State of Illinois
91st General Assembly
Legislation

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[ Introduced ][ Engrossed ][ House Amendment 001 ]
[ House Amendment 003 ]

91_HB0060ham002

 










                                           LRB9100462PTpkam03

 1                     AMENDMENT TO HOUSE BILL 60

 2        AMENDMENT NO.     .  Amend House Bill 60, AS AMENDED,  by
 3    replacing the title with the following:
 4        "AN  ACT to amend the Agricultural Areas Conservation and
 5    Protection Act."; and

 6    by replacing everything after the enacting  clause  with  the
 7    following:

 8        "Section  5.   The  Agricultural  Areas  Conservation and
 9    Protection Act is amended by changing Sections 4, 5, 6, 7, 8,
10    9, 10, 11, 12, 13, 16, 17, 18, and 20.2  and  adding  Section
11    11.5 as follows:

12        (505 ILCS 5/4) (from Ch. 5, par. 1004)
13        Sec. 4. Agricultural areas committee.
14        (a)  A  county  board may establish a county agricultural
15    areas committee that which shall consist of (i) 4 four active
16    farmers, no more than 2 two of whom may shall be of the  same
17    major political party, and (ii) a member of the county board.
18             (1)  The  committee  shall select one of its members
19        to serve as chairperson chairman of the county committee.
20             (2)  The  Such  a  committee  shall  be  established
21        whenever a petition is received by the county  board  for
 
                            -2-            LRB9100462PTpkam03
 1        the  creation  of  an agricultural area under pursuant to
 2        Section 6.  A, provided that no such county committee may
 3        not be established if one has  already  been  established
 4        for the such county.
 5             (3)  Members  of  the such county committee shall be
 6        appointed by and shall  serve  at  the  pleasure  of  the
 7        county appointing authority.
 8             (4)  The members shall serve without salary, but the
 9        county   board   may   entitle   each   such   member  to
10        reimbursement for his actual necessary expenses  incurred
11        in the performance of his official duties.
12        (b)  The  Such committee shall advise the county board in
13    relation to the  proposed  establishment,  modification,  and
14    termination of agricultural areas. The county committee shall
15    render  expert  advice  relating  to the desirability of such
16    action, including advice as to the nature of farming and farm
17    resources within  the  proposed  area  and  the  relation  of
18    farming in the such area to the county as a whole.
19    (Source: P.A. 81-1173.)

20        (505 ILCS 5/5) (from Ch. 5, par. 1005)
21        Sec.  5.   Agricultural  areas;  creation.  Any  owner or
22    owners of land may submit a proposal to the county board  for
23    the  creation  of an agricultural area within the such county
24    according to the following provisions:.
25             (1)  An agricultural area, at the  creation  of  the
26        any such area, shall not be at least less than 350 acres.
27             (2)  The  Such  proposal shall include a description
28        of  the  proposed  area,  including  its  the  boundaries
29        thereof.
30             (3)  The Such territory  shall  be  as  compact  and
31        nearly contiguous as feasible.
32             (4)  An   area  created  under  this  Act  shall  be
33        established for a period of 10 ten years.
 
                            -3-            LRB9100462PTpkam03
 1             (5)  No land shall be included  in  an  agricultural
 2        area without the consent of the owner.
 3             (6)  No  land  within  an agricultural area shall be
 4        used for other than agricultural production as  described
 5        in Sections 3.01 and 3.02 of this Act.
 6             (7)  Agreements   for   the  extraction  of  mineral
 7        resources duly agreed upon before prior to  the  creation
 8        of  an  agricultural  area shall be exempted from the use
 9        provisions of this Section.  In addition, the  extraction
10        of  mineral  resources  conducted  under  pursuant to the
11        Surface Coal Mining Land Conservation and Reclamation Act
12        shall be considered  temporary  land  use  and  shall  be
13        exempted from the use provisions of this Section.
14    (Source: P.A. 84-456.)

