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Illinois Compiled Statutes
Information maintained by the Legislative Reference Bureau Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide. Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.
COUNTIES (55 ILCS 5/) Counties Code. 55 ILCS 5/5-12020 (55 ILCS 5/5-12020) Sec. 5-12020. Commercial wind energy facilities and commercial solar energy facilities. (a) As used in this Section: "Commercial solar energy facility" means a "commercial solar energy system" as defined in Section 10-720 of the Property Tax Code. "Commercial solar energy facility" does not mean a utility-scale solar energy facility being constructed at a site that was eligible to participate in a procurement event conducted by the Illinois Power Agency pursuant to subsection (c-5) of Section 1-75 of the Illinois Power Agency Act. "Commercial wind energy facility" means a wind energy conversion facility of equal or greater than 500 kilowatts in total nameplate generating capacity. "Commercial wind energy facility" includes a wind energy conversion facility seeking an extension of a permit to construct granted by a county or municipality before January 27, 2023 (the effective date of Public Act 102-1123). "Facility owner" means (i) a person with a direct ownership interest in a commercial wind energy facility or a commercial solar energy facility, or both, regardless of whether the person is involved in acquiring the necessary rights, permits, and approvals or otherwise planning for the construction and operation of the facility, and (ii) at the time the facility is being developed, a person who is acting as a developer of the facility by acquiring the necessary rights, permits, and approvals or by planning for the construction and operation of the facility, regardless of whether the person will own or operate the facility. "Nonparticipating property" means real property that is not a participating property. "Nonparticipating residence" means a residence that is located on nonparticipating property and that is existing and occupied on the date that an application for a permit to develop the commercial wind energy facility or the commercial solar energy facility is filed with the county. "Occupied community building" means any one or more of the following buildings that is existing and occupied on the date that the application for a permit to develop the commercial wind energy facility or the commercial solar energy facility is filed with the county: a school, place of worship, day care facility, public library, or community center. "Participating property" means real property that is the subject of a written agreement between a facility owner and the owner of the real property that provides the facility owner an easement, option, lease, or license to use the real property for the purpose of constructing a commercial wind energy facility, a commercial solar energy facility, or supporting facilities. "Participating property" also includes real property that is owned by a facility owner for the purpose of constructing a commercial wind energy facility, a commercial solar energy facility, or supporting facilities. "Participating residence" means a residence that is located on participating property and that is existing and occupied on the date that an application for a permit to develop the commercial wind energy facility or the commercial solar energy facility is filed with the county. "Protected lands" means real property that is: (1) subject to a permanent conservation right | | consistent with the Real Property Conservation Rights Act; or
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| (2) registered or designated as a nature preserve,
| | buffer, or land and water reserve under the Illinois Natural Areas Preservation Act.
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| "Supporting facilities" means the transmission lines, substations, access roads, meteorological towers, storage containers, and equipment associated with the generation and storage of electricity by the commercial wind energy facility or commercial solar energy facility.
"Wind tower" includes the wind turbine tower, nacelle, and blades.
(b) Notwithstanding any other provision of law or whether the county has formed a zoning commission and adopted formal zoning under Section 5-12007, a county may establish standards for commercial wind energy facilities, commercial solar energy facilities, or both. The standards may include all of the requirements specified in this Section but may not include requirements for commercial wind energy facilities or commercial solar energy facilities that are more restrictive than specified in this Section. A county may also regulate the siting of commercial wind energy facilities with standards that are not more restrictive than the requirements specified in this Section in unincorporated areas of the county that are outside the zoning jurisdiction of a municipality and that are outside the 1.5-mile radius surrounding the zoning jurisdiction of a municipality.
(c) If a county has elected to establish standards under subsection (b), before the county grants siting approval or a special use permit for a commercial wind energy facility or a commercial solar energy facility, or modification of an approved siting or special use permit, the county board of the county in which the facility is to be sited or the zoning board of appeals for the county shall hold at least one public hearing. The public hearing shall be conducted in accordance with the Open Meetings Act and shall be held not more than 60 days after the filing of the application for the facility. The county shall allow interested parties to a special use permit an opportunity to present evidence and to cross-examine witnesses at the hearing, but the county may impose reasonable restrictions on the public hearing, including reasonable time limitations on the presentation of evidence and the cross-examination of witnesses. The county shall also allow public comment at the public hearing in accordance with the Open Meetings Act. The county shall make its siting and permitting decisions not more than 30 days after the conclusion of the public hearing. Notice of the hearing shall be published in a newspaper of general circulation in the county. A facility owner must enter into an agricultural impact mitigation agreement with the Department of Agriculture prior to the date of the required public hearing. A commercial wind energy facility owner seeking an extension of a permit granted by a county prior to July 24, 2015 (the effective date of Public Act 99-132) must enter into an agricultural impact mitigation agreement with the Department of Agriculture prior to a decision by the county to grant the permit extension. Counties may allow test wind towers or test solar energy systems to be sited without formal approval by the county board.
