97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB0230

 

Introduced 01/25/11, by Rep. David R. Leitch

 

SYNOPSIS AS INTRODUCED:
 
55 ILCS 5/5-12020

    Amends the Counties Code. Provides that a county may not limit the height of a renewable energy system that is used exclusively by an end user other than using the setback of 1.1 times the height of the system from the end user's property line. Further provides that permits for the erection, maintenance, repair, alteration, remodeling, or extension of buildings or structures used or to be used for the harvest of renewable energy by an end user shall be free. Provides that a county may not impose regulations on structures or devices, eliminate uses, buildings, or structures, or require permits with respect to structures or devices used for any renewable energy system that is used exclusively by an end user. Effective immediately.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1    AN ACT concerning local government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Counties Code is amended by changing Section
55-12020 as follows:
 
6    (55 ILCS 5/5-12020)
7    Sec. 5-12020. Wind farms.
8    (a) Except as provided in subsection (b), a A county may
9establish standards for wind farms and electric-generating
10wind devices. The standards may include, without limitation,
11the height of the devices and the number of devices that may be
12located within a geographic area. A county may also regulate
13the siting of wind farms and electric-generating wind devices
14in unincorporated areas of the county outside of the zoning
15jurisdiction of a municipality and the 1.5 mile radius
16surrounding the zoning jurisdiction of a municipality. There
17shall be at least one public hearing not more than 30 days
18prior to a siting decision by the county board. Notice of the
19hearing shall be published in a newspaper of general
20circulation in the county. Counties may allow test wind towers
21to be sited without formal approval by the county board. Any
22provision of a county zoning ordinance pertaining to wind farms
23that is in effect before the effective date of this amendatory

 

 

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1Act of the 95th General Assembly may continue in effect
2notwithstanding any requirements of this Section.
3    (b) A county may not require a wind tower or other
4renewable energy system that is used exclusively by an end user
5to be setback more than 1.1 times the height of the renewable
6energy system from the end user's property line.
7    A county may not limit the height of a renewable energy
8system that is used exclusively by an end user other than
9requiring a setback of 1.1 times or less of the height of the
10renewable energy system from the end user's property line.
11    Permits with respect to the erection, maintenance, repair,
12alteration, remodeling, or extension of buildings or
13structures used or to be used for the harvest of renewable
14energy by an end user shall be issued free of any charge.
15    Except as otherwise provided in this subsection, a county
16may not impose regulations on structures or devices, eliminate
17uses, buildings, or structures, or require permits with respect
18to structures or devices used for any renewable energy system
19that is used exclusively by an end user.
20(Source: P.A. 95-203, eff. 8-16-07; 96-306, eff. 1-1-10;
2196-566, eff. 8-18-09; 96-1000, eff. 7-2-10.)
 
22    Section 99. Effective date. This Act takes effect upon
23becoming law.