Bill Text: IL HB4839 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Creates the Protecting Illinois Native Landscapes Act. Provides that a unit of local government may not enact or enforce an ordinance or resolution that prohibits or unreasonably restricts an owner, authorized agent, or authorized occupant of privately owned residential land or a premises from allowing Illinois native species to voluntarily grow within the landscape or to install and maintain Illinois native species within a managed native landscape. Provides that native landscaping that may not be prohibited includes small or large areas of native landscaping in the front, back, or side yard or in areas that do not fit a standard definition of yard, such as areas on farms, rural properties, corporate campuses, school campuses, and large estates. Excludes from the scope of the Act an ordinance or resolution of a unit of local government that prohibits plants, trees, or other landscaping from interfering with public transportation, vehicular traffic, or driveway or entrance road sight lines or from crossing sidewalks or property boundaries. Limits the concurrent exercise of home rule powers.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Introduced) 2024-04-05 - Rule 19(a) / Re-referred to Rules Committee [HB4839 Detail]

Download: Illinois-2023-HB4839-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4839 Introduced , by Rep. Laura Faver Dias SYNOPSIS AS INTRODUCED:
New Act
Creates the Protecting Illinois Native Landscapes Act. Provides that a unit of local government may not enact or enforce an ordinance or resolution that prohibits or unreasonably restricts an owner, authorized agent, or authorized occupant of privately owned residential land or a premises from allowing Illinois native species to voluntarily grow within the landscape or to install and maintain Illinois native species within a managed native landscape. Provides that native landscaping that may not be prohibited includes small or large areas of native landscaping in the front, back, or side yard or in areas that do not fit a standard definition of yard, such as areas on farms, rural properties, corporate campuses, school campuses, and large estates. Excludes from the scope of the Act an ordinance or resolution of a unit of local government that prohibits plants, trees, or other landscaping from interfering with public transportation, vehicular traffic, or driveway or entrance road sight lines or from crossing sidewalks or property boundaries. Limits the concurrent exercise of home rule powers.
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A BILL FOR
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AN ACT concerning local government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. Short title. This Act may be cited as the
Protecting Illinois Native Landscapes Act.
Section 5. Definitions. As used in this Act:
"Illinois native species" means trees, shrubs, vines,
ferns, flowers, forbs, sedges, grasses, and other plants
growing in the State of Illinois prior to European settlement
or as otherwise defined by rule of the Department of Natural
Resources.
"Native landscape" means an intentionally maintained area
of grasses, wildflowers, forbs, ferns, shrubs, or trees
comprised primarily of Illinois native species as verified by
a unit of local government or by a nonprofit land trust that is
nationally accredited by the Land Trust Alliance. "Native
landscape" includes Illinois native species that are in excess
of 8 inches in height and have gone to seed. "Native landscape"
does not include exotic or noxious weeds regulated under the
Illinois Noxious Weed Law, the Illinois Exotic Weed Act, or an
ordinance or resolution of a unit of local government.
Section 10. Regulations restricting Illinois native

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species.
(a) A unit of local government may not enact or enforce an
ordinance or resolution that prohibits or unreasonably
restricts an owner, authorized agent, or authorized occupant
of privately owned residential land or a premises from
allowing Illinois native species to voluntarily grow within
the landscape or to install and maintain Illinois native
species within a managed native landscape.
(b) Native landscaping that may not be prohibited include
small or large areas of native landscaping in the front, back,
or side yard or in areas that do not fit a standard definition
of yard, such as areas on farms, rural properties, corporate
campuses, school campuses, and large estates.
Section 15. Exceptions. This Act does not apply to an
ordinance or resolution of a unit of local government that
prohibits plants, trees, or other landscaping from interfering
with public transportation, vehicular traffic, or driveway or
entrance road sight lines or from crossing sidewalks or
property boundaries.
Section 20. Home rule. A home rule unit may not regulate
Illinois native species and native landscapes in a manner
inconsistent with this Act. This Act is a limitation under
subsection (i) of Section 6 of Article VII of the Illinois
Constitution on the concurrent exercise by home rule units of

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