(d) A county with an existing zoning ordinance in conflict with this Section shall amend that zoning ordinance to be in compliance with this Section within 120 days after January 27, 2023 (the effective date of Public Act 102-1123).
(e) A county may require:
(1) a wind tower of a commercial wind energy facility
| | to be sited as follows, with setback distances measured from the center of the base of the wind tower:
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Setback Description Setback Distance
Occupied Community 2.1 times the maximum blade tip
Buildings height of the wind tower to the
nearest point on the outside
wall of the structure
Participating Residences 1.1 times the maximum blade tip
height of the wind tower to the
nearest point on the outside
wall of the structure
Nonparticipating Residences 2.1 times the maximum blade tip
height of the wind tower to the
nearest point on the outside
wall of the structure
Boundary Lines of None
Participating Property
Boundary Lines of 1.1 times the maximum blade tip
Nonparticipating Property height of the wind tower to the
nearest point on the property
line of the nonparticipating
property
Public Road Rights-of-Way 1.1 times the maximum blade tip
height of the wind tower
to the center point of the
public road right-of-way
Overhead Communication and 1.1 times the maximum blade tip
Electric Transmission height of the wind tower to the
and Distribution Facilities nearest edge of the property
(Not Including Overhead line, easement, or
Utility Service Lines to right-of-way
Individual Houses or containing the overhead line
Outbuildings)
Overhead Utility Service None
Lines to Individual
Houses or Outbuildings
Fish and Wildlife Areas 2.1 times the maximum blade
and Illinois Nature tip height of the wind tower
Preserve Commission to the nearest point on the
Protected Lands property line of the fish and
wildlife area or protected
land
This Section does not exempt or excuse compliance with
| | electric facility clearances approved or required by the National Electrical Code, The National Electrical Safety Code, Illinois Commerce Commission, Federal Energy Regulatory Commission, and their designees or successors.
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(2) a wind tower of a commercial wind energy facility
| | to be sited so that industry standard computer modeling indicates that any occupied community building or nonparticipating residence will not experience more than 30 hours per year of shadow flicker under planned operating conditions;
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| (3) a commercial solar energy facility to be sited as
| | follows, with setback distances measured from the nearest edge of any component of the facility:
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Setback Description Setback Distance
Occupied Community 150 feet from the nearest
Buildings and Dwellings on point on the outside wall
Nonparticipating Properties of the structure
Boundary Lines of None
Participating Property
Public Road Rights-of-Way 50 feet from the nearest
edge
Boundary Lines of 50 feet to the nearest
Nonparticipating Property point on the property
line of the nonparticipating
property
(4) a commercial solar energy facility to be sited so
| | that the facility's perimeter is enclosed by fencing having a height of at least 6 feet and no more than 25 feet; and
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| (5) a commercial solar energy facility to be sited so
| | that no component of a solar panel has a height of more than 20 feet above ground when the solar energy facility's arrays are at full tilt.
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| The requirements set forth in this subsection (e) may be waived subject to the written consent of the owner of each affected nonparticipating property.
(f) A county may not set a sound limitation for wind towers in commercial wind energy facilities or any components in commercial solar energy facilities that is more restrictive than the sound limitations established by the Illinois Pollution Control Board under 35 Ill. Adm. Code Parts 900, 901, and 910.
(g) A county may not place any restriction on the installation or use of a commercial wind energy facility or a commercial solar energy facility unless it adopts an ordinance that complies with this Section. A county may not establish siting standards for supporting facilities that preclude development of commercial wind energy facilities or commercial solar energy facilities.
A request for siting approval or a special use permit for a commercial wind energy facility or a commercial solar energy facility, or modification of an approved siting or special use permit, shall be approved if the request is in compliance with the standards and conditions imposed in this Act, the zoning ordinance adopted consistent with this Code, and the conditions imposed under State and federal statutes and regulations.
(h) A county may not adopt zoning regulations that disallow, permanently or temporarily, commercial wind energy facilities or commercial solar energy facilities from being developed or operated in any district zoned to allow agricultural or industrial uses.
(i) A county may not require permit application fees for a commercial wind energy facility or commercial solar energy facility that are unreasonable. All application fees imposed by the county shall be consistent with fees for projects in the county with similar capital value and cost.
(j) Except as otherwise provided in this Section, a county shall not require standards for construction, decommissioning, or deconstruction of a commercial wind energy facility or commercial solar energy facility or related financial assurances that are more restrictive than those included in the Department of Agriculture's standard wind farm agricultural impact mitigation agreement, template 81818, or standard solar agricultural impact mitigation agreement, version 8.19.19, as applicable and in effect on December 31, 2022. The amount of any decommissioning payment shall be in accordance with the financial assurance required by those agricultural impact mitigation agreements.