15        (505 ILCS 5/6) (from Ch. 5, par. 1006)
16        Sec. 6. Duties of the county board.
17        (a)  Upon  the  receipt  of  such a proposal to create an
18    agricultural area, the county board shall provide  notice  of
19    the  such  proposal (i) by publishing a notice in a newspaper
20    having general circulation within the proposed area or, if no
21    such newspaper has a general circulation within the  proposed
22    area  then  in  a newspaper having general circulation within
23    the county and (ii) by posting the  such  notice  in  5  five
24    conspicuous  places  within  the proposed area. A copy of the
25    such notice shall be sent to the county or regional  planning
26    commission  for  review  or  comment to be made to the county
27    board within 30 days. Such  comment  shall  be  made  to  the
28    county board.
29        The  notice required to be published or posted under this
30    Section shall contain the following information:.
31             (1)  1.   A  statement  that  a  proposal   for   an
32        agricultural  area  has  been filed with the county board
33        under pursuant to this Act.;
 
                            -4-            LRB9100462PTpkam03
 1             (2) 2.  A statement that the  proposal  will  be  on
 2        file  open  to  public  inspection  at the county clerk's
 3        office.;
 4             (3) 3.  A statement that any landowner, owning  land
 5        adjacent to or partially encompassed by the proposed area
 6        ,  may  propose  a modification of the area to include or
 7        exclude such  lands,  within  30  days  of  the  date  of
 8        publication of notice. The Such application shall be made
 9        on forms prescribed by the county board.;
10             (4)  4.  A  statement that any proposed modification
11        must be filed with the county clerk and the clerk of  the
12        county board within 30 days after the publication of the
13        such notice.;
14             (5)  5.  A  statement that at the termination of the
15        30 day period, the proposal  and  proposed  modifications
16        will  be  submitted  to  the county committee, and that a
17        public hearing will be held  on  the  proposal,  proposed
18        modifications,   and   recommendations   of   the  county
19        committee.
20        (b)  The county board shall  receive  any  proposals  for
21    modifications   of  the  such  proposal  that  which  may  be
22    submitted  by  the  landowners  within  30  days  after   the
23    publication of the such notice.
24        (c)  The  county  board  shall  simultaneously,  upon the
25    termination of  the  such  30  day  period,  refer  the  such
26    proposal  and  proposed modifications to the county committee
27    that, which shall, within 45 days, report to the county board
28    its recommendations  concerning  the  proposal  and  proposed
29    modifications.
30    (Source: P.A. 81-1173.)

31        (505 ILCS 5/7) (from Ch. 5, par. 1007)
32        Sec. 7. Public hearing required.
33        (a)  The Agricultural Areas Committee of the county board
 
                            -5-            LRB9100462PTpkam03
 1    shall  hold a public hearing on any proposal for the creation
 2    of an agricultural area. The Such hearing shall be held at  a
 3    place  within the proposed area or a place readily accessible
 4    to the proposed area.
 5        (b)  Notice of the hearing shall contain (i) a  statement
 6    of the time, date, and place of the public hearing and (ii) a
 7    description of the proposed area and any proposed additions.
 8        The  Such  notice  shall  in addition contain a statement
 9    that the public hearing will be he held  concerning  (i)  the
10    original  proposal,  (ii)  any  written  amendments  proposed
11    during   the   30   day   review   period,   and   (iii)  any
12    recommendations proposed  by  the  county  committee  or  the
13    planning commissions.
14        The notice shall (i) be published in a newspaper having a
15    general  circulation  within  the  proposed  area  or  if  no
16    newspaper  has  general circulation within the proposed area,
17    then in a newspaper having  general  circulation  within  the
18    county,  and  (ii)  shall  be given in writing to the persons
19    owning land within such a proposed area and adjacent  to  the
20    proposed area.
21    (Source: P.A. 81-1173.)

22        (505 ILCS 5/8) (from Ch. 5, par. 1008)
23        Sec.   8.  Factors  for  Consideration  in  formation  of
24    agricultural areas.
25        (a)  County  boards,  county  committees,  and   planning
26    commissions  shall  grant a preference to the recommendations
27    of the landowners within the proposed agricultural area.  The
28    following factors should also be considered by county boards,
29    county  committees,  or planning commissions, with respect to
30    the formation of any agricultural area:
31             (1) 1.  The viability of active farming  within  the
32        proposed area and in areas adjacent to the proposed area.
33         thereto;
 
                            -6-            LRB9100462PTpkam03
 1             (2)  2.  The presence of any viable farmlands within
 2        the  proposed  area  and  within  land  adjacent  to  the
 3        proposed area thereto that are not now in active farming.
 4        ;
 5             (3) 3.  The nature and extent  of  land  uses  other
 6        than  active  farming  within  the proposed area and land
 7        adjacent to the proposed area. thereto;
 8             (4) 4.  County developmental patterns and needs.;
 9             (5)  5.  The  existence  of  a   conservation   plan
10        approved   by  the  local  soil  and  water  conservation
11        district.; and
12             (6) 6.  Any other matter that which may be relevant.
13        (b)  In  judging  viability,  any  relevant  agricultural
14    information shall be considered, including:
15             (1)  Soil.,
16             (2)  Climate.,
17             (3)  Topography.,
18             (4)  Other natural factors.,
19             (5)  Markets for farm products.,
20             (6)  The extent and nature of farm improvements.,
21             (7)  The present status of farming.,
22             (8)  Anticipated  trends  in  agricultural  economic
23        conditions and technology., and such
24             (9)  Other factors as may be relevant.
25    (Source: P.A. 84-456.)

