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Prospect Heights officials warn state 'Build Act' could override local zoning and strain services
Summary
Mayor Lukwinski and local officials told the Natural Resources Commission that Illinois House Bill 5626 (the "Build Act") would allow accessory dwelling units and up to eight units on larger lots, potentially overriding local zoning and stressing Prospect Heights' sewer, water and planning capacity.
Mayor Lukwinski raised concerns about Illinois House Bill 5626 during the Prospect Heights Natural Resources Commission meeting, telling commissioners the bill’s stated goal is affordable housing but that, as written, it would significantly limit local zoning control and require the city to implement state standards.
Dan Peterson, the city’s director of building and zoning, brought further information to the commission’s attention, saying the proposal would allow accessory dwelling units on single-family properties and could permit as many as eight units on lots larger than 7,500 square feet. "The whole premise of the proposed bill is affordable housing," the meeting summary reported, "but the bill eliminates all local municipalities' rights to do any type of zoning planning or control of residential development."
Commissioners and the mayor framed their concern in practical terms: Prospect Heights, they said, lacks the existing infrastructure to support a substantial increase in residential density. The commission noted potential impacts on sanitary sewer capacity, water and land-use planning, and highlighted that the bill would reduce setback and green-space requirements and eliminate some parking controls, changes they said could "strain infrastructure systems such as water and sewer." The meeting record also stated that new homes under the proposal would be required to have 100% electric capability.
Park district officials at the meeting said they are also watching Illinois SB 3336, legislation that would create a statewide regulatory framework for low-speed electric bicycles and certain micro-mobility devices. Commissioners said the bill, as described in meeting notes, would limit local authority by requiring bicycle paths to allow e-bikes and other devices without giving park districts the ability to adopt stricter local rules.
Why it matters: Local officials said the bills would reduce municipal control over land use and park management at a time when cities are still assessing capacity and infrastructure needs. Prospect Heights commissioners asked staff to continue tracking developments at the state level and to share updates with the commission and the public.
Next steps: The commission did not take formal action on either bill during this meeting; staff and elected officials will continue to monitor legislative progress and report back to the commission as new information becomes available.
