093_HB0230

 
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 1        AN  ACT  to amend the Agricultural Areas Conservation and
 2    Protection Act.

 3        Be it  enacted  by  the  People  of  the  State  of  Illinois,
 4    represented in the General Assembly:

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

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

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

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

20        (505 ILCS 5/7) (from Ch. 5, par. 1007)
21        Sec. 7.  Public hearing required.
22        (a)  The Agricultural Areas Committee of the county board
23    shall hold a public hearing on any petition proposal for  the
24    creation  of an agricultural area.  The Such hearing shall be
25    held at a place within the proposed area or a  place  readily
26    accessible to the proposed area.
27        (b)  Notice  of the hearing shall contain (i) a statement
28    of the time, date, and place of the public hearing and (ii) a
29    description of the proposed area and any proposed  additions.
30    The  Such  notice  shall in addition contain a statement that
31    the public hearing will be held concerning (i)  the  original
32    petition  proposal, (ii) any written modifications amendments
33    proposed during the 30  day  review  period,  and  (iii)  any
 
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 1    recommendations  proposed  by  the  county  committee  or the
 2    planning commissions.  The notice shall (i) be published in a
 3    newspaper having a general circulation  within  the  proposed
 4    area  or  if  no newspaper has general circulation within the
 5    proposed area, then in a newspaper having general circulation
 6    within the county, and (ii) shall be given in writing to  the
 7    persons  owning land within such a proposed area and adjacent
 8    to the proposed area.
 9    (Source: P.A. 91-357, eff. 7-29-99.)

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

17        (505 ILCS 5/9) (from Ch. 5, par. 1009)
18        Sec. 9.  Municipal notice and objections.
19        (a)  If the  proposed  agricultural  area  includes  real
20    estate  within  a  1  and  one-half  1/2 mile radius from the
21    corporate limits of any municipality, the county board  shall
22    notify   the  municipal  authorities  of  the  such  affected
23    municipality of this proposed area.
24        (b)  The Such municipal authorities  may  object  to  the
25    petition  proposal  if the such objection is presented to the
26    county board within 30 days  after  of  the  receipt  of  the
27    petition proposal by the municipal authorities.
28        Upon  receipt of the such objection by the county board:,
29    (i) the proposed area shall be modified to exclude  the  real
30    estate within the one-half 1 1/2 mile radius of the corporate
31    limits  of  the such municipality, and (ii) the proposed area
32    shall be modified  to  exclude  the  real  estate  between  a
33    one-half  and  one  and one-half mile radius of the corporate
 
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 1    limits of the municipality unless the property in question is
 2    approved  for  inclusion  in  the  agricultural  area  by   a
 3    favorable  vote of three-fourths of all members of the county
 4    board.  If no objection is received within the specified time
 5    period, the affected real estate shall  be  included  in  the
 6    agricultural area.
 7    (Source: P.A. 81-1173.)

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

26        (505 ILCS 5/11) (from Ch. 5, par. 1011)
27        Sec.  11.  Filing  Requirement  that  description of area
28    Agricultural Areas be filed with county clerk  and  recorder.
29    Upon  the creation or alteration of an agricultural area, the
30    county board must file the description and  the  accompanying
31    board  resolution or ordinance: thereof shall be filed by the
32    county board
 
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 1             (1)  With the county clerk.
 2             (2)  Such description shall also be placed On record
 3        in the office of the recorder.
 4    (Source: P.A. 84-456.)

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

17        (505 ILCS 5/12) (from Ch. 5, par. 1012)
18        Sec.  12. Petition for Withdrawal. Any person owning land
19    within an agricultural area may  submit  a  petition  to  the
20    county  board  requesting  the  withdrawal  of  land from the
21    agricultural area located within that county.  Such  petition
22    must contain:
23        1.  A  statement  indicating the proposed alternative use
24    of the land.
25        2.  An explanation of  the  necessity  for  changing  the
26    current use.
27        3.  An explanation why land outside the agricultural area
28    would not be suitable for proposed use.
29        4.  A  legal  description,  map,  and acreage of the land
30    proposed for withdrawal.
31    (Source: P.A. 81-1173.)
 
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 1        (505 ILCS 5/13) (from Ch. 5, par. 1013)
 2        Sec. 13.  Procedures for Consideration  of  Petition  for
 3    Withdrawal.
 4        1.  Within  5  days  after  the receipt of a petition for
 5    withdrawal of land from  an  agricultural  area,  the  county
 6    board shall provide notice of such petition by certified mail
 7    to all record owners of property in the agricultural area and
 8    by   publishing  a  notice  in  a  newspaper  having  general
 9    circulation in the immediate area of the affected land or, if
10    no such newspaper has a general circulation within such area,
11    then in a newspaper having  general  circulation  within  the
12    county,  and  by  posting such notice in 5 conspicuous places
13    within the immediate area of the affected land.  Such  notice
14    shall contain the following information:
15             (a)  a  statement  that a petition for withdrawal of
16        land from an agricultural area has been  filed  with  the
17        county board pursuant to this Act;
18             (b)  a  statement  that the petition will be on file
19        open to public inspection at the county clerk's office;
20             (c)  a brief, narrative description of the  location
21        of the affected land;
22             (d)  a  statement  of  the proposed non-agricultural
23        use of the land;
24             (e)  a statement that the petition will be  referred
25        to  the  county  committee and to the regional and county
26        planning commissions, if any, for review and comment;
27             (f)  a statement that a public hearing will be  held
28        within 60 days on the petition and on the recommendations
29        of  the  county  committee and of the regional and county
30        planning commissions, if any, at a time and place  to  be
31        announced.
32        2.  Within  5  days  after  the receipt of a petition for
33    withdrawal of land from  an  agricultural  area,  the  county
34    board shall refer the petition to the county committee, which
 
