HB 5626

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Full Text of HB5626
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	HB5626 - 104th General Assembly
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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.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Counties Code is amended by adding Section
55-1063.3 as follows:
6    (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 
9ordinance, resolution, law, housing or building code, or 
10zoning ordinance that establishes construction related 
11activities applicable to structures in the county.
12    (b) Beginning January 1, 2027, no building code adopted by 
13a county may prohibit residential buildings from having a 
14single stairway serving as an exit for all units if the 
15building:
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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1    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 
5inconsistent with this Section. This Section is a limitation 
6under subsection (i) of Section 6 of Article VII of the 
7Illinois Constitution on the concurrent exercise by home rule 
8units of powers and functions exercised by the State.
9    Section 10. The Illinois Municipal Code is amended by
10adding Sections 1-2-3.2, Division 12.2, 11-13-30, 11-13-31,
11Division 13.1, and Division 31.2 as follows:
12    (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 
15ordinance, resolution, law, housing or building code, or 
16zoning ordinance that establishes construction related 
17activities applicable to structures in the municipality.
18    (b) Beginning January 1, 2027, no building code adopted by 
19a municipality may prohibit residential buildings from having 
20a single stairway serving as an exit for all units if the 
21building:
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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1        (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 
10a manner inconsistent with this Section. This Section is a 
11limitation under subsection (i) of Section 6 of Article VII of 
12the Illinois Constitution on the concurrent exercise by home 
13rule units of powers and functions exercised by the State.
14    (65 ILCS 5/Art. 11 Div. 12.2 heading new)
15DIVISION 12.2.  IMPACT MITIGATION FEES
16    (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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1    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 
10fees imposed by municipalities in this State are predictable, 
11proportionate, transparent, and supportive of housing 
12production, including missing middle housing. This Act 
13establishes statewide model impact-fee formulas and 
14demographic multipliers and requires municipal use of these 
15formulas when imposing impact fees on residential development.
16    (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, 
19or placement of new housing units, including single-family 
20homes, multifamily dwellings, and middle housing.
21    "Standardized impact mitigation fee" means a fee 
22calculated using the formulas established under this Division 
23to mitigate the measurable impacts of residential development.
24    (65 ILCS 5/11-12.2-10 new)
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1    Sec. 11-12.2-10. Applicability.
2    (a) The formulas established in this Division apply only 
3to municipalities authorized to levy impact fees.
4    (b) Municipalities may not impose impact fees based on any 
5methodology other than the formulas in this Division, unless 
6expressly allowed in Section 11-12.2-40.
7    (c) Municipalities may adopt fees lower than the 
8formula-derived levels but may not exceed formula-based 
9maximums.
10    (d) Nothing in this Division confers new authority upon 
11non-home rule municipalities.
12    (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 
15calculate fees using the statewide formula structure issued by 
16the Department of Commerce and Economic Opportunity, which 
17shall 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 
24components under Section 11-12.2-20, including:
25        (1) standardized demand multipliers;
		HB5626	- 6 -	LRB104 20877 RTM 34540 b
1        (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 
6worksheet or digital calculator to generate their fee 
7schedules. No alternative calculation method may be used.
8    (d) Middle housing must receive fee adjustments based on 
9State-established multipliers that reflect lower average 
10household size and lower per-unit service demand.
11    (65 ILCS 5/11-12.2-20 new)
12    Sec. 11-12.2-20. State-issued formula components. The 
13Department of Commerce and Economic Opportunity shall issue, 
14update annually, and make publicly available the following 
15mandatory information to be used in the calculation of 
16standardized 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            (C) peak-hour trip generation;
22            (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 
		HB5626	- 7 -	LRB104 20877 RTM 34540 b
1    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            (C) capacity expansion costs.
11        (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            (C) documented higher-cost construction market 
25        adjustments; and
26            (D) middle-housing elasticity adjustments.
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1        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            (C) formula structure;
11            (D) exemptions;
12            (E) reporting;
13            (F) annual fee recalibration process; and
14            (G) appeal procedures conforming to constitutional 
15        nexus standards.
16    (65 ILCS 5/11-12.2-30 new)
17    Sec. 11-12.2-30. Public fee schedule.
18    (a) Each municipality authorized to levy impact fees must, 
19before 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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1imposed.