(j-5) A commercial wind energy facility or a commercial solar energy facility shall file a farmland drainage plan with the county and impacted drainage districts outlining how surface and subsurface drainage of farmland will be restored during and following construction or deconstruction of the facility. The plan is to be created independently by the facility developer and shall include the location of any potentially impacted drainage district facilities to the extent this information is publicly available from the county or the drainage district, plans to repair any subsurface drainage affected during construction or deconstruction using procedures outlined in the agricultural impact mitigation agreement entered into by the commercial wind energy facility owner or commercial solar energy facility owner, and procedures for the repair and restoration of surface drainage affected during construction or deconstruction. All surface and subsurface damage shall be repaired as soon as reasonably practicable.
(k) A county may not condition approval of a commercial wind energy facility or commercial solar energy facility on a property value guarantee and may not require a facility owner to pay into a neighboring property devaluation escrow account.
(l) A county may require certain vegetative screening surrounding a commercial wind energy facility or commercial solar energy facility but may not require earthen berms or similar structures.
(m) A county may set blade tip height limitations for wind towers in commercial wind energy facilities but may not set a blade tip height limitation that is more restrictive than the height allowed under a Determination of No Hazard to Air Navigation by the Federal Aviation Administration under 14 CFR Part 77.
(n) A county may require that a commercial wind energy facility owner or commercial solar energy facility owner provide:
(1) the results and recommendations from consultation
| | with the Illinois Department of Natural Resources that are obtained through the Ecological Compliance Assessment Tool (EcoCAT) or a comparable successor tool; and
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| (2) the results of the United States Fish and
| | Wildlife Service's Information for Planning and Consulting environmental review or a comparable successor tool that is consistent with (i) the "U.S. Fish and Wildlife Service's Land-Based Wind Energy Guidelines" and (ii) any applicable United States Fish and Wildlife Service solar wildlife guidelines that have been subject to public review.
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| (o) A county may require a commercial wind energy facility or commercial solar energy facility to adhere to the recommendations provided by the Illinois Department of Natural Resources in an EcoCAT natural resource review report under 17 Ill. Adm. Code Part 1075.
(p) A county may require a facility owner to:
(1) demonstrate avoidance of protected lands as
| | identified by the Illinois Department of Natural Resources and the Illinois Nature Preserve Commission; or
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| (2) consider the recommendations of the Illinois
| | Department of Natural Resources for setbacks from protected lands, including areas identified by the Illinois Nature Preserve Commission.
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| (q) A county may require that a facility owner provide evidence of consultation with the Illinois State Historic Preservation Office to assess potential impacts on State-registered historic sites under the Illinois State Agency Historic Resources Preservation Act.
(r) To maximize community benefits, including, but not limited to, reduced stormwater runoff, flooding, and erosion at the ground mounted solar energy system, improved soil health, and increased foraging habitat for game birds, songbirds, and pollinators, a county may (1) require a commercial solar energy facility owner to plant, establish, and maintain for the life of the facility vegetative ground cover, consistent with the goals of the Pollinator-Friendly Solar Site Act and (2) require the submittal of a vegetation management plan that is in compliance with the agricultural impact mitigation agreement in the application to construct and operate a commercial solar energy facility in the county if the vegetative ground cover and vegetation management plan comply with the requirements of the underlying agreement with the landowner or landowners where the facility will be constructed.
No later than 90 days after January 27, 2023 (the effective date of Public Act 102-1123), the Illinois Department of Natural Resources shall develop guidelines for vegetation management plans that may be required under this subsection for commercial solar energy facilities. The guidelines must include guidance for short-term and long-term property management practices that provide and maintain native and non-invasive naturalized perennial vegetation to protect the health and well-being of pollinators.
(s) If a facility owner enters into a road use agreement with the Illinois Department of Transportation, a road district, or other unit of local government relating to a commercial wind energy facility or a commercial solar energy facility, the road use agreement shall require the facility owner to be responsible for (i) the reasonable cost of improving roads used by the facility owner to construct the commercial wind energy facility or the commercial solar energy facility and (ii) the reasonable cost of repairing roads used by the facility owner during construction of the commercial wind energy facility or the commercial solar energy facility so that those roads are in a condition that is safe for the driving public after the completion of the facility's construction. Roadways improved in preparation for and during the construction of the commercial wind energy facility or commercial solar energy facility shall be repaired and restored to the improved condition at the reasonable cost of the developer if the roadways have degraded or were damaged as a result of construction-related activities.
The road use agreement shall not require the facility owner to pay costs, fees, or charges for road work that is not specifically and uniquely attributable to the construction of the commercial wind energy facility or the commercial solar energy facility. Road-related fees, permit fees, or other charges imposed by the Illinois Department of Transportation, a road district, or other unit of local government under a road use agreement with the facility owner shall be reasonably related to the cost of administration of the road use agreement.
