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Land-use counsel flags vague language and possible conflicts with Illinois rules
Summary
Outside counsel and an academic reviewer told the board that wildlife-passage, EMF and some measurement provisions may be vague or exceed municipal authority; counsel recommended aligning standards with state agencies and accepted studies.
Tilton’s draft solar ordinance drew pointed legal and technical criticism from outside counsel and an academic reviewer, who said several provisions may be difficult to justify or enforce under Illinois law.
Kyle Barra, an attorney with McGuire Woods who has worked on renewable projects across Illinois, told the board the wildlife-passage language is vague and may not be within municipal authority unless the sites are conservation lands. He also said EMF-focused regulation is uncommon and that Illinois Pollution Control Board rules do not measure EMF "to the property line," meaning the draft’s measuring language may be inconsistent with state practice.
Barra summarized technical and enforceability concerns and recommended the board align ordinance language with state norms and recognized technical standards. "I've never seen any ordinance that focuses on EMF or or attempts to regulate EMF," he said, adding that studies show solar projects typically do not pose EMF risks beyond fenced facilities. Staff and counsel agreed that clearer definitions and referenced standards would reduce legal risk and improve enforceability.
