LOCAL GOV-ANTI-GROWTH LAWS

Illinois General Assembly - Full Text of HB5616

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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB5616

Introduced 2/13/2026, by Rep. Eva-Dina Delgado

SYNOPSIS AS INTRODUCED:

55 ILCS 5/5-12025 new
60 ILCS 1/110-85 new
65 ILCS 5/11-13-30 new

Amends the Counties Code, the Township Code, and the Illinois
Municipal Code. Provides that a county, township, or municipality shall
not enact or enforce an anti-growth law affecting property unless the
anti-growth law is enacted or enforced (1) following a disaster declared
by the Governor that occurred within the jurisdiction of the county,
township, or municipality; or (2) to provide for the extension or
acquisition of public infrastructure, public services, or water resources.
Limits home rule powers. Effective immediately.
LRB104 20709 WRO 34209 b

A BILL FOR

HB5616
LRB104 20709 WRO 34209 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 5.
The Counties Code is amended by adding Section
5
5-12025 as follows:

6

(55 ILCS 5/5-12025 new)
7

Sec. 5-12025.
Anti-growth law preemption.
8

(a) As used in this Section:
9

"Anti-growth law" means a land use law that explicitly
10
limits either the growth of the population in the county's
11
jurisdiction or the number of development permits or building
12
permit applications for residential development or the
13
residential component of any mixed-use development submitted
14
to, reviewed by, approved by, or issued by a county for any
15
calendar or fiscal year.
16

"Land use law" means any statute, resolution, ordinance,
17
code, rule, regulation, plan, policy, procedure, standard,
18
initiative, guideline, requirement, or law that regulates the
19
use or division of property or any interest in property.
20

"Property" means real property located within the county
21
that is not publicly owned.
22

(b) Notwithstanding any other provision of this Code, a
23
county shall not enact or enforce an anti-growth law affecting

HB5616
- 2 -
LRB104 20709 WRO 34209 b
1
property unless the anti-growth law complies with one of the
2
following exceptions:
3

(1) The anti-growth law is enacted or enforced
4

following a disaster declared by the Governor that
5

occurred within the jurisdiction of the county. An
6

anti-growth law affecting property enacted or enforced
7

under this paragraph may be effective for not more than 24
8

months in any 5-year period.
9

(2) The anti-growth law is enacted or enforced to
10

provide for the extension or acquisition of public
11

infrastructure, public services, or water resources.
12

(c) Nothing in this Section requires a county to approve a
13
permit application or precludes a county from regulating the
14
use of land, developing land use plans, enacting affordability
15
requirements that regulate or restrict market rate development
16
or redevelopment in order to enforce affordability
17
requirements, regulating the rental of any property or portion
18
of a property that is available for lodging for less than 30
19
days, or denying a permit for any reason, including extending
20
or acquiring infrastructure, water resources, or services.
21
This subsection does not apply to a hotel unit portion of a
22
structure that is used by a business establishment to provide
23
commercial lodging to the general public for predominantly
24
overnight or weekly stays, that is classified as a hotel or
25
motel for purposes of property taxation, that is not a unit in
26
a condominium, and that is zoned or permitted by a county for

HB5616
- 3 -
LRB104 20709 WRO 34209 b
1
use as a hotel.
2

(d) A home rule county may not regulate property in a
3
manner inconsistent with this Section. This Section is a
4
limitation under subsection (i) of Section 6 of Article VII of
5
the Illinois Constitution on the concurrent exercise by home
6
rule units of powers and functions exercised by the State.

7

Section 10.
The Township Code is amended by adding Section
8
110-85 as follows:

9

(60 ILCS 1/110-85 new)
10

Sec. 110-85.
Anti-growth law preemption.
11

(a) As used in this Section:
12

"Anti-growth law" means a land use law that explicitly
13
limits either the growth of the population in the township's
14
jurisdiction or the number of development permits or building
15
permit applications for residential development or the
16
residential component of any mixed-use development submitted
17
to, reviewed by, approved by, or issued by a township for any
18
calendar or fiscal year.
19

"Land use law" means any statute, resolution, ordinance,
20
code, rule, regulation, plan, policy, procedure, standard,
21
initiative, guideline, requirement, or law that regulates the
22
use or division of property or any interest in property.
23

"Property" means real property located within the township
24
that is not publicly owned.

