Kankakee County adopts zoning text amendments to comply with new state law on solar, wind and battery storage
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Summary
After extended debate, the county board approved a text amendment to county ordinance to align local code with Illinois Public Act 104‑0458, adding energy storage rules, setbacks and permitting provisions while removing certain previous consultation requirements.
The Kankakee County Board on April 14 approved a multi‑page text amendment to the county zoning code to conform to Illinois Public Act 104‑0458, which alters local authority over commercial solar, wind and battery energy storage systems.
The amendment, recommended 5–0 by the Zoning Board of Appeals and discussed in detail by planning staff, adds energy storage systems as a permitted use in industrial districts, requires a Farmland Drainage Plan for proposed sites, specifies setbacks and screening rules, and creates a decommissioning‑plan model for battery energy storage systems. Planning staff highlighted new setbacks that apply to standalone battery storage, including a 150‑foot setback from the outside wall of a dwelling on a nonparticipating property, and a 50‑foot setback from public roadways for facility components.
Why it matters: Planning staff and county counsel told the board the state statute has limited the county’s zoning authority in some areas, and the board faces a choice: adopt the required conforming language or risk having no local ordinance that can be enforced. County counsel said failing to adopt changes could leave the county “in a worse position” and expose it to litigation. Several board members expressed frustration with the loss of local control and urged residents to hold state legislators accountable.
Content changes: The draft removes a county requirement for consultation with the U.S. Fish and Wildlife Service that the state statute no longer requires; it also adds rules for energy storage and clarifies fees and permit language. The amendment further restricts residential‑district siting by removing agriculture as a permitted use in the Single‑Family Residential District, which the planner said effectively removes commercial solar and wind from that district.
Board action: After a recorded roll call, the board approved the ordinance amendment. One member requested sending the matter back to the zoning board for more public input, but planning staff said ZBA and PZA had already reviewed the item and noted the state requires the county to have the provisions in place by June 1.
What’s next: The ordinance change will be incorporated into the county code; staff said landowners and developers must follow the newly clarified permitting, decommissioning and drainage plan requirements going forward.
