In January 2023, the Illinois
General Assembly enacted Public
Act 102-1123 (the Act) which, among other things, amended the Counties Code
to codify new standards and procedures for the development of “commercial solar
energy facilities” in counties across Illinois. Notable provisions of the Act
include the following:
- A restriction that counties may not adopt zoning
regulations that “disallow, permanently ortemporarily,” commercial solar
energy facilities in agricultural or industrial districts, - Guidelines regarding maximum setbacks, fencing
requirements, height, vegetative screening, etc., - A provision allowing counties to adopt standards
for solar facilities, so long as county requirements are not “more restrictive”
than those specified in the Act, - A requirement that counties hold public hearings
prior to making decisions to approve or deny solar facilities, and - A provision stating that requests for siting
approval or special use permits “shall be approved” if a request complies with
the Counties Code, the local county zoning ordinance, and relevant state and
federal statutes and regulations.