WHAT THE LAW AND THE STATE AGREEMENT SAY

Drainage Tile & Solar

Illinois farms run on tile drainage that often crosses property lines. Here’s what a solar developer must do, and what the 2023 law took away from drainage districts.

60 days

For as-built tile maps after construction
Source: Standard Solar AIMA

30 days

For repairs found during deconstruction, weather permitting
Source: Standard Solar AIMA

12 months

After end of life to restore tile in the footprint
Source: Standard Solar AIMA

No OK

Needed from the drainage district before crossing its tile
Source: §5-12020(t)

What the Developer Must Do

From the Illinois Department of Agriculture’s standard solar agricultural impact mitigation agreement (AIMA), version 8.19.19 (PDF, IDOA AIMA page):

BEFORE CONSTRUCTION

Find the tile

Work with the landowner to identify tile lines and show them on construction and deconstruction plans.

DURING CONSTRUCTION

Map it

Record all tile in or next to the footprint by GPS.

WITHIN 60 DAYS AFTER

Deliver as-built maps

Give strip maps of tile, repairs and buried cable to the landowner, IDOA and the county Soil & Water Conservation District.

IF TILE IS DAMAGED

Repair or replace

Install tile of comparable quality, size and slope. Make repairs promptly if the landowner finds an unreasonable disruption.

IF THERE'S A DISPUTE

SWCD weighs in

The county Soil & Water Conservation District’s opinion must be considered.

WITHIN 12 MONTHS AFTER END OF LIFE

Restore the footprint

Using “best efforts,” restore underground drainage capacity inside the footprint.

What the 2023 Law Changed

The developer writes the drainage plan

It files a farmland drainage plan with the county and impacted drainage districts, “created independently by the facility developer.” (§5-12020(j-5))

OUR TOP CONCERN

Districts can't block a crossing

With county siting approval, the developer may cross or impact district tile, ditches and culverts without the district’s prior agreement or approval. (§5-12020(t))

What Neighbors Have Said

Ogle County

Residents raised drainage, farmland and property values at the hearing; the board denied the project unanimously. (Superhits 93.5)

DeKalb County

Opponents said they don’t object to solar in general but worry about prime farmland and flooding. (WSPY)

Reforms That Would Help

IN COMMITTEE

HB 5477

Would require an Illinois EPA stormwater (NPDES) permit before approval for sites disturbing more than one acre. (Synopsis)

IN COMMITTEE

SB 3585

Within 3 miles of a town, would bar county approval on land with a Soil Productivity Index of 90 or more, or where the operator has failed NPDES stormwater requirements. (Text)

Protect the tile that protects your farm.

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