Illinois General Assembly - Bill Status for HB0230

Amends the Agricultural Areas Conservation and Protection Act. Provides that a county board shall grant a preference to the recommendation of the landowners in reviewing agricultural areas. Provides that a petition for dissolution of an agricultural area may be submitted during the year (now 120 days) before the 10-year anniversary of the creation of the area. Provides that the Department of Agriculture must develop an incentive program for land stewardship that pays up to 75% of the costs of assistance to form, expand, maintain, or renew agricultural areas. Provides that landowners within an agricultural area may not be subjected to a nuisance suit based on the designation or maintenance of the land as an agricultural area. Provides that the protection does not apply to suits for the prohibition of contaminant discharge under the Environmental Protection Act. Provides that the Department of Agriculture may give technical assistance and provide other resources if the land owners are subjected to any other private civil action. Establishes additional procedures for county boards creating designated agricultural areas within their counties. Changes some of the existing procedures to be followed by county boards in creating agricultural areas. Adds additional factors to be considered in deciding whether to create agricultural areas and by persons seeking withdrawal of land from those areas. Creates additional provisions with regard to the filing of petitions to dissolve an agricultural area. Makes other changes. Effective immediately.

Provides that a county board may (instead of shall) establish a county agricultural areas committee. Provides that an agricultural area, at the creation of the area, shall be at least 350 acres in all counties with a population under 600,000 and not less than 100 acres in all counties with a population of 600,000 or more. Requires the Department of Agriculture to carry out, subject to appropriation (instead of develop, by rule), an incentive program for land stewardship. Requires individual notice of a public hearing to review agricultural areas to the persons owning land immediately adjacent to an agricultural area (now, just adjacent). Removes a provision that no local government shall exercise any of its powers to enact local laws or ordinances within an agricultural area in a manner that would restrict or regulate the acquisition of land by annexation or eminent domain. Provides that the owners of land within an agricultural area may be subjected to a civil action for nuisance by a private party if the nuisance is created by willful and wanton misconduct. Provides that the Department of Agriculture may (instead of shall) give technical assistance to owners of land within an agricultural area if subjected to any other private civil action and removes a provision requiring the Department to provide other resources for that purpose.

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