The Will County Board voted 14-7 on Thursday to grant a fourth and final extension for a proposed solar farm near Peotone, raising questions about whether such extensions should continue after a change in project ownership.

The solar energy project, initially approved in March 2023 under Prairie Solar LLC and owned by Trajectory Energy Partners, involves constructing a 4-megawatt facility on roughly 56.8 acres of vacant land north of West Kennedy Road and east of Interstate 57 in Peotone Township. The site is located about one mile north of the Will and Kankakee County boundary. The board’s original approval came in a unanimous 21-0 vote.

The special use permit, which authorized the project, was set to expire two years after approval, but the board has granted three prior extensions to allow construction to commence. Ownership of the project changed hands in April to Standard Solar Inc., which sought a building permit in June followed by a request for this latest extension in July. County officials are currently reviewing the building permit application.

Some board members expressed reservations about allowing the transfer of special use permits without requiring a fresh review. Julie Berkowicz, a Republican board member from Naperville, argued that such permits should not be transferable without reconsideration. In contrast, Sherry Newquist, a Democrat from Steger, noted that the initial approval included 15 conditions that would be void if the permit process had to restart, potentially complicating the project’s progress.

Relevant Illinois state law establishes renewable energy standards and limits local regulations from becoming more restrictive than these statewide rules. However, board members debated whether the law’s provisions apply in cases where ownership changes or significant time has elapsed before construction begins. Legal counsel Kevin Meyers indicated that while no specific case law addresses extension approvals, the state statute suggests that denial would be unwarranted.

Marguerite Kenny, zoning administrator for the Will County Land Use Department, commented that the location near major transportation routes and the absence of objections from Peotone officials or local residents originally supported the project’s suitability. She also noted that county regulations cap extensions at four for such developments.

In a letter to the county, the solar company stated it has made substantial progress toward construction by submitting detailed engineering plans and applying for the necessary permits. The extension was deemed necessary to allow the Manhattan Fire Protection District to complete its review of the building permit. The company affirmed that construction is ready to begin once the permit is approved.