McHenry County committee weighs ordinance to shift solar approvals to ZBA, flags battery safety and litigation risks

McHenry County’s Planning, Environment and Development Committee discussed an ordinance that would remove county-board approval for solar generating facilities and make the Zoning Board of Appeals (ZBA) the approving body, but took no formal vote and directed staff to report back on legal and safety issues.

The committee considered a proposal “that removes county board action from solar generating facilities, CUPs,” and heard staff caution that the ordinance would shift responsibility to the Zoning Board of Appeals, which “would be required to have their findings of fact submitted or recorded in writing,” rather than relying on transcripts, said Adam, Planning & Development director.

The change would make the ZBA the final approver for uses defined in the ordinance instead of routing approvals to the county board, Adam said. Committee members raised several concerns during the discussion, including whether the county would retain meaningful review authority, how the ZBA would document findings, how quickly hearings must proceed…