Bill Amendment: IL SB0640 | 2025-2026 | 104th General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

---

Bill Title: LOCAL GOVERNMENT-TECH

Status: 2026-06-01 - Rule 3-9(a) / Re-referred to Assignments [SB0640 Detail]

Download: Illinois-2025-SB0640-Senate_Amendment_001.html

---

Sen. Mattie Hunter

Filed: 5/21/2026

 

 

 

10400SB0640sam001 LRB104 06918 TRT 38144 a
AMENDMENT TO SENATE BILL 640
AMENDMENT NO. ______. Amend Senate Bill 640 by replacing
everything after the enacting clause with the following:
"Section 5. The Energy Efficient Building Act is amended
by changing Sections 20 and 55 as follows:
(20 ILCS 3125/20)
Sec. 20. Applicability.
(a) The Board shall review and adopt the Code within one
year after its publication. The Code shall take effect within
6 months after it is adopted by the Board, except that,
beginning January 1, 2012, the Code adopted in 2012 shall take
effect on January 1, 2013. Except as otherwise provided in
this Act, the Code shall apply to (i) any new building or
structure in this State for which a building permit
application is received by a municipality or county and (ii)
beginning on August 3, 2018 (the effective date of Public Act

10400SB0640sam001 - 2 - LRB104 06918 TRT 38144 a
100-729) this amendatory Act of the 100th General Assembly,
each State facility specified in Section 4.01 of the Capital
Development Board Act. In the case of any addition,
alteration, renovation, or repair to an existing residential
or commercial structure, the Code adopted under this Act
applies only to the portions of that structure that are being
added, altered, renovated, or repaired. The changes made to
this Section by Public Act 97-1033 this amendatory Act of the
97th General Assembly shall in no way invalidate or otherwise
affect contracts entered into on or before August 17, 2012
(the effective date of Public Act 97-1033) this amendatory Act
of the 97th General Assembly.
(b) The following buildings shall be exempt from the Code:
(1) Buildings otherwise exempt from the provisions of
a locally adopted building code and buildings that do not
contain a conditioned space.
(2) Buildings that do not use either electricity or
fossil fuel for comfort conditioning. For purposes of
determining whether this exemption applies, a building
will be presumed to be heated by electricity, even in the
absence of equipment used for electric comfort heating,
whenever the building is provided with electrical service
in excess of 100 amps, unless the code enforcement
official determines that this electrical service is
necessary for purposes other than providing electric
comfort heating.

10400SB0640sam001 - 3 - LRB104 06918 TRT 38144 a
(3) Historic buildings. This exemption shall apply to
those buildings that are listed on the National Register
of Historic Places or the Illinois Register of Historic
Places, and to those buildings that have been designated
as historically significant by a local governing body that
is authorized to make such designations.
(4) (Blank).
(5) Other buildings specified as exempt by the
International Energy Conservation Code.
(b-5) Notwithstanding any provision of the Illinois Energy
Conservation Code, residential developments consisting
exclusively of middle housing, as defined in Section 11-13.1-5
of the Illinois Municipal Code or Section 5-47005 of the
Counties Code as applicable, may, for the following Code
provisions only, in lieu of complying with the most current
Code adopted by the Board, elect to comply with the
International Code Council's 2021 International Energy
Conservation Code or any Code editions subsequently adopted by
the Board:
(1) Fenestration U-factor requirements, as set forth
in Section R402.1.2 and applicable tables of the Illinois
Energy Conservation Code, including windows and skylights;
(2) Exterior door U-factor requirements, as set forth
in Section R402.1.2 and applicable fenestration tables of
the Illinois Energy Conservation Code;
(3) Fenestration U-factor alternative compliance

10400SB0640sam001 - 4 - LRB104 06918 TRT 38144 a
provisions, including Section R402.1.3 where applicable;
(4) Basement insulation requirements, as set forth in
Section R402.2.8, but only with respect to unfinished and
unconditioned basement spaces; and
(5) Ceiling insulation requirements (attics), as set
forth in Section R402.1.2 of the Illinois Energy
Conservation Code.
Nothing in this subsection shall be construed to alter or
reduce minimum insulation requirements for other opaque
building assemblies, including exterior walls, roofs, floors,
and foundation or basement walls, except as expressly provided
above.
The Board may adopt rules establishing alternative
compliance standards, modifications, variances, or exemptions
from additional specific provisions of the Illinois Energy
Conservation Code where strict application of such provisions
would materially impede the development of attainable middle
housing.
(c) Additions, alterations, renovations, or repairs to an
existing building, building system, or portion thereof shall
conform to the provisions of the Code as they relate to new
construction without requiring the unaltered portion of the
existing building or building system to comply with the Code.
The following need not comply with the Code, provided that the
energy use of the building is not increased: (i) storm windows
installed over existing fenestration, (ii) glass-only

10400SB0640sam001 - 5 - LRB104 06918 TRT 38144 a
replacements in an existing sash and frame, (iii) existing
ceiling, wall, or floor cavities exposed during construction,
provided that these cavities are filled with insulation, and
(iv) construction where the existing roof, wall, or floor is
not exposed.
(d) A unit of local government that does not regulate
energy efficient building standards is not required to adopt,
enforce, or administer the Code; however, any energy efficient
building standards adopted by a unit of local government must
comply with this Act. If a unit of local government does not
regulate energy efficient building standards, any
construction, renovation, or addition to buildings or
structures is subject to the provisions contained in this Act.
(Source: P.A. 102-662, eff. 9-15-21.)
(20 ILCS 3125/55)
Sec. 55. Illinois Stretch Energy Code.
(a) The Board, in consultation with the Agency, shall
create and adopt the Illinois Stretch Energy Code, to allow
municipalities and projects authorized or funded by the Board
to achieve more energy efficiency in buildings than the
Illinois Energy Conservation Code through a consistent pathway
across the State. The Illinois Stretch Energy Code shall be
available for adoption by any municipality and shall set
minimum energy efficiency requirements, taking the place of
the Illinois Energy Conservation Code within any municipality

