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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB5626

Introduced 2/19/2026, by Rep. Kam Buckner

SYNOPSIS AS INTRODUCED:

See Index

Amends the Illinois Municipal Code. Provides that, 8 months after the
effective date of the amendatory Act, a municipality shall, on any lot
located in a residential zoning district that permits single-family
dwellings, allow (1) on an area of not more than 2,500 square feet, at
least one detached single-family dwelling unit; (2) on any lot with an area
of more than 2,500 square feet and not more than 5,000 square feet, up to 4
dwelling units; (3) on any lot with an area of more than 5,000 square feet
and not more than 7,500 square feet, up to 6 dwelling units; and (4) on any
lot with an area of more than 7,500 square feet, up to 8 dwelling units,
including cottage clusters. Provides that each municipality shall permit
accessory dwelling units in all zoning districts that permit single-family
dwellings without additional requirements for lot size, setbacks,
aesthetic requirements, design review requirements, frontage, space
limitations, or other controls beyond those required for single-family
dwelling units without an accessory dwelling unit. Provides that, if a
municipality fails to complete its plan review within the deadlines
established under the provisions, then the applicant may retain a
qualified third-party plan reviewer. Provides that, if a municipality
fails to conduct a required inspection within 2 business days, then the
applicant may retain a qualified third-party inspector. Provides that
municipalities authorized to levy impact fees must calculate fees using
the statewide formula structure issued by the Department of Commerce and
Economic Opportunity. Provides that, beginning January 1, 2027, the
corporate authorities of a municipality shall not establish minimum
automobile parking requirements for (A) residential dwellings of less than
1,500 square feet; (B) affordable housing projects under the Illinois
Affordable Housing Act; (C) assisted living establishments; (D) ground
level nonresidential spaces in mixed-use buildings; or (E) buildings
undergoing a change of use from nonresidential to residential. Amends the
Counties Code. Provides that, beginning January 1, 2027, no building code
adopted by a county or municipality may prohibit residential buildings
from having a single stairway serving as an exit for all units if the
building satisfies specified requirements. Limits home rule powers. Makes
other changes.
LRB104 20877 RTM 34540 b

A BILL FOR

HB5626
LRB104 20877 RTM 34540 b
1

AN ACT concerning local government.

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

Section 5.
The Counties Code is amended by adding Section
5
5-1063.3 as follows:

(55 ILCS 5/5-1063.3 new)
7

Sec. 5-1063.3.
Building codes; stairs.
8

(a) As used in this Section, "building code" means any
9
ordinance, resolution, law, housing or building code, or
10
zoning ordinance that establishes construction related
11
activities applicable to structures in the county.
12

(b) Beginning January 1, 2027, no building code adopted by
13
a county may prohibit residential buildings from having a
14
single stairway serving as an exit for all units if the
15
building:
16

(1) has not more than 6 stories above grade plane;
17

(2) is equipped with an automatic sprinkler system in
18

the interior exit stairway;
19

(3) has all dwelling unit doors serving as an exit
20

equipped with self-closing devices;
21

(4) is equipped with smoke detection throughout all
22

common areas and individual dwelling units;
23

(5) has at least one emergency escape and rescue

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opening for each individual dwelling unit; and
2

(6) has not more than 4 individual dwelling units on a
3

floor.
4

(c) A home rule unit may not regulate buildings in a manner
5
inconsistent with this Section. This Section is a limitation
6
under subsection (i) of Section 6 of Article VII of the
7
Illinois Constitution on the concurrent exercise by home rule
8
units of powers and functions exercised by the State.

Section 10.
The Illinois Municipal Code is amended by
10
adding Sections 1-2-3.2, Division 12.2, 11-13-30, 11-13-31,
11
Division 13.1, and Division 31.2 as follows:

(65 ILCS 5/1-2-3.2 new)
13

Sec. 1-2-3.2.
Building codes; stairs.
14

(a) As used in this Section, "building code" means any
15
ordinance, resolution, law, housing or building code, or
16
zoning ordinance that establishes construction related
17
activities applicable to structures in the municipality.
18

(b) Beginning January 1, 2027, no building code adopted by
19
a municipality may prohibit residential buildings from having
20
a single stairway serving as an exit for all units if the
21
building:
22

(1) has not more than 6 stories above grade plane;
23

(2) is equipped with an automatic sprinkler system in
24

the interior exit stairway;

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(3) has all dwelling unit doors serving as an exit
2

equipped with self-closing devices;
3

(4) is equipped with smoke detection throughout all
4

common areas and individual dwelling units;
5

(5) has at least one emergency escape and rescue
6

opening for each individual dwelling unit; and
7

(6) has not more than 4 individual dwelling units on a
8

floor.
9

(c) A home rule municipality may not regulate buildings in
10
a manner inconsistent with this Section. This Section is a
11
limitation under subsection (i) of Section 6 of Article VII of
12
the Illinois Constitution on the concurrent exercise by home
13
rule units of powers and functions exercised by the State.

(65 ILCS 5/Art. 11 Div. 12.2 heading new)
15
DIVISION 12.2.