2    (65 ILCS 5/11-12.2-40 new)
3    Sec. 11-12.2-40. Interaction with land dedication 
4requirements.
5    (a) If the laws of this State authorize land dedication or 
6fees instead of land dedication, then a standardized impact 
7mitigation fee is a fee instead of land dedication unless a 
8municipal ordinance expressly requires both a fee and land 
9dedication.
10    (b) A pre-existing land dedication requirement may 
11continue 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    (c) Any land dedication requirement without a cash 
17alternative is superseded.
18    (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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1    (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.
8    (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 
11annually report to the Department of Commerce and Economic 
12Opportunity:
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 
19shall publish online the reports that municipalities submit 
20under subsection (a).
21    (65 ILCS 5/11-12.2-55 new)
22    Sec. 11-12.2-55. Rulemaking.
23    (a) The Department of Commerce and Economic Opportunity 
24shall adopt rules necessary to implement this Division, 
		HB5626	- 11 -	LRB104 20877 RTM 34540 b
1including:
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 
9shall update multipliers, capital cost tables, and worksheets 
10no less frequently than once every 12 months.
11    (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 
14shall adopt initial formulas, multipliers, worksheets, and the 
15model ordinance required under this Division no later than 18 
16months after the effective date of this amendatory Act of the 
17104th General Assembly.
18    (b) A municipality authorized to levy impact fees shall 
19adopt the model ordinance and fee schedule consistent with 
20this Division no later than 12 months after the Department of 
21Commerce and Economic Opportunity adopts the initial formulas 
22and model ordinance.
23    (c) Until a municipality adopts the model ordinance 
24required under this Division, it may continue to impose impact 
25fees under its existing ordinances.
		HB5626	- 12 -	LRB104 20877 RTM 34540 b
1    (d) Beginning 30 months after the effective date of this 
2amendatory Act of the 104th General Assembly, any impact fee 
3imposed on residential development must be calculated in 
4accordance with this Division and rules adopted under this 
5Division.
6    (e) An application for residential development that is 
7complete under the laws of the municipality before the 
8municipality adopts the model ordinance shall be subject to 
9the impact fee requirements in effect at the time the 
10application was deemed complete.
11    (f) Nothing in this Division shall be construed to 
12authorize municipality to levy impact fees if it lacked the 
13authority to prior to levy impact fees the effective date of 
14this amendatory Act of the 104th General Assembly.
15    (65 ILCS 5/11-12.2-65 new)
16    Sec. 11-12.2-65. Home rule preemption. A home rule unit 
17may not regulate plan reviews or building inspections in a 
18manner inconsistent with this Division. This Division is a 
19limitation under subsection (i) of Section 6 of Article VII of 
20the Illinois Constitution on the concurrent exercise by home 
21rule units of powers and functions exercised by the State.
22    (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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1means a residential living unit that is located on a lot 
2containing a single-family dwelling that provides independent 
3living facilities for one or more persons, including 
4provisions for sleeping, eating, cooking, and sanitation, on 
5the same parcel of land as the principal dwelling unit it 
6accompanies. "Accessory dwelling unit" includes a structure 
7that is (i) separate from the primary dwelling unit or (ii) 
8attached to the primary dwelling unit.
9    (b) Notwithstanding any law to the contrary, beginning 
10January 1, 2027, each municipality shall, by ordinance, 
11authorize the development of accessory dwelling units in 
12compliance 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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1        (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            (C) establish a minimum or maximum limit on (i) 
13        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 
16dwelling units in a manner inconsistent with this Section. 
17This Section is a limitation under subsection (i) of Section 6 
18of Article VII of the Illinois Constitution on the concurrent 
19exercise by home rule units of powers and functions exercised 
20by the State.
21    (65 ILCS 5/11-13-31 new)
22    Sec. 11-13-31. Automobile parking requirements for 
23residential developments.
24    (a) Beginning January 1, 2027, the corporate authorities 
25of a municipality shall not:
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1        (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            (C) assisted living establishments, as defined by 
11        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    (c) Nothing in this Section prevents a municipality from 
		HB5626	- 16 -	LRB104 20877 RTM 34540 b
1enacting or enforcing an ordinance or resolution that 
2establishes a maximum automobile parking requirement that is 
3more stringent than or equal to the automobile parking 
4requirements of this Section.
