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|[ Introduced ]||[ Engrossed ]||[ House Amendment 001 ]|
|[ House Amendment 002 ]|
91_HB0060ham003 LRB9100462PTpkam05 1 AMENDMENT TO HOUSE BILL 60 2 AMENDMENT NO. . Amend House Bill 60, AS AMENDED, by 3 replacing the title with the following: 4 "AN ACT to amend the Agricultural Areas Conservation and 5 Protection Act."; and 6 by replacing everything after the enacting clause with the 7 following: 8 "Section 5. The Agricultural Areas Conservation and 9 Protection Act is amended by changing Sections 4, 5, 6, 7, 8, 10 9, 10, 11, 12, 13, 16, 17, 18, and 20.2 and adding Section 11 11.5 as follows: 12 (505 ILCS 5/4) (from Ch. 5, par. 1004) 13 Sec. 4. Agricultural areas committee. 14 (a) A county board shall
mayestablish a county 15 agricultural areas committee that whichshall consist of (i) 16 4 fouractive farmers, no more than 2 twoof whom shall be of 17 the same major political party, and (ii) a member of the 18 county board. 19 (1) The committee shall select one of its members 20 to serve as chairperson chairman of the county committee. 21 (2) The Such acommittee shall be established -2- LRB9100462PTpkam05 1 whenever a petition is received by the county board for 2 the creation of an agricultural area under pursuant to3 Section 6. A , provided that no suchcounty committee may 4 not be established if one has already been established 5 for the suchcounty. 6 (3) Members of the suchcounty committee shall be 7 appointed by and shall serve at the pleasure of the 8 county appointing authority. 9 (4) The members shall serve without salary, but the 10 county board may entitle each suchmember to 11 reimbursement for hisactual necessary expenses incurred 12 in the performance of hisofficial duties. 13 (b) The Suchcommittee shall advise the county board in 14 relation to the proposed establishment, modification, and 15 termination of agricultural areas. The county committee shall 16 render expert advice relating to the desirability of such 17 action, including advice as to the nature of farming and farm 18 resources within the proposed area and the relation of 19 farming in the sucharea to the county as a whole. 20 (Source: P.A. 81-1173.) 21 (505 ILCS 5/5) (from Ch. 5, par. 1005) 22 Sec. 5. Agricultural areas; creation. Any owner or 23 owners of land may submit a petition proposalto the county 24 board for the creation of an agricultural area within the 25 suchcounty according to the following provisions: .26 (1) An agricultural area, at the creation of the 27 any sucharea, shall notbe at least less than350 acres. 28 (2) The petition Such proposalshall include a 29 description of the proposed area, including its the30 boundaries thereof. 31 (3) The Suchterritory shall be as compact and 32 nearly contiguous as feasible. 33 (4) An area created under this Act shall be -3- LRB9100462PTpkam05 1 established for a period of 10 tenyears. 2 (5) No land shall be included in an agricultural 3 area without the consent of the owner. 4 (6) No land within an agricultural area shall be 5 used for other than agricultural production as described 6 in Sections 3.01 and 3.02 of this Act. 7 (7) Agreements for the extraction of mineral 8 resources duly agreed upon before prior tothe creation 9 of an agricultural area shall be exempted from the use 10 provisions of this Section. In addition, the extraction 11 of mineral resources conducted under pursuant tothe 12 Surface Coal Mining Land Conservation and Reclamation Act 13 shall be considered temporary land use and shall be 14 exempted from the use provisions of this Section. 15 (Source: P.A. 84-456.) 16 (505 ILCS 5/6) (from Ch. 5, par. 1006) 17 Sec. 6. Duties of the county board. 18 (a) Within 10 days after receiving Upon the receipt of19 sucha petition to create an agricultural area proposal, the 20 county board shall provide notice of the petition (i) such21 proposalby publishing a notice in a newspaper having general 22 circulation within the proposed area or, if no suchnewspaper 23 has a general circulation within the proposed area then in a 24 newspaper having general circulation within the county and 25 (ii) by posting the suchnotice in 5 fiveconspicuous places 26 within the proposed area. A copy of the suchnotice shall be 27 sent to the county or regional planning commission for review 28 or written comment to be made to the