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90_HB3361
New Act
30 ILCS 115/2 from Ch. 85, par. 612
30 ILCS 805/8.23 new
765 ILCS 120/1 from Ch. 30, par. 401
Creates the Smart Growth Act to require more densely
populated or rapidly growing counties to prepare Urban Growth
Plans, under which the counties designate urban growth areas
beyond which no urban land uses shall be allowed. Provides
for local government cooperation and public participation in
the designation of urban growth areas. Preempts home rule
powers. Amends the State Revenue Sharing Act to authorize the
Department of Revenue to withhold distributions from the
Local Government Distribution Fund to counties that fail to
timely submit Urban Growth Plans. Amends the State Mandates
Act to require implementation without reimbursement. Amends
the Real Property Conservation Rights Act. Includes within
the provisions for conservation rights land primarily used
for the production of food, other agricultural products, or
fiber. Effective immediately.
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1 AN ACT concerning conservation.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 1. Short title. This Act may be cited as the
5 Smart Growth Act.
6 Section 5. Legislative findings. The General Assembly
7 finds that uncoordinated and unplanned growth poses a threat
8 to the environment, sustainable economic and agricultural
9 development, and the health, safety, and quality of life of
10 the residents of this State. It is in the public interest
11 that local governments and the private sector coordinate with
12 one another in urban planning. It is therefore the purpose
13 of this Act to preserve farmland, to encourage development in
14 urban areas where adequate public facilities and services
15 exist or can be provided in an efficient manner, and to
16 reduce the inappropriate conversion of undeveloped land into
17 sprawling, low-density development.
18 Section 10. Definitions.
19 "Advisory Council" means the Smart Growth Advisory
20 Council created under Section 18.
21 "Department" means the Department of Commerce and
22 Community Affairs.
23 "Urban growth" means the conversion of rural or other
24 non-urban land uses to urban land uses.
25 "Urban growth area" means an area designated by a county
26 under Section 20.
27 "Urban land use" means an intensive use of land for the
28 location of one or more buildings, structures, or impermeable
29 surfaces to such a degree as to be incompatible with the
30 primary use of the land for the production of food, other
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1 agricultural products, or fiber, for the extraction of
2 mineral resources, or for conservation or outdoor
3 recreational uses.
4 Section 15. Scope of Act. The requirements imposed and
5 powers granted under this Act are intended to supplement
6 other lawful authority or duties and not to repeal or limit
7 that authority or those duties.
8 Section 18. Advisory Council. The Smart Growth Advisory
9 Council is created to serve in an advisory capacity to units
10 of local government in their preparation of Urban Growth
11 Plans under this Act. The Advisory Council shall consist of
12 10 members, including: the Lieutenant Governor, the Director
13 of Commerce and Community Affairs, the Secretary of
14 Transportation, the Director of Natural Resources, the
15 Director of Agriculture, and the Director of the
16 Environmental Protection Agency, or their designees; one
17 representative of the Illinois Association of County
18 Officials appointed by the Governor; one representative of
19 the Illinois Municipal League appointed by the Governor; and
20 2 persons each having at least 10 years experience in
21 county-wide land use planning appointed by the Governor. The
22 Lieutenant Governor or his or her designee shall serve as
23 Chairperson.
24 Members appointed by the Governor shall serve 2-year
25 terms, except that of the initial appointees, 2 members shall
26 be appointed to serve initial terms of one year. A member
27 appointed by the Governor shall serve no more than 2
28 consecutive 2-year terms.
29 The Governor may remove any member for cause at any time
30 before the expiration of his or her term.
31 A majority of the Advisory Council currently appointed
32 shall constitute a quorum. A vacancy in the membership of
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1 the Advisory Council shall be filled for the unexpired
2 portion of the term.
3 Members of the Advisory Council shall be reimbursed for
4 all legitimate and necessary expenses incurred in attending
5 meetings of the Advisory Council.
6 Section 20. Urban Growth Plans.
7 (a) The governing authority of a county that has a
8 population of at least 50,000 on the effective date of this
9 Act or has had its population increase by more than 10
10 percent in the 10 years preceding the effective date of this
11 Act, and any other county regardless of its population that
12 has had its population increase by more than 20 percent in
13 the 10 years preceding the effective date of this Act, must
14 adopt an Urban Growth Plan on or before January 1, 2000. For
15 purposes of this subsection and subsection (b), populations
16 and population growth shall be determined according to annual
17 population estimates provided by the Population Division of
18 the U.S. Bureau of the Census.
19 (b) Any county not subject to subsection (a) but which,
20 after the effective date of this Act, has a population of at
21 least 50,000 and experiences a population increase of more
22 than 10 percent in a 10-year period or any other county not
23 subject to subsection (a) which, after the effective date of
24 this Act, experiences a population increase of 20 percent in
25 a 10-year period, must adopt an Urban Growth Plan within 3
26 years after the end date of the 10-year growth period.
