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| | HB2988 Enrolled | | LRB101 10750 AWJ 55868 b |
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| 1 | | AN ACT concerning local government.
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| 2 | | Be it enacted by the People of the State of Illinois,
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| 3 | | represented in the General Assembly:
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| 4 | | Section 5. The Counties Code is amended by changing Section |
| 5 | | 5-12020 as follows:
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| 6 | | (55 ILCS 5/5-12020) |
| 7 | | Sec. 5-12020. Wind farms, electric-generating wind |
| 8 | | devices, and commercial wind energy facilities. |
| 9 | | Notwithstanding any other provision of law or whether the |
| 10 | | county has formed a zoning commission and adopted formal zoning |
| 11 | | under Section 5-12007, a county may establish standards for |
| 12 | | wind farms and electric-generating wind devices. The standards |
| 13 | | may include, without limitation, the height of the devices and |
| 14 | | the number of devices that may be located within a geographic |
| 15 | | area. A county may also regulate the siting of wind farms and |
| 16 | | electric-generating wind devices in unincorporated areas of |
| 17 | | the county outside of the zoning jurisdiction of a municipality |
| 18 | | and the 1.5 mile radius surrounding the zoning jurisdiction of |
| 19 | | a municipality. There shall be at least one public hearing not |
| 20 | | more than 30 days prior to a siting decision by the county |
| 21 | | board. Notice of the hearing shall be published in a newspaper |
| 22 | | of general circulation in the county. A commercial wind energy |
| 23 | | facility owner, as defined in the Renewable Energy Facilities |
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| | HB2988 Enrolled | - 2 - | LRB101 10750 AWJ 55868 b |
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| 1 | | Agricultural Impact Mitigation Act, must enter into an |
| 2 | | agricultural impact mitigation agreement with the Department |
| 3 | | of Agriculture prior to the date of the required public |
| 4 | | hearing. A commercial wind energy facility owner seeking an |
| 5 | | extension of a permit granted by a county prior to July 24, |
| 6 | | 2015 (the effective date of Public Act 99-132) must enter into |
| 7 | | an agricultural impact mitigation agreement with the |
| 8 | | Department of Agriculture prior to a decision by the county to |
| 9 | | grant the permit extension. Counties may allow test wind towers |
| 10 | | to be sited without formal approval by the county board. Any |
| 11 | | provision of a county zoning ordinance pertaining to wind farms |
| 12 | | that is in effect before August 16, 2007 (the effective date of |
| 13 | | Public Act 95-203) may continue in effect notwithstanding any |
| 14 | | requirements of this Section. |
| 15 | | A county may not require a wind tower or other renewable |
| 16 | | energy system that is used exclusively by an end user to be |
| 17 | | setback more than 1.1 times the height of the renewable energy |
| 18 | | system from the end user's property line. |
| 19 | | Only a county may establish standards for wind farms, |
| 20 | | electric-generating wind devices, and commercial wind energy |
| 21 | | facilities, as that term is defined in Section 10 of the |
| 22 | | Renewable Energy Facilities Agricultural Impact Mitigation |
| 23 | | Act, in unincorporated areas of the county outside of the |
| 24 | | zoning jurisdiction of a municipality and outside the 1.5 mile |
| 25 | | radius surrounding the zoning jurisdiction of a municipality.
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| 26 | | (Source: P.A. 99-123, eff. 1-1-16; 99-132, eff. 7-24-15; |