Residents press McHenry County board over proposed Railway Solar project as members warn state law limits local control
Loading...
Summary
Residents told the McHenry County Board on Jan. 15 they oppose a proposed Railway Solar community project sited on an aquifer recharge area, raising water‑quality and health concerns. Board members and county counsel said recent state law changes limit local zoning authority and that arguments will likely hinge on LaSalle factors in any court challenges.
At the McHenry County Board Committee of the Whole meeting on Jan. 15, dozens of residents urged the board to reject a proposed Railway Solar community installation sited near homes and a sensitive aquifer recharge area.
Paul Mckarowitz, a representative for Railway Solar, told the board the project is "community solar" intended to feed the local distribution grid and that the developer is prepared to work with neighbors. Multiple residents countered with detailed objections. "The state says a 150 feet is safe. How do they know that?" said Michael Stumbaugh, who described the site as close to homes and a recharge zone. Nancy Stumbaugh said damaged panels could ‘‘contaminate our water’’ and asked the board to "reconsider" the location; Valerie Kasak warned of erosion, soil compaction and impacts to wells and wildlife.
The public comments fed into a broader board discussion about the county's current legal authority. A county legal advisor told members the new law affecting attorney‑fee exposure would "go into effect on June 1," and that the county's options for denying applications are limited; several board members said the practical route to a defensible denial in court would be to prove harms under the LaSalle factors — including compatibility with adjacent zoning, diminution of property values, public welfare and evidence of need.
Board members framed the issue as a balance between sympathy for residents' safety concerns and legal risk. "We are extremely frustrated at the lack of authority that has been taken away from this body," said Pamela Althoff. Several members said they are participating in task forces in Springfield to seek legislative change but acknowledged they must decide on each petition under current law and precedent.
The petition for Railway Solar remains on the county docket; board members and staff told the public the item will be discussed and likely voted on at the board's regular meeting next Tuesday. County officials also encouraged residents to submit technical evidence and raised the possibility that arguments about water contamination and public welfare could be central if the matter is litigated.
The board did not take a final vote on the project during the Jan. 15 committee meeting; members instead asked staff and attorneys to prepare information and for proposed motions or amendments to be filed in writing before the full‑board vote.