27 (c) In the Urban Growth Plan, the county shall designate
28 the urban growth area or areas within which urban land uses
29 shall be allowed and outside of which urban land uses shall
30 not be permitted. Each municipality that is located in a
31 county required to submit an Urban Growth Plan under this
32 Section shall be included within an urban growth area. An
33 urban growth area may include more than one municipality and
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1 may include territory that is located outside of a
2 municipality if the territory is already characterized by
3 urban growth or is adjacent to territory already
4 characterized by urban growth. An urban growth area shall
5 permit greenbelt and open space areas.
6 In its designation of urban growth areas, a county shall
7 locate urban growth areas first on land already characterized
8 by urban growth and having public facilities and service
9 capacities to serve the existing development, and second in
10 areas already characterized by urban growth that will be
11 served by a combination of both existing public facilities
12 and services and any additional needed public facilities and
13 services that are provided by either public or private
14 sources.
15 (d) On or before January 1, 1999, or within 2 years
16 after the end date of the 10-year growth period in the case
17 of a county subject to subsection (b), the Advisory Council
18 shall prepare a 20-year population forecast for each county
19 required to adopt an Urban Growth Plan under this Section.
20 Based on the population forecast provided by the Advisory
21 Council, the urban growth area or areas for the county shall
22 include areas and densities sufficient to allow the urban
23 growth that is projected to occur in the county for the
24 succeeding 20-year period.
25 (e) On or before July 1, 1999, or within 2 1/2 years
26 after the end date of the 10-year growth period in the case
27 of a county subject to subsection (b), each county required
28 to designate urban growth areas shall begin consulting with
29 each municipality located within the county's boundaries, and
30 each municipality shall propose the location of an urban
31 growth area. The county shall attempt to reach agreement
32 with each municipality on the location of an urban growth
33 area within which the municipality is located. If an
34 agreement is not reached with each municipality within the
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1 urban growth area, the county shall justify in writing why it
2 designated the area an urban growth area.
3 A municipality may raise a formal objection with the
4 Advisory Council concerning the designation of an urban
5 growth area within which it is located. When appropriate,
6 the Advisory Council shall attempt to resolve conflicts,
7 including through the use of mediation services. The
8 Advisory Council shall prescribe procedures for hearing
9 objections and conducting alternative dispute resolution
10 proceedings.
11 (f) Counties shall adopt Urban Growth Plans in
12 accordance with this Section notwithstanding general
13 statutory limitations concerning county and municipal zoning.
14 Section 25. Intergovernmental cooperation. A
15 municipality or county may enter into and enforce
16 intergovernmental agreements for joint or compatible urban
17 growth planning, as required under this Act, with counties,
18 municipalities, and other units of State and local government
19 notwithstanding general statutory limitations concerning
20 county and municipal zoning.
21 Section 30. Revision of comprehensive plan. If a
22 comprehensive land use plan was adopted by a unit of local
23 government under the Illinois Municipal Code before the
24 designation of an urban growth area that includes the unit of
25 local government, the unit of local government shall revise
26 or amend the comprehensive plan by resolution to bring the
27 comprehensive plan into conformity with the Urban Growth
28 Plan. However, nothing in this Act shall be construed to
29 limit or modify the rights of a person who has been issued a
30 final local development order or authorization if development
31 has commenced and is continuing in good faith or is
32 completed.
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1 Section 35. Public participation. Each county subject
2 to Section 20 of this Act shall provide for public
3 participation in the designation of urban growth areas,
4 including the dissemination of proposals and alternatives,
5 opportunity for written comments, public meetings after
6 timely notice, and consideration of and response to public
7 comments.
8 Section 40. Technical assistance. The Advisory Council
9 shall provide technical assistance to counties and
10 municipalities to encourage and facilitate the adoption and
11 implementation of Urban Growth Plans.
12 Section 45. Home rule preemption. A home rule unit may
13 not conduct land use planning in a manner inconsistent with
14 this Act. This Section is a limitation under subsection (i)
15 of Section 6 of Article VII of the Illinois Constitution on
16 the concurrent exercise by home rule units of powers and
17 functions exercised by the State.
18 Section 105. The State Revenue Sharing Act is amended by
19 changing Section 2 as follows:
20 (30 ILCS 115/2) (from Ch. 85, par. 612)
21 Sec. 2. Allocation and disbursement. As soon as may be
22 after the first day of each month, the Department of Revenue
23 shall allocate among the several municipalities and counties
24 of this State the amount available in the Local Government
25 Distributive Fund and in the Income Tax Surcharge Local
26 Government Distributive Fund, determined as provided in
27 Sections 1 and 1a above. Except as provided in Sections 13
28 and 13.1 of this Act, the Department shall then certify such
29 allocations to the State Comptroller, who shall pay over to
30 the several municipalities and counties the respective
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1 amounts allocated to them. The amount of such Funds
2 allocable to each such municipality and county shall be in
3 proportion to the number of individual residents of such
4 municipality or county to the total population of the State,
5 determined in each case on the basis of the latest census of
6 the State, municipality or county conducted by the Federal
7 government and certified by the Secretary of State and for
8 annexations to municipalities, the latest Federal, State or
9 municipal census of the annexed area which has been certified
10 by the Department of Revenue. For the purpose of this
11 Section, the number of individual residents of a county shall
12 be reduced by the number of individuals residing therein in
13 municipalities, but the number of individual residents of the
14 State, county and municipality shall reflect the latest
15 census of any of them. The amounts transferred into the Local
16 Government Distributive Fund pursuant to Section 9 of the Use
17 Tax Act, Section 9 of the Service Use Tax Act, Section 9 of
18 the Service Occupation Tax Act, and Section 3 of the
19 Retailers' Occupation Tax Act, each as now or hereafter
20 amended, pursuant to the amendments of such Sections by
21 Public Act 85-1135, shall be distributed as provided in said
22 Sections. Notwithstanding any other provision of this
23 Section, the Department of Revenue shall withhold the
24 disbursement to a county that has failed to submit an Urban
25 Growth Plan, as required under the Smart Growth Act, for each
26 month during which the Plan remains unsubmitted.
