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|[ House Amendment 003 ]|
91_HB0060 LRB9100462PTpk 1 AN ACT concerning agriculture preservation. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Agricultural Areas Conservation and 5 Protection Act is amended by changing Sections 4, 5, 6, 7, 8, 6 9, 10, 11, 16, 17, 18, and 20.2 and adding Section 11.5 as 7 follows: 8 (505 ILCS 5/4) (from Ch. 5, par. 1004) 9 Sec. 4. Agricultural areas committee. 10 (a) A county board may establish a county agricultural 11 areas committee that
whichshall consist of (i) 4 fouractive 12 farmers, no more than 2 twoof whom may shallbe of the same 13 major political party, and (ii) a member of the county board. 14 (1) The committee shall select one of its members 15 to serve as chairperson chairman of the county committee. 16 (2) The Such acommittee shall be established 17 whenever a petition is received by the county board for 18 the creation of an agricultural area under pursuant to19 Section 6. A , provided that no suchcounty committee may 20 not be established if one has already been established 21 for the suchcounty. 22 (3) Members of the suchcounty committee shall be 23 appointed by and shall serve at the pleasure of the 24 county appointing authority. 25 (4) The members shall serve without salary, but the 26 county board may entitle each suchmember to 27 reimbursement for hisactual necessary expenses incurred 28 in the performance of hisofficial duties. 29 (b) The Suchcommittee shall advise the county board in 30 relation to the proposed establishment, modification, and 31 termination of agricultural areas. The county committee shall -2- LRB9100462PTpk 1 render expert advice relating to the desirability of such 2 action, including advice as to the nature of farming and farm 3 resources within the proposed area and the relation of 4 farming in the sucharea to the county as a whole. 5 (Source: P.A. 81-1173.) 6 (505 ILCS 5/5) (from Ch. 5, par. 1005) 7 Sec. 5. Agricultural areas; creation. Any owner or 8 owners of land may submit a proposal to the county board for 9 the creation of an agricultural area within the suchcounty 10 according to the following provisions: .11 (1) An agricultural area, at the creation of the 12 any sucharea, shall notbe at least less than350 acres. 13 (2) The Suchproposal shall include a description 14 of the proposed area, including its theboundaries 15 thereof. 16 (3) The Suchterritory shall be as compact and 17 nearly contiguous as feasible. 18 (4) An area created under this Act shall be 19 established for a period of 10 tenyears. 20 (5) No land shall be included in an agricultural 21 area without the consent of the owner. 22 (6) No land within an agricultural area shall be 23 used for other than agricultural production as described 24 in Sections 3.01 and 3.02 of this Act. 25 (7) Agreements for the extraction of mineral 26 resources duly agreed upon before prior tothe creation 27 of an agricultural area shall be exempted from the use 28 provisions of this Section. In addition, the extraction 29 of mineral resources conducted under pursuant tothe 30 Surface Coal Mining Land Conservation and Reclamation Act 31 shall be considered temporary land use and shall be 32 exempted from the use provisions of this Section. 33 (Source: P.A. 84-456.) -3- LRB9100462PTpk 1 (505 ILCS 5/6) (from Ch. 5, par. 1006) 2 Sec. 6. Duties of the county board. 3 (a) Upon the receipt of sucha proposal to create an 4 agricultural area, the county board shall provide notice of 5 the suchproposal (i) by publishing a notice in a newspaper 6 having general circulation within the proposed area or, if no 7 suchnewspaper has a general circulation within the proposed 8 area then in a newspaper having general circulation within 9 the county and (ii) by posting the suchnotice in 5 five10 conspicuous places within the proposed area. A copy of the 11 suchnotice shall be sent to the county or regional planning 12 commission for review or comment to be made to the county 13 board within 30 days. Such comment shall be made to the14 county board.15 The notice required to be published or posted under this 16 Section shall contain the following information: .17 (1) 1.A statement that a proposal for an 18 agricultural area has been filed with the county board 19 under pursuant tothis Act. ;20 (2) 2.A statement that the proposal will be on 21 file open to public inspection at the county clerk's 22 office. ;23 (3) 3.A statement that any landowner, owning land 24 adjacent to or partially encompassed by the proposed area 25 , may propose a modification of the area to include or 26 exclude such lands, within 30 days of the date of 27 publication of notice. The Suchapplication shall be made 28 on forms prescribed by the county board. ;29 (4) 4.A statement that any proposed modification 30 must be filed with the county clerk and the clerk of the 31 county board within 30 days after the publication of the 32 suchnotice. ;33 (5) 5.A statement that at the termination of the 34 30 day period, the proposal and proposed modifications -4- LRB9100462PTpk 1 will be submitted to the county committee ,and that a 2 public hearing will be held on the proposal, proposed 3 modifications, and recommendations of the county 4 committee. 