IMPACT MITIGATION FEES

(65 ILCS 5/11-12.2-1 new)
17

Sec. 11-12.2-1.
Legislative findings and purpose.
18

(a) The General Assembly finds that:
19

(1) Illinois communities require predictable,
20

evidence-based standards to ensure that new development
21

contributes fairly to public services, infrastructure,
22

schools, parks, and other essential facilities.
23

(2) Existing State laws authorize land dedication or
24

fees instead of land dedication but lack uniform,

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transparent formulas that reflect the true impacts of
2

residential development.
3

(3) The absence of standardized methodologies results
4

in inconsistent practices, prolonged negotiations, and
5

uncertainty for developers and units of local governments.
6

(4) Establishing statewide formulas for calculating
7

impact mitigation fees will create fairness, increase
8

certainty, and streamline housing production statewide.
9

(b) The purpose of this Division is to ensure that impact
10
fees imposed by municipalities in this State are predictable,
11
proportionate, transparent, and supportive of housing
12
production, including missing middle housing. This Act
13
establishes statewide model impact-fee formulas and
14
demographic multipliers and requires municipal use of these
15
formulas when imposing impact fees on residential development.

(65 ILCS 5/11-12.2-5 new)
17

Sec. 11-12.2-5.
Definitions.
As used in this Division:
18

"Residential development" means construction, conversion,
19
or placement of new housing units, including single-family
20
homes, multifamily dwellings, and middle housing.
21

"Standardized impact mitigation fee" means a fee
22
calculated using the formulas established under this Division
23
to mitigate the measurable impacts of residential development.

(65 ILCS 5/11-12.2-10 new)

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Sec. 11-12.2-10.
Applicability.
2

(a) The formulas established in this Division apply only
3
to municipalities authorized to levy impact fees.
4

(b) Municipalities may not impose impact fees based on any
5
methodology other than the formulas in this Division, unless
6
expressly allowed in Section 11-12.2-40.
7

(c) Municipalities may adopt fees lower than the
8
formula-derived levels but may not exceed formula-based
9
maximums.
10

(d) Nothing in this Division confers new authority upon
11
non-home rule municipalities.

(65 ILCS 5/11-12.2-15 new)
13

Sec. 11-12.2-15.
Mandatory statewide formulas.
14

(a) Municipalities authorized to levy impact fees must
15
calculate fees using the statewide formula structure issued by
16
the Department of Commerce and Economic Opportunity, which
17
shall cover:
18

(1) school impact mitigation;
19

(2) parks and open space;
20

(3) transportation;
21

(4) public safety; and
22

(5) stormwater and other public facilities.
23

(b) The formulas shall incorporate the State-issued
24
components under Section 11-12.2-20, including:
25

(1) standardized demand multipliers;

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(2) baseline capital cost tables;
2

(3) model worksheets and formula templates;
3

(4) allowable adjustment factors; and
4

(5) model ordinance requirements.
5

(c) Municipalities must use the State-issued model
6
worksheet or digital calculator to generate their fee
7
schedules. No alternative calculation method may be used.
8

(d) Middle housing must receive fee adjustments based on
9
State-established multipliers that reflect lower average
10
household size and lower per-unit service demand.

(65 ILCS 5/11-12.2-20 new)
12

Sec. 11-12.2-20.
State-issued formula components.
The
13
Department of Commerce and Economic Opportunity shall issue,
14
update annually, and make publicly available the following
15
mandatory information to be used in the calculation of
16
standardized impact mitigation fees:
17

(1) Multipliers estimating service demand by housing
18

type, including, but not limited to:
19

(A) student-generation rates;
20

(B) household population multipliers;
21

(D) public safety service load factors; and
23

(E) stormwater or utility demand coefficients.
24

The multipliers under this paragraph replace all
25

municipal multipliers unless the Department of Commerce

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and Economic Opportunity authorizes a documented
2

variation.
3

(2) Statewide per-capita or per-unit capital cost
4

estimates for schools, parks, transportation, public
5

safety, and stormwater facilities. The Department of
6

Commerce and Economic Opportunity shall define permissible
7

deviations, including allowable ranges for:
8

(A) land acquisition costs;
9

(B) construction and capital costs; and
10

(3) The Department of Commerce and Economic
12

Opportunity must provide downloadable spreadsheets or
13

web-based calculators embedding all formulas, multipliers,
14

and cost tables. Municipalities authorized to levy impact
15

fees must use these worksheets to produce their fee
16

schedules. Worksheets must automatically generate a
17

public-facing fee schedule for municipal adoption.
18

(4) The Department of Commerce and Economic
19

Opportunity shall issue statewide adjustment factors
20

permitting controlled variation, including:
21

(A) land-value cost adjustments within
22

State-defined bands;
23

(B) infill or redevelopment discount factors;
24

adjustments; and
26

(D) middle-housing elasticity adjustments.

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Adjustment factors under this paragraph may not exceed
2

State-defined maximums or minimums.
3

(5) The Department of Commerce and Economic
4

Opportunity shall issue a model impact fee ordinance that
5

municipalities authorized to levy impact fees must adopt
6

verbatim or with only technical deviations. The model
7

ordinance must include:
8

(A) definitions;
9

(B) applicability;
10

(D) exemptions;
12

(E) reporting;
13

(F) annual fee recalibration process; and
14

(G) appeal procedures conforming to constitutional
15

nexus standards.

(65 ILCS 5/11-12.2-30 new)
17

Sec. 11-12.2-30.
Public fee schedule.

(a) Each municipality authorized to levy impact fees must,
19
before imposing any fee, publish a schedule identifying:
20

(1) the formula-generated maximum fee per unit type;
21

(2) the State-issued multipliers and assumptions used;
22

(3) any allowable municipal adjustment factors
23

applied; and
24

(4) any municipal reductions adopted.
25

(b) Only fees produced through the State worksheet may be

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imposed.