5    (d) Nothing in this Section prohibits a developer from 
6constructing additional automobile parking that is not 
7available to the public.
8    (e) A home rule unit may not regulate automobile parking 
9in a manner inconsistent with this Section. This Section is a 
10limitation under subsection (i) of Section 6 of Article VII of 
11the Illinois Constitution on the concurrent exercise by home 
12rule units of powers and functions exercised by the State.
13    (65 ILCS 5/Art. 11 Div. 13.1 heading new)
14Division 13.1.  MIDDLE HOUSING
15    (65 ILCS 5/11-13.1-1 new)
16    Sec. 11-13.1-1. Purpose. The purpose of this Division is 
17to expand housing choice, increase the supply of attainable 
18housing, and establish uniform statewide standards for middle 
19housing production while preserving reasonable, 
20non-exclusionary municipal design and siting authority.
21    (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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1housing consisting of 2 or more attached dwelling units 
2arranged to face a shared common courtyard, where each unit 
3has a primary entrance oriented toward the courtyard and the 
4courtyard provides pedestrian access, light, air, and shared 
5open space for the dwelling units.
6    "Clear and objective standard" means a standard that does 
7not require discretionary judgment in its interpretation or 
8application and that applies uniformly to all applicants.
9    "Common courtyard" means a landscaped or hardscaped area 
10accessible to multiple dwelling units that provides pedestrian 
11access and passive or active recreation.
12    "Cottage cluster" means a grouping of 3 or more detached 
13or semi-detached dwelling units on a shared lot or parcel, 
14arranged around common open space, and served by shared 
15pedestrian or vehicular access.
16    "Detached courtyard housing" means a form of middle 
17housing consisting of 2 or more detached dwelling units 
18located on a shared lot or parcel and arranged to face a shared 
19common courtyard, where each unit has a primary entrance 
20oriented toward the courtyard and the courtyard provides 
21pedestrian access, light, air, and shared open space for the 
22dwelling units.
23    "Discretionary review" means any land-use or development 
24approval that requires the exercise of subjective judgment by 
25a legislative body, planning commission, zoning board of 
26appeals, architectural review board, or similar body, 
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1including, but not limited to, special uses, conditional uses, 
2variances, planned unit developments, or non-objective design 
3review. "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 
21containing middle housing to allow fee-simple ownership of one 
22or more dwelling units consistent with Section 11-13.1-40.
23    "Pedestrian path" means a walkway connecting at least one 
24building entrance to a public or private street that complies 
25with the provisions of the Americans with Disabilities Act of 
261990 and its implementing regulations.
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1    "Public transit" means fixed-route bus, commuter rail, 
2light rail, rapid transit, or other publicly operated or 
3publicly subsidized transit with regularly scheduled service.
4    "Residential zoning district" means any municipal zoning 
5district in which detached single-family dwellings are a 
6permitted use.
7    "Stacked-flat plex" means a middle-housing building type 
8containing between 2 and 8 dwelling units, where units are 
9arranged in vertical tiers and accessed by shared or 
10individual entrances, and the overall building is designed to 
11be similar in scale and massing to a detached single-family 
12house.
13    (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 
16district in every municipality with zoning authority under 
17this Code.
18    (b) A municipality shall provide for at least one 
19residential zoning district in which detached single-family 
20dwellings are permitted on lots with an area of not more than 
212,500 square feet. A municipality may not require a minimum 
22lot area of more than 2,500 square feet for detached 
23single-family dwellings in any residential zoning district 
24that permits detached single-family dwellings.
25    (c) The following residential unit allowances are 
		HB5626	- 20 -	LRB104 20877 RTM 34540 b
1permitted on any lot located in a residential zoning district 
2that 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 
18that exceed the allowances established in this Section but may 
19not reduce them.
