Winnebago County, IL Right to Farm: Agricultural Zoning Protection (2026)
Key Facts
- Governing districts
- AG, A-1, A-2 and OS (Article 7)
- New dwelling limit
- 1 per quarter-quarter section without special use
- CAFO setback
- 1,320 feet from a 50-animal-unit feedlot
- Deed restriction
- 99 years to add a second AG District home
- Non-ag minimum lot
- 25,000 sq ft; none for agricultural use
- Max fine
- $500 per offense, weekly for continuing violations
- Enforcer
- Winnebago County Planning and Zoning Officer
Summary
Winnebago County zones unincorporated farmland into four Agricultural and Open Space Districts built to keep land in production. UDO Sec. 7.1 states the ordinance is not intended to regulate or hinder agriculture, while the AG Agricultural Priority District protects farmland from incompatible residential development under the county's 55 ILCS 5/5-12001 zoning authority, since Illinois townships do not zone unincorporated land themselves.
E. Promote the best use and development of agricultural land in accordance with the Winnebago County 2030 Land Resource Management Plan, and to promote stability of agricultural development, and ensure that land in Winnebago County best-suited for farming is retained for such production. F. This Ordinance is in no way intended to regulate nor hinder production of agriculture within the areas in which it applies. ... 7.2.1 Purpose. The AG Agricultural Priority District is intended to promote and protect agricultural land and the agricultural industry which is vitally important to Winnebago County's economy. The standards of the AG District are to protect and promote the continuation of farming, and to protect agricultural land uses from incompatible residential developments.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 64).
Full Breakdown
The Unified Development Ordinance (Chapter 90) puts unincorporated Winnebago County farmland into four zones under Article 7: AG Agricultural Priority, A-1 Agricultural, A-2 Agriculture-Related Business and OS Open Space. Sec. 7.1 tells the Planning and Zoning Division the ordinance exists to prevent conversion of agricultural land to scattered residential development and is 'in no way intended to regulate nor hinder production of agriculture within the areas in which it applies.' Table 7.2 sets no minimum lot area for an agricultural use in any of the four districts, subject only to the State Plat Act and health-department septic and well rules, while non-agricultural uses need at least 25,000 square feet.
New housing is limited to protect that base: only one single-family dwelling is permitted per vacant quarter-quarter section in the AG, A-1 and A-2 Districts (Sec. 7.7.2.A), and it must sit at least 1,320 feet from any feedlot or concentrated animal feeding operation of 50 animal units or more. A second dwelling in the AG District requires clear and convincing evidence that 80 percent of the new lot is non-prime farmland, plus a recorded deed restriction that locks the adjacent quarter-quarter section into agricultural use for 99 years, releasable by the County Board only if the approved home no longer exists.
The Planning and Zoning Officer (Sec. 6.1) enforces the Ordinance and may call on the State's Attorney or County Sheriff. Violations carry a fine of up to $500 per offense (Sec. 6.3), with each week of continued violation counted separately, and the Officer can revoke a permit for false representation or noncompliance (Sec. 6.4). Enforcement decisions go to the Zoning Board of Appeals on appeal (Sec. 6.5), then to circuit court under the Illinois Administrative Review Act, 735 ILCS 5/3-101.
Violations & Fines
Building without required zoning clearance, adding a second farmhouse without the 1,320-foot CAFO setback and 99-year deed restriction, or ignoring the special-use process for a second dwelling are the most common violations. The Planning and Zoning Officer can issue a stop-work notice, revoke a permit under Sec. 6.4, and refer the case to the State's Attorney; each conviction carries up to a $500 fine, with every week the violation continues charged as a separate offense under Sec. 6.3.
Frequently Asked Questions
Does Winnebago County zoning restrict how I farm my own land?
Can I build a second house on my agricultural parcel?
What is the minimum lot size for farmland in these districts?
Who enforces the agricultural zoning rules and what's the penalty?
Sources & Official References
Other rules in Winnebago County
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