Bill Text: IL HB4459 | 2025-2026 | 104th General Assembly | Introduced

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Bill Title: Creates the Local Government Open Burn Permit Act. Provides that any county or municipality may adopt ordinances or resolutions establishing requirements for permits issued by it under the Act and may enter into intergovernmental agreements to implement the Act. Allows the Environmental Protection Agency to propose and the Pollution Control Board to adopt rules. Requires any person seeking to perform an open burn in a municipality or county to obtain a local government open burn permit from the municipality or county, respectively, where the burn is taking place in addition to any applicable open burn permit from the Illinois Environmental Protection Agency under the Environmental Protection Act and rules adopted under that Act. Requires every county and municipality to create an online publicly-accessible platform that contains certain information. Provides that municipalities and counties may charge up to $5 for each local government open burn permit, with the proceeds to be used for fire protection purposes. Provides for enforcement by a State's Attorney or the Attorney General, or a city attorney for ordinance violations authorized by the Act, and for a penalty of up to $100,000 for a person who conducts an open burn without a local government open burn permit, and a penalty of up to $500,000 for a person who conducts an open burn on a no burn day without a local government open burn permit. Limits home rule powers and functions. Defines terms. Effective immediately.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Introduced) 2026-01-20 - Referred to Rules Committee [HB4459 Detail]

Download: Illinois-2025-HB4459-Introduced.html

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104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026HB4459 Introduced , by Rep. Amy Briel SYNOPSIS AS INTRODUCED:
New Act
Creates the Local Government Open Burn Permit Act. Provides that any county or municipality may adopt ordinances or resolutions establishing requirements for permits issued by it under the Act and may enter into intergovernmental agreements to implement the Act. Allows the Environmental Protection Agency to propose and the Pollution Control Board to adopt rules. Requires any person seeking to perform an open burn in a municipality or county to obtain a local government open burn permit from the municipality or county, respectively, where the burn is taking place in addition to any applicable open burn permit from the Illinois Environmental Protection Agency under the Environmental Protection Act and rules adopted under that Act. Requires every county and municipality to create an online publicly-accessible platform that contains certain information. Provides that municipalities and counties may charge up to $5 for each local government open burn permit, with the proceeds to be used for fire protection purposes. Provides for enforcement by a State's Attorney or the Attorney General, or a city attorney for ordinance violations authorized by the Act, and for a penalty of up to $100,000 for a person who conducts an open burn without a local government open burn permit, and a penalty of up to $500,000 for a person who conducts an open burn on a no burn day without a local government open burn permit. Limits home rule powers and functions. Defines terms. Effective immediately.
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STATE MANDATES ACT MAY REQUIRE REIMBURSEMENTMAY APPLY
A BILL FOR
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AN ACT concerning safety.
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 Local
Government Open Burn Permit Act.
Section 5. Definitions. In this Act:
"Home rule unit" means a county or municipality that is a
home rule unit as provided in Section 6 of Article VII of the
Illinois Constitution.
"Local government open burn permit" means a permit issued
under this Act or under an ordinance or resolution authorized
by this Act for open burning, including permits for:
(1) fire fighter training or fire extinguisher
training;
(2) landscape waste burning using an air curtain
destructor;
(3) prairie and economical landscape burns; and
(4) disaster debris open burning.
"Municipality" means a city, village, or incorporated
town.
"No burn day" means a day upon which open burning is
restricted by the State or a fire protection district, county,
municipality, the Illinois Environmental Protection Agency, or

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the Illinois Pollution Control Board due to safety concerns
determined by the restricting body.
"Open burning" has the meaning given in Section 3.300 of
the Environmental Protection Act.
Section 10. Local government ordinances; rules.
(a) Any county or municipality may adopt ordinances or
resolutions establishing requirements for local government
open burn permits issued by it under this Act and may enter
into intergovernmental agreements to implement this Act.
(b) The Environmental Protection Agency may propose and
the Pollution Control Board may adopt any rules necessary to
implement and administer this Act.
Section 15. Local government open burn permits.
(a) Any person seeking to perform an open burn in a
municipality shall obtain a local government open burn permit
under this Act from the municipality where the burn is taking
place in addition to any applicable open burn permit from the
Illinois Environmental Protection Agency under the
Environmental Protection Act and rules adopted under that Act.
(b) Any person seeking to perform an open burn in a place
that is not in a municipality shall obtain a local government
open burn permit under this Act from the county where the burn
is taking place in addition to any applicable open burn permit
from the Illinois Environmental Protection Agency under the

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Environmental Protection Act and rules adopted under that Act.
Section 20. Online form for local government open burn
permits. Every county and municipality shall create an online
publicly accessible platform that contains the following
information:
(1) a form that may be used to apply to the county or
municipality for a local government open burn permit;
(2) a list of no burn days in the county or
municipality; and
(3) a reporting mechanism for the public to submit
photos, videos, and complaints of open burns that are
without proper permits or that are in violation of
applicable laws, rules, ordinances, or resolutions.
Section 25. Local government open burn permit fees. A
municipality or county may, by ordinance or resolution, impose
a local government open burn permit fee in the amount of up to
$5 for each local government open burn permit it issues.
Proceeds from the local government open burn permit fee shall
be used for fire protection purposes.
Section 30. Penalties and enforcement.
(a) Any person who, without a local government open burn
permit issued under this Act, conducts an open burn on a day
that is not a no burn day is liable for a civil penalty of up

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to $100,000.
(b) Any person who, without a local government open burn
permit issued under this Act, conducts an open burn on a day
that is a no burn day is liable for a civil penalty of up to
$500,000.
(c) The State's Attorney of the county where the violation
occurs or the Attorney General shall enforce this Act. An
attorney of a municipality may enforce ordinances or
resolutions adopted under Section 10 of this Act. Upon a
proper showing that a violation of this Act or an ordinance or
resolution adopted under Section 10 of this Act has occurred
or is about to occur, the court may issue a permanent or
preliminary injunction or any other equitable remedy the court
deems appropriate.
Section 35. Home rule. A home rule unit may not regulate
open burning in a manner inconsistent with this Act. This
Section 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 99. Effective date. This Act takes effect upon
becoming law.