Will County Legislative Committee Unanimously Approves Resolution Related To Solar Farms

The Will County Legislative Committee voted unanimously – 6 to 0 – to approve a resolution restoring local control to County Boards in Illinois – related to the location and development of Commercial Solar Facilities. The proposal was put forth by Joe VanDuyne,
Will County Board Speaker, who spoke with Scott Slocum during “Slocum in the Morning” Tuesday. The measure’s goal is to bring rules related to solar farms back to local jurisdiction, from the State’s purview.

The Resolution now goes before the full Will County Board for a vote later this month.

The full Resolution reads:

RESOLUTION OF THE COUNTY BOARD
WILL COUNTY, ILLINOIS

Restoring Local Control to County Boards in Illinois Related to the Location and

Development of Commercial Solar Facilities

WHEREAS, County Boards have the authority under the Illinois Counties Code
(55 ILCS 5/) to create zoning ordinances and to consider special use permits that
regulate the appropriate location and development of residential and commercial
projects in unincorporated areas under their jurisdiction; and

WHEREAS, the Will County Board, like County Boards across Illinois, has
judiciously used this authority and has worked closely with municipalities to respect
comprehensive planning and to protect precious farmland from inappropriate
commercial or industrial development; and

WHEREAS, the location and development of commercial solar energy facilities in
Will County have been regulated through the approval of Special Use Permits; and

WHEREAS, local elected officials, including Will County Board Members and
municipal leaders, offer the best perspective on where commercial solar facilities fit in
their communities; and

WHEREAS, the Illinois General Assembly, through prior amendments to 55 ILCS
5/5-12020 and the adoption of Public Act 104-0458, stripped County Boards of this
critical local oversight authority related to commercial solar energy facilities, leaving
them powerless to plan for future growth, or to address the concerns of local residents,
or to protect local farmland and open space; and

WHEREAS, the seizure of this local authority through prior amendments to 55
ILCS 5/5-12020 and Public Act 104-0458 has placed the decision-making power in the
hands of the developers of commercial solar facilities, who now have free rein to choose
where to locate these developments against the wishes of County Boards, local leaders,
and local residents; and

WHEREAS, local mayors and the citizens of neighboring municipalities have
urged the County Board to reject commercial solar energy facilities that jeopardize
careful planning for residential and commercial development, as well as for the
protection of farmland and open space; and

WHEREAS, the Will County Board is not averse to commercial solar energy
facilities and has approved solar projects that fit into community development plans; and

WHEREAS, the hijacking of this local authority by the state is an example of
government overreach that disrespectsstrips the authority of local elected officials and
the community members they represent.

NOW, THEREFORE, BE IT RESOLVED, that the Will County Board urges the
General Assembly to repeal or amend provisions of 55 ILCS 5/5-12020 and in Public
Act 104-0458 that limit its authority to review and approve commercial solar energy
facilities. These include specifically, but are not limited to, the following sections:
 55 ILCS 5/5-12020 (b) “A county may also regulate the siting of commercial solar
energy facilities with standards that are not more restrictive than the
requirements specified in this Section in unincorporated areas of the county that
are outside of the zoning jurisdiction of a municipality.”
 55 ILCS 5/5-12020 (g) “A county may not place any restriction on the installation
or use of a commercial wind energy facility or a commercial solar energy facility
unless it adopts an ordinance that complies with this Section. A county may not
establish siting standards for supporting facilities that preclude development of
commercial wind energy facilities or commercial solar energy facilities. A request
for siting approval or a special use permit for a commercial wind energy facility or
a commercial solar energy facility, or modification of an approved siting or special
use permit, shall be approved if the request is in compliance with the standards
and conditions imposed in this Act, the zoning ordinance adopted consistent with
this Act Code, and the conditions imposed under State and federal statutes and
regulations.”
 55 ILCS 5/5-12020 (h) “A county may not adopt zoning regulations that disallow,
permanently or temporarily, commercial wind energy facilities or commercial
solar energy facilities from being developed or operated in any district zoned to
allow agricultural or industrial uses.”

BE IT FURTHER RESOLVED, that a certified copy of this resolution be sent to
Governor J.B. Pritzker, the President of the Illinois Senate, the Speaker of the Illinois
House of Representatives, and all members of the Illinois General Assembly
representing Will County.

BE IT FURTHER RESOLVED, that the Preamble of this Resolution is hereby
incorporated as if fully set forth herein; and this Resolution shall be in full force and
effect upon its passage and approval as provided by law.