WIND & SOLAR AFFECT WATER FLOW

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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB3488

Introduced 2/5/2026, by Sen. Sally J. Turner

SYNOPSIS AS INTRODUCED:

55 ILCS 5/5-12020

Amends the Counties Code. Provides that the owner of a commercial wind
energy facility or commercial solar energy facility must compensate
landowners in full if the facility adversely affects the flow of water
within the landowner's land, land adjoining landowner's land, or drainage
district land, including, but not limited to, by affecting a drainage
tile. Provides that the compensation shall be determined by the Department
of Agriculture.
LRB104 20529 RTM 34003 b

A BILL FOR

SB3488
LRB104 20529 RTM 34003 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

Sec. 5-12020.
Commercial wind energy facilities and
8
commercial solar energy facilities.
9

(a) As used in this Section:
10

"Commercial solar energy facility" means a "commercial
11
solar energy system" as defined in Section 10-720 of the
12
Property Tax Code. "Commercial solar energy facility" does not
13
mean a utility-scale solar energy facility being constructed
14
at a site that was eligible to participate in a procurement
15
event conducted by the Illinois Power Agency pursuant to
16
subsection (c-5) of Section 1-75 of the Illinois Power Agency
17
Act.
18

"Commercial wind energy facility" means a wind energy
19
conversion facility of equal or greater than 500 kilowatts in
20
total nameplate generating capacity. "Commercial wind energy
21
facility" includes a wind energy conversion facility seeking
22
an extension of a permit to construct granted by a county or
23
municipality before January 27, 2023 (the effective date of

SB3488
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LRB104 20529 RTM 34003 b
1
Public Act 102-1123).
2

"Facility owner" means (i) a person with a direct
3
ownership interest in a commercial wind energy facility or a
4
commercial solar energy facility, or both, regardless of
5
whether the person is involved in acquiring the necessary
6
rights, permits, and approvals or otherwise planning for the
7
construction and operation of the facility, and (ii) at the
8
time the facility is being developed, a person who is acting as
9
a developer of the facility by acquiring the necessary rights,
10
permits, and approvals or by planning for the construction and
11
operation of the facility, regardless of whether the person
12
will own or operate the facility.
13

"Nonparticipating property" means real property that is
14
not a participating property.
15

"Nonparticipating residence" means a residence that is
16
located on nonparticipating property and that is existing and
17
occupied on the date that an application for a permit to
18
develop the commercial wind energy facility or the commercial
19
solar energy facility is filed with the county.
20

"Occupied community building" means any one or more of the
21
following buildings that is existing and occupied on the date
22
that the application for a permit to develop the commercial
23
wind energy facility or the commercial solar energy facility
24
is filed with the county: a school, place of worship, day care
25
facility, public library, or community center.
26

"Participating property" means real property that is the

SB3488
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LRB104 20529 RTM 34003 b
1
subject of a written agreement between a facility owner and
2
the owner of the real property that provides the facility
3
owner an easement, option, lease, or license to use the real
4
property for the purpose of constructing a commercial wind
5
energy facility, a commercial solar energy facility, or
6
supporting facilities. "Participating property" also includes
7
real property that is owned by a facility owner for the purpose
8
of constructing a commercial wind energy facility, a
9
commercial solar energy facility, or supporting facilities.
10

"Participating residence" means a residence that is
11
located on participating property and that is existing and
12
occupied on the date that an application for a permit to
13
develop the commercial wind energy facility or the commercial
14
solar energy facility is filed with the county.
15

"Protected lands" means real property that is:
16

(1) subject to a permanent conservation right
17

consistent with the Real Property Conservation Rights Act;
18

or
19

(2) registered or designated as a nature preserve,
20

buffer, or land and water reserve under the Illinois
21

Natural Areas Preservation Act.
22

"Supporting facilities" means the transmission lines,
23
substations, access roads, meteorological towers, storage
24
containers, and equipment associated with the generation and
25
storage of electricity by the commercial wind energy facility
26
or commercial solar energy facility.

SB3488
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LRB104 20529 RTM 34003 b
1

"Wind tower" includes the wind turbine tower, nacelle, and
2
blades.
3

(b) Notwithstanding any other provision of law or whether
4
the county has formed a zoning commission and adopted formal
5
zoning under Section 5-12007, a county may establish standards
6
for commercial wind energy facilities, commercial solar energy
7
facilities, or both. The standards may include all of the
8
requirements specified in this Section but may not include
9
requirements for commercial wind energy facilities or
10
commercial solar energy facilities that are more restrictive
11
than specified in this Section. A county may also regulate the
12
siting of commercial wind energy facilities with standards
13
that are not more restrictive than the requirements specified
14
in this Section in unincorporated areas of the county that are
15
outside the zoning jurisdiction of a municipality and that are
16
outside the 1.5-mile radius surrounding the zoning
17
jurisdiction of a municipality.
18