county board within 30 29 days. Such comment shall be made to the county board.30 The notice required to be published or posted under this 31 Section shall contain the following information: .32 (1) 1.A statement that a petition proposalfor an 33 agricultural area has been filed with the county board -4- LRB9100462PTpkam05 1 under pursuant tothis Act. ;2 (2) 2.A statement that the petition proposalwill 3 be on file open to public inspection at the county 4 clerk's office. ;5 (3) 3.A statement that any landowner, owning land 6 adjacent to or partially encompassed by the proposed area 7 , may propose a modification of the area to include or 8 exclude such lands, within 30 days of the date of 9 publication of the newspaper notice. The proposed 10 modification Such applicationshall be made on forms 11 prescribed by the county board. ;12 (4) 4.A statement that any proposed modification 13 must be filed with the county clerk and the clerk of the 14 county board within 30 days after the publication of the 15 newspaper suchnotice. ;16 (5) 5.A statement that at the termination of the 17 30 day period, the petition proposaland proposed 18 modifications will be submitted to the county committee ,19 and that a public hearing will be held on the petition 20 proposal, proposed modifications, and recommendations of 21 the county committee. 22 (b) The county board shall receive any petitions 23 proposalsfor modifications of the petition that such24 proposal whichmay be submitted by the landowners within 30 25 days after the publication of the suchnotice. 26 (c) The county board shall simultaneously, upon the 27 termination of the such30 day period, refer the petition 28 such proposaland proposed modifications to the county 29 committee that , whichshall, within 45 days, report to the 30 county board its recommendations concerning the petition 31 proposaland proposed modifications. 32 (Source: P.A. 81-1173.) 33 (505 ILCS 5/7) (from Ch. 5, par. 1007) -5- LRB9100462PTpkam05 1 Sec. 7. Public hearing required. 2 (a) The Agricultural Areas Committee of the county board 3 shall hold a public hearing on any petition proposalfor the 4 creation of an agricultural area. The Suchhearing shall be 5 held at a place within the proposed area or a place readily 6 accessible to the proposed area. 7 (b) Notice of the hearing shall contain (i) a statement 8 of the time, date, and place of the public hearing and (ii) a 9 description of the proposed area and any proposed additions. 10 The Suchnotice shall in addition contain a statement 11 that the public hearing will be heheld concerning (i) the 12 original petition proposal, (ii) any written modifications 13 amendmentsproposed during the 30 day review period, and 14 (iii) any recommendations proposed by the county committee or 15 the planning commissions. 16 The notice shall (i) be published in a newspaper having a 17 general circulation within the proposed area or if no 18 newspaper has general circulation within the proposed area, 19 then in a newspaper having general circulation within the 20 county ,and (ii) shall be given in writing to the persons 21 owning land within sucha proposed area and adjacent to the 22 proposed area. 23 (Source: P.A. 81-1173; revised 12-23-98.) 24 (505 ILCS 5/8) (from Ch. 5, par. 1008) 25 Sec. 8. Factors for Consideration information of 26 agricultural areas. 27 (a) County boards, county committees, and planning 28 commissions shall grant a preference to the recommendations 29 of the landowners within the proposed agricultural area. The 30 following factors should also be considered by county boards, 31 county committees, or planning commissions, with respect to 32 the formation of any agricultural area: 33 (1) 1.The viability of active farming within the -6- LRB9100462PTpkam05 1 proposed area and in areas adjacent to the proposed area. 2 thereto;3 (2) 2.The presence of any viable farmlands within 4 the proposed area and within land adjacent to the 5 proposed area theretothat are not now in active farming. 6 ;7 (3) 3.The nature and extent of land uses other 8 than active farming within the proposed area and land 9 adjacent to the proposed area. thereto;10 (4) 4.County developmental patterns, plans, and 11 needs. ;12 (5) 5.The existence of a conservation plan 13 approved by the local soil and water conservation 14 district. ; and15 (6) 6.Any other matter that whichmay be relevant. 