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| | HB2988 Enrolled | - 2 - | LRB101 10750 AWJ 55868 b |
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1 | | Agricultural Impact Mitigation Act, must enter into an |
2 | | agricultural impact mitigation agreement with the Department |
3 | | of Agriculture prior to the date of the required public |
4 | | hearing. A commercial wind energy facility owner seeking an |
5 | | extension of a permit granted by a county prior to July 24, |
6 | | 2015 (the effective date of Public Act 99-132) must enter into |
7 | | an agricultural impact mitigation agreement with the |
8 | | Department of Agriculture prior to a decision by the county to |
9 | | grant the permit extension. Counties may allow test wind towers |
10 | | to be sited without formal approval by the county board. Any |
11 | | provision of a county zoning ordinance pertaining to wind farms |
12 | | that is in effect before August 16, 2007 (the effective date of |
13 | | Public Act 95-203) may continue in effect notwithstanding any |
14 | | requirements of this Section. |
15 | | A county may not require a wind tower or other renewable |
16 | | energy system that is used exclusively by an end user to be |
17 | | setback more than 1.1 times the height of the renewable energy |
18 | | system from the end user's property line. |
19 | | Only a county may establish standards for wind farms, |
20 | | electric-generating wind devices, and commercial wind energy |
21 | | facilities, as that term is defined in Section 10 of the |
22 | | Renewable Energy Facilities Agricultural Impact Mitigation |
23 | | Act, in unincorporated areas of the county outside of the |
24 | | zoning jurisdiction of a municipality and outside the 1.5 mile |
25 | | radius surrounding the zoning jurisdiction of a municipality.
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26 | | (Source: P.A. 99-123, eff. 1-1-16; 99-132, eff. 7-24-15; |