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
104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026 HB3552 Introduced , by Rep. Kam Buckner SYNOPSIS AS INTRODUCED:
New Act 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.
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A BILL FOR
HB3552LRB104 11169 RTM 21251 b HB3552 LRB104 11169 RTM 21251 b
HB3552 LRB104 11169 RTM 21251 b
1 AN ACT concerning local government.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 1. Short title. This Act may be cited as the Local
5 Accessory Dwelling Unit Act.
6 Section 5. Definitions. As used in this Act:
7 "Accessory dwelling unit" means an attached or a detached
8 residential dwelling unit that provides complete independent
9 living facilities for one or more persons and is located on a
10 lot with a proposed or existing principal residence and must
11 include permanent provisions for living, sleeping, eating,
12 cooking, and sanitation on the same parcel as the
13 single-family or multi-family dwelling it is or will be
14 situated. "Accessory dwelling unit" includes, but is not
15 limited to:
16 (1) an efficiency unit; and
17 (2) a manufactured home, as that term is defined in
18 paragraph (53) of subsection (a) of Section 9-102 of the
19 Uniform Commercial Code.
20 "Discretionary review" means review of a housing proposal
21 or building permit application by a government official or
22 governing body which involves personal judgment by any public
23 officials and involves any criteria other than whether a
104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026 HB3552 Introduced , by Rep. Kam Buckner SYNOPSIS AS INTRODUCED:
New Act 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
LRB104 11169 RTM 21251 b
A BILL FOR
New Act
LRB104 11169 RTM 21251 b
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1 proposal meets pre-existing building codes or design
2 standards.
3 "Efficiency unit" means a unit for occupancy by no more
4 than 2 persons which has a minimum floor area of 150 square
5 feet and may also have a partial kitchen or bathroom
6 facilities.
7 "Multi-family dwelling" means any improved real property
8 used or intended to be used as a residence and that contains
9 more than one dwelling unit. "Multi-family dwelling" includes,
10 but is not limited to, a condominium or cooperative, and
11 single room occupancy housing developments.
12 "Off-street parking" means parking facilities for the
13 parking of motor vehicles off the public streets. "Off-street
14 parking" includes:
15 (1) graded, regraded, graveled, oiled, surfaced,
16 macadamized, paved, curbed, guttered, and drained sites
17 used for parking motor vehicles off the public streets;
18 (2) driveways, ramps, structures, buildings,
19 elevators, and traffic control equipment used for parking
20 motor vehicles off the public streets; and
21 (3) all appurtenances and incidentals necessary,
22 useful, or desirable for parking motor vehicles off the
23 public streets.
24 "Principal dwelling unit" means an existing or proposed
25 single-family dwelling or multi-family dwelling that is
26 located on the lot where the accessory dwelling unit will be
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1 constructed or converted.
2 "Single-family dwelling" means a residential building
3 structure that is designed and used as a single unit of
4 residential occupancy, housing one family, with direct access
5 to the outside, and providing complete, independent living
6 facilities including provisions for living, sleeping, eating,
7 cooking, and sanitation.
8 Section 10. Regulation of accessory dwelling units.
9 (a) A unit of local government may not prohibit the
10 building or usage of accessory dwelling units in the unit of
11 local government.
12 (b) A unit of local government may provide reasonable
13 regulations relating to the size and location of accessory
14 dwelling units similar to other accessory structures unless a
15 regulation would have the effect of prohibiting accessory
16 dwelling units of at least 1,200 square feet.
17 (c) For the purposes of this Act, a regulation is
18 considered to have the effect of prohibiting an accessory
19 dwelling unit if it:
20 (1) explicitly disallows the construction of accessory
21 dwelling units;
22 (2) contain fees other than building permit review
23 fees;
24 (3) applies standards that would render such units
25 inconsistent with other local land use laws;
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1 (4) imposes design, bulk, and density standards that
2 would physically preclude the project;
3 (5) requires off-street parking spaces; or
4 (6) requires corrections of nonconformities of the
5 principal dwelling unit.
6 Section 15. Applications to create or serve accessory
7 dwelling units.
8 (a) When a unit of local government that has not adopted an
9 ordinance governing accessory dwelling units receives an
10 application for a permit to create or serve an accessory
11 dwelling unit, the unit of local government shall approve or
12 disapprove the application by right and without discretionary
13 review. The unit of local government shall either approve or
14 deny the application to create or serve an accessory dwelling
15 unit within 60 days from the date the unit of local government
16 receives a completed application if there is an existing
17 single-family or multi-family dwelling on the lot. If the
18 permit application to create or serve an accessory dwelling
19 unit is submitted with a permit application to create or serve
20 a new single-family or multi-family dwelling on the lot, then
21 the unit of local government may delay approving or denying
22 the permit application for the accessory dwelling unit until
23 the unit of local government approves or denies the permit
24 application to create or serve the new single-family dwelling
25 or multi-family dwelling, but the application to create or
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1 serve the accessory dwelling unit shall still be considered by
2 right and without discretionary review or a hearing. If the
3 applicant requests a delay, the 60-day time period shall be
4 tolled for the period of the delay. If the unit of local
5 government has not approved or denied the completed
6 application within 60 days, then the application shall be
7 deemed approved.
8 (b) If a unit of local government denies an application
9 for an accessory dwelling unit under subsection (a), then the
10 unit of local government shall, within the time period
11 described in subsection (a), return a full set of comments to
12 the applicant in writing with a list of items that are
13 defective or deficient and a description of how the
14 application can be remedied by the applicant.
15 (c) The unit of local government shall not deny an
16 application for a permit to create an accessory dwelling unit
17 due to the correction of nonconforming zoning conditions,
18 building code violations, or unpermitted structures that do
19 not present a threat to public health and safety and are not
20 affected by the construction of the accessory dwelling unit.
21 Section 20. Home rule. A home rule unit may not regulate
22 accessory dwelling units in a manner inconsistent with this
23 Act. This Act is a limitation under subsection (i) of Section 6
24 of Article VII of the Illinois Constitution on the concurrent
25 exercise by home rule units of powers and functions exercised
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