10400SB0640sam001 - 6 - LRB104 06918 TRT 38144 a
that adopts the Illinois Stretch Energy Code.
(b) The Illinois Stretch Energy Code shall have separate
components for commercial and residential buildings, which may
be adopted by the municipality jointly or separately.
(c) The Illinois Stretch Energy Code shall apply to all
projects to which an energy conservation code is applicable
that are authorized or funded in any part by the Board after
July 1, 2024.
(d) Development of the Illinois Stretch Energy Code shall
be completed and available for adoption by municipalities by
June 30, 2024.
(e) Consistent with the requirements under paragraph (2.5)
of subsection (g) of Section 8-103B of the Public Utilities
Act and under paragraph (2) of subsection (j) of Section 8-104
of the Public Utilities Act, municipalities may adopt the
Illinois Stretch Energy Code and may use utility programs to
support compliance with the Illinois Stretch Energy Code. The
amount of savings from such utility efforts that may be
counted toward achievement of their annual savings goals shall
be based on reasonable estimates of the increase in savings
resulting from the utility efforts, relative to reasonable
approximations of what would have occurred absent the utility
involvement.
(f) The Illinois Stretch Energy Code's residential
components shall:
(1) apply to residential buildings as defined under

10400SB0640sam001 - 7 - LRB104 06918 TRT 38144 a
Section 10, with the exception of middle housing, as
defined in Section 11-13.1-5 of the Illinois Municipal
Code or Section 5-47005 of the Counties Code, as
applicable;
(2) set performance targets using a site energy index
with reductions relative to the 2006 International Energy
Conservation Code; and
(3) include stretch energy codes with site energy
index standards and adoption dates as follows: by no later
than June 30, 2024, the Board shall create and adopt a
stretch energy code with a site energy index no greater
than 0.50 of the 2006 International Energy Conservation
Code; by no later than December 31, 2026, the Board shall
create and adopt a stretch energy code with a site energy
index no greater than 0.40 of the 2006 International
Energy Conservation Code, unless the Board identifies
unanticipated burdens associated with the stretch energy
code adopted in 2023 or 2024, in which case the Board may
adopt a stretch energy code with a site energy index no
greater than 0.42 of the 2006 International Energy
Conservation Code, provided that the more relaxed standard
has a site energy index that is at least 0.05 more
restrictive than the 2024 International Energy
Conservation Code; by no later than December 31, 2029, the
Board shall create and adopt a stretch energy code with a
site energy index no greater than 0.33 of the 2006

10400SB0640sam001 - 8 - LRB104 06918 TRT 38144 a
International Energy Conservation Code, unless the Board
identifies unanticipated burdens associated with the
stretch energy code adopted in 2025, in which case the
Board may adopt a stretch energy code with a site energy
index no greater than 0.35 of the 2006 International
Energy Conservation Code, but only if that more relaxed
standard has a site energy index that is at least 0.05 more
restrictive than the 2027 International Energy
Conservation Code; and by no later than December 31, 2032,
the Board shall create and adopt a stretch energy code
with a site energy index no greater than 0.25 of the 2006
International Energy Conservation Code.
(g) The Illinois Stretch Energy Code's commercial
components shall:
(1) apply to commercial buildings as defined under
Section 10;
(2) set performance targets using a site energy index
with reductions relative to the 2006 International Energy
Conservation Code; and
(3) include stretch energy codes with site energy
index standards and adoption dates as follows: by no later
than June 30, 2024, the Board shall create and adopt a
stretch energy code with a site energy index no greater
than 0.60 of the 2006 International Energy Conservation
Code; by no later than December 31, 2026, the Board shall
create and adopt a stretch energy code with a site energy

10400SB0640sam001 - 9 - LRB104 06918 TRT 38144 a
index no greater than 0.50 of the 2006 International
Energy Conservation Code; by no later than December 31,
2029, the Board shall create and adopt a stretch energy
code with a site energy index no greater than 0.44 of the
2006 International Energy Conservation Code; and by no
later than December 31, 2032, the Board shall create and
adopt a stretch energy code with a site energy index no
greater than 0.39 of the 2006 International Energy
Conservation Code.
(h) The process for the creation of the Illinois Stretch
Energy Code includes:
(1) within 60 days after the effective date of this
amendatory Act of the 102nd General Assembly, the Capital
Development Board shall meet with the Illinois Energy Code
Advisory Council to advise and provide technical
assistance and recommendations to the Capital Development
Board for the Illinois Stretch Energy Code, which shall:
(A) advise the Capital Development Board on
creation of interim performance targets, code
requirements, and an implementation plan for the
Illinois Stretch Energy Code;
(B) recommend amendments to proposed rules issued
by the Capital Development Board;
(C) recommend complementary programs or policies;
(D) complete recommendations and development for
the Illinois Stretch Energy Code elements and

10400SB0640sam001 - 10 - LRB104 06918 TRT 38144 a
requirements by December 31, 2023;
(2) As part of its deliberations, the Illinois Energy
Code Advisory Council shall actively solicit input from
other energy code stakeholders and interested parties.
(Source: P.A. 103-4, eff. 5-31-23; 104-315, eff. 1-1-26.)
Section 10. The Counties Code is amended by adding
Division 5-47 as follows:
(55 ILCS 5/Art. 5 Div. 47 heading new)
Division 47. MIDDLE HOUSING
(55 ILCS 5/5-47001 new)
Sec. 5-47001. Purpose. The purpose of this Division is to
expand housing choice, increase the supply of attainable
housing, and establish uniform statewide standards for middle
housing production while preserving reasonable,
non-exclusionary municipal design and siting authority.
(55 ILCS 5/5-47005 new)
Sec. 5-47005. Definitions. As used in this Division:
"Attached courtyard housing" means a form of middle
housing consisting of 2 or more attached dwelling units
arranged to face a shared common courtyard, where each unit
has a primary entrance oriented toward the courtyard and the
courtyard provides pedestrian access, light, air, and shared

