Statewide Renewable Energy Permitting Standards

In January 2023, Illinois adopted H.B. 4412, which requires counties and municipalities to adopt statewide standards for utility-scale solar and wind facilities.  Localities cannot have requirements that are more strict than the standards laid out in the law.

The law sets permissible:

• Setback distances
• Blade tip height limitations
• Shadow flicker limitations
• Solar fencing requirements
• Solar height requirements
• Sound limitations
• Decommissioning requirements

The law also prohibits bans and moratoria on large-scale renewable construction, restrictions on supporting facilities that would preclude renewable development, and unreasonable permit fees. The law prevents localities from requiring property value guarantees or payment into a property devaluation escrow account. It allows requirement for certain vegetative screening surrounding solar facilities but not earthen berms. The law allows localities to require adherence to environmental recommendations from the Illinois Department of Natural Resources, and evidence of consultation with the Illinois State Historic Preservation Office. The law allows localities to require solar facilities to plant vegetative ground cover and requires the Illinois Department of Natural Resources to develop guidelines for vegetation management plans.