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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB4873

Introduced , by Rep. Amy Elik

SYNOPSIS AS INTRODUCED:

55 ILCS 5/5-12020

Amends the Counties Code. In provisions about commercial wind energy
facilities and commercial solar energy facilities, removes changes made by
Public Act 102-1123. Provides that any provision of a county zoning
ordinance pertaining to wind farms, commercial wind energy facilities, or
commercial solar energy facilities that was in effect before January 27,
2023 may continue in effect notwithstanding any changes made in Public Act
102-1123 and, if applicable, any provision of a county zoning ordinance
pertaining to wind farms that was in effect before August 16, 2007 may
continue in effect notwithstanding the changes made in Public Act 95-203.
LRB104 17756 WRO 31188 b

A BILL FOR

HB4873
LRB104 17756 WRO 31188 b
1

AN ACT concerning local government.

2

Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:

4

Section 5.
The Counties Code is amended by changing
5
Section 5-12020 as follows:

6

(55 ILCS 5/5-12020)
7

(Text of Section before amendment by P.A. 104-458
)
8

Sec. 5-12020.
Wind farms, electric-generating wind
9
devices, and commercial

Commercial
wind energy facilities
and
10
commercial solar energy facilities
.
11

(a) As used in this Section:
12

"Commercial solar energy facility" means a "commercial
13
solar energy system" as defined in Section 10-720 of the
14
Property Tax Code. "Commercial solar energy facility" does not
15
mean a utility-scale solar energy facility being constructed
16
at a site that was eligible to participate in a procurement
17
event conducted by the Illinois Power Agency pursuant to
18
subsection (c-5) of Section 1-75 of the Illinois Power Agency
19
Act.

20

"Commercial wind energy facility" means a wind energy
21
conversion facility of equal or greater than 500 kilowatts in
22
total nameplate generating capacity. "Commercial wind energy
23
facility" includes a wind energy conversion facility seeking

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1
an extension of a permit to construct granted by a county or
2
municipality before January 27, 2023 (the effective date of
3
Public Act 102-1123).
4

"Facility owner" means (i) a person with a direct
5
ownership interest in a commercial wind energy facility or a
6
commercial solar energy facility, or both, regardless of
7
whether the person is involved in acquiring the necessary
8
rights, permits, and approvals or otherwise planning for the
9
construction and operation of the facility, and (ii) at the
10
time the facility is being developed, a person who is acting as
11
a developer of the facility by acquiring the necessary rights,
12
permits, and approvals or by planning for the construction and
13
operation of the facility, regardless of whether the person
14
will own or operate the facility.
15

"Nonparticipating property" means real property that is
16
not a participating property.
17

"Nonparticipating residence" means a residence that is
18
located on nonparticipating property and that is existing and
19
occupied on the date that an application for a permit to
20
develop the commercial wind energy facility or the commercial
21
solar energy facility is filed with the county.
22

"Occupied community building" means any one or more of the
23
following buildings that is existing and occupied on the date
24
that the application for a permit to develop the commercial
25
wind energy facility or the commercial solar energy facility
26
is filed with the county: a school, place of worship, day care

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1
facility, public library, or community center.
2

"Participating property" means real property that is the
3
subject of a written agreement between a facility owner and
4
the owner of the real property that provides the facility
5
owner an easement, option, lease, or license to use the real
6
property for the purpose of constructing a commercial wind
7
energy facility, a commercial solar energy facility, or
8
supporting facilities. "Participating property" also includes
9
real property that is owned by a facility owner for the purpose
10
of constructing a commercial wind energy facility, a
11
commercial solar energy facility, or supporting facilities.
12

"Participating residence" means a residence that is
13
located on participating property and that is existing and
14
occupied on the date that an application for a permit to
15
develop the commercial wind energy facility or the commercial
16
solar energy facility is filed with the county.
17

"Protected lands" means real property that is:

18

(1) subject to a permanent conservation right
19

consistent with the Real Property Conservation Rights Act;
20

or

21

(2) registered or designated as a nature preserve,
22

buffer, or land and water reserve under the Illinois
23

Natural Areas Preservation Act.

24

"Supporting facilities" means the transmission lines,
25
substations, access roads, meteorological towers, storage
26
containers, and equipment associated with the generation and

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1
storage of electricity by the commercial wind energy facility
2
or commercial solar energy facility.
3

"Wind tower" includes the wind turbine tower, nacelle, and
4
blades.

5

(b)
Notwithstanding any other provision of law or whether
6
the county has formed a zoning commission and adopted formal
7
zoning under Section 5-12007, a county may establish standards
8
for
wind farms and electric-generating wind devices

commercial
9
wind energy facilities, commercial solar energy facilities, or
10
both
. The standards may include
, without limitation, the
11
height of the devices and the number of devices that may be
12
located within a geographic area

all of the requirements
13
specified in this Section but may not include requirements for
14
commercial wind energy facilities or commercial solar energy
15
facilities that are more restrictive than specified in this
16
Section
. A county may also regulate the siting of
wind farms
17
and electric-generating wind devices

commercial wind energy
18
facilities with standards that are not more restrictive than
19
the requirements specified in this Section
in unincorporated
20
areas of the county
that are
outside the zoning jurisdiction
21
of a municipality and
that are outside
the 1.5-mile radius
22
surrounding the zoning jurisdiction of a municipality.
23

There shall be at least one public hearing

(c) If a county
24
has elected to establish standards under subsection (b),
25
before the county grants siting approval or a special use
26
permit for a commercial wind energy facility or a commercial

