Illinois General Assembly - 65 ILCS 5/ Illinois Municipal Code.

(65 ILCS 5/Art. 11 Div. 15.4 heading) DIVISION 15.4. MUNICIPAL URBAN AGRICULTURAL AREAS (Source: P.A. 100-1133, eff. 1-1-19.)

(65 ILCS 5/11-15.4-5)

Sec. 11-15.4-5. Definitions. As used in this Division:

"Agricultural product" means an agricultural, horticultural, viticultural, aquacultural, or vegetable product, either in its natural or processed state, that has been produced, processed, or otherwise had value added to it in this State. "Agricultural product" includes, but is not limited to, growing of grapes that will be processed into wine; bees; honey; fish or other aquacultural product; planting seed; livestock or livestock product; forestry product; and poultry or poultry product.

"Aquaculture" means the controlled propagation, growth and harvest of aquatic organisms, including but not limited to fish, shellfish, mollusks, crustaceans, algae and other aquatic plants, by an aquaculturist.

"Aquatic products" means any aquatic plants and animals or their by-products that are produced, grown, managed, harvested and marketed on an annual, semi-annual, biennial or short-term basis, in permitted aquaculture facilities.

"Department" means the Department of Agriculture.

"Livestock" means cattle; calves; sheep; swine; ratite birds, including, but not limited to, ostrich and emu; aquatic products obtained through aquaculture; llamas; alpaca; buffalo; elk documented as obtained from a legal source and not from the wild; goats; horses and other equines; or rabbits raised in confinement for human consumption.

"Locally grown" means a product that was grown or raised in the same county or adjoining county in which the urban agricultural area is located.

"Partner organization" means a nonprofit organization that meets standards set forth by Section 501(c)(3) of the Internal Revenue Code and whose mission includes supporting small, beginning, limited resource, or socially-disadvantaged farmers within municipalities.

"Poultry" means any domesticated bird intended for human consumption.

"Qualifying farmer" means an individual or entity that meets at least one of the following:

(1) is a small or medium sized farmer;

(2) is a beginning farmer;

(3) is a limited resource farmer; or

(4) is a socially-disadvantaged farmer.

"Small or medium sized farmer", "beginning farmer", "limited resource farmer", and "socially-disadvantaged farmer" have the meanings given to those terms in rules adopted by the Department as provided in Section 205-65 of the Department of Agriculture Law.

"Urban agricultural area" means an area defined by a municipality and entirely within that municipality's boundaries within which one or more qualifying farmers are processing, growing, raising, or otherwise producing locally-grown agricultural products.

(Source: P.A. 102-555, eff. 1-1-22.)

(65 ILCS 5/11-15.4-10)

Sec. 11-15.4-10. Urban agricultural area committee.

(a) The corporate authorities of a municipality that seek to establish an urban agricultural area shall first establish an urban agricultural area committee after it receives an application to establish an urban agricultural area under Section 11-15.4-15. There shall be 5 members on the committee. One member of the committee shall be a member of the municipality's board and shall be appointed by the board. The remaining 4 members shall be appointed by the president or mayor of the municipality. The 4 members chosen by the president or mayor shall all be residents of the municipality in which the urban agricultural area is to be located, and at least one of the 4 members shall have experience in or represent an organization associated with sustainable agriculture, urban farming, community gardening, or any of the activities or products authorized by this Division for urban agricultural areas.

(b) The members of the committee annually shall elect a chair from among the members. The members shall serve without compensation, but may be reimbursed for actual and necessary expenses incurred in the performance of their official duties.

(c) A majority of the members shall constitute a quorum of the committee for the purpose of conducting business and exercising the powers of the committee and for all other purposes. Action may be taken by the committee upon a vote of a majority of the members present.

(d) The role of the committee shall be to conduct the activities necessary to advise the corporate authorities of the municipality on the designation, modification, and termination of an urban agricultural area and any other advisory duties as determined by the corporate authorities of the municipality. The role of the committee after the designation of an urban agricultural area shall be review and assessment of an urban agricultural area's activities.

(Source: P.A. 100-1133, eff. 1-1-19.)

