WeVote
Log In

Bill

Bill

SB 3726

MUNI CD-ACCESSORY DWELLINGS

104th Regular Session Introduced by Chris Balkema and 1 co-sponsor

The bill prevents municipalities from banning ADUs and allows only reasonable size/location regulations, aiming to expand ADU use statewide.

Rule 3-9(a) / Re-referred to Assignments
0
WeVote Research Nonpartisan
Bill Summary · SB 3726

Summary: SB 3726 (104th General Assembly, Illinois) — Accessory Dwelling Units Permissibility Act

Date introduced: February 5, 2026
Sponsor: Sen. Steve Stadelman (co-sponsor: Sen. Chris Balkema)

Purpose and Intent

SB 3726 aims to reform local government authority over accessory dwelling units (ADUs) by clarifying and expanding permissible uses and restricting local bans. The bill would prohibit municipalities from prohibiting the construction or use of ADUs and would allow reasonable regulations on size and location, similar to other accessory structures, so long as such regulations do not effectively prohibit ADUs. It also places limitations on home rule units to ensure consistency with the state provision.

Key Provisions

  • New statutory addition: Adds Section 11-13-30 to the Illinois Municipal Code (65 ILCS 5).
  • Definition of ADU:
    • An ADU is an attached or detached residential unit on the same lot as a primary residence.
    • Provides complete independent living facilities (living, sleeping, eating, cooking, sanitation) for one or more persons.
    • Includes both single-family and multifamily contexts on the same parcel.
    • Specifically includes:
    • An efficiency unit (minimum 150 square feet, capable of a partial kitchen and/or bathroom facilities).
    • A manufactured home, defined via UCC terminology.
  • Prohibition on bans (new subsection (b)):
    • A municipality may not prohibit the building or usage of ADUs within its boundaries.
  • Regulatory framework (new subsection (c)):
    • Municipalities may enact reasonable regulations on the size and location of ADUs.
    • Regulations must be similar in scope to those governing other accessory structures.
    • Regulations may not have the effect of prohibiting ADUs.
  • Home rule limitation (new subsection (d)):
    • Home rule units may not regulate ADUs in a manner inconsistent with SB 3726.
    • The section expressly states it as a limitation on the concurrent exercise of powers by home rule units (Article VII, Section 6(i) of the Illinois Constitution).

Affected Stakeholders

  • Residents and prospective ADU occupants: Greater flexibility to build and use ADUs; clearer rights against bans.
  • Homeowners and multifamily property owners: Expanded permissible use on their lots; potential effect on property values and housing options.
  • Municipalities (cities and towns): Required removal of prohibitions on ADUs; allowed to adopt reasonable size/location regulations, subject to the prohibition against effectively banning ADUs. Home rule units must align with SB 3726 constraints.
  • Local governments and planners: Adjust regulatory regimes to conform with SB 3726, focusing on ADU size and location standards similar to other accessory structures.

Procedural and Timeline Aspects

  • Committee and floor actions:
    • Introduced February 5, 2026.
    • Referred to Assignments; later moved to Executive, then to Committee for review.
    • Rule 2-10 deadlines in spring 2026 indicate scheduling for committee consideration.
    • As of the latest action (April 24, 2026), SB 3726 has been re-referred and assigned, reflecting ongoing legislative processing.
  • Effective date: The text provided does not specify an effective date; typical enactments include a future effective date after passage (to be determined by final bill language).

Practical Impact

  • Encourages more ADU development by removing outright prohibitions.
  • Allows municipalities to regulate ADUs in a manner consistent with other accessory structures, ensuring local control while safeguarding against de facto bans.
  • Inserts a constitutional/structural limitation on home rule authority to ensure statewide consistency on this issue.

If you’d like, I can provide a plain-language comparison with current Illinois law on ADUs or draft a one-page explainer for voters.

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

Sign in to ask a question.