(65 ILCS 5/11-12.2-40 new)
3

Sec. 11-12.2-40.
Interaction with land dedication
4
requirements.
5

(a) If the laws of this State authorize land dedication or
6
fees instead of land dedication, then a standardized impact
7
mitigation fee is a fee instead of land dedication unless a
8
municipal ordinance expressly requires both a fee and land
9
dedication.
10

(b) A pre-existing land dedication requirement may
11
continue only if:
12

(1) it existed prior to the effective date of this
13

amendatory Act of the 104th General Assembly; and
14

(2) a formula-based cash alternative using the State
15

worksheets is available.
16

(65 ILCS 5/11-12.2-45 new)
19

Sec. 11-12.2-45.
Exemptions and reductions.
20

(a) Mandatory exemptions shall include:
21

(1) units affordable to households equals 60% AMI;
22

(2) permanent supportive housing;
23

(3) transitional housing; and
24

(4) accessory dwelling units.

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(b) Municipalities may grant additional reductions for:
2

(1) middle housing;
3

(2) transit-oriented development;
4

(3) redevelopment of vacant, underutilized, or
5

brownfield parcels; and
6

(4) a building undergoing a change of use from a
7

nonresidential to a residential use.

(65 ILCS 5/11-12.2-50 new)
9

Sec. 11-12.2-50.
Report requirements.
10

(a) Municipalities authorized to levy impact fees must
11
annually report to the Department of Commerce and Economic
12
Opportunity:
13

(1) fees collected;
14

(2) fund expenditures;
15

(3) fund balances;
16

(4) number and type of housing units approved; and
17

(5) any use of adjustment factors.
18

(b) The Department of Commerce and Economic Opportunity
19
shall publish online the reports that municipalities submit
20
under subsection (a).

(65 ILCS 5/11-12.2-55 new)
22

Sec. 11-12.2-55.
Rulemaking.
23

(a) The Department of Commerce and Economic Opportunity
24
shall adopt rules necessary to implement this Division,

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including:
2

(1) formula methodologies;
3

(2) multipliers;
4

(3) capital cost tables;
5

(4) allowable adjustment ranges;
6

(5) worksheets and calculators; and
7

(6) model ordinances.
8

(b) The Department of Commerce and Economic Opportunity
9
shall update multipliers, capital cost tables, and worksheets
10
no less frequently than once every 12 months.

(65 ILCS 5/11-12.2-60 new)
12

Sec. 11-12.2-60.
Implementation and transition.
13

(a) The Department of Commerce and Economic Opportunity
14
shall adopt initial formulas, multipliers, worksheets, and the
15
model ordinance required under this Division no later than 18
16
months after the effective date of this amendatory Act of the
17
104th General Assembly.
18

(b) A municipality authorized to levy impact fees shall
19
adopt the model ordinance and fee schedule consistent with
20
this Division no later than 12 months after the Department of
21
Commerce and Economic Opportunity adopts the initial formulas
22
and model ordinance.
23

(c) Until a municipality adopts the model ordinance
24
required under this Division, it may continue to impose impact
25
fees under its existing ordinances.

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(d) Beginning 30 months after the effective date of this
2
amendatory Act of the 104th General Assembly, any impact fee
3
imposed on residential development must be calculated in
4
accordance with this Division and rules adopted under this
5
Division.
6

(e) An application for residential development that is
7
complete under the laws of the municipality before the
8
municipality adopts the model ordinance shall be subject to
9
the impact fee requirements in effect at the time the
10
application was deemed complete.
11

(f) Nothing in this Division shall be construed to
12
authorize municipality to levy impact fees if it lacked the
13
authority to prior to levy impact fees the effective date of
14
this amendatory Act of the 104th General Assembly.

(65 ILCS 5/11-12.2-65 new)
16

Sec. 11-12.2-65.
Home rule preemption.
A home rule unit
17
may not regulate plan reviews or building inspections in a
18
manner inconsistent with this Division. This Division is a
19
limitation under subsection (i) of Section 6 of Article VII of
20
the Illinois Constitution on the concurrent exercise by home
21
rule units of powers and functions exercised by the State.

(65 ILCS 5/11-13-30 new)
23

Sec. 11-13-30.
Accessory dwelling units.
24

(a) As used in this Section, "accessory dwelling unit"

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means a residential living unit that is located on a lot
2
containing a single-family dwelling that provides independent
3
living facilities for one or more persons, including
4
provisions for sleeping, eating, cooking, and sanitation, on
5
the same parcel of land as the principal dwelling unit it
6
accompanies. "Accessory dwelling unit" includes a structure
7
that is (i) separate from the primary dwelling unit or (ii)
8
attached to the primary dwelling unit.
9

(b) Notwithstanding any law to the contrary, beginning
10
January 1, 2027, each municipality shall, by ordinance,
11
authorize the development of accessory dwelling units in
12
compliance with this Section.
13

(1) Each municipality shall permit accessory dwelling
14

units in all zoning districts that permit single-family
15

dwellings without additional requirements for lot size,
16

setbacks, aesthetic requirements, design review
17

requirements, frontage, space limitations, or other
18

controls beyond those required for single-family dwelling
19

units without an accessory dwelling unit. An accessory
20

dwelling unit may be constructed as a new structure or
21

from an existing structure, including but not limited to
22

attached or detached garages, attics, basements, and
23

backyard cottages.
24

(2) A municipality is not required to allow more than
25

one accessory dwelling unit for any single-family
26

dwelling.

