Monday, March 9, 2026

103: Zoning, Preemption, and Housing: Navigating the BUILD Plan

In this special meeting of Ancel Glink’s Quorum Forum podcast, attorneys Erin Monforti, David Silverman, and Greg Jones break down Governor Pritzker’s proposed BUILD Plan (Building up Illinois Development). This initiative intends to reduce costs and eliminate barriers to housing development, but it includes proposals that could significantly limit local authority over zoning, building codes, and fees. The team discusses what these potential statewide mandates could mean for the future of Illinois communities. Thoughts? Questions? Email us at podcast@ancelglink.com!

 

Highlights:

  • The BUILD Plan: An overview of the Governor’s February 2026 proposal to cut "bureaucratic red tape" through new legislative and regulatory standards.
  • "Middle Housing" Mandates: A look at bills that would require local governments to allow duplexes, triplexes, and townhomes in any area currently zoned for single-family homes.
  • Limits on Local Review: Discussion on provisions that would prevent municipalities from requiring special use permits or variances for middle housing if those same rules don’t apply to single-family homes.
  • Statewide Zoning Standards: The potential shift toward inflexible statewide rules for residential building heights, setbacks, and how much of a lot can be covered by a building.
  • Accessory Dwelling Units (ADUs): How proposed laws would normalize "granny flats" across the state, potentially making it easier for homeowners to get financing while increasing local density.
  • Standardizing Impact Fees: Assessing the move toward mandatory state formulas for school and park impact fees to make costs more predictable for developers.
  • Strict Permit Deadlines: New requirements for municipalities to complete plan reviews within 15 to 30 days, or else developers may hire their own third-party inspectors to do the work.
  • Public Comment: A critical update for FOIA officers regarding emails caught in spam filters. A recent court ruled that a request is considered "received" even if it is automatically quarantined by your IT system.

Upcoming Presentations:

  • APA-IL Virtual Plan Commissioner Training: Register for a virtual training hosted by the APA-IL on Wednesday, April 8, 2026.
  • APA-ISS Spring Conference: Join us Ancel Glink at the APA-ISS Spring Conference April 16-17 to discuss the BUILD plan and local zoning preemption.
  • The Legacy of Euclid 100 Years On: See David Silverman at the 2026 National Planning Conference in Detroit on Sunday, April 26, 2026, at 9:30 AM.
  • The Annual APA-CMS Bar Exam: Join Greg Jones and colleagues for the American Planning Association – Chicago Metro Section’s annual planning and zoning case law update on Wednesday, May 6, 2026, in Chicago.

Resources:

Credits:

This podcast is provided as a service to our public and private sector clients and friends. It is intended to provide timely general information of interest, but should not be considered a substitute for legal advice. Read our full disclaimer: www.ancelglink.com/disclaimers.

Resources:

Credits:

  • Chair: Erin M. Monforti
  • Featured Guests: David S. Silverman and Gregory W. Jones
  • Producer: Daniel J. Bolin
  • Executive Producer: Keri-Lyn Krafthefer
  • Engineers: Ricardo Perez and Matt Smith

This podcast is provided as a service to our public and private sector clients and friends. It is intended to provide timely general information of interest, but should not be considered a substitute for legal advice. Read our full disclaimer: www.ancelglink.com/disclaimers.