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| Public Act 099-0123 | ||||
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AN ACT concerning local government.
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Be it enacted by the People of the State of Illinois, | ||||
represented in the General Assembly:
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Section 5. The Counties Code is amended by changing Section | ||||
5-12020 as follows: | ||||
(55 ILCS 5/5-12020) | ||||
Sec. 5-12020. Wind farms. Notwithstanding any other | ||||
provision of law, a 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. 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 the effective date of this | ||||
amendatory Act of the 95th General Assembly 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.
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(Source: P.A. 95-203, eff. 8-16-07; 96-306, eff. 1-1-10; | ||
96-566, eff. 8-18-09; 96-1000, eff. 7-2-10.)
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Section 10. The Illinois Municipal Code is amended by | ||
changing Section 11-13-26 as follows: | ||
(65 ILCS 5/11-13-26) | ||
Sec. 11-13-26. Wind farms. Notwithstanding any other | ||
provision of law: | ||
(a) A municipality may regulate wind farms and | ||
electric-generating wind devices within its zoning | ||
jurisdiction and within the 1.5 mile radius surrounding its | ||
zoning jurisdiction. There shall be at least one public hearing | ||
not more than 30 days prior to a siting decision by the | ||
corporate authorities of a municipality. Notice of the hearing | ||
shall be published in a newspaper of general circulation in the | ||
municipality. A municipality may allow test wind towers to be | ||
sited without formal approval by the corporate authorities of | ||
the municipality. Test wind towers must be dismantled within 3 | ||
years of installation. For the purposes of this Section, "test | ||
wind towers" are wind towers that are designed solely to | ||
collect wind generation data.
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(b) A municipality 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. A setback | ||
requirement imposed by a municipality on a renewable energy | ||
system may not be more restrictive than as provided under this | ||
subsection. This subsection is a limitation of home rule powers | ||
and functions under subsection (i) of Section 6 of Article VII | ||
of the Illinois Constitution on the concurrent exercise by home | ||
rule units of powers and functions exercised by the State. | ||
(Source: P.A. 95-203, eff. 8-16-07; 96-306, eff. 1-1-10.) | ||