Installer urges council to revisit 12-foot fence rule after USDA-backed bank projects stalled

Justin Chager, a representative for Stone River Group and Illinois Solar, told the Lincoln City Council on April 7 that changes to the city's solar ordinance – specifically a new 12-foot fence requirement tied to 12-foot‑tall ground‑mounted panels – make one planned commercial installation infeasible and could jeopardize USDA grant funding.

Chager said the planned ground‑mount system for First National Bank of Tremont would reach about 12 feet tall and that the ordinance’s setback and fence‑height rules effectively require the panels be 24 feet from a fence. "Given the space behind the building is only 32 foot deep, it would be impossible to put a solar system behind that building at that with those size requirements," Chager told the council. He said the bank has secured USDA funding for the project and that, if the city’s requirement remains at 12 feet, the bank "stand[s] to lose about $100,000 in federal funding for this project."

Chager asked the council to consider returning the security‑fence standard to the previous six feet or to an eight‑foot standard commonly used for commercial security fencing. He also described additional cost and visual‑impact concerns for a 12‑foot opaque fence, including the need for deep concrete footings. "Offense of this size becomes a major construction project along with the solar as well, requiring, deep concrete footings every 8 feet to meet structural demands for wind and weight," he said.

Aldermen asked follow‑up questions about alternatives and legal context. Alderman Peart asked whether Chager knew municipal practices elsewhere; Chager said his installer had completed roughly 1,800 systems in Illinois and had not encountered an ordinance requiring opaque 12‑foot fencing for ground mounts. Alderman Bateman asked if the 12 feet is measured to the top of the panel; Chager confirmed it was "from ground to the very top of the panel at the angle." Alderman McClellan and others asked about property‑value and glare concerns; Chager said a six‑ or eight‑foot fence would eliminate glare in this configuration.

Council members and the city attorney questioned a legislative citation Chager offered. Chager referenced Illinois House Bill 3563 and Senate Bill 2416 and said they passed Jan. 27, 2023. City attorney (identified in the meeting record as a council commenter) said he had not found those measures as city‑applicable, and noted some of the bills discussed in 2023 pertained to county code (55 ILCS) rather than the municipal code (65 ILCS). "I'm interested in speaking with you thereafter to try to submit your research here," the attorney said.

The council did not take formal action on the ordinance at the April 7 meeting. Council members asked staff and Chager to continue the conversation, and Alderman Bateman said he would speak with Chager after the meeting to gather more information.

Why it matters: The city's height and fence standards directly affect whether ground‑mounted commercial solar installations can be built on tight urban sites and whether property owners can take advantage of outside grant funding. Chager told the council that, in his view, the city’s 12‑foot fencing requirement is unusually restrictive and is blocking projects that were planned and approved for other funding sources.

Council next steps: Council members did not schedule an ordinance change at the meeting but signaled interest in further review and in reconciling the city’s ordinance with recent state guidance cited by the speaker.