5/10) (from Ch. 5, par. 1010)
17 Sec. 10. Adoption of plan by county board. The county
18 board, After receiving the reports of the county committee
19 and other comments, and after the such public hearing, the
20 county board may adopt as a plan the proposal or any
21 modification of the proposal it deems appropriate. The
22 proposal may include, including the inclusion, to the extent
23 feasible, of adjacent viable farmlands, and may exclude the
24 exclusion, to the extent feasible, of non-viable farmland and
25 non-farm land. The county board shall act to adopt or reject
26 the proposal, or any modification of it not later than 45
27 days from the date that the county committee's recommendation
28 on the proposal was submitted to it. The county board shall
29 notify the Department of Agriculture of the adoption or
30 rejection of the proposal and shall provide the Department
31 with a description of the agricultural area within 45 days of
32 taking the such action.
33 (Source: P.A. 84-456.)
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1 (505 ILCS 5/11) (from Ch. 5, par. 1011)
2 Sec. 11. Filing Requirement that description of area
3 Agricultural Areas be filed with county clerk and recorder.
4 Upon the creation or alteration of an agricultural area, the
5 county board must file the description and the accompanying
6 board resolution or ordinance: thereof shall be filed by the
7 county board
8 (1) With the county clerk.
9 (2) Such description shall also be placed On record
10 in the office of the recorder.
11 (Source: P.A. 84-456.)
12 (505 ILCS 5/11.5 new)
13 Sec. 11.5. Stewardship agreements. The Department of
14 Agriculture may enter into agreements with any federal or
15 State agency, other entity, or with any landowner within an
16 agricultural area or proposed agricultural area as may be
17 necessary to furnish surveys, engineering, and assistance for
18 the formation, expansion, maintenance, or renewal of
19 agricultural conservation practices. The Department of
20 Agriculture must develop, by rule, an incentive program for
21 land stewardship that pays up to 75% of the costs of these
22 conservation practices for land that is designated or
23 proposed to be designated as an agricultural area.
24 (505 ILCS 5/12) (from Ch. 5, par. 1012)
25 Sec. 12. Petition for Withdrawal. Any person owning land
26 within an agricultural area may submit a petition to the
27 county board requesting the withdrawal of land from the
28 agricultural area located within that county. Such petition
29 must contain:
30 1. A statement indicating the proposed alternative use
31 of the land.
32 2. An explanation of the necessity for changing the
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1 current use.
2 3. An explanation why land outside the agricultural area
3 would not be suitable for proposed use.
4 (Source: P.A. 81-1173.)
5 (505 ILCS 5/13) (from Ch. 5, par. 1013)
6 Sec. 13. Procedures for Consideration of Petition for
7 Withdrawal.
8 1. Within 5 days after the receipt of a petition for
9 withdrawal of land from an agricultural area, the county
10 board shall provide notice of such petition by certified mail
11 to all record owners of property in the agricultural area and
12 by publishing a notice in a newspaper having general
13 circulation in the immediate area of the affected land or, if
14 no such newspaper has a general circulation within such area,
15 then in a newspaper having general circulation within the
16 county, and by posting such notice in 5 conspicuous places
17 within the immediate area of the affected land. Such notice
18 shall contain the following information:
19 (a) a statement that a petition for withdrawal of
20 land from an agricultural area has been filed with the
21 county board pursuant to this Act;
22 (b) a statement that the petition will be on file
23 open to public inspection at the county clerk's office;
24 (c) a brief, narrative description of the location
25 of the affected land;
26 (d) a statement of the proposed non-agricultural
27 use of the land;
28 (e) a statement that the petition will be referred
29 to the county committee and to the regional and county
30 planning commissions, if any, for review and comment;
31 (f) a statement that a public hearing will be held
32 within 60 days on the petition and on the recommendations
33 of the county committee and of the regional and county
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1 planning commissions, if any, at a time and place to be
2 announced.
3 2. Within 5 days after the receipt of a petition for
4 withdrawal of land from an agricultural area, the county
5 board shall refer the petition to the county committee, which
6 shall, within 30 days of its receipt of the petition, report
7 to the county board its recommendations.
8 3. Within 5 days after the receipt of a petition for
9 withdrawal of land from an agricultural area, the county
10 board shall refer the petition to the regional and county
11 planning commissions, if any, which shall, within 30 days of
12 their receipt of the petition, report to the county board
13 their recommendations concerning the potential effect of the
14 withdrawal of land from an agricultural area upon the
15 development patterns and needs of the county and upon the
16 county's planning objectives.
17 (Source: P.A. 81-1173.)
