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Committee pauses action on solar zoning changes pending court rulings and state statute review
Summary
Members discussed whether to remove county-board votes for certain solar permits and let zoning staff or the ZBA handle approvals administratively; the county's attorney noted pending Will County litigation that could affect local discretion under a 2023 state amendment to section 5-12-020.
The Planning, Environment and Development Committee on Oct. 7 discussed proposed zoning changes for utility-scale solar farms and agreed to wait for court guidance before recommending code amendments that would remove county-board discretion.
Committee members expressed frustration that state law restricts county authority for solar siting and that county board votes sometimes have no practical effect because state statute sets objective standards such as setbacks and screening. Several members said they want transparency from developers about potential project locations and transmission-connection points where possible.
Representatives from the state's attorney’s office briefed the committee on related litigation in Will County. The office said multiple consolidated cases in the 12th Judicial Circuit are fully briefed and that a status date was set for Oct. 17; the county’s attorneys described competing legal arguments. Plaintiffs (solar developers) argue the 2023 amendment to section 5-12-020 eliminates counties’ discretion to deny special-use permits when applicants meet listed specifications. Will County asserts that the statute preserved counties’ authority to consider the public welfare and orderly development (LaSalle factors) and therefore can continue to exercise discretion in individual permit decisions.
State’s attorneys and committee members agreed it is prudent to await judicial guidance before pursuing a UDO change that would make certain solar approvals administrative and remove a county-board public vote. The committee asked staff to monitor the Oct. 17 status date and to return with analysis of the Will County briefs and implications for McHenry County.
