Illinois 2025-2026 Regular Session

Illinois House Bill HB3552 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3552 Introduced , by Rep. Kam Buckner SYNOPSIS AS INTRODUCED: New Act Creates the Local Accessory Dwelling Unit Act. Provides that a unit of local government may not prohibit the building or usage of accessory dwelling units in the unit of local government. Provides that a unit of local government may provide reasonable regulations relating to the size and location of accessory dwelling units similar to other accessory structures unless a regulation would have the effect of prohibiting accessory dwelling units. Provides that, for the purposes of the Act, a regulation is considered to have the effect of prohibiting an accessory dwelling unit if it: (1) explicitly disallows the construction of accessory dwelling units; (2) imposes fees other than building permit review; (3) applies standards that would render such units inconsistent with other local land use laws; (4) imposes design, bulk, and density standards that would physically preclude the project; (5) requires off-street parking spaces; or (6) requires corrections of nonconformities of the principal dwelling unit. Provides that that a unit of local government shall approve or deny an application for a permit to create or serve an accessory dwelling unit by right and without discretionary review. Requires the unit of local government to either approve or deny the application to create or serve an accessory dwelling unit within 60 days from the date the unit of local government receives a completed application if there is an existing single-family or multi-family dwelling on the lot. Provides that, if the unit of local government has not approved or denied the completed application within 60 days, then the application shall be deemed approved unless the Act provides for additional time. Provides that, if a unit of local government denies an application for an accessory dwelling unit, then the unit of local government shall return a full set of comments to the applicant in writing with a list of items that are defective or deficient and a description of how the application can be remedied by the applicant. Provides that a unit of local government shall not deny an application for a permit to create an accessory dwelling unit due to the correction of nonconforming zoning conditions, building code violations, or unpermitted structures that do not present a threat to public health and safety and are not affected by the construction of the accessory dwelling unit. Defines terms. Limits home rule powers. LRB104 11169 RTM 21251 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3552 Introduced , by Rep. Kam Buckner SYNOPSIS AS INTRODUCED: New Act New Act Creates the Local Accessory Dwelling Unit Act. Provides that a unit of local government may not prohibit the building or usage of accessory dwelling units in the unit of local government. Provides that a unit of local government may provide reasonable regulations relating to the size and location of accessory dwelling units similar to other accessory structures unless a regulation would have the effect of prohibiting accessory dwelling units. Provides that, for the purposes of the Act, a regulation is considered to have the effect of prohibiting an accessory dwelling unit if it: (1) explicitly disallows the construction of accessory dwelling units; (2) imposes fees other than building permit review; (3) applies standards that would render such units inconsistent with other local land use laws; (4) imposes design, bulk, and density standards that would physically preclude the project; (5) requires off-street parking spaces; or (6) requires corrections of nonconformities of the principal dwelling unit. Provides that that a unit of local government shall approve or deny an application for a permit to create or serve an accessory dwelling unit by right and without discretionary review. Requires the unit of local government to either approve or deny the application to create or serve an accessory dwelling unit within 60 days from the date the unit of local government receives a completed application if there is an existing single-family or multi-family dwelling on the lot. Provides that, if the unit of local government has not approved or denied the completed application within 60 days, then the application shall be deemed approved unless the Act provides for additional time. Provides that, if a unit of local government denies an application for an accessory dwelling unit, then the unit of local government shall return a full set of comments to the applicant in writing with a list of items that are defective or deficient and a description of how the application can be remedied by the applicant. Provides that a unit of local government shall not deny an application for a permit to create an accessory dwelling unit due to the correction of nonconforming zoning conditions, building code violations, or unpermitted structures that do not present a threat to public health and safety and are not affected by the construction of the accessory dwelling unit. Defines terms. Limits home rule powers. LRB104 11169 RTM 21251 b LRB104 11169 RTM 21251 b A BILL FOR
2	2	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3552 Introduced , by Rep. Kam Buckner SYNOPSIS AS INTRODUCED:
3	3	New Act New Act
4	4	New Act
