WeVote
Log In

Bill

Bill

HB 5158

AGRICULTURAL PROTECTION AREAS

104th Regular Session Introduced by Sonya Harper

Creates a voluntary, state-administered program designating agricultural protection areas for 20-year terms with protections for farming activities and restricted local regulation.

0
WeVote Research Nonpartisan
Bill Summary · HB 5158

Overview

HB5158 (104th General Assembly, Illinois) creates the Agricultural Protection Area Act. It establishes a voluntary, statewide program to designate agricultural protection areas (APAs) for land actively used in agricultural production, with a framework for application, review, renewal, modification, and recording. The Act limits local regulation within APAs, provides nuisance protections for agricultural activities, restricts certain eminent domain action, and places constraints on home rule enforcement within APAs. It aims to promote long-term viability of agricultural land while minimizing government interference with property rights.

Purpose and intent

  • Encourage voluntary preservation of agricultural land and long-term viability of farming.
  • Minimize unnecessary governmental interference with property rights related to farming.
  • Provide a structured, state-administered mechanism to recognize lands dedicated to agricultural use and protect them from conflicting nonagricultural development.

Key provisions and changes

  • Satewide program and rules (Section 15)

    • Department of Agriculture (IDA) will establish and administer a voluntary APA program.
    • IDA will adopt rules to designate APAs for at least 20 years, specify application requirements, evaluation standards, review timelines, and allow reasonable fees covering actual costs.

  • Definitions (Section 10)

    • APA: designated land parcels voluntarily designated under the Act.
    • Agricultural production: land actively devoted to farming, including crops, livestock, and related on-farm structures and practices.
    • Applicant: owner of 5+ acres with 3 consecutive years of active agricultural production seeking APA designation.
    • Generally accepted farming practices: standard practices aligned with state/federal law.
    • Hardship: defined circumstances (financial, legal, tax, or other uncontrollable events) that may affect landowners.

  • APA Commission (Section 20)

    • IDA may appoint a 5–7 member Agricultural Protection Area Commission to advise and recommend on applications.
    • Members must have experience in farming or agricultural conservation and may include representatives from relevant groups (soil/water districts, Farm Bureau, extension, etc.).
    • Terms: 3–6 years.

  • Application review and action (Section 25)

    • After Commission recommendation, the Department must issue public notice and accept written comments for at least 14 days; a public meeting may be held.
    • IDA may approve or deny; if approved, designation becomes effective upon final action.
    • If IDA fails to act within 60 days after the recommendation, the Commission’s recommendation becomes final agency action for judicial review.

  • Recording of APAs (Section 30)

    • Landowners must record a notice of designation with the county recorder within 10 days of designation, including date, legal description, and final Department decision.
    • Failure to record does not invalidate the designation but can be required as a condition of continued recognition.

  • Renewal (Section 35)

    • APAs automatically renew for another 20 years 20 years after creation, unless the landowner gives 90 days’ written notice prior to expiration to terminate.
    • Department will notify recorders of termination; landowners must record termination.

  • Adding/removing land (Section 40)

    • Landowners may add land via Department review under the Act.
    • Landowners within an APA may remove land by petition; removal date is 10 years from petition or at designation expiration, whichever is sooner.
    • Department may establish a process for removing land for hardship reasons.
    • Reasonable administrative fees may be charged to cover processing.

  • Local regulation limitations (Section 45)

    • Local governments must encourage continuing agricultural use and may not enact regulations conflicting with the Act or rules regarding farm structures or farming practices within APAs, except where noncompliance with generally accepted farming practices or other laws occurs.
    • Local regulation of siting or nonagricultural uses within APAs is allowed to the extent consistent with the Act and law.

  • Nuisances (Section 50)

    • Agricultural activities within APAs, conducted per generally accepted farming practices and law, are not a public nuisance.
    • Civil/criminal nuisance actions defending lawful farming activities within APAs are barred if activities comply with laws and practices.
    • Farm nuisance protections under existing Farm Nuisance Suit Act remain in place.

  • Eminent domain (Section 55)

    • Local governments cannot condemn APA land used for agricultural production for non-health/safety/transportation/public utilities purposes, subject to the Eminent Domain Act.

  • Home rule limitation (Section 60)

    • Home rule units cannot regulate farm structures or farming practices within APAs more restrictively than the State’s rules.

  • Severability (Section 97)

Who is affected

  • Landowners with 5+ acres actively farming (and seeking APA status) are eligible to apply.
  • Agricultural producers within designated APAs receive protections against nuisance actions and some limitations on local regulatory powers.
  • Local governments are constrained in enacting conflicting regulations within APAs.
  • State agencies (Department of Agriculture) and the proposed APA Commission oversee designation, review, and administration.
  • Real property interests in APAs are affected by recording requirements and potential changes to land use.

Procedural and timeline aspects

  • Designation process begins with a state-administered application reviewed with a Commission recommendation; public input follows within 60 days of recommendation.
  • If the Department does not act within 60 days of the Commission’s recommendation, the recommendation becomes final.
  • APAs are designated for a minimum of 20 years, with automatic 20-year renewals absent termination notice.
  • Recording of APA designations within 10 days of designation; termination recording as part of expiration or removal processes.
  • Additions/removals follow Department rules; removal petitions have defined timelines (10-year deferment or expiration considerations).

Summary

HB5158 establishes a formal, voluntary program to recognize and protect agricultural protection areas in Illinois, balancing farmland preservation with property rights. It creates governance through the Department of Agriculture and an advisory Commission, sets designations for 20-year terms (with automatic renewals), and imposes recording requirements. It restricts certain local regulatory actions within APAs, provides nuisance protections for compliant farming activities, and limits eminent domain for nonagricultural uses inside APAs. The bill emphasizes maintaining agricultural viability while reducing regulatory friction for active agricultural operations.

Compiled from official sources — confirm details with the bill’s official record.

Sign in to ask a question.