5 (b) The county board shall receive any proposals for 6 modifications of the suchproposal that whichmay be 7 submitted by the landowners within 30 days after the 8 publication of the suchnotice. 9 (c) The county board shall simultaneously, upon the 10 termination of the such30 day period, refer the such11 proposal and proposed modifications to the county committee 12 that , whichshall, within 45 days, report to the county board 13 its recommendations concerning the proposal and proposed 14 modifications. 15 (Source: P.A. 81-1173.) 16 (505 ILCS 5/7) (from Ch. 5, par. 1007) 17 Sec. 7. Public hearing required. 18 (a) The Agricultural Areas Committee of the county board 19 shall hold a public hearing on any proposal for the creation 20 of an agricultural area. The Suchhearing shall be held at a 21 place within the proposed area or a place readily accessible 22 to the proposed area. 23 (b) Notice of the hearing shall contain (i) a statement 24 of the time, date, and place of the public hearing and (ii) a 25 description of the proposed area and any proposed additions. 26 The Suchnotice shall in addition contain a statement 27 that the public hearing will be heheld concerning (i) the 28 original proposal, (ii) any written amendments proposed 29 during the 30 day review period, and (iii) any 30 recommendations proposed by the county committee or the 31 planning commissions. 32 The notice shall (i) be published in a newspaper having a 33 general circulation within the proposed area or if no -5- LRB9100462PTpk 1 newspaper has general circulation within the proposed area, 2 then in a newspaper having general circulation within the 3 county ,and (ii) shallbe given in writing to the persons 4 owning land within sucha proposed area. 5 (Source: P.A. 81-1173.) 6 (505 ILCS 5/8) (from Ch. 5, par. 1008) 7 Sec. 8. Factors for Consideration information of 8 agricultural areas. 9 (a) County boards, county committees, and planning 10 commissions shall grant a preference to the recommendations 11 of the landowners within the proposed agricultural area. The 12 following factors should also be considered by county boards, 13 county committees, or planning commissions, with respect to 14 the formation of any agricultural area: 15 (1) 1.The viability of active farming within the 16 proposed area and in areas adjacent to the proposed area. 17 thereto;18 (2) 2.The presence of any viable farmlands within 19 the proposed area and within land adjacent to the 20 proposed area theretothat are not now in active farming. 21 ;22 (3) 3.The nature and extent of land uses other 23 than active farming within the proposed area and land 24 adjacent to the proposed area. thereto;25 (4) 4.County developmental patterns and needs. ;26 (5) 5.The existence of a conservation plan 27 approved by the local soil and water conservation 28 district. ; and29 (6) 6.Any other matter that whichmay be relevant. 30 (b) In judging viability, any relevant agricultural 31 information shall be considered, including: 32 (1) Soil. ,33 (2) Climate. ,-6- LRB9100462PTpk 1 (3) Topography. ,2 (4) Other natural factors. ,3 (5) Markets for farm products. ,4 (6) The extent and nature of farm improvements. ,5 (7) The present status of farming. ,6 (8) Anticipated trends in agricultural economic 7 conditions and technology. , and such8 (9) Other factors as may be relevant. 9 (Source: P.A. 84-456.) 10 (505 ILCS 5/9) (from Ch. 5, par. 1009) 11 Sec. 9. Municipal notice and objections. 12 (a) If the proposed agricultural area includes real 13 estate within a 1 and one-half 1/2mile radius from the 14 corporate limits of any municipality, the county board shall 15 notify the municipal authorities of the suchaffected 16 municipality of this proposed area. 17 (b) The Suchmunicipal authorities may object to the 18 proposal if the suchobjection is presented to the county 19 board within 30 days of the receipt of the proposal by the 20 municipal authorities. 21 Upon receipt of the suchobjection by the county board, 22 the proposed area shall be modified to exclude the real 23 estate within the 1 and one-half 1/2mile radius of the 24 corporate limits of the suchmunicipality. If no objection 25 is received within the specified time period, the affected 26 real estate shall be included in the agricultural area. 27 (Source: P.A. 81-1173.) 