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(3) Accessory dwelling units may be constructed at the
2

same time as the principal dwelling unit.
3

(4) No municipality shall:
4

(A) require additional automobile parking spaces
5

for a property with an accessory dwelling unit beyond
6

the requirements for a single-family dwelling unit
7

without an accessory dwelling unit;
8

(B) require the establishment of a familial
9

relationship between the occupants of an accessory
10

dwelling unit and the occupants of a principal
11

dwelling unit; or
12

square footage of an accessory dwelling unit or (ii)
14

the number of bedrooms of an accessory dwelling unit.
15

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

(65 ILCS 5/11-13-31 new)
22

Sec. 11-13-31.
Automobile parking requirements for
23
residential developments.

(a) Beginning January 1, 2027, the corporate authorities
25
of a municipality shall not:

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(1) require more than 0.5 automobile parking spaces
2

per multifamily dwelling unit or more than one automobile
3

parking space per single-family home; or
4

(2) establish minimum automobile parking requirements
5

for:
6

(A) residential dwellings of less than 1,500
7

square feet;
8

(B) affordable housing projects under the Illinois
9

Affordable Housing Act;
10

the Assisted Living and Shared Housing Act;
12

(D) ground level nonresidential spaces in
13

mixed-use buildings; or
14

(E) buildings undergoing a change of use from
15

nonresidential to residential.
16

(b) This Section does not apply:
17

(1) to requirements for automobile parking spaces
18

permanently marked for the exclusive use of individuals
19

with disabilities in compliance with the American with
20

Disabilities Act; or
21

(2) if the requirements of this Section conflict with
22

a developer's contractual agreement or approved site plan
23

with the corporate authorities of a municipality that was
24

executed or approved on or before the effective date of
25

this amendatory Act of the 104th General Assembly.
26

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enacting or enforcing an ordinance or resolution that
2
establishes a maximum automobile parking requirement that is
3
more stringent than or equal to the automobile parking
4
requirements of this Section.
5

(d) Nothing in this Section prohibits a developer from
6
constructing additional automobile parking that is not
7
available to the public.
8

(e) A home rule unit may not regulate automobile parking
9
in a manner inconsistent with this Section. This Section is a
10
limitation under subsection (i) of Section 6 of Article VII of
11
the Illinois Constitution on the concurrent exercise by home
12
rule units of powers and functions exercised by the State.

(65 ILCS 5/Art. 11 Div. 13.1 heading new)
14
Division 13.1.

MIDDLE HOUSING

(65 ILCS 5/11-13.1-1 new)
16

Sec. 11-13.1-1.
Purpose.
The purpose of this Division is
17
to expand housing choice, increase the supply of attainable
18
housing, and establish uniform statewide standards for middle
19
housing production while preserving reasonable,
20
non-exclusionary municipal design and siting authority.

(65 ILCS 5/11-13.1-5 new)
22

Sec. 11-13.1-5.
Definitions.
As used in this Division:
23

"Attached courtyard housing" means a form of middle

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housing consisting of 2 or more attached dwelling units
2
arranged to face a shared common courtyard, where each unit
3
has a primary entrance oriented toward the courtyard and the
4
courtyard provides pedestrian access, light, air, and shared
5
open space for the dwelling units.
6

"Clear and objective standard" means a standard that does
7
not require discretionary judgment in its interpretation or
8
application and that applies uniformly to all applicants.
9

"Common courtyard" means a landscaped or hardscaped area
10
accessible to multiple dwelling units that provides pedestrian
11
access and passive or active recreation.
12

"Cottage cluster" means a grouping of 3 or more detached
13
or semi-detached dwelling units on a shared lot or parcel,
14
arranged around common open space, and served by shared
15
pedestrian or vehicular access.
16

"Detached courtyard housing" means a form of middle
17
housing consisting of 2 or more detached dwelling units
18
located on a shared lot or parcel and arranged to face a shared
19
common courtyard, where each unit has a primary entrance
20
oriented toward the courtyard and the courtyard provides
21
pedestrian access, light, air, and shared open space for the
22
dwelling units.
23

"Discretionary review" means any land-use or development
24
approval that requires the exercise of subjective judgment by
25
a legislative body, planning commission, zoning board of
26
appeals, architectural review board, or similar body,

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including, but not limited to, special uses, conditional uses,
2
variances, planned unit developments, or non-objective design
3
review. "Discretionary review" does not include:
4

(1) ministerial building permit review for compliance
5

with clear and objective standards;
6

(2) historic preservation review required solely for
7

the demolition of a structure designated as a local,
8

State, or national historic landmark; or
9

(3) environmental or safety review required by State
10

or federal law.
11

"Middle housing" means:
12

(1) duplexes;
13

(2) triplexes;
14

(3) fourplexes;
15

(4) cottage clusters;
16

(5) townhouses;
17

(6) attached courtyard housing;
18

(7) detached courtyard housing; and
19

(8) stacked-flat plexes
20

"Middle housing land division" means the division of land
21
containing middle housing to allow fee-simple ownership of one
22
or more dwelling units consistent with Section 11-13.1-40.
23

"Pedestrian path" means a walkway connecting at least one
24
building entrance to a public or private street that complies
25
with the provisions of the Americans with Disabilities Act of
26
1990 and its implementing regulations.

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"Public transit" means fixed-route bus, commuter rail,
2
light rail, rapid transit, or other publicly operated or
3
publicly subsidized transit with regularly scheduled service.
4

"Residential zoning district" means any municipal zoning
5
district in which detached single-family dwellings are a
6
permitted use.
7

"Stacked-flat plex" means a middle-housing building type
8
containing between 2 and 8 dwelling units, where units are
9
arranged in vertical tiers and accessed by shared or
10
individual entrances, and the overall building is designed to
11
be similar in scale and massing to a detached single-family
12
house.

