DeKalb County Board wants public feedback as new state law goes into effect regulating solar, wind developments

SYCAMORE – DeKalb County government officials are seeking additional guidance and inviting the public to weigh in on a new state law that requires counties to make uniform existing regulations on solar and wind farm developments.

A public hearing regarding changing local solar and wind ordinances to comply with freshly set requirements by the state legislature will take place at 1 p.m. March 23 at the DeKalb County Community Outreach building, 2500 N. Annie Glidden Road., Suite F, Sycamore.

“I still sit in front of you with still a lot of questions because I think House Bill 4412 still put forth an effort that left some items unaddressed,” Deputy County Administrator Derek Hiland told the county’s Planning and Zoning Committee during a recent meeting.

On Jan. 27, Gov. JB Pritzker signed House Bill 4412, setting uniform setback requirements for wind tower and solar energy facilities. The law, now Public Act 102-1123, also stipulates all Illinois counties with existing zoning ordinances regarding solar energy systems or wind tower facilities be in compliance of the regulation within 120 days of its enactment.

The new law stipulates that all Illinois counties must have the same regulations related to future solar and wind farm development, including the amount of setback space between wind turbines or solar farms from surrounding residences, road right-of-ways or properties.

Regulations on solar and wind developments have been a countywide discussion for years, most recently last fall. In October, the DeKalb County Board set countywide solar development requirements and in 2018 the Board approved a similar set of regulations for wind energy developments.

“You’ve opened this pandora’s box. You’ve made your bed, now you’re going to sleep in it.”

—  Jerry Osland, DeKalb County Board

Hiland said there’s a variety of nuances surrounding the law that he believes limits its functionality. Hiland said he thinks there’s a possibility that further legislation could come out of the state General Assembly before June 1. However, until those rumors come to fruition he still has to keep the county on track to make the prescribed ordinance changes within 120 days.

To do that, county officials will seek additional public feedback during the hearing in March. In April, the county’s Planning and Zoning Committee will have a chance to recommend any changes and send the proposals to the DeKalb County Board for an expected vote in May.

In January, John Lyon, of Mayfield Township, thanked the DeKalb County Board members for passing a resolution that opposed the legislation. Lyon said he thinks the County Board needs to do more to let area residents know how the new law could affect them.

“You need to develop a media campaign,” Lyon said. “All of your constituents do not follow current events, even though they are in the line of fire. I and others are willing and ready to assist in the needed campaign.”

County Administrator Brian Gregory told county residents at at Feb. 22 meeting that solar and wind rules set by the state will need to become the rules of DeKalb County, under the new law.

“So when all of you come out, or your neighbors, wherever the project is and you have issues, ultimately ... the County Board is going to be tasked with asking the question, ‘Does it meet the state’s rules?’” Gregory said. “And if it does, the default position is that we don’t really have much choice on it.”

County Board vice chairman John Frieders, a Republican from District 12, asked Gregory what the repercussions would be if the board voted against someone seeking developer rights for a project that meets the state’s requirements.

“There are certain land rights, and there are certain development rights that go with that once the rules are established, so you can’t change, you can’t move the goal posts,” Gregory said. “And if you do, let’s say we have a project that meets all the criteria and a board votes it down, it’s very likely that that would be litigated and go through the court system and either some sort of financial settlement or the courts would uphold their development rights.”

County Board member Jerry Osland, a Republican from District 12, said he thinks those who’ve advocated more lenient setback requirements for solar and wind tower facility developments were the catalyst for the new law.

“I think you’re all off on the wrong track. You’ve opened this pandora’s box. You’ve made your bed, now you’re going to sleep in it,” Osland said. “Those that have been pro for solar panels – now we’re going to get stuck with this and it’s going to be even more of a mess than it is – congratulations. You’ve done this.”

County Board member Jim Luebke, a Democrat from District 9, said he thinks that’s the wrong attitude.

“If that’s the approach taken you’re never going to get it back,” Luebke said. “Just lobbying and pressure that’s all anybody out there can do. Lobby your legislature, lobby the governor, pressure. They understand political pressure. Use it.”