HB3746 Engrossed

LRB096 09982 RLJ 20146 b






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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 
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5-12020 as follows:
 
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    (55 ILCS 5/5-12020)
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    Sec. 5-12020. Wind farms.  A county may establish standards 
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for wind farms and electric-generating wind devices.  The 
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standards may include, without limitation, the height of the 
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devices and the number of devices that may be located within a 
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geographic area.  A county may also regulate the siting of wind 
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farms and electric-generating wind devices in unincorporated 
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areas of the county outside of the zoning jurisdiction of a 
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municipality and the 1.5 mile radius surrounding the zoning 
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jurisdiction of a municipality. There shall be at least one 
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public hearing not more than 30 days prior to a siting decision 
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by the county board.  Notice of the hearing shall be published 
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in a newspaper of general circulation in the county. Counties 
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may allow test wind towers to be sited without formal approval 
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by the county board.  Test wind towers must be dismantled within 
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3 years of installation.  For the purposes of this Section, 
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"test wind towers" are wind towers that are designed solely to 
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collect wind generation data.  Any provision of a county zoning 
 


 






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LRB096 09982 RLJ 20146 b




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ordinance pertaining to wind farms that is in effect before the 
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effective date of this amendatory Act of the 95th General 
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Assembly may continue in effect notwithstanding any 
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requirements of this Section.
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    A county may not require a wind tower or other renewable 
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energy system that is used exclusively by an end user to be 
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setback more than 1.1 times the height of the renewable energy 
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system from the end user's property line. 

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(Source: P.A. 95-203, eff. 8-16-07.)
 
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    Section 10. The Illinois Municipal Code is amended  by 
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changing Section 11-13-26 as follows:
 
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    (65 ILCS 5/11-13-26)
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    Sec. 11-13-26. Wind farms.   
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    (a) A municipality may regulate wind farms and 
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electric-generating wind devices within its zoning 
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jurisdiction and within the 1.5 mile radius surrounding its 
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zoning jurisdiction. There shall be at least one public hearing 
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not more than 30 days prior to a siting decision by the 
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corporate authorities of a municipality.  Notice of the hearing 
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shall be published in a newspaper of general circulation in the 
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municipality. A municipality may allow test wind towers to be 
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sited without formal approval by the corporate authorities of 
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the municipality.  Test wind towers must be dismantled within 3 
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years of installation.  For the purposes of this Section, "test 
 


 






HB3746 Engrossed
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wind towers" are wind towers that are designed solely to 
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collect wind generation data.

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    (b) A municipality may not require a wind tower or other 
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renewable energy system that is used exclusively by an end user 
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to be setback more than 1.1 times the height of the renewable 
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energy system from the end user's property line. A setback 
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requirement imposed by a municipality on a renewable energy 
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system may not be more restrictive than as provided under this 
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subsection. This subsection is a limitation of home rule powers 
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and functions under subsection (i) of Section 6 of Article VII 
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of the Illinois Constitution on the concurrent exercise by home 
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rule units of powers and functions exercised by the State. 
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(Source: P.A. 95-203, eff. 8-16-07.)