27 (Source: P.A. 86-18.)
28 Section 110. The State Mandates Act is amended by adding
29 Section 8.23 as follows:
30 (30 ILCS 805/8.23 new)
31 Sec. 8.23. Exempt mandate. Notwithstanding Sections 6
32 and 8 of this Act, no reimbursement by the State is required
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1 for the implementation of any mandate created by this
2 amendatory Act of 1998.
3 Section 115. The Real Property Conservation Rights Act
4 is amended by changing Section 1 as follows:
5 (765 ILCS 120/1) (from Ch. 30, par. 401)
6 Sec. 1. Conservation right.
7 (a) A conservation right is a right, whether stated in
8 the form of a restriction, easement, covenant or condition,
9 or, without limitation, in any other form in any deed, will,
10 plat, or without limitation any other instrument executed by
11 or on behalf of the owner of land or in any condemnation
12 order of taking, appropriate to preserving: (i) the
13 significant physical character and visual characteristics of
14 structures having architectural, historical, or cultural
15 significance, together with any associated real property,
16 whether or not improved; or (ii) land or water areas
17 predominantly in their natural, scenic, open or wooded
18 condition, or as suitable habitat for fish, plants, or
19 wildlife; or (iii) the integrity of archaeological sites and
20 the artifacts or information which they may contain pending
21 properly supervised excavation and investigation; or (iv)
22 land primarily used for the production of food, other
23 agricultural products, or fiber. Without limiting the
24 generality of the foregoing, the instrument conveying or
25 reserving a conservation right may, with respect to either
26 the grantor or grantee, require, prohibit, condition, limit
27 or control any or all of the following:
28 (1) access or public visitation;
29 (2) affirmative acts of alteration, restoration,
30 rehabilitation, repair, maintenance, investigation,
31 documentation, payment of taxes, or compliance with public
32 law and regulations;
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1 (3) conditions of operation, use, restoration,
2 alteration, repair or maintenance;
3 (4) acts detrimental to the preservation of a place;
4 (5) the construction, placement, maintenance in a
5 particular condition, alteration, or removal of roads, signs,
6 billboards or other advertising, utilities or other
7 structures on or above the ground;
8 (6) the dumping or placing of soil or other substance or
9 material as landfill, or dumping or placing of trash, waste
10 or other materials;
11 (7) the excavation, dredging or removal of loam, peat,
12 gravel, soil, rock or other material substance in such manner
13 as to affect the surface or to otherwise alter the topography
14 of the area;
15 (8) the removal or destruction of trees, shrubs or other
16 vegetation;
17 (9) surface use inconsistent with preservation of water
18 or land areas, or the improvement or appurtenance thereto;
19 (9.5) intensive use of land for the location of one or
20 more buildings, structures, or impermeable surfaces to such a
21 degree as to be incompatible with the primary use of the land
22 for the production of food, other agricultural products, or
23 fiber;
24 (10) activities affecting drainage, flood control, water
25 conservation, erosion control or soil conservation, or fish
26 and wildlife habitat preservation; or
27 (11) any other acts or uses having relation to the
28 preservation of structures, sites and water or land areas or
29 the improvements or appurtenances thereto.
30 (b) A conservation right shall be taken to include a
31 preservation restriction as that term is defined in Section
32 11-48.2-1A of the "Illinois Municipal Code", as now or
33 hereafter amended, and shall not be unenforceable on account
34 of lack of privity of estate or contract or lack of benefit
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1 to particular land or on account of the benefit being
2 assigned or assignable. Conservation rights shall be
3 construed and enforced in accordance with their terms, and
4 shall be transferable and transferred, recorded and indexed,
5 in the same manner as fee simple interests in real property,
6 subject only to the limitations provided herein.
7 Conservation rights may be released by the holder of such
8 rights to the holder of the fee even though the holder of the
9 fee may not be an agency of the State, a unit of local
10 government or a not-for-profit corporation or trust.
11 The holder of such rights shall also be permitted to
12 transfer or assign such rights but only to another agency of
13 the State, a unit of local government or to a not-for-profit
14 corporation or trust.
15 (Source: P.A. 80-584.)
16 Section 999. Effective date. This Act takes effect upon
17 becoming law.