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County attorney warns DeWitt County solar code is more restrictive than state law; municipalities' approval cannot be sole basis to deny siting
Summary
State's Attorney Dan Markwell told the committee that the county's solar code requires a municipal approval letter with siting applications but that municipalities have optional jurisdiction within 1½ miles; because Illinois statute addresses wind but not solar in the same way, the county code's municipal‑approval language is more restrictive than state law and cannot be used to reject solar siting applications.
The committee discussed language in the county’s solar ordinance that requires a letter of approval from a municipality with a siting application. State's Attorney Dan Markwell advised that a municipality has jurisdiction within 1½ miles only if it chooses to enforce its ordinance or annex the property, and said that the County code currently reads as more restrictive than state statute because the statute addresses wind projects specifically and not solar. Markwell cautioned that municipal approval cannot be a standalone reason to deny a solar siting application under state law as described to the committee.
County Administrator Dee Rentmeister said she had not been made aware of a nearby Apex Wind project south of Clinton. The committee did not vote on any ordinance changes; Markwell's remarks were presented as legal guidance for staff and commissioners to consider in future code revisions or siting reviews.
