Statute cited in hearing limits county decommissioning scope to state template

Sep 28, 2026

Counsel cited Illinois law during testimony, arguing the county cannot require decommissioning standards more restrictive than the Department of Agriculture's agricultural impact mitigation agreement template; witness agreed that leaving materials below 5 feet in place is permitted under that framework.

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During the ZBA hearing, counsel quoted an Illinois statute and the Department of Agriculture's model agreement to frame what a county may require for decommissioning. The attorney read language referencing the state template and asserted that "a county shall not require standards for construction, decommissioning, or deconstruction ... that are more restrictive than those included in the Department of Agriculture's standard wind farm agricultural impact mitigation agreement template" (citing the provision in testimony). The applicant's witness agreed, noting the template permits material below 5 feet to remain in place and that the firm modeled removal to a 5‑foot depth consistent with that guidance (SEG 1211–1220, SEG 1226–1231).

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