State of Illinois
91st General Assembly
Legislation

   [ Search ]   [ Legislation ]
[ Home ]   [ Back ]   [ Bottom ]


[ Introduced ][ Engrossed ][ House Amendment 001 ]
[ House Amendment 002 ]

91_HB0060ham003

 










                                           LRB9100462PTpkam05

 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  shall  may  establish  a  county
15    agricultural areas committee that which shall consist of  (i)
16    4 four active farmers, no more than 2 two of whom shall be of
17    the  same  major  political  party,  and (ii) a member of the
18    county board.
19             (1)  The committee shall select one of  its  members
20        to serve as chairperson chairman of the county committee.
21             (2)  The  Such  a  committee  shall  be  established
 
                            -2-            LRB9100462PTpkam05
 1        whenever  a  petition is received by the county board for
 2        the creation of an agricultural area  under  pursuant  to
 3        Section 6.  A, provided that no such county committee may
 4        not  be  established  if one has already been established
 5        for the such county.
 6             (3)  Members of the such county committee  shall  be
 7        appointed  by  and  shall  serve  at  the pleasure of the
 8        county appointing authority.
 9             (4)  The members shall serve without salary, but the
10        county  board   may   entitle   each   such   member   to
11        reimbursement  for his actual necessary expenses incurred
12        in the performance of his official duties.
13        (b)  The Such committee shall advise the county board  in
14    relation  to  the  proposed  establishment, modification, and
15    termination of agricultural areas. The county committee shall
16    render expert advice relating to  the  desirability  of  such
17    action, including advice as to the nature of farming and farm
18    resources  within  the  proposed  area  and  the  relation of
19    farming in the such area to the county as a whole.
20    (Source: P.A. 81-1173.)

21        (505 ILCS 5/5) (from Ch. 5, par. 1005)
22        Sec. 5.   Agricultural  areas;  creation.  Any  owner  or
23    owners  of  land may submit a petition proposal to the county
24    board for the creation of an  agricultural  area  within  the
25    such county according to the following provisions:.
26             (1)  An  agricultural  area,  at the creation of the
27        any such area, shall not be at least less than 350 acres.
28             (2)  The petition  Such  proposal  shall  include  a
29        description  of  the  proposed  area,  including  its the
30        boundaries thereof.
31             (3)  The Such territory  shall  be  as  compact  and
32        nearly contiguous as feasible.
33             (4)  An   area  created  under  this  Act  shall  be
 
                            -3-            LRB9100462PTpkam05
 1        established for a period of 10 ten years.
 2             (5)  No land shall be included  in  an  agricultural
 3        area without the consent of the owner.
 4             (6)  No  land  within  an agricultural area shall be
 5        used for other than agricultural production as  described
 6        in Sections 3.01 and 3.02 of this Act.
 7             (7)  Agreements   for   the  extraction  of  mineral
 8        resources duly agreed upon before prior to  the  creation
 9        of  an  agricultural  area shall be exempted from the use
10        provisions of this Section.  In addition, the  extraction
11        of  mineral  resources  conducted  under  pursuant to the
12        Surface Coal Mining Land Conservation and Reclamation Act
13        shall be considered  temporary  land  use  and  shall  be
14        exempted from the use provisions of this Section.
15    (Source: P.A. 84-456.)

16        (505 ILCS 5/6) (from Ch. 5, par. 1006)
17        Sec. 6. Duties of the county board.
18        (a)  Within  10  days after receiving Upon the receipt of
19    such a petition to create an agricultural area proposal,  the
20    county  board  shall  provide notice of the petition (i) such
21    proposal by publishing a notice in a newspaper having general
22    circulation within the proposed area or, if no such newspaper
23    has a general circulation within the proposed area then in  a
24    newspaper  having  general  circulation within the county and
25    (ii) by posting the such notice in 5 five conspicuous  places
26    within  the proposed area. A copy of the such notice shall be
27    sent to the county or regional planning commission for review
28    or written comment to be made to the county board  within  30
29    days. Such comment shall be made to the county board.
30        The  notice required to be published or posted under this
31    Section shall contain the following information:.
32             (1) 1.  A statement that a petition proposal for  an
33        agricultural  area  has  been filed with the county board
 
