The DeWitt County Board sought to implement a 1978 Illinois Supreme Court ruling to evaluate zoning decisions for potential renewable energy applications into its local ordinances.
At Thursday night's DeWitt County Board meeting, DeWitt County State's Attorney Dan Markwell explained the factors - of which there are six - are used to evaluate whether a zoning restriction or special use permit denial is reasonable or arbitrary.
The State of Illinois does not have laws in place regarding zoning, so the 'LaSalle Factors' are often turned to as the standard for applications. However, when the State of Illinois came in with its own laws for wind and solar, they superseded the 'LaSalle Factors'. The County is seeking to implement the 'LaSalle Factors' into its local ordinances, something Markwell fears would be seen as more stringent than State - which would be prohibited.
Discussion among Board members turned to grousing about not being able to make its own decisions about renewable energy development and having to follow State law.
According to Board Chair Joe Witte, the current language is clear, and this action would only add confusion.
The Board sought the counsel of Markwell in the event an application met all the criteria but was overruled because of the 'LaSalle Factors' being in place. He recommended if the Board were to turn down an application, they would need to cite specific reasons for not approving an application. He notes, State law has not been challenged to this point.
Board member Terry Ferguson inquired if a local ruling was challenged, would there be financial implications for the County Board, and Markwell noted the County's rejection of building permits where Enel Green Energy only sought the permits and did not seek restitution, but he noted, a company might seek financial compensation for other reasons.
The revision to the local ordinance failed. Patrick Ryan, Buck Carter, and Megan Myers voted in favor of adding the 'LaSalle Factors' to the local ordinances.