10400SB0640sam001 - 11 - LRB104 06918 TRT 38144 a
open space for the dwelling units.
"Clear and objective standard" means a standard that does
not require discretionary judgment in its interpretation or
application and that applies uniformly to all applicants.
"Common courtyard" means a landscaped or hardscaped area
accessible to multiple dwelling units that provides pedestrian
access and passive or active recreation.
"Cottage cluster" means a grouping of 3 or more detached
or semi-detached dwelling units on a shared lot or parcel,
arranged around common open space, and served by shared
pedestrian or vehicular access.
"Detached courtyard housing" means a form of middle
housing consisting of 2 or more detached dwelling units
located on a shared lot or parcel and arranged to face a shared
common courtyard, where each unit has a primary entrance
oriented toward the courtyard and the courtyard provides
pedestrian access, light, air, and shared open space for the
dwelling units.
"Discretionary review" means any land-use or development
approval that requires the exercise of subjective judgment by
a legislative body, planning commission, zoning board of
appeals, architectural review board, or similar body,
including, but not limited to, special uses, conditional uses,
variances, planned unit developments, or non-objective design
review. "Discretionary review" does not include:
(1) ministerial building permit review for compliance

10400SB0640sam001 - 12 - LRB104 06918 TRT 38144 a
with clear and objective standards;
(2) historic preservation review required solely for
the demolition of a structure designated as a local,
State, or national historic landmark; or
(3) environmental or safety review required by State
or federal law.
"Middle housing" means:
(1) duplexes;
(2) triplexes;
(3) fourplexes;
(4) cottage clusters;
(5) townhouses;
(6) attached courtyard housing;
(7) detached courtyard housing; and
(8) stacked flats.
"Middle housing land division" means the division of land
containing middle housing to allow fee-simple ownership of one
or more dwelling units consistent with Section 5-47030.
"Pedestrian path" means a walkway connecting at least one
building entrance to a public or private street that complies
with the provisions of the federal Americans with Disabilities
Act of 1990 and its implementing regulations.
"Residential zoning district" means any county zoning
district in which detached single-family dwellings are a
permitted use.
"Stacked flats" means a middle-housing building type that

10400SB0640sam001 - 13 - LRB104 06918 TRT 38144 a
contains between 2 and 6 dwelling units, that has units
arranged in vertical tiers accessible by shared or individual
entrances, and that is designed to be similar in scale and
massing to a detached single-family house.
(55 ILCS 5/5-47010 new)
Sec. 5-47010. Statewide middle-housing entitlements.
(a) This Section applies to every residential zoning
district in every county with zoning authority under this
Code.
(b) A county may not require a minimum lot area of more
than 2,500 square feet for detached single-family dwellings in
any residential zoning district that permits detached
single-family dwellings.
(c) The following residential unit allowances are
permitted on any lot located in a residential zoning district
that permits detached single-family dwellings:
(1) On any lot with an area of not more than 2,500
square feet, at least one detached single-family dwelling
unit shall be permitted as of right.
(2) Up to 4 dwelling units are permitted as of right on
any lot with an area of more than 2,500 square feet and not
more than 7,500 square feet.
(3) Up to 6 dwelling units are permitted as of right on
any lot with an area of more than 7,500 square feet.
(d) Counties may authorize unit counts or densities that

10400SB0640sam001 - 14 - LRB104 06918 TRT 38144 a
exceed the allowances established in this Section but may not
reduce them.
(e) Beginning June 1, 2027, the development of middle
housing is authorized in accordance with the provisions of
this Division. To conform to this Section, counties may adopt,
by ordinance, clear and objective development standards that
govern form and placement of middle housing so long as those
standards do not have the effect of prohibiting or materially
impeding the development of middle housing. In any county that
does not adopt specific clear and objective standards for
middle housing, or adopts, enforces, or applies standards that
are in violation of this Division, permits to develop middle
housing shall be reviewed according to the default clear and
objective standards established in Section 5-47025. County
ordinances may ensure developments comply with the existing
context of the neighborhood, through clear and objective
development standards, including, but not limited to, bulk,
lot area, green space, height, floor-area ratio, lot coverage,
access, unit size, building separation, and design. County
standards may not individually or cumulatively have the effect
of prohibiting or materially impeding the development of
middle housing or unreasonably delaying development of the
minimum dwelling unit allowances established under this
Division.
(f) A county may not adopt, enforce, or apply automobile
parking regulations, including regulations regarding

10400SB0640sam001 - 15 - LRB104 06918 TRT 38144 a
off-street parking, that have the effect of prohibiting or
materially impeding the development of middle housing.
(g) For the first 12 months after the effective date of
this amendatory Act of the 104th General Assembly, counties
may continue to review middle-housing permit applications
under existing local standards. During this period, counties
may not adopt, enforce, or apply new standards that reduce the
minimum dwelling-unit entitlements set forth in subsections
(b) and (c). Beginning immediately after the 12-month period,
any county ordinance that conflicts with subsection (b) is
void and unenforceable to the extent of the conflict. After
the transition period if:
(1) a county has adopted conforming zoning amendments
under Section 5-47035, then the building permit
applications shall be reviewed under the county's updated
zoning code; and
(2) a county has not adopted conforming amendments
within 12 months after the effective date of this
amendatory Act of the 104th General Assembly, then the
building permit applications shall be reviewed under the
default clear-and-objective standards in Section 5-47025.
(h) Any residential zoning district that permits detached
single-family dwellings shall also permit the dwelling unit
allowance required under this Section, regardless of zoning
classification or district name.
(i) Nothing in this Section shall be construed to conflict

10400SB0640sam001 - 16 - LRB104 06918 TRT 38144 a
with existing residential development projects for which
contracts or agreements were executed prior to the effective
date of this amendatory Act of the 104th General Assembly.
Projects shall not be changed to conform with the middle
housing entitlements outlined in this Division, unless
requested by the developer and authorized to do so by the
county board of a county.
(55 ILCS 5/5-47015 new)
Sec. 5-47015. Conversion of existing residential
structures.
(a) A county must allow an existing principal residential
structure to be converted to any middle-housing type up to the
maximum units permitted under Section 5-47010 if:
(1) the structure is not expanded by more than 50% of
its existing floor area or more than 1,200 square feet,
whichever is greater; and
(2) the conversion complies with applicable building
codes and preservation or landmark laws.
(b) A compliant conversion is not subject to
site-development standards that apply only to new
construction.
(55 ILCS 5/5-47020 new)
Sec. 5-47020. Other local development and design
standards.

