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Yes, Utica can extend moratorium on solar, wind farms

Village attorney cites exemption in new state law

Utica Village Hall

Springfield adopted a law that prevents municipalities from halting green-energy projects. A lawyer for Utica said Monday it doesn’t apply to the village.

As previously reported, the Utica Village Board voted 5-0 (Trustee Pete Pawlak was absent) on Thursday, April 9, to extend its moratorium on issuing permits for solar energy and wind farm systems inside village limits.

Village officials extended the moratorium, which does not apply to residential solar panels, to see what new regulations come out of the current legislative session.

Since then, Shaw Media was contacted by objectors who wondered why the village acted despite the passage of a new law (Public Act 104-0458) that strips a municipality of blocking a green-energy project. The law takes effect June 1.

In response, village attorney Herb Klein said the new law does not apply to home rule communities.

Utica became a home rule community in 2006. At that time, the village was rebuilding after a devastating 2004 tornado that claimed 10 lives. The Utica Village Board adopted home rule to acquire greater autonomy and hasten the recovery.

Tom Collins

Tom Collins

Tom Collins covers criminal justice in La Salle County.