28 (505 ILCS 5/10) (from Ch. 5, par. 1010) 29 Sec. 10. Adoption of plan by county board. The county30 board,After receiving the reports of the county committee 31 and other comments ,and after the suchpublic hearing, the 32 county board may adopt as a plan the proposal or any -7- LRB9100462PTpk 1 modification of the proposal it deems appropriate. The 2 proposal may include , including the inclusion, to the extent 3 feasible, ofadjacent viable farmlands ,and may exclude the4 exclusion, to the extent feasible, ofnon-viable farmland and 5 non-farm land. The county board shall act to adopt or reject 6 the proposal ,or any modification of it not later than 45 7 days from the date that the county committee's recommendation 8 on the proposal was submitted to it. The county board shall 9 notify the Department of Agriculture of the adoption or 10 rejection of the proposal and shall provide the Department 11 with a description of the agricultural area within 45 days of 12 taking the suchaction. 13 (Source: P.A. 84-456.) 14 (505 ILCS 5/11) (from Ch. 5, par. 1011) 15 Sec. 11. Filing Requirement thatdescription of area 16 Agricultural Areas be filedwith county clerk and recorder. 17 Upon the creation or alteration of an agricultural area, the 18 county board must file the description and the accompanying 19 board resolution or ordinance: thereof shall be filed by the20 county board21 (1) With the county clerk. 22 (2) Such description shall also be placedOn record 23 in the office of the recorder. 24 (Source: P.A. 84-456.) 25 (505 ILCS 5/11.5 new) 26 Sec. 11.5. Stewardship agreements. The Department of 27 Agriculture may enter into agreements with any federal or 28 State agency, other entity, or with any landowner within an 29 agricultural area or proposed agricultural area as may be 30 necessary to furnish surveys, engineering, and assistance for 31 the formation, expansion, maintenance, or renewal of 32 agricultural areas. The Department of Agriculture must -8- LRB9100462PTpk 1 develop, by rule, an incentive program for land stewardship 2 that pays up to 75% of the costs of these agreements for land 3 that is designated or proposed to be designated as an 4 agricultural area. 5 (505 ILCS 5/16) (from Ch. 5, par. 1016) 6 Sec. 16. Review of agricultural areas by county board. 7 The county board shall review any agricultural area created 8 under this Act every 10 years after the date of its creation 9 and every 8 years thereafter. In conducting the suchreview, 10 the county board shall: 11 (1) Grant a preference to the recommendations of 12 the landowners in the agricultural area. 13 (2) Ask for the recommendations of the county 14 committee. , and shall,15 (3) At least 120 days before the 10-year prior to16 suchdate, require the Agricultural Areas Committee to 17 hold a public hearing at a place within the area or other 18 readily accessible place. The Committee must give (i) 19 uponnotice being givenin a newspaper having general 20 circulation within the area or if there is no such21 newspaper, then in a newspaper having general circulation 22 within the county, and (ii) individual notice in writing 23 to the persons owning land within the area ,and to the 24 county or regional planning commission. 25 The county boardAfter receiving the landowners' 26 recommendations and the reports of the county committee and 27 after the public hearing, the county board may (i) terminate 28 the area at the end of a such10 or 8year period periodsby 29 filing a notice of termination with the county clerk, (ii) 30 decide not to take any action, or (iii) the county board may31 modify the area in the same manner as is provided in Section 32 6 of this Act. If the county board does not act, the area 33 shall continue as originally constituted. The county board -9- LRB9100462PTpk 1 shall notify the Department of Agriculture of any alterations 2 to an agricultural area or the termination of an agricultural 3 area within 45 days of taking the suchaction. 4 (Source: P.A. 84-456.) 5 (505 ILCS 5/17) (from Ch. 5, par. 1017) 6 Sec. 17. Petition for dissolution. Ten years after the 7 date of creation of any agricultural area, owners of land 8 within the sucharea may petition the county board to 9 dissolve the area. The Suchpetition must be submitted in 10 writing to the county board during the year 120 day period11 immediately prior to the 10th anniversary of the creation of 12 the area. If Shouldthe petition contains containsignatures 13 of at least a majority two-thirdsof the landowners, their 14 heirs, assigns or representatives, owning land within the 15 area, the area shall be dissolved. The county board shall 16 notify the Department of Agriculture of the dissolution of 17 any agricultural area within 45 days of taking the such18 action. 19 (Source: P.A. 84-456.) 