16 (b) In judging viability, any relevant agricultural 17 information shall be considered, including: 18 (1) Soil. ,19 (2) Climate. ,20 (3) Topography. ,21 (4) Other natural factors. ,22 (5) Markets for farm products. ,23 (6) The extent and nature of farm improvements. ,24 (7) The present status of farming. ,25 (8) Anticipated trends in agricultural economic 26 conditions and technology. , and such27 (9) Other factors as may be relevant. 28 (Source: P.A. 84-456.) 29 (505 ILCS 5/9) (from Ch. 5, par. 1009) 30 Sec. 9. Municipal notice and objections. 31 (a) If the proposed agricultural area includes real 32 estate within a 1 and one-half 1/2mile radius from the 33 corporate limits of any municipality, the county board shall -7- LRB9100462PTpkam05 1 notify the municipal authorities of the suchaffected 2 municipality of this proposed area. 3 (b) The Suchmunicipal authorities may object to the 4 petition proposalif the suchobjection is presented to the 5 county board within 30 days of the receipt of the petition 6 proposalby the municipal authorities. 7 Upon receipt of the suchobjection by the county board, 8 the proposed area shall be modified to exclude the real 9 estate within the 1 and one-half 1/2mile radius of the 10 corporate limits of the suchmunicipality, unless the 11 property in question is approved for inclusion in the 12 agricultural area by a favorable vote of three-fourths of all 13 members of the county board. In counties where the county 14 board consists of 3 members, only a two-thirds vote is 15 required. If no objection is received within the specified 16 time period, the affected real estate shall be included in 17 the agricultural area. 18 (Source: P.A. 81-1173.) 19 (505 ILCS 5/10) (from Ch. 5, par. 1010) 20 Sec. 10. Adoption of petition planby county board. The21 county board,After receiving the reports of the county 22 committee and other comments ,and after the suchpublic 23 hearing, the county board may adopt as a planthe petition 24 proposalor any modification of the petition proposalit 25 deems appropriate ,including the inclusion, to the extent 26 feasible, ofadjacent viable farmlands ,and may exclude the27 exclusion, to the extent feasible, ofnon-viable farmland and 28 non-farm land. The county board shall act to adopt or reject 29 the petition proposal,or any modification of it not later 30 than 45 days from the date that the county committee's 31 recommendation on the petition proposalwas submitted to it. 32 The county board shall notify the Department of Agriculture 33 of the adoption or rejection of the petition proposaland -8- LRB9100462PTpkam05 1 shall provide the Department with a description of the 2 agricultural area within 45 days of taking the suchaction. 3 (Source: P.A. 84-456.) 4 (505 ILCS 5/11) (from Ch. 5, par. 1011) 5 Sec. 11. Filing Requirement thatdescription of area 6 Agricultural Areas be filedwith county clerk and recorder. 7 Upon the creation or alteration of an agricultural area, the 8 county board must file the description and the accompanying 9 board resolution or ordinance: thereof shall be filed by the10 county board11 (1) With the county clerk. 12 (2) Such description shall also be placedOn record 13 in the office of the recorder. 14 (Source: P.A. 84-456.) 15 (505 ILCS 5/11.5 new) 16 Sec. 11.5. Stewardship agreements. The Department of 17 Agriculture may enter into agreements with any federal or 18 State agency, other entity, or with any landowner within an 19 agricultural area or proposed agricultural area as may be 20 necessary to furnish surveys, engineering, and assistance for 21 the formation, expansion, maintenance, or renewal of 22 agricultural conservation practices. The Department of 23 Agriculture shall develop, by rule, an incentive program for 24 land stewardship that pays up to 75% of the costs of these 25 conservation practices for land that is designated or 26 proposed to be designated as an agricultural area. 27 (505 ILCS 5/12) (from Ch. 5, par. 1012) 28 Sec. 12. Petition for Withdrawal. Any person owning land 29 within an agricultural area may submit a petition to the 30 county board requesting the withdrawal of land from the 31 agricultural area located within that county. Such petition -9- LRB9100462PTpkam05 1 must contain: 2 1. A statement indicating the proposed alternative use 3 of the land. 4 2. An explanation of the necessity for changing the 5 current use. 6 3. An explanation why land outside the agricultural area 7 would not be suitable for proposed use. 8 4. A legal description, map, and acreage of the land 9 proposed for withdrawal. 