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 1    shall,  within 30 days of its receipt of the petition, report
 2    to the county board its recommendations.
 3        3.  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  regional  and  county
 6    planning  commissions, if any, which shall, within 30 days of
 7    their receipt of the petition, report  to  the  county  board
 8    their  recommendations concerning the potential effect of the
 9    withdrawal  of  land  from  an  agricultural  area  upon  the
10    development patterns and needs of the  county  and  upon  the
11    county's planning objectives.
12    (Source: P.A. 81-1173.)

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

31        (505 ILCS 5/17) (from Ch. 5, par. 1017)
32        Sec.  17.  Petition  for dissolution. Ten years after the
33    date of creation of any agricultural area and every 10  years
 
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 1    thereafter,  owners of land within the such area may petition
 2    the county board to dissolve the area. The Such petition must
 3    be submitted in writing to the county board during  the  year
 4    120  day  period immediately prior to the 10th anniversary of
 5    the creation of the area.  If Should  the  petition  contains
 6    contain  signatures of at least two-thirds of the landowners,
 7    their heirs, assigns  or  representatives,  owning  at  least
 8    two-thirds  of  the  land  within the area, the area shall be
 9    dissolved.  The county board shall notify the  Department  of
10    Agriculture  of  the  dissolution  of  any  agricultural area
11    within 45 days of taking the such action.
12    (Source: P.A. 84-456.)

13        (505 ILCS 5/18) (from Ch. 5, par. 1018)
14        Sec. 18.  Limitation on local regulations and  on  suits.
15    No local government shall exercise any of its powers to enact
16    local  laws  or  ordinances  within an agricultural area in a
17    manner that which would  unreasonably  restrict  or  regulate
18    farm   structures   or   farming   practices,  including  the
19    acquisition of land  by  annexation  or  eminent  domain,  in
20    contravention of the purposes of this Act.
21        The  owners  of land within the agricultural area may not
22    be subjected to a civil action  for  nuisance  by  a  private
23    party.   The  Department  of Agriculture shall give technical
24    assistance and provide other resources  for  owners  of  land
25    within an agricultural area if subjected to any other private
26    civil  action.  Nothing  in  this Act shall be construed as a
27    limitation or  preemption  of  any  statutory  or  regulatory
28    authority  arising  under  subsection (a) of Section 9 of the
29    Environmental Protection Act.
30        The  unless  such  restrictions  or  regulations  may  be
31    adopted and the nuisance suits may be allowed if bearing bear
32    a direct relationship to the public health or safety.
33    (Source: P.A. 81-1173.)
 
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 1        (505 ILCS 5/20.2) (from Ch. 5, par. 1020.2)
 2        Sec. 20.2.  Adding land to designated agricultural areas.
 3    Any  petition  proposal  for  adding  land  to  a  designated
 4    agricultural area shall be  submitted  to  the  county  board
 5    which  shall  forward  the  proposal  to the county committee
 6    within 10 days.  Within 45 days from the  date  the  petition
 7    proposal  was  submitted  to  it,  the county committee shall
 8    review  the  proposed  addition  and  shall   recommend   the
 9    approval,   disapproval   or  modification  of  the  petition
10    proposal. The county committee shall submit a report  of  its
11    recommendations  to  the  county board which shall act on the
12    recommendations within  30  days.   The  county  board  shall
13    notify  the Department of Agriculture of any addition of land
14    to a designated agricultural area within 45  days  of  taking
15    such action. Any land added to a designated agricultural area
16    under  this  Section shall be subject to review under Section
17    16 at the same times as the original area is subject to  such
18    review.   The  dates  for  such  review and the period during
19    which a petition may be filed under Section 17 shall  not  be
20    affected by the addition of land under this Section.
21    (Source: P.A. 84-456.)

22        Section  99.  Effective date.  This Act takes effect upon
23    becoming law.
 
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 1                                INDEX
 2               Statutes amended in order of appearance
 3    505 ILCS 5/4              from Ch. 5, par. 1004
 4    505 ILCS 5/5              from Ch. 5, par. 1005
 5    505 ILCS 5/6              from Ch. 5, par. 1006
 6    505 ILCS 5/7              from Ch. 5, par. 1007
 7    505 ILCS 5/8              from Ch. 5, par. 1008
 8    505 ILCS 5/9              from Ch. 5, par. 1009
 9    505 ILCS 5/10             from Ch. 5, par. 1010
10    505 ILCS 5/11             from Ch. 5, par. 1011
11    505 ILCS 5/11.5 new
12    505 ILCS 5/12             from Ch. 5, par. 1012
13    505 ILCS 5/13             from Ch. 5, par. 1013
14    505 ILCS 5/16             from Ch. 5, par. 1016
15    505 ILCS 5/17             from Ch. 5, par. 1017
16    505 ILCS 5/18             from Ch. 5, par. 1018
17    505 ILCS 5/20.2           from Ch. 5, par. 1020.2