20 (505 ILCS 5/18) (from Ch. 5, par. 1018) 21 Sec. 18. Limitation on local regulations and on suits. No 22 local government shall exercise any of its powers to enact 23 local laws or ordinances within an agricultural area in a 24 manner that whichwould unreasonably restrict or regulate 25 farm structures or farming practices, including the 26 acquisition of land by annexation or eminent domain, in 27 contravention of the purposes of this Act. 28 The owners of land within the agricultural area may not 29 be subjected to a civil action for nuisance by a public or 30 private party based on the designation or maintenance of the 31 land as an agricultural area. 32 The unless suchrestrictions or regulations may be -10- LRB9100462PTpk 1 adopted and the nuisance suits may be allowed if bearing bear2 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 The addition of land to an agricultural area must follow the 7 following provisions: 8 (1) A Anyproposal for adding land to a designated 9 agricultural area shall be submitted to the county board. 10 (2) The county board whichshall forward the 11 proposal to the county committee within 10 days. 12 (3) Within 45 days from the date the proposal was 13 submitted to it, the county committee shall review the 14 proposed addition and shall recommend the approval, 15 disapproval, or modification of the proposal. 16 (4) The county committee shall submit a report of 17 its recommendations to the county board. 18 (5) The county board must then which shallact on 19 the recommendations within 30 days. 20 (6) The county board shall notify the Department of 21 Agriculture of any addition of land to a designated 22 agricultural area within 45 days of taking the such23 action. 24 Any land added to a designated agricultural area under 25 this Section shall be subject to review under Section 16 at 26 the same times as the original area is subject to such27 review. The dates for suchreview and the period during 28 which a petition may be filed under Section 17 may shallnot 29 be affected by the addition of land under this Section. 30 (Source: P.A. 84-456.) 31 Section 10. The Farmland Preservation Act is amended by 32 changing Sections 2, 4, and 5 as follows: -11- LRB9100462PTpk 1 (505 ILCS 75/2) (from Ch. 5, par. 1302) 2 Sec. 2. Legislative findings and intent. The natural 3 resources of Illinois, including land, minerals, water, and 4 air, are both finite and fragile. In the absence of wise use 5 and consistent management practices, these resources are 6 threatened by irreversible damage or loss. Protection of the 7 State's natural resources is essential to guard the public 8 health, safety, and welfare, and to assure an adequate 9 natural resource supply and quality for use and enjoyment by 10 future generations. 11 Since World War II, the amount of Illinois land dedicated 12 to agriculture has steadily declined at a an averagerate of 13 more than approximately100,000 acres per year. This 14 substantial loss of farmlands is the equivalent of more than 15 10 eightaverage-sized Illinois counties. If this trend 16 continues, the State will lose the equivalent of several 17 another five or sixcounties each by the end of thecentury. 18 The conversion and loss of agricultural land has 19 diminished Illinois' cropland base and affects environmental 20 quality. The supply of land most suitable for farming is 21 finite, and prime farmland is an irreplaceable natural 22 resource. Conversion of this land to urban development and 23 other non-farm uses reduces future food production capability 24 and may ultimately undermine agriculture as a major economic 25 activity in Illinois. With less prime farmland available 26 there will tend to be greater reliance on marginally 27 productive land ,resulting in greater soil erosion, increased 28 fertilizer requirements, and increased environmental damage. 29 Loss of agricultural land can also reduce the beneficial role 30 that whichthe land itself can play. Agricultural land 31 reduces runoff by absorbing precipitation, aiding aidsin 32 replenishing groundwater supplies, and buffering can buffer33 environmentally sensitive areas from encroaching development. 34 The importance of preserving our agricultural land base -12- LRB9100462PTpk 1 has been recognized by the Illinois Rural Planning Council, 2 the Task Force on the Future of Illinois, and in the State's 3 "Comprehensive Growth and Resource Conservation Policies." 4 Each of these efforts recommends that the State minimize the 5 conversion of prime farmland that results from the direct or 6 indirect effects of State programs and also encourages the 7 achievement of related goals, such as reducing the loss of 8 soil through erosion. 9 (Source: P.A. 82-945.) 