If you live in Frankfort, Mokena, Tinley Park or another southwest suburb, many of the rules controlling what can be built in your neighborhood are decided close to home.

Your village decides where different types of housing can go, how much parking a development may need, what setbacks are required, whether certain projects need a public hearing, and many of the other rules that shape how a community grows.

This spring, Illinois lawmakers considered a housing package that would have moved some of those decisions away from individual towns and replaced them with statewide rules.

The proposal was called the Building Up Illinois Developments plan, better known as BUILD. Its main House bill, HB 5626, did not pass before lawmakers left Springfield this spring.

But that does not mean the issue disappeared.

The bill remains pending, local officials continue to warn about the loss of local control, and a separate housing bill that Frankfort officials were watching actually became Illinois law in July.

Quick Summary

  • Illinois' BUILD housing plan would create statewide rules affecting local zoning, housing density, accessory apartments, parking, development reviews and some developer fees.
  • Under HB 5626, some residential lots where single-family homes are allowed could also qualify for multiple housing units based on lot size.
  • The proposal would require towns to allow accessory dwelling units, such as backyard cottages, garage apartments and some basement apartments, in areas that allow single-family homes.
  • The bill would limit how much parking a municipality could require for certain new housing.
  • Some qualifying housing projects could move forward without the type of special-use hearing or discretionary approval that residents may be familiar with today.
  • Frankfort, Mokena and Tinley Park officials were among the suburban leaders who publicly pushed back against the proposal.
  • HB 5626 did not pass and remains in the Illinois House Rules Committee as of August 9, 2026.
  • A separate housing measure, HB 4571, did pass and became Illinois law on July 10.
The Simple Version: Springfield was not trying to approve one particular apartment building or development in Frankfort, Mokena or Tinley Park. The larger issue is who writes the rules. BUILD would create statewide requirements that could limit how much control individual towns have over certain types of new housing.

What Could BUILD Actually Change Around Here?

The legislative language is long and full of terminology most people will never have a reason to use in normal life.

The practical question is much simpler: if BUILD became law, what could be different in a southwest suburban neighborhood?

There are several major pieces.

More Housing Could Be Allowed on Some Residential Lots

One of the biggest proposed changes involves what is commonly called "middle housing." That includes duplexes, triplexes, four-unit buildings and small groups of homes arranged together.

Under HB 5626, municipalities would have to allow a certain number of housing units on residential lots where detached single-family homes are already permitted.

Lot Size What the Proposal Would Require Towns to Allow
2,500 square feet or less At least one detached single-family home
More than 2,500 to 5,000 square feet Up to 4 housing units
More than 5,000 to 7,500 square feet Up to 6 housing units
More than 7,500 square feet Up to 8 housing units, including qualifying cottage-style developments
What This Does Not Mean: It does not mean every larger residential lot would suddenly have six or eight homes built on it. Property owners would still decide whether to build, and projects would still have to meet applicable building and safety rules. The important change is that a municipality could not use its zoning rules to reduce the number of units below the statewide minimum allowed by the bill.

What Does "As of Right" Mean?

This is one of those government phrases that sounds much more complicated than it needs to be.

HB 5626 says certain qualifying housing would be allowed "as of right."

In normal language, that means a property owner or developer who meets the clear requirements would not have to convince a village board or zoning commission to make a special exception for the project.

For qualifying middle housing, the proposal would generally prevent municipalities from requiring additional discretionary reviews such as special-use permits, planned developments, public hearings or subjective design reviews unless the same review also applies to detached single-family homes.

Building codes, safety requirements and other objective rules would still apply.

What changes is the ability of a local board to say, "We want to review this particular project before deciding whether it belongs here."

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Backyard Apartments and Other ADUs Would Have to Be Allowed

Another major part of BUILD involves accessory dwelling units, usually shortened to ADUs.

An ADU is basically a second independent living space on the same property as a single-family home.

It could be a backyard cottage, an apartment above or inside a garage, a converted basement, an attached addition or another separate living area with its own space for sleeping, cooking and a bathroom.

HB 5626 would require municipalities to allow one ADU on properties in zoning districts that permit single-family homes.

The municipality could not require the people living in the ADU to be related to the people living in the main house. The proposal would also restrict towns from imposing additional design, lot-size or setback requirements simply because an ADU was being added.

Supporters see ADUs as a relatively simple way to create additional housing and give homeowners another option for aging parents, adult children, renters or additional income.

Local officials opposing the state mandate argue that towns should be able to decide for themselves where and under what conditions those additional living units make sense.