10400SB0640sam001 - 17 - LRB104 06918 TRT 38144 a
(a) Counties may not require any form of discretionary
review for middle housing developments, including, but not
limited to, special use permits, planned unit developments,
public hearings, or discretionary design review, unless the
same review is required for detached single-family dwellings.
(b) A county may require middle housing to comply with
generally applicable local health and safety, building, fire,
environmental, sewer, and stormwater regulations, and may deny
an application for a building permit that does not comply with
such regulations. A county may not adopt, enforce, or apply
such regulations in a manner that has the effect of
prohibiting or materially impeding the development of middle
housing, including through categorical restrictions or the
imposition of standards that cannot be reasonably satisfied on
a typical residential lot.
(55 ILCS 5/5-47025 new)
Sec. 5-47025. Default clear and objective standards.
(a) This Section applies in any county that fails to adopt
conforming zoning amendments within 12 months after the
effective date of this amendatory Act of the 104th General
Assembly.
(b) A county's minimum setbacks for dwellings shall not
exceed 10 feet from the front of the dwelling; 5 feet from
either side of the dwelling; 10 feet from the rear of the
dwelling; or 10 feet from the corner of the corner-lot street.

10400SB0640sam001 - 18 - LRB104 06918 TRT 38144 a
Counties may not impose a maximum building height of less than
35 feet. The maximum lot-coverage limit shall not be less than
60%. The maximum floor-area-ratio limit shall not be less than
1.5. The minimum separation between structures on the same lot
shall not exceed 6 feet, except as required by the State Fire
Code.
(c) Access to a dwelling via an alley or shared driveway
must be permitted. The county's maximum driveway widths must
not exceed 10 feet for one-way access or 20 feet for 2-way
access. No minimum street-frontage applies if access exists
via an easement or alley. No more than one driveway may be
required per development.
(d) Middle housing developments shall be subject to the
same design standards as single-family dwellings, except as
follows:
(1) Design standards for cottage clusters include the
following standards:
(A) The minimum unit size shall be at least 400
square feet.
(B) Cottage clusters shall contain a common open
space of at least 150 square feet per unit.
(C) Automobile parking in cottage clusters may be
consolidated.
(D) Cottage clusters shall contain pedestrian
paths required, as needed, for fire safety and life
safety.

10400SB0640sam001 - 19 - LRB104 06918 TRT 38144 a
(2) Complexes of between 2 and 6 units may occupy the
same building envelope allowed for a detached
single-family dwelling under this Section. Counties may
not require complexes of between 2 and 6 units to have
design differentiation from single-family structures.
(3) The design standards for townhomes may not require
minimum rear setbacks greater than 10 feet, except that
lots with rear alley access shall not be required to have
minimum rear setbacks greater than 0 feet. The design
standards for townhomes shall include minimum setbacks at
a common wall property line of greater than 0 feet.
(4) Existing buildings may be converted to up to 6
units of middle housing without triggering standards
applicable only to new construction, other than
life-safety codes. A building's existing nonconformities
need not be corrected.
(e) Counties shall approve middle housing land divisions
that enable fee-simple ownership, as authorized by the Plat
Act, notwithstanding any local zoning ordinance pertaining to
land division, subdivision, or platting. Lot-size, dimension,
and frontage requirements shall not preclude the divisions.
Shared areas may be governed by easements, covenants, or
owners' associations.
(55 ILCS 5/5-47030 new)
Sec. 5-47030. Middle-housing land divisions. Counties

10400SB0640sam001 - 20 - LRB104 06918 TRT 38144 a
shall approve middle-housing land divisions that enable
fee-simple ownership, in accordance with the Plat Act,
notwithstanding any local zoning ordinance pertaining to land
division, subdivision, or platting, if the land division
application demonstrates that:
(1) each lot or parcel contains at least one dwelling
unit;
(2) private and common areas, access ways, and shared
facilities are protected by recorded easements or
agreements;
(3) the proposed middle-housing land division does not
conflict with the county's building safety codes; and
(4) the middle-housing land division preserves the
ability to meet applicable standards under this Division.
The middle-housing land division shall not be denied based
on minimum lot-size, density, or similar standards.
(55 ILCS 5/5-47035 new)
Sec. 5-47035. County requirements.
(a) Each county must amend its zoning ordinance to conform
to this Division within 12 months after the effective date of
this amendatory Act of the 104th General Assembly.
(b) If a county fails to adopt conforming amendments
within 12 months after the effective date of this amendatory
Act of the 104th General Assembly, then the default clear and
objective standards in Section 5-47025 shall automatically

10400SB0640sam001 - 21 - LRB104 06918 TRT 38144 a
apply.
(c) Any county ordinance that conflicts with this Division
is void and unenforceable to the extent of the conflict
beginning 12 months after the effective date of this
amendatory Act of the 104th General Assembly.
(d) During the first 12 months after the effective date of
this amendatory Act of the 104th General Assembly, counties
may continue to review middle-housing permit applications
under existing local standards. No county may adopt, enforce,
or apply new standards during this period that reduce the
minimum dwelling-unit entitlements in subsection (c) of
Section 5-47010.
(e) Any person or entity aggrieved by a county's action or
inaction alleged to violate this Division may bring an action
for declaratory or injunctive relief in a court of competent
jurisdiction. If the court finds that a county has violated
this Division, then the court shall award reasonable
attorney's fees and costs to the prevailing plaintiff. Nothing
in this subsection shall be construed to limit any other
remedies available at law or in equity.
(55 ILCS 5/5-47040 new)
Sec. 5-47040. Middle income affordability. Middle housing
developments permitted under this Act shall provide at least
40% of their total units as affordable housing units available
to households whose adjusted income is more than 80% but less

