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.
For as-built tile maps after construction
Source: Standard Solar AIMA
For repairs found during deconstruction, weather permitting
Source: Standard Solar AIMA
After end of life to restore tile in the footprint
Source: Standard Solar AIMA
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):
Find the tile
Work with the landowner to identify tile lines and show them on construction and deconstruction plans.
Map it
Record all tile in or next to the footprint by GPS.
Deliver as-built maps
Give strip maps of tile, repairs and buried cable to the landowner, IDOA and the county Soil & Water Conservation District.
Repair or replace
Install tile of comparable quality, size and slope. Make repairs promptly if the landowner finds an unreasonable disruption.
SWCD weighs in
The county Soil & Water Conservation District’s opinion must be considered.
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))
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
HB 5477
Would require an Illinois EPA stormwater (NPDES) permit before approval for sites disturbing more than one acre. (Synopsis)
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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