SPRINGFIELD, IL – The same district representative on the Sangamon County Board who pleaded for more consideration before a 280-acre data center would be approved in his district is now proposing to amend Sangamon County’s law so local governments can have a more defining say on renewable energy projects near their villages.
Representative for District 7 Craig Hall’s proposal was heard on June 18 and ultimately tabled for 30 days by the Sangamon County Zoning and Land Use Committee for what committee board members said was “too much chance for litigation.”
Hall’s proposal had sat at the Zoning and Land Use Committee since May 21 before being brought up June 18.
The proposal revolves around renewable energy and the section 5-222 of civil administration code of Illinois; by amending chapter 17.06.070, Hall looked to make an exception to rezoning agricultural portions outside of New Berlin, over 120 homes, to R1-residential.
By changing the zoning around the village, in essence, renewable energy projects would be pushed farther outside the village boundaries to construct.
While a new Illinois law promotes equity in the renewable energy industry, Hall told The State Journal-Register villages under his proposal should be able to rezone land surrounding the village over a mile away to continue growth within the city limits, while stopping large-scale projects from building “too close to home.”
Essentially, if a project is built on the outskirts of a city, that’s where the outward growth stops in that direction.
The proposal would let the Zoning and Land Use committee to rezone the surrounding land to residential.
While no one member of the committee was an opponent directly to the proposal, attorney Daniel Hamilton went over the upsides and downsides of the ordinance in its current form, and how the county would open up potential long-term impacts the ordinance could have on rural land being blanketed as residential to skirt state law preventing prohibition of renewable energy projects.
Law being tested
The law is currently being tested in Winnebago County, which may go up to the Illinois Supreme Court due to it creating a split between Winnebago County and Grundy County appellate court rulings.
The case revolves around a case handed down to the fourth district court on June 2 where the court said the county could use certain factors to make a determination regarding a solar zoning case previously thought not available.
Sangamon County is in the fourth district court system, meaning Winnebago County’s case is the upheld law in the county.
Potential plans moving forward
Hamilton asserted Illinois courts will find it capricious to ignore the actual characteristics of rural land to rezone as residential and will create conflict between county and ordinance and state law to prohibit the renewable sites.
He said by changing the characteristics of the land, land values could also drop and create hardship on property owners – like pastures which will have to conform to residential zoning standards on grass height.
“The bottom line is the county has the general line to rezone properties but runs high risk, county liability, administrative costs and the benefits are uncertain,” Hamilton said. “Unanticipated impacts would arise, we understood an opt out for objecting owners could be an option, that can weaken the legal defense (as well.)”
Hamilton outlined five options to go forward:
For the comprehensive plan, he continued to explain that if the plan states the land is reserved for future residential growth and the proposed use does not align with the plan, there is room to deny.
Hall shared his wariness of the timeline for a comprehensive plan and if it was fair to villages to either move forward, or not.
“By not doing something I might as well stay home, everyone should have stayed home,” Hall said. “It’s been 43 days (since submitting the proposal) and I know it’s not easy getting attorneys but I guess I will go back to the comprehensive study before the end of the year.”
The vote to table
Following the June 18 meeting of land use where Hall’s proposal did not see light, Hall said he understood why it was tabled, but ignoring it would not make it go away.
“Putting together a committee or subcommittee to get this solved,” Hall said. “Whatever it takes to get this done.”
“I would like to see the comprehensive plan move forward and implement to put it on notice we are trying to protect the communities,” District 16 representative Greg Stumpf said. “But the plan Craig put forward would put us in a dangerous precedent.”
At the same meeting, an ordinance regarding data centers regulation was tabled for the second time as well.
Solar project denied
The vote to table Hall’s proposal comes not long after a solar farm planned for Lenhart Road was voted down by the county board.
The 20-acre solar farm petitioned by Virginia-based company Summit Ridge Energy would have sit on the 1300 to 1500 blocks of Lenhart Road. The project initially passed though the Zoning Board of Appeals back in May but was voted down 15-8 at the June 9 County Board meeting.
Some grievances given by constituents and nearby residents – who would live across the road from the proposed solar farm aided in the overall vote to deny the permit.
The vote intersects with Hall’s current proposal being tabled, as it deals with the same solar law Hall’s proposal and the Winnebago County case are looking to work around.
By dismissing the permit, board legal adviser Joel Benoit said at the same meeting if the project follows all legal guidelines, the company could go to court against the county.
Summit Ridge representative Brendan Urban said at the meeting the project had met the required county code; and was even willing to move the projector further off the roadways at the June 9 meeting.
Claire Grant writes about business, growth and development and other news topics for The State Journal-Register. She can be reached at CLGrant@usatodayco.com; and on X (Formerly known as Twitter): @Claire_Granted
This article originally appeared on State Journal-Register: New proposal seeks to limit renewable projects near village boundaries
Reporting by Claire Grant, Springfield State Journal-Register / State Journal-Register
USA TODAY Network via Reuters Connect
By Claire Grant, Springfield State Journal-Register | USA TODAY Network