                            -4-            LRB9100462PTpkam05
 1        under pursuant to this Act.;
 2             (2) 2.  A statement that the petition proposal  will
 3        be  on  file  open  to  public  inspection  at the county
 4        clerk's office.;
 5             (3) 3.  A statement that any landowner, owning  land
 6        adjacent to or partially encompassed by the proposed area
 7        ,  may  propose  a modification of the area to include or
 8        exclude such  lands,  within  30  days  of  the  date  of
 9        publication   of   the  newspaper  notice.  The  proposed
10        modification Such application  shall  be  made  on  forms
11        prescribed by the county board.;
12             (4)  4.  A  statement that any proposed modification
13        must be filed with the county clerk and the clerk of  the
14        county  board within 30 days after the publication of the
15        newspaper such notice.;
16             (5) 5.  A statement that at the termination  of  the
17        30   day  period,  the  petition  proposal  and  proposed
18        modifications will be submitted to the county  committee,
19        and  that  a  public hearing will be held on the petition
20        proposal, proposed modifications, and recommendations  of
21        the county committee.
22        (b)  The   county   board  shall  receive  any  petitions
23    proposals  for  modifications  of  the  petition  that   such
24    proposal  which  may be submitted by the landowners within 30
25    days after the publication of the such notice.
26        (c)  The county  board  shall  simultaneously,  upon  the
27    termination  of  the  such  30 day period, refer the petition
28    such  proposal  and  proposed  modifications  to  the  county
29    committee that, which shall, within 45 days,  report  to  the
30    county  board  its  recommendations  concerning  the petition
31    proposal and proposed modifications.
32    (Source: P.A. 81-1173.)

33        (505 ILCS 5/7) (from Ch. 5, par. 1007)
 
                            -5-            LRB9100462PTpkam05
 1        Sec. 7. Public hearing required.
 2        (a)  The Agricultural Areas Committee of the county board
 3    shall hold a public hearing on any petition proposal for  the
 4    creation  of an agricultural area.  The Such hearing shall be
 5    held at a place within the proposed area or a  place  readily
 6    accessible to the proposed area.
 7        (b)  Notice  of the hearing shall contain (i) a statement
 8    of the time, date, and place of the public hearing and (ii) a
 9    description of the proposed area and any proposed additions.
10        The Such notice shall in  addition  contain  a  statement
11    that  the  public  hearing will be he held concerning (i) the
12    original petition proposal, (ii)  any  written  modifications
13    amendments  proposed  during  the  30  day review period, and
14    (iii) any recommendations proposed by the county committee or
15    the planning commissions.
16        The notice shall (i) be published in a newspaper having a
17    general  circulation  within  the  proposed  area  or  if  no
18    newspaper has general circulation within the  proposed  area,
19    then  in  a  newspaper  having general circulation within the
20    county, and (ii) shall be given in  writing  to  the  persons
21    owning  land  within such a proposed area and adjacent to the
22    proposed area.
23    (Source: P.A. 81-1173; revised 12-23-98.)

24        (505 ILCS 5/8) (from Ch. 5, par. 1008)
25        Sec.  8.  Factors  for  Consideration  in  formation   of
26    agricultural areas.
27        (a)  County   boards,  county  committees,  and  planning
28    commissions shall grant a preference to  the  recommendations
29    of  the landowners within the proposed agricultural area. The
30    following factors should also be considered by county boards,
31    county committees, or planning commissions, with  respect  to
32    the formation of any agricultural area:
33             (1)  1.   The viability of active farming within the
 
                            -6-            LRB9100462PTpkam05
 1        proposed area and in areas adjacent to the proposed area.
 2         thereto;
 3             (2) 2.  The presence of any viable farmlands  within
 4        the  proposed  area  and  within  land  adjacent  to  the
 5        proposed area thereto that are not now in active farming.
 6        ;
 7             (3)  3.   The  nature  and extent of land uses other
 8        than active farming within the  proposed  area  and  land
 9        adjacent to the proposed area. thereto;
10             (4)  4.   County  developmental patterns, plans, and
11        needs.;
12             (5)  5.  The  existence  of  a   conservation   plan
13        approved   by  the  local  soil  and  water  conservation
14        district.; and
15             (6) 6.  Any other matter that which may be relevant.
16        (b)  In  judging  viability,  any  relevant  agricultural
17    information shall be considered, including:
18             (1)  Soil.,
19             (2)  Climate.,
20             (3)  Topography.,
21             (4)  Other natural factors.,
22             (5)  Markets for farm products.,
23             (6)  The extent and nature of farm improvements.,
24             (7)  The present status of farming.,
25             (8)  Anticipated  trends  in  agricultural  economic
26        conditions and technology., and such
27             (9)  Other factors as may be relevant.
28    (Source: P.A. 84-456.)

