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.