97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB5814

 

Introduced 2/16/2012, by Rep. Joe Sosnowski

 

SYNOPSIS AS INTRODUCED:
 
65 ILCS 5/11-13-26

    Amends the Illinois Municipal Code. In a Section concerning wind farms, provides that for renewable energy systems other than those used exclusively by an end user, a municipality's regulation may include a setback limitation on the device of a distance of no more than 1,000 feet from a residential zone, provided that the regulation is not inconsistent with another municipality's zoning regulation. Effective immediately.


LRB097 20530 KMW 66091 b

 

 

A BILL FOR

 

HB5814LRB097 20530 KMW 66091 b

1    AN ACT concerning local government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Municipal Code is amended by
5changing Section 11-13-26 as follows:
 
6    (65 ILCS 5/11-13-26)
7    Sec. 11-13-26. Wind farms.
8    (a) A municipality may regulate wind farms and
9electric-generating wind devices within its zoning
10jurisdiction and within the 1.5 mile radius surrounding its
11zoning jurisdiction. There shall be at least one public hearing
12not more than 30 days prior to a siting decision by the
13corporate authorities of a municipality. Notice of the hearing
14shall be published in a newspaper of general circulation in the
15municipality. A municipality may allow test wind towers to be
16sited without formal approval by the corporate authorities of
17the municipality. Test wind towers must be dismantled within 3
18years of installation. For the purposes of this Section, "test
19wind towers" are wind towers that are designed solely to
20collect wind generation data.
21    (b) A municipality may not require a wind tower or other
22renewable energy system that is used exclusively by an end user
23to be setback more than 1.1 times the height of the renewable

 

 

HB5814- 2 -LRB097 20530 KMW 66091 b

1energy system from the end user's property line. A setback
2requirement imposed by a municipality on a renewable energy
3system may not be more restrictive than as provided under this
4subsection. This subsection is a limitation of home rule powers
5and functions under subsection (i) of Section 6 of Article VII
6of the Illinois Constitution on the concurrent exercise by home
7rule units of powers and functions exercised by the State.
8    (c) For renewable energy systems other than those used
9exclusively by an end user, a municipality's regulation may
10include a setback limitation on the device of a distance of no
11more than 1,000 feet from a residential zone, provided that the
12regulation is not inconsistent with another municipality's
13zoning regulation.
14(Source: P.A. 95-203, eff. 8-16-07; 96-306, eff. 1-1-10.)
 
15    Section 99. Effective date. This Act takes effect upon
16becoming law.