Another solar farm asks for Kane County OK

A 32-acre solar electricity-generating installation has been proposed near Sugar Grove in Kane County.

On Tuesday, the Kane County Board’s development committee recommended granting a special-use permit. The full county board will vote on the matter July 14.

SunCode Energy of Irvine, California, acting on behalf of Douglas Family Butterfly Garden and Solar Farm LLC, also of Irvine, proposes to install the 5 megawatt commercial solar array on land south of Norris Road and east of Bliss Road.

The land is owned by Alder Drive LLC of North Aurora. A special-use permit is required because the land is zoned for farming.

Nearby resident Shane Cummins spoke against the project, questioning contentions that the project would not decrease the value of nearby properties or negatively affect neighbors’ enjoyment of their land. He spoke about enjoying picturesque views from his land over the site.

Cummins said the county board should consider limiting how much of a property can be used for solar panels.

Committee Chairman Rick Williams said he didn’t disagree. But he said the state has “severely limited” the county’s control over solar installations.

“And those state statutes have been increasingly onerous on us over the years, to the point now we have very limited control,” Williams said.

The 2023 Statewide Siting Act, which governs wind and solar power installations, says that counties cannot impose regulations stricter than state law, including regulations on how far back the panels have to be from buildings on neighboring properties.

Williams said there are conflicting appellate court decisions about the state’s power. The 3rd and 4th appellate districts have reached different conclusions as to whether a county must allow a solar array if it meets state criteria, even if local zoning officials say it doesn’t meet other, subjective, local standards to get special-use permits.

Kane County is not in either appellate district.