(c) If a county has elected to establish standards under
19
subsection (b), before the county grants siting approval or a
20
special use permit for a commercial wind energy facility or a
21
commercial solar energy facility, or modification of an
22
approved siting or special use permit, the county board of the
23
county in which the facility is to be sited or the zoning board
24
of appeals for the county shall hold at least one public
25
hearing. The public hearing shall be conducted in accordance
26
with the Open Meetings Act and shall be held not more than 60

SB3488
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LRB104 20529 RTM 34003 b
1
days after the filing of the application for the facility. The
2
county shall allow interested parties to a special use permit
3
an opportunity to present evidence and to cross-examine
4
witnesses at the hearing, but the county may impose reasonable
5
restrictions on the public hearing, including reasonable time
6
limitations on the presentation of evidence and the
7
cross-examination of witnesses. The county shall also allow
8
public comment at the public hearing in accordance with the
9
Open Meetings Act. The county shall make its siting and
10
permitting decisions not more than 30 days after the
11
conclusion of the public hearing. Notice of the hearing shall
12
be published in a newspaper of general circulation in the
13
county. A facility owner must enter into an agricultural
14
impact mitigation agreement with the Department of Agriculture
15
prior to the date of the required public hearing. A commercial
16
wind energy facility owner seeking an extension of a permit
17
granted by a county prior to July 24, 2015 (the effective date
18
of Public Act 99-132) must enter into an agricultural impact
19
mitigation agreement with the Department of Agriculture prior
20
to a decision by the county to grant the permit extension.
21
Counties may allow test wind towers or test solar energy
22
systems to be sited without formal approval by the county
23
board.
24

(d) A county with an existing zoning ordinance in conflict
25
with this Section shall amend that zoning ordinance to be in
26
compliance with this Section within 120 days after January 27,

SB3488
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LRB104 20529 RTM 34003 b
1
2023 (the effective date of Public Act 102-1123).
2

(e) A county may require:
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

SB3488
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LRB104 20529 RTM 34003 b
1
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

SB3488
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LRB104 20529 RTM 34003 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

The
National Electrical
7

Safety Code,
the
Illinois Commerce Commission,
and the

8

Federal Energy Regulatory Commission
,
and their designees
9

or 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

SB3488
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LRB104 20529 RTM 34003 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,

SB3488
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LRB104 20529 RTM 34003 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.

SB3488
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LRB104 20529 RTM 34003 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

SB3488
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LRB104 20529 RTM 34003 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

SB3488
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LRB104 20529 RTM 34003 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

SB3488
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LRB104 20529 RTM 34003 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

SB3488
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LRB104 20529 RTM 34003 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

SB3488
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LRB104 20529 RTM 34003 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

(s-10) The facility owner shall also compensate landowners
19
in full if the facility adversely affects the flow of water
20
within the landowner's land, land adjoining landowner's land,
21
or drainage district land, including, but not limited to, by
22
affecting a drainage tile. The compensation shall be
23
determined by the Department of Agriculture.

24

(t) Notwithstanding any other provision of law, a facility
25
owner with siting approval from a county to construct a
26
commercial wind energy facility or a commercial solar energy

SB3488
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LRB104 20529 RTM 34003 b
1
facility is authorized to cross or impact a drainage system,
2
including, but not limited to, drainage tiles, open drainage
3
ditches, culverts, and water gathering vaults, owned or under
4
the control of a drainage district under the Illinois Drainage
5
Code without obtaining prior agreement or approval from the
6
drainage district in accordance with the farmland drainage
7
plan required by subsection (j-5).
8

(u) The amendments to this Section adopted in Public Act
9
102-1123 do not apply to: (1) an application for siting
10
approval or for a special use permit for a commercial wind
11
energy facility or commercial solar energy facility if the
12
application was submitted to a unit of local government before
13
January 27, 2023 (the effective date of Public Act 102-1123);
14
(2) a commercial wind energy facility or a commercial solar
15
energy facility if the facility owner has submitted an
16
agricultural impact mitigation agreement to the Department of
17
Agriculture before January 27, 2023 (the effective date of
18
Public Act 102-1123); or (3) a commercial wind energy or
19
commercial solar energy development on property that is
20
located within an enterprise zone certified under the Illinois
21
Enterprise Zone Act, that was classified as industrial by the
22
appropriate zoning authority on or before January 27, 2023,
23
and that is located within 4 miles of the intersection of
24
Interstate 88 and Interstate 39.
25
(Source: P.A. 102-1123, eff. 1-27-23; 103-81, eff. 6-9-23;
26
103-580, eff. 12-8-23; revised 7-29-24.)

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