(65 ILCS 5/11-15.4-15)

Sec. 11-15.4-15. Application for an urban agricultural area; review; dissolution.

(a) A qualified farmer or partner organization may submit to the municipal clerk an application to establish an urban agricultural area. The application shall demonstrate or identify:

(1) that the applicant is a qualified farmer;

(2) the number of jobs to be created, maintained, or

supported within the proposed urban agricultural area;

(3) the types of products to be produced; and

(4) the geographic description of the area that will

be included in the urban agricultural area.

(b) An urban agricultural area committee shall review and modify the application as necessary before the municipality either approves or denies the request to establish an urban agricultural area.

(c) Approval of the urban agricultural area by a municipality shall be reviewed every 5 years after the development of the urban agricultural area. After 25 years, the urban agricultural area shall dissolve. If the municipality finds during its review that the urban agricultural area is not meeting the requirements set out in this Division, the municipality may dissolve the urban agricultural area by ordinance or resolution.

(Source: P.A. 100-1133, eff. 1-1-19.)

(65 ILCS 5/11-15.4-20)

Sec. 11-15.4-20. Notice and public hearing; urban agricultural area ordinance. Prior to the adoption of an ordinance designating an urban agricultural area, the urban agricultural area committee shall fix a time and place for a public hearing and notify each taxing unit of local government located wholly or partially within the boundaries of the proposed urban agricultural area. The committee shall publish notice of the hearing in a newspaper of general circulation in the area to be affected by the designation at least 20 days prior to the hearing but not more than 30 days prior to the hearing. The notice shall state the time, location, date, and purpose of the hearing. At the public hearing, any interested person or affected taxing unit of local government may file with the committee written objections or comments and may be heard orally in respect to, any issues embodied in the notice. The committee shall hear and consider all objections, comments, and other evidence presented at the hearing. The hearing may be continued to another date without further notice other than a motion to be entered upon the minutes fixing the time and place of the subsequent hearing.

Following the conclusion of the public hearing required under this Section, the corporate authorities of the municipality may adopt an ordinance establishing and designating an urban agricultural area.

(Source: P.A. 100-1133, eff. 1-1-19.)

(65 ILCS 5/11-15.4-25)

Sec. 11-15.4-25. Taxation of property; water rates and charges.

(a) If authorized by the ordinance that establishes an urban agricultural area under Section 11-15.4-20, a municipality may provide for the abatement of taxes it levies upon real property located within an urban agricultural area that is used by a qualifying farmer for processing, growing, raising, or otherwise producing agricultural products under item (11) of subsection (a) of Section 18-165 of the Property Tax Code. Parcels of property assessed under Section 10-110 of the Property Tax Code are not eligible for the abatements provided in this subsection; except that if real property assessed under Section 10-110 is reassessed and is subsequently no longer assessed under Section 10-110, that property becomes eligible for the abatements provided for in this Section. Real property located in a redevelopment area created under the Tax Increment Allocation Redevelopment Act and an urban agricultural area created under this Division may be eligible for an abatement under this Section, but only with respect to the initial equalized assessed value of the real property.

(b) A municipality may authorize an entity providing water, electricity, or other utilities to an urban agricultural area to allow qualified farmers and partner organizations in the urban agricultural area to: (1) pay wholesale or otherwise reduced rates for service to property within the urban agricultural area that is used for processing, growing, raising, or otherwise producing agricultural products; or (2) pay reduced or waived connection charges for service to property within the urban agricultural area that is used for processing, growing, raising, or otherwise producing agricultural products.

(Source: P.A. 100-1133, eff. 1-1-19.)

(65 ILCS 5/11-15.4-30)

Sec. 11-15.4-30. Unreasonable restrictions and regulations; special assessments and levies.

(a) A municipality may not exercise any of its powers to enact ordinances within an urban agricultural area in a manner that would unreasonably restrict or regulate farming practices in contravention of the purposes of this Act unless the restrictions or regulations bear a direct relationship to public health or safety.

(b) A unit of local government providing public services, such as sewer, water, lights, or non-farm drainage, may not impose benefit assessments or special ad valorem levies on land within an urban agricultural area on the basis of frontage, acreage, or value unless the benefit assessments or special ad valorem levies were imposed prior to the formation of the urban agricultural area or unless the service is provided to the landowner on the same basis as others having the service.

