REGULATION-BACKYARD CHICKENS

Illinois General Assembly - Full Text of HB4764

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HB4764 - 104th General Assembly

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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB4764

Introduced , by Rep. Anne Stava

SYNOPSIS AS INTRODUCED:

505 ILCS 87/1
505 ILCS 87/10
505 ILCS 87/17 new
505 ILCS 87/20
505 ILCS 87/22 new
505 ILCS 87/25
505 ILCS 87/30 new

Amends the Garden Act. Changes the short title of the Act from the
Garden Act to the Vegetable Garden and Backyard Chicken Protection Act.
Provides that a person shall have the right to keep backyard chickens on
the property where the person resides. Provides that municipalities may
establish reasonable regulations governing backyard chickens, including,
but not limited to, setbacks, sanitation requirements, enclosure
standards, nuisance control requirements, predator-proofing requirements,
and limitations on the number of hens that may be kept. Provides that
municipalities may require notice to adjacent property owners regarding
backyard chickens, if the notice does not require or solicit any form of
neighbor consent as defined in this Act. Provides that no municipality may
condition the cultivation of vegetable gardens or the keeping of backyard
chickens on neighbor consent. Provides that nothing in the Act shall be
construed to limit the authority of homeowners' associations, condominium
associations, or properties subject to restrictive covenants to regulate
or prohibit vegetable gardens or backyard chickens pursuant to the terms
of those governing documents. Provides that landlord consent may be
required for tenants seeking to keep backyard chickens. Limits the
concurrent exercise of home rule powers. Provides for enforcement of the
Act's requirements.
LRB104 18137 WRO 31576 b

A BILL FOR

HB4764
LRB104 18137 WRO 31576 b
1

AN ACT concerning agriculture.

2

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

4

Section 5.
The Garden Act is amended by changing Sections
5
1, 10, 20, and 25 and by adding Sections 17, 22, and 30 as
6
follows:

7

(505 ILCS 87/1)
8

Sec. 1.
Short title.
This Act may be cited as the
Vegetable
9
Garden and Backyard Chicken Protection

Garden
Act.
10
(Source: P.A. 102-180, eff. 1-1-22
.)

11

(505 ILCS 87/10)
12

Sec. 10.
Definitions.

Vegetable garden defined.

As used in
13
this Act
:

, the term

14

"Backyard chickens" means female chickens kept on a
15
residential property for personal, noncommercial purposes.
16
"Backyard chickens" does not include roosters.
17

"Neighbor consent" means any form of approval,
18
nonobjection, endorsement, signature, letter of support,
19
attestation, or other action by an adjacent or nearby property
20
owner that is required as a condition of obtaining a permit,
21
variance, special use, administrative approval, or any other
22
authorization for vegetable gardening or the keeping of

HB4764
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LRB104 18137 WRO 31576 b
1
backyard chickens. "Neighbor consent" includes a requirement
2
that adjacent owners be notified in a manner that requires any
3
response, feedback, or acknowledgment in order for the
4
applicant to receive approval. "Neighbor consent" does not
5
include notice provided solely for informational purposes.

6

"
Vegetable

vegetable
garden" means any plot of ground or
7
elevated soil bed on residential property where vegetables,
8
herbs, fruits, flowers, pollinator plants, leafy greens, or
9
other edible plants are cultivated.
10
(Source: P.A. 102-180, eff. 1-1-22
.)

11

(505 ILCS 87/17 new)
12

Sec. 17.
Right to keep backyard chickens.
13

(a) Notwithstanding any other laws a person shall have the
14
right to keep backyard chickens on the property where the
15
person resides, subject to reasonable municipal regulations
16
consistent with this Act.
17

(b) Municipalities may establish reasonable regulations
18
governing backyard chickens, including, but not limited to,
19
setbacks, sanitation requirements, enclosure standards,
20
nuisance control requirements, predator-proofing
21
requirements, and limitations on the number of hens that may
22
be kept.
23

(c) Municipalities may require notice to adjacent property
24
owners regarding backyard chickens, if the notice does not
25
require or solicit any form of neighbor consent as defined in

HB4764
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LRB104 18137 WRO 31576 b
1
this Act.

2

(505 ILCS 87/20)
3

Sec. 20.
Home rule.
A home rule unit may not regulate
4
vegetable
gardens
or backyard chickens
in a manner
5
inconsistent with this Act. This Section is a limitation under
6
subsection (i) of Section 6 of Article VII of the Illinois
7
Constitution on the concurrent exercise by home rule units of
8
powers and functions exercised by the State.
9
(Source: P.A. 102-180, eff. 1-1-22
.)

10

(505 ILCS 87/22 new)
11

Sec. 22.
Neighbor consent prohibited.
12

(a) A municipality may not condition the cultivation of
13
vegetable gardens or the keeping of backyard chickens on
14
neighbor consent.
15

(b) A municipality may not require any form of neighbor
16
consent, including but not limited to:
17

(1) approval by adjacent or nearby property owners;
18

(2) signatures, letters of support, or attestations;
19

(3) submissions showing that neighbors do not object;
20

or
21

(4) any process by which neighbors have a veto or
22

approval right over an individual's vegetable garden or
23

backyard chickens.
24

(c) Any municipal ordinance, rule, regulation, or

HB4764
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LRB104 18137 WRO 31576 b
1
permitting process that contains a neighbor-consent
2
requirement is void and unenforceable to the extent of the
3
neighbor-consent provision. All other portions of the
4
ordinance shall remain in effect.
5

(d) A municipality may not adopt any ordinance or
6
regulation in the future that includes a neighbor-consent
7
requirement for vegetable gardens or backyard chickens.

8

(505 ILCS 87/25)
9

Sec. 25.
State and local regulation still permitted.

10
Notwithstanding
Section 20
of this Act notwithstanding
, this
11
Act does not preclude the adoption of a regulation or local
12
ordinance of general nature that does not specifically
13
regulate
backyard chickens, including, but not limited to,
14
regulations and ordinances relating to setbacks, sanitation
15
requirements, enclosure standards, nuisance control
16
requirements, predator-proofing requirements, and limitations
17
on the number of hens that may be kept, or
vegetable gardens,
18
including, but not limited to, regulations and ordinances
19
relating to height, setback, water use, fertilizer use, or
20
control of invasive or unlawful species
in gardens, if that

,
21
provided that any such
regulation or ordinance does not have
22
the effect of precluding vegetable gardens
or backyard
23
chickens
.
24
(Source: P.A. 102-180, eff. 1-1-22
.)

HB4764
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LRB104 18137 WRO 31576 b
1

(505 ILCS 87/30 new)
2

Sec. 30.
Enforcement.
3

(a) A person aggrieved by a violation of this Act may bring
4
a civil action for declaratory and injunctive relief against a
5
municipality that enforced or attempted to enforce an
6
ordinance in violation of this Act.
7

(b) A prevailing plaintiff shall be entitled to recover
8
reasonable attorney's fees and court costs.
9

(c) A plaintiff who paid a permit fee or other charge
10
imposed under an ordinance that violates this Act may recover
11
that fee upon request or through legal action.
12

(d) This Act does not authorize damages other than those
13
described in subsection (c).

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