HB5522 104TH GENERAL ASSEMBLY

LRB104 20731 RTM 34234 b

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB5522

Introduced 2/13/2026, by Rep. Eva-Dina Delgado

SYNOPSIS AS INTRODUCED:

See Index

Amends the Counties Code, the Township Code, and the Illinois Municipal Code. Provides that, if a county, township, or municipality does not approve, conditionally approve, or disapprove a development document within 90 days after receiving the development document, any required review of the document may be performed by a person who is not the applicant or the person whose work is the subject of the application if that person is (A) employed by the county, township, or municipality to review development documents; (B) employed by another unit of local government to review development documents if the county, township, or municipality has approved the person to review development documents; or (C) a licensed professional engineer, structural engineer, or architect. Provides that, if a county, township, or municipality does not conduct a required development inspection within 90 days after receiving a development document for a development permit that would require an inspection, then the inspection may be conducted by a person who is not the owner of the land or improvement to the land that is the subject of the inspection or a person whose work is the subject of the inspection if that person is (A) certified to inspect buildings by the International Code Council; (B) employed by the county, township, or municipality as a building inspector; (C) employed by another unit of local government as a building inspector if the county, township, or municipality has approved the person to perform inspections; or (D) a licensed professional engineer, structural engineer, or architect. Provides that a county, township, or municipality may not impose a fee related to the review of a development document or a development inspection conducted under the provisions. Provides that a person may appeal to the county board, the township board, or the corporate authorities of the municipality (1) a decision to conditionally approve or disapprove a development document made by the county, township, or municipality or a person authorized perform the review of the document under the provisions or (2) a decision regarding a development inspection conducted by the county, township, or municipality or a person authorized to perform the development inspection under the provisions. Limits home rule powers.

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 5. The Counties Code is amended by adding Section 5-12025 as follows:

(55 ILCS 5/5-12025 new)

Sec. 5-12025. Third-party development inspection.

(a) As used in this Section:

"Development document" means a document, including an application for a plat, plan, or development permit, related to the development of or improvement to land that is required by law, ordinance, rule, or other measure to be approved by a county in order for a person to initiate, engage in, or complete the development or improvement.

"Development inspection" means the inspection of an improvement to land required by a county as part of a project to develop the land or construct or improve an improvement to the land.

"Development permit" means a permit required by a county to develop land or construct or improve an improvement to land.

"County" includes a department, board, commission, or other entity of the county, responsible for processing or approving a development document or conducting a development inspection.

(b) If a county does not approve, conditionally approve, or disapprove a development document within 90 days after receiving the development document, any required review of the document may be performed by a person:

(1) who is not:

(A) the applicant; or

(B) a person whose work is the subject of the application; and

(2) who is:

(A) employed by the county to review development documents;

(B) employed by another unit of local government to review development documents, if the county has approved the person to review development documents; or

(C) a licensed professional engineer, structural engineer, or architect.

(c) If a county does not conduct a required development inspection within 90 days after receiving a development document for a development permit that would require an inspection, then the inspection may be conducted by a person:

(1) who is not:

(A) the owner of the land or improvement to the land that is the subject of the inspection; or

(B) a person whose work is the subject of the inspection; and

(2) who is:

(A) certified to inspect buildings by the International Code Council;

(B) employed by the county as a building inspector;

(C) employed by another unit of local government as a building inspector, if the county has approved the person to perform inspections; or

(D) a licensed professional engineer, structural engineer, or architect.

(d) A county may not impose a fee related to the review of a development document or a development inspection conducted under subsection (b) or (c).

(e) A person who reviews a development document or conducts a development inspection under subsection (b) or (c) shall:

(1) review the document, conduct the inspection, and take all other related actions in accordance with all applicable provisions of law; and

(2) provide notice to the county of the results of the review or inspection within 15 days after the person completes the review or inspection.

(f) A county may prescribe a reasonable format for the notice required under subsection (e).

(g) A county may not request or require an applicant to waive a deadline or other procedure under this Section.

(h) A person may appeal to the county board:

(1) a decision to conditionally approve or disapprove a development document made by the county or a person authorized under subsection (b) to perform the review of the document; or

(2) a decision regarding a development inspection conducted by the county or a person authorized under subsection (c) to perform the development inspection.

(i) A person must file an appeal under subsection (h) within 15 days after receiving notice of the decision.

(j) If the county board hearing the appeal does not affirm the decision being appealed by a majority vote within 60 days after the appeal is filed, then:

(1) the development document that is the subject of the appeal is considered approved; or

(2) the development inspection that is the subject of the appeal is waived.

(k) This Section does not apply to development documents submitted to a county before the effective date of this amendatory Act of the 104th General Assembly.

(l) A home rule county may not regulate development inspections and permits in a manner inconsistent with this Section. This Section is a limitation under subsection (i) of Section 6 of Article VII of the Illinois Constitution on the concurrent exercise by home rule units of powers and functions exercised by the State.

Section 10. The Township Code is amended by adding Section 110-85 as follows:

(60 ILCS 1/110-85 new)

Sec. 110-85. Third-party development inspection.

(a) As used in this Section:

"Development document" means a document, including an application for a plat, plan, or development permit, related to the development of or improvement to land that is required by law, ordinance, rule, or other measure to be approved by a township in order for a person to initiate, engage in, or complete the development or improvement.

"Development inspection" means the inspection of an improvement to land required by a township as part of a project to develop the land or construct or improve an improvement to the land.

"Development permit" means a permit required by a township to develop land or construct or improve an improvement to land.

"Township" includes a department, board, commission, or other entity of the township, responsible for processing or approving a development document or conducting a development inspection.

