Illinois General Assembly - Full Text of HB1709

LRB104 08748 RTM 18802 b

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB1709

Introduced 1/28/2025, by Rep. Kam Buckner

SYNOPSIS AS INTRODUCED:

New Act

Creates the Local Accessory Dwelling Unit Act. Defines terms. Provides that a unit of local government may not prohibit the building or usage of accessory dwelling units in the unit of local government. Provides that a unit of local government may provide reasonable regulations relating to the size and location of accessory dwelling units similar to other accessory structures unless a regulation would have the effect of prohibiting accessory dwelling units. Limits home rule powers. Effective immediately.

A BILL FOR

AN ACT concerning local government.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act may be cited as the Local Accessory Dwelling Unit Act.

Section 5. Definitions. As used in this Act:

"Accessory dwelling unit" means an attached or detached residential dwelling unit that provides complete independent living facilities for one or more persons, is located on a lot with a proposed or existing primary residence, and includes permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling it is or will be situated. "Accessory dwelling unit" includes, but is not limited to:

(1) An efficiency unit.

(2) A manufactured home, as that term is defined in paragraph (53) of subsection (a) of Section 9-102 of the Uniform Commercial Code.

"Efficiency unit" means a unit for occupancy by no more than 2 persons which has a minimum floor area of 150 square feet and may also have a partial kitchen or bathroom facilities.

Section 10. Regulation of accessory dwelling units.

(a) A unit of local government may not prohibit the building or usage of accessory dwelling units in the unit of local government.

(b) A unit of local government may provide reasonable regulations relating to the size and location of accessory dwelling units similar to other accessory structures unless a regulation would have the effect of prohibiting accessory dwelling units.

Section 15. Home rule. A home rule unit may not regulate accessory dwelling units in a manner inconsistent with this Act. This Act is a limitation under subsection (i) of Section 6 of Article VII of the Illinois Constitution on the concurrent exercise by home rule units of powers and functions exercised by the State.

Section 99. Effective date. This Act takes effect upon becoming law.