Madison County, IL Right to Farm: Agricultural Zoning Protection (2026)
Key Facts
- District
- A Agricultural District, § 93.023, unincorporated only
- New dwelling
- 1 additional house per 40 additional acres
- Building setback
- 40 feet from any public roadway or easement
- Minimum home size
- 620 sq ft for non-farm dwellings
- Penalty
- $10-$500 fine per day, § 93.999
- Special uses
- Ag implement sales, livestock depots need Board approval
Summary
Unincorporated Madison County's A Agricultural District, governed by Zoning Code § 93.023, is built to keep nonagricultural development from crowding out farming. It caps new houses at one per 40 acres, sets a 40-foot building setback from roads, and lists row crops, livestock, beekeeping, nurseries and grain elevators as permitted uses in their own right.
(A) General. The A Agricultural District consists of areas where soil, water, vegetation, and topographical resources generally provide conditions well suited to the raising of crops and domestic animals and reflects those areas where agricultural land uses have traditionally existed. The district is designed to prevent the intrusion of nonagricultural land use and development that would hinder agricultural pursuits by reason of congestion on public roads, chemical and biological pollution of air and water resources, soil erosion, and the depletion of natural cover causing excessive runoff of storm water onto and across agricultural and. The district is designed to protect and preserve areas of high agricultural productivity and is intended to preserve conditions suitable to agricultural pursuits. ... (1) Lot size. (a) One additional single-family detached dwelling may be so located as a permitted use on the same tract for each additional 40 acres with a minimum of 100 feet between both structures.
Full Breakdown
023, which covers unincorporated land only: every incorporated city and village, including Edwardsville, Alton, Collinsville and Granite City, zones its own limits. 023(A) states the district 'consists of areas where soil, water, vegetation, and topographical resources generally provide conditions well suited to the raising of crops and domestic animals' and is 'designed to prevent the intrusion of nonagricultural land use and development that would hinder agricultural pursuits by reason of congestion on public roads, chemical and biological pollution of air and water resources, soil erosion,' and stormwater runoff.
023(B)(1)(a), a landowner may add one single-family detached dwelling for every additional 40 acres, with at least 100 feet between structures; adding more houses than that formula allows requires rezoning to a residential classification. 023(B)(2). Non-urban and non-farm homes must have at least 620 square feet of floor area. 023(C) lists permitted agricultural uses outright, including growing farm crops, truck garden crops, farm animal and poultry husbandry, beekeeping, nurseries, tree farms, sod farms, pasturage, viticulture and wholesale greenhouses, plus grain elevators and storage. 178.
Violations & Fines
Violating any provision of the Agricultural District regulations, including building without the required setback or adding more dwellings than the 40-acre formula allows, is punishable under § 93.999 by a fine of not less than $10 nor more than $500, with each day the violation continues after notification constituting a separate offense. The county or an affected property owner can also sue in Circuit Court to force removal of an unlawful structure or use.
Frequently Asked Questions
Does Madison County have a right-to-farm law?
How many houses can I build on agricultural land?
What setback applies to farm buildings?
What happens if I violate the Agricultural District rules?
Sources & Official References
Other rules in Madison County
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