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LRB104 17756 WRO 31188 b
1
solar energy facility, or modification of an approved siting
2
or special use permit, the county board of the county in which
3
the facility is to be sited or the zoning board of appeals for
4
the county shall hold at least one public hearing. The public
5
hearing shall be conducted in accordance with the Open
6
Meetings Act and shall be held not more than 60 days after the
7
filing of the application for the facility. The county shall
8
allow interested parties to a special use permit an
9
opportunity to present evidence and to cross-examine witnesses
10
at the hearing, but the county may impose reasonable
11
restrictions on the public hearing, including reasonable time
12
limitations on the presentation of evidence and the
13
cross-examination of witnesses. The county shall also allow
14
public comment at the public hearing in accordance with the
15
Open Meetings Act. The county shall make its siting and
16
permitting decisions
not more than 30 days
prior to a siting
17
decision by the county board

after the conclusion of the
18
public hearing
. Notice of the hearing shall be published in a
19
newspaper of general circulation in the county. A
commercial
20
wind energy
facility owner
, as defined in the Renewable Energy
21
Facilities Agricultural Impact Mitigation Act,
must enter into
22
an agricultural impact mitigation agreement with the
23
Department of Agriculture prior to the date of the required
24
public hearing. A commercial wind energy facility owner
25
seeking an extension of a permit granted by a county prior to
26
July 24, 2015 (the effective date of Public Act 99-132) must

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1
enter into an agricultural impact mitigation agreement with
2
the Department of Agriculture prior to a decision by the
3
county to grant the permit extension. Counties may allow test
4
wind towers
or test solar energy systems
to be sited without
5
formal approval by the county board.
Any provision of a county
6
zoning ordinance pertaining to wind farms, commercial wind
7
energy facilities, or commercial solar energy facilities that
8
was in effect before January 27, 2023 may continue in effect
9
notwithstanding any changes made in Public Act 102-1123 and,
10
if applicable, any provision of a county zoning ordinance
11
pertaining to wind farms that was in effect before August 16,
12
2007 may continue in effect notwithstanding the changes made
13
in Public Act 95-203.

14

(d) A county with an existing zoning ordinance in conflict
15
with this Section shall amend that zoning ordinance to be in
16
compliance with this Section within 120 days after January 27,
17
2023 (the effective date of Public Act 102-1123).
18

(e)
A county may
not
require
a wind tower or other
19
renewable energy system that is used exclusively by an end
20
user to be setback more than 1.1 times the height of the
21
renewable energy system from the end user's property line.

:

22

Only a county may establish standards for wind farms,
23
electric-generating wind devices, and commercial wind energy
24
facilities, as that term is defined in Section 10 of the
25
Renewable Energy Facilities Agricultural Impact Mitigation
26
Act, in unincorporated areas of the county outside of the

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LRB104 17756 WRO 31188 b
1
zoning jurisdiction of a municipality and outside the 1.5-mile
2
radius surrounding the zoning jurisdiction of a municipality.

3

(1) a wind tower of a commercial wind energy facility
4

to be sited as follows, with setback distances measured
5

from the center of the base of the wind tower:

6
Setback Description

Setback Distance

7
Occupied Community

2.1 times the maximum blade tip
8
Buildings

height of the wind tower to the
9

nearest point on the outside
10

wall of the structure

11
Participating Residences

1.1 times the maximum blade tip
12

height of the wind tower to the
13

nearest point on the outside
14

wall of the structure

15
Nonparticipating Residences

2.1 times the maximum blade tip
16

height of the wind tower to the
17

nearest point on the outside
18

wall of the structure

19
Boundary Lines of

None
20
Participating Property

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LRB104 17756 WRO 31188 b
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Boundary Lines of

1.1 times the maximum blade tip
2
Nonparticipating Property

height of the wind tower to the
3

nearest point on the property
4

line of the nonparticipating
5

property

6
Public Road Rights-of-Way

1.1 times the maximum blade tip
7

height of the wind tower
8

to the center point of the
9

public road right-of-way

10
Overhead Communication and

1.1 times the maximum blade tip
11
Electric Transmission

height of the wind tower to the
12
and Distribution Facilities

nearest edge of the property
13
(Not Including Overhead

line, easement, or
14
Utility Service Lines to

right-of-way
15
Individual Houses or

containing the overhead line
16
Outbuildings)

17
Overhead Utility Service

None
18
Lines to Individual
19
Houses or Outbuildings

20
Fish and Wildlife Areas

2.1 times the maximum blade
21
and Illinois Nature

tip height of the wind tower
22
Preserve Commission

to the nearest point on the

HB4873
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LRB104 17756 WRO 31188 b
1
Protected Lands

property line of the fish and
2

wildlife area or protected
3

land
4

This Section does not exempt or excuse compliance with
5

electric facility clearances approved or required by the
6

National Electrical Code, the National Electrical Safety
7

Code, the Illinois Commerce Commission, and the Federal
8

Energy Regulatory Commission and their designees or
9

successors;

10

(2) a wind tower of a commercial wind energy facility
11

to be sited so that industry standard computer modeling
12

indicates that any occupied community building or
13

nonparticipating residence will not experience more than
14

30 hours per year of shadow flicker under planned
15

operating conditions;
16

(3) a commercial solar energy facility to be sited as
17

follows, with setback distances measured from the nearest
18

edge of any component of the facility:

19
Setback Description

Setback Distance

20
Occupied Community

150 feet from the nearest
21
Buildings and Dwellings on

point on the outside wall
22
Nonparticipating Properties

of the structure

23
Boundary Lines of

None

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LRB104 17756 WRO 31188 b
1
Participating Property

2
Public Road Rights-of-Way

50 feet from the nearest
3

edge

4
Boundary Lines of

50 feet to the nearest
5
Nonparticipating Property

point on the property
6

line of the nonparticipating
7

property

8

(4) a commercial solar energy facility to be sited so
9

that the facility's perimeter is enclosed by fencing
10

having a height of at least 6 feet and no more than 25
11

feet; and

12

(5) a commercial solar energy facility to be sited so
13

that no component of a solar panel has a height of more
14

than 20 feet above ground when the solar energy facility's
15

arrays are at full tilt.

