LOCAL GOVT OPEN BURN PERMIT

Illinois General Assembly - Full Text of HB4459

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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB4459

Introduced 1/20/2026, by Rep. Amy Briel

SYNOPSIS AS INTRODUCED:

New Act

Creates the Local Government Open Burn Permit Act. Provides that any
county or municipality may adopt ordinances or resolutions establishing
requirements for permits issued by it under the Act and may enter into
intergovernmental agreements to implement the Act. Allows the
Environmental Protection Agency to propose and the Pollution Control Board
to adopt rules. Requires any person seeking to perform an open burn in a
municipality or county to obtain a local government open burn permit from
the municipality or county, respectively, where the burn is taking place
in addition to any applicable open burn permit from the Illinois
Environmental Protection Agency under the Environmental Protection Act and
rules adopted under that Act. Requires every county and municipality to
create an online publicly-accessible platform that contains certain
information. Provides that municipalities and counties may charge up to $5
for each local government open burn permit, with the proceeds to be used
for fire protection purposes. Provides for enforcement by a State's
Attorney or the Attorney General, or a city attorney for ordinance
violations authorized by the Act, and for a penalty of up to $100,000 for a
person who conducts an open burn without a local government open burn
permit, and a penalty of up to $500,000 for a person who conducts an open
burn on a no burn day without a local government open burn permit. Limits
home rule powers and functions. Defines terms. Effective immediately.
LRB104 16945 BDA 30359 b
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT
MAY APPLY

A BILL FOR

HB4459
LRB104 16945 BDA 30359 b
1

AN ACT concerning safety.

2

Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:

4

Section 1.
Short title.
This Act may be cited as the
Local
5
Government Open Burn Permit Act.

6

Section 5.
Definitions.
In this Act:
7

"Home rule unit" means a county or municipality that is a
8
home rule unit as provided in Section 6 of Article VII of the
9
Illinois Constitution.
10

"Local government open burn permit" means a permit issued
11
under this Act or under an ordinance or resolution authorized
12
by this Act for open burning, including permits for:
13

(1) fire fighter training or fire extinguisher
14

training;
15

(2) landscape waste burning using an air curtain
16

destructor;
17

(3) prairie and economical landscape burns; and
18

(4) disaster debris open burning.
19

"Municipality" means a city, village, or incorporated
20
town.
21

"No burn day" means a day upon which open burning is
22
restricted by the State or a fire protection district, county,
23
municipality, the Illinois Environmental Protection Agency, or

HB4459
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LRB104 16945 BDA 30359 b
1
the Illinois Pollution Control Board due to safety concerns
2
determined by the restricting body.
3

"Open burning" has the meaning given in Section 3.300 of
4
the Environmental Protection Act.

5

Section 10.
Local government ordinances; rules.
6

(a) Any county or municipality may adopt ordinances or
7
resolutions establishing requirements for local government
8
open burn permits issued by it under this Act and may enter
9
into intergovernmental agreements to implement this Act.
10

(b) The Environmental Protection Agency may propose and
11
the Pollution Control Board may adopt any rules necessary to
12
implement and administer this Act.

13

Section 15.
Local government open burn permits.
14

(a) Any person seeking to perform an open burn in a
15
municipality shall obtain a local government open burn permit
16
under this Act from the municipality where the burn is taking
17
place in addition to any applicable open burn permit from the
18
Illinois Environmental Protection Agency under the
19
Environmental Protection Act and rules adopted under that Act.
20

(b) Any person seeking to perform an open burn in a place
21
that is not in a municipality shall obtain a local government
22
open burn permit under this Act from the county where the burn
23
is taking place in addition to any applicable open burn permit
24
from the Illinois Environmental Protection Agency under the

HB4459
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LRB104 16945 BDA 30359 b
1
Environmental Protection Act and rules adopted under that Act.

2

Section 20.
Online form for local government open burn
3
permits.
Every county and municipality shall create an online
4
publicly accessible platform that contains the following
5
information:
6

(1) a form that may be used to apply to the county or
7

municipality for a local government open burn permit;
8

(2) a list of no burn days in the county or
9

municipality; and
10

(3) a reporting mechanism for the public to submit
11

photos, videos, and complaints of open burns that are
12

without proper permits or that are in violation of
13

applicable laws, rules, ordinances, or resolutions.

14

Section 25.
Local government open burn permit fees.
A
15
municipality or county may, by ordinance or resolution, impose
16
a local government open burn permit fee in the amount of up to
17
$5 for each local government open burn permit it issues.
18
Proceeds from the local government open burn permit fee shall
19
be used for fire protection purposes.

20

Section 30.
Penalties and enforcement.
21

(a) Any person who, without a local government open burn
22
permit issued under this Act, conducts an open burn on a day
23
that is not a no burn day is liable for a civil penalty of up

HB4459
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LRB104 16945 BDA 30359 b
1
to $100,000.
2

(b) Any person who, without a local government open burn
3
permit issued under this Act, conducts an open burn on a day
4
that is a no burn day is liable for a civil penalty of up to
5
$500,000.
6

(c) The State's Attorney of the county where the violation
7
occurs or the Attorney General shall enforce this Act. An
8
attorney of a municipality may enforce ordinances or
9
resolutions adopted under Section 10 of this Act. Upon a
10
proper showing that a violation of this Act or an ordinance or
11
resolution adopted under Section 10 of this Act has occurred
12
or is about to occur, the court may issue a permanent or
13
preliminary injunction or any other equitable remedy the court
14
deems appropriate.

15

Section 35.
Home rule.
A home rule unit may not regulate
16
open burning in a manner inconsistent with this Act. This
17
Section is a limitation under subsection (i) of Section 6 of
18
Article VII of the Illinois Constitution on the concurrent
19
exercise by home rule units of powers and functions exercised
20
by the State.

21

Section 99.
Effective date.
This Act takes effect upon
22
becoming law.

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