How Springfield Took Solar Siting Away from Counties
A plain-English guide to the 2023 law (as amended, most recently by P.A. 104-458, effective June 1, 2026), the deadlines it sets, and the reforms we support. Not legal advice. Full text: 55 ILCS 5/5-12020.
Signed into law, effective the same day
Source: ISACo
For the hearing to conclude after an application is filed
Source: §5-12020(c)
For the county to decide after the hearing
Source: §5-12020(c)
Maximum required setback from a neighbor’s home
Source: §5-12020(e)
What Counties Can No Longer Do
Under the current statute (as amended through July 1, 2026), a county may not:
Keep solar off farmland
No ban, permanent or temporary, in districts zoned agricultural or industrial. (§5-12020(h))
Require berms or tall screening
No earthen berms (since 2023). Since June 1, 2026, screening can’t be required to exceed 5 ft when first installed. (§5-12020(l); P.A. 104-458)
The Permit Timeline
Agricultural impact agreement
The developer must sign an AIMA with the Illinois Department of Agriculture. (§5-12020(c))
Published in a local newspaper
Hearing notice must run in a newspaper of general circulation in the county. (§5-12020(c))
Public hearing concludes
Interested parties may present evidence and cross-examine witnesses; the public may comment. Since June 1, 2026 the hearing must conclude within 60 days (before, it only had to be held within 60 days). (§5-12020(c); P.A. 104-458)
County decides
The siting decision is due no more than 30 days after the hearing ends. (§5-12020(c))
Permit stays alive
The county can’t set a construction deadline shorter than 5 years. Added June 1, 2026. (§5-12020(i-5); P.A. 104-458)
Setbacks the State Allows
A county may require these for a commercial solar facility. Since June 1, 2026, they’re measured from the nearest above-ground part of the facility, not counting the fence. A non-participating neighbor can waive them in writing. (§5-12020(e))
From occupied homes and buildings on non-participating property
From a non-participating property line
From a public road right-of-way
Perimeter fence height; panels max 20 ft at full tilt
Drainage and Decommissioning
Drainage districts lose their say
A permitted developer may cross or impact district tile and ditches without the district’s prior approval, following its own drainage plan. (§5-12020(j-5), §5-12020(t))
Full cleanup money: year 11
Financial assurance phases in: 10% by year 1, 50% by year 6, 100% by year 11. (Standard Solar AIMA)
What the Courts Have Said
Third District: must approve
Equity Solar v. Grundy County, March 10, 2026. (Opinion)
Fourth District: some discretion
Tate Road Solar v. Winnebago County, June 2, 2026. (Opinion)
Reform Bills in Springfield
HB 5477: Resident Protection Act
SB 3585: Town buffer & prime soils
What We Want Changed
Restore county discretion
Replace “shall be approved” so elected boards can say no.
Protect prime soils
Steer utility-scale solar off the most productive farmland.
Give drainage districts a vote
Require their approval before tile and ditches are crossed.
Front-load cleanup money
Don’t make counties wait 11 years for full financial assurance.
Springfield wrote these rules. Springfield can fix them.
Join neighbors across Illinois pushing for local control.