A 1998 Intergovernmental Agreement (IGA) between DuPage County and the Forest Preserve District (FPD) exempts the FPD from County zoning. Although the FPD must comply with storm water regulations and building codes, the FPD is exempt from the usual zoning restrictions that would apply to private businesses seeking a permit for construction in Blackwell Forest Preserve. For example, the Mack Road section of Blackwell Forest Preserve is zoned residential, as is the surrounding neighborhood. The area’s infrastructure is designed to accommodate residential needs, such as two-lane roads with low weight restrictions for truck traffic. A company seeking to construct a large facility at this location would not be able to obtain a County permit due to the residential nature of the surrounding area.. The IGA allows the FPD to build their 26,000 sq. ft. Fleet Maintenance Facility at this site because it exempts the FPD from zoning regulations.
After extensive research and consultation with land-use attorneys, West-Win believes that the process by which the IGA was reached could have been illegal. Multiple attempts to address this issue with the County have not been successful. The DuPage County State’s Attorney maintains that documentation exists proving the IGA to be a legal agreement. West-Win has submitted several Freedom of Information Act (FOIA) requests for a copy of this documentation, without success. One FOIA request received a response indicating that “no such document exists.” Another response indicated that the “document is protected under attorney client privilege.”
West-Win continues to pursue this matter.