20    (e) For the first 8 months after the effective date of this 
21amendatory Act of the 104th General Assembly, municipalities 
22may continue to review middle-housing permit applications 
23under existing local standards. During this period, 
24municipalities may not adopt new standards that reduce the 
25minimum dwelling-unit entitlements set forth in subsection 
26(b). Beginning immediately after the 8-month period, any 
		HB5626	- 21 -	LRB104 20877 RTM 34540 b
1municipal ordinance that conflicts with subsection (b) is void 
2and unenforceable to the extent of the conflict. After the 
3transition 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 
14single-family dwellings shall also permit the dwelling unit 
15allowance required under this Section, regardless of zoning 
16classification or district name.
17    (65 ILCS 5/11-13.1-15 new)
18    Sec. 11-13.1-15. Conversion of existing residential 
19structures.
20    (a) A municipality must allow an existing principal 
21residential structure to be converted to any middle-housing 
22type up to the maximum units permitted under Section 
2311-13.1-10 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, 
		HB5626	- 22 -	LRB104 20877 RTM 34540 b
1    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 
5site-development standards that apply only to new 
6construction.
7    (65 ILCS 5/11-13.1-20 new)
8    Sec. 11-13.1-20. Local development and design standards.
9    (a) Municipal standards for bulk, lot area, yards, height, 
10automobile parking, density, floor-area ratio, lot coverage, 
11access, unit size, building separation, and design are 
12enforceable 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 
20bulk, lot area, yards, height, automobile parking, density, 
21floor-area ratio, lot coverage, access, unit size, building 
22separation, and design that:
23        (1) impose requirements on middle housing that are 
24    more restrictive than those applicable to detached 
25    single-family dwellings;
		HB5626	- 23 -	LRB104 20877 RTM 34540 b
1        (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.
13    (65 ILCS 5/11-13.1-25 new)
14    Sec. 11-13.1-25. Administrative processing. 
15Middle-housing applications that comply with clear and 
16objective 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 
22demolition review required under an adopted historic 
23preservation ordinance for a locally, State, or nationally 
24designated historic resource.
		HB5626	- 24 -	LRB104 20877 RTM 34540 b
1    (65 ILCS 5/11-13.1-30 new)
2    Sec. 11-13.1-30. Default clear and objective standards.
3    (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 
10standards under this Section apply in all residential zoning 
11districts in the municipality and the permit applications in 
12residential zoning districts within the municipality shall be 
13reviewed solely under this Division.
14    (b) A municipality's minimum setbacks for dwellings shall 
15not exceed 10 feet from the front of the dwelling; 5 feet from 
16either side of the dwelling; 10 feet from the rear of the 
17dwelling; or 10 feet from the corner of the corner-lot street. 
18Municipalities may not impose a maximum building height of 
19less than 35 feet. Any additional height reductions based on 
20building form, articulation, roof type, or architectural style 
21are invalid. The maximum lot-coverage limit shall not be less 
22than 70%. The maximum floor-area-ratio limit shall not be less 
23than 1.5. The minimum separation between structures on the 
24same lot shall not exceed 6 feet, except as required by the 
25State Fire Code.
26    (c) The maximum number of required automobile parking 
		HB5626	- 25 -	LRB104 20877 RTM 34540 b
1spaces is 0.5 spaces per multifamily dwelling unit. No 
2automobile parking may be required for any lot located within 
3one-half mile of public transit. Municipal automobile parking 
4design standards are limited to surfacing, emergency-access, 
5and drainage requirements under State law.
6    (d) Access to a dwelling via an alley or shared driveway 
7must be permitted. The municipality's maximum driveway widths 
8must not exceed (i) 10 feet for one-way access or (ii) 18 feet 
9for 2-way access. No minimum street-frontage applies if access 
10exists via an easement or alley. No more than one driveway may 
11be required per development.
12    (e) Design standards are applicable to all residential 
13development, including middle housing. Design standards are 
14limited 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 
		HB5626	- 26 -	LRB104 20877 RTM 34540 b
1following 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            (C) Automobile parking in cottage clusters may be 
9        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 
		HB5626	- 27 -	LRB104 20877 RTM 34540 b
1    life-safety codes. A building's existing nonconformities 
2    need not be corrected.
3    (g) Municipalities shall approve land subdivisions, 
4condo-alternatives, or attached-dwelling plats that enable 
5fee-simple ownership. Lot-size, dimension, and frontage 
6requirements shall not preclude the divisions. Shared areas 
7may be governed by easements, covenants, or owners' 
8associations.
