Illinois clarifies county authority over solar siting

A new law passed by the Illinois Legislature strengthens counties' power over siting commercial solar projects in unincorporated areas, amid a legal dispute between Grundy County and the City of Morris.

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The Illinois General Assembly has passed legislation clarifying counties’ authority to approve permits for commercial solar installations located outside municipal zoning boundaries. This clarification comes as Grundy County faces legal action from the City of Morris over a project led by ECA Solar.

The adopted legislation amends the Illinois Counties Code, explicitly granting counties the power to regulate the siting of commercial solar projects in unincorporated areas not under municipal jurisdiction. The provision states that a county may regulate such installations “with standards that are not more restrictive than those specified in this section” as long as they fall outside municipal zoning authority.

A process validated by the county

Grundy County State’s Attorney Russ Baker stated that all legal steps had been followed in the project’s approval. He emphasised that the disputed solar development lies outside city limits and therefore falls solely under the county’s authority. Baker also expressed surprise at the City of Morris’ decision to pursue litigation, asserting that the approval process met all local and procedural zoning requirements.

Developer ECA Solar welcomed the legislative clarification. Todd Fryatt, the company’s Founder and Chief Executive Officer, said the statute reinforces ECA Solar’s long-standing position regarding jurisdictional boundaries tied to the project.

An active judicial timeline

The legal dispute between the two parties remains ongoing. The City of Morris is expected to respond to ECA Solar’s motion to dismiss by November 20, with the developer’s reply due by December 5. ECA Solar reaffirmed its commitment to engaging with both local and state stakeholders while defending its commercial solar investments.

Todd Fryatt stated that the company remains focused on developing energy projects on private land in partnership with local authorities. The new statutory language could influence both the current proceedings and future legal interpretations of similar projects across the state.

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