16

The requirements set forth in this subsection (e) may be
17
waived subject to the written consent of the owner of each
18
affected nonparticipating property.
19

(f) A county may not set a sound limitation for wind towers
20
in commercial wind energy facilities or any components in
21
commercial solar energy facilities that is more restrictive
22
than the sound limitations established by the Illinois
23
Pollution Control Board under 35 Ill. Adm. Code Parts 900,

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LRB104 17756 WRO 31188 b
1
901, and 910.
2

(g) A county may not place any restriction on the
3
installation or use of a commercial wind energy facility or a
4
commercial solar energy facility unless it adopts an ordinance
5
that complies with this Section. A county may not establish
6
siting standards for supporting facilities that preclude
7
development of commercial wind energy facilities or commercial
8
solar energy facilities.

9

A request for siting approval or a special use permit for a
10
commercial wind energy facility or a commercial solar energy
11
facility, or modification of an approved siting or special use
12
permit, shall be approved if the request is in compliance with
13
the standards and conditions imposed in this Act, the zoning
14
ordinance adopted consistent with this Code, and the
15
conditions imposed under State and federal statutes and
16
regulations.

17

(h) A county may not adopt zoning regulations that
18
disallow, permanently or temporarily, commercial wind energy
19
facilities or commercial solar energy facilities from being
20
developed or operated in any district zoned to allow
21
agricultural or industrial uses.

22

(i) A county may not require permit application fees for a
23
commercial wind energy facility or commercial solar energy
24
facility that are unreasonable. All application fees imposed
25
by the county shall be consistent with fees for projects in the
26
county with similar capital value and cost.

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LRB104 17756 WRO 31188 b
1

(j) Except as otherwise provided in this Section, a county
2
shall not require standards for construction, decommissioning,
3
or deconstruction of a commercial wind energy facility or
4
commercial solar energy facility or related financial
5
assurances that are more restrictive than those included in
6
the Department of Agriculture's standard wind farm
7
agricultural impact mitigation agreement, template 81818, or
8
standard solar agricultural impact mitigation agreement,
9
version 8.19.19, as applicable and in effect on December 31,
10
2022. The amount of any decommissioning payment shall be in
11
accordance with the financial assurance required by those
12
agricultural impact mitigation agreements.

13

(j-5) A commercial wind energy facility or a commercial
14
solar energy facility shall file a farmland drainage plan with
15
the county and impacted drainage districts outlining how
16
surface and subsurface drainage of farmland will be restored
17
during and following construction or deconstruction of the
18
facility. The plan is to be created independently by the
19
facility developer and shall include the location of any
20
potentially impacted drainage district facilities to the
21
extent this information is publicly available from the county
22
or the drainage district, plans to repair any subsurface
23
drainage affected during construction or deconstruction using
24
procedures outlined in the agricultural impact mitigation
25
agreement entered into by the commercial wind energy facility
26
owner or commercial solar energy facility owner, and

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LRB104 17756 WRO 31188 b
1
procedures for the repair and restoration of surface drainage
2
affected during construction or deconstruction. All surface
3
and subsurface damage shall be repaired as soon as reasonably
4
practicable.

5

(k) A county may not condition approval of a commercial
6
wind energy facility or commercial solar energy facility on a
7
property value guarantee and may not require a facility owner
8
to pay into a neighboring property devaluation escrow account.

9

(l) A county may require certain vegetative screening
10
surrounding a commercial wind energy facility or commercial
11
solar energy facility but may not require earthen berms or
12
similar structures.

13

(m) A county may set blade tip height limitations for wind
14
towers in commercial wind energy facilities but may not set a
15
blade tip height limitation that is more restrictive than the
16
height allowed under a Determination of No Hazard to Air
17
Navigation by the Federal Aviation Administration under 14 CFR
18
Part 77.
19

(n) A county may require that a commercial wind energy
20
facility owner or commercial solar energy facility owner
21
provide:
22

(1) the results and recommendations from consultation
23

with the Illinois Department of Natural Resources that are
24

obtained through the Ecological Compliance Assessment Tool
25

(EcoCAT) or a comparable successor tool; and
26

(2) the results of the United States Fish and Wildlife

HB4873
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LRB104 17756 WRO 31188 b
1

Service's Information for Planning and Consulting
2

environmental review or a comparable successor tool that
3

is consistent with (i) the "U.S. Fish and Wildlife
4

Service's Land-Based Wind Energy Guidelines" and (ii) any
5

applicable United States Fish and Wildlife Service solar
6

wildlife guidelines that have been subject to public
7

review.

8

(o) A county may require a commercial wind energy facility
9
or commercial solar energy facility to adhere to the
10
recommendations provided by the Illinois Department of Natural
11
Resources in an EcoCAT natural resource review report under 17
12
Ill. Adm. Code Part 1075.

13

(p) A county may require a facility owner to:
14

(1) demonstrate avoidance of protected lands as
15

identified by the Illinois Department of Natural Resources
16

and the Illinois Nature Preserve Commission; or
17

(2) consider the recommendations of the Illinois
18

Department of Natural Resources for setbacks from
19

protected lands, including areas identified by the
20

Illinois Nature Preserve Commission.
21

(q) A county may require that a facility owner provide
22
evidence of consultation with the Illinois State Historic
23
Preservation Office to assess potential impacts on
24
State-registered historic sites under the Illinois State
25
Agency Historic Resources Preservation Act.

26

(r) To maximize community benefits, including, but not

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LRB104 17756 WRO 31188 b
1
limited to, reduced stormwater runoff, flooding, and erosion
2
at the ground mounted solar energy system, improved soil
3
health, and increased foraging habitat for game birds,
4
songbirds, and pollinators, a county may (1) require a
5
commercial solar energy facility owner to plant, establish,
6
and maintain for the life of the facility vegetative ground
7
cover, consistent with the goals of the Pollinator-Friendly
8
Solar Site Act and (2) require the submittal of a vegetation
9
management plan that is in compliance with the agricultural
10
impact mitigation agreement in the application to construct
11
and operate a commercial solar energy facility in the county
12
if the vegetative ground cover and vegetation management plan
13
comply with the requirements of the underlying agreement with
14
the landowner or landowners where the facility will be
15
constructed.