26        (505 ILCS 5/9) (from Ch. 5, par. 1009)
27        Sec. 9.  Municipal notice and objections.
28        (a)  If the  proposed  agricultural  area  includes  real
29    estate  within  a  1  and  one-half  1/2 mile radius from the
30    corporate limits of any municipality, the county board  shall
31    notify   the  municipal  authorities  of  the  such  affected
32    municipality of this proposed area.
33        (b)  The Such municipal authorities  may  object  to  the
 
                            -7-            LRB9100462PTpkam03
 1    proposal  if  the  such  objection is presented to the county
 2    board within 30 days of the receipt of the  proposal  by  the
 3    municipal authorities.
 4        Upon  receipt  of the such objection by the county board,
 5    the proposed area shall  be  modified  to  exclude  the  real
 6    estate  within  the  1  and  one-half  1/2 mile radius of the
 7    corporate  limits  of  the  such  municipality,  unless   the
 8    property  in  question  is  approved  for  inclusion  in  the
 9    agricultural area by a favorable vote of three-fourths of all
10    members  of  the  county board.  In counties where the county
11    board consists of  3  members,  only  a  two-thirds  vote  is
12    required.   If  no objection is received within the specified
13    time period, the affected real estate shall  be  included  in
14    the agricultural area.
15    (Source: P.A. 81-1173.)

16        (505 ILCS 5/10) (from Ch. 5, par. 1010)
17        Sec.  10.  Adoption  of  plan by county board. The county
18    board, After receiving the reports of  the  county  committee
19    and  other  comments,  and after the such public hearing, the
20    county board  may  adopt  as  a  plan  the  proposal  or  any
21    modification  of  the  proposal  it  deems  appropriate.  The
22    proposal may include, including the inclusion, to the  extent
23    feasible,  of  adjacent viable farmlands, and may exclude the
24    exclusion, to the extent feasible, of non-viable farmland and
25    non-farm land. The county board shall act to adopt or  reject
26    the  proposal,  or  any  modification of it not later than 45
27    days from the date that the county committee's recommendation
28    on the proposal was submitted to it.  The county board  shall
29    notify  the  Department  of  Agriculture  of  the adoption or
30    rejection of the proposal and shall  provide  the  Department
31    with a description of the agricultural area within 45 days of
32    taking the such action.
33    (Source: P.A. 84-456.)
 
                            -8-            LRB9100462PTpkam03
 1        (505 ILCS 5/11) (from Ch. 5, par. 1011)
 2        Sec.  11.  Filing  Requirement  that  description of area
 3    Agricultural Areas be filed with county clerk  and  recorder.
 4    Upon the creation or alteration of an agricultural area, the
 5    county  board  must file the description and the accompanying
 6    board resolution or ordinance: thereof shall be filed by  the
 7    county board
 8             (1)  With the county clerk.
 9             (2)  Such description shall also be placed On record
10        in the office of the recorder.
11    (Source: P.A. 84-456.)

12        (505 ILCS 5/11.5 new)
13        Sec.  11.5.  Stewardship  agreements.   The Department of
14    Agriculture may enter into agreements  with  any  federal  or
15    State  agency,  other entity, or with any landowner within an
16    agricultural area or proposed agricultural  area  as  may  be
17    necessary to furnish surveys, engineering, and assistance for
18    the   formation,   expansion,   maintenance,  or  renewal  of
19    agricultural  conservation  practices.   The  Department   of
20    Agriculture  must  develop, by rule, an incentive program for
21    land stewardship that pays up to 75% of the  costs  of  these
22    conservation   practices  for  land  that  is  designated  or
23    proposed to be designated as an agricultural area.