(s-5) The facility owner shall also compensate landowners for crop losses or other agricultural damages resulting from damage to the drainage system caused by the construction of the commercial wind energy facility or the commercial solar energy facility. The commercial wind energy facility owner or commercial solar energy facility owner shall repair or pay for the repair of all damage to the subsurface drainage system caused by the construction of the commercial wind energy facility or the commercial solar energy facility in accordance with the agriculture impact mitigation agreement requirements for repair of drainage. The commercial wind energy facility owner or commercial solar energy facility owner shall repair or pay for the repair and restoration of surface drainage caused by the construction or deconstruction of the commercial wind energy facility or the commercial solar energy facility as soon as reasonably practicable.
(t) Notwithstanding any other provision of law, a facility owner with siting approval from a county to construct a commercial wind energy facility or a commercial solar energy facility is authorized to cross or impact a drainage system, including, but not limited to, drainage tiles, open drainage ditches, culverts, and water gathering vaults, owned or under the control of a drainage district under the Illinois Drainage Code without obtaining prior agreement or approval from the drainage district in accordance with the farmland drainage plan required by subsection (j-5).
(u) The amendments to this Section adopted in Public Act 102-1123 do not apply to: (1) an application for siting approval or for a special use permit for a commercial wind energy facility or commercial solar energy facility if the application was submitted to a unit of local government before January 27, 2023 (the effective date of Public Act 102-1123); (2) a commercial wind energy facility or a commercial solar energy facility if the facility owner has submitted an agricultural impact mitigation agreement to the Department of Agriculture before January 27, 2023 (the effective date of Public Act 102-1123); or (3) a commercial wind energy or commercial solar energy development on property that is located within an enterprise zone certified under the Illinois Enterprise Zone Act, that was classified as industrial by the appropriate zoning authority on or before January 27, 2023, and that is located within 4 miles of the intersection of Interstate 88 and Interstate 39.
(Source: P.A. 102-1123, eff. 1-27-23; 103-81, eff. 6-9-23; 103-580, eff. 12-8-23.)
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55 ILCS 5/5-12021 (55 ILCS 5/5-12021) Sec. 5-12021. Special provisions relating to public schools. (a) In exercising the powers under this Division with respect to public school districts, a county shall act in a reasonable manner that neither regulates educational activities, such as school curricula, administration, and staffing, nor frustrates a school district's statutory duties. This subsection (a) is declarative of existing law and does not change the substantive operation of this Division. (b) In processing zoning applications from public school districts, a county shall make reasonable efforts to streamline the zoning application and review process for the school board and minimize the administrative burdens involved in the zoning review process, including, but not limited to, reducing application fees and other costs associated with the project of a school board to the greatest extent practicable and reflective of actual cost but in no event more than the lowest fees customarily imposed by the county for similar applications, limiting the number of times the school district must amend its site plans, reducing the number of copies of site plans and any other documents required to be submitted by the county, and expediting the zoning review process for the purpose of rendering a decision on any application from a school district within 90 days after a completed application is submitted to the county.
(Source: P.A. 99-890, eff. 8-25-16.) |
55 ILCS 5/Div. 5-13
(55 ILCS 5/Div. 5-13 heading)
Division 5-13.
Building or Setback Lines
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55 ILCS 5/5-13001
(55 ILCS 5/5-13001) (from Ch. 34, par. 5-13001)
Sec. 5-13001.
Establishment of building or set-back lines.
In addition to the existing power and to the end that adequate
safety may be secured and the congestion of public roads, streets,
traffic-ways, drives and parkways may be lessened or avoided, the county
board of each county is authorized and empowered to establish, regulate and
limit the building or set-back lines on or along any road, street,
traffic-way, drive or parkway in the county outside the corporate limits of
any city, village or incorporated town, as may be deemed best suited to
carry out the provisions of this Division. The powers given by
this Division shall not be exercised so as to deprive the owner
of any existing property of its use or maintenance for the purpose
to which it is then lawfully devoted.
(Source: P.A. 86-962.)
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55 ILCS 5/5-13002
(55 ILCS 5/5-13002) (from Ch. 34, par. 5-13002)
Sec. 5-13002.
Enforcing officer.
All resolutions passed under the
terms of this Division shall be enforced by such officer of the county as
may be designated by resolution.
(Source: P.A. 86-962.)
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55 ILCS 5/5-13003
(55 ILCS 5/5-13003) (from Ch. 34, par. 5-13003)
Sec. 5-13003.
Amendments to regulations.
The regulations imposed
under the authority of this Division may be amended from time to time by
resolution after the resolution establishing the same has
gone into effect, but no such amendments shall be made without
a hearing before some committee designated by the county board. At least
fifteen days notice of the time and place of such hearing shall be
published in an official newspaper, or a newspaper of general circulation,
in such county. Such amendment shall not be passed except by a favorable
vote of two-thirds of all the members of the county board.
