Enabling statute

Illinois

Illinois Municipal Code, Article 11, Division 13 (Zoning); and Counties Code, Division 5-12 (Regional Planning Commission and County Zoning)

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Summary

Illinois follows the Standard State Zoning Enabling Act lineage, delegating zoning power to local governments rather than exercising it at the state level. Municipalities (cities, villages, incorporated towns) receive zoning authority under the Illinois Municipal Code, 65 ILCS 5/11-13-1 et seq. (Article 11, Division 13), while counties receive authority to zone unincorporated areas under the Counties Code, 55 ILCS 5/5-12001 et seq. County zoning applies only outside the limits of municipalities that have their own zoning ordinances, so municipal authority is generally paramount within city/village boundaries. Additionally, home rule units (under Article VII, Section 6 of the 1970 Illinois Constitution — generally municipalities over 25,000 and counties with an elected chief executive, such as Cook County) possess broad inherent powers including zoning that do not depend on these enabling statutes, though the statutory provisions remain the primary enabling framework for non-home-rule units.

The delegation

65 ILCS 5/11-13-1 (Municipal zoning — grant of power): "To the end that adequate light, pure air, and safety from fire and other dangers may be secured, that the taxable value of land and buildings throughout the municipality may be conserved, that congestion in the public streets may be lessened or avoided, that the hazards to persons and damage to property resulting from the accumulation or runoff of storm or flood waters may be lessened or avoided, and that the public health, safety, comfort, morals, and welfare may otherwise be promoted, and to insure and facilitate the preservation of sites, areas, and structures of historical, architectural and aesthetic importance; the corporate authorities in each municipality have the following powers:" [The section then enumerates the specific powers, including: to regulate and limit the height and bulk of buildings; to establish setback lines; to classify, regulate and restrict the location of trades and industries and the location of buildings designed for specified uses; to divide the entire municipality into districts; to fix standards to which buildings shall conform; and to prohibit uses incompatible with the character of such districts.] ---- 55 ILCS 5/5-12001 (County zoning — grant of power): "For the purpose of promoting the public health, safety, morals, comfort and general welfare, conserving the values of property throughout the county, lessening or avoiding congestion in the public streets and highways, and lessening or avoiding the hazards to persons and damage to property resulting from the accumulation or runoff of storm or flood waters, the county board or board of county commissioners, as the case may be, of each county, shall have the power to regulate and restrict the location and use of buildings, structures and land for trade, industry, residence and other uses which may be specified by such board, to regulate and restrict the intensity of such uses, to establish building or setback lines on or along any street, trafficway, drive, parkway or storm or floodwater runoff channel or basin outside the limits of cities, villages and incorporated towns which have in effect municipal zoning ordinances ... and for said purposes to divide the entire county outside the limits of such cities, villages and incorporated towns into districts of such number, shape, area and of such different classes ... as may be deemed best suited to carry out the purposes of this Division."

Verification

Read the verification audit

Citations and authority_model are correct, but the Counties Code DIVISION TITLE in the claim is wrong, so I set verified=false per the strict standard. VERIFIED CORRECT: (a) Both citations are real and current statutes. 65 ILCS 5/11-13-1 exists (confirmed on official ilga.gov and Justia 2025 code) as the start of the Illinois Municipal Code, Article 11, Division 13, headed "Zoning." 55 ILCS 5/5-12001 exists (confirmed on ilga.gov official document page and FindLaw/Justia 2025 code) as the start of the Counties Code, Division 5-12, headed "Zoning." (b) These ARE genuinely the zoning enabling authorities. 65 ILCS 5/11-13-1 et seq. grants municipalities zoning power; 55 ILCS 5/5-12001 et seq. grants county boards power to zone unincorporated areas outside cities/villages/incorporated towns that have their own zoning ordinances, and municipal ordinances supersede county zoning within municipal limits — matching the claim's summary exactly. Section 11-13-1 also confirms a municipality may not exercise Division 13 powers outside its corporate limits if the county has adopted county zoning. (c) authority_model = county_and_municipal (home_rule) is ACCURATE. Zoning is delegated to both municipalities and counties via these statutes (Standard State Zoning Enabling Act lineage). Home rule under Art. VII, Sec. 6 of the 1970 Illinois Constitution is correctly described: home rule units are counties with an elected chief executive (e.g., Cook County) and municipalities over 25,000 population (others may opt in by referendum), and they hold broad inherent powers including zoning independent of these enabling statutes. ERROR FOUND (reason for verified=false): The claimed title states the Counties Code provision is "Division 5-12 (Regional Planning Commission and County Zoning)." This is incorrect. Division 5-12 of the Counties Code is titled simply "Zoning." "Regional Planning" is a SEPARATE division — Division 5-14 (55 ILCS 5/Div. 5-14, "Regional Planning"). The phrase "Regional Planning Commission and County Zoning" conflates two distinct divisions. The section number (5-12001), chapter (55 ILCS 5), and substantive authority are all correct; only the division heading label is wrong.