5	5	Creates the Local Accessory Dwelling Unit Act. Provides that a unit of local government may not prohibit the building or usage of accessory dwelling units in the unit of local government. Provides that a unit of local government may provide reasonable regulations relating to the size and location of accessory dwelling units similar to other accessory structures unless a regulation would have the effect of prohibiting accessory dwelling units. Provides that, for the purposes of the Act, a regulation is considered to have the effect of prohibiting an accessory dwelling unit if it: (1) explicitly disallows the construction of accessory dwelling units; (2) imposes fees other than building permit review; (3) applies standards that would render such units inconsistent with other local land use laws; (4) imposes design, bulk, and density standards that would physically preclude the project; (5) requires off-street parking spaces; or (6) requires corrections of nonconformities of the principal dwelling unit. Provides that that a unit of local government shall approve or deny an application for a permit to create or serve an accessory dwelling unit by right and without discretionary review. Requires the unit of local government to either approve or deny the application to create or serve an accessory dwelling unit within 60 days from the date the unit of local government receives a completed application if there is an existing single-family or multi-family dwelling on the lot. Provides that, if the unit of local government has not approved or denied the completed application within 60 days, then the application shall be deemed approved unless the Act provides for additional time. Provides that, if a unit of local government denies an application for an accessory dwelling unit, then the unit of local government shall return a full set of comments to the applicant in writing with a list of items that are defective or deficient and a description of how the application can be remedied by the applicant. Provides that a unit of local government shall not deny an application for a permit to create an accessory dwelling unit due to the correction of nonconforming zoning conditions, building code violations, or unpermitted structures that do not present a threat to public health and safety and are not affected by the construction of the accessory dwelling unit. Defines terms. Limits home rule powers.
6	6	LRB104 11169 RTM 21251 b LRB104 11169 RTM 21251 b
7	7	LRB104 11169 RTM 21251 b
8	8	A BILL FOR
9	9	HB3552LRB104 11169 RTM 21251 b HB3552 LRB104 11169 RTM 21251 b
10	10	HB3552 LRB104 11169 RTM 21251 b
11	11	1 AN ACT concerning local government.
12	12	2 Be it enacted by the People of the State of Illinois,
13	13	3 represented in the General Assembly:
14	14	4 Section 1. Short title. This Act may be cited as the Local
15	15	5 Accessory Dwelling Unit Act.
16	16	6 Section 5. Definitions. As used in this Act:
17	17	7 "Accessory dwelling unit" means an attached or a detached
18	18	8 residential dwelling unit that provides complete independent
19	19	9 living facilities for one or more persons and is located on a
20	20	10 lot with a proposed or existing principal residence and must
21	21	11 include permanent provisions for living, sleeping, eating,
22	22	12 cooking, and sanitation on the same parcel as the
23	23	13 single-family or multi-family dwelling it is or will be
24	24	14 situated. "Accessory dwelling unit" includes, but is not
25	25	15 limited to:
26	26	16 (1) an efficiency unit; and
27	27	17 (2) a manufactured home, as that term is defined in
28	28	18 paragraph (53) of subsection (a) of Section 9-102 of the
29	29	19 Uniform Commercial Code.
30	30	20 "Discretionary review" means review of a housing proposal
31	31	21 or building permit application by a government official or
32	32	22 governing body which involves personal judgment by any public
33	33	23 officials and involves any criteria other than whether a
34	34
35	35
36	36
37	37	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3552 Introduced , by Rep. Kam Buckner SYNOPSIS AS INTRODUCED:
38	38	New Act New Act
39	39	New Act
40	40	Creates the Local Accessory Dwelling Unit Act. Provides that a unit of local government may not prohibit the building or usage of accessory dwelling units in the unit of local government. Provides that a unit of local government may provide reasonable regulations relating to the size and location of accessory dwelling units similar to other accessory structures unless a regulation would have the effect of prohibiting accessory dwelling units. Provides that, for the purposes of the Act, a regulation is considered to have the effect of prohibiting an accessory dwelling unit if it: (1) explicitly disallows the construction of accessory dwelling units; (2) imposes fees other than building permit review; (3) applies standards that would render such units inconsistent with other local land use laws; (4) imposes design, bulk, and density standards that would physically preclude the project; (5) requires off-street parking spaces; or (6) requires corrections of nonconformities of the principal dwelling unit. Provides that that a unit of local government shall approve or deny an application for a permit to create or serve an accessory dwelling unit by right and without discretionary review. Requires the unit of local government to either approve or deny the application to create or serve an accessory dwelling unit within 60 days from the date the unit of local government receives a completed application if there is an existing single-family or multi-family dwelling on the lot. Provides that, if the unit of local government has not approved or denied the completed application within 60 days, then the application shall be deemed approved unless the Act provides for additional time. Provides that, if a unit of local government denies an application for an accessory dwelling unit, then the unit of local government shall return a full set of comments to the applicant in writing with a list of items that are defective or deficient and a description of how the application can be remedied by the applicant. Provides that a unit of local government shall not deny an application for a permit to create an accessory dwelling unit due to the correction of nonconforming zoning conditions, building code violations, or unpermitted structures that do not present a threat to public health and safety and are not affected by the construction of the accessory dwelling unit. Defines terms. Limits home rule powers.
