DEVELOPMENT ON CHURCH LAND ACT

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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB5083

Introduced 2/10/2026, by Rep. Lindsey LaPointe

SYNOPSIS AS INTRODUCED:

New Act

Creates the Faith-Based Housing and Mixed-Use By-Right Act. Provides
that a unit of local government shall permit multifamily developments and
mixed-use developments as allowable by-right uses on faith-based land.
Provides that a unit of local government may not require a proposed
multifamily or mixed-use development on faith-based land to obtain any
discretionary approval in order to permit the proposed use and development
or allow for the minimum development standards and limitations established
by the Act. Provides that the by-right entitlement under the Act applies
whether or not the faith-based organization continues to operate an
existing religious, educational, or community facility on the same parcel
or adjacent parcel, and regardless of whether the housing is owned,
leased, operated, or developed by the faith-based organization or by a
partner acting under agreement with the faith-based organization. Provides
that nothing in the Act affects the authority of a unit of local government
to apply to a development authorized by this Act requirements that are (1)
generally applicable to comparable developments within the jurisdiction;
(2) objective and ascertainable on the face of the ordinance or code
provision; and (3) related to public health and safety. Provides that a
unit of local government shall approve an application for a multifamily or
mixed-use development on faith-based land if the development satisfies the
unit of local government's generally applicable, objective land
development and building regulations as limited by the Act. Limits the
concurrent use of home rule powers. Effective immediately.
LRB104 18341 RTM 31781 b

A BILL FOR

HB5083
LRB104 18341 RTM 31781 b
1

AN ACT concerning local government.

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
5
Faith-Based Housing and Mixed-Use By-Right Act.

6

Section 5.
Findings and purpose.
7

(a) The General Assembly finds that:
8

(1) Illinois faces persistent shortages of housing
9

across income levels, including supportive housing.
10

(2) Faith-based and religious institutions often own
11

or steward land that can be responsibly developed to meet
12

housing needs.
13

(3) Discretionary, subjective, or politically
14

contingent land use approvals can create unreasonable
15

barriers to timely housing production.
16

(b) The purpose of this Act is to establish a uniform
17
statewide, ministerial, by-right entitlement for multifamily
18
and mixed-use housing on qualifying faith-based land, while
19
preserving generally applicable health and safety regulation.

20

Section 10.
Applicability.
21

(a) Except as provided in subsection (b), this Act applies
22
to all faith-based land within this State.

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(b) This Act does not apply to faith-based land that is
2
located within one-quarter mile of:
3

(1) a heavy industrial use; or
4

(2) an airport with scheduled commercial service, a
5

public-use seaport, or an active military installation.
6

(c) A unit of local government bears the burden of
7
demonstrating the applicability of subsection (b) based on
8
substantial evidence in a written determination issued within
9
the time periods in Section 40.

10

Section 15.
Definitions.
As used in this Act:
11

"By-right" means a use and development that is permitted
12
without any discretionary zoning or land use approval, and
13
that may be approved only through ministerial review for
14
compliance with objective standards and generally applicable
15
codes.
16

"Discretionary approval" includes, without limitation, a
17
zoning map amendment, planned development, special use,
18
conditional use, variation, special exception, text amendment
19
required solely to enable the use, comprehensive plan
20
amendment, development agreement required solely to enable the
21
use, or any similar discretionary land use classification or
22
entitlement.
23

"Faith-based land" means real property in this State that
24
is:
25

(1) owned in fee simple by a faith-based organization;

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or
2

(2) held of record in fee by trustees for the use or
3

benefit of a faith-based organization, religious
4

congregation, or religious corporation; or
5

(3) leased by a faith-based organization under a
6

recorded lease, with a remaining or initial term of not
7

less than 30 years.
8

"Faith-based organization" means:
9

(1) a religious corporation;
10

(2) a religious congregation; and
11

(3) any nonprofit corporation, not-for-profit
12

corporation, or other nonprofit entity that is tax-exempt
13

under Section 501(c)(3) of the Internal Revenue Code and
14

is controlled by, affiliated with, or acting at the
15

direction of an entity described in paragraph (1) or (2)
16

for religious, charitable, or community-service purposes.
17

"Generally applicable code" means a building, fire,
18
life-safety, electrical, plumbing, mechanical, energy,
19
accessibility, stormwater, floodplain, health, or similar
20
code, ordinance, or regulation that:
21