10 (Source: P.A. 81-1173.) 11 (505 ILCS 5/13) (from Ch. 5, par. 1013) 12 Sec. 13. Procedures for Consideration of Petition for 13 Withdrawal. 14 1. Within 5 days after the receipt of a petition for 15 withdrawal of land from an agricultural area, the county 16 board shall provide notice of such petition by certified mail 17 to all record owners of property in the agricultural area and 18 by publishing a notice in a newspaper having general 19 circulation in the immediate area of the affected land or, if 20 no such newspaper has a general circulation within such area, 21 then in a newspaper having general circulation within the 22 county, and by posting such notice in 5 conspicuous places 23 within the immediate area of the affected land. Such notice 24 shall contain the following information: 25 (a) a statement that a petition for withdrawal of 26 land from an agricultural area has been filed with the 27 county board pursuant to this Act; 28 (b) a statement that the petition will be on file 29 open to public inspection at the county clerk's office; 30 (c) a brief, narrative description of the location 31 of the affected land; 32 (d) a statement of the proposed non-agricultural 33 use of the land; -10- LRB9100462PTpkam05 1 (e) a statement that the petition will be referred 2 to the county committee and to the regional and county 3 planning commissions, if any, for review and comment; 4 (f) a statement that a public hearing will be held 5 within 60 days on the petition and on the recommendations 6 of the county committee and of the regional and county 7 planning commissions, if any, at a time and place to be 8 announced. 9 2. Within 5 days after the receipt of a petition for 10 withdrawal of land from an agricultural area, the county 11 board shall refer the petition to the county committee, which 12 shall, within 30 days of its receipt of the petition, report 13 to the county board its recommendations. 14 3. Within 5 days after the receipt of a petition for 15 withdrawal of land from an agricultural area, the county 16 board shall refer the petition to the regional and county 17 planning commissions, if any, which shall, within 30 days of 18 their receipt of the petition, report to the county board 19 their recommendations concerning the potential effect of the 20 withdrawal of land from an agricultural area upon the 21 development patterns and needs of the county and upon the 22 county's planning objectives. 23 (Source: P.A. 81-1173.) 24 (505 ILCS 5/16) (from Ch. 5, par. 1016) 25 Sec. 16. Review of agricultural areas by county board. 26 The county board shall review any agricultural area created 27 under this Act every 10 years after the date of its creation 28 and every 8 years thereafter. In conducting the suchreview, 29 the county board shall: 30 (1) Grant a preference to the recommendations of 31 the landowners in the agricultural area. 32 (2) Ask for the recommendations of the county 33 committee. , and shall,-11- LRB9100462PTpkam05 1 (3) At least 120 days before the 10-year prior to2 suchdate, require the Agricultural Areas Committee to 3 hold a public hearing at a place within the area or other 4 readily accessible place. The Committee must give (i) 5 uponnotice being givenin a newspaper having general 6 circulation within the area or if there is no such7 newspaper, then in a newspaper having general circulation 8 within the county, and (ii) individual notice in writing 9 to the persons owning land within the area, to the 10 persons owning land adjacent to the area, and to the 11 county or regional planning commission. 