29        (505 ILCS 5/9) (from Ch. 5, par. 1009)
30        Sec. 9.  Municipal notice and objections.
31        (a)  If the  proposed  agricultural  area  includes  real
32    estate  within  a  1  and  one-half  1/2 mile radius from the
33    corporate limits of any municipality, the county board  shall
 
                            -7-            LRB9100462PTpkam05
 1    notify   the  municipal  authorities  of  the  such  affected
 2    municipality of this proposed area.
 3        (b)  The Such municipal authorities  may  object  to  the
 4    petition  proposal  if the such objection is presented to the
 5    county board within 30 days of the receipt  of  the  petition
 6    proposal by the municipal authorities.
 7        Upon  receipt  of the such objection by the county board,
 8    the proposed area shall  be  modified  to  exclude  the  real
 9    estate  within  the  1  and  one-half  1/2 mile radius of the
10    corporate  limits  of  the  such  municipality,  unless   the
11    property  in  question  is  approved  for  inclusion  in  the
12    agricultural area by a favorable vote of three-fourths of all
13    members  of  the  county board.  In counties where the county
14    board consists of  3  members,  only  a  two-thirds  vote  is
15    required.   If  no objection is received within the specified
16    time period, the affected real estate shall  be  included  in
17    the agricultural area.
18    (Source: P.A. 81-1173.)

19        (505 ILCS 5/10) (from Ch. 5, par. 1010)
20        Sec.  10.  Adoption of petition plan by county board. The
21    county board, After  receiving  the  reports  of  the  county
22    committee  and  other  comments,  and  after  the such public
23    hearing, the county board may adopt as a  plan  the  petition
24    proposal  or  any  modification  of  the petition proposal it
25    deems appropriate, including the  inclusion,  to  the  extent
26    feasible,  of  adjacent viable farmlands, and may exclude the
27    exclusion, to the extent feasible, of non-viable farmland and
28    non-farm land. The county board shall act to adopt or  reject
29    the  petition  proposal,  or any modification of it not later
30    than 45 days  from  the  date  that  the  county  committee's
31    recommendation  on the petition proposal was submitted to it.
32    The county board shall notify the Department  of  Agriculture
33    of  the  adoption  or  rejection of the petition proposal and
 
                            -8-            LRB9100462PTpkam05
 1    shall provide  the  Department  with  a  description  of  the
 2    agricultural area within 45 days of taking the such action.
 3    (Source: P.A. 84-456.)

 4        (505 ILCS 5/11) (from Ch. 5, par. 1011)
 5        Sec.  11.  Filing  Requirement  that  description of area
 6    Agricultural Areas be filed with county clerk  and  recorder.
 7    Upon the creation or alteration of an agricultural area, the
 8    county  board  must file the description and the accompanying
 9    board resolution or ordinance: thereof shall be filed by  the
10    county board
11             (1)  With the county clerk.
12             (2)  Such description shall also be placed On record
13        in the office of the recorder.
14    (Source: P.A. 84-456.)

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

27        (505 ILCS 5/12) (from Ch. 5, par. 1012)
28        Sec. 12. Petition for Withdrawal. Any person owning  land
29    within  an  agricultural  area  may  submit a petition to the
30    county board requesting  the  withdrawal  of  land  from  the
31    agricultural  area  located within that county. Such petition
 
                            -9-            LRB9100462PTpkam05
 1    must contain:
 2        1.  A statement indicating the proposed  alternative  use
 3    of the land.
 4        2.  An  explanation  of  the  necessity  for changing the
 5    current use.
 6        3.  An explanation why land outside the agricultural area
 7    would not be suitable for proposed use.
 8        4.  A legal description, map, and  acreage  of  the  land
 9    proposed for withdrawal.
10    (Source: P.A. 81-1173.)

