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|[ House Amendment 003 ]|
91_HB0060eng HB0060 Engrossed LRB9100462PTpk 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 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
mayestablish a county 12 agricultural areas committee that whichshall consist of (i) 13 4 fouractive farmers, no more than 2 twoof 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 acommittee shall be established 19 whenever a petition is received by the county board for 20 the creation of an agricultural area under pursuant to21 Section 6. A , provided that no suchcounty committee may 22 not be established if one has already been established 23 for the suchcounty. 24 (3) Members of the suchcounty 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 suchmember to 29 reimbursement for hisactual necessary expenses incurred 30 in the performance of hisofficial duties. 31 (b) The Suchcommittee shall advise the county board in HB0060 Engrossed -2- LRB9100462PTpk 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 sucharea 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 proposalto the county 11 board for the creation of an agricultural area within the 12 suchcounty according to the following provisions: .13 (1) An agricultural area, at the creation of the 14 any sucharea, shall notbe at least less than350 acres. 15 (2) The petition Such proposalshall include a 16 description of the proposed area, including its the17 boundaries thereof. 18 (3) The Suchterritory 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 tenyears. 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 tothe 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 tothe 32 Surface Coal Mining Land Conservation and Reclamation Act 33 shall be considered temporary land use and shall be HB0060 Engrossed -3- LRB9100462PTpk 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 of6 sucha petition to create an agricultural area proposal, the 7 county board shall provide notice of the petition (i) such8 proposalby publishing a notice in a newspaper having general 9 circulation within the proposed area or, if no suchnewspaper 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 suchnotice in 5 fiveconspicuous places 13 within the proposed area. A copy of the suchnotice 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 proposalfor an 20 agricultural area has been filed with the county board 21 under pursuant tothis Act. ;22 (2) 2.A statement that the petition proposalwill 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 area 27 , may propose a modification of the area to include or 28 exclude such lands, within 30 days of the date of 29 publication of the newspaper notice. The proposed 30 modification Such applicationshall 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 HB0060 Engrossed -4- LRB9100462PTpk 1 county board within 30 days after the publication of the 2 newspaper suchnotice. ;3 (5) 5.A statement that at the termination of the 4 30 day period, the petition proposaland 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 proposalsfor modifications of the petition that such11 proposal whichmay be submitted by the landowners within 30 12 days after the publication of the suchnotice. 13 (c) The county board shall simultaneously, upon the 14 termination of the such30 day period, refer the petition 15 such proposaland proposed modifications to the county 16 committee that , whichshall, within 45 days, report to the 17 county board its recommendations concerning the petition 18 proposaland 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 proposalfor the 24 creation of an agricultural area. The Suchhearing 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 Suchnotice shall in addition contain a statement 31 that the public hearing will be heheld concerning (i) the 32 original petition proposal, (ii) any written modifications 33 amendmentsproposed during the 30 day review period, and HB0060 Engrossed -5- LRB9100462PTpk 1 (iii) any recommendations proposed by the county committee or 2 the planning commissions. 3 The notice shall (i) be published in a newspaper having a 4 general circulation within the proposed area or if no 5 newspaper has general circulation within the proposed area, 6 then in a newspaper having general circulation within the 7 county ,and (ii) shall be given in writing to the persons 8 owning land within sucha proposed area and adjacent to the 9 proposed area. 10 (Source: P.A. 81-1173; revised 12-23-98.) 11 (505 ILCS 5/8) (from Ch. 5, par. 1008) 12 Sec. 8. Factors for Consideration information of 13 agricultural areas. 