12 Included in the notice to the landowners owning land in 13 the agricultural area shall be a statement that, by 14 submitting a letter to the agricultural areas committee at or 15 prior to the public hearing, any landowner of land within the 16 agricultural area may request that his or her land be removed 17 from the agricultural area to be reviewed. The letter must 18 contain: 19 (1) a request to remove land from the agricultural 20 area; 21 (2) an affidavit that the author is the landowner 22 of the land proposed for removal from the agricultural 23 area; and 24 (3) a legal description, map, and acres proposed 25 for removal from the agricultural area. 26 The land described in the letter shall no longer be included 27 in the agricultural area. 28 The county boardAfter receiving the landowners' 29 recommendations and the reports of the county committee and 30 after the public hearing, the county board may (i) terminate 31 the area at the end of a such10 or 8year period periodsby 32 filing a notice of termination with the county clerk, (ii) 33 decide not to take any action, or (iii) the county board may34 modify the area in the same manner as is provided in Section -12- LRB9100462PTpkam05 1 6 of this Act. If the county board does not act, the area 2 shall continue as originally constituted. The county board 3 shall notify the Department of Agriculture of any alterations 4 to an agricultural area or the termination of an agricultural 5 area within 45 days of taking the suchaction. 6 (Source: P.A. 84-456.) 7 (505 ILCS 5/17) (from Ch. 5, par. 1017) 8 Sec. 17. Petition for dissolution. Ten years after the 9 date of creation of any agricultural area and every 10 years 10 thereafter, owners of land within the sucharea may petition 11 the county board to dissolve the area. The Suchpetition must 12 be submitted in writing to the county board during the year 13 120 day periodimmediately prior to the 10th anniversary of 14 the creation of the area. If Shouldthe petition contains 15 containsignatures of at least two-thirdsof the landowners ,16 their heirs, assigns or representatives,owning at least 17 two-thirds of the land within the area, the area shall be 18 dissolved. The county board shall notify the Department of 19 Agriculture of the dissolution of any agricultural area 20 within 45 days of taking the suchaction. 21 (Source: P.A. 84-456.) 22 (505 ILCS 5/18) (from Ch. 5, par. 1018) 23 Sec. 18. Limitation on local regulations and on suits. No 24 local government shall exercise any of its powers to enact 25 local laws or ordinances within an agricultural area in a 26 manner that whichwould unreasonably restrict or regulate 27 farm structures or farming practices, including the 28 acquisition of land by annexation or eminent domain, in 29 contravention of the purposes of this Act. 30 The owners of land within the agricultural area may not 31 be subjected to a civil action for nuisance by a private 32 party. The Department of Agriculture shall give technical -13- LRB9100462PTpkam05 1 assistance and provide other resources for owners of land 2 within an agricultural area if subjected to any other private 3 civil action. Nothing in this Act shall be construed as a 4 limitation or preemption of any statutory or regulatory 5 authority arising under subsection (a) of Section 9 of the 6 Environmental Protection Act. 7 The unless suchrestrictions or regulations may be 8 adopted and the nuisance suits may be allowed if bearing bear9 a direct relationship to the public health or safety. 10 (Source: P.A. 81-1173.) 11 (505 ILCS 5/20.2) (from Ch. 5, par. 1020.2) 12 Sec. 20.2. Adding land to designated agricultural areas. 13 Any petition proposalfor adding land to a designated 14 agricultural area shall be submitted to the county board 15 which shall forward the proposal to the county committee 16 within 10 days. Within 45 days from the date the petition 17 proposalwas submitted to it, the county committee shall 18 review the proposed addition and shall recommend the 19 approval, disapproval or modification of the petition 20 proposal. The county committee shall submit a report of its 21 recommendations to the county board which shall act on the 22 recommendations within 30 days. The county board shall 23 notify the Department of Agriculture of any addition of land 24 to a designated agricultural area within 45 days of taking 25 such action. Any land added to a designated agricultural area 26 under this Section shall be subject to review under Section 27 16 at the same times as the original area is subject to such 28 review. The dates for such review and the period during 29 which a petition may be filed under Section 17 shall not be 30 affected by the addition of land under this Section. 31 (Source: P.A. 84-456.) 32 Section 99. Effective date. This Act takes effect upon -14- LRB9100462PTpkam05 1 becoming law.".
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