16

No later than 90 days after January 27, 2023 (the
17
effective date of Public Act 102-1123), the Illinois
18
Department of Natural Resources shall develop guidelines for
19
vegetation management plans that may be required under this
20
subsection for commercial solar energy facilities. The
21
guidelines must include guidance for short-term and long-term
22
property management practices that provide and maintain native
23
and non-invasive naturalized perennial vegetation to protect
24
the health and well-being of pollinators.

25

(s) If a facility owner enters into a road use agreement
26
with the Illinois Department of Transportation, a road

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LRB104 17756 WRO 31188 b
1
district, or other unit of local government relating to a
2
commercial wind energy facility or a commercial solar energy
3
facility, the road use agreement shall require the facility
4
owner to be responsible for (i) the reasonable cost of
5
improving roads used by the facility owner to construct the
6
commercial wind energy facility or the commercial solar energy
7
facility and (ii) the reasonable cost of repairing roads used
8
by the facility owner during construction of the commercial
9
wind energy facility or the commercial solar energy facility
10
so that those roads are in a condition that is safe for the
11
driving public after the completion of the facility's
12
construction. Roadways improved in preparation for and during
13
the construction of the commercial wind energy facility or
14
commercial solar energy facility shall be repaired and
15
restored to the improved condition at the reasonable cost of
16
the developer if the roadways have degraded or were damaged as
17
a result of construction-related activities.
18

The road use agreement shall not require the facility
19
owner to pay costs, fees, or charges for road work that is not
20
specifically and uniquely attributable to the construction of
21
the commercial wind energy facility or the commercial solar
22
energy facility. Road-related fees, permit fees, or other
23
charges imposed by the Illinois Department of Transportation,
24
a road district, or other unit of local government under a road
25
use agreement with the facility owner shall be reasonably
26
related to the cost of administration of the road use

HB4873
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LRB104 17756 WRO 31188 b
1
agreement.

2

(s-5) The facility owner shall also compensate landowners
3
for crop losses or other agricultural damages resulting from
4
damage to the drainage system caused by the construction of
5
the commercial wind energy facility or the commercial solar
6
energy facility. The commercial wind energy facility owner or
7
commercial solar energy facility owner shall repair or pay for
8
the repair of all damage to the subsurface drainage system
9
caused by the construction of the commercial wind energy
10
facility or the commercial solar energy facility in accordance
11
with the agriculture impact mitigation agreement requirements
12
for repair of drainage. The commercial wind energy facility
13
owner or commercial solar energy facility owner shall repair
14
or pay for the repair and restoration of surface drainage
15
caused by the construction or deconstruction of the commercial
16
wind energy facility or the commercial solar energy facility
17
as soon as reasonably practicable.

18

(t) Notwithstanding any other provision of law, a facility
19
owner with siting approval from a county to construct a
20
commercial wind energy facility or a commercial solar energy
21
facility is authorized to cross or impact a drainage system,
22
including, but not limited to, drainage tiles, open drainage
23
ditches, culverts, and water gathering vaults, owned or under
24
the control of a drainage district under the Illinois Drainage
25
Code without obtaining prior agreement or approval from the
26
drainage district in accordance with the farmland drainage

HB4873
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LRB104 17756 WRO 31188 b
1
plan required by subsection (j-5).

2

(u) The amendments to this Section adopted in Public Act
3
102-1123 do not apply to: (1) an application for siting
4
approval or for a special use permit for a commercial wind
5
energy facility or commercial solar energy facility if the
6
application was submitted to a unit of local government before
7
January 27, 2023 (the effective date of Public Act 102-1123);
8
(2) a commercial wind energy facility or a commercial solar
9
energy facility if the facility owner has submitted an
10
agricultural impact mitigation agreement to the Department of
11
Agriculture before January 27, 2023 (the effective date of
12
Public Act 102-1123); or (3) a commercial wind energy or
13
commercial solar energy development on property that is
14
located within an enterprise zone certified under the Illinois
15
Enterprise Zone Act, that was classified as industrial by the
16
appropriate zoning authority on or before January 27, 2023,
17
and that is located within 4 miles of the intersection of
18
Interstate 88 and Interstate 39.

19
(Source: P.A. 103-81, eff. 6-9-23; 103-580, eff. 12-8-23;
20
104-417, eff. 8-15-25.)

21

(Text of Section after amendment by P.A. 104-458
)
22

Sec. 5-12020.
Wind farms, electric-generating wind
23
devices, and commercial

Commercial
wind energy facilities
and
24
commercial solar energy facilities
.
25

(a) As used in this Section:

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"Commercial solar energy facility" means a "commercial
2
solar energy system" as defined in Section 10-720 of the
3
Property Tax Code. "Commercial solar energy facility" does not
4
mean a utility-scale solar energy facility being constructed
5
at a site that was eligible to participate in a procurement
6
event conducted by the Illinois Power Agency pursuant to
7
subsection (c-5) of Section 1-75 of the Illinois Power Agency
8
Act.

9

"Commercial wind energy facility" means a wind energy
10
conversion facility of equal or greater than 500 kilowatts in
11
total nameplate generating capacity. "Commercial wind energy
12
facility" includes a wind energy conversion facility seeking
13
an extension of a permit to construct granted by a county or
14
municipality before January 27, 2023 (the effective date of
15
Public Act 102-1123).
16

"Facility owner" means (i) a person with a direct
17
ownership interest in a commercial wind energy facility or a
18
commercial solar energy facility, or both, regardless of
19
whether the person is involved in acquiring the necessary
20
rights, permits, and approvals or otherwise planning for the
21
construction and operation of the facility, and (ii) at the
22
time the facility is being developed, a person who is acting as
23
a developer of the facility by acquiring the necessary rights,
24
permits, and approvals or by planning for the construction and
25
operation of the facility, regardless of whether the person
26
will own or operate the facility.