(1) applies broadly to the jurisdiction or to a zoning
22

district or overlay without regard to the identity of the
23

landowner or the religious status of the property;
24

(2) is not applied in a manner that imposes
25

requirements on a development authorized by this Act that
26

are more burdensome than those imposed on comparable

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developments; and
2

(3) does not include any discretionary approval
3

process, subjective design guideline, or standard whose
4

satisfaction is determined by a board, commission,
5

council, or other discretionary body.
6

"Gross floor area" or "building gross floor area" means
7
the sum of the gross horizontal area of all floors of all
8
buildings and enclosed structures in a development, measured
9
from the exterior faces of the exterior walls or from the
10
centerline of walls separating two buildings, including
11
mezzanines and enclosed porches, and including below-grade or
12
partially below-grade floors, but excluding roof area open to
13
the sky and excluding floor area devoted solely to accessory
14
parking and required loading and the circulation areas serving
15
such parking and loading.
16

"Group home" means a residential facility providing
17
housing and support services in a community-based environment
18
for individuals requiring assistance due to physical, mental,
19
developmental, or behavioral disabilities.
20

"Heavy industrial use" means a storage, processing, or
21
manufacturing use:
22

(1) with processes using flammable or explosive
23

materials in a manner that triggers special hazard
24

occupancy classifications under generally adopted building
25

or fire codes;
26

(2) involving hazardous conditions regulated under

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federal or State environmental law; or
2

(3) that is noxious or offensive from odors, smoke,
3

noise, fumes, or vibrations such that it is commonly
4

separated from residential uses in local zoning practice.
5

"Ministerial review" means a review limited to confirming
6
compliance with objective standards and generally applicable
7
codes, without discretion to deny, condition, or delay a
8
development based on subjective criteria, public opposition,
9
or policy considerations outside those standards and codes.
10

"Mixed-use" means use and development of a site consisting
11
of residential and nonresidential uses in which residential
12
uses occupy at least 60% of the total building gross floor area
13
of the development.
14

"Multifamily" means development of a site for 3 or more
15
dwelling units within one or more buildings, including a
16
residential condominium.
17

"Objective standard" means a standard that:
18

(1) is stated in fixed, measurable, or otherwise
19

ascertainable terms in the text of an ordinance, code, or
20

adopted engineering manual;
21

(2) is capable of being applied and determined without
22

the exercise of personal, subjective, or aesthetic
23

judgment by a public official or body; and
24

(3) is uniformly applicable to similarly situated
25

development within the jurisdiction.
26

"Religious corporation" means a corporation formed for

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religious purposes under the Religious Corporation Act,
2
including a church, congregation, or society incorporated
3
under that Act.
4

"Religious congregation" means any church, congregation,
5
or society formed for the purposes of religious worship,
6
whether or not incorporated.
7

"Supportive housing" means residential accommodations
8
combined with on-site or off-site supportive services designed
9
to assist individuals or families in maintaining stable
10
housing and achieving greater independence.
11

"Trustees" includes trustees, wardens, vestrymen, or other
12
officers performing duties similar to trustees for a religious
13
congregation or religious corporation.

14

Section 20.
Proof of qualifying status; nondiscrimination.
15

(a) A faith-based organization may demonstrate qualifying
16
status by submitting any of the following:
17

(1) a recorded affidavit of incorporation or certified
18

copy thereof for a religious corporation formed under the
19

Religious Corporation Act;
20

(2) articles of incorporation, an IRS determination
21

letter, or other documentation establishing tax-exempt
22

status under Section 501(c)(3) of the Internal Revenue
23

Code as a religious or charitable organization;
24

(3) a recorded deed, trust, or other instrument
25

showing ownership or holding of title by trustees for the

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use or benefit of a religious congregation or religious
2

corporation; or
3

(4) other objective documentation reasonably
4

sufficient to establish that the applicant is a
5

faith-based organization.
6

(b) A unit of local government shall not condition
7
approval on the faith-based organization's denomination,
8
theology, mode of worship, or other religious doctrine, and
9
shall apply this Act in a religion-neutral manner.