(Source: P.A. 86-962.)
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55 ILCS 5/5-13004
(55 ILCS 5/5-13004) (from Ch. 34, par. 5-13004)
Sec. 5-13004.
Proceedings to restrain violation.
In case any building
or structure is erected or constructed in violation of this Division, or
any resolution or other regulation made under the authority conferred
thereby, the proper authorities of the county, in addition to other
remedies, may institute any appropriate action or proceedings to prevent
such unlawful erection or construction to restrain, correct or abate
such violation, to prevent the occupancy of said building or structure
or to prevent any illegal act, conduct, business or use in or about
such premises.
(Source: P.A. 86-962.)
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55 ILCS 5/Div. 5-14
(55 ILCS 5/Div. 5-14 heading)
Division 5-14.
Regional Planning
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55 ILCS 5/5-14001
(55 ILCS 5/5-14001) (from Ch. 34, par. 5-14001)
Sec. 5-14001.
Regional plan.
Whenever in the judgment of the county
board of any county, a portion or all of said county as a region, should
have a plan made for the general purpose of guiding and accomplishing a
co-ordinated, adjusted and harmonious development of said region, and of
public improvements and utilities therein, and which plans will in the
judgment of the county board, in accordance with the present and future
needs of the region and of the State, best promote health, safety, morals,
order, convenience, prosperity, efficiency and economy in the process of
development and the general welfare of said region, the county board is
hereby empowered by resolution of record to define the boundaries of such
region and to create a regional planning commission for the making of a
regional plan for such region so defined. The number of members of such
commission, their method of appointment, and their power and authority in
the making of such plan, shall be such as the county board may deem proper
and not in conflict with law. Said Commission shall be a fact finding body
and shall make such investigations and gather such statistics as it shall
deem necessary for the planning and development of said region, and shall
make a plan of said region to include all matter which it may deem
necessary for the development of the region as provided above.
(Source: P.A. 86-962.)
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55 ILCS 5/5-14002
(55 ILCS 5/5-14002) (from Ch. 34, par. 5-14002)
Sec. 5-14002.
Expenses of commission.
The county board is hereby
authorized to appropriate to the planning commission from any funds under
its control and not otherwise appropriated, such sum as the county board
may deem proper for said work as above, and within the amounts so
appropriated, the regional planning commission shall have the authority:
(1) to employ such assistance as it may deem necessary;
(2) with the concurrence of the county board of any county to accept,
receive and expend funds, grants and services from the federal government,
or its agencies, and from departments, agencies and instrumentalities of
state and local governments;
(3) to contract with respect to any funds, grants or services from
whatever source derived;
(4) to provide such information and reports as may be necessary to
secure financial aid.
(Source: P.A. 86-962.)
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55 ILCS 5/5-14003
(55 ILCS 5/5-14003) (from Ch. 34, par. 5-14003)
Sec. 5-14003.
Joint regional planning commission.
If such region is situated in or embraces more than one county, the
county boards of said counties are hereby empowered to cooperate in
defining the boundaries of said region, and in the creation and
organization of one joint regional planning commission for such region so
mutually defined. The county boards of the counties which are members of
the joint regional planning commission are authorized to appropriate from
their funds for the use of the joint regional planning commission, in the
amounts as may mutually be agreed upon by said county boards.
The joint regional planning commission is authorized to prepare zoning
and building codes, ordinances or resolutions for submission to and
adoption by the various member county boards. The joint regional planning
commission may employ a staff to assist the member county boards in the
administration and enforcement of such zoning and building codes or
ordinances throughout the district, and in each member county.
(Source: P.A. 86-962.)
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55 ILCS 5/5-14004
(55 ILCS 5/5-14004) (from Ch. 34, par. 5-14004)
Sec. 5-14004.
Advisory plan; member expenses.
The members
of the regional planning commission may be compensated on a per diem basis
with a mileage allowance for travel. The county board shall determine the
amount of compensation by ordinance, however such compensation shall not exceed
the compensation paid to members of the county board for per diem and mileage
expenses. Except as hereinafter provided, all plans of
the region made by such commission shall be advisory only, unless such plan
or portion of it may affect any city, village or incorporated town in which
there is a planning commission, and in case such regional plan for such
city, village or incorporated town is adopted by the city, village or
incorporated town planning commission, such regional plan or such part of
which as may be adopted shall have such force and effect as by law may be
provided; provided in counties of less than 500,000 inhabitants that, if
such plan sets out the centerline location and right-of-way width of
planned major streets in unsubdivided land or if such plan sets out the
future location of planned major streets in unsubdivided land, the county
board, upon adoption of such plan or part thereof by such regional planning
commission, may by resolution of record forbid the construction of
buildings in the right-of-way of such planned streets.