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"Nonparticipating property" means real property that is
2
not a participating property.
3

"Nonparticipating residence" means a residence that is
4
located on nonparticipating property and that is existing and
5
occupied on the date that an application for a permit to
6
develop the commercial wind energy facility or the commercial
7
solar energy facility is filed with the county.
8

"Occupied community building" means any one or more of the
9
following buildings that is existing and occupied on the date
10
that the application for a permit to develop the commercial
11
wind energy facility or the commercial solar energy facility
12
is filed with the county: a school, place of worship, day care
13
facility, public library, or community center.
14

"Participating property" means real property that is the
15
subject of a written agreement between a facility owner and
16
the owner of the real property that provides the facility
17
owner an easement, option, lease, or license to use the real
18
property for the purpose of constructing a commercial wind
19
energy facility, a commercial solar energy facility, or
20
supporting facilities. "Participating property" also includes
21
real property that is owned by a facility owner for the purpose
22
of constructing a commercial wind energy facility, a
23
commercial solar energy facility, or supporting facilities.
24

"Participating residence" means a residence that is
25
located on participating property and that is existing and
26
occupied on the date that an application for a permit to

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develop the commercial wind energy facility or the commercial
2
solar energy facility is filed with the county.
3

"Protected lands" means real property that is:

4

(1) subject to a permanent conservation right
5

consistent with the Real Property Conservation Rights Act;
6

or

7

(2) registered or designated as a nature preserve,
8

buffer, or land and water reserve under the Illinois
9

Natural Areas Preservation Act.
10

"Supporting facilities" means the transmission lines,
11
substations, access roads, meteorological towers, storage
12
containers, and equipment associated with the generation and
13
storage of electricity by the commercial wind energy facility
14
or commercial solar energy facility. "Supporting facilities"
15
includes energy storage systems capable of absorbing energy
16
and storing it for use at a later time, including, but not
17
limited to, batteries and other electrochemical and
18
electromechanical technologies or systems.

19

"Wind tower" includes the wind turbine tower, nacelle, and
20
blades.

21

(b)
Notwithstanding any other provision of law or whether
22
the county has formed a zoning commission and adopted formal
23
zoning under Section 5-12007, a county may establish standards
24
for
wind farms and electric-generating wind devices

commercial
25
wind energy facilities, commercial solar energy facilities, or
26
both
. The standards may include
, without limitation, the

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height of the devices and the number of devices that may be
2
located within a geographic area

all of the requirements
3
specified in this Section but may not include requirements for
4
commercial wind energy facilities or commercial solar energy
5
facilities that are more restrictive than specified in this
6
Section
. A county may also regulate the siting of
wind farms
7
and electric-generating wind devices

commercial wind energy
8
facilities with standards that are not more restrictive than
9
the requirements specified in this Section
in unincorporated
10
areas of the county
that are
outside the zoning jurisdiction
11
of a municipality and
that are outside
the 1.5-mile radius
12
surrounding the zoning jurisdiction of a municipality. A
13
county may also regulate the siting of commercial solar energy
14
facilities with standards that are not more restrictive than
15
the requirements specified in this Section in unincorporated
16
areas of the county that are outside of the zoning
17
jurisdiction of a municipality.
18

There shall be at least one public hearing

(c) If a county
19
has elected to establish standards under subsection (b),
20
before the county grants siting approval or a special use
21
permit for a commercial wind energy facility or a commercial
22
solar energy facility, or modification of an approved siting
23
or special use permit, the county board of the county in which
24
the facility is to be sited or the zoning board of appeals for
25
the county shall hold at least one public hearing. The public
26
hearing shall be conducted in accordance with the Open

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Meetings Act and shall conclude not more than 60 days after the
2
filing of the application for the facility. The county shall
3
allow interested parties to a special use permit an
4
opportunity to present evidence and to cross-examine witnesses
5
at the hearing, but the county may impose reasonable
6
restrictions on the public hearing, including reasonable time
7
limitations on the presentation of evidence and the
8
cross-examination of witnesses. The county shall also allow
9
public comment at the public hearing in accordance with the
10
Open Meetings Act. The county shall make its siting and
11
permitting decisions
not more than 30 days
prior to a siting
12
decision by the county board

after the conclusion of the
13
public hearing
. Notice of the hearing shall be published in a
14
newspaper of general circulation in the county. A
commercial
15
wind energy
facility owner
, as defined in the Renewable Energy
16
Facilities Agricultural Impact Mitigation Act,
must enter into
17
an agricultural impact mitigation agreement with the
18
Department of Agriculture prior to the date of the required
19
public hearing. A commercial wind energy facility owner
20
seeking an extension of a permit granted by a county prior to
21
July 24, 2015 (the effective date of Public Act 99-132) must
22
enter into an agricultural impact mitigation agreement with
23
the Department of Agriculture prior to a decision by the
24
county to grant the permit extension. Counties may allow test
25
wind towers
or test solar energy systems
to be sited without
26
formal approval by the county board.
Any provision of a county

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zoning ordinance pertaining to wind farms, commercial wind
2
energy facilities, or commercial solar energy facilities that
3
was in effect before January 27, 2023 may continue in effect
4
notwithstanding any changes made in Public Act 102-1123 and,
5
if applicable, any provision of a county zoning ordinance
6
pertaining to wind farms that was in effect before August 16,
7
2007 may continue in effect notwithstanding the changes made
8
in Public Act 95-203.

9

(d) A county with an existing zoning ordinance in conflict
10
with this Section shall amend that zoning ordinance to be in
11
compliance with this Section within 120 days after January 27,
12
2023 (the effective date of Public Act 102-1123).
13

(e)
A county may
not
require
a wind tower or other
14
renewable energy system that is used exclusively by an end
15
user to be setback more than 1.1 times the height of the
16
renewable energy system from the end user's property line.

:

17

Only a county may establish standards for wind farms,
18
electric-generating wind devices, and commercial wind energy
19
facilities, as that term is defined in Section 10 of the
20
Renewable Energy Facilities Agricultural Impact Mitigation
21
Act, in unincorporated areas of the county outside of the
22
zoning jurisdiction of a municipality and outside the 1.5-mile
23
radius surrounding the zoning jurisdiction of a municipality.