HB5616
- 4 -
LRB104 20709 WRO 34209 b
1

(b) Notwithstanding any other provision of this Code, a
2
township shall not enact or enforce an anti-growth law
3
affecting property unless the anti-growth law complies with
4
one of the following exceptions:
5

(1) The anti-growth law is enacted or enforced
6

following a disaster declared by the Governor that
7

occurred within the jurisdiction of the township. An
8

anti-growth law affecting property enacted or enforced
9

under this paragraph may be effective for not more than 24
10

months in any 5-year period.
11

(2) The anti-growth law is enacted or enforced to
12

provide for the extension or acquisition of public
13

infrastructure, public services, or water resources.
14

(c) Nothing in this Section requires a township to approve
15
a permit application or precludes a township from regulating
16
the use of land, developing land use plans, enacting
17
affordability requirements that regulate or restrict market
18
rate development or redevelopment in order to enforce
19
affordability requirements, regulating the rental of any
20
property or portion of a property that is available for
21
lodging for less than 30 days, or denying a permit for any
22
reason, including extending or acquiring infrastructure, water
23
resources, or services. This subsection does not apply to a
24
hotel unit portion of a structure that is used by a business
25
establishment to provide commercial lodging to the general
26
public for predominantly overnight or weekly stays, that is

HB5616
- 5 -
LRB104 20709 WRO 34209 b
1
classified as a hotel or motel for purposes of property
2
taxation, that is not a unit in a condominium, and that is
3
zoned or permitted by a township for use as a hotel.

4

Section 15.
The Illinois Municipal Code is amended by
5
adding Section 11-13-30 as follows:

6

(65 ILCS 5/11-13-30 new)
7

Sec. 11-13-30.
Anti-growth law preemption.
8

(a) As used in this Section:
9

"Anti-growth law" means a land use law that explicitly
10
limits either the growth of the population in the
11
municipality's jurisdiction or the number of development
12
permits or building permit applications for residential
13
development or the residential component of any mixed-use
14
development submitted to, reviewed by, approved by, or issued
15
by a municipality for any calendar or fiscal year.
16

"Land use law" means any statute, resolution, ordinance,
17
code, rule, regulation, plan, policy, procedure, standard,
18
initiative, guideline, requirement, or law that regulates the
19
use or division of property or any interest in property.
20

"Property" means real property located within the
21
municipality that is not publicly owned.
22

(b) Notwithstanding any other provision of this Code, a
23
municipality shall not enact or enforce an anti-growth law
24
affecting property unless the anti-growth law complies with

HB5616
- 6 -
LRB104 20709 WRO 34209 b
1
one of the following exceptions:
2

(1) The anti-growth law is enacted or enforced
3

following a disaster declared by the Governor or a state
4

of emergency declared by the mayor of the municipality
5

that occurred within the jurisdiction of the municipality.
6

An anti-growth law affecting property enacted or enforced
7

under this paragraph may be effective for not more than 24
8

months in any 5-year period.
9

(2) The anti-growth law is enacted or enforced to
10

provide for the extension or acquisition of public
11

infrastructure, public services, or water resources.
12

(c) Nothing in this Section requires a municipality to
13
approve a permit application or precludes a municipality from
14
regulating the use of land, developing land use plans,
15
enacting affordability requirements that regulate or restrict
16
market rate development or redevelopment in order to enforce
17
affordability requirements, regulating the rental of any
18
property or portion of a property that is available for
19
lodging for less than 30 days, or denying a permit for any
20
reason, including extending or acquiring infrastructure, water
21
resources, or services. This subsection does not apply to a
22
hotel unit portion of a structure that is used by a business
23
establishment to provide commercial lodging to the general
24
public for predominantly overnight or weekly stays, that is
25
classified as a hotel or motel for purposes of property
26
taxation, that is not a unit in a condominium, and that is

HB5616
- 7 -
LRB104 20709 WRO 34209 b
1
zoned or permitted by a municipality for use as a hotel.
2

(d) A home rule municipality may not regulate property in
3
a manner inconsistent with this Section. This Section is a
4
limitation under subsection (i) of Section 6 of Article VII of
5
the Illinois Constitution on the concurrent exercise by home
6
rule units of powers and functions exercised by the State.

7

Section 99.
Effective date.
This Act takes effect upon
8
becoming law.

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