41	41	LRB104 11169 RTM 21251 b LRB104 11169 RTM 21251 b
42	42	LRB104 11169 RTM 21251 b
43	43	A BILL FOR
44	44
45	45
46	46
47	47
48	48
49	49	New Act
50	50
51	51
52	52
53	53	LRB104 11169 RTM 21251 b
54	54
55	55
56	56
57	57
58	58
59	59
60	60
61	61
62	62
63	63	HB3552 LRB104 11169 RTM 21251 b
64	64
65	65
66	66	HB3552- 2 -LRB104 11169 RTM 21251 b HB3552 - 2 - LRB104 11169 RTM 21251 b
67	67	HB3552 - 2 - LRB104 11169 RTM 21251 b
68	68	1 proposal meets pre-existing building codes or design
69	69	2 standards.
70	70	3 "Efficiency unit" means a unit for occupancy by no more
71	71	4 than 2 persons which has a minimum floor area of 150 square
72	72	5 feet and may also have a partial kitchen or bathroom
73	73	6 facilities.
74	74	7 "Multi-family dwelling" means any improved real property
75	75	8 used or intended to be used as a residence and that contains
76	76	9 more than one dwelling unit. "Multi-family dwelling" includes,
77	77	10 but is not limited to, a condominium or cooperative, and
78	78	11 single room occupancy housing developments.
79	79	12 "Off-street parking" means parking facilities for the
80	80	13 parking of motor vehicles off the public streets. "Off-street
81	81	14 parking" includes:
82	82	15 (1) graded, regraded, graveled, oiled, surfaced,
83	83	16 macadamized, paved, curbed, guttered, and drained sites
84	84	17 used for parking motor vehicles off the public streets;
85	85	18 (2) driveways, ramps, structures, buildings,
86	86	19 elevators, and traffic control equipment used for parking
87	87	20 motor vehicles off the public streets; and
88	88	21 (3) all appurtenances and incidentals necessary,
89	89	22 useful, or desirable for parking motor vehicles off the
90	90	23 public streets.
91	91	24 "Principal dwelling unit" means an existing or proposed
92	92	25 single-family dwelling or multi-family dwelling that is
93	93	26 located on the lot where the accessory dwelling unit will be
94	94
95	95
96	96
97	97
98	98
99	99	HB3552 - 2 - LRB104 11169 RTM 21251 b
100	100
101	101
102	102	HB3552- 3 -LRB104 11169 RTM 21251 b HB3552 - 3 - LRB104 11169 RTM 21251 b
103	103	HB3552 - 3 - LRB104 11169 RTM 21251 b
104	104	1 constructed or converted.
105	105	2 "Single-family dwelling" means a residential building
106	106	3 structure that is designed and used as a single unit of
107	107	4 residential occupancy, housing one family, with direct access
108	108	5 to the outside, and providing complete, independent living
109	109	6 facilities including provisions for living, sleeping, eating,
110	110	7 cooking, and sanitation.
111	111	8 Section 10. Regulation of accessory dwelling units.
112	112	9 (a) A unit of local government may not prohibit the
113	113	10 building or usage of accessory dwelling units in the unit of
114	114	11 local government.
115	115	12 (b) A unit of local government may provide reasonable
116	116	13 regulations relating to the size and location of accessory
117	117	14 dwelling units similar to other accessory structures unless a
118	118	15 regulation would have the effect of prohibiting accessory
119	119	16 dwelling units of at least 1,200 square feet.