24

(1) a wind tower of a commercial wind energy facility
25

to be sited as follows, with setback distances measured
26

from the center of the base of the wind tower:

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Setback Description

Setback Distance

2
Occupied Community

2.1 times the maximum blade tip
3
Buildings

height of the wind tower to the
4

nearest point on the outside
5

wall of the structure

6
Participating Residences

1.1 times the maximum blade tip
7

height of the wind tower to the
8

nearest point on the outside
9

wall of the structure

10
Nonparticipating Residences

2.1 times the maximum blade tip
11

height of the wind tower to the
12

nearest point on the outside
13

wall of the structure

14
Boundary Lines of

None
15
Participating Property

16
Boundary Lines of

1.1 times the maximum blade tip
17
Nonparticipating Property

height of the wind tower to the
18

nearest point on the property
19

line of the nonparticipating
20

property

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1
Public Road Rights-of-Way

1.1 times the maximum blade tip
2

height of the wind tower
3

to the center point of the
4

public road right-of-way

5
Overhead Communication and

1.1 times the maximum blade tip
6
Electric Transmission

height of the wind tower to the
7
and Distribution Facilities

nearest edge of the property
8
(Not Including Overhead

line, easement, or
9
Utility Service Lines to

right-of-way
10
Individual Houses or

containing the overhead line
11
Outbuildings)

12
Overhead Utility Service

None
13
Lines to Individual
14
Houses or Outbuildings

15
Fish and Wildlife Areas

2.1 times the maximum blade
16
and Illinois Nature

tip height of the wind tower
17
Preserve Commission

to the nearest point on the
18
Protected Lands

property line of the fish and
19

wildlife area or protected
20

land
21

This Section does not exempt or excuse compliance with
22

electric facility clearances approved or required by the

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National Electrical Code, the National Electrical Safety
2

Code, the Illinois Commerce Commission, and the Federal
3

Energy Regulatory Commission and their designees or
4

successors;

5

(2) a wind tower of a commercial wind energy facility
6

to be sited so that industry standard computer modeling
7

indicates that any occupied community building or
8

nonparticipating residence will not experience more than
9

30 hours per year of shadow flicker under planned
10

operating conditions;
11

(3) a commercial solar energy facility to be sited as
12

follows, with setback distances measured from the nearest
13

edge of any above-ground component of the facility,
14

excluding fencing:

15
Setback Description

Setback Distance

16
Occupied Community

150 feet from the nearest
17
Buildings and Dwellings on

point on the outside wall
18
Nonparticipating Properties

of the structure

19
Boundary Lines of

None
20
Participating Property

21
Public Road Rights-of-Way

50 feet from the nearest
22

edge of the public

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right-of-way

2
Boundary Lines of

50 feet to the nearest
3
Nonparticipating Property

point on the property
4

line of the nonparticipating
5

property

6

(4) a commercial solar energy facility to be sited so
7

that the facility's perimeter is enclosed by fencing
8

having a height of at least 6 feet and no more than 25
9

feet; and

10

(5) a commercial solar energy facility to be sited so
11

that no component of a solar panel has a height of more
12

than 20 feet above ground when the solar energy facility's
13

arrays are at full tilt.
14

This subsection (e) shall not preclude the ability of a
15
county to require a reasonable setback distance between
16
fencing and public rights-of-way if the requirement is not
17
specific to commercial wind energy facilities or commercial
18
solar energy facilities and does not preclude the development
19
of commercial wind energy facilities or commercial solar
20
energy facilities or the ability of commercial wind energy
21
facilities or commercial solar energy facilities to comply
22
with the requirements set forth in this subsection (e).

23

The requirements set forth in this subsection (e) may be
24
waived subject to the written consent of the owner of each

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affected nonparticipating property.
2

(f) A county may not set a sound limitation for wind towers
3
in commercial wind energy facilities or any components in
4
commercial solar energy facilities that is more restrictive
5
than the sound limitations established by the Illinois
6
Pollution Control Board under 35 Ill. Adm. Code Parts 900,
7
901, and 910. Additionally, in accordance with Section 25 of
8
the Environmental Protection Act, a participating property,
9
participating residence, nonparticipating property,
10
nonparticipating residence, or any combination of those
11
properties or residences may waive enforcement of the rules
12
adopted by the Illinois Pollution Control Board under 35 Ill.
13
Adm. Code Parts 900, 901, and 910 by written waiver that
14
complies with the applicable directive established in Section
15
25 of the Environmental Protection Act and is recorded in the
16
Office of the Recorder of the county in which the
17
participating property, participating residence,
18
nonparticipating property, or nonparticipating residence is
19
located. Once recorded, such a waiver shall be binding on any
20
current and future owners, residents, lessees, invitees, and
21
users of the participating property, participating residence,
22
nonparticipating property, or nonparticipating residence for
23
enforcement purposes. An owner of any participating residence
24
or nonparticipating residence shall disclose the existence of
25
such a waiver to any lessee before entering any new lease for
26
the residence.

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A seller or transferor of a participating property,
2
participating residence, nonparticipating property,
3
nonparticipating residence, or any combination of those
4
properties or residences shall disclose the existence of such
5
a waiver to any buyer or transferee before any sale or transfer
6
of the property. If disclosure of the waiver occurs after the
7
buyer has made an offer to purchase the property, the seller
8
shall disclose the existence of the waiver before accepting
9
the buyer's offer and shall (1) allow the buyer an opportunity
10
to review the disclosure and (2) inform the buyer that the
11
buyer has the right to amend the buyer's offer.

12

(g) A county may not place any restriction on the
13
installation or use of a commercial wind energy facility or a
14
commercial solar energy facility unless it adopts an ordinance
15
that complies with this Section. A county may not establish
16
siting standards for supporting facilities that preclude
17
development of commercial wind energy facilities or commercial
18
solar energy facilities.

19

A request for siting approval or a special use permit for a
20
commercial wind energy facility or a commercial solar energy
21
facility, or modification of an approved siting or special use
22
permit, shall be approved if the request is in compliance with
23
the standards and conditions imposed in this Act, the zoning
24
ordinance adopted consistent with this Act, and the conditions
25
imposed under State and federal statutes and regulations.