(Source: P.A. 89-103, eff. 7-7-95.)
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55 ILCS 5/5-14005
(55 ILCS 5/5-14005) (from Ch. 34, par. 5-14005)
Sec. 5-14005.
Coordination of plans.
The county planning commission
or regional planning commissions created under the provisions of this
Division shall encourage the cooperation of the political subdivisions
within their respective territories in any matters whatsoever which may
concern the county or regional plan or maps prepared by such commission as
an aid toward coordination of municipal plans with county and regional plans.
(Source: P.A. 86-962.)
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55 ILCS 5/5-14006
(55 ILCS 5/5-14006) (from Ch. 34, par. 5-14006)
Sec. 5-14006.
Official plans of counties of less than 500,000
population. In any county with a population not in excess of 500,000
located in the area served by the Northeastern Illinois Metropolitan Area
Planning Commission any planning commission created under the provisions of
this Division may prepare and recommend to the county board of such county a
comprehensive plan of public improvements looking to the present and future
development of the region for the planning of which it was created. The
plan or plans when adopted by the county board shall be designated as the
official plan, or part thereof, of that county. Such plan or plans may be
adopted in whole or in separate geographical or functional parts, each of
which, when adopted, shall be the official plan or part thereof, of that
county. Thereafter, from time to time, the planning commission may
recommend changes in the official plan or any part thereof. To provide for
the health, safety, comfort and convenience of the inhabitants of the
county, such plans may establish reasonable standards of design for
subdivisions and for resubdivisions of unimproved land and areas subject to
redevelopment, including reasonable requirements for public streets,
alleys, ways for public service facilities, storm or flood water runoff
channels and basins, parks, playgrounds, school grounds, and other public
grounds.
(Source: P.A. 86-962.)
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55 ILCS 5/5-14007
(55 ILCS 5/5-14007) (from Ch. 34, par. 5-14007)
Sec. 5-14007.
Review by Northeastern Illinois Metropolitan Area
Planning Commission. Before the county board of any county with a
population not in excess of 500,000 located in the area served by the
Northeastern Illinois Metropolitan Area Planning Commission adopts any plan
as the official plan, or part thereof, as provided in Section 5-14006, it
shall submit such plan to the Northeastern Illinois Metropolitan Area
Planning Commission for review and recommendations.
(Source: P.A. 86-962.)
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55 ILCS 5/5-14008 (55 ILCS 5/5-14008) (Text of Section before amendment by P.A. 103-750 ) Sec. 5-14008. Powers of commission; real property. The joint regional planning commission may acquire, by purchase, gift, or legacy, and hold real property for the purposes of the joint regional planning commission, and may sell and convey that property. The value of the real property shall be determined by an appraisal performed by an appraiser licensed under the Real Estate Appraiser Licensing Act of 2002 and who is certified to appraise the type or types of property to be valued. The appraisal report of the appraiser shall be available for public inspection. The joint regional planning commission may purchase the real property under contracts providing for payment in installments over a period of time of not more than 20 years and may finance the purchase of the real property under finance contracts providing for payment in installments over a period of time of not more than 20 years. This Section applies only to a joint regional planning commission if it consists of 3 or fewer counties that border the Illinois River, where at least one of those counties has a population of 180,000 or more. (Source: P.A. 98-196, eff. 8-9-13.) (Text of Section after amendment by P.A. 103-750 ) Sec. 5-14008. Powers of commission; real property. The regional planning commission may acquire, by purchase, gift, or legacy, and hold real property for the purposes of the regional planning commission, and may sell and convey that property. The value of the real property shall be determined by an appraisal performed by an appraiser licensed under the Real Estate Appraiser Licensing Act of 2002 and who is certified to appraise the type or types of property to be valued. The appraisal report of the appraiser shall be available for public inspection. The regional planning commission may purchase the real property under contracts providing for payment in installments over a period of time of not more than 20 years and may finance the purchase of the real property under finance contracts providing for payment in installments over a period of time of not more than 20 years. (Source: P.A. 103-750, eff. 1-1-25.) |
55 ILCS 5/Div. 5-15
(55 ILCS 5/Div. 5-15 heading)
Division 5-15.
Water Supply, Drainage and Flood Control
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55 ILCS 5/5-15001
(55 ILCS 5/5-15001) (from Ch. 34, par. 5-15001)
Sec. 5-15001.
Applicability.
This Division shall apply to
any county upon the adoption of a resolution by the county board of any
such county, by at least two-thirds of the elected members, accepting the
provisions hereof.
(Source: P.A. 86-962.)
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55 ILCS 5/5-15002
(55 ILCS 5/5-15002) (from Ch. 34, par. 5-15002)
Sec. 5-15002.
Definitions.