(Source: P.A. 100-1133, eff. 1-1-19.)

(65 ILCS 5/Art. 11 Div. 15.5 heading) Division 15.5. Solar Bill of Rights (Source: P.A. 104-458, eff. 6-1-26.)

(65 ILCS 5/11-15.5-5)

(This Section may contain text from a Public Act with a delayed effective date)

Sec. 11-15.5-5. Definitions. As used in this Division:

"Low-voltage solar-powered device" means a piece of equipment designed for a particular purpose, including, but not limited to, doorbells, security systems, and illumination equipment, powered by a solar collector operating at less than 50 volts, and located:

(1) entirely within the lot or parcel owned by the

property owner; or

(2) within a common area without being permanently

attached to common property.

"Solar collector" means:

(1) an assembly, structure, or design, including

passive elements, used for gathering, concentrating, or absorbing direct and indirect solar energy and specially designed for holding a substantial amount of useful thermal energy and to transfer that energy to a gas, solid, or liquid or to use that energy directly;

(2) a mechanism that absorbs solar energy and

converts it into electricity;

(3) a mechanism or process used for gathering solar

energy through wind or thermal gradients; or

(4) a component used to transfer thermal energy to a

gas, solid, or liquid, or to convert it into electricity.

"Solar energy" means radiant energy received from the sun at wavelengths suitable for heat transfer, photosynthetic use, or photovoltaic use.

"Solar energy system" means:

(1) a complete assembly, structure, or design of a

solar collector or a solar storage mechanism that uses solar energy for generating electricity or for heating or cooling gases, solids, liquids, or other materials; and

(2) the design, materials, or elements of a system

and its maintenance, operation, and labor components, and the necessary components, if any, of supplemental conventional energy systems designed or constructed to interface with a solar energy system.

"Solar storage mechanism" means equipment or elements, such as piping and transfer mechanisms, containers, heat exchangers, batteries, or controls thereof and gases, solids, liquids, or combinations thereof, that are utilized for storing solar energy, gathered by a solar collector, for subsequent use.

(Source: P.A. 104-458, eff. 6-1-26.)

(65 ILCS 5/11-15.5-10)

(This Section may contain text from a Public Act with a delayed effective date)

Sec. 11-15.5-10. Prohibitions. Notwithstanding any provision of this Code or other provision of law, the adoption of any ordinance or resolution or the exercise of any power, by municipality that prohibits or has the effect of prohibiting the installation of a solar energy system or low-voltage solar-powered devices is expressly prohibited. Municipalities that own local electric distribution systems may adopt and implement reasonable policies, consistent with Section 17-900 of the Public Utilities Act, regarding the interconnection and use of solar energy systems.

(Source: P.A. 104-458, eff. 6-1-26.)

(65 ILCS 5/11-15.5-20)

(This Section may contain text from a Public Act with a delayed effective date)

Sec. 11-15.5-20. Costs; attorney's fees. In any litigation arising under this Division or involving the application of this Division, the prevailing party shall be entitled to costs and reasonable attorney's fees.

(Source: P.A. 104-458, eff. 6-1-26.)

(65 ILCS 5/11-15.5-25)

(This Section may contain text from a Public Act with a delayed effective date)

Sec. 11-15.5-25. Applicability.

(a) As used in this Section, "shared roof" means any roof that (i) serves more than one unit, including, but not limited to, a contiguous roof serving adjacent units, or (ii) is part of the common elements or common area of a unit.

(b) This Division shall not apply to any building that:

(1) is greater than 60 feet in height; or

(2) has a shared roof.

(c) Notwithstanding subsection (b) of this Section, this Division shall apply to any building with a shared roof:

(1) where the solar energy system is located entirely

within that portion of the shared roof owned and maintained by the property owner;

(2) where all property owners sharing the shared roof

are in agreement to install a solar energy system; or

(3) to the extent this Division applies to

low-voltage solar-powered devices.

(Source: P.A. 104-458, eff. 6-1-26.)