26

(h) A county may not adopt zoning regulations that

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disallow, permanently or temporarily, commercial wind energy
2
facilities or commercial solar energy facilities from being
3
developed or operated in any district zoned to allow
4
agricultural or industrial uses.

5

(i) (Blank).

6

(i-5) All siting approval or special use permit
7
application fees for a commercial wind energy facility or
8
commercial solar energy facility must be reasonable. Fees that
9
do not exceed $5,000 per each megawatt of nameplate capacity
10
of the energy facility, up to a maximum of $125,000, shall be
11
considered presumptively reasonable. A county may also require
12
reimbursement from the applicant for any reasonable expenses
13
incurred by the county in processing the siting approval or
14
special use permit application in excess of the maximum fee. A
15
siting approval or special use permit shall not be subject to
16
any time deadline to start construction or obtain a building
17
permit of less than 5 years from the date of siting approval or
18
special use permit approval. A county shall allow an applicant
19
to request an extension of the deadline based upon reasonable
20
cause for the extension request. The exemption shall not be
21
unreasonably withheld, conditioned, or denied.
22

(i-10) A county may require, for a commercial wind energy
23
facility or commercial solar energy facility, a single
24
building permit and a reasonable permit fee for the facility
25
which includes all supporting facilities. County building
26
permit fees for commercial wind energy facility or commercial

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solar energy facility that do not exceed $5,000 per each
2
megawatt of nameplate capacity of the energy facility, up to a
3
maximum of $75,000, shall be considered presumptively
4
reasonable. A county may also require reimbursement from the
5
applicant for any reasonable expenses incurred by the county
6
in processing the building permit in excess of the maximum
7
fee. A county may require an applicant, upon start of
8
construction of the facility, to maintain liability insurance
9
that is commercially reasonable and consistent with prevailing
10
industry standards for similar energy facilities.
11

(j) Except as otherwise provided in this Section, a county
12
shall not require standards for construction, decommissioning,
13
or deconstruction of a commercial wind energy facility or
14
commercial solar energy facility or related financial
15
assurances that are more restrictive than those included in
16
the Department of Agriculture's standard wind farm
17
agricultural impact mitigation agreement, template 81818, or
18
standard solar agricultural impact mitigation agreement,
19
version 8.19.19, as applicable and in effect on December 31,
20
2022. The amount of any decommissioning payment shall be in
21
accordance with the financial assurance required by those
22
agricultural impact mitigation agreements.

23

(j-5) A commercial wind energy facility or a commercial
24
solar energy facility shall file a farmland drainage plan with
25
the county and impacted drainage districts outlining how
26
surface and subsurface drainage of farmland will be restored

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during and following construction or deconstruction of the
2
facility. The plan is to be created independently by the
3
facility developer and shall include the location of any
4
potentially impacted drainage district facilities to the
5
extent this information is publicly available from the county
6
or the drainage district, plans to repair any subsurface
7
drainage affected during construction or deconstruction using
8
procedures outlined in the agricultural impact mitigation
9
agreement entered into by the commercial wind energy facility
10
owner or commercial solar energy facility owner, and
11
procedures for the repair and restoration of surface drainage
12
affected during construction or deconstruction. All surface
13
and subsurface damage shall be repaired as soon as reasonably
14
practicable.

15

(k) A county may not condition approval of a commercial
16
wind energy facility or commercial solar energy facility on a
17
property value guarantee and may not require a facility owner
18
to pay into a neighboring property devaluation escrow account.

19

(l) A county may require certain vegetative screening
20
between a commercial solar energy facility and
21
nonparticipating residences. A county may not require earthen
22
berms or similar structures. Vegetative screening requirements
23
shall be commercially reasonable and limited in height at full
24
maturity to avoid reduction of the productive energy output of
25
the commercial solar energy facility. A county may not require
26
vegetative screening to exceed 5 feet in height when first

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installed or prior to commercial operation date. The screening
2
requirements shall take into account the size and location of
3
the facility, visibility from nonparticipating residences,
4
compatibility of native plant species, cost and feasibility of
5
installation and maintenance, and industry standards and best
6
practices for commercial solar energy facilities.

7

(m) A county may set blade tip height limitations for wind
8
towers in commercial wind energy facilities but may not set a
9
blade tip height limitation that is more restrictive than the
10
height allowed under a Determination of No Hazard to Air
11
Navigation by the Federal Aviation Administration under 14 CFR
12
Part 77.
13

(n) A county may require that a commercial wind energy
14
facility owner or commercial solar energy facility owner
15
provide:
16

(1) the results and recommendations from consultation
17

with the Illinois Department of Natural Resources that are
18

obtained through the Ecological Compliance Assessment Tool
19

(EcoCAT) or a comparable successor tool; and
20

(2) (blank).

21

(o) A county may require a commercial wind energy facility
22
or commercial solar energy facility to adhere to the
23
recommendations provided by the Illinois Department of Natural
24
Resources in an EcoCAT natural resource review report under 17
25
Ill. Adm. Code Part 1075.

26

(p) A county may require a facility owner to:

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(1) demonstrate avoidance of protected lands as
2

identified by the Illinois Department of Natural Resources
3

and the Illinois Nature Preserve Commission; or
4

(2) consider the recommendations of the Illinois
5

Department of Natural Resources for setbacks from
6

protected lands, including areas identified by the
7

Illinois Nature Preserve Commission.
8

(q) A county may require that a facility owner provide
9
evidence of consultation with the Illinois State Historic
10
Preservation Office to assess potential impacts on
11
State-registered historic sites under the Illinois State
12
Agency Historic Resources Preservation Act.

13

(r) To maximize community benefits, including, but not
14
limited to, reduced stormwater runoff, flooding, and erosion
15
at the ground mounted solar energy system, improved soil
16
health, and increased foraging habitat for game birds,
17
songbirds, and pollinators, a county may (1) require a
18
commercial solar energy facility owner to plant, establish,
19
and maintain for the life of the facility vegetative ground
20
cover, consistent with the goals of the Pollinator-Friendly
21
Solar Site Act and (2) require the submittal of a vegetation
22
management plan that is in compliance with the agricultural
23
impact mitigation agreement in the application to construct
24
and operate a commercial solar energy facility in the county
25
if the vegetative ground cover and vegetation management plan
26
comply with the requirements of the underlying agreement with

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the landowner or landowners where the facility will be
2
constructed.