(65 ILCS 5/11-13.1-10 new)
14

Sec. 11-13.1-10.
Statewide middle-housing entitlements.
15

(a) This Section applies to every residential zoning
16
district in every municipality with zoning authority under
17
this Code.
18

(b) A municipality shall provide for at least one
19
residential zoning district in which detached single-family
20
dwellings are permitted on lots with an area of not more than
21
2,500 square feet. A municipality may not require a minimum
22
lot area of more than 2,500 square feet for detached
23
single-family dwellings in any residential zoning district
24
that permits detached single-family dwellings.
25

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permitted on any lot located in a residential zoning district
2
that permits detached single-family dwellings:
3

(1) On any lot with an area of not more than 2,500
4

square feet, at least one detached single-family dwelling
5

unit shall be permitted as of right.
6

(2) Up to 4 dwelling units are permitted as of right on
7

any lot with an area of more than 2,500 square feet and not
8

more than 5,000 square feet.
9

(3) Up to 6 dwelling units are permitted as of right on
10

any lot with an area of more than 5,000 square feet and not
11

more than 7,500 square feet.
12

(4) Up to 8 dwelling units, including cottage
13

clusters, are permitted as of right on any lot with an area
14

of more than 7,500 square feet. Each individual cottage
15

counts as a dwelling unit for purposes of this paragraph
16

(4).
17

(d) Municipalities may authorize unit counts or densities
18
that exceed the allowances established in this Section but may
19
not reduce them.
20

(e) For the first 8 months after the effective date of this
21
amendatory Act of the 104th General Assembly, municipalities
22
may continue to review middle-housing permit applications
23
under existing local standards. During this period,
24
municipalities may not adopt new standards that reduce the
25
minimum dwelling-unit entitlements set forth in subsection
26
(b). Beginning immediately after the 8-month period, any

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municipal ordinance that conflicts with subsection (b) is void
2
and unenforceable to the extent of the conflict. After the
3
transition period:
4

(1) if a municipality has adopted conforming zoning
5

amendments under Section 11-13.1-45, then permit
6

applications shall be reviewed under the municipality's
7

updated zoning code; and
8

(2) if a municipality has not adopted conforming
9

amendments within 8 months after the effective date of
10

this amendatory Act of the 104th General Assembly, then
11

permit applications shall be reviewed under the default
12

clear-and-objective standards in Section 11-13.1-35.
13

(f) Any residential zoning district that permits detached
14
single-family dwellings shall also permit the dwelling unit
15
allowance required under this Section, regardless of zoning
16
classification or district name.

(65 ILCS 5/11-13.1-15 new)
18

Sec. 11-13.1-15.
Conversion of existing residential
19
structures.

(a) A municipality must allow an existing principal
21
residential structure to be converted to any middle-housing
22
type up to the maximum units permitted under Section
23
11-13.1-10 if:
24

(1) the structure is not expanded by more than 50% of
25

its existing floor area or more than 1,200 square feet,

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whichever is greater; and
2

(2) the conversion complies with applicable building
3

codes and preservation or landmark laws.
4

(b) A compliant conversion shall not be subject to
5
site-development standards that apply only to new
6
construction.

(65 ILCS 5/11-13.1-20 new)
8

Sec. 11-13.1-20.
Local development and design standards.

(a) Municipal standards for bulk, lot area, yards, height,
10
automobile parking, density, floor-area ratio, lot coverage,
11
access, unit size, building separation, and design are
12
enforceable only if the standards:
13

(1) are clear and objective; and
14

(2) do not, individually or cumulatively, preclude or
15

materially discourage the development of middle housing on
16

typical lots in the zoning district, or unreasonably delay
17

development of the minimum dwelling-unit allowances
18

established under Section 11-13.1-10.
19

(b) Municipalities may not adopt or enforce standards for
20
bulk, lot area, yards, height, automobile parking, density,
21
floor-area ratio, lot coverage, access, unit size, building
22
separation, and design that:
23

(1) impose requirements on middle housing that are
24

more restrictive than those applicable to detached
25

single-family dwellings;

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(2) require automobile parking mandates for
2

residential dwellings of less than 1,500 square feet and
3

require automobile parking mandates no greater than:
4

(A) 0.5 automobile parking spaces per multifamily
5

dwelling unit; or
6

(B) more than one automobile parking space per
7

single family home; and
8

(3) require any form of discretionary review,
9

including, but not limited to, special use permits,
10

planned unit developments, public hearings, or
11

discretionary design review, unless the same review is
12

required for detached single-family dwellings.

(65 ILCS 5/11-13.1-25 new)
14

Sec. 11-13.1-25.
Administrative processing.

15
Middle-housing applications that comply with clear and
16
objective standards must be processed:
17

(1) as a permitted use;
18

(2) without discretionary review; and
19

(3) within the same timeframe applied to detached
20

single-family dwellings.
21

Nothing in this Section shall be construed to prohibit
22
demolition review required under an adopted historic
23
preservation ordinance for a locally, State, or nationally
24
designated historic resource.

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(65 ILCS 5/11-13.1-30 new)
2

Sec. 11-13.1-30.
Default clear and objective standards.