10400SB0640sam001 - 22 - LRB104 06918 TRT 38144 a
than 120% of the median income of the area of residence,
adjusted for family size, as such adjusted income and median
income for the area are determined from time to time by the
United States Department of Housing and Urban Development for
purposes of Section 8 of the United States Housing Act of 1937.
(55 ILCS 5/5-47045 new)
Sec. 5-47045. Building code alternatives for starter homes
and middle housing.
(a) Notwithstanding Sections 20 and 25 of the Electric
Vehicle Charging Act, middle housing developments and newly
constructed single-family dwellings of not more than 1,500
square feet shall be exempt from any requirement that parking
spaces be constructed or designated as EV-capable, EV-ready,
or equipped with electric vehicle supply equipment (EVSE).
(b) The provisions of the Illinois Stretch Energy Code
contained in Section 55 of the Energy Efficient Building Act
shall not apply to middle housing developments. Middle housing
developments and newly constructed single-family dwellings of
not more than 1,500 square feet may instead comply with the
Illinois Energy Conservation Code adopted under Section 20 of
the Energy Efficient Building Act in effect at the time of
permitting.
(55 ILCS 5/5-47050 new)
Sec. 5-47050. Associations; prohibitions. Notwithstanding

10400SB0640sam001 - 23 - LRB104 06918 TRT 38144 a
any provision of this Division or other provision of law, the
adoption, enforcement, or application of a bylaw or exercise
of any power by the governing entity of a homeowners'
association, common interest community association, or
condominium unit owners' association which has the effect of
prohibiting or materially impeding the development of middle
housing is expressly prohibited.
(55 ILCS 5/5-47055 new)
Sec. 5-47055. Conflict. In case of any conflict between
the provisions of this Division and Division 5-12, the
provisions of this Division shall prevail and control.
(55 ILCS 5/5-47060 new)
Sec. 5-47060. Home rule. A home rule unit may not regulate
middle housing in a manner inconsistent with this Division.
This Division 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 powers and functions
exercised by the State.
Section 15. The Illinois Municipal Code is amended by
adding Division 13.1 as follows:
(65 ILCS 5/Art. 11 Div. 13.1 heading new)
Division 13.1. MIDDLE HOUSING

10400SB0640sam001 - 24 - LRB104 06918 TRT 38144 a
(65 ILCS 5/11-13.1-1 new)
Sec. 11-13.1-1. Purpose. The purpose of this Division is
to expand housing choice, increase the supply of attainable
housing, and establish uniform statewide standards for middle
housing production while preserving reasonable,
non-exclusionary municipal design and siting authority.
(65 ILCS 5/11-13.1-5 new)
Sec. 11-13.1-5. Definitions. As used in this Division:
"Attached courtyard housing" means a form of middle
housing consisting of 2 or more attached dwelling units
arranged to face a shared common courtyard, where each unit
has a primary entrance oriented toward the courtyard and the
courtyard provides pedestrian access, light, air, and shared
open space for the dwelling units.
"Clear and objective standard" means a standard that does
not require discretionary judgment in its interpretation or
application and that applies uniformly to all applicants.
"Common courtyard" means a landscaped or hardscaped area
accessible to multiple dwelling units that provides pedestrian
access and passive or active recreation.
"Cottage cluster" means a grouping of 3 or more detached
or semi-detached dwelling units on a shared lot or parcel,
arranged around common open space, and served by shared
pedestrian or vehicular access.

10400SB0640sam001 - 25 - LRB104 06918 TRT 38144 a
"Detached courtyard housing" means a form of middle
housing consisting of 2 or more detached dwelling units
located on a shared lot or parcel and arranged to face a shared
common courtyard, where each unit has a primary entrance
oriented toward the courtyard and the courtyard provides
pedestrian access, light, air, and shared open space for the
dwelling units.
"Discretionary review" means any land-use or development
approval that requires the exercise of subjective judgment by
a legislative body, planning commission, zoning board of
appeals, architectural review board, or similar body,
including, but not limited to, special uses, conditional uses,
variances, planned unit developments, or non-objective design
review. "Discretionary review" does not include:
(1) ministerial building permit review for compliance
with clear and objective standards;
(2) historic preservation review required solely for
the demolition of a structure designated as a local,
State, or national historic landmark; or
(3) environmental or safety review required by State
or federal law.
"Middle housing" means:
(1) duplexes;
(2) triplexes;
(3) fourplexes;
(4) cottage clusters;

10400SB0640sam001 - 26 - LRB104 06918 TRT 38144 a
(5) townhouses;
(6) attached courtyard housing;
(7) detached courtyard housing; and
(8) stacked flats.
"Middle housing land division" means the division of land
containing middle housing to allow fee-simple ownership of one
or more dwelling units consistent with Section 11-13.1-30.
"Pedestrian path" means a walkway connecting at least one
building entrance to a public or private street that complies
with the provisions of the federal Americans with Disabilities
Act of 1990 and its implementing regulations.
"Residential zoning district" means any municipal zoning
district in which detached single-family dwellings are a
permitted use.
"Stacked flats" means a middle-housing building type that
contains between 2 and 6 dwelling units, that has units
arranged in vertical tiers accessible by shared or individual
entrances, and that is designed to be similar in scale and
massing to a detached single-family house.
(65 ILCS 5/11-13.1-10 new)
Sec. 11-13.1-10. Statewide middle-housing entitlements.
(a) This Section applies to every residential zoning
district in every municipality with zoning authority under
this Code.
(b) A municipality may not require a minimum lot area of

10400SB0640sam001 - 27 - LRB104 06918 TRT 38144 a
more than 2,500 square feet for detached single-family
dwellings in any residential zoning district that permits
detached single-family dwellings.
(c) The following residential unit allowances are
permitted on any lot located in a residential zoning district
that permits detached single-family dwellings:
(1) On any lot with an area of not more than 2,500
square feet, at least one detached single-family dwelling
unit shall be permitted as of right.
(2) Up to 4 dwelling units are permitted as of right on
any lot with an area of more than 2,500 square feet and not
more than 7,500 square feet.
(3) Up to 6 dwelling units are permitted as of right on
any lot with an area of more than 7,500 square feet.
(d) Municipalities may authorize unit counts or densities
that exceed the allowances established in this Section but may
not reduce them.
(e) Beginning June 1, 2027, the development of middle
housing is authorized in accordance with the provisions of
this Division. To conform to this Section, municipalities may
adopt, by ordinance, clear and objective development standards
that govern form and placement of middle housing so long as
those standards do not have the effect of prohibiting or
materially impeding the development of middle housing. In any
municipality that does not adopt specific clear and objective
standards for middle housing, or adopts, enforces, or applies