3

No later than 90 days after January 27, 2023 (the
4
effective date of Public Act 102-1123), the Illinois
5
Department of Natural Resources shall develop guidelines for
6
vegetation management plans that may be required under this
7
subsection for commercial solar energy facilities. The
8
guidelines must include guidance for short-term and long-term
9
property management practices that provide and maintain native
10
and non-invasive naturalized perennial vegetation to protect
11
the health and well-being of pollinators.

12

(s) If a facility owner enters into a road use agreement
13
with the Illinois Department of Transportation, a road
14
district, or other unit of local government relating to a
15
commercial wind energy facility or a commercial solar energy
16
facility, the road use agreement shall require the facility
17
owner to be responsible for (i) the reasonable cost of
18
improving roads used by the facility owner to construct the
19
commercial wind energy facility or the commercial solar energy
20
facility and (ii) the reasonable cost of repairing roads used
21
by the facility owner during construction of the commercial
22
wind energy facility or the commercial solar energy facility
23
so that those roads are in a condition that is safe for the
24
driving public after the completion of the facility's
25
construction. Roadways improved in preparation for and during
26
the construction of the commercial wind energy facility or

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commercial solar energy facility shall be repaired and
2
restored to the improved condition at the reasonable cost of
3
the developer if the roadways have degraded or were damaged as
4
a result of construction-related activities.
5

The road use agreement shall not require the facility
6
owner to pay costs, fees, or charges for road work that is not
7
specifically and uniquely attributable to the construction of
8
the commercial wind energy facility or the commercial solar
9
energy facility. No road district or other unit of local
10
government may request or require permit fees, fines, or other
11
payment obligations as a requirement for a road use agreement
12
with a facility owner unless the amount of the reasonable
13
permit fee or payment is equivalent to the amount of actual
14
expenses incurred by the road district or other unit of local
15
government for negotiating, executing, constructing, or
16
implementing the road use agreement. The road use agreement
17
shall not require any road work to be performed by or paid for
18
by the facility owner that is not specifically and uniquely
19
attributable to the road improvements required for the
20
construction of the commercial wind energy facility or the
21
commercial solar energy facility or the restoration of the
22
roads used by the facility owner during construction-related
23
activities.

24

(s-5) The facility owner shall also compensate landowners
25
for crop losses or other agricultural damages resulting from
26
damage to the drainage system caused by the construction of

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the commercial wind energy facility or the commercial solar
2
energy facility. The commercial wind energy facility owner or
3
commercial solar energy facility owner shall repair or pay for
4
the repair of all damage to the subsurface drainage system
5
caused by the construction of the commercial wind energy
6
facility or the commercial solar energy facility in accordance
7
with the agriculture impact mitigation agreement requirements
8
for repair of drainage. The commercial wind energy facility
9
owner or commercial solar energy facility owner shall repair
10
or pay for the repair and restoration of surface drainage
11
caused by the construction or deconstruction of the commercial
12
wind energy facility or the commercial solar energy facility
13
as soon as reasonably practicable.

14

(t) Notwithstanding any other provision of law, a facility
15
owner with siting approval from a county to construct a
16
commercial wind energy facility or a commercial solar energy
17
facility is authorized to cross or impact a drainage system,
18
including, but not limited to, drainage tiles, open drainage
19
ditches, culverts, and water gathering vaults, owned or under
20
the control of a drainage district under the Illinois Drainage
21
Code without obtaining prior agreement or approval from the
22
drainage district in accordance with the farmland drainage
23
plan required by subsection (j-5).

24

(u) The amendments to this Section adopted in Public Act
25
102-1123 do not apply to: (1) an application for siting
26
approval or for a special use permit for a commercial wind

HB4873
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LRB104 17756 WRO 31188 b
1
energy facility or commercial solar energy facility if the
2
application was submitted to a unit of local government before
3
January 27, 2023 (the effective date of Public Act 102-1123);
4
(2) a commercial wind energy facility or a commercial solar
5
energy facility if the facility owner has submitted an
6
agricultural impact mitigation agreement to the Department of
7
Agriculture before January 27, 2023 (the effective date of
8
Public Act 102-1123); (3) a commercial wind energy or
9
commercial solar energy development on property that is
10
located within an enterprise zone certified under the Illinois
11
Enterprise Zone Act, that was classified as industrial by the
12
appropriate zoning authority on or before January 27, 2023,
13
and that is located within 4 miles of the intersection of
14
Interstate 88 and Interstate 39; or (4) a commercial wind
15
energy or commercial solar energy development on property in
16
Madison County that is located within the area that has as its
17
northern boundary the portion of Drexelius Road that is
18
between the intersection of Drexelius Road and Wolf Road and
19
the intersection of Drexelius Road and Fosterburg Road, that
20
has as its eastern boundary the portion of Fosterburg Road
21
that is between the intersection of Fosterburg Road and
22
Drexelius Road and the intersection of Fosterburg Road and
23
Wolf Road, and that has as its southern and western boundaries
24
the portion of Wolf Road that is between the intersection of
25
Fosterburg Road and Wolf Road and the intersection of
26
Drexelius Road and Wolf Road.

HB4873
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LRB104 17756 WRO 31188 b
1
(Source: P.A. 103-81, eff. 6-9-23; 103-580, eff. 12-8-23;
2
1014-417, eff. 8-15-25; 104-458, eff. 6-1-26.)

3

Section 95.
No acceleration or delay.
Where this Act makes
4
changes in a statute that is represented in this Act by text
5
that is not yet or no longer in effect (for example, a Section
6
represented by multiple versions), the use of that text does
7
not accelerate or delay the taking effect of (i) the changes
8
made by this Act or (ii) provisions derived from any other
9
Public Act.

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