When used in this Division the term
"waterworks system" means and includes a waterworks system in its entirety,
or any integral part thereof, including mains, hydrants, meters, valves,
standpipes, storage tanks, pumps, tanks, intakes, wells, impounding
reservoirs, machinery, purification plants, softening apparatus, and all
other elements useful in connection with a water supply or water distribution
system.
The term "sewerage system" means and includes any or all of the
following: Sewerage treatment plant or plants, collecting, intercepting,
and outlet sewers, lateral sewers and drains, including combined storm
water and sanitary drains, force mains, conduits, pumping stations, ejector
stations, and all other appurtenances, extensions and improvements
necessary, useful or convenient for the collection, treatment and disposal
in a sanitary manner of storm water, sanitary sewage and industrial wastes.
The term "combined waterworks and sewerage system" means and includes a
waterworks and sewerage system, as hereinabove defined, which any county
shall determine to operate in combination.
The term "waste management" means the process of storage, treatment or
disposal, but not the hauling or transport, of "waste" as defined in
Section 3.535 of the Environmental Protection Act, but excluding
"hazardous waste" as defined in that Act.
(Source: P.A. 92-574, eff. 6-26-02.)
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55 ILCS 5/5-15003
(55 ILCS 5/5-15003) (from Ch. 34, par. 5-15003)
Sec. 5-15003. Department of public works. The county board may establish a department of public works with
authority to exercise complete supervision in such county over any of the
projects authorized by this Division in either of the methods
designated hereafter.
A. The county board may employ a superintendent of public works and such
other employees for the administration of the department as may be
necessary. The superintendent shall be a registered professional engineer, hold a degree in engineering from an accredited institution of higher learning, or have at least 10 years of professional, management-level experience in either a municipal or county public works department. The superintendent
shall have complete authority to supervise and manage the department. At least one employee in the public works department shall be a professional engineer licensed under the Professional Engineering Practice Act of 1989.
B. Each county public works department shall be managed by a board of
public works, consisting of 5 members appointed by the President and
Chairman of the county board, with the approval of the county board, for a
3 year term, except that of the first appointees, 2 shall serve for one
year, 2 for 2 years, and one for 3 years. The term of office of original
appointees shall be regarded as beginning on July 1, following their
appointment, and the term of all members shall continue until their
successors are appointed. At least 2 members must be elected officials of
municipalities within the county whose terms of office within the
municipalities will not expire prior to the termination of appointment
hereunder, one member must be a member of the county board whose term of
office will not expire prior to the termination of appointment hereunder,
one member must be a trustee of a Sanitary District within the county whose
term of office will not expire prior to the termination of appointment
hereunder, and one member must be chosen to represent the Conservation and
Public Health interests. The members of the board shall receive
compensation as provided by the county board. The board of public works may
employ a superintendent of public works and any other employees for the
administration of the department as may be necessary. The superintendent
must be a registered professional engineer, hold a degree in engineering from an accredited institution of higher learning, or have at least 10 years of professional, management-level experience in either a municipal or county public works department. Any county may advance general
funds for necessary studies or engineering for a project to be financed by
revenue bonds and be reimbursed by the proceeds of such bonds. Any county
may purchase such bonds with funds derived solely from the County Retailers
Occupation Tax.
(Source: P.A. 103-12, eff. 6-9-23.)
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55 ILCS 5/5-15004
(55 ILCS 5/5-15004) (from Ch. 34, par. 5-15004)
Sec. 5-15004.
Review by Northeastern Illinois Metropolitan Area
Planning Commission. Whenever any project contemplated under this
Division involves territory within the jurisdiction of the Northeastern
Illinois Metropolitan Area Planning Commission the plans for such project
shall be submitted to such Commission and to the regional planning commission
of the county in which located for their review and recommendations as to
its compliance with the plans of the respective planning agencies.
(Source: P.A. 86-962.)
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55 ILCS 5/5-15005
(55 ILCS 5/5-15005) (from Ch. 34, par. 5-15005)
Sec. 5-15005.
Tax levy.
In order to effectuate the purposes of
this Division, any such county may levy annually, in excess of
any other limit prescribed by law, a tax of not to exceed .02% of the
value, as equalized or assessed by the Department of Revenue, on all
taxable property in such county, such tax to be levied and collected in
like manner with the general taxes of such county, and when collected shall
be paid into a special fund in the county treasury.
This tax shall not be levied in any county until the question of its
adoption is submitted to the electors thereof and approved by a majority
of those voting on the question. This question may be submitted at any election
held in the county after the adoption of a resolution by the county board
providing for the submission of the question of the adoption hereof to
the electors of the county. The county board shall certify the resolution
and proposition to the proper election officials, who shall submit the
proposition at an election in accordance with the general election law. If
a majority of the votes cast on the question is in favor of the levy of
such tax, it may thereafter be levied in such county for each succeeding year.
