The National Law Review reports, a recent Illinois appellate court decision marks a significant legal victory for solar energy developers, clarifying that counties must approve solar projects that meet statewide regulatory standards.
In Equity Solar Illinois v. County of Grundy, a unanimous panel of the Illinois Third District Appellate Court ruled that Grundy County was required to issue special use permits for two proposed solar farms that complied with the state’s 2023 Solar Amendments. The court affirmed a lower court ruling that ordered the county to grant the permits.
The case stems from Illinois legislation passed in 2023 establishing a statewide framework for siting commercial wind and solar energy facilities. Under the law, counties may adopt local siting requirements, but those rules cannot be more restrictive than the standards set by the state. The law also states that permit applications for solar farms “shall be approved” if they meet those requirements.
Despite acknowledging that the proposed projects met the state standards, the Grundy County Board denied the developers’ permit applications in 2023, citing traditional zoning considerations. Solar developers challenged the decision, arguing that the county had a nondiscretionary duty to approve the permits under state law.
A circuit court agreed with the developers and issued a writ of mandamus ordering the county to grant the permits. On March 10, the appellate court affirmed that decision.
In its opinion, the appellate court concluded that the statutory language requiring that qualifying projects “shall be approved” creates a clear mandate for counties. While counties retain some authority to apply certain conditions authorized under the Counties Code, the court said they cannot deny projects that meet the state’s solar siting standards based on traditional zoning considerations such as compatibility with surrounding land uses or potential impacts on property values.
The court also rejected arguments that county officials could deny projects based on nearby municipalities’ future development plans.
As the first Illinois appellate decision interpreting the 2023 Solar Amendments, the ruling could have broader implications for renewable energy development across the state. Several lawsuits challenging county denials of solar permits are currently pending, and the decision may influence how courts and local governments handle similar disputes.
Legal observers say the ruling provides important clarity for developers seeking to expand solar energy projects in Illinois while confirming that counties’ authority is limited when applications meet state standards.