104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB2785

 

Introduced 1/13/2026, by Sen. Sara Feigenholtz

 

SYNOPSIS AS INTRODUCED:
 
55 ILCS 5/5-46025

    Amends the Counties Code if and only if Senate Bill 25 of the 104th General Assembly becomes law. Provides that "shared roof" does not include a roof that serves townhouses. Provides that "townhouse" means a privately owned single-family dwelling unit that is attached to but separated from other privately owned single-family dwelling units by a common party wall that has no doors, windows, or other means of human passage or visibility.


LRB104 16790 AAS 30199 b

 

 

A BILL FOR

 

SB2785LRB104 16790 AAS 30199 b

1    AN ACT concerning local government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. If and only if Senate Bill 25 of the 104th
5General Assembly becomes law, then the Counties Code is
6amended by changing Section 5-46025 as follows:
 
7    (55 ILCS 5/5-46025)
8    Sec. 5-46025. Applicability.
9    (a) As used in this Section: ,
10    "Shared shared roof" means any roof that (i) serves more
11than one unit, including, but not limited to, a contiguous
12roof serving adjacent units, or (ii) is part of the common
13elements or common area of a unit. "Shared roof" does not
14include a roof that serves townhouses.
15    "Townhouse" means a privately owned single-family dwelling
16unit that is attached to but separated from other privately
17owned single-family dwelling units by a common party wall that
18has no doors, windows, or other means of human passage or
19visibility.
20    (b) This Division shall not apply to any building that:
21        (1) is greater than 60 feet in height; or
22        (2) has a shared roof.
23    (c) Notwithstanding subsection (b) of this Section, this

 

 

SB2785- 2 -LRB104 16790 AAS 30199 b

1Division shall apply to any building with a shared roof:
2        (1) where the solar energy system is located entirely
3    within that portion of the shared roof that is owned and
4    maintained by the property owner;
5        (2) where all property owners sharing the shared roof
6    are in agreement to install a solar energy system; or
7        (3) to the extent this Division applies to low-voltage
8    solar-powered devices.
9(Source: 10400SB0025enr.)