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Effingham County board pauses action on wind and solar rules pending Coles County hearings
Summary
County board members discussed potential local rules for wind and solar farms but agreed to wait for the outcome of ongoing hearings in neighboring Coles County and noted limits imposed by state statutes; no ordinance or formal action was adopted.
Presiding board member opened discussion on “wind solar farms” and said he had not heard back from Aaron about a draft ordinance, and the board took no formal action.
Board members said they are watching Coles County’s ongoing wind-ordinance hearings and plan to mirror any ordinance that appears to withstand public scrutiny and legal testing. A board member summarized the county’s approach: “we're kind of watching what Coles County's wind ordinance hearing ... we're trying to see if their ordinance kinda is tested in this process and and withstands the test and scrutiny.” The board discussed that Coles County has used an outside moderator — described in the meeting as a retired judge — to run hearings.
The meeting record shows several practical concerns raised in discussion: whether the county can impose rules beyond state statutes, whether an operator who begins construction before local rules are adopted could be later bound by a road-maintenance agreement, and the potential cost to the county if hearings extend for many days. One board member said county enforcement is limited by state law: “I had spoken with Aaron a little bit on the subject as well, and it sounds like he's pretty sure that we can't go beyond the state statutes.”
Board members debated timing and enforcement implications. One expressed urgency about drafting a local ordinance before a project advances: “I think we need to move forward because I think that we're we might get into a situation where it's too late to do something for a given one.” Others noted the practical limits of local authority and recommended waiting to see how Coles County’s process resolves.
No motion, ordinance, or vote on wind or solar regulations was recorded. The item was left as unfinished business and will remain on a future agenda so the board can review Coles County’s outcome and any subsequent draft from Aaron.
The board also asked staff to monitor how Coles County bills applicants for extended hearings; one board member said the neighboring county bills in $50,000 increments beyond the initial fee when hearings run long, and that hearings are reimbursable through applicant fees.
The discussion was recorded during the meeting’s “unfinished business” portion; no public comment on this item appears in the transcript.
