Lee County OKs two Mount Hill community solar projects after removing proposed well-testing condition

Lee County commissioners approved special-use permits for two community solar projects on Mount Hill Road after adopting an enforcement schedule and removing a water-testing condition that staff said they could not reliably enforce.

The board voted to approve a 5-megawatt project filed by Mount Hill Road North Solar LLC and a 2-megawatt project filed by Mount Hill Road South Solar LLC. Both parcels are in Palmyra Township and are approximately 67.29 acres. The board recorded the votes by roll call; the North project passed with 14 yes and 1 abstention and the South project passed with 15 yes, 3 no and 1 abstention.

The zoning administrator, Alice Lisonbee, told the board the zoning board of appeals had recommended a condition requiring surface-water testing or a well test study but that county staff recommended striking that condition because it was vague and the county lacked a clear way to enforce it. Lisonbee said the county instead will adopt a “step up” violation process for special-use violations, with an initial fine of $10,000, a second violation at $25,000 and a third at $50,000 plus a petition for revocation of the special-use permit. She said operations would cease until violations were remedied and any required fines paid, and that applicants would have 15 days to file a written appeal to the zoning hearing officer; payment of the fine would be stayed during the appeal.

Tom Kitson, the commissioner who moved the motions, said he was moving the versions that reflected changes approved in executive committee, including the removal of the water-testing requirement and adoption of the fines-and-appeal language explained by Lisonbee. County board members asked whether the fines should be incorporated into the county’s zoning ordinance at a later time; Lisonbee replied the schedule could be considered as part of broader future updates to the solar ordinance.

The petitions describe the North parcel as located on the east side of Mount Hill Road, about a half-mile north of Illinois Route 2, and the South parcel as about seven-tenths of a mile north of Illinois Route 2. Both parcels are zoned Ag-1 (rural/ag) and were forwarded with ZBA recommendations to the county board.

Board approval is for the special-use permits as presented, with the revised enforcement condition and without the surface-water/well-testing requirement.