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Illinois

Illinois

Incentives/Policies for Renewables & Efficiency

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Solar and Wind Rights   

Last DSIRE Review: 06/27/2012
Program Overview:
State: Illinois
Incentive Type: Solar/Wind Access Policy
Eligible Renewable/Other Technologies: Passive Solar Space Heat, Solar Water Heat, Solar Space Heat, Photovoltaics, Wind, Solar Pool Heating, Daylighting
Applicable Sectors: Residential
Authority 1:
Date Effective:
ยง 765 ILCS 165
01/01/2011
Authority 2:
Date Enacted:
Date Effective:
H.B. 991 (Public Act 97-0105)
07/14/2011
01/01/2012
Summary:

Illinois law prohibits homeowners' associations, common interest community associations and condominium unit owners' associations from preventing homeowners from using or installing solar energy systems. These associations may not deny homeowners permission to install solar energy systems, but they may specify the location of the solar energy system, as long as such specifications do not "impair the effective operation" of the system. In July 2011, the legislature enacted a bill (Public Act 97-0105) which added a provision for wind energy. A homeowners's association or similar entity may restrict wind energy devices altogether.

The law stipulates that associations must adopt an energy policy statement specifying details such as location, design, and architectural requirements of the solar energy systems within 120 days of receiving a request for a policy statement or receiving an application from a homeowner. The statement must also include a statement of whether or not wind energy collections are allowed, and, if so, the architectural requirements. If the association adopts an energy policy in which approval is required for the solar energy systems, upon receiving a request from the homeowner, the association has 90 days to approve or deny it. This policy applies to homes that are 30 feet or less in height.

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Disclaimer: The information presented on the DSIRE web site provides an unofficial overview of financial incentives and other policies. It does not constitute professional tax advice or other professional financial guidance, and it should not be used as the only source of information when making purchasing decisions, investment decisions or tax decisions, or when executing other binding agreements. Please refer to the individual contact provided below each summary to verify that a specific financial incentive or other policy applies to your project.

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Copyright 2012 - 2013 North Carolina State University, under NREL Subcontract No. XEU-0-99515-01. Permission granted only for personal or educational use, or for use by or on behalf of the U.S. government. North Carolina State University prohibits the unauthorized display, reproduction, sale, and/or distribution of all or portions of the content of the Database of State Incentives for Renewables and Efficiency (DSIRE) without prior, written consent.