24        (505 ILCS 5/12) (from Ch. 5, par. 1012)
25        Sec. 12. Petition for Withdrawal. Any person owning  land
26    within  an  agricultural  area  may  submit a petition to the
27    county board requesting  the  withdrawal  of  land  from  the
28    agricultural  area  located within that county. Such petition
29    must contain:
30        1.  A statement indicating the proposed  alternative  use
31    of the land.
32        2.  An  explanation  of  the  necessity  for changing the
 
                            -9-            LRB9100462PTpkam03
 1    current use.
 2        3.  An explanation why land outside the agricultural area
 3    would not be suitable for proposed use.
 4    (Source: P.A. 81-1173.)

 5        (505 ILCS 5/13) (from Ch. 5, par. 1013)
 6        Sec. 13. Procedures for  Consideration  of  Petition  for
 7    Withdrawal.
 8        1.  Within  5  days  after  the receipt of a petition for
 9    withdrawal of land from  an  agricultural  area,  the  county
10    board shall provide notice of such petition by certified mail
11    to all record owners of property in the agricultural area and
12      by  publishing  a  notice  in  a  newspaper  having general
13    circulation in the immediate area of the affected land or, if
14    no such newspaper has a general circulation within such area,
15    then in a newspaper having  general  circulation  within  the
16    county,  and  by  posting such notice in 5 conspicuous places
17    within the immediate area of the affected land.  Such  notice
18    shall contain the following information:
19             (a)  a  statement  that a petition for withdrawal of
20        land from an agricultural area has been  filed  with  the
21        county board pursuant to this Act;
22             (b)  a  statement  that the petition will be on file
23        open to public inspection at the county clerk's office;
24             (c)  a brief, narrative description of the  location
25        of the affected land;
26             (d)  a  statement  of  the proposed non-agricultural
27        use of the land;
28             (e)  a statement that the petition will be  referred
29        to  the  county  committee and to the regional and county
30        planning commissions, if any, for review and comment;
31             (f)  a statement that a public hearing will be  held
32        within 60 days on the petition and on the recommendations
33        of  the  county  committee and of the regional and county
 
                            -10-           LRB9100462PTpkam03
 1        planning commissions, if any, at a time and place  to  be
 2        announced.
 3        2.  Within  5  days  after  the receipt of a petition for
 4    withdrawal of land from  an  agricultural  area,  the  county
 5    board shall refer the petition to the county committee, which
 6    shall,  within 30 days of its receipt of the petition, report
 7    to the county board its recommendations.
 8        3.  Within 5 days after the receipt  of  a  petition  for
 9    withdrawal  of  land  from  an  agricultural area, the county
10    board shall refer the petition to  the  regional  and  county
11    planning  commissions, if any, which shall, within 30 days of
12    their receipt of the petition, report  to  the  county  board
13    their  recommendations concerning the potential effect of the
14    withdrawal  of  land  from  an  agricultural  area  upon  the
15    development patterns and needs of the  county  and  upon  the
16    county's planning objectives.
17    (Source: P.A. 81-1173.)

18        (505 ILCS 5/16) (from Ch. 5, par. 1016)
19        Sec.  16.   Review of agricultural areas by county board.
20    The county board shall review any agricultural  area  created
21    under this Act every 10 years after the date of its creation
22    and  every 8 years thereafter. In conducting the such review,
23    the county board shall:
24             (1)  Grant a preference to  the  recommendations  of
25        the landowners in the agricultural area.
26             (2)  Ask  for  the  recommendations  of  the  county
27        committee., and shall,
28             (3)  At  least  120 days before the 10-year prior to
29        such date, require the Agricultural  Areas  Committee  to
30        hold a public hearing at a place within the area or other
31        readily  accessible  place.   The Committee must give (i)
32        upon notice being given in  a  newspaper  having  general
33        circulation  within  the  area  or  if  there  is no such
 