10

Section 25.
Allowable uses; by-right entitlement.
11

(a) A unit of local government shall permit the following
12
as allowable by-right uses on faith-based land:
13

(1) multifamily development; and
14

(2) mixed-use development.
15

(b) A unit of local government may not require a proposed
16
multifamily or mixed-use development on faith-based land to
17
obtain any discretionary approval in order to:
18

(1) permit the proposed use and development; or
19

(2) allow for the minimum development standards and
20

limitations established by this Act.
21

(c) The by-right entitlement under this Act applies
22
whether or not the faith-based organization continues to
23
operate an existing religious, educational, or community
24
facility on the same parcel or adjacent parcel, and regardless
25
of whether the housing is owned, leased, operated, or

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1
developed by the faith-based organization or by a partner
2
acting under agreement with the faith-based organization.

3

Section 30.
Prohibited local requirements and constraints.
4
For a multifamily or mixed-use development on faith-based
5
land, a unit of local government may not:
6

(1) restrict the height of the proposed development to
7

less than 60 feet or 5 full stories, whichever permits a
8

greater height, except to the extent a lower height is
9

required to comply with a generally applicable airport
10

safety overlay required by federal law;
11

(2) require setbacks in excess of 10 feet from the
12

front of the building, 10 feet from the rear of the
13

building, and 5 feet from the side of the building, except
14

as required to satisfy generally applicable fire access
15

standards or building code light or ventilation
16

requirements;
17

(3) establish or enforce any minimum off-street
18

parking requirement for dwelling units or nonresidential
19

uses, except as necessary to comply with:
20

(A) the Americans with Disabilities Act and
21

implementing regulations; or
22

(B) other federal law that expressly requires
23

minimum parking;
24

(4) restrict development through maximum or minimum
25

density caps, floor-area ratio, lot coverage, minimum unit

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size, maximum unit size, maximum number of bedrooms, or
2

any other dimensional or quantitative constraint, except
3

as expressly permitted in paragraphs (1) and (2) of this
4

Section and except for generally applicable codes and
5

structural safety limits;
6

(5) prohibit or unreasonably restrict supportive
7

housing or group homes within a multifamily or mixed-use
8

development authorized by this Act;
9

(6) require the conversion to exceed standards imposed
10

by the generally adopted building code for a change of
11

occupancy for a proposed development converting an
12

existing building from a different use to a multifamily
13

use or mixed-use use, provided that this paragraph does
14

not limit generally applicable accessibility requirements;
15

(7) require review or approval based on subjective
16

standards including, without limitation, neighborhood
17

character, compatibility, aesthetic harmony, community
18

fit, or similar criteria, or require appearance-based
19

design approvals by a board, commission, council, or other
20

discretionary body as a condition of approval; or
21

(8) require a public hearing, vote of the corporate
22

authorities, plan commission recommendation, zoning board
23

recommendation, aldermanic prerogative sign-off, or any
24

other legislative or quasi-judicial proceeding as a
25

condition of approving the use or development authorized
26

by this Act.

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Section 35.
Permitted local regulation; objective
2
standards preserved.
3

(a) Nothing in this Act affects the authority of a unit of
4
local government to apply to a development authorized by this
5
Act requirements that are:
6

(1) generally applicable to comparable developments
7

within the jurisdiction;
8

(2) objective and ascertainable on the face of the
9

ordinance or code provision; and
10

(3) related to public health and safety.
11

(b) Permitted regulations include, without limitation:
12

(1) building codes, fire codes, and life-safety codes
13

of general applicability;
14

(2) generally applicable accessibility requirements;
15

(3) sewer, water, and utility connection requirements;
16

(4) stormwater and floodplain management requirements;
17

(5) environmental remediation requirements imposed by
18

State or federal law;
19

(6) construction-phase requirements of general
20

applicability including erosion control, dust control, and
21

hours that do not function as a denial of the by-right
22

entitlement.
23

(c) A unit of local government may impose ministerial
24
permit fees that do not exceed the ministerial permit fees
25
imposed on comparable multifamily or mixed-use developments.