11        (505 ILCS 5/13) (from Ch. 5, par. 1013)
12        Sec.  13.  Procedures  for  Consideration of Petition for
13    Withdrawal.
14        1. Within 5 days after the  receipt  of  a  petition  for
15    withdrawal  of  land  from  an  agricultural area, the county
16    board shall provide notice of such petition by certified mail
17    to all record owners of property in the agricultural area and
18     by  publishing  a  notice  in  a  newspaper  having  general
19    circulation in the immediate area of the affected land or, if
20    no such newspaper has a general circulation within such area,
21    then  in  a  newspaper  having general circulation within the
22    county, and by posting such notice in  5  conspicuous  places
23    within  the  immediate area of the affected land. Such notice
24    shall contain the following information:
25             (a)  a statement that a petition for  withdrawal  of
26        land  from  an  agricultural area has been filed with the
27        county board pursuant to this Act;
28             (b)  a statement that the petition will be  on  file
29        open to public inspection at the county clerk's office;
30             (c)  a  brief, narrative description of the location
31        of the affected land;
32             (d)  a statement of  the  proposed  non-agricultural
33        use of the land;
 
                            -10-           LRB9100462PTpkam05
 1             (e)  a  statement that the petition will be referred
 2        to the county committee and to the  regional  and  county
 3        planning commissions, if any, for review and comment;
 4             (f)  a  statement that a public hearing will be held
 5        within 60 days on the petition and on the recommendations
 6        of the county committee and of the  regional  and  county
 7        planning  commissions,  if any, at a time and place to be
 8        announced.
 9        2.  Within 5 days after the receipt  of  a  petition  for
10    withdrawal  of  land  from  an  agricultural area, the county
11    board shall refer the petition to the county committee, which
12    shall, within 30 days of its receipt of the petition,  report
13    to the county board its recommendations.
14        3.  Within  5  days  after  the receipt of a petition for
15    withdrawal of land from  an  agricultural  area,  the  county
16    board  shall  refer  the  petition to the regional and county
17    planning commissions, if any, which shall, within 30 days  of
18    their  receipt  of  the  petition, report to the county board
19    their recommendations concerning the potential effect of  the
20    withdrawal  of  land  from  an  agricultural  area  upon  the
21    development  patterns  and  needs  of the county and upon the
22    county's planning objectives.
23    (Source: P.A. 81-1173.)

24        (505 ILCS 5/16) (from Ch. 5, par. 1016)
25        Sec. 16.  Review of agricultural areas by  county  board.
26    The  county  board shall review any agricultural area created
27    under this Act every 10 years after the date of its creation
28    and every 8 years thereafter. In conducting the such  review,
29    the county board shall:
30             (1)  Grant  a  preference  to the recommendations of
31        the landowners in the agricultural area.
32             (2)  Ask  for  the  recommendations  of  the  county
33        committee., and shall,
 
                            -11-           LRB9100462PTpkam05
 1             (3)  At least 120 days before the 10-year  prior  to
 2        such  date,  require  the Agricultural Areas Committee to
 3        hold a public hearing at a place within the area or other
 4        readily accessible place.  The Committee  must  give  (i)
 5        upon  notice  being  given  in a newspaper having general
 6        circulation within the  area  or  if  there  is  no  such
 7        newspaper, then in a newspaper having general circulation
 8        within  the county, and (ii) individual notice in writing
 9        to the persons  owning  land  within  the  area,  to  the
10        persons  owning  land  adjacent  to  the area, and to the
11        county or regional planning commission.
12        Included in the notice to the landowners owning  land  in
13    the   agricultural   area  shall  be  a  statement  that,  by
14    submitting a letter to the agricultural areas committee at or
15    prior to the public hearing, any landowner of land within the
16    agricultural area may request that his or her land be removed
17    from the agricultural area to be reviewed.  The  letter  must
18    contain:
19             (1)  a  request to remove land from the agricultural
20        area;
21             (2)  an affidavit that the author is  the  landowner
22        of  the  land  proposed for removal from the agricultural
23        area; and
24             (3)  a legal description, map,  and  acres  proposed
25        for removal from the agricultural area.
26    The  land described in the letter shall no longer be included
27    in the agricultural area.
28        The  county  board  After   receiving   the   landowners'
29    recommendations  and  the reports of the county committee and
30    after the public hearing, the county board may (i)  terminate
31    the  area at the end of a such 10 or 8 year period periods by
32    filing a notice of termination with the  county  clerk,  (ii)
33    decide  not to take any action, or (iii) the county board may
34    modify the area in the same manner as is provided in  Section
 