(a) This Section applies in any municipality that:
4

(1) fails to adopt conforming zoning amendments within
5

8 months after the effective date of this amendatory Act
6

of the 104th General Assembly; or
7

(2) has adopted zoning provisions that conflict with
8

this Division.
9

If this Section applies to a municipality, then the
10
standards under this Section apply in all residential zoning
11
districts in the municipality and the permit applications in
12
residential zoning districts within the municipality shall be
13
reviewed solely under this Division.
14

(b) A municipality's minimum setbacks for dwellings shall
15
not exceed 10 feet from the front of the dwelling; 5 feet from
16
either side of the dwelling; 10 feet from the rear of the
17
dwelling; or 10 feet from the corner of the corner-lot street.
18
Municipalities may not impose a maximum building height of
19
less than 35 feet. Any additional height reductions based on
20
building form, articulation, roof type, or architectural style
21
are invalid. The maximum lot-coverage limit shall not be less
22
than 70%. The maximum floor-area-ratio limit shall not be less
23
than 1.5. The minimum separation between structures on the
24
same lot shall not exceed 6 feet, except as required by the
25
State Fire Code.
26

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spaces is 0.5 spaces per multifamily dwelling unit. No
2
automobile parking may be required for any lot located within
3
one-half mile of public transit. Municipal automobile parking
4
design standards are limited to surfacing, emergency-access,
5
and drainage requirements under State law.
6

(d) Access to a dwelling via an alley or shared driveway
7
must be permitted. The municipality's maximum driveway widths
8
must not exceed (i) 10 feet for one-way access or (ii) 18 feet
9
for 2-way access. No minimum street-frontage applies if access
10
exists via an easement or alley. No more than one driveway may
11
be required per development.
12

(e) Design standards are applicable to all residential
13
development, including middle housing. Design standards are
14
limited to:
15

(1) at least one primary entrance facing the street,
16

except for cottage clusters;
17

(2) roof-drainage compliance with State plumbing codes
18

and stormwater codes;
19

(3) at least 20% transparency on street-facing
20

facades;
21

(4) materials permitted under the State building code;
22

and
23

(5) no standards based on subjective criteria,
24

including, but not limited to, compatibility, character,
25

and context.
26

(f) Design standards for middle-housing include the

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following standards:
2

(1) Design standards for cottage clusters include the
3

following standards:
4

(A) The minimum unit size shall be at least 150
5

square feet.
6

(B) Cottage clusters shall contain a common open
7

space of at least 150 square feet per unit.
8

consolidated.
10

(D) Cottage clusters shall contain pedestrian
11

paths required, as needed, for fire safety and life
12

safety.
13

(2) Complexes of between 2 and 8 units may occupy the
14

same building envelope allowed for a detached
15

single-family dwelling under this Section. Municipalities
16

may not require complexes of between 2 and 8 units to have
17

design differentiation from single-family structures.
18

(3) The design standards for a townhomes may not
19

require minimum rear setbacks greater than 10 feet, except
20

that lots with rear alley access shall not be required to
21

have minimum rear setbacks greater than 0 feet. The design
22

standards for a townhomes shall include minimum setbacks
23

at a common wall property line of greater than 0 feet.
24

(4) Existing buildings may be converted to up to 8
25

units of middle housing without triggering standards
26

applicable only to new construction, other than

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life-safety codes. A building's existing nonconformities
2

need not be corrected.
3

(g) Municipalities shall approve land subdivisions,
4
condo-alternatives, or attached-dwelling plats that enable
5
fee-simple ownership. Lot-size, dimension, and frontage
6
requirements shall not preclude the divisions. Shared areas
7
may be governed by easements, covenants, or owners'
8
associations.

(65 ILCS 5/11-13.1-35 new)
10

Sec. 11-13.1-35.
Middle-housing land divisions.

11
Municipalities shall approve a middle-housing land division if
12
the application demonstrates that:
13

(1) each dwelling unit has separate utility
14

connections or easements;
15

(2) private and common areas, access ways, and shared
16

facilities are protected by recorded easements or
17

agreements;
18

(3) the proposed middle-housing land division does not
19

conflict with the municipality's building safety codes;
20

and
21

(4) the middle-housing land division preserves the
22

ability to meet applicable standards under this Division.
23

A middle-housing land division shall not be denied based
24
on minimum lot-size, density, or similar standards.

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(65 ILCS 5/11-13.1-40 new)
2

Sec. 11-13.1-40.
Municipality requirements.

(a) Each municipality must amend its zoning ordinance to
4
conform to this Division within 8 months after the effective
5
date of this amendatory Act of the 104th General Assembly.
6

(b) If a municipality fails to adopt conforming amendments
7
within 8 months after the effective date of this amendatory
8
Act of the 104th General Assembly, then the default
9
clear-and-objective standards in Section 11-13.1-30 shall
10
automatically apply.
11

(c) Any municipal ordinance that conflicts with this
12
Division is void and unenforceable to the extent of the
13
conflict 8 months after the effective date of this amendatory
14
Act of the 104th General Assembly.
15

(d) During the first 8 months after the effective date of
16
this amendatory Act of the 104th General Assembly,
17
municipalities may continue to review middle-housing permit
18
applications under existing local standards. No municipality
19
may adopt new standards during this period that reduce the
20
minimum dwelling-unit entitlements in subsection (c) of
21
Section 11-13.1-10.
22

(e) Any person or entity aggrieved by a municipality's
23
action or inaction alleged to violate this Division may bring
24
an action for declaratory or injunctive relief in a court of
25
competent jurisdiction. If the court finds that a municipality
26
has violated this Division, then the court shall award

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reasonable attorney's fees and costs to the prevailing
2
plaintiff. Nothing in this subsection shall be construed to
3
limit any other remedies available at law or in equity.

(65 ILCS 5/11-13.1-45 new)
5

Sec. 11-13.1-45.
Conflict.
In case of any conflict between
6
the provisions of this Division and Division 11-13, the
7
provisions of this Division shall prevail and control.