9    (65 ILCS 5/11-13.1-35 new)
10    Sec. 11-13.1-35. Middle-housing land divisions. 
11Municipalities shall approve a middle-housing land division if 
12the 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 
24on minimum lot-size, density, or similar standards.
		HB5626	- 28 -	LRB104 20877 RTM 34540 b
1    (65 ILCS 5/11-13.1-40 new)
2    Sec. 11-13.1-40. Municipality requirements.
3    (a) Each municipality must amend its zoning ordinance to 
4conform to this Division within 8 months after the effective 
5date of this amendatory Act of the 104th General Assembly.
6    (b) If a municipality fails to adopt conforming amendments 
7within 8 months after the effective date of this amendatory 
8Act of the 104th General Assembly, then the default 
9clear-and-objective standards in Section 11-13.1-30 shall 
10automatically apply.
11    (c) Any municipal ordinance that conflicts with this 
12Division is void and unenforceable to the extent of the 
13conflict 8 months after the effective date of this amendatory 
14Act of the 104th General Assembly.
15    (d) During the first 8 months after the effective date of 
16this amendatory Act of the 104th General Assembly, 
17municipalities may continue to review middle-housing permit 
18applications under existing local standards. No municipality 
19may adopt new standards during this period that reduce the 
20minimum dwelling-unit entitlements in subsection (c) of 
21Section 11-13.1-10.
22    (e) Any person or entity aggrieved by a municipality's 
23action or inaction alleged to violate this Division may bring 
24an action for declaratory or injunctive relief in a court of 
25competent jurisdiction. If the court finds that a municipality 
26has violated this Division, then the court shall award 
		HB5626	- 29 -	LRB104 20877 RTM 34540 b
1reasonable attorney's fees and costs to the prevailing 
2plaintiff. Nothing in this subsection shall be construed to 
3limit any other remedies available at law or in equity.
4    (65 ILCS 5/11-13.1-45 new)
5    Sec. 11-13.1-45. Conflict. In case of any conflict between 
6the provisions of this Division and Division 11-13, the 
7provisions of this Division shall prevail and control.
8    (65 ILCS 5/11-13.1-50 new)
9    Sec. 11-13.1-50. Home rule. A home rule unit may not 
10regulate middle housing in a manner inconsistent with this 
11Division. This Division is a limitation under subsection (i) 
12of Section 6 of Article VII of the Illinois Constitution on the 
13concurrent exercise by home rule units of powers and functions 
14exercised by the State.
15    (65 ILCS 5/Art. 11 Div. 31.2 heading new)
16DIVISION 31.2.  BUILDING INSPECTIONS
17    (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 
		HB5626	- 30 -	LRB104 20877 RTM 34540 b
1    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 
17statewide third-party plan review and inspection framework, to 
18establish uniform municipal deadlines, and to ensure that all 
19applicants may obtain timely approvals necessary to advance 
20construction while maintaining public safety and building-code 
21standards.
22    (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, 
25Sunday, or State-recognized holiday.
		HB5626	- 31 -	LRB104 20877 RTM 34540 b
1    "Complete application" means an application that includes 
2all forms, fees, documents, site plans, and other materials 
3required 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.
19    (65 ILCS 5/11-31.2-5 new)
20    Sec. 11-31.2-5. Applicability. This Division applies to 
21all municipalities, including home-rule units.
22    (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 
		HB5626	- 32 -	LRB104 20877 RTM 34540 b
1within:
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 
9approval within the applicable deadline.
10    (c) For any subsequent review cycle after the applicant 
11submits revisions responding to comments, the municipality 
12shall complete review within 10 business days.
13    (d) Failure to meet any deadline under this Section 
14triggers the applicant's right to use a qualified third-party 
15plan reviewer under Section 11-31.2-20.
16    (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 
19within 2 business days after receipt of a request.
20    (b) Failure to conduct the inspection within the required 
21period triggers the applicant's right to use a qualified 
22third-party inspector under Section 11-31.2-25.
