County staff warns of state law changes that will tighten timelines, require ordinance updates for battery storage

Iroquois County planning staff briefed the Planning and Zoning Committee on Nov. 4 about state statutory changes that will affect how the county reviews wind, solar and battery-storage projects and will require updates to local ordinances.

Andy (staff member) said the statutory changes tighten review timelines — citing a 60-day window to start and hold hearings — and add prescribed criteria that counties must include in ordinances. "The statute's changing to where now it's gonna say, 60 days to hearing," Andy said. He warned that those changes could narrow the county’s discretionary review of applications and predicted counties will need to amend local codes, particularly to address battery storage.

Staff told the committee the county’s greatest continuing authority will be on post-approval controls: road use, decommissioning, weed management and reporting requirements. Andy recommended that county leaders develop a draft or model ordinance for local use and noted the battery-storage provisions will require substantial changes to existing county rules.

The committee discussed options to add alternates to their zoning panels and noted a large project could require multiple nights of hearings to fully consider technical evidence and public comment. Staff also told members to expect revised appeal procedures and warned that new statutory appeal processes might themselves be challenged in court.

Staff said a model ordinance and further guidance would follow once the governor signs the statutory changes and recommended that the committee expect to consider ordinance language in the first quarter of the next year.

No formal votes were taken on ordinance language at the Nov. 4 meeting; staff requested direction and indicated it would return with draft text for committee review.