Pritzker’s BUILD Act: A Springfield Takeover of Local Communities

Written by David Curtin

Illinois has a housing shortage. Which may sound odd since hundreds of thousands of people have left and continue to leave Illinois for other states. But it makes sense when you consider we have fewer carpenters, builders, electricians, etc. to build homes. Only in Illinois.

Anyway, Governor J.B. Pritzker has a solution. Keep in mind this is a governor whose economic policies have driven businesses out of the state and caused people to leave – often to neighboring states like Indiana and Iowa and Wisconsin, but of course Texas and Florida, too. What is Gov. Pritzker’s solution? He is proposing a Building Up Illinois Developments—or BUILD—initiative. He gave it a nice name. It needs one — behind the reassuring name is an extraordinary transfer of power from local communities to the state.

The centerpiece of the governor’s plan, House Bill 5626, would override numerous local zoning, parking, permitting and building regulations. Although the legislation did not pass during the spring session, it’s high on Gov. Pritzker’s bucket list for the upcoming session.

The problem with Gov. Pritzker’s plan is that the state would call the shots on housing. Municipalities would have to accept much denser housing in areas currently zoned for single-family homes, no questions asked. Depending on the size of a residential lot, therefore, a property owner could be entitled to build four, six or even eight dwelling units “as of right.” Municipalities would have no power to say they couldn’t, even if there are health hazards, safety hazards, neighborhood concerns, etc.

That is not a minor adjustment to zoning law. It is Springfield effectively rewriting the zoning map of every community in Illinois.

BUILD would also require municipalities to permit accessory dwelling units—such as backyard cottages, garage apartments or other secondary residences—wherever single-family homes are allowed. Again, municipalities usually like to discuss these things. Here they would have no say. Nor could local officials impose lot-size, setback, design-review or aesthetic requirements beyond those imposed on an ordinary single-family home.

The proposal would restrict parking requirements for several types of residential development because, well, Springfield knows best. There would be state standards for impact fees and state deadlines for reviewing building plans and conducting inspections. If a municipality missed certain deadlines, a developer could hire a private third-party reviewer or inspector.

There is one thing Gov. Pritzker WOULD leave to the municipalities. Municipalities would still have to foot the bill for police and fire protection, roads, sewers, stormwater systems and other public services. If the new buildings provide insane or unsafe density, tough luck. Municipalities will have to figure it out.

Illinois Municipal League has emerged as BUILD’s leading opponent. The League represents cities and villages of every size and political complexion in Illinois. IML wants more housing like everyone else, but taking away local control is like jumping from the frying pan into the fire.

Illinois’ 1,200-plus municipalities are not interchangeable. Let’s take three examples. A growing Chicago suburb with commuter rail service, a small rural town, and an older industrial community with aging sewer lines face dramatically different circumstances. A statewide formula based mainly on lot size cannot account for those differences.

Local zoning hearings also provide residents with an opportunity to ask practical questions. Can the sewer system handle the development? Is there adequate parking? Will additional traffic create a safety problem? Are fire trucks able to reach the property? What will the development do to flooding, drainage and nearby property? BUILD would prevent elected local officials and nearby residents in evaluating a project before it is approved.

The governor whose state’s policies have driven businesses out of Illinois believes he has the state plan that will save housing? Please, Gov. Pritzker, municipalities can’t afford this kind of “help.”

Illinois can encourage new housing without stripping communities of their authority. Other states do it wisely. The Municipal League has proposed its own REAL Housing Act emphasizing incentives, property-tax relief and locally developed housing plans. So there is a real plan out there that doesn’t usurp local control.

Of course, Illinois needs more housing. But it does not need another state-government power grab.

Take ACTION: Click HERE to contact your state representative to ask him/her to vote NO to HB 5626. Zoning and land use authority are issues at the heart of local control and should not be usurped by one-size-fits-all approach by Springfield.

This legislation is a massive power grab designed to strip local communities of their zoning authority and force unsafe, high-density housing into our backyards. Stop the state-wide takeover.