(Source: P.A. 86-962.)
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55 ILCS 5/5-15006
(55 ILCS 5/5-15006) (from Ch. 34, par. 5-15006)
Sec. 5-15006.
Exercise of powers.
The powers
granted in this Division relative to waterworks systems
and sewerage systems shall be exercised only in
areas which do not have available similar services provided by another
governmental unit, unless requested by such governmental unit pursuant
to an ordinance or a resolution passed by its governing body. After such
ordinance or resolution has been adopted it shall be published at least
once in a newspaper having a general circulation in such governmental
unit. The publication of the ordinance or resolution shall be accompanied
by a notice of the (1) specific number of voters required to sign a petition
requesting the question of the exercise of such powers by the county within
such governmental unit to be submitted to the electors; (2) the time in
which such petition must be filed; and (3) the date of the prospective
referendum. The clerk of the governmental unit shall provide a petition
form to any individual requesting one.
If no petition is filed with the clerk of such governmental unit, as
hereinafter provided in this section, within 15 days after the
publication of the ordinance or resolution, the ordinance or resolution
shall be in effect after the expiration of that 15-day period, but if
within that 15-day period a petition is filed with the clerk of the
governmental unit, signed by 300 legal voters or by one fifth of all the
legal voters residing within the limits of the governmental unit,
whichever is less, asking that the question of the exercise of such
powers by the county within such governmental unit, as provided in the
ordinance or resolution, be submitted to the legal voters of the
governmental unit, the governing body of the governmental unit, by
ordinance, shall provide for a referendum within such governmental unit
on the question of the exercise of such powers therein by the county.
The clerk shall certify the ordinance or resolution and the question to
the proper election officials who shall submit the proposition at an election
in accordance with the general election law.
However, an incidental duplication of functions shall not impair or
prevent the primary exercise of the powers herein conferred.
Any county exercising the powers granted by this Division relative to waste
management, shall do so only after adopting a solid waste management
plan as that term is described in the Local Solid Waste Disposal Act, as
now or hereafter amended. All powers, other than those relative to water
works systems and sewerage systems granted by this Division, may be
exercised throughout the county, without exception; provided that a
municipality which is located in 2 or more counties, one of which is a home
rule county, may, by ordinance, sever itself from county jurisdiction
relative to waste management if the municipality is a member of a Municipal
Joint Action Agency formed prior to June 15, 1988 pursuant to Section 3.2
of the Intergovernmental Cooperation Act.
(Source: P.A. 86-962.)
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55 ILCS 5/5-15007
(55 ILCS 5/5-15007) (from Ch. 34, par. 5-15007)
Sec. 5-15007.
General powers of county board.
In order to effect
the protection, reclamation or irrigation of the land and other property in
the county, and to protect the quality of the
environment and the quality of life from the adverse effects caused by the
improper storage, treatment or disposal of waste, and to accomplish all
other purposes of the county, the county board is authorized and empowered
to clean out, straighten, widen, alter, deepen or change the course or
terminus of any ditch, drain, sewer, river, water course, pond, lake, creek
or natural stream in the county; to fill up any abandoned or altered ditch,
drain, sewer, river, water course, pond, lake, creek or natural stream, and
to concentrate, divert or divide the flow of water in the county; to
construct and maintain main and lateral ditches, sewers, canals, levees,
dikes, dams, sluices, revetments, reservoirs, holding basins, floodways,
pumping stations and siphons, and any other works and improvement deemed
necessary to construct, preserve, operate or maintain the works or the
waste management systems in the county; to
construct or enlarge or cause to be constructed or enlarged any and all
bridges that may be needed in the county, to construct or elevate roadways
and streets; to construct any and all of said works and improvements
across, through or over any public highway, canal, railroad right of way,
track, grade, fill or cut, in the county; to remove or change the location
of any fence, building, railroad, canal, or other improvements in the
county; and shall have the right to hold, encumber, control, to acquire by
donation, purchase or condemnation, to construct, own, lease, use and sell
real and personal property, and any easement, riparian right, railroad
right of way, canal, cemetery, sluice, reservoir, holding basin, mill dam,
water power, wharf or franchise in the county for right of way, holding
basin or for any necessary purpose, or for material to be used in
constructing and maintaining said works and improvements, to replat or
subdivide land, open new roads, streets and alleys, or change the course of
an existing one.
The board shall have the power to produce, pump and sell waters so
collected and impounded to public or private users and may use such means
as are reasonably necessary in connection with such service.
The board shall also have the power to produce and sell any product
resulting from the storage, treatment and disposal of waste including but
not limited to the generation of steam, hot water, and electricity by
combustion, refuse-derived fuel (RDF), and any recycled or reused materials
withdrawn from a wastestream by the activities of the county.
(Source: P.A. 86-962.)
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