HB4800 104TH GENERAL ASSEMBLY

LRB104 17982 RTM 31419 b

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB4800

Introduced , by Rep. Dave Vella

SYNOPSIS AS INTRODUCED:

New Act
20 ILCS 605/605.1119 new

Creates the Local Government Building Permit Act. Provides that the Act only applies to units of local government that require a person to obtain a permit from the unit of local government before the person may construct a building within the unit of local government. Requires a unit of local government to comply with specified timelines for issuing building permits. Provides that, if a unit of local government fails to comply with the timelines, then the building permit is automatically approved by operation of law, unless the proposed building project violates published building or zoning codes. Requires a unit of local government to publish the specified information concerning building permits on its public-facing website. Provides that the fees that a unit of local government imposes to approve a building permit application may not exceed the actual cost the unit of local government incurs to review a building permit application. Provides that, if a unit of local government denies a person's building permit application, then the person may appeal the decision to the Building Permit Ombudsman. Amends the Department of Commerce and Economic Opportunity Law. Creates the position of Building Permit Ombudsman within the Department of Commerce and Economic Opportunity. Provides that the Building Permit Ombudsman shall receive, review, and resolve appeals brought under the Local Government Building Permit Act. Requires the Building Permit Ombudsman to (i) examine the issues and the information provided by both parties; (ii) make findings of fact and conclusions of law; and (iii) issue a decision to the developer and the unit of local government in response to the appeal.

A BILL FOR

AN ACT concerning local government.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act may be cited as the Local Government Building Permit Act.

Section 5. Applicability.

(a) This Act only applies to units of local government that require a person to obtain a permit from the unit of local government before the person may construct a building within the unit of local government.

(b) This Act shall not be construed to supersede any health, safety, environmental, or other building code requirements.

Section 10. Building permit approval.

(a) A unit of local government must comply with the following timelines:

(1) Within 30 days of the submission of the application for the building permit, the unit of local government must complete an initial completeness review to ensure the application includes the required information. If information is missing, then the unit of local government must inform the requester that additional information is required.

(2) Once the application is deemed complete, the unit of local government shall issue a decision on the building permit application within 60 days for a single-family home project, 90 days for a multifamily housing project with between 2 and 29 units, and 120 days for a project that is 30 or more units.

(b) If a unit of local government fails to comply with the timelines established in this Section, then the building permit is automatically approved by operation of law, unless the proposed building project violates published building or zoning codes.

Section 15. Publishing requirements.

(a) A unit of local government must publish the following information on its public-facing website:

(1) the average amount of time it takes the unit of local government to process a building permit;

(2) common reasons building permits are denied or delayed;

(3) the number of building permit applications the unit of local government received in the preceding year;

(4) the number of building permit applications the unit of local government approved in the preceding year; and

(5) the number of building permit applications the unit of local government denied in the preceding year.

(b) This Section does not apply to a unit of local government that does not have a public facing website.

Section 20. Permit fees. The fees that a unit of local government imposes to approve a building permit application may not exceed the actual cost the unit of local government incurs to review a building permit application.

Section 25. Appeals. If a unit of local government denies a person's building permit application, then the person may appeal the decision to the Building Permit Ombudsman. An appeal of a denied building permit application must be made within 60 days of receiving notice of the denial.

Section 30. The Department of Commerce and Economic Opportunity Law of the Civil Administrative Code of Illinois is amended by adding Section 605.1119 as follows:

(20 ILCS 605/605.1119 new)

Sec. 605.1119. Building Permit Ombudsman.

(a) The position of Building Permit Ombudsman is created within the Department.

(b) The Building Permit Ombudsman shall receive, review, and resolve appeals brought under Section 25 of the Local Government Building Permit Act. The Building Permit Ombudsman shall (i) examine the issues and the information provided by both parties; (ii) make findings of fact and conclusions of law; and (iii) issue a decision to the developer and the unit of local government in response to the appeal within 60 days after the Building Permit Ombudsman receives the appeal. The Building Permit Ombudsman's decision shall be binding upon both the developer and the unit of local government, subject to administrative review.

(c) The Department may delegate additional responsibilities to the Building Permit Ombudsman. However, the Building Permit Ombudsman shall not consider matters that:

(1) may constitute grounds for charges or complaints under the Illinois Human Rights Act; or

(2) that are brought before:

(A) the Department of Human Rights or the Illinois Human Rights Commission;

(B) a department or body established by a county, township, or municipality under an ordinance prohibiting discrimination and established for the purpose of investigating and adjudicating charges or complaints of discrimination under the ordinance; or

(C) a federal agency or commission that administers and enforces federal anti-discrimination laws and investigates and adjudicates charges or complaints of discrimination.