County Board Members Between a Rock and a Hard Place in Solar Farm Zoning Mandate for Approval from the Circuit Court

Proposed solar farm zoning requests have met with heavy opposition from many surrounding homeowners.

And, McHenry County Board members have heard their cries.

And, acted accordingly, rejecting zoning request after zoning request.

Because there is a state law requiring local governments to approve solar zoning requests, the companies requesting them have gone to court seeking to have the state law enforced.

Here’s part of the court order that resulted from one of the suits:

Judge Joel Berg points out that the new law “prohibits counties from placing “any restriction on the installation or use of a . . . commercial solar energy facility unless” its ordinance complies with the requirements of [the new state law].”

Further, it “prohibits counties from adopting “zoning regulations that disallow, permanently or temporarily, … commercial solar energy facilities from being developed or operated in any district zoned to allow agricultural or industrial uses.”

However, the County Board passed an ordinance requiring the “facility shall be situated as to minimize impacts to woodlands, savannas, wetlands, drainage tiles, and encroachment into flood plains.”

The Judge points out state law “does not allow a County to prohibit a facility based on the minimization of impacts to woodlands, wetlands, or savannas unless minimization is imposed under State or federal statutes and regulations.”

There were other requirements imposed on the Pebble Solar firm, which it met,

“The ZBA [Zoning Board pf Appeals] Voted to Recommend Denying the Pebble Solar Project Despite Acknowledging that Siting Criteria Was Met.”

The ZBA voted to recommend denial of the application, even though requirements beyond requirements of state law had been met. as the Judge observed.

The only reason given by the ZBA for recommending rejection of the zoning application was ,”“Board members did not feel sufficient efforts were made to minimize impact to woodlands on site.”

The Judge noted, “The Siting Statute does not allow a County to prohibit a facility based on the minimization of impacts to woodlands, wetlands, or savannas.”

The County Board voted 1-16 to deny the Application a “the County Board voted 1-16 to deny the Pebble Solar
Application…[a] “decision,,,not supported by the record.”

Because state law does not allow a local government to impose stricter restrictions than are included in state law, “it is unlawful for the County to base denial on this requirement.”

The Judge looked at a second application, one which achieved approval by the ZBA, “Without Cause or Discussion, the County Board Voted [4-13] to Deny Water Locust’s Application for a Conditional Use Permit.”

“The County Board’s decision [in both applications] is not supported by the record.”

However, as the Judge points out, “The County Board’s decision [in both applications] is not supported by the record” in a subsection of his ruling,

“Pebble Solar had a clear right” for approval

“McHenry County had a clear, mandatory and non-discretionary duty to approve a conditional use permit for the Pebble Solar Project as originally presented to the ZBA.”

With regard to the second application: “McHenry County has the clear authority to approve a conditional use permit for the Pebble Solar Project as originally presented to the ZBA upon issuance of a writ of mandamus in this case compelling McHenry County to do so.’

One project is on Bull Valley Road in Nunda Township.

The other is in Johnsburg at Spring Grove Road and West Ringwood Road.

Judge ordered that both permits be issued.

In fact, the Judge provided a resolution, ordering the County Board to vote for it.

If the Board does not due so, it (the Board, not the induvial members) will be held in contemp.

Board member Matt Kunkle said, “I will be a ‘No’ vote..If they put me in jail, I could use the vacation.”

Here are the resolutions on the Tuesday night agenda mandated for passage:

0.b.1Z26-0023, Pivot Energy IL 78 LLC, Nunda Twp, A1C- A1C, Remove 6″ gap (Requires majority vote of members present.)

10.b.2Pebble Solar Z25-0065 (Requires majority vote of members present.)

(Pursuant to Consent Order in Pebble Solar, LLC, Water Locust Solar, LLC, Edward Sincere, Chris Biggus, Jan Jozwiak and Lorie M. Jozwiak, Vs. County of McHenry – Case# 26MR000042)

10.b.3Crystal Lake Solar Z25-0073 (Requires majority vote of all members.)

(Pursuant to Consent Order in Crystal Lake Solar LLC, a Delaware limited liability company Vs. County of McHenry, an Illinois unit of local government – Case# 26MR000062)

10.b.4Water Locust Solar Z25-0077 (Requires majority vote of members present.)

(Pursuant to Consent Order in Pebble Solar, LLC, Water Locust Solar, LLC, Edward Sincere, Chris Biggus, Jan Jozwiak and Lorie M. Jozwiak, Vs. County of McHenry – Case# 26MR000042)

10.b.5Arena Topaz Solar Z25-0083 (Requires majority vote of members present.)

(Pursuant to Consent Order in Arena Topaz Solar, LLC and MRG Farm, LLC Vs. County of McHenry, Illinois – Case# 26 MR 61)

10.b.6Railway Solar Z25-0093 (Requires majority vote of members present.)

(Pursuant to Consent Order in Railway Solar, LLC, Vs. County of McHenry, Illinois – Case# 26MR000089)