(65 ILCS 5/11-13.1-50 new)
9

Sec. 11-13.1-50.
Home rule.
A home rule unit may not
10
regulate middle housing in a manner inconsistent with this
11
Division. This Division is a limitation under subsection (i)
12
of Section 6 of Article VII of the Illinois Constitution on the
13
concurrent exercise by home rule units of powers and functions
14
exercised by the State.

(65 ILCS 5/Art. 11 Div. 31.2 heading new)
16
DIVISION 31.2.

BUILDING INSPECTIONS

(65 ILCS 5/11-31.2-1 new)
18

Sec. 11-31.2-1.
Findings and purpose.
19

(a) The General Assembly finds and declares that:
20

(1) uncertain and lengthy building permit review and
21

inspection timelines add costs, delay community
22

investment, and make it harder to deliver housing across

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the State;
2

(2) ensuring predictable, efficient, and transparent
3

review processes is a matter of statewide concern
4

affecting housing supply, public safety, and economic
5

competitiveness;
6

(3) several states, including Florida, Arizona,
7

Tennessee, Texas, and New Hampshire, have adopted
8

third-party plan review and inspection systems that
9

accelerate development timelines while maintaining safety
10

and code compliance; and
11

(4) By setting statewide expectations and offering
12

qualified third-party review options when local deadlines
13

are exceeded, Illinois can reduce avoidable delays and
14

help advance needed housing and commercial development in
15

communities large and small.
16

(b) It is the purpose of this Division to create a
17
statewide third-party plan review and inspection framework, to
18
establish uniform municipal deadlines, and to ensure that all
19
applicants may obtain timely approvals necessary to advance
20
construction while maintaining public safety and building-code
21
standards.

(65 ILCS 5/11-31.2-2 new)
23

Sec. 11-31.2-2.
Definitions.
As used in this Act:
24

"Business day" means any day other than a Saturday,
25
Sunday, or State-recognized holiday.

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"Complete application" means an application that includes
2
all forms, fees, documents, site plans, and other materials
3
required by local ordinance.
4

"Qualified third-party plan reviewer" means a person who:
5

(1) is a licensed architect or engineer under the laws
6

of this State; and
7

(2) holds a current and active certification issued by
8

the International Code Council, the National Fire
9

Protection Association, or the International Association
10

of Plumbing and Mechanical Officials, or one of their
11

successor organizations.
12

"Qualified third-party inspector" means a person who:
13

(1) is a licensed architect or engineer; and
14

(2) holds a current and active certification issued by
15

the International Code Council, the National Fire
16

Protection Association, or the International Association
17

of Plumbing and Mechanical Officials, or one of their
18

successor organizations.

(65 ILCS 5/11-31.2-5 new)
20

Sec. 11-31.2-5.
Applicability.
This Division applies to
21
all municipalities, including home-rule units.

(65 ILCS 5/11-31.2-10 new)
23

Sec. 11-31.2-10.
Municipal plan review timelines.
24

(a) A municipality shall complete its initial plan review

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within:
2

(1) 15 business days after receipt of a complete
3

application for a one-family residential project or
4

2-family residential project; or
5

(2) 30 business days after receipt of a complete
6

application for any multifamily, mixed-use, or commercial
7

project.
8

(b) A municipality shall issue written comments or
9
approval within the applicable deadline.
10

(c) For any subsequent review cycle after the applicant
11
submits revisions responding to comments, the municipality
12
shall complete review within 10 business days.
13

(d) Failure to meet any deadline under this Section
14
triggers the applicant's right to use a qualified third-party
15
plan reviewer under Section 11-31.2-20.

(65 ILCS 5/11-31.2-15 new)
17

Sec. 11-31.2-15.
Inspection timelines.
18

(a) A municipality shall conduct any required inspection
19
within 2 business days after receipt of a request.
20

(b) Failure to conduct the inspection within the required
21
period triggers the applicant's right to use a qualified
22
third-party inspector under Section 11-31.2-25.

(65 ILCS 5/11-31.2-20 new)
24

Sec. 11-31.2-20.
Use of qualified third-party plan

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reviewers upon missed deadline.
2

(a) If a municipality fails to complete its plan review
3
within the deadlines established under Section 11-31.2-10,
4
then the applicant may retain a qualified third-party plan
5
reviewer.
6

(b) A municipality shall accept any plan review submitted
7
by a qualified third-party plan reviewer as meeting the
8
municipality's requirements if the review demonstrates
9
compliance with the applicable building codes.
10

(c) A municipality shall issue the permit within 2
11
business days after receiving a compliant third-party plan
12
review.
13

(d) A municipality may not require a second review, impose
14
additional comments, or delay issuance once a qualified review
15
has been submitted, except as permitted under Section
16
11-31.2-30.

(65 ILCS 5/11-31.2-25 new)
18

Sec. 11-31.2-25.
Use of qualified third-party inspectors
19
upon missed deadline.
20

(a) If a municipality fails to conduct a required
21
inspection within 2 business days, then the applicant may
22
retain a qualified third-party inspector.
23

(b) Municipalities shall accept inspection reports
24
submitted under this Section as satisfying local inspection
25
requirements if the report demonstrates compliance with the

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building code.
2

(c) A municipality shall issue any required approval,
3
certificate, or authorization within one business day after
4
receiving a compliant inspection report.

