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| Public Act 101-0004 | ||||
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AN ACT concerning local government.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Counties Code is amended by changing Section | ||||
5-12020 as follows: | ||||
(55 ILCS 5/5-12020) | ||||
Sec. 5-12020. Wind farms, electric-generating wind | ||||
devices, and commercial wind energy facilities. | ||||
Notwithstanding any other provision of law or whether the | ||||
county has formed a zoning commission and adopted formal zoning | ||||
under Section 5-12007, a county may establish standards for | ||||
wind farms and electric-generating wind devices. The standards | ||||
may include, without limitation, the height of the devices and | ||||
the number of devices that may be located within a geographic | ||||
area. A county may also regulate the siting of wind farms and | ||||
electric-generating wind devices in unincorporated areas of | ||||
the county outside of the zoning jurisdiction of a municipality | ||||
and the 1.5 mile radius surrounding the zoning jurisdiction of | ||||
a municipality. There shall be at least one public hearing not | ||||
more than 30 days prior to a siting decision by the county | ||||
board. Notice of the hearing shall be published in a newspaper | ||||
of general circulation in the county. A commercial wind energy | ||||
facility owner, as defined in the Renewable Energy Facilities | ||||
Agricultural Impact Mitigation Act, must enter into an | ||
agricultural impact mitigation agreement with the Department | ||
of Agriculture prior to the date of the required public | ||
hearing. A commercial wind energy facility owner seeking an | ||
extension of a permit granted by a county prior to July 24, | ||
2015 (the effective date of Public Act 99-132) must enter into | ||
an agricultural impact mitigation agreement with the | ||
Department of Agriculture prior to a decision by the county to | ||
grant the permit extension. Counties may allow test wind towers | ||
to be sited without formal approval by the county board. Any | ||
provision of a county zoning ordinance pertaining to wind farms | ||
that is in effect before August 16, 2007 (the effective date of | ||
Public Act 95-203) may continue in effect notwithstanding any | ||
requirements of this Section. | ||
A county may not require a wind tower or other renewable | ||
energy system that is used exclusively by an end user to be | ||
setback more than 1.1 times the height of the renewable energy | ||
system from the end user's property line. | ||
Only a county may establish standards for wind farms, | ||
electric-generating wind devices, and commercial wind energy | ||
facilities, as that term is defined in Section 10 of the | ||
Renewable Energy Facilities Agricultural Impact Mitigation | ||
Act, in unincorporated areas of the county outside of the | ||
zoning jurisdiction of a municipality and outside the 1.5 mile | ||
radius surrounding the zoning jurisdiction of a municipality.
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(Source: P.A. 99-123, eff. 1-1-16; 99-132, eff. 7-24-15; | ||
99-642, eff. 7-28-16; 100-598, eff. 6-29-18.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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