14 (a) County boards, county committees, and planning 15 commissions shall grant a preference to the recommendations 16 of the landowners within the proposed agricultural area. The 17 following factors should also be considered by county boards, 18 county committees, or planning commissions, with respect to 19 the formation of any agricultural area: 20 (1) 1.The viability of active farming within the 21 proposed area and in areas adjacent to the proposed area. 22 thereto;23 (2) 2.The presence of any viable farmlands within 24 the proposed area and within land adjacent to the 25 proposed area theretothat are not now in active farming. 26 ;27 (3) 3.The nature and extent of land uses other 28 than active farming within the proposed area and land 29 adjacent to the proposed area. thereto;30 (4) 4.County developmental patterns, plans, and 31 needs. ;32 (5) 5.The existence of a conservation plan 33 approved by the local soil and water conservation HB0060 Engrossed -6- LRB9100462PTpk 1 district. ; and2 (6) 6.Any other matter that whichmay be relevant. 3 (b) In judging viability, any relevant agricultural 4 information shall be considered, including: 5 (1) Soil. ,6 (2) Climate. ,7 (3) Topography. ,8 (4) Other natural factors. ,9 (5) Markets for farm products. ,10 (6) The extent and nature of farm improvements. ,11 (7) The present status of farming. ,12 (8) Anticipated trends in agricultural economic 13 conditions and technology. , and such14 (9) Other factors as may be relevant. 15 (Source: P.A. 84-456.) 16 (505 ILCS 5/9) (from Ch. 5, par. 1009) 17 Sec. 9. Municipal notice and objections. 18 (a) If the proposed agricultural area includes real 19 estate within a 1 and one-half 1/2mile radius from the 20 corporate limits of any municipality, the county board shall 21 notify the municipal authorities of the suchaffected 22 municipality of this proposed area. 23 (b) The Suchmunicipal authorities may object to the 24 petition proposalif the suchobjection is presented to the 25 county board within 30 days of the receipt of the petition 26 proposalby the municipal authorities. 27 Upon receipt of the suchobjection by the county board, 28 the proposed area shall be modified to exclude the real 29 estate within the 1 and one-half 1/2mile radius of the 30 corporate limits of the suchmunicipality, unless the 31 property in question is approved for inclusion in the 32 agricultural area by a favorable vote of three-fourths of all 33 members of the county board. In counties where the county HB0060 Engrossed -7- LRB9100462PTpk 1 board consists of 3 members, only a two-thirds vote is 2 required. If no objection is received within the specified 3 time period, the affected real estate shall be included in 4 the agricultural area. 5 (Source: P.A. 81-1173.) 6 (505 ILCS 5/10) (from Ch. 5, par. 1010) 7 Sec. 10. Adoption of petition planby county board. The8 county board,After receiving the reports of the county 9 committee and other comments ,and after the suchpublic 10 hearing, the county board may adopt as a planthe petition 11 proposalor any modification of the petition proposalit 12 deems appropriate ,including the inclusion, to the extent 13 feasible, ofadjacent viable farmlands ,and may exclude the14 exclusion, to the extent feasible, ofnon-viable farmland and 15 non-farm land. The county board shall act to adopt or reject 16 the petition proposal,or any modification of it not later 17 than 45 days from the date that the county committee's 18 recommendation on the petition proposalwas submitted to it. 19 The county board shall notify the Department of Agriculture 20 of the adoption or rejection of the petition proposaland 21 shall provide the Department with a description of the 22 agricultural area within 45 days of taking the suchaction. 23 (Source: P.A. 84-456.) 24 (505 ILCS 5/11) (from Ch. 5, par. 1011) 25 Sec. 11. Filing Requirement thatdescription of area 26 Agricultural Areas be filedwith county clerk and recorder. 27 Upon the creation or alteration of an agricultural area, the 28 county board must file the description and the accompanying 29 board resolution or ordinance: thereof shall be filed by the30 county board31 (1) With the county clerk. 32 (2) Such description shall also be placedOn record HB0060 Engrossed -8- LRB9100462PTpk 1 in the office of the recorder. 2 (Source: P.A. 84-456.) 