10 (505 ILCS 75/4) (from Ch. 5, par. 1304) 11 Sec. 4. Policy statements and working agreements. The 12 Inter-Agency Committee on Farmland Preservation shall prepare 13 policy statements and working agreements for each of the 14 agencies named in Section 3 of this Act specifying the policy 15 of that agency toward farmland preservation and the 16 administrative process used to implement that policy. The 17 policy statements and working agreements shall be prepared as 18 rules for the administration of the program. The policy 19 statement shall include, but not be limited to, an analysis 20 of the impact of agricultural land conversions attributed to 21 the agency's programs, regulations, procedures, and 22 operations. The policy statement shall also detail measures 23 that can be implemented to mitigate conversions to the 24 maximum extent practicable, including measures to eliminate 25 the conversion of prime farmland. 26 For the purposes of this Act, "prime farmland" means the 27 available land that is best suited for producing food, 28 forage, fiber, and oilseed crops. The land may presently be 29 in cropland, pasture land, forest land, or other uses except 30 that urban or built up areas and water areas are not 31 included. Prime farmland has the soil qualities and moisture 32 supply to produce sustained high yields of crops when 33 adequately treated and managed. The land must also be -13- LRB9100462PTpk 1 geographically located so that an adequate growing season 2 exists for crop production. The identification of prime 3 farmland is entirely related to these soil characteristics 4 and other physical criteria as further detailed by the 5 Department of Agriculture. 6 The State Agency policy statements and working agreements 7 on farmland preservation shall be (i) submitted to the 8 Governor and the General Assembly, (ii) and shall beupdated 9 by the State agency, and (iii) reviewed and approved by the 10 Department of Agriculture, every 3 years. State agency 11 policy statements and working agreements prepared in response 12 to Executive Order Number 4 on the Preservation of Farmland 13 and submitted to the Governor shall remain in effect upon 14 this Act becoming law. 15 (Source: P.A. 82-945.) 16 (505 ILCS 75/5) (from Ch. 5, par. 1305) 17 Sec. 5. Project notice; compliance; impact study. 18 (a) Except as provided in the working agreement between 19 the Director of Agriculture and each State agency listed in 20 Section 3 of this Act, when any State agency participates in 21 a State funded capital project that whichwill, directly or 22 indirectly, lead to conversion of farmland to nonagricultural 23 purposes, the agency shall deliver written notification of 24 the project to the Director of the Department of Agriculture. 25 The agency notification must include an alternate plan for 26 the project that minimize or eliminates the use and 27 conversion of prime farmland. 28 (b) The Director of Agriculture shall determine whether 29 the project is in compliance with the agency's policy 30 statements and working agreements on farmland preservation 31 and shall conduct a study of the agricultural impacts if the 32 project is not in compliance. If the project is not in 33 compliance, the agency participating in the project must -14- LRB9100462PTpk 1 cooperate with the Department of Agriculture to make the 2 project conform with the agency's policy statements and 3 working agreements. If the agency and the Director of 4 Agriculture do not agree on the project's compliance, then 5 the conflict will be resolved under conflict resolution 6 procedures established by the Inter-Agency Committee on 7 Farmland Preservation. 8 No agency may commit State funds for land acquisition or 9 construction (i) unless it is provided for in an exception 10 contained in that agency's working agreement, (ii) unless the 11 Director of Agriculture determines that the project complies 12 with the agency's policy statements and working agreement, or 13 (iii) until the study of agricultural impacts has been 14 completed and determined to be in compliance by the 15 Department of Agriculture. 16 If the Director of Agriculture determines that a study of 17 the agricultural impacts is necessary, the Department of 18 Agriculture shall complete the study within 30 days of 19 written notification by a State agency that it is considering 20 a project that whichwill result in conversion of farmland to 21 a nonagricultural purpose. If the study is not completed22 within 30 days that agency may proceed with its intended23 action without the benefit of the study.24 A copy of any study of agricultural impacts made under 25 pursuant tothis Section shall be submitted (i) to the 26 Governor, (ii) to the President and Minority Leader of the 27 Senate and the Speaker and Minority Leader of the House of 28 Representatives, (iii) to the Director of each State agency 29 participating in the project, and (iv) to each member of the 30 Inter-Agency Committee on Farmland Preservation. 31 (Source: P.A. 82-945.) 32 Section 99. Effective date. This Act takes effect upon 33 becoming law.
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