10400SB0640sam001 - 28 - LRB104 06918 TRT 38144 a
standards that are in violation of this Code, permits to
develop middle housing shall be reviewed according to the
default clear and objective standards established in Section
11-13.1-25. Municipal ordinances may ensure developments
comply with the existing context of the neighborhood, through
clear and objective development standards, including, but not
limited to, bulk, lot area, green space, height, floor-area
ratio, lot coverage, access, unit size, building separation,
and design. Municipal standards may not individually or
cumulatively have the effect of prohibiting or materially
impeding the development of middle housing or unreasonably
delaying development of the minimum dwelling unit allowances
established under this Division.
(f) A municipality may not adopt, enforce, or apply
automobile parking regulations, including regulations
regarding off-street parking, that have the effect of
prohibiting or materially impeding the development of middle
housing.
(g) For the first 12 months after the effective date of
this amendatory Act of the 104th General Assembly,
municipalities may continue to review middle-housing permit
applications under existing local standards. During this
period, municipalities may not adopt, enforce, or apply new
standards that reduce the minimum dwelling-unit entitlements
set forth in subsections (b) and (c). Beginning immediately
after the 12-month period, any municipal ordinance that

10400SB0640sam001 - 29 - LRB104 06918 TRT 38144 a
conflicts with subsection (b) is void and unenforceable to the
extent of the conflict. After the transition period if:
(1) a municipality has adopted conforming zoning
amendments under Section 11-13.1-35, then the building
permit applications shall be reviewed under the
municipality's updated zoning code; and
(2) a municipality has not adopted conforming
amendments within 12 months after the effective date of
this amendatory Act of the 104th General Assembly, then
the building permit applications shall be reviewed under
the default clear-and-objective standards in Section
11-13.1-25.
(h) Any residential zoning district that permits detached
single-family dwellings shall also permit the dwelling unit
allowance required under this Section, regardless of zoning
classification or district name.
(i) Nothing in this Section shall be construed to conflict
with existing residential development projects for which
contracts or agreements were executed prior to the effective
date of this amendatory Act of the 104th General Assembly.
Projects shall not be changed to conform with the middle
housing entitlements outlined in this Division, unless
requested by the developer and authorized to do so by the
corporate authorities of a municipality.
(65 ILCS 5/11-13.1-15 new)

10400SB0640sam001 - 30 - LRB104 06918 TRT 38144 a
Sec. 11-13.1-15. Conversion of existing residential
structures.
(a) A municipality must allow an existing principal
residential structure to be converted to any middle-housing
type up to the maximum units permitted under Section
11-13.1-10 if:
(1) the structure is not expanded by more than 50% of
its existing floor area or more than 1,200 square feet,
whichever is greater; and
(2) the conversion complies with applicable building
codes and preservation or landmark laws.
(b) A compliant conversion is not subject to
site-development standards that apply only to new
construction.
(65 ILCS 5/11-13.1-20 new)
Sec. 11-13.1-20. Other local development and design
standards.
(a) Municipalities may not require any form of
discretionary review for middle housing developments,
including, but not limited to, special use permits, planned
unit developments, public hearings, or discretionary design
review, unless the same review is required for detached
single-family dwellings.
(b) A municipality may require middle housing to comply
with generally applicable local health and safety, building,

10400SB0640sam001 - 31 - LRB104 06918 TRT 38144 a
fire, environmental, sewer, and stormwater regulations, and
may deny an application for a building permit that does not
comply with such regulations. A municipality may not adopt,
enforce, or apply such regulations in a manner that has the
effect of prohibiting or materially impeding the development
of middle housing, including through categorical restrictions
or the imposition of standards that cannot be reasonably
satisfied on a typical residential lot.
(65 ILCS 5/11-13.1-25 new)
Sec. 11-13.1-25. Default clear and objective standards.
(a) This Section applies in any municipality that fails to
adopt conforming zoning amendments within 12 months after the
effective date of this amendatory Act of the 104th General
Assembly.
(b) A municipality's minimum setbacks for dwellings shall
not exceed 10 feet from the front of the dwelling; 5 feet from
either side of the dwelling; 10 feet from the rear of the
dwelling; or 10 feet from the corner of the corner-lot street.
Municipalities may not impose a maximum building height of
less than 35 feet. The maximum lot-coverage limit shall not be
less than 60%. The maximum floor-area-ratio limit shall not be
less than 1.5. The minimum separation between structures on
the same lot shall not exceed 6 feet, except as required by the
State Fire Code.
(c) Access to a dwelling via an alley or shared driveway

10400SB0640sam001 - 32 - LRB104 06918 TRT 38144 a
must be permitted. The municipality's maximum driveway widths
must not exceed 10 feet for one-way access or 20 feet for 2-way
access. No minimum street-frontage applies if access exists
via an easement or alley. No more than one driveway may be
required per development.
(d) Middle housing developments shall be subject to the
same design standards as single-family dwellings, except as
follows:
(1) Design standards for cottage clusters include the
following standards:
(A) The minimum unit size shall be at least 400
square feet.
(B) Cottage clusters shall contain a common open
space of at least 150 square feet per unit.
(C) Automobile parking in cottage clusters may be
consolidated.
(D) Cottage clusters shall contain pedestrian
paths required, as needed, for fire safety and life
safety.
(2) Complexes of between 2 and 6 units may occupy the
same building envelope allowed for a detached
single-family dwelling under this Section. Municipalities
may not require complexes of between 2 and 6 units to have
design differentiation from single-family structures.
(3) The design standards for townhomes may not require
minimum rear setbacks greater than 10 feet, except that

10400SB0640sam001 - 33 - LRB104 06918 TRT 38144 a
lots with rear alley access shall not be required to have
minimum rear setbacks greater than 0 feet. The design
standards for townhomes shall include minimum setbacks at
a common wall property line of greater than 0 feet.
(4) Existing buildings may be converted to up to 6
units of middle housing without triggering standards
applicable only to new construction, other than
life-safety codes. A building's existing nonconformities
need not be corrected.
(e) Municipalities shall approve middle housing land
subdivisions that enable fee-simple ownership, as authorized
by the Plat Act, notwithstanding any local zoning ordinance
pertaining to land division, subdivision, or platting.
Lot-size, dimension, and frontage requirements shall not
preclude the divisions. Shared areas may be governed by
easements, covenants, or owners' associations.
(65 ILCS 5/11-13.1-30 new)
Sec. 11-13.1-30. Middle-housing land divisions.
Municipalities shall approve middle-housing land divisions
that enable fee-simple ownership, in accordance with the Plat
Act, notwithstanding any local zoning ordinance pertaining to
land division, subdivision, or platting, if the land division
application demonstrates that:
(1) each lot or parcel contains at least one dwelling
unit;

