093_HB0230eng

 
HB0230 Engrossed                     LRB093 03500 LCB 03529 b

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

 7        (505 ILCS 5/5) (from Ch. 5, par. 1005)
 8        Sec.  5.  Agricultural  areas;  creation.  Any  owner  or
 9    owners of land may submit a petition proposal to  the  county
10    board  for  the  creation  of an agricultural area within the
11    such county according to the following provisions:.
12             (1)  An agricultural area, at the  creation  of  the
13        any  such area, shall not be at least less than 350 acres
14        in all counties with a population under 600,000  and  not
15        less  than 100 acres in all counties with a population of
16        600,000 or more.
17             (2)  The petition  Such  proposal  shall  include  a
18        description  of  the  proposed  area,  including  its the
19        boundaries thereof.
20             (3)  The Such territory  shall  be  as  compact  and
21        nearly contiguous as feasible.
22             (4)  An   area  created  under  this  Act  shall  be
23        established for a period of 10 ten years.
24             (5)  No land shall be included  in  an  agricultural
25        area without the consent of the owner.
26             (6)  No  land  within  an agricultural area shall be
27        used for other than agricultural production as  described
28        in Sections 3.01 and 3.02 of this Act.
29             (7)  Agreements   for   the  extraction  of  mineral
30        resources duly agreed upon before prior to  the  creation
31        of  an  agricultural  area shall be exempted from the use
32        provisions of this Section.  In addition, the  extraction
33        of  mineral  resources  conducted  under  pursuant to the
 
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 1        Surface Coal Mining Land Conservation and Reclamation Act
 2        shall be considered  temporary  land  use  and  shall  be
 3        exempted from the use provisions of this Section.
 4    (Source: P.A. 84-456.)

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

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

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

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

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

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

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

20        (505 ILCS 5/12) (from Ch. 5, par. 1012)
21        Sec.  12. Petition for Withdrawal. Any person owning land
22    within an agricultural area may  submit  a  petition  to  the
23    county  board  requesting  the  withdrawal  of  land from the
24    agricultural area located within that county.  Such  petition
25    must contain:
26        1.  A  statement  indicating the proposed alternative use
27    of the land.
28        2.  An explanation of  the  necessity  for  changing  the
29    current use.
30        3.  An explanation why land outside the agricultural area
31    would not be suitable for proposed use.
32        4.  A  legal  description,  map,  and acreage of the land
 
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 1    proposed for withdrawal.
 2    (Source: P.A. 81-1173.)

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

16        (505 ILCS 5/16) (from Ch. 5, par. 1016)
17        Sec.  16.  Review  of agricultural areas by county board.
18    The county board shall review any agricultural  area  created
19    under  this Act every 10 years after the date of its creation
20    and every 8 years thereafter. In conducting the such  review,
21    the county board shall:
22             (1)  Grant  a  preference  to the recommendations of
23        the landowners in the agricultural area.
24             (2)  Ask  for  the  recommendations  of  the  county
25        committee., and shall,
26             (3)  At least 120 days before the 10-year  prior  to
27        such  date,  require  the Agricultural Areas Committee to
28        hold a public hearing at a place within the area or other
29        readily accessible place.  The Committee  must  give  (i)
30        upon  notice  being  given  in a newspaper having general
31        circulation within the  area  or  if  there  is  no  such
32        newspaper, then in a newspaper having general circulation
33        within  the county, and (ii) individual notice in writing
 
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 1        to the persons  owning  land  within  the  area,  to  the
 2        persons owning land immediately adjacent to the area, and
 3        to the county or regional planning commission.
 4        Included  in  the notice to the landowners owning land in
 5    the  agricultural  area  shall  be  a  statement   that,   by
 6    submitting a letter to the agricultural areas committee at or
 7    prior to the public hearing, any landowner of land within the
 8    agricultural area may request that his or her land be removed
 9    from  the  agricultural area to be reviewed.  The letter must
10    contain:
11             (1)  a request to remove land from the  agricultural
12        area;
13             (2)  an  affidavit  that the author is the landowner
14        of the land proposed for removal  from  the  agricultural
15        area; and
16             (3)  a  legal  description,  map, and acres proposed
17        for removal from the agricultural area.
18    The land described in the letter shall no longer be  included
19    in the agricultural area.
20        The   county   board   After  receiving  the  landowners'
21    recommendations and the reports of the county  committee  and
22    after  the public hearing, the county board may (i) terminate
23    the area at the end of a 10-year period such  10  or  8  year
24    periods  by  filing  a  notice of termination with the county
25    clerk, (ii) decide not to  take  any  action,  or  (iii)  the
26    county  board  may  modify  the area in the same manner as is
27    provided in Section 6 of this Act.  If the county board  does
28    not  act,  the area shall continue as originally constituted.
29    The county board shall notify the Department  of  Agriculture
30    of any alterations to an agricultural area or the termination
31    of  an  agricultural  area  within 45 days of taking the such
32    action.
33    (Source: P.A. 84-456.)
 
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 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.
18    No 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 in contravention of  the
22    purposes of this Act.
23        The  owners  of land within the agricultural area may not
24    be subjected to a civil action  for  nuisance  by  a  private
25    party,  unless  the nuisance is created by willful and wanton
26    conduct. The Department of  Agriculture  may  give  technical
27    assistance  to  owners of land within an agricultural area if
28    subjected to any other private civil action. Nothing in  this
29    Act  shall  be construed as a limitation or preemption of any
30    statutory or regulatory authority  arising  under  subsection
31    (a) of Section 9 of the Environmental Protection Act.
32        The  unless  such  restrictions  or  regulations  may  be
33    adopted and the nuisance suits may be allowed if bearing bear
 
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 1    a direct relationship to the public health or safety.
 2    (Source: P.A. 81-1173.)

 3        (505 ILCS 5/20.2) (from Ch. 5, par. 1020.2)
 4        Sec. 20.2.  Adding land to designated agricultural areas.
 5    Any  petition  proposal  for  adding  land  to  a  designated
 6    agricultural  area  shall  be  submitted  to the county board
 7    which shall forward the  proposal  to  the  county  committee
 8    within  10  days.   Within 45 days from the date the petition
 9    proposal was submitted to  it,  the  county  committee  shall
10    review   the   proposed  addition  and  shall  recommend  the
11    approval,  disapproval  or  modification  of   the   petition
12    proposal.  The  county committee shall submit a report of its
13    recommendations to the county board which shall  act  on  the
14    recommendations  within  30  days.   The  county  board shall
15    notify the Department of Agriculture of any addition of  land
16    to  a  designated  agricultural area within 45 days of taking
17    such action. Any land added to a designated agricultural area
18    under this Section shall be subject to review  under  Section
19    16  at the same times as the original area is subject to such
20    review.  The dates for such  review  and  the  period  during
21    which  a  petition may be filed under Section 17 shall not be
22    affected by the addition of land under this Section.
23    (Source: P.A. 84-456.)

24        Section 99.  Effective date.  This Act takes effect  upon
25    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