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| 1 | AN ACT concerning local government.
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| 2 | Be it enacted by the People of the State of Illinois, | ||||||
| 3 | represented in the General Assembly:
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| 4 | Section 5. The Counties Code is amended by changing Section | ||||||
| 5 | 5-12020 as follows: | ||||||
| 6 | (55 ILCS 5/5-12020) | ||||||
| 7 | Sec. 5-12020. Wind farms. Notwithstanding any other | ||||||
| 8 | provision of law, a A county may establish standards for wind | ||||||
| 9 | farms and electric-generating wind devices. The standards may | ||||||
| 10 | include, without limitation, the height of the devices and the | ||||||
| 11 | number of devices that may be located within a geographic area. | ||||||
| 12 | A county may also regulate the siting of wind farms and | ||||||
| 13 | electric-generating wind devices in unincorporated areas of | ||||||
| 14 | the county outside of the zoning jurisdiction of a municipality | ||||||
| 15 | and the 1.5 mile radius surrounding the zoning jurisdiction of | ||||||
| 16 | a municipality. There shall be at least one public hearing not | ||||||
| 17 | more than 30 days prior to a siting decision by the county | ||||||
| 18 | board. Notice of the hearing shall be published in a newspaper | ||||||
| 19 | of general circulation in the county. Counties may allow test | ||||||
| 20 | wind towers to be sited without formal approval by the county | ||||||
| 21 | board. Any provision of a county zoning ordinance pertaining to | ||||||
| 22 | wind farms that is in effect before the effective date of this | ||||||
| 23 | amendatory Act of the 95th General Assembly may continue in | ||||||
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| 1 | effect notwithstanding any requirements of this Section. | ||||||
| 2 | A county may not require a wind tower or other renewable | ||||||
| 3 | energy system that is used exclusively by an end user to be | ||||||
| 4 | setback more than 1.1 times the height of the renewable energy | ||||||
| 5 | system from the end user's property line.
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| 6 | (Source: P.A. 95-203, eff. 8-16-07; 96-306, eff. 1-1-10; | ||||||
| 7 | 96-566, eff. 8-18-09; 96-1000, eff. 7-2-10.)
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| 8 | Section 10. The Illinois Municipal Code is amended by | ||||||
| 9 | changing Section 11-13-26 as follows: | ||||||
| 10 | (65 ILCS 5/11-13-26) | ||||||
| 11 | Sec. 11-13-26. Wind farms. Notwithstanding any other | ||||||
| 12 | provision of law: | ||||||
| 13 | (a) A municipality may regulate wind farms and | ||||||
| 14 | electric-generating wind devices within its zoning | ||||||
| 15 | jurisdiction and within the 1.5 mile radius surrounding its | ||||||
| 16 | zoning jurisdiction. There shall be at least one public hearing | ||||||
| 17 | not more than 30 days prior to a siting decision by the | ||||||
| 18 | corporate authorities of a municipality. Notice of the hearing | ||||||
| 19 | shall be published in a newspaper of general circulation in the | ||||||
| 20 | municipality. A municipality may allow test wind towers to be | ||||||
| 21 | sited without formal approval by the corporate authorities of | ||||||
| 22 | the municipality. Test wind towers must be dismantled within 3 | ||||||
| 23 | years of installation. For the purposes of this Section, "test | ||||||
| 24 | wind towers" are wind towers that are designed solely to | ||||||
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| 1 | collect wind generation data.
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| 2 | (b) A municipality may not require a wind tower or other | ||||||
| 3 | renewable energy system that is used exclusively by an end user | ||||||
| 4 | to be setback more than 1.1 times the height of the renewable | ||||||
| 5 | energy system from the end user's property line. A setback | ||||||
| 6 | requirement imposed by a municipality on a renewable energy | ||||||
| 7 | system may not be more restrictive than as provided under this | ||||||
| 8 | subsection. This subsection is a limitation of home rule powers | ||||||
| 9 | and functions under subsection (i) of Section 6 of Article VII | ||||||
| 10 | of the Illinois Constitution on the concurrent exercise by home | ||||||
| 11 | rule units of powers and functions exercised by the State. | ||||||
| 12 | (Source: P.A. 95-203, eff. 8-16-07; 96-306, eff. 1-1-10.) | ||||||