10400SB0640sam001 - 34 - LRB104 06918 TRT 38144 a
(2) private and common areas, access ways, and shared
facilities are protected by recorded easements or
agreements;
(3) the proposed middle-housing land division does not
conflict with the municipality's building safety codes;
and
(4) the middle-housing land division preserves the
ability to meet applicable standards under this Division.
A middle-housing land division shall not be denied based
on minimum lot-size, density, or similar standards.
(65 ILCS 5/11-13.1-35 new)
Sec. 11-13.1-35. Municipality requirements.
(a) Each municipality must amend its zoning ordinance to
conform to this Division within 12 months after the effective
date of this amendatory Act of the 104th General Assembly.
(b) If a municipality fails to adopt conforming amendments
within 12 months after the effective date of this amendatory
Act of the 104th General Assembly, then the default
clear-and-objective standards in Section 11-13.1-25 shall
automatically apply.
(c) Any municipal ordinance that conflicts with this
Division is void and unenforceable to the extent of the
conflict beginning 12 months after the effective date of this
amendatory Act of the 104th General Assembly.
(d) During the first 12 months after the effective date of

10400SB0640sam001 - 35 - LRB104 06918 TRT 38144 a
this amendatory Act of the 104th General Assembly,
municipalities may continue to review middle-housing building
permit applications under existing local standards. No
municipality may adopt, enforce, or apply new standards during
this period that reduce the minimum dwelling-unit entitlements
in subsection (c) of Section 11-13.1-10.
(e) Any person or entity aggrieved by a municipality's
action or inaction alleged to violate this Division may bring
an action for declaratory or injunctive relief in a court of
competent jurisdiction. If the court finds that a municipality
has violated this Division, then the court shall award
reasonable attorney's fees and costs to the prevailing
plaintiff. Nothing in this subsection shall be construed to
limit any other remedies available at law or in equity.
(65 ILCS 5/11-13.1-40 new)
Sec. 11-13.1-40. Middle income affordability. Middle
housing developments permitted under this Act shall provide at
least 40% of their total units as affordable housing units
available to households whose adjusted income is more than 80%
but less than 120% of the median income of the area of
residence, adjusted for family size, as such adjusted income
and median income for the area are determined from time to time
by the United States Department of Housing and Urban
Development for purposes of Section 8 of the United States
Housing Act of 1937.

10400SB0640sam001 - 36 - LRB104 06918 TRT 38144 a
(65 ILCS 5/11-13.1-45 new)
Sec. 11-13.1-45. Building code alternatives for starter
homes and middle housing.
(a) Notwithstanding Sections 20 and 25 of the Electric
Vehicle Charging Act, middle housing developments and newly
constructed single-family dwellings of not more than 1,500
square feet shall be exempt from any requirement that parking
spaces be constructed or designated as EV-capable, EV-ready,
or equipped with electric vehicle supply equipment (EVSE).
(b) The provisions of the Illinois Stretch Energy Code
contained in Section 55 of the Energy Efficient Building Act
shall not apply to middle housing developments. Middle housing
developments and newly constructed single-family dwellings of
not more than 1,500 square feet may instead comply with the
Illinois Energy Conservation Code adopted under Section 20 of
the Energy Efficient Building Act in effect at the time of
permitting.
(65 ILCS 5/11-13.1-50 new)
Sec. 11-13.1-50. Protection of Existing Small Rental
Housing.
(a) A municipality with a population of 2,000,000 or more
may by ordinance designate an area as a protected small rental
housing area. This Section applies only to development
authorized under this Code on parcels located within a

10400SB0640sam001 - 37 - LRB104 06918 TRT 38144 a
geographic area that has been designated by ordinance of a
municipality as a protected small rental housing area. Any
municipality with a smaller population may elect, by
ordinance, to designate a protected small rental housing area
and be subject to this Section.
(b) As used in this Section:
"Affordable rental unit" means a unit rented at a rate
affordable to a household at or below 80% of area median
income, or a lower threshold established by municipal
ordinance. "Preceding 3 years" means the 36-month period
before the date a complete application for development is
submitted. "Protected small rental housing area" means a
geographic area designated by ordinance under subsection (j)
of this Section.
"Residential structure with 2 to 4 dwelling units" means a
building containing 2, 3, 4, 5, or 6 legal dwelling units,
whether attached or detached. "Residential structure with 2 to
4 dwelling units" includes buildings with nonconforming units
lawfully established under prior zoning or building codes.
"Tenant" means a person entitled to occupy a dwelling unit
pursuant to a lease or other agreement, whether written or
oral, including a month-to-month tenancy or holdover tenancy.
"Withdrawn from the rental market" means a dwelling unit
that was previously occupied by a tenant and is no longer
offered for residential rental use, including through
termination of tenancy, non-renewal of a lease, conversion to

10400SB0640sam001 - 38 - LRB104 06918 TRT 38144 a
another use, or removal from the rental market in anticipation
of redevelopment.
(c) Within a protected small rental housing area, a
development authorized under this Code may not be approved on
a site that contains, or contained within the preceding 3
years, a residential structure with 2 to 4 dwelling units if
one or more dwelling units in the structure were:
(1) occupied by a tenant; or
(2) withdrawn from the rental market.
(d) Subsection (c) shall not apply where:
(1) demolition of the structure was initiated or
mandated by the municipality or other governmental body;
or
(2) the structure has been determined by a local
building official to be unsafe or uninhabitable pursuant
to applicable building or health codes.
(e) If demolition, conversion, deconversion, substantial
rehabilitation, or redevelopment of a residential structure
with 2 to 4 dwelling units is permitted under this Code, the
redevelopment shall include a net increase in dwelling units
above the number of dwelling units that existed on the site
within the preceding 3 years, unless the municipality
determines that a net increase is infeasible due to health,
safety, landmark, environmental, or site constraints. A
dwelling unit that is affordable to a household at or below 80%
of area median income, as defined by the Illinois Housing

