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Public Act 101-0004
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| HB2988 Enrolled | LRB101 10750 AWJ 55868 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 |
5-12020 as follows:
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(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 |
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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; |