Protect yourself because the zoning laws will NOT!
Over the last year, UCTC volunteers have devoted thousands of hours to researching and understanding the zoning of industrial wind turbines. Statistics of existing projects show absentee landowners are more likely to sign up than those who live within the footprint. This highlights the importance of satisfactory siting and zoning at the local level.
In July of 2022, UCTC proposed an ordinance to Tazewell County. Every aspect of the proposal was backed by research, studies, turbine safety documents, and real-life turbine incidents. In January 2023, Illinois Public Act 102-1123 took effect and greatly reduced the ability of Tazewell County to regulate the siting of industrial turbines. Due to the lacking regulations for siting, it is important to understand your rights, and lack of rights after becoming a participating landowner. Do not fall to the pressure of participating in a project; your neighbors have many of the same hesitations you do, and are standing strong together as non - participants.
“participating” means anyone who is subject to a written agreement with the wind company, that provides an easement, option, lease, or license to use the property in any form. This includes a good neighbor agreement which silences future complaints regarding the effects of the turbines.
“non-participating” means anyone who does not sign a contract for ANY reason with the wind companies.
Below are some shortcomings of PA 102-1123 you should be aware of (this list is not exhaustive):
- Setbacks from nonparticipating properties- Our research uncovered several reasons that each wind energy tower be set back 3,000 feet or six times its height (whichever is greater) from all non-participants property lines. The Act allows counties to require setbacks of only 1.1 times the height of the tower from adjoining properties.
- Setbacks from outbuildings – UCTC asked that each tower be set back at least 1.5 times its height from ANY primary structure, which includes machine sheds, workshops, and livestock barns, as well as a half-mile from any large animal shelter building. This is a safety requirement. The Act does not permit required setbacks from machine sheds, workshops, barns, or large animal shelter buildings.
- Setbacks from public roads - The Amendment would require that each wind energy tower be set back at least 2X its height from any public road. This is for public safety. Recent events in LaSalle County (which has better setbacks than Tazewell County), have required roads to be shut down. The Act permits a required setback of no more than 1.1 times the tower height.
- Shadow flicker – Residents residing in the footprint asked that the county require that no shadow flicker occur on non-participating properties. The Act requires non-participating residences or community buildings to accept up to thirty hours of shadow flicker per year.
- Noise – UCTC feels strongly that non-participating properties should receive sound of no more than 38 dBa from a wind energy system. This is already above the average levels of a rural residence and for every ~10 decibels sound is perceived to double. The Act refers to the Illinois Pollution Control Boards regulations (up to 60 or 70 dBa of low-frequency sound)
- Road use - The Amendment would require that the developer improve any roads used
during development by bringing them up to a load limit of at least 80,000 pounds once development is complete. Language should be detailed and not contain subjective terms up to anybody’s discretion. The Act allows the developer merely to be held responsible for reasonable costs relating to roads impacted by construction.
- Soil productivity - The Amendment would require that wind farms be located on sites where at least 75% of the soil has a productivity index under 125. This came from the Tri County plan, and as you know, Tazewell County has some pretty productive soil that is worth protecting! The Act contains no such restriction.
- Pre-application meeting – UCTC’s proposed ordinance would require a public pre-application meeting be held with representatives from multiple county and township officials. This creates transparency for ALL involved in a project of this scale. The Act contains no such requirement.
- Additional asks of UCTC that will not be met under state limitations include, but are not limited to, enforcement funds, insurance requirements, and a robust decommissioning plan to withstand the life of a 57 year contract. We asked for an enforcement fund which the county can draw upon to investigate, and enforce mitigation of, complaints about the project, as well as a decommissioning plan completed by an independent certified engineer.