18 (505 ILCS 5/16) (from Ch. 5, par. 1016)
19 Sec. 16. Review of agricultural areas by county board.
20 The county board shall review any agricultural area created
21 under this Act every 10 years after the date of its creation
22 and every 8 years thereafter. In conducting the such review,
23 the county board shall:
24 (1) Grant a preference to the recommendations of
25 the landowners in the agricultural area.
26 (2) Ask for the recommendations of the county
27 committee., and shall,
28 (3) At least 120 days before the 10-year prior to
29 such date, require the Agricultural Areas Committee to
30 hold a public hearing at a place within the area or other
31 readily accessible place. The Committee must give (i)
32 upon notice being given in a newspaper having general
33 circulation within the area or if there is no such
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1 newspaper, then in a newspaper having general circulation
2 within the county, and (ii) individual notice in writing
3 to the persons owning land within the area, to the
4 persons owning land adjacent to the area, and to the
5 county or regional planning commission.
6 Included in the notice to the landowners owning land in
7 the agricultural area shall be a statement that, by
8 submitting a letter to the agricultural areas committee at or
9 prior to the public hearing, any landowner of land within the
10 agricultural area may request that his or her land be removed
11 from the agricultural area to be reviewed. The letter must
12 contain:
13 (1) a request to remove land from the agricultural
14 area;
15 (2) an affidavit that the author is the landowner
16 of the land proposed for removal from the agricultural
17 area; and
18 (3) a legal description, map, and acres proposed
19 for removal from the agricultural area.
20 The land described in the letter shall no longer be included
21 in the agricultural area.
22 The county board After receiving the landowners'
23 recommendations and the reports of the county committee and
24 after the public hearing, the county board may (i) terminate
25 the area at the end of a such 10 or 8 year period periods by
26 filing a notice of termination with the county clerk, (ii)
27 decide not to take any action, or (iii) the county board may
28 modify the area in the same manner as is provided in Section
29 6 of this Act. If the county board does not act, the area
30 shall continue as originally constituted. The county board
31 shall notify the Department of Agriculture of any alterations
32 to an agricultural area or the termination of an agricultural
33 area within 45 days of taking the such action.
34 (Source: P.A. 84-456.)
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1 (505 ILCS 5/17) (from Ch. 5, par. 1017)
2 Sec. 17. Petition for dissolution. Ten years after the
3 date of creation of any agricultural area and every 10 years
4 thereafter, owners of land within the such area may petition
5 the county board to dissolve the area. The Such petition must
6 be submitted in writing to the county board during the year
7 120 day period immediately prior to the 10th anniversary of
8 the creation of the area. If Should the petition contains
9 contain signatures of at least two-thirds of the landowners,
10 their heirs, assigns or representatives, owning at least
11 two-thirds of the land within the area, the area shall be
12 dissolved. The county board shall notify the Department of
13 Agriculture of the dissolution of any agricultural area
14 within 45 days of taking the such action.
15 (Source: P.A. 84-456.)
16 (505 ILCS 5/18) (from Ch. 5, par. 1018)
17 Sec. 18. Limitation on local regulations and on suits. No
18 local government shall exercise any of its powers to enact
19 local laws or ordinances within an agricultural area in a
20 manner that which would unreasonably restrict or regulate
21 farm structures or farming practices, including the
22 acquisition of land by annexation or eminent domain, in
23 contravention of the purposes of this Act.
24 The owners of land within the agricultural area may not
25 be subjected to a civil action for nuisance by a private
26 party. The Department of Agriculture may give technical
27 assistance and provide other resources for owners of land
28 within an agricultural area if subjected to any other private
29 civil action. Nothing in this Act shall be construed as a
30 limitation or preemption of any statutory or regulatory
31 authority arising under subsection (a) of Section 9 of the
32 Environmental Protection Act.
33 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 proposal for adding land to a designated
7 agricultural area shall be subject to the same procedures for
8 creating a new agricultural area as specified in Sections 5
9 through 10 of this Act. No minimum acreage shall be required
10 for adding land to an agricultural area be submitted to the
11 county board which shall forward the proposal to the county
12 committee within 10 days. Within 45 days from the date the
13 proposal was submitted to it, the county committee shall
14 review the proposed addition and shall recommend the
15 approval, disapproval or modification of the proposal. The
16 county committee shall submit a report of its recommendations
17 to the county board which shall act on the recommendations
18 within 30 days. The county board shall notify the Department
19 of Agriculture of any addition of land to a designated
20 agricultural area within 45 days of taking such action. Any
21 land added to a designated agricultural area under this
22 Section shall be subject to review under Section 16 at the
23 same times as the original area is subject to such review.
24 The dates for such review and the period during which a
25 petition may be filed under Section 17 shall not be affected
26 by the addition of land under this Section.
27 (Source: P.A. 84-456.)
28 Section 99. Effective date. This Act takes effect upon
29 becoming law.".
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