Four Solar Developers Are Suing McHenry County. Here Is What Happened.

McHenry County is being sued by four solar energy companies whose projects the County Board voted down in December. The lawsuits argue that state law required the board to approve the proposals, and that the denials were illegal. If the developers win, courts could force the county to issue the permits and reimburse the companies' legal costs. The first hearing is May 19. ¹

The stakes extend beyond these four projects. A 2023 Illinois law (Public Act 102-1123) sharply limits what counties can do when a solar farm applies for a permit. If land is already zoned agricultural or industrial, the state considers it eligible for solar development. Counties cannot ban solar farms, impose moratoriums, or set siting rules stricter than the state's own standards. The law is part of Illinois's goal of reaching 100% carbon-free electricity by 2050. ²

In practice, this means the County Board has less power over solar siting than many residents expect. Board member Joe Gottemoller put it bluntly: the state has already approved these projects by the way the law is written, and his constituents are upset about it, as reported by Shaw Local. ¹

The December hearing was contentious. Residents packed the room, many wearing green stickers to signal opposition. Board Chair Mike Buehler admonished the crowd against applause. The board denied Water Locust Solar near Johnsburg on a 13-4 vote, Pebble Solar near McHenry 16-1, and Crystal Lake Solar 11-6. ³ The closest call was Arena Topaz Solar near McHenry, denied 9-8. A fifth project, adjacent to an existing solar farm on Crystal Lake Road, passed 9-8.

Opponents cited farmland preservation, watershed protection, and the visual impact on rural character. Some of those concerns carry more weight than others. Watershed protection near Crystal Lake is a legitimate environmental issue with documented sensitivity. Farmland conversion is a real trade-off, though solar leases typically last 25 to 40 years and the land can be returned to agriculture afterward. Visual impact is subjective and not a basis for denial under the state siting standards. Board member Pam Althoff described the situation as a catch-22: the board faced enormous community pressure to reject projects it may not have the legal authority to deny. ³

If an area already has an agricultural or industrial zoning classification, then basically, the state has already approved it for us.

Board member Joe Gottemoller, District 4, per Shaw Local

There is also a cost to not building solar. Illinois's clean energy mandates require utilities to source increasing shares of electricity from renewables. If in-state solar capacity does not keep pace, ratepayers cover the difference through higher compliance costs passed along in electric bills. ComEd, the utility serving McHenry County, has cited the need for more distributed generation to meet state targets. The projects the board rejected would have added capacity that counts toward those requirements.

The developers' legal arguments center on the 2023 law. Pebble Solar and Water Locust argue that citizen opposition is not a permissible basis for denial. Arena Topaz Solar says the board's meeting minutes lack documented reasons for the decision. Crystal Lake Solar calls the rejection arbitrary and capricious. All four seek court-ordered permits and reimbursement of legal fees. ¹

This is not the county's first solar lawsuit. In 2023, IL Solar 9000 LLC sued after the board added restrictions to a dozen approved solar farms, including a 10-year time limit on a Crystal Lake project. Facing the suit, the board voted 11-6 in January 2024 to repeal the restrictions, and the developer dropped the case. ⁴

Marengo sits in the middle of the issue. A proposed 100 MW solar facility northwest of the city would cover roughly 850 acres and represent an investment of over $199 million. In October 2024, the City Council approved an accommodation agreement with Plowshare Solar, LLC. The city's 2024 comprehensive plan includes goals to set guidelines for solar farm development. ⁵

But the city also passed its own ordinance in July 2023 removing solar farms as a permitted use within city limits and within the 1.5-mile buffer zone where the city controls zoning. Under the state law, municipalities keep that authority. Counties do not. So Marengo decides what happens within its borders, but the farmland between towns is governed by county rules that the courts are now reviewing. ⁵

What happens next: court dates run from May 19 through June 10. If the courts side with the developers, the county's only remaining option would be lobbying Springfield to amend the state statute. Several board members have already expressed interest in that path. ¹