Landmark Appellate Victory for Illinois Solar Energy Developers

In Equity Solar Illinois v. County of Grundy, a unanimous panel of justices at the Third District Appellate Court held that Illinois’ 2023 Solar Amendments required Grundy County to grant special use permits to two solar energy projects that met all state requirements. The decision is a significant milestone for solar developers seeking to expand their footprint in Illinois. 

Illinois’ 2023 Counties Code Amendments

In January 2023, the Illinois legislature established a statewide framework for commercial wind and solar energy developers to obtain local siting permits (Solar Amendments). The Solar Amendments authorize counties to establish requirements for solar siting that are less restrictive than the state standards. 

The Solar Amendments mandate that a request for a special use permit for a solar farm “shall be approved” if it meets the standards established under the state law. Despite this directive, counties across Illinois have continued to reject solar siting permit applications, resulting in litigation across the state.

Case Background

In 2023, solar developers submitted special use permit applications to construct two solar farms in Grundy County. Although there was no dispute that the applications met the Solar Amendments’ requirements, the county board denied the permits based on traditional zoning and siting considerations outside of the state Solar Amendments. 

In 2024, the solar developers challenged the denial on the grounds that the county had a nondiscretionary duty to issue the permits. The circuit court granted the judgment for the developers and issued a writ of mandamus ordering the county to issue the permits. 

The Appellate Court’s Reasoning

On March 10, the Appellate Court affirmed the circuit court’s decision. Noting that the Solar Amendments established a clear division of state and local decision-making, the court observed that the Solar Amendments balance limited discretion for counties with Illinois’ policy in favor of renewable energy expansion. The Solar Amendments established ways in which counties may and may not regulate solar projects. The court held that the Solar Amendment’s provision that certain projects “shall be approved” creates a mandate. 

Though acknowledging Grundy County’s argument that zoning decisions are generally subject to a county’s discretion, the Appellate Court held, “this case does not involve traditional land-use decisions by a county.” The court further noted that the 2023 amendments did not eliminate all local discretion, but that discretion concerns only the identification and application of permissible conditions authorized by the Counties Code.

The court also rejected arguments from nearby municipalities that the county should be able to consider the municipalities’ plans for future growth in its zoning decision, reasoning that, “interpreting the plain language ‘shall be approved’ to mean something other than, or less than, it clearly and unambiguously says arcs the statutory language past its breaking point.” 

Key Takeaways

• “Shall be approved” means what it says. The appellate court confirmed that the Solar Amendments’ “shall be approved” language creates a mandatory, non-discretionary duty to issue special use permits to conforming applicants. Thus, the court affirmed a writ of mandamus as an appropriate remedy in the case. 

• Traditional zoning considerations do not apply. Counties may not rely on the standard LaSalle National Bank and Sinclair Pipe Line factors — such as compatibility with surrounding uses, impact on property values, or general welfare considerations — to deny commercial wind and commercial solar special use permit applications that meet the Solar Amendments’ requirements. Similarly, municipal comprehensive plans are not a basis for denial. 

• Counties’ discretion is limited. Harmonizing local discretion with the 2023 amendments’ approval mandate does not mean that the Solar Amendments eliminated all local discretion when reviewing applications for special use permits. Rather, that discretion concerns only permit conditions authorized by the Counties Code, not a reevaluation of whether a compliant solar or wind project should be permitted at all.

• The decision may influence pending litigation and permitting decisions. Solar developers have filed lawsuits against several Illinois counties contesting their denial of special use permits. As the first appellate court decision on this issue, it may be persuasive to judges and county boards across the state. The decision may be similarly persuasive for wind energy developers siting projects under the provisions of the 2023 amendments applicable to commercial wind energy facilities.