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IL HB4459

IL HB4459
LOCAL GOVT OPEN BURN PERMIT


summary

Introduced
01/15/2026
In Committee
01/20/2026
Crossed Over
Passed
Dead

Introduced Session

104th General Assembly

Bill Summary

Creates the Local Government Open Burn Permit Act. Provides that any county or municipality may adopt ordinances or resolutions establishing requirements for permits issued by it under the Act and may enter into intergovernmental agreements to implement the Act. Allows the Environmental Protection Agency to propose and the Pollution Control Board to adopt rules. Requires any person seeking to perform an open burn in a municipality or county to obtain a local government open burn permit from the municipality or county, respectively, where the burn is taking place in addition to any applicable open burn permit from the Illinois Environmental Protection Agency under the Environmental Protection Act and rules adopted under that Act. Requires every county and municipality to create an online publicly-accessible platform that contains certain information. Provides that municipalities and counties may charge up to $5 for each local government open burn permit, with the proceeds to be used for fire protection purposes. Provides for enforcement by a State's Attorney or the Attorney General, or a city attorney for ordinance violations authorized by the Act, and for a penalty of up to $100,000 for a person who conducts an open burn without a local government open burn permit, and a penalty of up to $500,000 for a person who conducts an open burn on a no burn day without a local government open burn permit. Limits home rule powers and functions. Defines terms. Effective immediately.

AI Summary

This bill, titled the Local Government Open Burn Permit Act, requires individuals to obtain a local government open burn permit from the municipality or county where an open burn is to take place, in addition to any existing permit from the Illinois Environmental Protection Agency (IEPA). This new permit requirement applies to various types of open burning, including for fire fighter training, landscape waste burning, prairie burns, and disaster debris burning. Counties and municipalities are empowered to create their own rules for these permits, enter into agreements to implement the Act, and can charge a fee of up to $5 per permit, with the proceeds designated for fire protection. The bill mandates that all counties and municipalities establish an online platform with an application form for these permits, a list of "no burn days" (days when open burning is restricted due to safety concerns), and a way for the public to report violations. The IEPA is authorized to propose rules, and the Pollution Control Board can adopt them to administer the Act. Penalties for violations include civil fines of up to $100,000 for burning without a local permit on a non-restricted day, and up to $500,000 for burning without a local permit on a restricted day, with enforcement by State's Attorneys, the Attorney General, or city attorneys. The bill also limits the ability of home rule units (counties and municipalities with self-governance powers) to enact regulations inconsistent with this Act.

Sponsors (1)

Last Action

Referred to Rules Committee (on 01/20/2026)

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