County Zoning
The Illinois Counties Code governs whether and how a country may regulate agricultural activities. For a list of counties and their municipal codes, click here.
As a general rule in Illinois, counties may regulate land use by implementing measures to regulate and restrict the location and use of buildings, structures and land (55 ILCS 5/5-12001). The county's seemingly broad power relating to land use, however, is limited with respect to land used for agricultural purposes. Specifically, counties may not impose regulations, eliminate uses, buildings, or structures, or require permits with respect to land used for agricultural purposes (55 ILCS 5/5-12001). Counties may, however, require certain set back lines for agricultural operations.
This raises the question of what exactly is an "agricultural purpose" and, more importantly, does my particular direct farm business qualify. The Illinois statute defines an agricultural purpose as:
the growing of farm crops, truck garden crops, animal and poultry husbandry, apiculture, aquaculture, dairying, floriculture, horticulture, nurseries, tree farms, sod farms, pasturage, viticulture, and wholesale greenhouses when such agricultural purposes constitute the principal activity on the land. . . .
A review of the court cases in Illinois interpreting this definition reveals that the statute exempts the "production" of agricultural products from county zoning regulation, but fails to specify whether associated direct farm businesses such as farm stands, U-Pick operations or agritourism are an "agricultural purpose" and, therefore, exempt from county zoning restrictions. Other states have expressly acknowledged that farmers "from time immemorial have had the right to sell the produce from their farms" at road side farm stands and such operations clearly are an "agricultural purpose." U-pick operations, by definition, involve the sale of products produced "on-farm" and, therefore, may fall within the zoning restriction exemption of an "agricultural purpose. Even in those states explicitly including farm stands and U-pick operations as fulfilling an "agricultural purpose," more restrictive zoning rules may prohibit the sale of products produced on other farms and delivered to the farm stand for retail sale. Although the Illinois state statute and Illinois court decisions may not provide a precise answer to the Illinois producer, county zoning ordinances following the guidelines of the state statute may provide the answer.
At the individual county level in Illinois, the zoning ordinance usually will include specifically farm stands and U-pick operations as "agriculture" and thus exempt from further zoning restrictions. For example, the Champaign County Zoning Ordinance permits by right roadside stands operated by the farm operator in all areas zoned agricultural. In Champaign County, roadside produce stands not operated by the actual farm operator may be allowed under a special use permit.
Rural specialty businesses also may be allowed by right, depending upon their scale (minor vs. major). To qualify as a "minor" rural specialty businesses, the total area of the specialty business (that is not otherwise "agriculture") must be less than one acre, total sales display area must be less than 2,000 sq. ft. (no more than 50% of which may be indoors), alcoholic beverages may not be sold unless produced on the premises, and the business may not include a "food service establishment" as defined by the Champaign County Health Ordinance (Ord. No. 573). An exception to this last requirement is that a "minor" rural specialty business may include a "food store" as defined by the county health ordinance. Minor rural specialty businesses are allowed by right in areas zoned agricultural, while "major" businesses" will require a special use permit from the county.
Agritourism presents a slightly more complex analysis regarding whether it is exempt from county zoning rules. If the operation meets the criteria above, it would qualify as a "minor" rural specialty business, and thus be allowed as a matter of right. One additional limitation, at least in Champaign County, however, is the use of sound amplification equipment. (e.g., a hayrack ride with "spooky" music over "Halloween" or a Fall Farm Music Festival). In such cases, the business would need a "Temporary Use Permit" as well as an "Entertainment and Recreation License" from the county.
More intensive farm business activities generally require special use permits. Examples might include farm chemical sales, livestock sales facilities, slaughter house or grain elevators.
An additional zoning/siting concerns arises when farmland intersects urban areas--a common situation for many direct farm operations due to the proximity to potential consumers. As towns or other urban areas expand, changes to zoning classifications may occur. For example, towns may annex farmland previously under county jurisdiction and subject the property to municipal zoning. Other land use changes may result from development pressures prompting a rezoning process of county land. In either situation, productive farmland could be rezoned from "agricultural" to "residential" or "commercial," etc. The existing farm operation would be grandfathered as a "non-conforming use," which would allow the continuation of the farming operation, but prohibit other farm-related businesses such as farm stands or U-pick operations. Therefore, it is important property determine the zoning classification for your specific property.
In sum, during the planning stage of your direct farm business, a careful review of your local zoning ordinances is strongly encouraged. In addition to directly contacting your county clerk or local library for a copy of the applicable ordinances, Northern Illinois University's College of Law has complied a website with links to many county and municipal rules.
The Livestock Management Facilities Act (LMFA)
For information on the siting of livestock facilities under the Livestock Management Facilities Act, click here.
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