The State Would Also Limit Local Parking Requirements

Parking may sound like a small part of a huge housing proposal, but it became one of the issues suburban officials repeatedly raised.

Under HB 5626, municipalities generally could not require more than one parking space for a single-family home or more than one-half of a parking space per multifamily housing unit.

Certain smaller residences and other qualifying developments could not be subject to a local minimum parking requirement at all.

That Is a Limit on What the Town Can Require

The proposal would not prohibit a homeowner or developer from building additional parking. It would limit how much parking the local government could require as a condition of approving the housing.

Suburban officials have warned that parking standards can affect street congestion, snow removal, emergency access and the way higher-density housing fits into an existing neighborhood.

Supporters of BUILD argue that requiring large amounts of parking can increase construction costs and consume land that could otherwise be used for housing.

BUILD Would Also Change Parts of the Development Process

There are other pieces of the legislation that are less visible to homeowners but matter to how developments get approved.

The proposal creates deadlines for municipal reviews and inspections. If a town misses certain deadlines, a developer could eventually use qualified third-party reviewers or inspectors instead of continuing to wait for the municipality.

BUILD would also standardize how certain fees charged to new residential developments are calculated.

Those fees matter because new development can require additional roads, water and sewer capacity, stormwater improvements and other public infrastructure.

Local officials argue that communities need flexibility because the cost of accommodating new development can vary dramatically from one town to another.

Why Is Springfield Pushing This?

The state's argument is also fairly straightforward: Illinois needs more housing, and Governor JB Pritzker's administration believes some local rules make building that housing slower and more expensive than it needs to be.

The administration has promoted BUILD as part of a larger housing affordability plan designed to increase housing supply, reduce development delays and allow more types of housing to be built.

The governor's plan also included $250 million in proposed housing, infrastructure and homeownership investments.

From Springfield's perspective, allowing duplexes, triplexes, four-unit buildings and accessory apartments in more places could increase the number of available homes without requiring every new housing project to be a large apartment complex.

So the disagreement is not simply "Springfield wants housing and the suburbs don't."

Southwest suburban officials have repeatedly said they support creating more housing. Their objection is to the state deciding which housing types every community must allow and limiting the rules local governments can use.

Frankfort, Mokena and Tinley Park All Pushed Back

The opposition was not limited to one town.

Local governments across the Chicago suburbs organized against the proposal during the spring legislative session, arguing that housing decisions should remain closer to the residents affected by them.

Frankfort

On April 6, 2026, the Frankfort Village Board approved Resolution No. 26-10 in support of preserving municipal housing authority.

The resolution urged the Illinois General Assembly and Governor to preserve the ability of municipalities to control local land use and zoning without additional state restrictions.

Mokena

On April 13, the Mokena Village Board formally adopted a resolution opposing the BUILD Illinois legislation and HB 5626.

Tinley Park

At Tinley Park's April 21 Village Board meeting, Trustee Ken Shaw criticized the proposed state mandates and urged residents to contact state lawmakers.

"State of Illinois, as I said, state of Illinois can't run itself and they want to run every community in town."

Shaw's comment was his criticism of the proposal, not a neutral description of the legislation. But it captures how strongly some local officials viewed the shift in authority toward Springfield.

Why Local Officials Say This Matters

A town does more than decide whether a building looks nice or whether residents like a particular development.

Growth can affect roads, sewer systems, water capacity, stormwater drainage, fire and emergency services, traffic and local schools.

At a suburban mayors' press conference opposing BUILD, local leaders repeatedly argued that those conditions are different from one community to another.

A town with available sewer capacity, wide roads and nearby transit may be able to handle a development differently from a community where the infrastructure is already strained.

That is the heart of the local-control argument.

It is not necessarily an argument against building more homes. It is an argument over whether Springfield should establish minimum housing rules for the entire state or whether individual communities should continue making more of those decisions themselves.

So What Happened to the BUILD Act?

For all the attention BUILD received this spring, HB 5626 never became law.

The bill was introduced in the Illinois House on February 18 and referred to the House Rules Committee the following day.

It remains there as of August 9, 2026.

There was no final House vote rejecting HB 5626, and there was no vote approving it.

For residents who do not follow the Illinois legislature, the important distinction is simple:

The proposal stalled. It was not enacted, but it was not permanently killed either.

Current Status: HB 5626 has not passed. It remains pending in the Illinois House Rules Committee. Illinois lawmakers return for veto session on November 17-19 and December 1-3, 2026, but there is currently no confirmed schedule showing HB 5626 will receive a vote during that session.

