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County attorney tells board it cannot block annexed data center; resolution or advocacy are the available options
Summary
At the Tazewell County Board meeting an attorney said Illinois law limits county zoning authority to unincorporated areas and that a parcel annexed by a nearby city falls under that city's control; the board and staff discussed ordinance options such as closed‑loop wells and on‑site energy but no county prohibition was possible under the cited statute.
An attorney for the county told the Tazewell County Board on Monday that state law restricts county zoning authority to areas outside municipal corporate limits, meaning the county does not have legal authority to approve or deny land use for property that a city has purchased and annexed.
“The statute … indicates that the county’s zoning and land‑use authority is for areas outside of the city limits,” the attorney said, citing 55 ILCS 5/5‑12001 and telling the board that municipal ordinances within corporate limits supersede county regulations.
The attorney advised that the county’s practical options are to convey opinions to the municipal decision‑makers, adopt a nonbinding resolution expressing the county’s position, or meet directly with city officials. “Any opinions or resolutions … it would be up to the city of Beacon to either disregard those opinions or take those opinions into consideration when making their decision on the use of the land,” the attorney said.
County staff member Jackie briefed the board on possible ordinance language the county has been considering in the Land Use Committee, including restrictions or standards related to water use for cooling, required on‑site energy production (solar, battery backup), setback requirements, and the use of closed‑loop wells to limit groundwater withdrawals. Jackie said the full board will review draft criteria before any formal county action.
Board members asked whether the county is close to adopting a dedicated ordinance for data centers. Jackie said committee discussion began in September and that further criteria remain to be finalized; she reiterated that water‑rights and large water‑use questions often involve state agencies such as the Illinois EPA and local Soil and Water Conservation Districts rather than county zoning.
Resident Matthew Johnson, who identified himself at the meeting, urged board members representing the impacted areas to engage with the city and residents. He described a large, opposed city council meeting and said constituents felt bypassed by the municipality’s process.
No formal county prohibition or moratorium was proposed at the meeting; board members and staff framed possible next steps as education, outreach to municipal officials, and the option to draft nonbinding resolutions expressing county concerns.
The board did not vote on any ordinance at the meeting; members were informed about legal limits, discussed potential ordinance elements, and were urged by residents to present county views to the annexing city.