                            -11-           LRB9100462PTpkam03
 1        newspaper, then in a newspaper having general circulation
 2        within the county, and (ii) individual notice in  writing
 3        to  the  persons  owning  land  within  the  area, to the
 4        persons owning land adjacent to  the  area,  and  to  the
 5        county or regional planning commission.
 6        Included  in  the notice to the landowners owning land in
 7    the  agricultural  area  shall  be  a  statement   that,   by
 8    submitting a letter to the agricultural areas committee at or
 9    prior to the public hearing, any landowner of land within the
10    agricultural area may request that his or her land be removed
11    from  the  agricultural area to be reviewed.  The letter must
12    contain:
13             (1)  a request to remove land from the  agricultural
14        area;
15             (2)  an  affidavit  that the author is the landowner
16        of the land proposed for removal  from  the  agricultural
17        area; and
18             (3)  a  legal  description,  map, and acres proposed
19        for removal from the agricultural area.
20    The land described in the letter shall no longer be  included
21    in the agricultural area.
22        The   county   board   After  receiving  the  landowners'
23    recommendations and the reports of the county  committee  and
24    after  the public hearing, the county board may (i) terminate
25    the area at the end of a such 10 or 8 year period periods  by
26    filing  a  notice  of termination with the county clerk, (ii)
27    decide not to take any action, or (iii) the county board  may
28    modify  the area in the same manner as is provided in Section
29    6 of this Act.  If the county board does not  act,  the  area
30    shall  continue  as originally constituted.  The county board
31    shall notify the Department of Agriculture of any alterations
32    to an agricultural area or the termination of an agricultural
33    area within 45 days of taking the such action.
34    (Source: P.A. 84-456.)
 
                            -12-           LRB9100462PTpkam03
 1        (505 ILCS 5/17) (from Ch. 5, par. 1017)
 2        Sec. 17. Petition for dissolution. Ten  years  after  the
 3    date  of creation of any agricultural area and every 10 years
 4    thereafter, owners of land within the such area may  petition
 5    the county board to dissolve the area. The Such petition must
 6    be  submitted  in writing to the county board during the year
 7    120 day period immediately prior to the 10th  anniversary  of
 8    the  creation  of  the area.  If Should the petition contains
 9    contain signatures of at least two-thirds of the  landowners,
10    their  heirs,  assigns  or  representatives,  owning at least
11    two-thirds of the land within the area,  the  area  shall  be
12    dissolved.   The  county board shall notify the Department of
13    Agriculture of  the  dissolution  of  any  agricultural  area
14    within 45 days of taking the such action.
15    (Source: P.A. 84-456.)

16        (505 ILCS 5/18) (from Ch. 5, par. 1018)
17        Sec. 18. Limitation on local regulations and on suits. No
18    local  government  shall  exercise any of its powers to enact
19    local laws or ordinances within an  agricultural  area  in  a
20    manner  that  which  would  unreasonably restrict or regulate
21    farm  structures  or   farming   practices,   including   the
22    acquisition  of  land  by  annexation  or  eminent domain, in
23    contravention of the purposes of this Act.
24        The owners of land within the agricultural area  may  not
25    be  subjected  to  a  civil  action for nuisance by a private
26    party.  The Department  of  Agriculture  may  give  technical
27    assistance  and  provide  other  resources for owners of land
28    within an agricultural area if subjected to any other private
29    civil action.  Nothing in this Act shall be  construed  as  a
30    limitation  or  preemption  of  any  statutory  or regulatory
31    authority arising under subsection (a) of Section  9  of  the
32    Environmental Protection Act.
33        The  unless  such  restrictions  or  regulations  may  be
 
                            -13-           LRB9100462PTpkam03
 1    adopted and the nuisance suits may be allowed if bearing bear
 2     a direct relationship to the public health or safety.
 3    (Source: P.A. 81-1173.)

 4        (505 ILCS 5/20.2) (from Ch. 5, par. 1020.2)
 5        Sec. 20.2.  Adding land to designated agricultural areas.
 6    Any  petition  proposal  for  adding  land  to  a  designated
 7    agricultural area shall be subject to the same procedures for
 8    creating  a  new agricultural area as specified in Sections 5
 9    through 10 of this Act.  No minimum acreage shall be required
10    for adding land to an agricultural area be submitted  to  the
11    county  board  which shall forward the proposal to the county
12    committee within 10 days.  Within 45 days from the  date  the
13    proposal  was  submitted  to  it,  the county committee shall
14    review  the  proposed  addition  and  shall   recommend   the
15    approval,  disapproval  or  modification of the proposal. The
16    county committee shall submit a report of its recommendations
17    to the county board which shall act  on  the  recommendations
18    within 30 days.  The county board shall notify the Department
19    of  Agriculture  of  any  addition  of  land  to a designated
20    agricultural area within 45 days of taking such  action.  Any
21    land  added  to  a  designated  agricultural  area under this
22    Section shall be subject to review under Section  16  at  the
23    same  times  as  the original area is subject to such review.
24    The dates for such review  and  the  period  during  which  a
25    petition  may be filed under Section 17 shall not be affected
26    by the addition of land under this Section.
27    (Source: P.A. 84-456.)

28        Section 99.  Effective date.  This Act takes effect  upon
29    becoming law.".

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