Another Housing Bill Frankfort Was Watching Did Become Law

While BUILD received much of the attention, another housing proposal raised concerns in Frankfort later in the spring.

House Bill 4571 gives certain large counties additional powers to create or preserve affordable housing.

Governor Pritzker approved the bill on July 10, 2026, and it became Public Act 104-0554 that same day.

The law allows qualifying counties to acquire property for affordable housing, transfer property to other government bodies, lease or sell certain property below market value for qualifying housing, and work through county land banks or land trusts.

The law is written to include counties with a county-executive form of government and a population between 650,000 and 2 million. Will County falls within that category.

Frankfort Mayor Keith Ogle had raised concerns about HB 4571 before it became law because of what he believed expanded county housing powers could eventually mean for municipal control.

An Important Distinction: HB 4571 should not be described as giving Will County unlimited power to ignore Frankfort, Mokena or another municipality's zoning rules. The law expands county housing powers, but it does not contain a blanket provision wiping out municipal zoning authority.

Why This Is Worth Watching in the Southwest Suburbs

For most residents, the important part of this story is not HB numbers, committee assignments or legislative procedure.

It is much closer to home than that.

Who decides whether a lot that has traditionally been used for one house can accommodate several homes?

Who decides whether accessory apartments should be allowed throughout single-family neighborhoods?

Who decides how much parking a new development should provide?

Who decides what developers should contribute toward the infrastructure needed to support additional housing?

Today, many of those decisions are made locally. BUILD would move some of those decisions into statewide law.

There is a legitimate housing problem behind the debate. Housing has become increasingly difficult to afford, and adding supply is part of that conversation.

There is also a legitimate question about whether the same housing rules make sense in every community from Chicago to Frankfort to a small town elsewhere in Illinois.

That is why this issue did not disappear when BUILD stalled in the spring.

The bigger fight is still unresolved: when Springfield and your local community disagree about how your neighborhood should grow, who should get the final say?

I will update this article if HB 5626 begins moving again, if a replacement proposal is introduced, or if additional state housing legislation changes the rules affecting southwest suburban communities.


Common Questions About the BUILD Act and Local Zoning

Did the Illinois BUILD Act pass?

No. HB 5626, the main House bill containing the BUILD housing provisions, remains in the Illinois House Rules Committee as of August 9, 2026. It has not become law.

Could BUILD allow multiple homes on a lot currently zoned for single-family housing?

Yes. HB 5626 proposes statewide minimum housing allowances based on lot size in residential districts where detached single-family homes are permitted. Depending on the size of the lot, the proposal could require municipalities to allow up to four, six or eight housing units.

Does that mean every large residential lot would become an apartment building?

No. The proposal would change what a property owner could potentially be allowed to build. It would not require an owner to redevelop the property, and applicable building and safety requirements would still apply.

What is an accessory dwelling unit?

An accessory dwelling unit, or ADU, is a second independent living space located on the same property as a primary home. Examples can include a backyard cottage, garage apartment, basement apartment or attached living space.

Would BUILD eliminate all local zoning control?

No. Municipalities would continue to have zoning, building and safety responsibilities. The proposal would, however, limit local authority in several specific areas by establishing statewide minimum housing rights, parking limits, ADU requirements and restrictions on certain discretionary reviews.

Why did Frankfort, Mokena and Tinley Park oppose the proposal?

Local officials argued that individual communities should retain more authority over housing density, parking, infrastructure planning, development reviews and other land-use decisions. They also argued that communities throughout Illinois have different infrastructure and development needs.

Did HB 4571 become law?

Yes. Governor Pritzker approved HB 4571 on July 10, 2026. It became Public Act 104-0554 and gives qualifying counties additional tools to acquire, transfer and use property for affordable housing efforts.

Can Will County now ignore village zoning because of HB 4571?

The new law does not contain a blanket provision allowing Will County to ignore municipal zoning. It expands county affordable-housing powers, which is why some local officials raised concerns, but those concerns should not be confused with an automatic elimination of village zoning authority.

Is HB 5626 scheduled for a vote during the fall veto session?

Not at this time. The Illinois General Assembly is scheduled to meet November 17-19 and December 1-3, 2026, but no confirmed schedule currently shows HB 5626 receiving a vote during those dates.

Sources and Public Records

Legislative status was checked August 9, 2026. Proposed provisions described in this article are not current Illinois law unless specifically identified as enacted. HB 5626 can be amended, replaced or advanced in a different form, so the details should be rechecked if the legislation begins moving again.