(b) If a township does not approve, conditionally approve, or disapprove a development document within 90 days after receiving the development document, any required review of the document may be performed by a person:

(1) who is not:

(A) the applicant; or

(B) a person whose work is the subject of the application; and

(2) who is:

(A) employed by the township to review development documents;

(B) employed by another unit of local government to review development documents, if the township has approved the person to review development documents; or

(C) a licensed professional engineer, structural engineer, or architect.

(c) If a township does not conduct a required development inspection within 90 days after receiving a development document for a development permit that would require an inspection, then the inspection may be conducted by a person:

(1) who is not:

(A) the owner of the land or improvement to the land that is the subject of the inspection; or

(B) a person whose work is the subject of the inspection; and

(2) who is:

(A) certified to inspect buildings by the International Code Council;

(B) employed by the township as a building inspector;

(C) employed by another unit of local government as a building inspector, if the township has approved the person to perform inspections; or

(D) a licensed professional engineer, structural engineer, or architect.

(d) A township may not impose a fee related to the review of a development document or a development inspection conducted under subsection (b) or (c).

(e) A person who reviews a development document or conducts a development inspection under subsection (b) or (c) shall:

(1) review the document, conduct the inspection, and take all other related actions in accordance with all applicable provisions of law; and

(2) provide notice to the township of the results of the review or inspection within 15 days after the person completes the review or inspection.

(f) A township may prescribe a reasonable format for the notice required under subsection (e).

(g) A township may not request or require an applicant to waive a deadline or other procedure under this Section.

(h) A person may appeal to the township board:

(1) a decision to conditionally approve or disapprove a development document made by the township or a person authorized under subsection (b) to perform the review of the document; or

(2) a decision regarding a development inspection conducted by the township or a person authorized under subsection (c) to perform the development inspection.

(i) A person must file an appeal under subsection (h) within 15 days after receiving notice of the decision.

(j) If the township board hearing the appeal does not affirm the decision being appealed by a majority vote within 60 days after the appeal is filed, then:

(1) the development document that is the subject of the appeal is considered approved; or

(2) the development inspection that is the subject of the appeal is waived.

(k) This Section does not apply to development documents submitted to a township before the effective date of this amendatory Act of the 104th General Assembly.

Section 15. The Illinois Municipal Code is amended by adding Section 11-13-30 as follows:

(65 ILCS 5/11-13-30 new)

Sec. 11-13-30. Third-party development inspection.

(a) As used in this Section:

"Development document" means a document, including an application for a plat, plan, or development permit, related to the development of or improvement to land that is required by law, ordinance, rule, or other measure to be approved by a municipality in order for a person to initiate, engage in, or complete the development or improvement.

"Development inspection" means the inspection of an improvement to land required by a municipality as part of a project to develop the land or construct or improve an improvement to the land.

"Development permit" means a permit required by a municipality to develop land or construct or improve an improvement to land.

"Municipality" includes a department, board, commission, or other entity of the municipality, responsible for processing or approving a development document or conducting a development inspection.

(b) If a municipality does not approve, conditionally approve, or disapprove a development document within 90 days after receiving the development document, any required review of the document may be performed by a person:

(1) who is not:

(A) the applicant; or

(B) a person whose work is the subject of the application; and

(2) who is:

(A) employed by the municipality to review development documents;

(B) employed by another unit of local government to review development documents, if the municipality has approved the person to review development documents; or

(C) a licensed professional engineer, structural engineer, or architect.

(c) If a municipality does not conduct a required development inspection within 90 days after receiving a development document for a development permit that would require an inspection, then the inspection may be conducted by a person:

(1) who is not:

(A) the owner of the land or improvement to the land that is the subject of the inspection; or

(B) a person whose work is the subject of the inspection; and

(2) who is:

(A) certified to inspect buildings by the International Code Council;

(B) employed by the municipality as a building inspector;

(C) employed by another unit of local government as a building inspector, if the municipality has approved the person to perform inspections; or

(D) a licensed professional engineer, structural engineer, or architect.

(d) A municipality may not impose a fee related to the review of a development document or a development inspection conducted under subsection (b) or (c).

(e) A person who reviews a development document or conducts a development inspection under subsection (b) or (c) shall:

(1) review the document, conduct the inspection, and take all other related actions in accordance with all applicable provisions of law; and

(2) provide notice to the municipality of the results of the review or inspection within 15 days after the person completes the review or inspection.

(f) A municipality may prescribe a reasonable format for the notice required under subsection (e).

(g) A municipality may not request or require an applicant to waive a deadline or other procedure under this Section.

(h) A person may appeal to the corporate authorities of a municipality:

(1) a decision to conditionally approve or disapprove a development document made by the municipality or a person authorized under subsection (b) to perform the review of the document; or

(2) a decision regarding a development inspection conducted by the municipality or a person authorized under subsection (c) to perform the development inspection.

(i) A person must file an appeal under subsection (h) within 15 days after receiving notice of the decision.

(j) If the municipal board hearing the appeal does not affirm the decision being appealed by a majority vote within 60 days after the appeal is filed, then:

(1) the development document that is the subject of the appeal is considered approved; or

(2) the development inspection that is the subject of the appeal is waived.

(k) This Section does not apply to development documents submitted to a municipality before the effective date of this amendatory Act of the 104th General Assembly.

(l) A home rule municipality may not regulate development inspections and permits in a manner inconsistent with this Section. This Section is a limitation under subsection (i) of Section 6 of Article VII of the Illinois Constitution on the concurrent exercise by home rule units of powers and functions exercised by the State.