10400SB0640sam001 - 39 - LRB104 06918 TRT 38144 a
Development Authority by objective criteria, that is
demolished, converted, deconverted, withdrawn from the rental
market, or made unavailable as a result of redevelopment
authorized under this Code shall be replaced on a one-for-one
basis with a dwelling unit affordable to a household at the
same or lower income level for not less than 30 years or for a
longer period required by municipal ordinance. A municipality
may require a greater number or deeper level of affordable
replacement units by ordinance, including requirements based
on unit size, bedroom count, accessibility, family-sized
housing needs, or neighborhood displacement risk.
(f) Where demolition of a structure is permitted under
this Section, the redevelopment shall include no fewer
dwelling units than existed on the site within the preceding 3
years.
(g) Nothing in this Section shall be construed to:
(1) prohibit development on vacant land that did not
contain a residential structure with 2 to 4 dwelling units
within the preceding 3 years;
(2) prohibit development on property that has not
contained a tenant-occupied dwelling unit within the
preceding 3 years; or
(3) limit the authority of a local government to
enforce generally applicable health and safety regulations
consistent with this Code.
(h) An applicant shall certify, under penalty of perjury,

10400SB0640sam001 - 40 - LRB104 06918 TRT 38144 a
whether any dwelling units on the site were occupied by
tenants or withdrawn from the rental market within the
preceding 3 years. A local government may rely on such
certification in determining compliance.
(i) A municipality designating a protected small rental
housing area shall do so by ordinance that:
(1) identifies the geographic boundaries of the area;
and
(2) includes a statement of findings demonstrating
that the area is experiencing, or is at risk of
experiencing, displacement of tenants or loss of a
residential structure with 2 to 4 dwelling units. The
findings may be based on locally determined criteria,
including, but not limited to:
(A) concentrations of tenant-occupied residential
structures with 2 to 4 dwelling units;
(B) recent or anticipated redevelopment activity;
(C) increases in rents or property values;
(D) designation under an Affordable Requirements
Ordinance or similar preservation or anti-displacement
framework; or
(E) other locally relevant indicators of housing
instability or displacement risk. Designation shall be
applied uniformly within the designated area and may
not be applied on a parcel-by-parcel basis.

10400SB0640sam001 - 41 - LRB104 06918 TRT 38144 a
(65 ILCS 5/11-13.1-55 new)
Sec. 11-13.1-55. Associations; prohibitions.
Notwithstanding any provision of this Division or other
provision of law, the adoption, enforcement, or application of
a bylaw or exercise of any power by the governing entity of a
homeowners' association, common interest community
association, or condominium unit owners' association that has
the effect of prohibiting or materially impeding the
development of middle housing is expressly prohibited.
(65 ILCS 5/11-13.1-60 new)
Sec. 11-13.1-60. Conflict. In case of any conflict between
the provisions of this Division and Division 11-13, the
provisions of this Division shall prevail and control.
(65 ILCS 5/11-13.1-65 new)
Sec. 11-13.1-65. Home rule. A home rule unit may not
regulate middle housing in a manner inconsistent with this
Division. This Division 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 powers and functions
exercised by the State.
Section 20. The Electric Vehicle Charging Act is amended
by changing Section 10 as follows:

10400SB0640sam001 - 42 - LRB104 06918 TRT 38144 a
(765 ILCS 1085/10)
Sec. 10. Applicability.
(a) For the purposes of Sections 20 and 25, this Act
applies to newly constructed single-family homes and
multifamily residential buildings, except middle housing
developments, that have parking spaces and are constructed
after the effective date of this Act. As used in this
subsection, "middle housing" has the meaning given in Section
11-13.1-5 of the Illinois Municipal Code and the meaning given
in Section 5-47005 of the Counties Code, as applicable.
(b) For the purposes of Sections 30 and 35, this Act
applies to unit owners, tenants, landlords, and associations
of both newly constructed and existing single-family homes and
multifamily residential buildings that have parking spaces.
(c) The provisions of this Act do not apply to any tiny
home constructed for veterans who are homeless or at risk of
homelessness and in need of secure, long-term affordable
housing, if that tiny home is constructed by a nonprofit
organization described in Section 501(c)(3) or Section
501(c)(19) of the Internal Revenue Code of 1986 that
exclusively funds and administers projects and services for
veterans. Every county and municipality that has the power to
issue building permits and otherwise control the construction
of buildings shall require by ordinance that an applicant
seeking a building permit to construct tiny homes for at-risk
veterans must include with the permit application a completed

10400SB0640sam001 - 43 - LRB104 06918 TRT 38144 a
and signed affidavit stating that all buildings constructed
under the permit are designated for the exclusive use of
qualifying veterans who are homeless or at risk of
homelessness and in need of secure, long-term affordable
housing. No county or municipality, including a home rule
unit, shall adopt any building code or ordinance that requires
EV-capable parking spaces for tiny homes constructed for the
purpose of providing affordable housing for at-risk veterans
as provided in this subsection. This subsection 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 powers and functions exercised by the State.
As used in this subsection:
"Tiny home" means an individual, detached residential
dwelling unit of no more than 800 square feet, occupying a lot
either by itself or sharing a common lot with other tiny homes.
"Tiny home" does not include a manufactured home as defined in
the Mobile Home Landlord and Tenant Rights Act. "Tiny home"
does not include a single unit in a small multifamily
residence or a large multifamily residence.
"Veteran" means a person who served in and who has
received an honorable or general discharge from, the United
States Army, Navy, Air Force, Space Force, Marines, Coast
Guard, or reserves thereof, or who served in the Army National
Guard, Air National Guard, or Illinois National Guard.
(Source: P.A. 103-53, eff. 1-1-24; 103-572, eff. 1-1-24;

10400SB0640sam001 - 44 - LRB104 06918 TRT 38144 a
104-341, eff. 8-15-25.)".