HB5616 104TH GENERAL ASSEMBLY

LRB104 20709 WRO 34209 b

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB5616

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

SYNOPSIS AS INTRODUCED:

55 ILCS 5/5-12025 new
60 ILCS 1/110-85 new
65 ILCS 5/11-13-30 new

Amends the Counties Code, the Township Code, and the Illinois Municipal Code. Provides that a county, township, or municipality shall not enact or enforce an anti-growth law affecting property unless the anti-growth law is enacted or enforced (1) following a disaster declared by the Governor that occurred within the jurisdiction of the county, township, or municipality; or (2) to provide for the extension or acquisition of public infrastructure, public services, or water resources. Limits home rule powers. Effective immediately.

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. Anti-growth law preemption.

(a) As used in this Section:

"Anti-growth law" means a land use law that explicitly limits either the growth of the population in the county's jurisdiction or the number of development permits or building permit applications for residential development or the residential component of any mixed-use development submitted to, reviewed by, approved by, or issued by a county for any calendar or fiscal year.

"Land use law" means any statute, resolution, ordinance, code, rule, regulation, plan, policy, procedure, standard, initiative, guideline, requirement, or law that regulates the use or division of property or any interest in property.

"Property" means real property located within the county that is not publicly owned.

(b) Notwithstanding any other provision of this Code, a county shall not enact or enforce an anti-growth law affecting property unless the anti-growth law complies with one of the following exceptions:

(1) The anti-growth law is enacted or enforced following a disaster declared by the Governor that occurred within the jurisdiction of the county. An anti-growth law affecting property enacted or enforced under this paragraph may be effective for not more than 24 months in any 5-year period.

(2) The anti-growth law is enacted or enforced to provide for the extension or acquisition of public infrastructure, public services, or water resources.

(c) Nothing in this Section requires a county to approve a permit application or precludes a county from regulating the use of land, developing land use plans, enacting affordability requirements that regulate or restrict market rate development or redevelopment in order to enforce affordability requirements, regulating the rental of any property or portion of a property that is available for lodging for less than 30 days, or denying a permit for any reason, including extending or acquiring infrastructure, water resources, or services. This subsection does not apply to a hotel unit portion of a structure that is used by a business establishment to provide commercial lodging to the general public for predominantly overnight or weekly stays, that is classified as a hotel or motel for purposes of property taxation, that is not a unit in a condominium, and that is zoned or permitted by a county for use as a hotel.

(d) A home rule county may not regulate property 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. Anti-growth law preemption.

(a) As used in this Section:

"Anti-growth law" means a land use law that explicitly limits either the growth of the population in the township's jurisdiction or the number of development permits or building permit applications for residential development or the residential component of any mixed-use development submitted to, reviewed by, approved by, or issued by a township for any calendar or fiscal year.

"Land use law" means any statute, resolution, ordinance, code, rule, regulation, plan, policy, procedure, standard, initiative, guideline, requirement, or law that regulates the use or division of property or any interest in property.

"Property" means real property located within the township that is not publicly owned.

(b) Notwithstanding any other provision of this Code, a township shall not enact or enforce an anti-growth law affecting property unless the anti-growth law complies with one of the following exceptions:

(1) The anti-growth law is enacted or enforced following a disaster declared by the Governor that occurred within the jurisdiction of the township. An anti-growth law affecting property enacted or enforced under this paragraph may be effective for not more than 24 months in any 5-year period.

(2) The anti-growth law is enacted or enforced to provide for the extension or acquisition of public infrastructure, public services, or water resources.

(c) Nothing in this Section requires a township to approve a permit application or precludes a township from regulating the use of land, developing land use plans, enacting affordability requirements that regulate or restrict market rate development or redevelopment in order to enforce affordability requirements, regulating the rental of any property or portion of a property that is available for lodging for less than 30 days, or denying a permit for any reason, including extending or acquiring infrastructure, water resources, or services. This subsection does not apply to a hotel unit portion of a structure that is used by a business establishment to provide commercial lodging to the general public for predominantly overnight or weekly stays, that is classified as a hotel or motel for purposes of property taxation, that is not a unit in a condominium, and that is zoned or permitted by a township for use as a hotel.

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. Anti-growth law preemption.

(a) As used in this Section:

"Anti-growth law" means a land use law that explicitly limits either the growth of the population in the municipality's jurisdiction or the number of development permits or building permit applications for residential development or the residential component of any mixed-use development submitted to, reviewed by, approved by, or issued by a municipality for any calendar or fiscal year.

"Land use law" means any statute, resolution, ordinance, code, rule, regulation, plan, policy, procedure, standard, initiative, guideline, requirement, or law that regulates the use or division of property or any interest in property.

"Property" means real property located within the municipality that is not publicly owned.

(b) Notwithstanding any other provision of this Code, a municipality shall not enact or enforce an anti-growth law affecting property unless the anti-growth law complies with one of the following exceptions:

(1) The anti-growth law is enacted or enforced following a disaster declared by the Governor or a state of emergency declared by the mayor of the municipality that occurred within the jurisdiction of the municipality. An anti-growth law affecting property enacted or enforced under this paragraph may be effective for not more than 24 months in any 5-year period.

(2) The anti-growth law is enacted or enforced to provide for the extension or acquisition of public infrastructure, public services, or water resources.

(c) Nothing in this Section requires a municipality to approve a permit application or precludes a municipality from regulating the use of land, developing land use plans, enacting affordability requirements that regulate or restrict market rate development or redevelopment in order to enforce affordability requirements, regulating the rental of any property or portion of a property that is available for lodging for less than 30 days, or denying a permit for any reason, including extending or acquiring infrastructure, water resources, or services. This subsection does not apply to a hotel unit portion of a structure that is used by a business establishment to provide commercial lodging to the general public for predominantly overnight or weekly stays, that is classified as a hotel or motel for purposes of property taxation, that is not a unit in a condominium, and that is zoned or permitted by a municipality for use as a hotel.

(d) A home rule municipality may not regulate property 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 99. Effective date. This Act takes effect upon becoming law.