3 (505 ILCS 5/11.5 new) 4 Sec. 11.5. Stewardship agreements. The Department of 5 Agriculture may enter into agreements with any federal or 6 State agency, other entity, or with any landowner within an 7 agricultural area or proposed agricultural area as may be 8 necessary to furnish surveys, engineering, and assistance for 9 the formation, expansion, maintenance, or renewal of 10 agricultural conservation practices. The Department of 11 Agriculture shall develop, by rule, an incentive program for 12 land stewardship that pays up to 75% of the costs of these 13 conservation practices for land that is designated or 14 proposed to be designated as an agricultural area. 15 (505 ILCS 5/12) (from Ch. 5, par. 1012) 16 Sec. 12. Petition for Withdrawal. Any person owning land 17 within an agricultural area may submit a petition to the 18 county board requesting the withdrawal of land from the 19 agricultural area located within that county. Such petition 20 must contain: 21 1. A statement indicating the proposed alternative use 22 of the land. 23 2. An explanation of the necessity for changing the 24 current use. 25 3. An explanation why land outside the agricultural area 26 would not be suitable for proposed use. 27 4. A legal description, map, and acreage of the land 28 proposed for withdrawal. 29 (Source: P.A. 81-1173.) 30 (505 ILCS 5/13) (from Ch. 5, par. 1013) 31 Sec. 13. Procedures for Consideration of Petition for HB0060 Engrossed -9- LRB9100462PTpk 1 Withdrawal. 2 1. Within 5 days after the receipt of a petition for 3 withdrawal of land from an agricultural area, the county 4 board shall provide notice of such petition by certified mail 5 to all record owners of property in the agricultural area and 6 by publishing a notice in a newspaper having general 7 circulation in the immediate area of the affected land or, if 8 no such newspaper has a general circulation within such area, 9 then in a newspaper having general circulation within the 10 county, and by posting such notice in 5 conspicuous places 11 within the immediate area of the affected land. Such notice 12 shall contain the following information: 13 (a) a statement that a petition for withdrawal of 14 land from an agricultural area has been filed with the 15 county board pursuant to this Act; 16 (b) a statement that the petition will be on file 17 open to public inspection at the county clerk's office; 18 (c) a brief, narrative description of the location 19 of the affected land; 20 (d) a statement of the proposed non-agricultural 21 use of the land; 22 (e) a statement that the petition will be referred 23 to the county committee and to the regional and county 24 planning commissions, if any, for review and comment; 25 (f) a statement that a public hearing will be held 26 within 60 days on the petition and on the recommendations 27 of the county committee and of the regional and county 28 planning commissions, if any, at a time and place to be 29 announced. 30 2. Within 5 days after the receipt of a petition for 31 withdrawal of land from an agricultural area, the county 32 board shall refer the petition to the county committee, which 33 shall, within 30 days of its receipt of the petition, report 34 to the county board its recommendations. HB0060 Engrossed -10- LRB9100462PTpk 1 3. 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 regional and county 4 planning commissions, if any, which shall, within 30 days of 5 their receipt of the petition, report to the county board 6 their recommendations concerning the potential effect of the 7 withdrawal of land from an agricultural area upon the 8 development patterns and needs of the county and upon the 9 county's planning objectives. 10 (Source: P.A. 81-1173.) 11 (505 ILCS 5/16) (from Ch. 5, par. 1016) 12 Sec. 16. Review of agricultural areas by county board. 13 The county board shall review any agricultural area created 14 under this Act every 10 years after the date of its creation 15 and every 8 years thereafter. In conducting the suchreview, 16 the county board shall: 17 (1) Grant a preference to the recommendations of 18 the landowners in the agricultural area. 19 (2) Ask for the recommendations of the county 20 committee. , and shall,21 (3) At least 120 days before the 10-year prior to22 suchdate, require the Agricultural Areas Committee to 23 hold a public hearing at a place within the area or other 24 readily accessible place. The Committee must give (i) 25 uponnotice being givenin a newspaper having general 26 circulation within the area or if there is no such27 newspaper, then in a newspaper having general circulation 28 within the county, and (ii) individual notice in writing 29 to the persons owning land within the area, to the 30 persons owning land adjacent to the area, and to the 31 county or regional planning commission. 