Bill Text: IL SB2785 | 2025-2026 | 104th General Assembly | Introduced

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Bill Title: Amends the Counties Code and the Illinois Municipal Code. Provides that "shared roof" does not include a roof that serves townhouses. Provides that "townhouse" means a privately owned single-family dwelling unit that is attached to but separated from other privately owned single-family dwelling units by a common party wall that has no doors, windows, or other means of human passage or visibility.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Introduced - Dead) 2026-07-02 - Senate Floor Amendment No. 2 Pursuant to Senate Rule 3-9(b) / Referred to Assignments [SB2785 Detail]

Download: Illinois-2025-SB2785-Introduced.html

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104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026SB2785 Introduced 1/13/2026, by Sen. Sara Feigenholtz SYNOPSIS AS INTRODUCED:
55 ILCS 5/5-46025
Amends the Counties Code if and only if Senate Bill 25 of the 104th General Assembly becomes law. Provides that "shared roof" does not include a roof that serves townhouses. Provides that "townhouse" means a privately owned single-family dwelling unit that is attached to but separated from other privately owned single-family dwelling units by a common party wall that has no doors, windows, or other means of human passage or visibility.
LRB104 16790 AAS 30199 b
A BILL FOR
SB2785 LRB104 16790 AAS 30199 b
AN ACT concerning local government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. If and only if Senate Bill 25 of the 104th
General Assembly becomes law, then the Counties Code is
amended by changing Section 5-46025 as follows:
(55 ILCS 5/5-46025)
Sec. 5-46025. Applicability.
(a) As used in this Section: ,
"Shared shared roof" means any roof that (i) serves more
than one unit, including, but not limited to, a contiguous
roof serving adjacent units, or (ii) is part of the common
elements or common area of a unit. "Shared roof" does not
include a roof that serves townhouses.
"Townhouse" means a privately owned single-family dwelling
unit that is attached to but separated from other privately
owned single-family dwelling units by a common party wall that
has no doors, windows, or other means of human passage or
visibility.
(b) This Division shall not apply to any building that:
(1) is greater than 60 feet in height; or
(2) has a shared roof.
(c) Notwithstanding subsection (b) of this Section, this

SB2785 - 2 - LRB104 16790 AAS 30199 b
Division shall apply to any building with a shared roof:
(1) where the solar energy system is located entirely
within that portion of the shared roof that is owned and
maintained by the property owner;
(2) where all property owners sharing the shared roof
are in agreement to install a solar energy system; or
(3) to the extent this Division applies to low-voltage
solar-powered devices.
(Source: 10400SB0025enr.)