HomeMy WebLinkAbout5.1 Review and Discussion of draft resolution in opposition to State Preemption of Local Zoning Authority (The BUILD Act HB 5626)MORA
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Item Cover Page
Subject Review and Discussion of draft resolution in opposition to State
Preemption of Local Zoning Authority (The BUILD Act HB 5626)
Meeting April 14, 2026 - MEETING OF THE MOUNT PROSPECT
COMMITTEE OF THE WHOLE
Fiscal Impact N
Dollar Amount
Budget Source
Category DISCUSSION ITEMS
Type Presentation
Information
The attached draft resolution affirms the Village of Mount Prospect's support for maintaining
local control over zoning and land use decisions. It reiterates the Village's responsibility to
regulate land use in a manner that protects public health, safety, and welfare, while ensuring
compatible development patterns, protecting property values, managing traffic impacts, and
coordinating infrastructure. The resolution also emphasizes that zoning decisions are best
made at the local level by officials familiar with the community's unique conditions and
planning goals.
Adoption of the resolution would formally communicate the Village's position to the Illinois
General Assembly and Governor, urging preservation of municipal zoning authority without
additional state -imposed limitations. A copy would also be transmitted to the Illinois Municipal
League as part of broader advocacy efforts.
Discussion
The Build Illinois Act is proposed state legislation aimed at addressing housing affordability
and supply by limiting local zoning authority in certain circumstances. While the Act is
intended to increase housing production, particularly higher -density and affordable housing, it
would do so by preempting or restricting municipal control over zoning regulations such as
density, permitted uses, parking requirements, and approval processes near transit or in
designated areas.
In practice, the legislation could reduce the Village's ability to evaluate development proposals
based on local impacts, including compatibility with surrounding neighborhoods, traffic
generation, school capacity, infrastructure demands, and overall community character. While
increasing housing supply is a shared goal, the Act shifts decision -making from local
governments to the state, potentially limiting the Village's ability to plan proactively and
respond to site -specific conditions.
Staff recommends approval of the resolution to formally express the Village's support for
maintaining local zoning and land use authority while continuing to participate in regional and
statewide discussions on housing policy solutions.
Alternatives
Staff Recommendation
If there is general support for the draft resolution to formally express the Village's support for
maintaining local zoning and land use authority while continuing to participate in regional and
statewide discussions on housing policy solutions, then the resolution will be presented at
a future Village Board meeting for approval.
Attachments
1. In support of Maintaining Municipal Local Zoning and Land Use Authority
RESOLUTION NO.
A RESOLUTION OF THE VILLAGE OF MOUNT PROSPECT IN SUPPORT OF MAINTAINING
MUNICIPAL LOCAL ZONING AND LAND USE AUTHORITY
WHEREAS, the Village of Mount Prospect has the responsibility to promote public health, safety, and
general welfare by regulating land use, density, and development standards within the Village of Mount
Prospect; and
WHEREAS, the Village of Mount Prospect recognizes that municipal authority of land use and zoning is a
means to address separating incompatible land uses, protecting property values, managing traffic flow,
ensuring adequate infrastructure and guiding orderly community growth; and
WHEREAS, the Village of Mount Prospect reiterates that community -led policies for land use and zoning
are not causing a crisis of housing affordability or availability; and
WHEREAS, land use and zoning decisions are appropriately made at the local level by municipal officials
familiar with the unique characteristics of the Village of Mount Prospect; and
WHEREAS, the Mayor and Board of Trustees of the Village of Mount Prospect find that the existing
municipal authority for land use and zoning is essential for the continuing community vitality of the Village
of Mount Prospect.
NOW THEREFORE BE IT ORDAINED/RESOLVED BY THE MAYOR AND BOARD OF TRUSTEES OF
THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS:
SECTION ONE: That the foregoing recitals shall be and are hereby incorporated as findings of
fact as if said recitals were fully set forth herein.
SECTION TWO: That the Village of Mount Prospect urges the Illinois General Assembly and Governor to
preserve municipal authority for land use and zoning in its current form without additional restrictions on
municipal government and the communities they serve.
SECTION THREE: That the Village Clerk shall forward a copy of this Resolution to the Illinois Municipal
League.
SECTION FOUR: That this Resolution shall be in full force and effect after passage and approval as
required by law.
AYES:
NAYS:
ABSENT:
PASSED and APPROVED this day of April, 2026.
Paul Wm. Hoefert Mayor
ATTEST:
Karen M. Agoranos, Village Clerk