(65 ILCS 5/11-31.2-30 new)
6

Sec. 11-31.2-30.
Municipal audit authority.
7

(a) A municipality retains full authority to audit any
8
third-party plan review or inspection for compliance with
9
applicable codes. Nothing in this Division limits a
10
municipality's authority to issue stop-work orders, withhold
11
certificates of occupancy, or pursue enforcement actions for
12
noncompliance.
13

(b) An audit may not delay issuance of a permit or
14
authorization submitted under Section 11-31.2-20 or
15
11-31.2-25.
16

(c) If a municipality identifies material noncompliance,
17
then it may pursue enforcement actions available under its
18
code authority and report the findings to the Department of
19
Financial and Professional Regulation or applicable
20
credentialing organization.
21

(d) A municipality may require reasonable documentation
22
demonstrating that a qualified third-party plan reviewer or
23
qualified third-party inspector meets the qualification
24
requirements of this Division, including proof that the
25
qualified third-party plan reviewer's or qualified third-party

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inspector's licensure or certification is current and active.
2

(e) Nothing in this Division shall be construed to
3
transfer liability for code compliance or construction defects
4
from the owner, design professional, or contractor.

(65 ILCS 5/11-31.2-40 new)
6

Sec. 11-31.2-40.
Fees; fee parity.
7

(a) A municipality may not charge plan review or
8
inspection fees for any portion of the review process or
9
inspection process performed by a qualified third-party plan
10
reviewer or qualified third-party inspector.
11

(b) Fees charged by a qualified third-party plan reviewer
12
may not exceed the municipality's standard fees for the same
13
service.
14

(c) A municipality shall reduce its fees proportionally
15
when an applicant uses third-party review for only one portion
16
of the process.

(65 ILCS 5/11-31.2-45 new)
18

Sec. 11-31.2-45.
Conflicts of interest.
19

(a) A qualified third-party plan reviewer may not review
20
plans if:
21

(1) the qualified third-party plan reviewer, an
22

employee of the qualified third-party plan reviewer, or
23

qualified third-party plan reviewer's employer was
24

involved in making the plans; or

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(2) the plans are for work to be performed on property
2

owned by the qualified third-party plan reviewer, an
3

employee of the qualified third-party plan reviewer, or
4

qualified third-party plan reviewer's employer.
5

(b) A qualified third-party inspector may not inspect work
6
if the qualified third-party inspector, an employee of the
7
qualified third-party inspector, or qualified third-party
8
inspector's employer:
9

(1) performed any of the work;
10

(2) planned any of the work; or
11

(3) is the owner of the property on which the work was
12

performed.
13

(c) A qualified third-party plan reviewer or qualified
14
third-party inspector shall disclose any potential conflict of
15
interest to the applicant and the municipality before
16
accepting an engagement.

(65 ILCS 5/11-31.2-50 new)
18

Sec. 11-31.2-50.
Home rule preemption.
A home rule unit
19
may not regulate plan reviews or building inspections in a
20
manner inconsistent with this Division. This Division is a
21
limitation under subsection (i) of Section 6 of Article VII of
22
the Illinois Constitution on the concurrent exercise by home
23
rule units of powers and functions exercised by the State.

(65 ILCS 5/11-31.2-97 new)

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Sec. 11-31.2-97.
Severability.
The provisions of this
2
Division are severable under Section 1.31 of the Statute on
3
Statutes.

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INDEX

Statutes amended in order of appearance

55 ILCS 5/5-1063.3 new
4

65 ILCS 5/1-2-3.2 new
5

65 ILCS 5/Art. 11 Div.
6

12.2 heading new
7

65 ILCS 5/11-12.2-1 new
8

65 ILCS 5/11-12.2-5 new
9

65 ILCS 5/11-12.2-10 new
10

65 ILCS 5/11-12.2-15 new
11

65 ILCS 5/11-12.2-20 new
12

65 ILCS 5/11-12.2-30 new
13

65 ILCS 5/11-12.2-40 new
14

65 ILCS 5/11-12.2-45 new
15

65 ILCS 5/11-12.2-50 new
16

65 ILCS 5/11-12.2-55 new
17

65 ILCS 5/11-12.2-60 new
18

65 ILCS 5/11-12.2-65 new
19

65 ILCS 5/11-13-30 new
20

65 ILCS 5/11-13-31 new
21

65 ILCS 5/Art. 11 Div.
22

13.1 heading new
23

65 ILCS 5/11-13.1-1 new
24

65 ILCS 5/11-13.1-5 new
25

65 ILCS 5/11-13.1-10 new

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1

65 ILCS 5/11-13.1-15 new
2

65 ILCS 5/11-13.1-20 new
3

65 ILCS 5/11-13.1-25 new
4

65 ILCS 5/11-13.1-30 new
5

65 ILCS 5/11-13.1-35 new
6

65 ILCS 5/11-13.1-40 new
7

65 ILCS 5/11-13.1-45 new
8

65 ILCS 5/11-13.1-50 new
9

65 ILCS 5/Art. 11 Div.
10

31.2 heading new
11

65 ILCS 5/11-31.2-1 new
12

65 ILCS 5/11-31.2-2 new
13

65 ILCS 5/11-31.2-5 new
14

65 ILCS 5/11-31.2-10 new
15

65 ILCS 5/11-31.2-15 new
16

65 ILCS 5/11-31.2-20 new
17

65 ILCS 5/11-31.2-25 new
18

65 ILCS 5/11-31.2-30 new
19

65 ILCS 5/11-31.2-40 new
20

65 ILCS 5/11-31.2-45 new
21

65 ILCS 5/11-31.2-50 new
22

65 ILCS 5/11-31.2-97 new

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MUNI CD-ACCESSORY DWELLINGS

Plain English Breakdown

MUNI CD-ACCESSORY DWELLINGS

What This Bill Does

Limits and Unknowns

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Official Summary Text

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