St. Clair County, IL Right to Farm: Agricultural Zoning Protection (2026)

Section 40-1-13, Agricultural Exemption, states that the zoning code "shall not be exercised or administered to impose regulations with respect to the erection, maintenance, repair, alterations, remodeling or extensions of buildings or structures" used by someone "engaged primarily in the occupation of agriculture" on land used for agricultural purposes, citing 55 ILCS 5/5-12001. The only carve-out: agricultural buildings still must conform to the code's building setback lines, and any permit issued for that construction is free of charge. The exemption is not permanent for a whole tract: if part of a parcel stops being used solely for agriculture, the full zoning code applies to that part again.

Section 40-1-14 draws the line for construction that is not farm use: in the "A" Agricultural Industry District, a building permit is required for every residential dwelling and for any other building or structure not used or intended exclusively for agricultural activities. The district itself is described in Section 40-4-1 as covering "prime and important farmland" that the County Board has committed to conserve through its Comprehensive Plan and this Zoning Code, recognizing agriculture's continuing role in the county's economy. Certain rezonings or special permits touching the Ag district also trigger Section 40-1-15's Land Evaluation and Site Assessment (LESA) requirement before a public hearing can be held.

Enforcement of the zoning code generally runs through the Zoning Administrator under Article XI: a corrective action order is issued for any violation, with an opportunity for a conference and an appeal.