32 Included in the notice to the landowners owning land in 33 the agricultural area shall be a statement that, by HB0060 Engrossed -11- LRB9100462PTpk 1 submitting a letter to the agricultural areas committee at or 2 prior to the public hearing, any landowner of land within the 3 agricultural area may request that his or her land be removed 4 from the agricultural area to be reviewed. The letter must 5 contain: 6 (1) a request to remove land from the agricultural 7 area; 8 (2) an affidavit that the author is the landowner 9 of the land proposed for removal from the agricultural 10 area; and 11 (3) a legal description, map, and acres proposed 12 for removal from the agricultural area. 13 The land described in the letter shall no longer be included 14 in the agricultural area. 15 The county boardAfter receiving the landowners' 16 recommendations and the reports of the county committee and 17 after the public hearing, the county board may (i) terminate 18 the area at the end of a such10 or 8year period periodsby 19 filing a notice of termination with the county clerk, (ii) 20 decide not to take any action, or (iii) the county board may21 modify the area in the same manner as is provided in Section 22 6 of this Act. If the county board does not act, the area 23 shall continue as originally constituted. The county board 24 shall notify the Department of Agriculture of any alterations 25 to an agricultural area or the termination of an agricultural 26 area within 45 days of taking the suchaction. 27 (Source: P.A. 84-456.) 28 (505 ILCS 5/17) (from Ch. 5, par. 1017) 29 Sec. 17. Petition for dissolution. Ten years after the 30 date of creation of any agricultural area and every 10 years 31 thereafter, owners of land within the sucharea may petition 32 the county board to dissolve the area. The Suchpetition must 33 be submitted in writing to the county board during the year HB0060 Engrossed -12- LRB9100462PTpk 1 120 day periodimmediately prior to the 10th anniversary of 2 the creation of the area. If Shouldthe petition contains 3 containsignatures of at least two-thirdsof the landowners ,4 their heirs, assigns or representatives,owning at least 5 two-thirds of the land within the area, the area shall be 6 dissolved. The county board shall notify the Department of 7 Agriculture of the dissolution of any agricultural area 8 within 45 days of taking the suchaction. 9 (Source: P.A. 84-456.) 10 (505 ILCS 5/18) (from Ch. 5, par. 1018) 11 Sec. 18. Limitation on local regulations and on suits. No 12 local government shall exercise any of its powers to enact 13 local laws or ordinances within an agricultural area in a 14 manner that whichwould unreasonably restrict or regulate 15 farm structures or farming practices, including the 16 acquisition of land by annexation or eminent domain, in 17 contravention of the purposes of this Act. 18 The owners of land within the agricultural area may not 19 be subjected to a civil action for nuisance by a private 20 party. The Department of Agriculture shall give technical 21 assistance and provide other resources for owners of land 22 within an agricultural area if subjected to any other private 23 civil action. Nothing in this Act shall be construed as a 24 limitation or preemption of any statutory or regulatory 25 authority arising under subsection (a) of Section 9 of the 26 Environmental Protection Act. 27 The unless suchrestrictions or regulations may be 28 adopted and the nuisance suits may be allowed if bearing bear29 a direct relationship to the public health or safety. 30 (Source: P.A. 81-1173.) 31 (505 ILCS 5/20.2) (from Ch. 5, par. 1020.2) 32 Sec. 20.2. Adding land to designated agricultural areas. HB0060 Engrossed -13- LRB9100462PTpk 1 Any petition proposalfor adding land to a designated 2 agricultural area shall be submitted to the county board 3 which shall forward the proposal to the county committee 4 within 10 days. Within 45 days from the date the petition 5 proposalwas submitted to it, the county committee shall 6 review the proposed addition and shall recommend the 7 approval, disapproval or modification of the petition 8 proposal. The county committee shall submit a report of its 9 recommendations to the county board which shall act on the 10 recommendations within 30 days. The county board shall 11 notify the Department of Agriculture of any addition of land 12 to a designated agricultural area within 45 days of taking 13 such action. Any land added to a designated agricultural area 14 under this Section shall be subject to review under Section 15 16 at the same times as the original area is subject to such 16 review. The dates for such review and the period during 17 which a petition may be filed under Section 17 shall not be 18 affected by the addition of land under this Section. 19 (Source: P.A. 84-456.) 20 Section 99. Effective date. This Act takes effect upon 21 becoming law.
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