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However, a unit of local government may not condition approval
2
on an exaction, dedication, impact fee, or contribution that
3
is not also generally imposed on comparable developments, and
4
any such condition shall be subject to generally applicable
5
constitutional standards.

6

Section 40.
Duty to approve; ministerial review;
7
timelines; deemed approval.
8

(a) A unit of local government shall approve an
9
application for a multifamily or mixed-use development on
10
faith-based land if the development satisfies the unit of
11
local government's generally applicable, objective land
12
development and building regulations as limited by this Act.
13

(b) The duty to approve under subsection (a) is
14
ministerial.
15

(c) Within 15 business days after submission, the unit of
16
local government shall notify the applicant in writing of any
17
specific, objective information required to deem the
18
application complete. If the unit of local government fails to
19
comply with this subsection, then the application shall be
20
deemed complete.
21

(d) Within 60 days after an application is deemed
22
complete, the unit of local government shall approve or deny
23
the application in a written determination. A denial must
24
identify each specific, objective provision of a generally
25
applicable code or ordinance with which the application fails

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1
to comply, and shall describe the corrective action that would
2
result in compliance. If the unit of local government fails to
3
approve or deny an application within the time period required
4
by this subsection, then the application shall be deemed
5
approved by operation of law.
6

(e) Upon deemed approval, the applicant may request, and
7
the unit of local government shall issue within 10 business
8
days, all permits necessary to commence construction, subject
9
only to compliance with generally applicable building and
10
safety codes.

11

Section 45.
Enforcement; remedies; fees; waiver of
12
immunity; expedited hearing.
13

(a) Any of the following may bring an action to enforce
14
this Act:
15

(1) a faith-based organization that owns, leases, or
16

is developing faith-based land;
17

(2) an applicant or developer acting under agreement
18

with a faith-based organization;
19

(3) any person directly aggrieved by a violation of
20

this Act, including by unlawful denial, unlawful delay, or
21

imposition of prohibited requirements.
22

(b) An action under this Section shall be brought in the
23
circuit court of the county in which the property is wholly or
24
partly located.
25

(c) In an action under this Section, the court may:

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(1) enter declaratory judgment;
2

(2) issue a writ of mandamus compelling compliance
3

with this Act;
4

(3) issue temporary, preliminary, or permanent
5

injunctive relief;
6

(4) order issuance of permits wrongfully withheld;
7

(5) award damages for proven economic losses
8

proximately caused by the violation, including carrying
9

costs and increased construction costs attributable to
10

unlawful delay.
11

(d) The court shall award reasonable attorney's fees and
12
court costs to a prevailing plaintiff.
13

(e) Any statutory, common law, or governmental immunity of
14
a unit of local government is waived to the extent necessary to
15
effectuate the remedies expressly authorized by this Section,
16
including damages authorized under paragraph (5) of subsection
17
(c).
18

(f) The circuit court shall prioritize actions under this
19
Act and, upon motion of any party, shall set a hearing on
20
preliminary relief as soon as practicable.

21

Section 50.
Home rule.

A home rule municipality may
22
not regulate faith-based land in a manner inconsistent with
23
this Act. This Act is a limitation under subsection (i) of
24
Section 6 of Article VII of the Illinois Constitution on the
25
concurrent exercise by home rule units of powers and functions

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1
exercised by the State.

2

Section 97.
Severability.
The provisions of this Act are
3
severable under Section 1.31 of the Statute on Statutes.

4

Section 99.
Effective date.
This Act takes effect upon
5
becoming law.

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