                            -12-           LRB9100462PTpkam05
 1    6  of  this  Act.  If the county board does not act, the area
 2    shall continue as originally constituted.  The  county  board
 3    shall notify the Department of Agriculture of any alterations
 4    to an agricultural area or the termination of an agricultural
 5    area within 45 days of taking the such action.
 6    (Source: P.A. 84-456.)

 7        (505 ILCS 5/17) (from Ch. 5, par. 1017)
 8        Sec.  17.  Petition  for dissolution. Ten years after the
 9    date of creation of any agricultural area and every 10  years
10    thereafter,  owners of land within the such area may petition
11    the county board to dissolve the area. The Such petition must
12    be submitted in writing to the county board during  the  year
13    120  day  period immediately prior to the 10th anniversary of
14    the creation of the area.  If Should  the  petition  contains
15    contain  signatures of at least two-thirds of the landowners,
16    their heirs, assigns  or  representatives,  owning  at  least
17    two-thirds  of  the  land  within the area, the area shall be
18    dissolved.  The county board shall notify the  Department  of
19    Agriculture  of  the  dissolution  of  any  agricultural area
20    within 45 days of taking the such action.
21    (Source: P.A. 84-456.)

22        (505 ILCS 5/18) (from Ch. 5, par. 1018)
23        Sec. 18. Limitation on local regulations and on suits. No
24    local government shall exercise any of its  powers  to  enact
25    local  laws  or  ordinances  within an agricultural area in a
26    manner that which would  unreasonably  restrict  or  regulate
27    farm   structures   or   farming   practices,  including  the
28    acquisition of land  by  annexation  or  eminent  domain,  in
29    contravention of the purposes of this Act.
30        The  owners  of land within the agricultural area may not
31    be subjected to a civil action  for  nuisance  by  a  private
32    party.   The  Department  of Agriculture shall give technical
 
                            -13-           LRB9100462PTpkam05
 1    assistance and provide other resources  for  owners  of  land
 2    within an agricultural area if subjected to any other private
 3    civil  action.  Nothing  in  this Act shall be construed as a
 4    limitation or  preemption  of  any  statutory  or  regulatory
 5    authority  arising  under  subsection (a) of Section 9 of the
 6    Environmental Protection Act.
 7        The  unless  such  restrictions  or  regulations  may  be
 8    adopted and the nuisance suits may be allowed if bearing bear
 9     a direct relationship to the public health or safety.
10    (Source: P.A. 81-1173.)

11        (505 ILCS 5/20.2) (from Ch. 5, par. 1020.2)
12        Sec. 20.2.  Adding land to designated agricultural areas.
13    Any  petition  proposal  for  adding  land  to  a  designated
14    agricultural area shall be  submitted  to  the  county  board
15    which  shall  forward  the  proposal  to the county committee
16    within 10 days.  Within 45 days from the  date  the  petition
17    proposal  was  submitted  to  it,  the county committee shall
18    review  the  proposed  addition  and  shall   recommend   the
19    approval,   disapproval   or  modification  of  the  petition
20    proposal. The county committee shall submit a report  of  its
21    recommendations  to  the  county board which shall act on the
22    recommendations within  30  days.   The  county  board  shall
23    notify  the Department of Agriculture of any addition of land
24    to a designated agricultural area within 45  days  of  taking
25    such action. Any land added to a designated agricultural area
26    under  this  Section shall be subject to review under Section
27    16 at the same times as the original area is subject to  such
28    review.   The  dates  for  such  review and the period during
29    which a petition may be filed under Section 17 shall  not  be
30    affected by the addition of land under this Section.
31    (Source: P.A. 84-456.)

32        Section  99.  Effective date.  This Act takes effect upon
 
                            -14-           LRB9100462PTpkam05
 1    becoming law.".

[ Top ]