120	120	17 (c) For the purposes of this Act, a regulation is
121	121	18 considered to have the effect of prohibiting an accessory
122	122	19 dwelling unit if it:
123	123	20 (1) explicitly disallows the construction of accessory
124	124	21 dwelling units;
125	125	22 (2) contain fees other than building permit review
126	126	23 fees;
127	127	24 (3) applies standards that would render such units
128	128	25 inconsistent with other local land use laws;
129	129
130	130
131	131
132	132
133	133
134	134	HB3552 - 3 - LRB104 11169 RTM 21251 b
135	135
136	136
137	137	HB3552- 4 -LRB104 11169 RTM 21251 b HB3552 - 4 - LRB104 11169 RTM 21251 b
138	138	HB3552 - 4 - LRB104 11169 RTM 21251 b
139	139	1 (4) imposes design, bulk, and density standards that
140	140	2 would physically preclude the project;
141	141	3 (5) requires off-street parking spaces; or
142	142	4 (6) requires corrections of nonconformities of the
143	143	5 principal dwelling unit.
144	144	6 Section 15. Applications to create or serve accessory
145	145	7 dwelling units.
146	146	8 (a) When a unit of local government that has not adopted an
147	147	9 ordinance governing accessory dwelling units receives an
148	148	10 application for a permit to create or serve an accessory
149	149	11 dwelling unit, the unit of local government shall approve or
150	150	12 disapprove the application by right and without discretionary
151	151	13 review. The unit of local government shall either approve or
152	152	14 deny the application to create or serve an accessory dwelling
153	153	15 unit within 60 days from the date the unit of local government
154	154	16 receives a completed application if there is an existing
155	155	17 single-family or multi-family dwelling on the lot. If the
156	156	18 permit application to create or serve an accessory dwelling
157	157	19 unit is submitted with a permit application to create or serve
158	158	20 a new single-family or multi-family dwelling on the lot, then
159	159	21 the unit of local government may delay approving or denying
160	160	22 the permit application for the accessory dwelling unit until
161	161	23 the unit of local government approves or denies the permit
162	162	24 application to create or serve the new single-family dwelling
163	163	25 or multi-family dwelling, but the application to create or
164	164
165	165
166	166
167	167
168	168
169	169	HB3552 - 4 - LRB104 11169 RTM 21251 b
170	170
171	171
172	172	HB3552- 5 -LRB104 11169 RTM 21251 b HB3552 - 5 - LRB104 11169 RTM 21251 b
173	173	HB3552 - 5 - LRB104 11169 RTM 21251 b
174	174	1 serve the accessory dwelling unit shall still be considered by
175	175	2 right and without discretionary review or a hearing. If the
176	176	3 applicant requests a delay, the 60-day time period shall be
177	177	4 tolled for the period of the delay. If the unit of local
178	178	5 government has not approved or denied the completed
179	179	6 application within 60 days, then the application shall be
180	180	7 deemed approved.
181	181	8 (b) If a unit of local government denies an application
182	182	9 for an accessory dwelling unit under subsection (a), then the
183	183	10 unit of local government shall, within the time period
184	184	11 described in subsection (a), return a full set of comments to
185	185	12 the applicant in writing with a list of items that are
186	186	13 defective or deficient and a description of how the
187	187	14 application can be remedied by the applicant.
188	188	15 (c) The unit of local government shall not deny an
189	189	16 application for a permit to create an accessory dwelling unit
190	190	17 due to the correction of nonconforming zoning conditions,
191	191	18 building code violations, or unpermitted structures that do
192	192	19 not present a threat to public health and safety and are not
193	193	20 affected by the construction of the accessory dwelling unit.
194	194	21 Section 20. Home rule. A home rule unit may not regulate
195	195	22 accessory dwelling units in a manner inconsistent with this
196	196	23 Act. This Act is a limitation under subsection (i) of Section 6
197	197	24 of Article VII of the Illinois Constitution on the concurrent
198	198	25 exercise by home rule units of powers and functions exercised
199	199
200	200
201	201
202	202
203	203
204	204	HB3552 - 5 - LRB104 11169 RTM 21251 b
205	205
206	206
207	207	HB3552- 6 -LRB104 11169 RTM 21251 b HB3552 - 6 - LRB104 11169 RTM 21251 b
208	208	HB3552 - 6 - LRB104 11169 RTM 21251 b
209	209
210	210
211	211
212	212
213	213
214	214	HB3552 - 6 - LRB104 11169 RTM 21251 b