23    (65 ILCS 5/11-31.2-20 new)
24    Sec. 11-31.2-20. Use of qualified third-party plan 
		HB5626	- 33 -	LRB104 20877 RTM 34540 b
1reviewers upon missed deadline.
2    (a) If a municipality fails to complete its plan review 
3within the deadlines established under Section 11-31.2-10, 
4then the applicant may retain a qualified third-party plan 
5reviewer.
6    (b) A municipality shall accept any plan review submitted 
7by a qualified third-party plan reviewer as meeting the 
8municipality's requirements if the review demonstrates 
9compliance with the applicable building codes.
10    (c) A municipality shall issue the permit within 2 
11business days after receiving a compliant third-party plan 
12review.
13    (d) A municipality may not require a second review, impose 
14additional comments, or delay issuance once a qualified review 
15has been submitted, except as permitted under Section 
1611-31.2-30.
17    (65 ILCS 5/11-31.2-25 new)
18    Sec. 11-31.2-25. Use of qualified third-party inspectors 
19upon missed deadline.
20    (a) If a municipality fails to conduct a required 
21inspection within 2 business days, then the applicant may 
22retain a qualified third-party inspector.
23    (b) Municipalities shall accept inspection reports 
24submitted under this Section as satisfying local inspection 
25requirements if the report demonstrates compliance with the 
		HB5626	- 34 -	LRB104 20877 RTM 34540 b
1building code.
2    (c) A municipality shall issue any required approval, 
3certificate, or authorization within one business day after 
4receiving a compliant inspection report.
5    (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 
8third-party plan review or inspection for compliance with 
9applicable codes. Nothing in this Division limits a 
10municipality's authority to issue stop-work orders, withhold 
11certificates of occupancy, or pursue enforcement actions for 
12noncompliance.
13    (b) An audit may not delay issuance of a permit or 
14authorization submitted under Section 11-31.2-20 or 
1511-31.2-25.
16    (c) If a municipality identifies material noncompliance, 
17then it may pursue enforcement actions available under its 
18code authority and report the findings to the Department of 
19Financial and Professional Regulation or applicable 
20credentialing organization.
21    (d) A municipality may require reasonable documentation 
22demonstrating that a qualified third-party plan reviewer or 
23qualified third-party inspector meets the qualification 
24requirements of this Division, including proof that the 
25qualified third-party plan reviewer's or qualified third-party 
		HB5626	- 35 -	LRB104 20877 RTM 34540 b
1inspector's licensure or certification is current and active.
2    (e) Nothing in this Division shall be construed to 
3transfer liability for code compliance or construction defects 
4from the owner, design professional, or contractor.
5    (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 
8inspection fees for any portion of the review process or 
9inspection process performed by a qualified third-party plan 
10reviewer or qualified third-party inspector.
11    (b) Fees charged by a qualified third-party plan reviewer 
12may not exceed the municipality's standard fees for the same 
13service.
14    (c) A municipality shall reduce its fees proportionally 
15when an applicant uses third-party review for only one portion 
16of the process.
17    (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 
20plans 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
		HB5626	- 36 -	LRB104 20877 RTM 34540 b
1        (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 
6if the qualified third-party inspector, an employee of the 
7qualified third-party inspector, or qualified third-party 
8inspector'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 
14third-party inspector shall disclose any potential conflict of 
15interest to the applicant and the municipality before 
16accepting an engagement.
17    (65 ILCS 5/11-31.2-50 new)
18    Sec. 11-31.2-50. Home rule preemption. A home rule unit 
19may not regulate plan reviews or building inspections in a 
20manner inconsistent with this Division. This Division is a 
21limitation under subsection (i) of Section 6 of Article VII of 
22the Illinois Constitution on the concurrent exercise by home 
23rule units of powers and functions exercised by the State.
24    (65 ILCS 5/11-31.2-97 new)
		HB5626	- 37 -	LRB104 20877 RTM 34540 b
1    Sec. 11-31.2-97. Severability. The provisions of this 
2Division are severable under Section 1.31 of the Statute on 
3Statutes.
		HB5626	- 38 -	LRB104 20877 RTM 34540 b
1
  INDEX
2
  Statutes amended in order of appearance
3    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
		HB5626	- 39 -	LRB104 20877 RTM 34540 b
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